STATUTE-104-3-2 - Law Passed by USA To Force The Break-Up of Yugoslavia

PUBLIC LAWS
(CONTINUED)
PUBLIC LAW 101-509NOV. 5, 1990 Public Law 101-509 101st Congress
104 STAT. 1389
An Act
Nov. 5, 1990 [H.R. 5241]
Making appropriations for the Treasury Department, the United States Posted Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30,1991, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30,1991, and for other purposes, namely: TITLE I
Treasury, Postal Service and General Government Appropriations Act, 1991.
DEPARTMENT OF THE TREASURY DEPARTMENTAL OFFICES

SALARIES AND EXPENSES
Treasury Department Appropriations Act, 1991.
For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; not to exceed $22,000 for official reception and representation expenses; not to exceed $200,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate; not less than $2,212,000 and 40 full-time equivalent positions for the Office of Foreign Assets Control; not to exceed $1,649,000, to remain available until expended, for systems modernization requirements; not to exceed $1,000,000, to remain available until expended, for repairs and improvements to the Main Treasury Building and Annex; $63,883,000.
INTERNATIONAL AFFAIRS
For necessiry expenses of the international affairs function of the Departmental Offices, including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and unprovements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; not to exceed $2,000,000 for official travel expenses; and not to exceed $73,000 for official reception and representation expenses; $29,717,000.
104 STAT. 1390
PUBLIC LAW 101-509NOV. 5, 1990 OFFICE OF INSPECTOR GENERAL

For necessary expenses carrsdng out the provisions amended, hire of passenger to remain available until requirements; $21,296,000.
of the Office of Inspector General in of the Inspector General Act of 1978, as motor vehicles; not to exceed $1,543,000 expended, for systems modernization
FINANCIAL CRIMES ENFORCEMENT NETWORK

For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; and not to exceed $3,000 for official reception and representation expenses; $16,488,000. FEDERAL LAW ENFORCEMENT TRAINING CENTER
42 use 3771 Decorations medals, awards.
For necessary expenses of the Federal Law Enforcement Training Center, as a bureau of the Department of the Treasury, including purchase (not to exceed thirty for police-t3rpe use) and hire of passenger motor vehicles; for expenses for student athletic and related activities; uniforms without regard to the general purchase price limitation for the current fiscal year; the conducting of and participating in firearms matches and presentation of awards; for public awareness and enhancing community support of law enforcement training; not to exceed $7,000 for official reception and representation expenses; room and board for student interns; and services as authorized by 5 U.S.C. 3109: Provided, That the Center is authorized to accept gifts: Provided further, That notwithstanding any other provision of law, students attending training at any Federal Law Enforcement Training Center site shall reside in onCenter or Center-provided housing, insofar as available and in accordance with Center policy: Provided further. That funds appropriated in this account shall be available for State and local government law enforcement training on a space-available basis; training of foreign law enforcement officials on a space-available basis with reimbursement of actual costs to this appropriation; training of private sector security officials on a space available basis with reimbursement of actual costs to this appropriation; travel expenses of non-Federal personnel to attend State md local course development meetings at the Center: Provided further, That the Director of *^ Federal Law Enforcement Training Center shall annually present an award to be accompanied by a gift of intrinsic value to the outstanding student who graduated from a basic training program at the Center during the previous fiscal year, to be funded by donations received through the Center's gift authority: Provided further. That none of the funds appropriated under this heading shall be used to reduce the level of advanced training or other training activities of the Federal Law Enforcement Training Center at Marana, Arizona; $40,265,000: Provided further, That the Federal Law Enforcement Training Center shall hire up to and maintain an
PUBLIC LAW 101-509NOV. 5, 1990
104 STAT. 1391
average of not less than 441 direct full-time equivalent positions for fiscal year 1991.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For expansion of the Federal Law Enforcement Training Center, for acquisition of necessary additional real property and facilities, and for ongoing maintenance, facility improvements, and related expenses, $20,775,000, to remain available until expended. FINANCIAL MANAGEMENT SERVICE
For necessary expenses of the Financial Management Service, $218,742,000, of which not to exceed $13,287,000 shall remain available until expended for systems modernization initiatives. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms, including purchase of not to exceed six hundred and fifty vehicles for police-t5T)e use for replacement only and hire of passenger motor vehicles; hire of aircraft; and services of expert witnesses at such rates as may be determined by the Director; not to exceed $10,000 for ofRcial reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement; provision of laboratory assistance to State and local agencies, with or without reimbursement; $301,854,000, of which $21,000,000 shall be available solely for the enforcement of the Federal Alcohol Administration Act during ^ c a l year 1991, and of which not to exceed $1,000,000 shall be available for the pajmient of attorneys' fees as provided by 18 U.S.C. 924(dX2): Provided, That no funds appropriated herein shall be available for administrative expenses in connection with consolidating or centralizing within the Department of the Treasury the records of receipts and disposition of firearms maintained by Federal firearms licensees or for issuing or carrying out any provisions of the proposed rules of the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, on Firearms Regulations, as published in the Federal Register, volume 43, number 55, of March 21,1978: Provided further, That none of the funds appropriated herein shall be available for explosive identification or detection tagging research, development, or implementation: Provided further. That not to exceed $300,000 shall be available for research and development of an explosive identification and detection device: Provided further. That this provision shall not preclude ATF from issisting the International Civil Aviation Organization in the development of a detection agent for explosives or from enforcing any legislation implementing the Convention on the Marking of Plastic and Sheet Explosives for the Purpose of Detection: Provided further. That funds made available under this Act shall be used to achieve a minimum level of 4,073 full-time equivalent positions for fiscal year 1991, of which no fewer than 1,037 full-time equivilent
104 STAT. 1392
positions shall be allocated for the Armed Career Criminal Apprehension Program. UNITED STATES CUSTOMS SERVICE
For necessary expenses of the United States Customs Service, including purchase of up to 1,000 motor vehicles of which 960 are for replacement only, including 990 for police-tjrpe use and commercial operations; hire of motor vehicles; not to exceed $20,000 for official reception and representation expenses; and awards of compensation to informers, as authorized by any Act enforced by the United States Customs Service; $1,135,961,000, of which $7,000,000 shall be for the Interagency Border Inspection System, and of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(fK3) of the Consolidated Omnibus Reconciliation Act of 1985, as amended (19 U.S.C. 58c(fX3)), shall be derived from that Account; of the total, not to exceed $150,000 shall be available for pa3anent for rental space in connection with preclearance operations, not to exceed $4,000,000, to remain available until expended, for research, and not to exceed $3,395,000, to remain available until expended, for renovation and expansion of the Canine Enforcement Training Center: Provided, That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further, That none of the funds made available by this Act shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of $25,000: Provided further. That the Commissioner or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Service: Provided further. That none of the funds made available by this Act may be used for administrative expenses in connection with the proposed redirection of the Equal Employment Opportunity Program: Provided further. That the United States Customs Service shall hire and mgiintain an average of not less than 17,162 full-time equivalent positions in fiscal year 1991, of which a minimum level of 10,421 full-time equivalent positions shall be allocated to commercial operations activities, and of which a minimum level of 930 full-time equivalent positions shall be allocated to air interdiction activities of the United States Customs Service, and of which a minimum level of 222 full-time equivalent positions shall be allocated to the Nogales District of the United States Customs Service: Provided further. That no funds appropriated by this Act may be used to reduce to single eight hour shifts at airports and that all current services as provided by the Customs Service shall continue through September 30, 1991: Provided further. That not less than $500,000 shall be expended for additional part-time and temporary positions in the Honolulu Customs District: Provided further, That $1,750,000 shall be expended to increase by 30 the number of fulltime employees of the United States Customs Service in the Honolulu Customs District: Provided further. That Customs shall increeise by 10 the number of full-time inspectors in the Charleston, South Carolina Customs District: Provided further. That Customs shall increase by 75 the number of full-time inspectors in the San Diego, California Customs District: Provided further. That the express designations of Customs positions provided for in this Act and in the
104 STAT. 1393
accompanying House and Senate Reports shall only apply to positions in excess of those positions funded in Public Law 101-136, and shall not adversely impact staffing increases which are otherwise provided for in fiscal year 1991.
OPERATION AND MAINTENANCE, AIR INTERDICTION PROGRAM
For expenses, not otherwise provided for, necessary for the hire, lease, acquisition (transfer or acquisition from any other agency), operation and maintenance of aircraft, and other related equipment of the Air Program; $110,347,000, to remain available until expended: Provided, That no aircraft or other related equipment with the exception of the aerostat program which will be transferred to the Department of Defense, shall be transferred to any other Federal agency, Department, or office outside of the Department of the Treasury during fiscal year 1991: Provided further, That the United Government States Customs Service shall commence procurement of long-lead procurement, items and conduct all advanced planning required in preparation for the procurement of one additional P-3 airborne early warning (AEW) aircraft in fiscal year 1992.
CUSTOMS FORFEITURE FUND (LIMITATION ON AVAILABILITY OF DEPOSITS)
For necessary expenses of the Customs Forfeiture Fund, not to exceed $14,855,000, as authorized by Public Law 100-690; to be derived from deposits in the Fund.
CUSTOMS SERVICES AT SMALL AIRPORTS (TO BE DERIVED FROM FEES COLLECTED)
Such sums as may be necessary, not to exceed $2,152,000, for expenses for the provision of Customs services at certain small airports or other facilities when authorized by law and designated by the Secretary of the Treasury, including expenditures for the salary and expenses of individuals employed to provide such services, to be derived from fees collected by the Secretary of the Treasury pursuant to section 236 of Public Law 98-573 for each of these airports or other faciUties when authorized by law and designated by the Secretary of the Treasury, and to remain available until expended. UNITED STATES MINT
For necessary expenses of the United States Mint; $51,429,000, including amounts for purchase and maintenance of uniforms not to exceed $275 multiplied by the number of employees of the agency who are required by regulation or statute to wear a prescribed uniform in the performance of official duties.
EXPANSION AND IMPROVEMENTS
For expansion and improvements to existing Mint facilities and for renovation of such facilities as may be acquired, $550,000, to remain available until expended.
104 STAT. 1394
PUBLIC LAW 101-509NOV. 5, 1990 BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBUC DEBT
Effective date.
For necessary expenses connected with any public-debt issues of the United States; $175,139,000: Provided, Tliat such sums as are necessary are appropriated to reimburse Federal Reserve Banks for services required by the Secretary to be performed by such banks as fiscal agents of the United States in support of administering the public debt, effective October 1,1991.
PAYMENT OF GOVERNMENT LOSSES IN SHIPMENT
For pajnnent of Grovernment losses in shipment, in accordance with section 2 of the Act approved July 8, 1937 (40 U.S.C. 722), $500,000, to remain available until expended. INTERNAL REVENUE SERVICE
ADMINISTRATION AND MANAGEMENT
For necessary expenses of the Internal Revenue Service, not otherwise provided for; executive direction, management services, and internal audit and security; including purchase (not to exceed 89 for replacement only, for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the C!ommissioner; $142,279,000, of which not to exceed $25,000 for official reception and representation expehses; and of which not to exceed $500,000 shall remain available until expended for research.
PROCESSING TAX RETURNS AND ASSISTANCE
For necessary expenses of the Internal Revenue Service, not otherwise provided for; including processing tax returns; revenue accounting; statistics of income; providing assistance to taxpayers; hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $1,521,595,000, of which $3,000,000 shall be for the Tax Counseling for the Elderly Program, no amount of which shall be available for IRS administrative costs.
TAX LAW ENFORCEMENT
For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities; tax and enforcement litigation; technical rulings; examining employee plans and exempt organizations; investigation and enforcement activities; securing unfiled tax returns; collecting unpaid accounts; the purchase (not to exceed 451, for replacement only, for police-type use), and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $3,501,119,000, of which not to exceed $70,000 shall be for official reception and representation expenses in connection with the 1991 General Assembly of the Inter-American Center of Tax Administrators, to be hosted by the United States: Provided, Tliat additional amounts above fiscal year 1990 levels for international tax enforcement shall be used for the establishment and
104 STAT. 1395
operation of a task force comprised of senior Internal Revenue Service attorneys, accountants, and economists dedicated to enforcement activities related to United States subsidiaries of foreigncontrolled corporations that are in non-compliance with the Internal Revenue Code.
INFORMATION SYSTEMS
For necessary expenses for data processing and telecommunications support for Internal Revenue Service activities, including: returns processing and services; compliance and enforcement; program support; and tax systems modernization; and for the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner: $942,932,000, of which not less than $247,878,000 shall remain available until expended for tax systems modernization, and of which $60,000,000 shall remain available until expended for other systems development projects: Provided, That of the $247,878,000 provided for tax systems modernization up to $15,()00,()00 may be available until expended for the establishment of a federally-funded research and development center and may be utilized to conduct and evaluate market surveys, develop and evaluate requests for proposals, and assist with systems engineering, technical evaluations, and independent technical reviews in conjunction with tax systems modernization.
ADMINISTRATIVE PROVISIONINTERNAL REVENUE SERVICE SECTION 1. Not to exceed 4 per centum of any appropriation made available to the Internal Revenue Service for the current fiscal year by this Act may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the House and Senate Committees on Appropriations.
UNITED STATES SECRET SERVICE

SALARIES AND EIXPENSES
For necessary expenses of the United States Secret Service, including purchase (not to exceed three hundred and forty-three vehicles for police-tjrpe use for replacement only) and hire of passenger motor vehicles; hire of aircraft; training and assistimce requested by State and local governments, which may be provided without reimbursement; services of expert witnesses at such rates as may be determined by the Director; rental of buildings in the District of Columbia, and fencing, l^hting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; the (X)nducting of and participating in firearms matches and presentation of awu:ds; and for travel of Secret Service employees on protective missions without rârd to the limitations on such expenditures in this or any other Act: Provided, That approval is obtained in advance from the House and Senate Committees on Appropriations; for repairs, alterations, and minor construction at the James J. Rowley Secret Service Training Center; for research and development; for making grants to conduct behavioral research in support of protective research and operations; not to exceed $12,500 for official reception and representation expenses; not to
104 STAT. 1396
exceed $15,000 to assist in hosting the Biennial Conference of the Organization of Women in Federal Law Enforcement; to be held during fiscal year 1991; not to exceed $50,000 to provide technical assistance and equipment to foreign law enforcement organizations, in counterfeit investigations; for pa3mient in advance for commercial accommodations as may be necessary to perform protective functions; and for uniforms without regard to the general purchase price limitation for the current fiscal year; $406,700,000, of which $2,500,000 shall remain available until expended for renovations at the temporary official residence of the Vice President and $1,600,000 to remain available until expended for renovations of the New York Field Office; and of which not to exceed $300,000 shall be made available for the protection at the one nongovernmental property designated by the President of the United States under provisions of section 12 of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note).
TREASURY DEPARTMENTGENERAL PROVISIONS SECTION 101. Appropriations to the Treasury Department in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for officigd motor vehicles operated in foreign countries; entering into contracts with the E)epartment of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services as authorized by 5 U.S.C. 3109. SEC. 102. None of the funds appropriated by this title shall be used in connection with the collection of any underpajonent of uiy tax imposed by the Internal Revenue Code of 1954 unless the conduct of officers and employees of the Internal Revenue Service in connection with such collection complies with subsection (a) of section 805 (relating to communications in connection with debt collection), and section 806 (relating to harassment or abuse), of the Fair Debt Collection Practices Act (15 U.S.C. 1692). SEC. 103. Not to exceed 2 per centum of any appropriations in this Act for the Department of the Treasury may be transferred between such appropriations. Notwithstanding any authority to transfer funds between appropriations contained in any other Act, no transfer may increase or decrease any appropriation in this Act by more than 2 per centum and any such proposed transfers shall be approved in advance by the Committees on Appropriations of the House and Senate. This title may be cited as the "Treasury Department Appropriations Act, 1991". Postal Service Appropriations T I T L E II
^*^' ^^^^
UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsection (c) of section 2401 of title 39, United States Code; $472,592,000: Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further. That six-day delivery and rural delivery of mail 39 use 403 note, shall Continue at not less than the 1983 level: Provided further. That
104 STAT. 1397
none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in the fiscal year ending on September 30,1991.
PAYMENT TO THE POSTAL SERVICE FUND FOR NONFUNDED LIABILITIES
For payment to the Postal Service Fund for meeting the liabilities of the former Post Office Department to the Employees' Compensation Fund pursuant to 39 U.S.C. 2004, $38,142,000. UNITED STATES POSTAL SERVICE GENERAL PROVISIONS
SECTION. 1. ELIMINATION OF SUBSIDIES FOR BULK THIRD-CLASS MAIL CONTAINING CERTAIN ADVERTISING MATTER
(a) I N GENERAL.Section 3626 of title 39, United States Code, is amended by adding at the end the following: "(jXD In the administration of this section, the rates for mail under former section 445203) or 4452(c) of this title shedl not apply to mail which advertises, promotes, offers, or, for a fee or consideration, recommends, describes, or announces the availability of "(A) any credit, debit, or charge card, or similar financial instrument or account, provided by or through an arrangement with any person or organization not authorized to mail at the rates for mail under former section 44520)) or 4452(c) of this title; "(B) any insurance policy, unless the organization which promotes the purchase of such policy is authorized to mail at the rates for mail under former section 4452(b) or 4452(c) of this title, the policy is designed for and primarily promoted to the members, donors, supporters, or beneficiaries of the organization, and the coverage provided by the policy is not generally otherwise commercially available; or "(C) any travel arrangement, unless the orgeuiization which promotes the arrangement is authorized to mail at the rates for mail under former section 44520t)) or 4452(c) of this title, the travel contributes substantially (aside from the cultivation of members, donors, or supporters, or the acquisition of income or funds) to one or more of the purposes which constitutes the basis for the organization's authorization to mail at such rates, and the arrangement is designed for and primarily promoted to the members, donors, supporters, or beneficiciries of the organization. "(2) Matter shall not be excluded from being mail at the rates for mail under former section 4452(b) or 4452(c) of this title, by an organization authorized to mail at those rates solely because "(A) such matter contains, but is not primarily devoted to, acknowledgements of organizations or individusQs who have made donations to the authorized organization; or
104 STAT. 1398
39 use 2401 note.

39 u s e 3626
"(B) such matter contains, but is not primarily devoted to, references to and a response card or other instructions for making inquiries concerning services or benefits available as a result of membership in the authorized organization: Provided, That advertising, promotionsd, or application materials specifically concerning such services or benefits are not included. "(3) Upon request, an organization authorized to mail at the rates for mail under former section 4452(b) or 4452(c) of this title shall furnish evidence to the Postal Service concerning the eligibility of any of its mail matter or mailings to be sent at those rates. "(kXD No person or organization shall mail, or cause to be mailed by contractual agreement or otherwise, at the rates for mail under former section 4452(b) or 4452(c) of this title, any matter to which those rates do not apply. "(2) The Postal Service may assess a postage deficiency in the amount of the unpaid postage against any person or organization which violates paragraph (1) of this subsection. This assessment shall be deemed the final decision of the Postal Service, unless the party against whom the deficiency is assessed appeals it in writing within thirty days to the postmaster of the office where the mailing was entered. Such an appeal shall be considered by an officisd designated by the Postal Service, other than the postmaster of the office where the mailing was entered, who shall issue a decision as soon as practicable. This decision shall be deemed final unless the party against whom the deficiency was assessed appeals it in writing within thirty days to a further reviewing official designated by the Postal Service, who shall issue the final decision on the matter. "(3) The Postal Service shall maintain procedures for the prompt collection of postage deficiencies arising from the violation of paragraph (1) of this subsection, and may in its discretion, follow the issuance of a final decision regarding a deficiency under paragraph (2) of this subsection deduct the amount of that deficiency incurred during the previous 12 months from any postage accounts or other monies of the violator in its possession.". (b) CONFORMING AMENDMENT.Section 2401(c) of title 39, United States C!ode, is amended by striking "3626(a)-(h)" and inserting "3626(a)-(h) and O')-(k)". (c) EFFECTIVE DATE.The amendment enacted by this section shall become effective ninety days after the date of enactment of this Act.
SEC. 2. FORBEARANCE REGARDING CERTAIN POSTAGE DEFICIENCIES.
(a) I N GENERAL.The United States Postal Service may forbear from the collection of any postage deficiency assessed against an organization authorized to mail at the rates for mail under former section 4452(b) or 4452(c) of title 39, United States Code, if the assessment of that deficiency arises from a violation of the cooperative mailing regulations of the Postal Service set forth at section 625.5 of the Domestic Mail Manual, and the Postal Service has made no determination that the organization knowingly or willfully violated such regulations. If any organizations authorized to mail at the rates for mail under former section 4452(b) or 4452(c) of title 39, United States Code, has paid on its own behalf all or part of a postage deficiency which the Postal Service would forbear from collecting under this section, the Postal Service may refund to that organization the amount which it has paid.
104 STAT. 1399
(b) EFFECTIVE DATE AND APPLICABILITY.The provisions of this section shall become effective on the date of enactment of this Act, and shall apply to mailings which were sent on or between July 1, 1986, and the effective date of this section. SEC. 3. Section 3626 of title 39, United States Code, as amended by the General Provisions of title II, is further amended by adding at the end the following: "(k) In the administration of this section, the term 'advertising', as used in former section 4358(jX2) of this title, does not include the publisher's own advertising in a publication published by the official highway or development agency of a State.". This title may be cited as the "Postal Service Appropriations Act, 1991". TITLE III Executive Office Appropriations EXECUTIVE OFFICE OF THE PRESIDENT ^'^' ^^^^
COMPENSATION OF THE PRESIDENT
For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102; $250,000: Provided, That none of the funds made available for official expenses shall be expended for any other purpose and any unused amount shall revert to the Treasury pursuant to section 1552 of title 31 of the United States Code: Provided further, That none of the funds made available for official expenses shall be considered as taxable to the President. OFFICE OF ADMINISTRATION
3 USC102 note.
For necessary expenses of the Office of Administration; $25,410,000, of which not less than $500,000 shall remain available until expended for the White House Conference on Indian EJducation, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles. THE WHITE HOUSE OFFICE
For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceeid $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); not to exceed $20,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President; $32,799,000.
104 STAT. 1400
PUBLIC LAW 101-509NOV. 5, 1990 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES
For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President; $8,495,000, of which $500,000 for the rehabilitation of the White House kitchens shall remain available until expended, and of which $1,202,000 for the repair of the face of the Executive Residence shall remain available until expended, to be expended and accounted for as provided by 3 U.S.C. 105,109-110,112-114. OFFICIAL RESIDENCE OF THE VICE PRESIDENT
OPERATING EXPENSES
For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the official residence of the Vice President, the hire of passenger motor vehicles, and not to exceed $90,000 for official entertainment expenses of the Vice President, to be accounted for solely on his certificate; $626,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carr3dng out such activities. SPECIAL ASSISTANCE TO THE PRESIDENT
For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles; $2,587,000. COUNCIL OF ECONOMIC ADVISERS For necessary expenses of the Council in canying out its functions under the Employment Act of 1946 (15 U.S.C. 1021); $3,064,000.
OFFICE OF POLICY DEVELOPMENT

Fpr necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107; $3,395,000. NATIONAL CRITICAL MATERIALS COUNCIL
For necessary expenses of the National Critical Materials Council, including activities as authorized by Public Law 98-373; $400,000: Provided, That a minimum level of 5 permanent full-time equivalent
104 STAT. 1401
positions shall be hired and maintained by the National Critical Materials Council for fiscal year 1991. NATIONAL SECURITY COUNCIL
For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109; $5,893,000. OFFICE OF MANAGEMENT AND BUDGET
For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109; $48,343,000, of which not to exceed $4,500,000 shall be available to carry out the provisions of 44 U.S.C. chapter 35: Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: Provided further. That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further. That none of the funds made available for the CWfice of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committee on Appropriations or the Committee on Veterans' Affairs or their subcommittees: Provided further. That this proviso shall not apply to printed hearings released by the Committee on Appropriations or the Committee on Veterans' Affairs: Provided further, That none of the funds made available by this Act or any other Act shall be used to reduce the scope or publication frequency of statistical data relative to the operations and production of the alcoholic beverage and tobacco industries below fiscal year 1985 levels: Provided further. That none of the funds appropriated by this Act shall be available to the Office of Management and Budget for revising, curtailing or otherwise amending the administrative and/or regulatory methodology employed by the Bureau of Alcohol, Tobacco and Firearms to assure compliance with section 105, title 27 of the United States Code (Federal Alcohol Administration Act) or with regulations, rulings or forms promulgated thereunder.
OFFICE OF FEDERAL PROCUREMENT POLICY

For expenses of the Office of Federal Procurement Policy, including services as authorized by 5 U.S.C. 3109; $2,914,000.
104 STAT. 1402
PUBLIC LAW 101-509NOV. 5, 1990 OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to title I of Public Law 100690; not to exceed $7,500 for official reception and representation expenses; for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement; $99,000,000, of which $82,000,000 shall be available for drug control activities which are consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas: Provided, That of the $82,000,000 made available, $50,000,000 shall be transferred to Federal agencies and departments for implementing approved strategies and shall be obligated by the end of fiscal year 1991: Provided further. That of the $82,000,000, not less than $32,000,000 shall be transferred to the Department of Justice and the Department of the Treasury for disbursement to State and local entities for drug control activities which are consistent with the approved strategy for each designated High Intensity Drug Trafficking Area: Provided further. That in the case of the Southwest Border High Intensity Drug Trafficking Area such funds shall be available only for drug control activities which are consistent with the approved strategy and approved by the Drug Advisory Board of the affected State: Provided further. That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, for the purpose of aiding or facilitating the work of the Office.
SPECIAL FORFEITURE FUND (INCLUDING T R A N S F E R OF FUNDS)
Wages. Government
employees.
For activities authorized by Public Law 100-690, $46,000,000 to be derived from deposits in the Special Forfeiture Fund; of which $4,548,000 shall be transferred to Federal Bureau of Investigation, "Sgilaries and expenses"; of which $2,637,000 shall be transferred to Immigration and Naturalization Service, "Salaries and expenses"; of which $6,941,000 shall be transferred to Interagency Law Enforcement, "Organized Crime Drug Enforcement"; of which $18,884,000 shall be trsinsferred to United States Customs Service, "Salaries and expenses"; of which $3,856,000 shall be transferred to Bureau of Alcohol, Tobacco and Firearms, "Salaries and expenses"; of which $3,059,000 shall be transferred to Internal Revenue Service, "Tax law enforcement"; of which $91,000 shall be transferred to Secret Service, "Salaries and expenses"; of which $4,984,000 shall remain available until expended for automated data processing enhancements at the El Paso Intelligence Center; and of which $1,000,000 shall remain available until expended to implement section 7604 of Public Law 100-690, the National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act: Provided, That amounts transferred under this heading shall be used for salaries and expenses of drug enforcement personnel.
PUBLIC LAW 101-509NOV. 5, 1990 OFFICE OF NATIONAL DRUG CONTROL POLICY

GENERAL PROVISION
104 STAT. 1403
SECTION 1. Section 524(c)(9) of title 28, United States Code is amended by deleting the second sentence and inserting the following: "For each of fiscal years 1991, 1992, and 1993, the Attorney Greneral shall transfer not to exceed $150,000,000 in unobligated amounts available in the Fund to the Special Forfeiture Fund: Provided, That such amounts will be transferred on a quarterly basis: Provided further. That, upon each transfer, not to exceed $15,000,000, or, if determined by the Attorney General to be necessary to meet forfeiture program expenses, an amount not to exceed one-tenth of the previous year's obligations shall be retained in the Fund and remain available for payment of authorized expenses: Provided further, That, any unobligated amounts in excess of $150,000,000 shall remain on deposit in the Fund.".
UNANTICIPATED NEEDS
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year; $1,000,000. This title may be cited as the "Executive Office Appropriations Act, 1991". TITLE IV INDEPENDENT AGENCIES ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Independent Agencies Appropriations Act, 1991.
For necessary expenses of the Administrative Conference of the United States, established by the Administrative Conference Act, as amended (5 U.S.C. 571 et seq.), including not to exceed $1,000 for official reception and representation expenses; $2,079,000. ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS
For expenses necessary to carry out the provisions of the Advisory Commission on Intergovernmental Relations Act of 1959, as amended (42 U.S.C. 4271-79); $1,300,000, and additional amounts not to exceed $200,000, collected ifrom the sale of publications shall be credited to and used for the purposes of this appropriation. ADVISORY COMMITTEE ON FEDERAL PAY
For necessary expenses of the Advisory Committee on Federal Reports. Pay, established by 5 U.S.C. 5306; $207,000: Provided, That the
104 STAT. 1404
annual report of the Advisory Committee on Federal Pay shall be submitted to the Appropriations Committees of the House and Senate and other appropriate Committees of the Congress at the same time the report is submitted to the President. COMMITTEE FOR PURCHASE FROM THE BLIND AND OTHER SEVERELY HANDICAPPED
For necessary expenses of the Committee for Purchase From the Blind ind Other Severely Handicapped established by the Act of June 23,1971, Public Law 92-28 $1,160,000. FEDERAL ELECTION COMMISSION
For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended; $17,150,000, of which not to exceed $5,000 shall be available for reception and representation expenses. GENERAL SERVICES ADMINISTRATION REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND UMITATIONS ON AVAILABILITY OF REVENUE
For additional expenses necessary to carry out the purpose of the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)), $1,645,733,000 to be deposited into said Fund. The revenues and collections deposited into said Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings and moving; repair and alteration of federally owned buildings including grounds, approached and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, taxes, and any other obligations for public buildings acquired by installment purchase and purchase contract, in the aggregate amount of $5,268,651,800 of which (1) not to exceed $1,460,678,000 shall remain available until expended for construction of additional projects at
104 STAT. 1405
locations and at maximum construction improvement costs (including funds for sites and expenses) as follows: New Construction: Arizona: Flagstaff, a grant to Northern Arizona University, Southwest Forestry Science Complex, $4,500,000 California: East Los Angeles, a grant to California State University, $350,000 Los Angeles, a grant to the Japanese American National Museum, $39,000 Los Angeles, a grant to Marymount Loyola University, $4,000,000 Menlo Park, U.S. Geological Survey, Laboratory Building A, $22,000,000 Sacremento, John E. Moss Federal Building U.S. Courthouse, Extension, $5,801,000 San Diego, a grant to Children's Hospital, $1,750,000 Colorado: Denver, a grant to the National Research Center for Environmental Lung Disease, $1,000,000 District of Columbia: A grant to the American Indian Higher Education Consortium, $1,908,000 A grant to the D.C. Children's National Medical Center, $1,750,000 Federal Bureau of Investigation, Field Office, $37,800,000: Provided, That such funds shall be obligated only upon the advance approval of the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works Department of Transportation, Headquarters, site, $50,000,000: Provided, That such funds shall be obligated only upon the advance approval of the House and Senate Committees on Appropriations and the House Committee on Public Works and Transportation and Senate Committee on Environment and Public Works Southeast Federal Center, $88,000,000: Provided, That such funds shall be obligated only upon the advance approval of the House Committee on Public Works and Transportation and Senate Committee on Environment and Public Works Florida: Miami, a grant to Mt. Sinai Medical Center, $1,750,000 Georgia: Athens, a grant to University of (Jeorgia, Dean Rusk Center for International and Comparative Law, $1,000,000 Augusta, U.S. Courthouse, $353,000 Idaho: Moscow, a grant to University of Idaho, Environmental Laboratory, $5,800,000 Illinois: Chicago, John C. Klucz3mski Federal Building, Claim, $455,000 Iowa: Ames, a grant to Iowa State University, Midwest Supercomputer Access Center, $2,200,000
104 STAT. 1406
Kansas: Kansas City, Federal Building U.S. Courthouse, $29,475,000 Pittsburg, a grant to Pittsburg State University, School of Technology Complex, $5,000,000 Louisiana: Shreveport, Federal Building and U.S. Courthouse, $24,669,000 Maryland: Baltimore, a grant for planning and design of Christopher Columbus Center on Marine Research and Exploration, $4,000,000 College Park, a grant to the University of Maryland for superconducting materials research, $1,375,000 Prince Georges County, Internal Revenue Service, $206,502,000 Prince Georges County, U.S. Courthouse, $21,883,000 Massachusetts: Boston, Federal Building U.S. Courthouse, $184,200,000 Waltham, a grant to establish and construct a National Center for Complex Systems at Brandeis University, $4,000,000 Woods Hole, a grant for the continued development of the Marine Biomedical Institute for Advanced Studies, $4,750,000 Michigan: Houghton, a grant to Michigan Technological University for construction of a center for applied metallurgical, minerals, and materials research, $1,750,000 Minnesota: Minneapolis, Federal Building and U.S. Courthouse, $68,772,000 Montana: Great Falls, a grant to the McLaughlin Research Institute for Biomedical Sciences, $5,000,000 Nebraska: Lincoln, a grant to University of Nebraska, George W. Beadle Center for Genetic and Biomatenals Research, $4,500,000 Omaha, a grant to Creighton University, Criss Research Building, $2,000,000 Nevada: Carson City, Federal Building-Post Office, parking construction, $50,000 New Jersey: Camden, Post Office and Courthouse Annex, Elscalation, $8,903,000 New Mexico: Alamcôrdo, a grant to the Primate Research Institute, Site and Facilities, to be constructed on a site leased from the United States Air Force at Holloman Air Force Base, $4,000,000 Albuquerque, a grant to Sandia National Laboratory for research in environmentally conscious manufacturing, $3,000,000 New York:
104 STAT. 1407
New York, a grant to Columbia University, Center for Disease Prevention, $1,000,000 Rochester, a grant to Rochester Institute of Technology for a strategic materials research center, $1,750,000 White Plains, Courthouse, $26,350,000 Oregon: Portland, Courthouse Annex, $33,320,000 Pennsylvania: Philadelphia, a grant to the Philadelphia Urban League for the administration of a community-based drug prevention program, $778,000 WUkes-Barre, Social Security Administration Data Operations Center, escalations, $11,905,000 Knoxville, U.S. Courthouse-Post Office, $3,431,000 Texas: College Station, a grant to Texas A&M University for the establishment of the Institute for National Drug Abatement Research at the Texas Engineering Experiment Station, $1,000,000 El Paso, a grant to the University of Texas, $1,750,000 Virginia: Alexandria, U.S. Courthouse, $58,202,000 Northern Virginia Naval Systems Commands, $273,000,000 West Virginia: Charleston, Federal Building U.S. Courthouse, $80,407,000 Nonprospectus construction projects, $5,000,000 Provided, That each of the immediately foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum: Provided further. That all funds for direct construction projects shall expire on September 30, 1992 and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further. That claims against the Government of less than $100,000 arising from direct construction projects, acquisitions of buildings and purchase contract projects pursuant to Public Law 92-313, be liquidated with prior notification to the Committees on Appropriations of the House and Senate to the extent savings are effected in other such projects; (2) not to exceed $790,251,800 which shall remain available until expended, for repairs and alterations: Provided further. That funds in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount by project as follows, except each project may be increased by an amount not to exceed 10 per centum unless advance approval is obtained from the Committees on Appropriations of the House and Senate for a greater amount: Repairs and Alterations: California: Sacramento, John E. Moss Federal Building U.S. Courthouse, $10,990,000 San Diego, Federal Building and U.S. Courthouse, $7,836,000 San Francisco, Appraisers Building, $3,958,000 San Francisco, Customhouse, $9,508,000
104 STAT. 1408
Colorado: Lakewood, Denver Federal Center, Building 56, $8,584,000 District of Columbia: Washington, DC Area Elevators, $16,500,000 Hubert H. Humphrey Federal Building, $7,300,000 National Building Museum, Pension Building, $4,500,000 Veterans'Administration Building, $26,000,000 Ceorgia: Richard B. Russell Federal Building and United States Courthouse, $3,544,000 Illinois: Chicago, Customhouse (phase 2), $10,260,000 Chicago, Everett McKinley Dirksen Building (phase 2), $37,700,000 Chicago, Federal Building, 536 S. Clark Street (phase 2), $6,248,000 Indiana: Indianapolis, Federd Building and Courthouse, $3,908,000 Minnesota: Saint Paul, Warren E. Burger Federal Building and United States Courthouse, $7,633,000 New Jersey: Newark, Peter W. Rodino, Jr. Federal Building, $3,755,000 New York: New York, Bowling Green Customhouse (phase 1), $4,727,000 New York, Emanuel Celler Federal Building and U.S. Courthouse, $3,915,000 New York, Jacob K. Javits Federal Buildmg, $13,721,000 Rochester, Kenneth B. Keating Federal Building and U.S. Courthouse, $1,994,000 Oklahoma: Oklahoma City, Post Office and Courthouse, $11,242,000 Pennsylvania: Philadelphia, Customhouse, $20,166,000 Pittsburgh, Post Office and Courthouse, $2,700,000 Tennessee: Nashville, Estes Kefauver Federal Building and U.S. Courthouse Annex, $4,616,000 Texas* Dallas, Federal Building (Terminal Annex), $4,307,000 Maryland: Avondale, Federal Executive Training Center, $10,000,000 Virginia: Arlington, Pentagon, $35,500,000 Portsmouth, Federal Building, $1,700,000 Washington: Seattle, Federal Office Building, $17,932,000 Spokane, Federal Building and Post Office, $5,071,000 Capital Improvements of United States-Mexico Border Facilities, $211,659,800 as follows: Arizona: Naco, New Border Station, $3,497,500
104 STAT. 1409
Nogales, Grand Avenue, Border Station, site and drainage, $3,200,000 Sasabe, New Border Station, $3,185,000 California: Andrade, New Border Station, $6,400,700 Calexico, New Border Station, $41,395,000 Otay Mesa, New Border Station, $14,112,700 San Ysidro, Border Station, $8,000,000 Tecate, New Border Station, $10, 367,500 New Mexico: Santa Teresa, New Border Station, $6,000,000 Sunland Park, New Border Station, planning, $500,000 Brownsville, New Border Station, $17,520,000 Brownsville, Gateway Bridge, Border Station, $3,500,000 Columbia/West Laredo, New Border Station, $12,991,000 Del Rio, Border Station, $13,042,000 El Paso, Bridge of the Americas, Border Station, $5,291,000 Laredo/Juarez-Lincoln Bridge, Border Station, $25,679,400 Los Indios, New Border Station, $7,934,000 Ysleta, New Border Station, $9,044,000 Southwest Border: New Border Stations, $20,000,000 Minor Repairs and Alterations, $272,777,000, including $1,600,000 for Building No. 6, World Trade Center, New York, New York: Provided, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations of the House and Senate: Provided further. That all funds for repairs and alterations prospectus projects shall expire on September 30, 1992, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date; (3) not to exceed $136,579,000 for installment acquisition payments including payments on purchase contracts; (4) not to exceed $1,473,804,000 for rental of space; (5) not to exceed $1,037,200,000 for real property operations; (6) not to exceed $90,781,000 for program direction and centralized services; and (7) not to exceed $247,665,000 for design and construction services of which $5,500,000 shall be available for pa3anent to a public entity in fiscal year 1991 to house the Bureau of Mines, the United States Geological Survey and the National Weather Service in Tucson, Arizona, such location to be designated by the housed agencies and such agencies are to be housed rent free, exclusive of operating expenses, in such location; for design and construction services which shall remain available until expended, including expenses for preliminary design for a 300,000 square foot Government-owned facility for the Center for Disease Control at their campus on Clifton Road in Atlanta, Georgia, such expenses to be reimbursed to GSA by the Center for Disease Control: Provided further. That for the purposes of this authorization, buildings constructed pursuant to the purchase contract authority of the Public Buildings Amendments of 1972 (40 U.S.C. 602a), and buildings under the control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be.
104 STAT. 1410
under the control of the Greneral Services Administration shall be considered to be federally owned buildings: Provided further. That none of the funds available to the General Services Administration with the exception of those of Capital Improvements of United States-Mexico Border Facilities; the Augusta, (Jeorgia, United States Courthouse; the Boston, Massachusetts, Federal Building United States Courthouse; the Carson City, Nevada, Federal Building-Post Office parking facility; the Shreveport, Louisiana, Federal Building and United States Courthouse; the District of Columbia Pension Building, National Building Museum; the KnoxvUle, Tennessee, United States Courthouse-Post Office; the Charleston, West Virginia, Federal Building United States Courthouse; Building No. 6, World Trade Center, New York, New York; and the Tuscon, Arizona, United States (Jeological Survey, National Weather Service, and Bureau of Mines space expansion shall be available for expenses in connection with any construction, repair, alteration, and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses in connection with the development of a proposed prospectus: Provided further. That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations of the House and Senate: Provided further. That amounts necessary to provide reimbursable special services to other agencies under section 210(fX6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(fK6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, is amended, shall be available from such revenues and collections: Provided further. That revenues and collections and any other sums accruing to this Fund during fiscal year 1991 excluding reimbursements under section 210(fX6) of the Federal Property and Admmistrative Services Act of 1949 (40 U.S.C. 490(fK6)) in excess of $5,268,651,800 shsdl remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.
FEDERAL SUPPLY SERVICE

OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for, necessary for property msinagement activities, utilization of excess and disposal of surplus personal property, rehabilitation of personal property, transportation manigement activities, transportation audits by in-house personnel, procurement, and other related supply management activities, including services as authorized by 5 U.S.C. 3109; $53,957,000.
PUBLIC LAW 101-509NOV. 5, 1990 FEDERAL PROPERTY RESOURCES SERVICE

OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS)
104 STAT. 1411
For expenses, not otherwise provided for, necessary for carrying out the functions of the Administrator with respect to utilization of excess real property; the disposal of surplus real property, the utilization survey, deed compliance inspection, appraisal, environmental and cultural analysis, and land use planning functions pertaining to excess and surplus real property, including services as authorized by 5 U.S.C. 3109; $13,386,000, to be derived from proceeds from transfers of excess real property and disposal of surplus real property and related personal property, subject to the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-5).
REAL PROPERTY RELOCATION

For expenses not otherwise provided for, $8,000,000 to remain available until expended, necessary for carrying out the functions of the Administrator with respect to relocation of Federal agencies from property which has been determined by the Administrator to be other than optimally utilized under the provisions of section 210(e) of the Federal Property and Administrative Services Act of 1949, as amended: Provided, That $2,500,000 of this amount shall be made available to pay expenses related to the relocation of the United States Fish and Wildlife Service regional office authorized and directed by Public Law 101-136: Provided further, That such relocations shall only be undertaken when the estimated proceeds from the disposition of the original facilities approximate the appraised fair market value of such new facilities and exceed the estimated costs of relocation. Relocation costs include expenses for and associated with acquisition of sites and facilities, and expenses of moving or repurchasing equipment and personal property. These funds may be used for payments to other Federal entities to accomplish the relocation functions: Provided further, That nothing in this paragraph shall be construed as relieving the Administrator of Greneral Services or the head of any other Federal agency from any obligation or restriction under the Public Buildings Act of 1959 (including any obligation concerning submission and approval of a prospectus), the Federal Property and Administrative Services Act of 1949, as amended, or any other Federal law, or as authorizing the Administrator of General Services or the head of any other Federal agency to take actions inconsistent with statutory obligations or restrictions placed upon the Administrator of General Services or such agency head with respect to authority to acquire or dispose of real property. GENERAL MANAGEMENT AND ADMINISTRATION
For necessary expenses, not otherwise provided, for Policy Direction, Board of (Uontract Appeals, and accounting, records manajgement, and other support services incident to adjudication of Indian Tribal Claims by the United States CJourt of Claims, and services
104 STAT. 1412
authorized by 5 U.S.C. 3109, $35,100,000: Provided, That this appropriation shall be available, for general administrative and staff support services, subject to reimbursement by the applicable organization or agencies pursuant to subsections (a) and O> of t) section 1535 of title 31, United States Code: Provided further. That not to exceed $5,000 shall be available for official reception and representation expenses. INFORMATION RESOURCES MANAGEMENT SERVICE
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for, necessary for carrying out Grovernment-wide and internal responsibilities relating to automated data management, telecommunications, information resources management, and related activities, including services as authorized by 5 U.S.C. 3109; and for the Information Security Oversight Office established pursuant to Executive Order 12356; $39,961,000. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector (Jeneral $30,997,000 of which not to exceed $1,000,000 shall remain available until expended for procurement and installment of an automation program in support of audits and investigations: Provided, That not to exceed $10,000 shall be available for pajnnent for information and detection of fraud against the Government, including pa3mient for recovery of stolen Government property: Provided further. That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector Greneral effectiveness. ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS For carrying out the provisions of the Act o^ August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95-138; $1,964,000: Provided, That the Administrator of Greneral Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of such Acts. Public lands. GENERAL SERVICES ADMINISTRATIONGENERAL PROVISIONS
SECTION 1. The appropriate appropriation or fund available to the General Services Administration shall be credited with the cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Grovemment corporations pursuant to law (40 U.S.C. 129). SEC. 2. Funds available to the Greneral Services Administration shall be available for the hire of passenger motor vehicles. SEC. 3. Not to exceed 1 per centum of funds made available in appropriations for operating expenses and salaries and expenses, during the current fiscal year, may be transferred between such appropriations for mandatory program requirements. Any transfers
104 STAT. 1413
proposed shall be submitted promptly to the Committees on Appropriations of the House and Senate for approval. SEC. 4. Funds in the Federal Buildings Fund made available for fiscal year 1991 for Federal Buildings Fund activities may be trsmsferred between such activities only to the extent necessary to meet program requirements. Any transfers proposed shall be submitted promptly to the Committees on Appropriations of the House and Senate for approval. SEC. 5. Notwithstanding any other provision of law, the Secretary Maryland. of the Interior shall transfer to the (Jeneral Services Administration, without consideration, that parcel of land known as the Avondale site comprising approximately 17.8 acres of land located at 4900 LaSalle Road in the Avondale section of Prince Georges County, Maryland, together with any improvements, structures and fixtures located thereon: Provided, That the Administrator of General Services after consultation with the Office of Personnel Management shall provide for such design and alterations to the structures and fixtures located thereon, as may be required, to prepare the site for use as a training and seminar center: Provided further. That upon completion of such alterations the Administrator of Greneral Services shall make the property available to the Director of the Office of Personnel Management for use as a Federal Executive Training Center (Center) and shall delegate to the Director of the Office of Personnel Msmagement any authority necessary to operate the Center: Provided further. That the Administrator of General Services is authorized and directed to charge the Office of Personnel Management, at the time of the delegation, and for a period of not to exceed five additional years at rates equal to the net revenue generated by operation of the Center in each of such years, and that such rates may be less, but not more than, those rates provided for under section 210(J) of the Federal Property and Administrative Services Act of 1949, as amended: Provided further. That the General Services Administration and the Office of Personnel Management shall negotiate annual rates in subsequent years that will, in the aggregate, including the rates smd operating costs charged in the first five years and the recovery of the costs of the alterations and additions that are in excess of $10,000,000, and that there will be no further charges to the Office of Personnel Management, except for routine operational expenses and costs in anticipation of future repairs subsequent to the recovery of the costs of alteration and additions in excess of $10,000,000: Provided further. That the $6,500,000 previously authorized for Avondale is no longer available for obligation. SEC. 6. Notwithstanding any other provision of law, such property as may be necessary, but not to exceed twenty acres, at the Beltsville Agricultural Research Center located in Beltsville, Maryland, may be provided at fair market value to the General Services Administration for the purpose of constructing a Federal Courthouse and that any amount resulting from the acquisition of the property shall be placed in an escrow account to be available hereafter for use in the renovation and restoration of the Beltsville Agricultural Research Center, to be released as specified in advance in appropriations Acts. SEC. 7. Notwithstanding any other provision of law, the Secretary of the Interior shall transfer to the Greneral Services Administration, without consideration, approximately 14 acres of the United States Greological Survey Western Region Headquarters together
104 STAT. 1414
40 use 490f.
Massachusetts.
Reports.
with any improvements, structures and fixtures located thereon. The General Services Administration shall construct additional facilities for the United States (Jeological Survey on this site. SEC. 8. (a) Notwithstanding any other provision of law, agencies are hereaifter authorized to make rent payments to the General Services Administration for lease space relating to expansion needs of the agency and CJeneral Services Administration is authorized to use such funds, in addition to the amount received as New Obligational Authority in the Rental of Space activity of the Federal Buildings Fund. Such payments are to be at the commercial equivalent rates specified by section 201(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j)) and are to be deposited into the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)). (b) There are hereby appropriated, out of the Federal Buildings Fund, such sums as may be necessary to carry out the purpose of subsection (a). SEC. 9. None of the funds appropriated by this Act may be obligated or expended in any way for the purpose of the sale, excessing, surplusing, or disposal of lands in the vicinity of Norfolk Lake, Arkansas, administered by the Corps of Engineers, Department of the Army, without the specific approval of the Congress. SEC. 10. None of the funds appropriated by this Act may be obligated or expended in any way for the purpose of the sale, excessing, surplusing, or disposal of lands in the vicinity of Bull Shoals Lake, Arkansas, administered by the Corps of Engineers, Department of the Army, without the specific approval of the Congress. SEC. 11. Notwithstanding any other provision of law, the Administrator of General Services is authorized to sell by publicly advertising for bids and on such terms and conditions as the Administrator deems proper, the John W. McCormack Post Office and Courthouse located at One Post Office Square in Boston, Massachusetts. All proceeds from such sale, less direct expenses incurred in the sale, shall be deposited into the fund established under section 21(Kf) of the Federal Property and Administrative Services Act. SEC. 12. Notwithstanding any other provision of law, the Administrator of General Services is authorized and directed to provided not less thm 120,000 square feet of storage space, together with additional space as necessary for office use, to establish a National Long Term Records Center in Pittsfield, Massachusetts for the specialized storage of Federal agency records by the National Archives and Records Administration: Provided, That notwithstanding any other provision of law, the Administrator of General Services is authorized and directed to provide not less than 3,000 square feet of public space in Pittsfield, Massachusetts for a satellite facility of the New England Regional Archives: Provided further, That the Archivist of the United States shall assign adequate personnel to operate the satellite facility established by this section: Provided further. That the Administrator of General Services and the Archivist of the United States shall report on a quarterly basis to the House and Senate Committees on Appropriations on the progress made to implement the directives in this i^tion and the resources necessary to complete the Long Term Records Center and the satellite facility.
104 STAT. 1415
SEC. 13. Notwithstanding the provisions of the Act of September 13, 1982 (Public Law 97-258, 31 U.S.C. 1345), any agency, department or instrumentality of the United States which provides or proposes to provide child care services for Federal employees may reimburse any Federal employee or any person employed to provide such services for travel, transportation and subsistence expenses incurred for training classes, conferences or other meetings in connection with the provision of such services: Provided, That any per diem allowance made pursuant to this section shall not exceed the rate specified in regulations prescribed pursuant to section 5707 of title 5, United States Code. SEC. 14. The Administrator of (Jeneral Services is directed to coordinate its requirements for office and other space to house Government activities by utilizing assets of the Resolution Trust Corporation and its receivers and conservators. SEC. 15. Notwithstanding any other provision of law, the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)), is authorized to receive any revenues, collections, or other income received during fiscal year 1991 in the form of rebates, cash incentives or otherwise, related to energy savings, all of which shall remain in the Fund until expended, and remsdn available for Federal energy management improvement programs as may be authorized by law or as may be deemed appropriate by the Administrator of General Services. The (Jeneral Services Administration is authorized to use such funds, in addition to amounts received as New Obligational Authority, in such activity or activities of the Fund as may be necessary; Provided, That the General Services Administration shall provide the House and Senate Committees on Appropriations with a plan to ensure a balanced and equitable approach for the relocation of Federal agencies in the Washington, D.C. metropolitan area by March 31,1991. SEC. 16. Notwithstanding any other provision of law, the General Services Administration is hereby authorized to sell, at competitive bid, the Federal Building located at 500 Quarrier Street in Charleston, West Virginia, and to deposit such proceeds into the Federal Buildings Fund. SEC. 17. (a) Notwithstanding any other provision of law, the Administrator of General Services is authorized to sell on such terms and conditions as the Administrator deems proper, the Federal Building and United States Courthouse located at 110 South Fourth Street in Minneapolis, Minnesota. All proceeds from such sale, less direct expenses, shall be deposited into the fund established under section 210(f) of the Federal Property and Administrative Services Act, and the General Services Administration is authorized to use such funds, in addition to amounts received as New Obligational Authority in the Construction and Acquisition of Facilities activity of the Federal Buildings Fund for the construction of a new Federal Building and United States Courthouse in Minneapolis, Minnesota. (b) In addition, the General Services Administration is hereby authorized to accept donations from the City of Minneapolis, Minnesota and to deposit such donations into the fund established under section 210(f) of the Federal Property and Administrative Services Act, and the General Services Administration is authorized to use such funds, in addition to the amount received as New Obligational Authority in the Construction and Acquisition of Facilities activity
West Virginia.
Minnesota.
104 STAT. 1416
PUBLIC LAW 101-509--NOV. 5, 1990
New York.
of the Federal Buildings Fund for the construction of a new Federal Building and United States Courthouse in Minneapolis, Minnesota. (c) There are hereby appropriated, out of the Federal Buildings Fund, such sums as may be necessary for carrying out the purposes of subsections (a) and G)). SEC. 18. The Administrator of General Services shall issue a request for proposals for the procurement of move management services within thirty days sifter enactment of this Act. SEC. 19. The General Services Administration is authorized to utilize and lease space in the Harlem International Trade Center located at 125th Street in the county of New York, New York, for future Federal long-term office space needs in the Metropolitan New York City area up to 200,000 square feet pursuant to the availability of Federal tenants. The lease rate for such office space shall not exceed comparable rates for equivalent space in the surrounding area or comparable rates in the Harlem International Trade Center. SEC. 20. Notwithstanding any other provision of law, the Greneral Services Administration is directed to maintain during the fiscal year ending September 30, 1991, the vehicle rental rates and per mile rates charged to schools and dormitories funded by the Bureau of Indian Affairs that were in effect on June 30, 1990, except for subsequent per mile rate adjustments related to fuel cost increases. SEC. 21. Notwithstanding any other provision of this Act, the amount available in the Federal Buildings Fund for program direction and centralized services shall not exceed $122,474,000. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with National Archives and Records Administration and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the hire of passenger motor vehicles, $138,219,000, of which $5,250,000 for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, as amended, shall remain available until expended and of which $8,000,000 shall remain available until expended for renovations and improvements to the John F. Kennedy Library. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
GENERAL PROVISION
44 use 2102 ^^-
SECTION 1. (aXD The position of Director of the Center for Legislative Archives within the National Archives and Records Administration shall be established without regard to chapter 51 title 5. Effective on the first day of the first applicable pay period beginning on or aftr the date of the enactment of this Act, the basic rate of pay for such position shall be the minimum rate of pay grade GS-16 of the General Schedule under section 5332 of title 5, United States Code. (2) There is established within the Center for Legislative Archives within the Nationsd Archives and Records Administration the position of Specialist in Congressional History.
104 STAT. 1417
(b) There shall be made available from funds appropriated in each 44 USC 2102 fiscal year to the National Archives and Records Administration, note. $20,000 for the administrative expenses of the Advisory Committee on the Records of Congress established under section 2701 of title 44, United States Code. (c) There are authorized to be appropriated such sums as may be 44 USC 2102 necessary to carry out the purposes of subsections (a) and 0)) of this ^^section. (dXD Title 44, United States Code, is amended by inserting after chapter 25, the following new chapter:
"CHAPTER 27ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS

"Sec. "2701. "2702. "2703. "2704. "2705. "2706. Advisory Committee on the Records of Congress. Membership; chairman; meetings. Functions of the Committee. Powers of the Committee. Compensation and travel expenses. Administrative provisions.
" 2701. Advisory Committee on the Records of Congress. Establishment. "(a) There is established the Advisory Committee on the Records of Congress (hereafter in this chapter referred to as the Committee). "(b) The Committee shall be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), except that the Committee shall be of permanent duration, notwithstanding any provision of section 14 of the Federal Advisory Committee Act. " 2702. Membership; chairman; meetings. "(a)(1) The Committee shall consist of the eleven members including "(A)(i) the Secretary of the Senate; "(ii) the Clerk of the House of Representatives; "(iii) the Archivist of the United States; "(iv) the Historian of the Senate; and "(v) the Historian of the House of Representatives; and "(B) six members of whom one shall be appointed by each of the following: "(i) the Speaker of the House of Representatives; "(ii) the Minority Leader of the House of Representatives; "(iii) the Majority Leader of the Senate; "(iv) the Minority Leader of the Senate; "(v) the Secretary of the Senate; and "(vi) the Clerk of the House of Representatives. "(2) Each member appointed under paragraph (1)(B) shall have knowledge or expertise in United States history, archival management, publishing, library science, or use of legislative records. "(b) The Secretary of the Senate shall serve is Chairman during the two-year period beginning on Jgmuary 1, 1991, and the Clerk of the House of Representatives shall serve as Chairman during the two-year period beginning on January 1, 1993. Thereafter, such members shall alternate serving as Chairman for a term of two years. "(cXD Members of the Committee referred to in subsection (aXlXA) shall serve only while holding such offices. Members appointed to the Committee under subsection (a)(lXB) shall serve for a
39-194 O - 91 - 3 : QL 3 Part 3
104 STAT. 1418
term of two years, and may be reappointed without limitation. The initial appointments for such terms shall begin on January 1, 1991. "(2) Any vacancy on the Committee shall not affect the powers of the Committee. Any vacancy in an appointed position on the Committee shall be filled in the same manner in which the original apjpointment was made. '(dXD No later than thirty days after the date on which the first session of the 102d Congress begins, the Committee shall hold its first meeting. Thereafter, the Committee shall meet semiannually or at the call of a majority of its members. "(2) Seven members of the Committee shall constitute a quorum, but a lesser number may hold hearings. Reports. Archives and records. " 2703. Functions of the Committee "The Committee shall "(1) review the management and preservation of the records ofCongress; "(2) report to and advise the Congress and the Archivist of the United States on such management and preservation; and "(3XA) no later than December 31, 1991, conduct a study and submit a report to the Congress on "(i) the effect any transfer of records of the National Archives and Records Administration from facilities located in Washington, D.C., to any location outside of Washington, D.C., shall have on the management and preservation of the records of Congress; and "(ii) the five year plan for the management and preservation of the records of Congress; and "(B) no later than December 31, 1995, conduct a study to update the report submitted under subparagraph (AXii), and submit a report to the Congress. " 2704. Powers of the Committee "(a) For purposes of carrying out the duties referred to under section 2703, the Committee or, on the authorization of the Committee, any subcommittee or member thereof, may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as is appropriate. "O3) The Committee may secure directly from any department or agency of the United States such information as the Committee may require to carry out the duties referred to under section 2703. Upon request of the Chairman of the Committee, the head of such department or agency shall furnish such information to the Committee. " 2705. Compensation and travel expenses "A member of the Committee may not be paid compensation for service performed as a member of the Committee. However, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States C ^ e , while away from their homes or regular places of business in the performance of service for the Committee. " 2706. Administrative provisions "(a) Upon request of the Committee, the head of any Federal agency is authorized to detail to the Committee, on a nonreimbursable basis, any of the personnel of such agency to assist
104 STAT. 1419
the Committee in carrying out the duties referred to under section 2703 and such detail shall be without interruption or loss of civil service status or privilege. "(b) For purposes of supporting the Committee, the Archivist may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-16 of the General Schedule under section 5332 of such title.". (2) The table of chapters for title 44, United States Code, is amended by insering after the item relating to chapter 25 of such title the following:
"27. Advisory Committee on the Records of Congress 2701".
OFFICE OF GOVERNMENT ETHICS

For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, as amended by Public Law 100-598, and the Ethics Reform Act of 1989, Public Law 101-194, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses: $3,725,000. OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES (INCLUDING T R A N S F E R OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, medical examinations performed for veterans by private physicians on a fee basis, rented of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, not to exceed $2,500 for official reception and representation expenses, and advances for reimbursements to applicable funds of the Office of Personnel Msmagement and the Federal Bureau of Investigation for expenses incurred under Executive Order 10422 of January 9, 1953, as amended: Provided, That, notwithstanding 31 U.S.C. 3302, the Director is hereby authorized to accept gifts for goods and services, which shall be available only for hosting National Civil Service Appreciation Conferences, to be held in several locations throughout the United States in 1991. Goods and services provided in connection with the conference may include, but are not limited to, food and refreshments; rental of seminar rooms, banquet rooms, and facilities; and use of communications, printing and other equipment. Awards of minimal intrinsic value will be allowed. Gifts provided by an individual donor shall not exceed 50 percent of the total value of the gifts provided at each location; $114,461,000, of which up to $250,000 shall be made available to continue the use of job sharing arrangements in agencies as authorized in section 3402 of title 5, United States Code, and of which not less than $400,000 nor more than $1,000,000 shall be made
104 STAT. 1420
available for the establishment of Federal health promotion and disease prevention programs for Federal employees; and in addition $74,379,000 for administrative expenses, to be transferred from the appropriate trust funds of the Office of Personnel Management in the amounts determined by the Office of Personnel Management without regard to other statutes, including direct procurement of health benefits printing, for the retirement and insurance programs: Provided furtfier. That amounts authorized to be transferred from the appropriate trust funds for implementation of the Federal Employees' Retirement System automated recordkeeping system in this or prior Acts, may be transferred at any time the Office of Personnel Management deems appropriate: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds is provided by section 8348(aXlXB) of title 5, U.S.C: Provided further. That no purt of this appropriation shall be available for salaries and expenses of the Legsd Examining Unit of the Office of Personnel Management established pursuant to Executive Order 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President's Commission on White House Fellows, established by Executive Order 11183 of October 3, 1964, may, during the fiscal year ending September 30, 1991, accept donations of money, property, and personal services in connection with the development of a publicity brochure to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in carrjdng out the provisions of the Inspector General Act, as a m e n d ^ , including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles: $4,607,000; and in addition, not to exceed $3,043,000 for administrative expenses to audit the Office of Personnel Management's insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector Greneral.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, $3,509,563,000, to remain available until expended.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE
For pajnnent of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 of
104 STAT. 1421
title 5, United States Code, $8,700,000, to remain available until expended.

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABIUTY FUND
For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, $5,687,105,000: Provided, That annuities authorized by the Act of 33 USC 776. May 29, 1944, as amended and the Act of August 19, 1950, as amended (33 U.S.C. 771-75), may hereafter be paid out of the Civil Service Retirement and Disability Fund.
REVOLVING FUND
Pursuant to section 4109(dXl) of title 5, United States Code, costs for entertainment expenses of the President's Commission on Executive Exchange shall not exceed $12,000.
OFFICE OF PERSONNEL MANAGEMENT GENERAL PROVISION SECTION 1. Section 8902(kXl) of title 5, United States Code, is amended (1) by striking out "performed by a clinical psychologist or optometrist" and inserting in lieu thereof "performed by a clinical psychologist, optometrist, nurse midwife, or nurse practitioner/clinical specialist"; and (2) by striking out qualified clinical social worker or optometrist" and inserting in lieu thereof "qualified clinical social worker, optometrist, nurse midwife, or nurse practitioner/nurse clinical specialist".
MERIT SYSTEMS PROTECTION BOARD

For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and direct procurement of survey printing, $22,564,000, together with not to exceed $1,500,000 for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. OFFICE OF SPECIAL COUNSEL
For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of
104 STAT. 1422
1978, the Civil Service Reform Act of 1978 (Public Law 95-454), and the Whistleblower Protection Act of 1989 (Public Law 101-12), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $6,608,000. FEDERAL LABOR RELATIONS AUTHORITY
For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, including hire of experts and consultants, hire of passenger motor vehicles, rental of conference rooms in the District of Columbia and elsewhere; $18,443,000: Provided, That public members of the Federal Services Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109. UNITED STATES TAX COURT
26 use 7443 **-
For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109; $31,598,000: Provided, That travel expenses of the judges shall be paid upon the written certificate of the judge. This title may be cited as the "Independent Agencies Appropriations Act, 1991". TITLE VGENERAL PROVISIONS
THIS ACT SECTION 501. Where appropriations in this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amount set forth therefor in the budget estimates submitted for the appropriations without the advance approval of the House and Senate Committees on Appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Department of Veterans Affairs; to travel of the Office of Personnel Management in carrying out its observation responsibilities of the Voting Rights Act; or to pajnnents to interagency motor pools where separately set forth in the budget schedules. SEC. 502. No part of any appropriation contained in this Act shall be available to pay the salary of any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from
104 STAT. 1423
hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto. SEC. 503. No part of any appropriation made available in this Act shall be used for the purchase or sale of real estate or for the purpose of establishing new offices inside or outside the District of Columbia: Provided, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor. SEC. 504. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 505. The expenditure of any appropriation under this Act for Government any consulting service through procurement contract, pursuant to 5 Procurement. U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 506. No part of any appropriation contained in this Act shall be available for the procurement of, or for the pa5mient of, the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possessions except to the extent that the Administrator of Genersd Services or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions, or except in accordance with procedures prescribed by section 6104.403) of Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970: Provided, That a factor of 75 per centum in lieu of 50 per centum shall be used for evaluating foreign source end products against a domestic source end product. This section shall be applicable to all solicitations for bids opened after its enactment. SEC. 507. None of the funds made available to the General Serv- 40 USC 490c. ices Administration pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949 shall be obligated or expended after the date of enactment of this Act for the procurement by contract of any service which, before such date, was performed by individuals in their capacity as employees of the (Jeneral Services Administration in any position of guards, elevator operators, messengers, and custodians, except that such funds may be obligated or expended for the procurement by contract of the covered services with sheltered workshops emplojdng the severely handicapped under Public Law 92-28. SEC. 508. No funds appropriated in this Act shall be available for administrative expenses in connection with implementing or enforcing any provisions of the rule TD ATF-66 issued June 13, 1980, by the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms on labeling and advertising of wine, distilled spirits and malt beverages, except if the expenditure of such funds, is necessary to comply with a final order of the Federal court system. SEC. 509. None of the funds appropriated in this Act may be used for administrative expenses to close the Federal Information Center
104 STAT. 1424
Abortion.
of the Greneral Services Administration located in Sacramento, California. SEC. 510. None of the funds made available by this Act for the Department of the Treasury may be used for the purpose of eliminating any existing requirement for sureties on customs bonds. SEC. 511. None of the funds made available by this Act shall be available for any activity or for pajdng the salary of any Government employee where funding an activity or paying a salary to a Grovemment employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the 1930 Tariff Act. SEC. 512. None of the funds made available by this Act shall be available for the purpose of transferring control over the Federal Law Enforcement Training Center located at Glynco, Georgia, Marana, Arizona, and Artesia, New Mexico, out of the Treasury Department. SEC. 513. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. SEC. 514. No part of any appropriation contained in this Act shall be available for the pajonent of the salary of any officer or employee of the United States Postal Service, who (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any emplojonent right, entitlement, or benefit, or any term or condition of employment of, any officer or employee of the United States Postal Service, or attempts or threatens to commit any of the foregoing actions with respect to such officer or employee, by reason of any communication or contact of such officer or employee with any Member or committee of Congress as described in paragraph (1) of this subsection. SEC. 515. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefit program which provides any benefits or coverage for abortions. SEC. 516. The provision of section 515 shall not apply where the life of the mother would be endangered if the fetus were carried to term. SEC. 517. None of the funds appropriated by this Act may be used to solicit bids, lease space, or enter into any contract to close or consolidate executive seminar centers for the Office of Personnel Management. SEC. 518. The Administrator of General Services, under section 210(h) of the Federal Property and Administrative Services Act of 1949, as amended, may acquire, by means of a lease of up to thirty
104 STAT. 1425
years duration, space for the United States Courts in Tacoma, Washington, at the site of Union Station, Tacoma, Washington. SEC. 519. Funds under this Act shall be available as authorized by sections 4501-4506 of title 5, United States Code, when the achievement involved is certified, or when an award for such achievement is otherwise payable, in accordeince with such sections. Such funds may not be used for any purpose with respect to which the preceding sentence relates beyond fiscal year 1991. SEC. 520. (a) Notwithstanding any other provision of law, during fiscal year 1991, the authority to establish higher rates of pay under section 5303 of title 5, United States Code, may (1) in addition to positions paid under any of the pay systems referred to in subsection (a) of section 5303 of title 5, United States Code, be exercised with respect to positions paid under any other pay system established by or under Federal statute for positions within the executive branch of the Government; and (2) in addition to the circumstance described in the first sentence of subsection (a) of section 5303 of title 5, United States Code, be exercised based on (A) pay rates for the positions involved being generally less than the rates payable for similar positions held (i) by individuEils outside the Government; or (ii) by other individuals within the executive branch of the Government; (B) the remoteness of the area or location involved; (C) the undesirability of the working conditions or the nature of the work involved, including exposure to toxic substances or other occupational hazards; or (D) any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of section 5303(a) of title 5, United States Code, for purposes of this subparagraph) may identify. Nothing in paragraph (2) shall be considered to permit the exercise of any authority based on any of the circumstances under such paragraph without an appropriate finding that such circumstances are significantly handicapping the Government's recruitment or retention efforts. (bXD A rate of pay established during fiscal year 1991 through the Wages, exercise of any additional authority under subsection (a) of section 5303 of title 5, United States Code (A) shall be subject to revision or adjustment, (B) shall be subject to reduction or termination (including pay retention), and (C) shall otherwise be treated, in the manner as generally applies with respect to my rate otherwise established under section 5303 of title 5, United States Code. (2) The President (or an agency duly authorized or designated by the President in accordance with the last sentence of section 5303(a) of title 5, United States Code, for purposes of this subsection) may prescribe any regulations necessary to carry out this subsection. (c) Any additional authority under this section may, during fiscal year 1991, be exercised only to the extent that amounts otherwise appropriated under this Act for purposes of section 5303 of title 5, United States Code, are available.
104 STAT. 1426
Reports.
SEC. 521. None of the funds appropriated or otherwise made available to the Department of the Treasury by this or any other Act shall be obligated or expended to contract out positions in, or downgrade the position classifications of, members of the United States Mint Police Force and the Bureau of Engraving eind Printing Police Force, or for stud3dng the feasibility of contracting out such positions. SEC. 522. The Office of Personnel Management may, during the fiscal year ending September 30, 1991, accept donations of supplies and equipment for the Federal Executive Institute for the enhancement of the morale and educational experience of attendees at the Institute. SEC. 523. No part of any appropriation contained in this Act shall be available for the procurement of, or for the pajnnent of, the salary of iny person engaged in the procurement of stainless steel flatware not produced in the United States or its possessions, except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of stainless steel flatware produced in the United States or its possessions, cannot be procured as and when needed from sources in the United States or its possessions or except in accordance with procedures provided by section 6-104.4(b) of Armed Services Procurement Regulations, dated January 1, 1969. This section shall be applicable to all solicitations for bids issued after its enactment. SEC. 524. (1) The Secretary of the Treasury shall issue, no later than one hundred and eighty days after the enactment of this Act, to the House Committee on Appropriations and the Senate Committee on Appropriations a report making recommendations on appropriate measures to reduce the Federal expenditures incurred when former Presidents and spouses of former Presidents travel for the purpose of speaking or meiking an appearance for a payment of money or any thing of value, in excess of any actual and necessary travel expenses. (2) The Secretary of the Treasury, in consultation with the advisory committee established by Public Law 90-331, shall consider among other expenses, administrative expenses and expenses associated with Secret Service protection, and shall determine what methods of reimbursement would be feasible to offset expenditures by the Federal Government that are sissociated with such speeches or appearances by former Presidents or spouses of former Presidents. SEC. 525. The United States Secret Service may, during the fiscal year ending September 30,1991, accept donations of money to off-set costs incurred while protecting former Presidents and spouses of former Presidents when the former President or spouse travels for the purpose of making an appearance or speech for a pa5nnent of money or any thing of value. SEC. 526. None of the funds made available by this Act may be used to withdraw the designation of the Virginia Inland Port at Front Royal, Virginia, as a United States Customs Service port of entry. SEC. 527. None of the funds made available to the Postal Service by this Act shall be used to transfer mail processing capabilities from the Las Cruces, New Mexico postal facility, and that every effort will be made by the Postal Service to recognize the rapid rate of population growth in Las Cruces and to automate the Las Cruces, New Mexico postal facility in order that msiil processing cian be expedited and handled in Las Cruces.
104 STAT. 1427
SEC. 528. (a) NotwithstEinding any other law and in any fiscal 28 u s e 509 note. year (1) The Attorney (Jeneral shall accept, and Federal depart- Government ments and agencies, including the United States Secret Service, employees. the Internal Revenue Service, the Resolution Trust Corporation, and the appropriate Federal banking agency, may provide, without reimbursement, the services of attorneys, law enforcement personnel, and other employees of any other departments or agencies of the Federal Government to assist the Department of Justice, subject to the supervision of the Attorney General, in the investigation and prosecution of fraud or other criminal or unlawful activity in or against any federally insured fbiancial institution or the Resolution Trust Corporation; (2) any attorney of a department or agency whose services are accepted pursuant to paragraph (1) may, subject to the supervision of the Attorney Greneral, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrates, and perform any other investigative or prosecutorial function, which United States attorneys are authorized by law to conduct or perform whether or not the attorney is a resident of the district in which the proceeding is brought; and (3) law enforcement personnel of the United States Secret Service are authorized, subject to the supervision of the Attorney General, to conduct or perform any kind of investigation, civil or criminal, related to fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, which the Department of Justice law enforcement personnel are authorized by law to conduct or perform: Provided, That the Secret Service shall not initiate investigations pursuant to this section independent of the supervision of the Attorney Greneral. Qy) This section (1) shall not, except as expressly provided herein, alter the authority of any Federsil law enforcement agency; and (2) shall expire with the authority of the Resolution Trust Corporation or its successor. (c) This section applies notwithstanding any other provision of law enacted by the 101st Congress after October 15, 1990, that by its terms would grant authority to, or otherwise affect the authority of, the Secret Service or other departments or agencies of the Federal Government to conduct or to assist the Department of Justice in conducting investigations or prosecutions of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, and any other such provision shall not be effective in granting or otherwise affecting any such authority.
SEC. 529. FEDERAL EMPLOYEES PAY COMPARABILITY ACT OF 1990. SECTION 1. SHORT TITLE; RULES OF CONSTRUCTION. Federal Employees Pay Comparability Act of 1990. 5 u s e 5301 note.
(a) SHORT TITLE.This section, and the sections immediately following this section through section 412, inclusive, may be cited as the "Federal Employees Pay Comparability Act of 1990" (hereinafter in this section referred to as "FEPCA"). Oi) RULES OF CONSTRUCTION.(1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this
104 STAT. 1428
section) to "this Act" (or to any title, section, or other designated provision of "this Act") shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA). (2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to "this Act" (or to any title, section, or other designated provision of "this Act"), and any reference made in any provision of law outside of this Act to the "Treasury, Postal Service and (Jeneral (Government Appropriations Act, 1991" (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:

TABLE OF CONTENTS Sec. 1. Short title; rules of construction. Sec. 2. Table of contents. TITLE IAMENDMENTS RELATING TO BASIC PAY Sec. 101. Annual adjustments to statutory pay rates; locality-based comparability adjustments; other matters. Sec. 102. Pay for positions above GS-15 and certfdn other positions. Sec. 103. Pay for critical positions. Sec. 104. Aihninistrative law judges and contract appeals board members. Sec. 105. Specicd occupational pay systems. Sec. 106. Elimination of GS-11 threshold for new appointees to be paid above minimum rates. Sec. 107. AdvEuices of pay. Sec. 108. Reemployment of retirees. Sec. 109. New pay structure for the police forces of the Bureau of Engraving and Printing and the United States Mint. Sec. 110. Compensation of standing trustees appointed under titles 11 and 28, United States Code. Sec. 111. Pay-for-performance labor-management committee. Sec. 112. Position titles in certain departments. Sec. 113. Director of the Census Bureau. TITLE IIAMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS 201. Time off from duty as an incentive award. 202. Uniform allowances. 203. Differential for physical hardship or hazard. 204. Exception from limitation on premium pay. 205. Hedth care positions. 206. Travel and transportation expenses for candidates and new appointees. 207. Performance-based cash awards. 208. Recruitment, relocation, and retention payments. 209. Staffing differentials. 210. Premium pay Eunendments. 211. Supervisory differentials. 301. 302. 303. 304. 305. 306. 401. 402. 403. 404. 405. TITLE IIIMISCELLANEOUS PROVISIONS Budget Act compliance. Interim geographic adjustments. Pay rates for current employees. Senior Biomedical Research Service. Effective date. Additional rule of construction. TITLE IVFEDERAL LAW ENFORCEMENT PAY REFORM Short title. Definition. Special rates for law enforcement officers. Special pay adjustments for law enforcement officers in selected cities. Same benefits for other law enforcement officers.
Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. 406. 407. 408. 409. 410. 411. 412. FBI New York Field Division. Relocation payments. Incentive bonus for foreign language capabilities. Age for mandatory retirement. Overtime rates. Other premium pay. Reporting requirement.
104 STAT. 1429
TITLE IAMENDMENTS RELATING TO BASIC PAY

SEC. 101. ANNUAL ADJUSTMENTS TO STATUTORY PAY RATES; LOCALITYBASED COMPARABILITY PAYMENTS; OTHER MATTERS.
(a) GENERAIXY.(1) Subchapter I of chapter 53 of title 5, United States Code, is amended to read as follows: "SUBCHAPTER IPAY COMPARABILITY SYSTEM " 5301. Policy "It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that "(1) there be equal pay for substantially equal work within each local pay area; "(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions; "(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and "(4) any existing pay disparities between Federal and nonFederal employees should be completely eliminated. " 5302. Definitions "For the purpose of this subchapter "(1) the term 'statutory pay system' means a pay system under "(A) subchapter III, relating to the General Schedule; "(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or (C) chapter 73 of title 38, relating to the Veterans Health Services and Research Administration; "(2) the term 'ECI' means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; "(3) the 'base quarter' for any year is the 3-month period ending on September 30 of such year; "(4) the term 'pay agent' means the agent designated by the President under section 5304(dXl); "(5) the term 'locality' or 'pay locality' means any locality, as established or modi:Qed under section 5304; "(6) the term 'pay disparity', as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to
104 STAT. 1430
PUBLIC LAW 101-509NOV. 5, 1990 non-Federal workers for the same levels of work in the same locality; "(7) the term 'comparability pa3maent' means a pajmaent payable under section 5304; "(8) the term 'rates of pay under the General Schedule', 'rates of pay for the Greneral Schedule', or 'scheduled rates of basic pay' means "(A) the rates of basic pay set forth in the General Schedule; and "(B) in the case of an employee covered by the performEince management and recognition system, the rates of basic pay under chapter 54; and "(9) the term 'General Schedule position' means any position to which subchapter III applies (including any position under the performance management and recognition system).
President.
Federal Register, publication.
" 5303. Annual adjustments to pay schedules "(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be incresised by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). "(bXD If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall "(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and "(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day is the increase under subsection (a) would otherwise take effect. "(2) In evsduating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the CJonsumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal CJonsumption Expenditures. "(3) The President shall include in the report to Congress under paragraph (IXA) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government's ability to recruit and retain well-qualified employees. "(c) The rates of basic pay that take effect under this section "(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and "(2) shall be printed in the Federal Register and the Code of Federal Regulations.
104 STAT. 1431
"(d) An increase in rates of basic pay that takes effect under this section is not an equivEilent increase in pay within the meaning of section 5335. "(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action. "(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability pa3mient payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. "(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate. " 5304. Locality-based comparability payments "(a) Pay disparities shall be identified and reduced as follows: "(1) Comparability pajnnents shall be payable within each locality determined to have a pay disparity greater than 5 percent. "(2XA) The localities having pay disparities, and the size of those disparities, shall, for purposes of emy comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (dXl) for purposes of such calendar year. "(B) Any computation necessary to determine the size of the comparability pajrment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability pajmient is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. "(3) Subject to paragraphs (4) and (5), the amount of the comparability pajonents payable under this subsection in a calendar year within any locality in which a comparative payment is payable shall be computed using such percentage as the President determines for such locality under subsection (dX2), except that "(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than Vs of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than ^10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than % of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than Vz of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less
104 STAT. 1432
than % of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than Vio of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than Vs of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than %o of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent; "(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality's pay disparity completely. "(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining pavable). '(c)(1) The amount of the comparability payment payable within any particular locality during a calendar year "(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and "(B) shall, for any employee entitled to receive a comparability pajnnent, be computed by appl3dng that percentage to such employee's scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g). "(2) A comparability payment "(A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and (B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section. "(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303. "(4)(A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability pajonents under this section.
104 STAT. 1433
"(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(lXA), be included within a pay locality. "(d) In order to carry out this section, the President shall President. "(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 18 months before the start of the calendar year for purposes of which it is prepared), a report that ' (A) compares the rates of pay under the General Schedule with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate annual surveys that shall be conducted by the Bureau of Labor Statistics; "(B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability pa5naients payable); "(C) makes recommendations for appropriate comparability pajnnents, in conformance with applicable requirements of this section; and "(D) includes the views and recommendations submitted under subsection (e); "(2) after considering the report of his agent (including the views and recommendations referred to iii subsection (eX2XC), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and "(3) transmit to Congress a report of the actions taken under Reports, pareigraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C)) which shall "(A) identify each pay locsdity; "(B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent's most recent report under paragraph (1) (before and after taking into consideration any comparability pa5mients payable); and "(C) indicate the size of the respective comparability pa5anents (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year. "(eXD The President shall establish a Federal Salary Council of 9 President. members, of whom "(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and "(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more thein 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.
104 STAT. 1434
Regulations.
Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council. "(2) The pay agent shall "(A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding "(i) the establishment or modification of pay localities; "(ii) the coverage of the annual survey conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries, to be surveyed, and how pay localities are to be surveyed); "(iii) the process of comparing the rates of pay payable under the Greneral Schedule with rates of pay for the same levels of work performed by non-Federal workers; and "(iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section; "(B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)-(iv); and "(C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council. "(fKD The pay agent may provide for such pay localities as the pay agent considers appropriate, except that "(A) each Greneral Schedule position (excluding any outside the continental United States, as defined in section 5701(6)) shall be included with a pay locality; and "(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers. "(2XA) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (aX2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section. "(B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A). "(gXl) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. "(2) For positions under subparagraphs (A)-(E) of subsection (hXD, the applicable maximum under this subsection shall be level III of the Executive Schedule.
104 STAT. 1435
"(hXl) For the purpose of this subsection, the term 'position' means "(A) a position to which section 5376 applies (relating to certain senior-level positions); "(B) a Senior Executive Service position under section 3132; "(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151; "(D) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); "(E) a position to which section 5372a applies (relating to contract appeals board members); and "(F) a position within an Executive agency not covered under any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) less than the rate payable for level V of the Executive Schedule; but does not include "(i) a position to which subchapter IV applies (relating to prevailing rate systems); or "(ii) a position is to which a rate of pay is authorized under section 5377 (relating to critical positions). "(2)(A) Notwithstanding subsection (cX4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability pa)mients. "(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover "(i) with respect to the positions under subparagraphs (A) through (E) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i) or (ii) of such paragraph); and "(ii) with respect to positions under paragraph (IXF), such positions is may be considered appropriate (excluding any under clause (i) or (ii) of pareigraph (1)). "(3) Comparability pajnnents under this subsection "(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality; "(B) shall be payable, within the locality involved, for the entirety of each calendar year for which authority is granted by the President; "(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to (Jeneral Schedule positions within the same locality; and "(D) shall be subject to the applicable limitation under subsection (g). "(i) The Office of Personnel Mangigement may prescribe regulations, consistent with the provisions of this section, governing the pajmient of comparability pajrments to employees.
104 STAT. 1436
President.
Reports.
" 5304a. Authority to fix an alternative level of comparability payments "(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability pajrments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall "(1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of pa5anents which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and "(2) implement the alternative level of pajmients beginning on the same date as would otherwise apply, for the year involved, under section 5304. "(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section. " 5305. Special pay authority "(a) Whenever the President finds that the Grovemment's recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped, due to any of the circumstances described in subsection (b), he may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of basic pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum pay rate prescribed by statute for the grade or level by more than 30 percent, and no rate may be established under this section (disregarding any amount payable under subsection (g)) in excess of the rate of basic pay payable for level V of the Executive Schedule. The President may authorize the exercise of the authority conferred on him by this section by the Office of Personnel Management or, in the case of individuals not subject to the provisions of this title governing appointment in the competitive service, by such other agency as he may designate. "(b) The circumstances referred to in subsection (a) are "(1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved; "(2) the remoteness of the area or location involved; "(3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or "(4) any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate.
104 STAT. 1437
"(c) Authority under subsection (a) may be exercised with respect to positions paid under "(1) a statutory pay system; or "(2) any other pay system estabUshed by or under Federal statute for civilian positions within the executive branch. "(d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the President or by such agency as he may designate. The actions and revisions have the force and effect of statute. "(e) An increase in a rate of basic pay established under this section is not in equivalent increase in pay within the meaning of section 5335. "(f) The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate. "(gXl) The benefit of any comparability pa}rments under section 5304 shall be available to individuals receiving rates of basic pay established under this section to such extent as the President (or his designated agency) considers appropriate, subject to paragraph (2) and subsection (h). "(2) Pajrments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. "(h) The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability pa3anents under section 5304 into account) if this section had never been enacted. " 5306. Pay fixed by administrative action "(a) Notwithstanding sections 1341, 1342, and 1349-1351 and subchapter II of chapter 15 of title 31 "(1) the rates of pay of "(A) employees in the legislative, executive, and judicial branches of the (lovemment of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter; "(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b-3 of title 40, and the Superintendent of Garages, House office buildings; and "(C) persons employed by the county committees established under section 590h(b) of title 16; and "(2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary
104 STAT. 1438
allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1); may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate "(i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay; '(ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or "(iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303. "OJ) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate. "(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. "(d) This section does not impair any authority under which rates of pay may be fixed by administrative action. "(e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. " 5307. Limitation on certain payments "(a) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such pa3anent would cause to the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. "(bXl) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year. "(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of app5dng the limitations under subsection (a) with respect to such calendar year. "(3) Paragraph (1) shall not apply to an amount if, or to the extent that, it is attributable to a payment the authority for which would derive from section 4505a(d), 5753(0), or 5754(e).
104 STAT. 1439
"(c) The Office of Personnel Management shall prescribe such Regulations. regulations as may be necessary to carry out this section, including regulations (consistent with section 5582) concerning how a lumpsum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.". (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the matter relating to subchapter I and inserting the following new matter: "SUBCHAPTER IPAY COMPARABILITY SYSTEM
"Sec. "5301. Policy. "5302. Definitions. "5303. Annual adjustments to pay schedules. "5304. Locality-based comparability pajonents. "5304a. Authority to fix an alternative level of comparability pajmients. "5305. Special pay authority. "5306. Pay fixed by administrative action. "5307. Limitation on certain pajmients.".
(b) TECHNICAL AND CONFORMING AMENDMENTS.(1) Section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963) is amended bv striking "subchapter I of chapter 53" and inserting "section 5303 . (2XA) Section 256(gX2XA) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(gX2XA)) is amended by striking "5301(c)" and inserting "5302(1)". (B) Section 732(bX6) of title 31, United States Code, is amended by striking "5301(a)" and inserting "5301". (3XA) Section 332603X2) of title 5, United States Code, is amended by striking "5303" and inserting "5305". (B) Section 5363(aX2) of title 5, United States Code, is amended by striking "5303 of this title;" and inserting "5305 of this title (or corresponding prior provision of this title);". (C) Section 5405(f) of title 5, United States Code, is amended (i) by striking "5303 of this title," and inserting "5305 of this title (or corresponding prior provision of this title),"; and (ii) by striking "such section 5303." and inserting "such section 5305 (or corresponding prior provision).". (D) Section 325(bX2) of title 31, United States Code, is amended by striking "(except section 5303)," and inserting "(except section 5305, or corresponding prior provision of such title),". (E) Sections 5542(a), 5543, and 5545(cXl) of title 5, United States Code, are amended by inserting after "GS-10" each place it occurs the following: "(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)". (4XA) Section 5318 of title 5, United States Code, is amended by striking "5305" and inserting "5303". (B) Section 5382(c) of title 5, United States Code, is amended (i) in the first sentence, by striking "5305" and inserting "5303"; and (ii) by striking the second sentence. (C) Section 5403(a) of title 5, United States Code, is amended by striking "5305" and inserting "5303". (D) Section 601(aX2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended by striking "5305" and inserting "5303".
104 STAT. 1440
42 use 254/.
(E) Section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a-l) is amended by striking "5305" each place it appears and inserting "5303". (F) Section 5 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a-2) is amended (i) in subsection (a) (in the matter before paragraph (1)), by striking "(a)" through "then" and inserting "(a) Whenever an adjustment under section 5303 becomes effective with respect to rates of pay under the General Schedule,"; (ii) in subsection (aXlXA), by striking "pay adjustment by the President);" and inserting "adjustment);"; and (iii) in subsection (a)(1) (in the matter after subparagraph (B)), by striking "pay adjustment made by the President;" and inserting "adjustment under such section 5303;". (G) The provisions of House Resolution 1495, Ninety-fourth Congress (as enacted into law by section 115 of the Legislative Branch Appropriations Act, 1978 (2 U.S.C. 84a-l)) is amended by striking "5305" each place it appears and inserting "5303". (H) Section 256(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(gXl)) is amended (i) by inserting "(as increased by any sunount payable under section 5304 of title 5, United States Code, or section 302 of the Federal Employees Pay Comparability Act of 1990)" after "any such statutory pay system"; and (ii) by striking "5305" and inserting "5303". (I) Section 104 of title 3, United States Code, is amended by striking "5305" and inserting "5303". (J) Section 461(a) of title 28, United States Code, is amended by striking "5305" and inserting "5303". (K) Section 338A(gX3) of the Public Health Service Act (42 U.S.C. 2541(gX3)) is amended by striking "(as set forth in the report transmitted to the Congress under section 5305 of title 5, United States Code)" and inserting "(under section 5303 of title 5, United States Code)". (5) The second proviso under the head "Senate Office Buildings" contained in the Legislative Brgmch Appropriation Act, 1972, as amended by Public Law 94-59 (40 U.S.C. 174J-8) is amended by striking "5307" and inserting "5306". (6)(A) Section 5382(b) of title 5, United States Code, is amended by striking "5308" and inserting "5306(e)". (B) Section 8431 of title 5, United States Code, is amended by striking "5308" and inserting "5303(e), 5304(g),". (C) Section 9314 of title 10, United States Code, is amended by striking "5308" and inserting "5306(e)". (7) Section 5383(b)(1) of title 5, United States Code, is amended by striking "5304(j)," after 4507,". (8XA) Section 207 of title 18, United States Code, as amended by section 101 of Public Law 101-194 (103 Stat. 1716) and section 2 of Public Law 101-280 (104 Stat. 149) is amended (i) in subsection (cX2) by striking subparagraph (AXii) and inserting the following: "(ii) employed in a position which is not referred to in clause (i) and for which the basic rate of pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or
104 STAT. 1441
greater than the rate of basic pay payable for level V of the Executive Schedule;"; gind (ii) in subsection (e) by striking paragraph (6) and inserting the following: "(6) LIMITATION ON RESTRICTIONS.(A) The restrictions contained in paragraphs (2), (3), and (4) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed. "(B) The restrictions contained in paragraph (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-bised pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the basic rate of pay payable for level V of the Executive Schedule.". (B) 'The amendments made by subparagraph (A) take effect on Effective date. January 1,1991. 18 USC 207 note. (9)(A) Section 3132(a)(2) of title 5, United States Code, is amended by striking "in GS-16, 17, or 18 of the General Schedule" and inserting "classified above GS-15 pursuant to section 5108". (B) Section 3304a(a) of title 5, United States Code, is amended by striking "in GS-16, 17, or 18)" and inserting "in a position classified above GS-15 pursuant to section 5108)". (C)(i) Section 3324(a) of title 5, United States Code, is amended by striking "in GS-16, 17, or 18" and inserting "classified above GS-15 pursuant to section 5108". (ii) The heading for such section 3324 is amended by striking "at GS-16, 17, or 18' and inserting "to positions classified above GA15". (iii) The table of sections for chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3324 and inserting the following:
"3324. Appointments to positions classified above GS-15.".
(D) Section 3405(b) of title 5, United States Code, is amended by striking "fixed for GS-16 of the General Schedule." and inserting "payable under section 5376.". (E) Section 3594(c)(lXA) of title 5, United States Code, is amended by striking "at GS-15 or above of the General Schedule" and inserting "at GS-15 of the General Schedule or classified above GS15 pursuant to section 5108,". (F) Section 5102(c)(25) of title 5, United States Code, is amended by striking "maximum rate for GS-18;" and inserting "rate for level V of the Executive Schedule;". (G) Section 5109(b) of title 5, United States Code, is amended by striking "is clsissified at GS-18" through the period and inserting "shall be considered a position classified above GS-15 pursuant to section 5108.". (H) Section 5373 of title 5, United States Code, is amended by striking "maximum rate for GS-18." and inserting "rate for level IV of the Executive Schedule.".
104 STAT. 1442
(I) The first sentence of section 5382(b) of title 5, United States Code, is amended by striking "for GS-16 of the General Schedule" and inserting "under section 5376". (J) Section 5595(a)(2Xi) of title 5, United States Code, is amended (i) by striking "employee, other" ind inserting "employee (other"; (ii) by inserting "or an employee whose pay is fixed under section 5376)" before "whose rate"; and (iii) by striking "GS-18;" and inserting "the Executive Schedule;". (K) Section 8476(dXl) of title 5, United States Code, is amended by striking "grade GS-18 of the General Schedule" and inserting "level IV of the Executive Schedule". 2 use 60a-2. (10) Section 3(b) of Public Law 92-298 and section 14(b) of Public Law 92-392 shall be treated as if (as of their respective dates of enactment) the phrase "to read as follows:" contained in each, had instead read "by striking the matter before subparagraph (A) and inserting the following:". 5 use 5376 note. (c) OTHER REFERENCES.Until otherwise provided by law (1) any reference in a provision of law (which is outside title 5, United States (Dode, and in effect immediately before this section takes effect, excluding any reference in a provision of law amended by this Act) (AXi) to the rate of pay for grade GS-18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a)); (ii) to the minimum rate of pay for grade GS-16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and (iii) to a rate of pay for grade GS-16 or 17 of the Greneral Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS-15 pursuant to section 5108 of such title (as amended by section 102(bX2)); and (B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302; and (2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with chapter 51 and subchapter III of chapter 53 of such title (A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but (B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable. 5 use 5376 note. (d) REGULATIONS.The Office of Personnel Management may prescribe regulations, consistent with subsection (cXlXB) and section 303, governing the conversion or adjustment of rates of pay, where necessary because of the abolishment of grades GS-16, 17, and 18 of the General Schedule.
104 STAT. 1443
(e) SENSE OF CONGRESS.It is the sense of the Congress that the total funds dedicated to adjustments under sections 5303 and 5304 for any year be no less than the total funds that would have been dedicated to adjustments under such section 5303 for such year had the full change in the ECI been applied to pay rates for such year.
SEC. 102. PAY FOR POSITIONS ABOVE GS-15 AND CERTAIN OTHER POSITIONS.
(a) IN GENERAL.(1) Subchapter VII of chapter 53 of title 5, United States Code, is amended by adding after section 5375 the following new section: " 5376. Pay for certain senior-level positions "(a) This section applies to "(1) positions that are classified above GS-15 pursuant to section 5108; and "(2) scientific or professional positions established under section 3104; but does not apply to "(A) any Senior Executive Service position under section 3132; or "(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. "OJXD Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be "(A) not less than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and "(B) not greater than the rate of basic pay payable for level IV of the Executive Schedule. The pajnnent of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. "(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.". (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following new item:
"5376. Pay for certain senior-level positions.". (b) AMENDMENTS TO CHAPTER 51 OF TITLE 5, UNITED STATES
CODE.(1) Section 5104 of title 5, United States Code, is amended (A) in the second sentence, by striking "18"; and (B) by striking paragraphs (16) through (18). (2) Section 5108 of title 5, United States Code, is amended to read as follows: " 5108. Classincation of positions above GS-15 "(a) The Office of Personnel Management may, for any Executive agency
104 STAT. 1444
President.
"(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS-15; and "(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS-15; "(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.". (c) EXCLUSION FROM SUBCHAPTER III OF CHAPTER 53.Section 5331(b) of title 5, United States Code, is amended to read as follows: "(b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.".
SEC. 103. PAY FOR CRITICAL POSITIONS.
(a) I N GENERAL.Subchapter VII of chapter 53 of title 5, United States Code, is amended by section 102, is further amended by adding at the end the following new section: " 5377. Pay authority for critical positions "(a) For the j)urpose of this section "(1) the term 'agency' has the meaning given it by section 5102; and "(2) the term 'position' means "(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; "(B) a position under the Executive Schedule under sections 5312-5317; "(C) a position to which section 5372 applies (or would apply, but for this section); and "(D) a position to which section 5372a applies (or would apply, but for this section). "(b) Authority under this section "(1) may be granted or exercised only with respect to a position "(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and "(B) which is critical to the agency's successful accomplishment of an important mission; and "(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. "(c) The Office of Management and Budget, in consultation with the Office of Personnel Management, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. "(dXD The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any
104 STAT. 1445
comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted. "(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President. "(e) The authority to fix the rate of basic pay under this section for a position shall terminate \ "(1) whenever the Office of Management and Budget determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or "(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year. "(f) The Office of Management and Budget may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II. "(g) The Office of Management and Budget shall consult with the Office of Personnel Management before prescribing regulations under this section or msiking any decision to grant or terminate any authority under this section. "(h) The Office of Management and Budget shall report to the Reports. Committee on Post Office and Civil Service of the House of Representatives and the Committee on Govemmentgd Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include "(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and "(2) the nime of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.", (b) TABLE OF SECTIONS.The table of sections for chapter 53 of title 5, United States (Uode, as amended by section 102, is further amended by adding at the end the following new item:
"5377. Pay authority for critical positions.". SEC. 104. ADMINISTRATIVE LAW JUDGES AND CONTRACT APPEALS BOARD MEMBERS.
(a) PAY PROVISIONS.(1) Section 5372 of title 5, United States CJode, is amended to read as follows: " 5372. Administrative law judges "(a) For the purposes of this section, the term 'administrative law judge' means an administrative law judge appointed under section 3105. "(bXD There shall be 3 levels of basic pay for administrative law judges (designated as AL-1, 2, and 3, respectively), and each such j u ^ e shall be paid at 1 of those levels, in accordance with the
104 STAT. 1446
provisions of this section. The rates of basic pay for those levels shall be as follows:
"AL-3, rate A "AL-3, rate B "AL-3, rate C "AL-3, rate D "AL-3, rate E "AL-3, rate F "AL-2 "AL-1 Regulations. 65 percent of the rate of basic pay for level rV of the Executive Schedule. 70 percent of the rate of basic pay for level rV of the Executive Schedule. 75 percent of the rate of basic pay for level rV of the Executive Schedule. 80 percent of the rate of basic pay for level rV of the Executive Schedule. 85 percent of the rate of basic pay for level rV of the Executive Schedule. 90 percent of the rate of basic pay for level rV of the Executive Schedule. 95 percent of the rate of basic pay for level rV of the Executive Schedule. The rate of basic pay for level IV of the Executive Schedule.
Regulations.
"(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level. "(3)(A) Upon appointment to a position in AL-3, an administrative law judge shall be paid at rate A of AL-3, and shall be advanced successively to rates B, C, and D of that level upon completion of 52 weeks of service in the next lower rate, and to rates E and F of that level upon completion of 104 weeks of service in the next lower rate. "(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL-3 at an advanced rate under such circumstances as the Office may determine appropriate. '(c) The Office of Personnel Management shall, prescribe regulations necessary to administer this section.". (2) Subchapter VII of chapter 53 of title 5, United States Code, is amended by inserting before section 5373 the following new section: " 5372a. Contract appeals board members "(a) For the purpose of this section "(1) the term 'contract appeals board member' means a member of an agency board of contract appeals appointed under section 8 of the Contract Disputes Act of 1978; and "(2) the term 'appeals board' means an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978. "(b) Rates of basic pay for contract appeals board members shall be as follows: "(1) Chairman of an appeals boardthe rate of basic pay pavable for level IV of the Executive Schedule. (2) Vice chairman of an appeals board97 percent of the rate under paragraph (1). "(3) Other members of an appeals board94 percent of the rate under paragraph (1). "(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.". (b) TABLE OF SECTIONS.The table of sections for chapter 53 of title 5, United States Code, is amended by inserting before the item relating to section 5373 the following new item:
"5372a. Contract appeals board members.".
104 STAT. 1447
(c) AMENDMENTS TO 5 U.S.C. 5311.Section 5311 of title 5, United States Code, is amended (1) by striking subsection (b); ind (2) in subsection (a), by striking "(a)". (d) TECHNICAL AND CONFORMING AMENDMENTS.(1) Section 5102(c) of title 5, United States Code, is amended (A) in paragraph (27), by striking "or"; (B) in paragraph (28), by striking the period and inserting a semicolon; and (C) by adding at the end the following new items: "(29) administrative law judges appointed under section 3105; or "(30) members of agency boards of contract appeeds appointed under section 8 of the Contract Disputes Act of 1978.". (2) Section 5335(aXB) of title 5, United States Code, is amended by striking ", except an administrative law judge appointed under section 3105 of this title,". (3) Section 428(b) of the Black Lung Benefits Act (30 U.S.C. 9380))) is amended by striking the sentence beginning "Each administrative law judge presiding" and inserting "Each administrative law judge presiding under this section and under the provisions of titles I, II and III of this Act shall receive compensation at a rate determined under section 5372 of title 5, United States Code.". (4) Section SQo) of the Contract Disputes Act of 1978 is amended 41 USC 607. (A) in paragraph (1), by striking the last 2 sentences thereof and inserting the following: "Compensation for the chairman, the vice chairman, and all other members of in agency board shall be determined under section 5372a of title 5, United States Code."; and (B) in paragraph (2), by striking the last 2 sentences thereof and inserting the following: "The chgdrman and all other members of such board shall receive compensation, at the daily equivalent of the rates determined under section 5372a of title 5, United States Code, for each day they are engaged in the actual performance of their duties as members of the board.". (e) CONVERSION RULE FOR A L J S . I n making initial pay adjust- 5 USC 5372 note, ments for administrative law judges after this section and the amendments made by this section take effect, the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate which wsis payable to that individual immediately before such conversion.
SEC. 105. SPECIAL OCCUPATIONAL PAY SYSTEMS.
(a) I N GENERAL.(1) Chapter 53 of title 5, United States Code, is amended by inserting after subchapter VIII the following new subchapter:
"SUBCHAPTER IXSPECIAL OCCUPATIONAL PAY SYSTEMS

"5391. Definitions. "5392. Establishment of special occupational pay systems.
" 5391. Definitions "For the purposes of this subchapter, 'agency', 'employee', and 'position' have the meanings given them by section 5102.
104 STAT. 1448
Federal Register, publication. Reports. Federal Register, publication.
" 5392. Establishment of special occupational pay systems "(a) Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section). "(h) Subject to subsection (a), the President's pay agent (as referred to in section 5304(d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under chapter 51 or subject to subchapter III. "(c) In establishing special occupationed pay systems, the pay agent shall "(1) identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately; "(2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations; "(3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties; "(4) publish a proposed plan for determining the pay of such employees in the Federal Register; ' (5) conduct one or more public hearings; "(6) provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and "(7) not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system. "(d) A special occupational pay system may not "(1) provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or "(2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule. "(e) Subject to subsection (dX2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.". (2) The table of sections for chapter 53 of title 5, United States Coide, is amended by adding at the end the following new matter: "SUBCHAPTER IXSPECIAL OCCUPATIONAL PAY SYSTEMS
"Sec. "5391. Definitions. "5392. Establishment of special occupational pay systems.".
(b) PAY RETENTION.(1) Section 5361(5) of title 5, United States Code, is amended by inserting "a special occupational pay system under subchapter IX," before or". (2) Section 5363(a) of title 5, United States C!ode, is amended (A) in paragraph (2), by striking "or" after the semicolon; (B) in paragraph (3), by inserting "or" after the semicolon; and (C) by inserting after paragraph (3) the following new paragraph:
104 STAT. 1449
"(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;".
SEC. 106. ELIMINATION OF GS-11 THRESHOLD FOR NEW APPOINTEES TO BE PAID ABOVE MINIMUM RATES.
Section 5333(a) of title 5, United States Code, is amended by striking "in GS-11 or above".
SEC. 107. ADVANCES OF PAY.
(a) I N GENERAL.Subchapter III of chapter 55 of title 5, United States Code, is amended by inserting after section 5524 the following new section: " 5524a. Advance payments for new appointees "(a) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. "(bXD Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance pajonent of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed. "(2) The head of each agency shall provide for "(A) the review of the account of each employee of the agency in receipt of any payment under this section; and "(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the pajnnents, if the employee had performed active service under the terms of such employee's appointment during each period in the position to which appointed. "(c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee's estate by "(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and "(2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.". (b) TABLE OF SECTIONS.The table of sections for chapter 55 of title 5, United States Code, is gmiended by inserting after the item relating to section 5524 the following new item:
"5524a. Advance payments for new appointees.". SEC. 108. REEMPLOYMENT OF RETIREES.
(a) AMENDMENT TO 5 U.S.C. 5532.Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection:
-194 O - 91 - 4 : QL 3 Part 3
104 STAT. 1450
Regulations.
Regulations.
Regulations.
"(gXD The Director of the Office of Personnel Management may, at the request of the head of an Executive agency "(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (IXB).". (b) AMENDMENT TO 5 U.S.C. 8344.Section 8344 of title 5, United States Code, is amended by adding at the end the following new subsection; "(iXD The Director of the Office of Personnel Management may, at the request of the head of an Executive agency "(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (IXB). "(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purpcês of this chapter or chapter 84 while such waiver is in effect.". (c) AMENDMENT TO 5 U.S.C. 8468.Section 8468 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(fKD The Director of the Office of Personnel Management may, at the request of the head of an Executive agency "(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise
104 STAT. 1451
of authority and procedures for terminating a delegation of authority under paragraph (IXB). "(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of chapter 83 or this chapter while such waiver is in effect.". SEC. 109. NEW PAY STRUCTURE FOR THE POLICE FORCES OF THE BUREAU OF ENGRAVING AND PRINTING AND THE UNITED STATES MINT. (a) AMENDMENTS.(1)(A) Subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new section: " 5378. Police forces of the Bureau of Engraving and Printing and the United States Mint "(a) The Secretary of the Treasury shall fix the rates of basic pay for positions within the police forces of the Bureau of Engraving and Printing gmd the United States Mint in accordsmce with the following: "(1) Entry-level police officernot more than the maximum rate payable for GS-6. "(2) Journeyman-level police officernot more than the maximum rate payable for GS-7. "(3) Corporalnot more than the maximum rate payable for GS-8. "(4) Sergeantnot more than the maximum rate payable for GS-9. "(5) Lieutenantnot more than the maximum rate payable for GS-10. "(6) Deputy Inspectornot more than the maximum rate pavable for GS-11. '(7) Inspectornot more than the maximum rate payable for GS-12. "Ot)) For the purpose of this section, the term 'police forces of the Bureau of Engraving and Printing and the United States Mint' means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.". (B) The table of sections for subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new item:
"5378. Police forces of the Bureau of Engraving and Printing and the United States Mint.".
(2) Section 5102(cX5) of title 5, United States Code, is amended (A) by striking "and members" and inserting "members"; and (B) by adding "and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;" after the last semicolon. Qo) SPECIAL PAY RATES NOT AFFECTED.Nothing in this section or in any amendment made by this section shall (1) affect any special pay rate under section 5305 of title 5, United States Code, established before this section takes effect; or
5 USC 5378 note,
104 STAT. 1452
PUBLIC LAW 101-509NOV. 5, 1990 (2) impair any authority to fix or adjust special pay rates under such section 5305 (or a succeeding provision of law) for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint.
5 u s e 5378 note.
(c) EFFECTIVE D A T E ; CONVERSION AND SAVINGS PROVISIONS.(1)
Regulations.
This section and the amendments made by this section shall become effective on the first day of the first applicable pay period beginning on or ifter the 30th day following the date of enactment of this Act. (2XA) A special pay rate (as defined in subparagraph (B)) shall apply to an individual holding a position if (i) as a result of the initial exercise of authority with respect to such position under the amendment made by subsection (aXlXA), such individual would (but for this paragraph) be paid (I) at the step of the grade for which such special pay rate is then in effect; or (II) at a level which is between steps for which special pay rates are then in effect; and (ii) such position is within the area or location with respect to which that special pay rate or those special pay rates, as applicable, are then in effect. The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall apply in a situation described in clause (iXII). (B) For the purpose of this paragraph, the term "special pay rate" means a rate which-^ (i) is established under section 5303 of title 5,, United States Code (or a succeeding provision of law); (ii) is applicable to positions within the police forces of the Bureau of Engraving and Printing and the United States Mint; and (iii) has been in effect (including any adjustments under section 5303(d) of such title) since on or before the effective date of this section. (3) No rate of basic pay in effect immediately before this section takes effect shall be reduced by reason of the enactment of this section.
SEC. 110. COMPENSATION OF STANDING TRUSTEES APPOINTED UNDER TITLES 11 AND 28, UNITED STATES CODE.
(a) COMPENSATION.Section 586(eXlXA) of title 28, United States Code, is amended to read as follows: "(A) a maximum annual compensation for such individual consisting of "(i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and "(ii) the cash value of employment benefits comparable to the emplojrment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and". 28 use 586 note. (b) AppucATiON TO ALL STANDING TRUSTEES.The amendment made by subsection (a) shall apply to any trustee to whom the rovisions of section 302(dX3) of the Bankruptcy Judges, United tates Trustees, and Family Farmer Bankruptcrjr Act of 1986 (Public Law 99-54; 100 Stat. 3121) apply.

SEC. 111. PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE.
104 STAT. 1453

5 USC 5301 note.
(a) POLICY.It is the policy of Congress that (1) the Federal Grovemment should institute systems for determining pay for its Genersil Schedule employees under which the linkage between their performance and their pay will be strengthened; (2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Payfor-Performance Labor-Management Committee; (3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federsd Government; and (4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1,1993. (b) ESTABLISHMENT.The Office of Personnel Management shall establish a Pay-for-Performance Labor-Management Committee to advise the Office on the design and establishment of systems for strengthening the linkage between the performance of General Schedule employees and their pay. (c) MEMBERSHIP.The members of the Committee shall be (1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee's education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively; (2) an employee of the Office of Personnel Management, designated by the Director of such Office; (3) an employee of the Department of Defense, designated by the Secretary of Defense; (4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and (5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (d) PAY FOR MEMBERS.The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Personnel Management. The members of the Committee who are otherwise employees of the Federal Government shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered
104 STAT. 1454
employees of the Federal Government for any purpose by reason of their service on the Committee. (e) ADMINISTRATIVE SUPPORT.The Office of Personnel Management may provide staff and administrative support for the Committee. (f) FuNCJTiONS.The Committee shall review available reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information. (g) REPORT TO THE OFFICE OF PERSONNEL MANAGEMENT.No later than 1 year after the date of enactment of this Act, the Committee shall submit a report to the Director of the Office of Personnel Management, which shall include recommendations as to (1) the types of pay raises to be covered; (2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range; (3) the role organization performance should play in pay-forperformance systems; (4) any differences in pay-for-performance systems for different categories of employees; (5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and (6) whether demonstration projects on pay-for-performance are desirable.
42 u s e 3501 SEC. 112. POSITION TITLES IN CERTAIN DEPARTMENTS.
20 use 3404 ^^-
(a) CHANGE IN POSITION TITLE.(1) The position of Under Secretary of Health and Human Services, established by section 2 of Reorganization Plan No. 1 of 1953 (67 Stat. 631), is retitled the Deputy Secretary of Health and Human Services. (2) The Act of May 9,1935 (49 Stat. 177, 43 U.S.C. 1452) is amended by striking "Under Secretary" and inserting "Deputy Secretary", (3) The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended (A) in section 104(3) (20 U.S.C. 3404(3)), by striking "Under Secretary" both places it appears and inserting "Deputy Secretary"; and (B) in section 202(a) (20 U.S.C. 3412(a)) (i) in the first sentence, by striking "an Under Secretary" and inserting "a Deputy Secretary"; and (ii) in subsequent sentences, by striking "Under Secretary" each place it appears and inserting "Deputy Secretary". (4) The first sentence of section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended by striking "an Under Secretary" and inserting "a Deputy Secretary . (b) COMPENSATION OF DEPUTY SECRETARIES.Section 5313 of title 5, United States C!ode, is amended by adding at the end the following: "Deputy Secretary of Health and Human Services. "Deputy Secretary of the Interior. "Deputy Secretary of EJducation. "Deputy Secretary of Housing and Urban Development.". (c) CONSTRUCTION OF REFERENCES.Any reference in any statute, reorganization plan, regulation, executive order, or any document issued pursuant thereto in force on the date this section takes effect
104 STAT. 1455
to the Under Secretary of Heeilth and Human Services, the Under Secretary of the Interior, the Under Secretary of Education, or the Under Secretary of Housing and Urban Development shall be deemed to be a reference to the Deputy Secretary of Health and Himian Services, the Deputy Secretary of the Interior, the Deputy Secretary of Education, or the Deputy Secretary of Housing and Urban Envelopment, respectively. (d) CONFORMING AMENDMENTS.Section 5314 of title 5, United States Code, is amended by striking the following: "Under Secretary of Health and Human Services. "Under Secretary of the Interior. "Under Secretary of Education. "Under Secretary of Housing and Urban Development.". (e) EFFECTIVE DATE; CONTINUED SERVICE BY INCUMBENTS.(1) This 20 use 3404 section shall take effect on the first day of the first pay period that notebegins on or after the date of enactment of this Act. (2XA) The incumbent in the position of Under Secretary of Health and Human Services on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Health and Human Services at the pleasure of the President after such day. (B) The incumbent in the position of Under Secretary of the Interior on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of the Interior at the pleasure of the President after such day. (C) The incumbent in the position of Under Secretary of Education on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Education at the pleasure of the President after such day. (D) The incumbent in the position of Under Secretary of Housing and Urban Development on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Housing and Urban Development at the pleasure of the President after such day.
SEC. 113. DIRECTOR OF THE CENSUS BUREAU.
Title 5, United States Code, is amended (1) in section 5316, by striking the item relating to the Director, Bureau of the Census, Department of Commerce; and (2) in section 5315, by adding at the end the following: "Director, Bureau of the Census, Department of Commerce.". TITLE IIAMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS
SEC. 201. TIME OFF FROM DUTY AS AN INCENTIVE AWARD.
Section 4502 of title 5, United States Code, is amended by adding at the end the following new subsection: "(eXD Notwithstanding section 4501(2), for the purpose of this subsection, 'employee' includes an employee covered by the performance management and recognition system established under chapter 54. "(2) The Office of Personnel Management may by regulation permit agencies to grant employees time off from duty, without loss of pay or charge to leave, as an award in recognition of superior accomplishment or other personal effort that contributes to the quality, efficiency, or economy of Grovemment operations.".
104 STAT. 1456

(a) AMENDMENTS TO SECTION 5901 OF TITLE 5, UNITED STATES
SEC. 202. UNIFORM ALLOWANCES.
CODE.Section 5901(a) of title 5, United States Code, is amended (1) in the first sentence, by striking "an amount' through the period and inserting "such sums as may be necessary to carry out this subchapter."; and (2) by striking "$125 a year" each place it appears and inserting "$400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).". (b) AMENDMENTS TO SECTIONS 5902 AND 5903 OF TITLE 5, UNITED STATES CIODE.Title 5, United States Code, is amended by striking sections 5902 and 5903 and inserting the following: " 5902. Increase in maximum uniform allowance "The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901. " 5903. Regulations "The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.".
SEC. 203. DIFFERENTIAL FOR PHYSICAL HARDSHIP OR HAZARD.
Section 5545(D) of title 5, United States Code, is amended (1) in the first sentence, by striking "irregular or intermittent"; and (2) in paragraph (1), by striking "thereof;" and inserting "thereof, except in such circumstances as the Office may by regulation prescribe;".
SEC. 204. EXCEPTION FROM LIMITATION ON PREMIUM PAY.
Section 5547 of title 5, United States Code, is amended (1) in subsection (a), by inserting after "GS-15" the following: "(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)"; and (2) by amending subsection (b) to read as follows: "(bXl) Subject to regulations prescribed by the Office of Personnel Management, the first sentence of subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency which involves a direct threat to life or property, including a forest wildfire emergency. "(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of such employee's basic pay and premium pay under those provisions would, in any calendar year, exceed the maximum rate payable for GS-15 in effect at the end of such calendar year.".
SEC. 205. HEALTH CARE POSITIONS.
(A) I N GENERAL.Section 5371 of title 5, United States Code, is amended to read as follows:
104 STAT. 1457
" 5371. Health care positions "(a) For the purposes of this section, 'health care' means direct patient-care services or services incident to direct patient-care services. "(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 73 of title 38 shall apply "(1) in lieu of any provision of chapter 51 or 61, or any other provision of this chapter; or "(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, or this chapter, relates. "(c) Authority under subsection (b) may be exercised with respect to any employee holding a position (1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and (2) which involves health care responsibilities.".
(b) TABLE OF SECTIONS.The table of sections for chapter 53 of
title 5, United States Code, is amended by striking the item relating to section 5371 and inserting the following:
"5371. Health care positions.". SEC. 206. TRAVEL AND TRANSPORTATION EXPENSES FOR CANDIDATES AND NEW APPOINTEES. (a) INTERVIEW EXPENSES.(1) Chapter 57 of title 5, United States
Code, is amended by inserting after section 5706a the following new section: " 5706b. Interview expenses "An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from pre-employment interviews determined necessary by the agency.". (2) The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5706a the following new item:
"5706b. Interview expenses.".
(b) OTHER EXPENSES.Section 5723(a)(1) of title 5, United States Code, is gmaended (1) in subparagraph (A), by striking "a position" through "shortage," and inserting "any position,'; and (2) in subparagraph (C), by striking "the minimum rate of pay prescribed for GS-16; and" and inserting "the minimum rate of pay payable for a position classified above GS-15 pursuant to section 5108; and".
SEC. 207. PERFORMANCE-BASED CASH AWARDS.
(a) I N GENERAL.Chapter 45 of title 5, United States Code, is amended by inserting after section 4505 the following new section: " 4505a. Performance-based cash awards "(aXl) An employee whose most recent performance rating was at the fully successful level or higher (or the equiveilent thereof) may be paid a cash award under this section.
104 STAT. 1458
Regulations.
"(2XA) A cash award under this section shall be equal to an amount determined appropriate by the head of the agency, but may not be more than 10 percent of the employee's annual rate of basic pay. Notwithstanding the preceding sentence, the agency head may authorize a cash award equal to an amount exceeding 10 percent of the employee's annual rate of basic pay if the agency head determines that exceptional performance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee's annual rate of basic pay. "(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability pa5anent under section 5304. "0>X1) A cash award under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. "(2) The failure to pay a cash award under this section, or the amount of such an award, may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). "(c) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b). "(d) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (c) to prescribe any necessary regulations).". (b) TABLE OF SECTIONS.The table of sections for chapter 45 of title 5, United States C!ode, is amended by inserting after the item relating to section 4505 the following new item:
"4505a. Performance-based cash awards.". SEC. 208. RECRUITMENT, RELOCATION, AND RETENTION PAYMENTS.
(a) I N GENERAL.Subchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following new sections: " 5753. Recruitment and relocation bonuses "(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position. "(bXlXA) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated. "(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304.
104 STAT. 1459
"(2) Payment of a bonus under this section shall be contingent Government upon the employee entering into an agreement with the agency to contracts. complete a period of emplojrment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis. (3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of in employee. "(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty. "(c) For the purpose of this section "(1) the terms 'agency' and 'employee' have the meanings given them by section 5102; and "(2) any reference to 'a position under the General Schedule' or 'an employee under the (Jeneral Schedule' shall be considered to be a reference to any position or employee to which subchapter III of chapter 53 applies. "(d) The Office shall prescribe such regulations as it considers Regulations, necessary for the administration of subsections (a) through (c). "(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of em^jloyees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations). " 5754. Retention allowances "(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if^ "(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee's services makes it essential to retain the employee; and "(2) the Eigency determines that the employee would be likely to leave in the absence of a retention allowance. "(bXl) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay. "(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). "(3) A retention allowance shall be paid at the same time and in the same manner as the employee's basic pay is paid. "(c) For the purpose of this section "(1) the terms 'agency' and 'employee' have the meanings given them by section 5102; and "(2) any reference to 'an employee under the General Schedule' shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies. "(d) The Office shall prescribe such regulations as it considers Regulations, necessary for the administration of subsections (a) through (c).
104 STAT. 1460
"(e) At the request of the head of an Executive agency, the President may authorize the appHcation of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).". (b) TABLE OF SECTIONS.The table of sections for chapter 57 of title 5, United States Code, is amended by adding srfter the item relating to section 5752 the following new items:
"5753. Recruitment and relocation bonuses. "5754. Retention allowances. 5 u s e 5305 note. SEC. 209. STAFFING DIFFERENTIALS.
(a) I N GENERAL.Effective on the first day of the first applicable pay period beginning on or after January 1, 1991, the President may establish staffing differentials equal to 5 percent of basic pay, which may be paid to each General Schedule employee whose position is in (1) grade GS-5 or 7 of the (Jeneral Schedule; or (2) a 2-grade-interval occupational series, as determined by the Office of Personnel Management. (b) MANNER OF PAYMENT; REDUCTION OR ELIMINATION.A staffing differential under this section (1) shall be paid in the same manner and at the same time as the employee's basic pay is paid, but may not be considered to be part of basic pay for any purpose; and (2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect, except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing differential) which any employee is receiving.
SEC. 210. PREMIUM PAY AMENDMENTS.
Subchapter V of chapter 55 of title 5, United States Code, is amended (1) in section 5542, by adding at the end the following new subsection: "(c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work."; (2) in section 5543(aXl), by inserting after **pa3nnent" the following: "under section 5542 or section 7 of the Fair Labor Standards Act of 1938"; and (3) in section 5544, by adding at the end of subsection (a) "This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.".

SEC. 211. SUPERVISORY DIFFERENTIALS.
104 STAT. 1461
(a) I N GENERAL.Subchapter IV of chapter 57 of title 5, United States Code, as amended by section 208, is further amended by adding at the end the following: 5755. Supervisory differentials "(aXD The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the Greneral Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee. ' (2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability pa5nnents under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office. "ObXD A supervisory differential, which shall be stated as a percentage of the supervisory employee's rate of basic pay (excluding any comparability pa3rments under section 5304) or as a dollar amount, may not cause the supervisory employee's pay to exceed the pay of the highest paid subordinate employee by more than 3 percent. "(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). "(3) A supervisory differential shall be paid in the same manner and at the same time as the employee's basic pay is paid. "(c) For the purpose of this section "(1) the terms 'agency' and 'employee' have the meanings given them by section 5102; and "(2) any reference to 'an employee under the General Schedule' shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies. "(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.". (b) TECHNICAL AND CONFORMING AMENDMENTS.(1) Section 5333 of title 5, United States Code, is amended (A) in the section heading, by striking "; higher rates for supervisors of prevailing rate employees"; (B) in subsection (a), by striking "(a)"; and (C) by striking subsection (b). (2) ITie table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5333 and inserting the following:
"5333. Minimum rate for new appointments.".
Regulations.
TITLE IIIMISCELLANEOUS PROVISIONS

SEC. 301. BUDGET ACT COMPLIANCE. 5 USC 5301 note.
For purposes of the Congressional Budget Act of 1974, any authority to make payments under this Act or any amendment made by
104 STAT. 1462
this Act shall be effective only to the extent provided for in advance in appropriation Acts.
5 u s e 5304 note. SEC. 302. INTERIM GEOGRAPHIC ADJUSTMENTS.
President.
(A) DEFINITIONS.For the purpose of this section (1) the term "area" means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and (2) the term "pay relative" shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics. Ob) AUTHORITY.(1) The President may establish geographic adjustments of up to 8 percent of basic pay which may be paid to each Greneral Schedule employee (including an employee covered by the performance management and recognition system) whose duty station is within any area where such adjustment is needed (as determined under paragraph (2)). (2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems. (c) ADMINISTRATION.(1) An adjustment under this section shall be administered, to the extent practicable, in the same manner as locality-based comparability payments under subchapter I of chapter 53 of title 5, United States Code (as amended by this Act), including in terms of (A) the basic pay to which a percentage is applied in computing an amount payable under this section; (B) the purposes for which any amount under this section is to be considered part of basic pay; (C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and (D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered. (2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of, section 5304 of title 5, United States Code (as so amended).
(c) COMMENCEMENT AND TERMINATION RULES.(1) T h e e f f e c t i v e
President.
date of an adjustment under this section shall be as determined by the President, but not later than January 1,1994. (2XA) The size of any pajmaents under this section may be reduced or terminated after the amendments made by section 101 of this Act take effect, except that the reduction or termination of a payment under this section may not have the effect of reducing, for the individual involved, the total rate at which additional forms of basic pay (as defined in subparagraph (B)) are payable to such individual. (B) The total rate to which subparagraph (A) applies is the sum of (i) the rate at which comparability pajrments (under section 5304 of title 5, United States Code, as amended by such Act) are payable; and (ii) the rate at which payments under this section are payable.
104 STAT. 1463

President.
(d) EMPLOYEES RECEIVING SPECIAL PAY RATES.The President (or
his designated agent) shall determine what, if any, geographic adjustment shall he payable under this section in the case of an employee whose rate of pay is fixed under section 5303 of title 5, United States Code, as in effect before the date of enactment of this Act. (e) EFFECTIVE DATE.This section shall take effect on the date of enactment of this Act.
SEC. 303. PAY RATES FOR CURRENT EMPLOYEES. 5 u s e 5301 note.
Nothing in this Act or in any amendment made by this Act shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service.
SEC. 304. SENIOR BIOMEDICAL RESEARCH SERVICE.
(a) IN GENERAL.Title II of the Public Health Service Act is amended by adding at the end the following:
SENIOR BIOMEDICAL RESEARCH SERVICE
"SEC. 228. (a) There shall be in the Public Health Service a Senior Establishment. Biomedical Research Service (hereinafter in this section referred to 42 u s e 237. as the 'Service'), not to exceed 350 members at any time. "(b) The Service shall be appointed by the Secretary without regard to the provisions of title 5, United States Code, regarding appointment, and shall consist of individuals outstanding in the field of biomedical research or clinical research evaluation. No individual may be appointed to the Service unless such individual (1) has earned a doctoral level degree in biomedicine or a related field, and (2) meets the qualification standards prescribed by the Office of Personnel Management for appointment to a position at G&-15 of the General Schedule. Notwithstanding any previous applicability to an individual who is a member of the Service, the provisions of subchapter I of chapter 35 (relating to retention preference), chapter 43 (relating to performance appraisal and performance actions), chapter 51 (relating to classification), subchapter III of chapter 53 (relating to General Schedule pay rates), and chapter 75 (relating to adverse actions) of title 5, United States Code, shall not apply to any member of the Service. "(c) The Secretary shall develop a performance appraisal system designed to "(1) provide for the systematic appraisal of the performance of members, and "(2) encourage excellence in performance by members. "(dXl) The Secretary shall determine, subject to the provisions of this subsection, the pay of members of the Service. "(2) The pay of a member of the Service shall not be less than the minimum rate payable for GS-15 of the CJeneral Schedule and shall not exceed the rate payable for level I of the Executive Schedule unless approved by the President under section 5377(dX2) of title 5, United States Code. "(e) The Secretary may, upon the request of a member who
104 STAT. 1464
"(1) performed service in the employ of an institution of higher education immediately prior to his appointment as a member of the Service, and "(2) retains the right to continue to make contributions to the retirement system of such institution, contribute an amount not to exceed 10 percent per annum of the member's basic pay to such institution's retirement system on behalf of such member. A member who requests that such contribution be made shall not be covered by, or earn service credit under, any retirement system established for employees of the United States under title 5, United States Code, but such service shall be creditable for determining years of service under section 6303(a) of such title. "(f) Subject to the following sentence, the Secretary may, notwithstanding the provisions of title 5, United States 0)de, regarding appointment, appoint an individual who is separated from the Service involuntarily and without cause to a position in the competitive civil service at GS-15 of the (Jeneral Schedule, and such appointment shall be a career appointment. In the case of such an individual who immediately prior to his appointment to the Service was not a career appointee in the civil service or the Senior Executive Service, such appointment shall be in the excepted civil service and may not exceed a period of 2 years. Regulations. "(g) The Secretary shall promulgate such rules and regulations, not inconsistent with this section, as may be necessary for the efficient administration of the Service.", (b) TECHNICAL AND CONFORMING AMENDMENTS.Section 211(d) of 42 use 212. the Public Health Service Act is amended by (1) striking out "and" at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and"; and (3) adding at the end thereof a new paragraph as follows: "(4) service performed as a member of the Senior Biomedical Research Service established by section 228, except that, if there are more than 5 years of such service, only the last 5 years thereof may be included.". 42 use 212 note. (c) EFFECTIVE DATE.Except as otherwise provided, the provisions of this section shall be effective on the 90th day following the date of the enactment of this Act.
5 u s e 5301 note. SEC. 305. EFFECTIVE DATE.
(a) GENERALLY.Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act. (b) SPECIAL RULE.The first calendar year in which comparability pajnnents under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994.
5 u s e 5301 note. SEC. 306. ADDITIONAL RULE OF CONSTRUCTION.
Notwithstanding section 10)), a reference in any of the preceding provisions of this title to "this Act" (other than a reference in section 301) shall not be considered to include any provision of title IV.
PUBLIC LAW 101-509NOV. 5, 1990 TITLE IVFEDERAL LAW ENFORCEMENT PAY REFORM
SEC. 401. SHORT TITLE.
104 STAT. 1465

Federal Law Enforcement Pay Reform Act of 1990. 5 u s e 5305 note. 5 u s e 5305 note.
This title may be cited as the "Federal Law Enforcement Pay Reform Act of 1990".
SEC. 402. DEFINITION.
For the purposes of this title, except as otherwise provided, the term "law enforcement officer" means any law enforcement officer within the meaning of section 8331(20) or section 8401(17) of title 5, United States C!ode, with respect to whom the provisions of chapter 51 of such title apply.
SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS. 5 u s e 5305 note.
(a) Notwithstanding the procedures of section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law, higher minimum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accordance with the provisions of this section. Ot)Xl) Effective on the first day of the first applicable pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows:
GS-3 GS-4 GS-5 GS-6 GS-7 GS-8 GS-9 GS-10 Step Step Step Step Step Step Step Step 4 4 4 3 3 3 2 2
(2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows:
GS-3 GS-4 GS-5 GS-6 GS-? GS-8 GS-9 GS-10 Step? Step? Steps Step 6 Step 5 Step 3 Step 2 Step 2
(c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law) in the same manner as rates established under section 5305 of such title, as so amended, and may be increased in accordance with subsection (f) of such section 5305. (d) Any interim entry-level adjustment under section 303 of this Act which a law enforcement officer is receiving shall be eliminated on the day before the effective date of the higher minimum rates under subsection (bXD.
104 STAT. 1466

5 u s e 5305 note.
SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CITIES.
(a) A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act, any applicable locality-based comparability pa3anent under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and any applicable special rate of pay under section 5305 of such title, as so amended, or any similar provision of law. db) Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1,1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer's rate of basic pay, as follows:
Area Boston-Lawrence-Salem, MA-NH Consolidated Metropolitan Statistical Area Chicago-Gary-Lake County, IL-IN-WI Consolidated Metropolitan Statistical Area Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area New York-Northern New Jersey-Long Island, NY-NJ-CT Consolidated Metropolitan Statistical Area Philadelphia-Wilmington-Trention, PA-NJ-DE-MD Consolidated Metropolitfm Statistical Area San Francisco-Oakland-ân Jose, CA Consolidated Metropolitan Statistical Area San Diego, CA Metropolitan Statistical Area Washington, DC-MD-VA Metropolitan Statistical Area Differential 16% 4% 16% 16% 4% 16% 8% 4%
(cXD A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a localitybased comparability pajrment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and shall be considered part of basic pay to the same degree as such a localitybased comparability pa5nnent. (2) The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the pa3anent of special pay adjustments to law enforcement officers under this section.
5 u s e 5305 note. SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS.
Regulations.
(a) The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403 and 404 shill be carried out with respect to individuals holding positions described in subsection Ot>). (b) This subsection applies with respect to any (1) member of the United States Secret Service Uniformed Division; (2) member of the United States Park Police; (3) special agent within the Diplomatic Security Service; (4) probation officer (referred to in section 3672 of title 18, United States Code); or (5) pretrial services officer (referred to in section 3153 of title 18, United States Code). (c) For the purposes of this section, the term "appropriate agency head" means (1) with respect to any individual under subsection (bXl), the Secretary of the Treasury;
104 STAT. 1467
(2) with respect to any individual under subsection 05X2), the Secretary of the Interior; (3) with respect to any individual under subsection Ot)X3), the Secretary of State; (4) with respect to any individual under subsection 03X4) or Ot))(5), the Director of the Administrative Office of the United States Courts.
SEC. 406. FBI NEW YORK FIELD DIVISION. 5 USC 5305 note.
Notwithstanding section 601(aX2) of Public Law 100-453, as amended, the Office of Personnel Management shall reduce the rate of periodic payments under such section as the provisions of this Act are implemented: Provided, That no such reduction results in a reduction of the total pay for any employee of the New York Field Division of the Federal Bureau of Investigation. Notwithstanding such section 601(aX2), the Office of Personnel Management may make such periodic payments inapplicable to employees newly appointed to, or transferred to, the New York Field Division on or after January 1,1992.
SEC. 407. RELOCATION PAYMENTS. 5 USC 5305 note.
Notwithstanding section 575303X1XA) of title 5, United States Code, as added by this Act, a law enforcement officer whose rate of basic pay is less than $60,000 may receive a relocation pajrment of up to $15,000 under section 5753.
SEC. 408. INCENTIVE BONUS FOR FOREIGN LANGUAGE CAPABILITIES.
(a) Chapter 45 of title 5, United States Code, is amended by adding at the end the following: "SUBCHAPTER IIIAWARD TO LAW ENFORCEMENT OFFICER FOR FOREIGN LANGUAGE CAPABILITIES " 4521. Definition "For the purpose of this subchapter, the term 'law enforcement officer' has the same meaning as under section 5949(a). " 4522. General provision "An award under this subchapter is in addition to the basic pay of the recipient. " 4523. Award authority "(a) An agency may pay a cash award, up to 5 percent of basic pay, to any law enforcement officer employed in or under such agency who possesses and makes substantial use of 1 or more foreign languages in the performance of official duties. "0)) Awards under this section shall be paid under regulations prescribed by the head of the agency involved (or designee thereof). Regulations prescribed by an agency head (or designee) under this subsecton shall include "(1) procedures under which foreign language proficiency shall be ascertained; "(2) criteria for the selection of individuals for recognition under this section; and "(3) any other provisions which may be necessary to carry out the purposes of this subchapter.".
Regulations,
104 STAT. 1468
Ob) The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end the following:
SUBCHAPTER IIIAWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES "4521. Definition. "4522. CJeneral provision. "4523. Award authority.".
(c) Section 6401 of the Anti-Drug Abuse Act of 1988 (Public Law 5 use 5541 note. 100-690; 102 Stat. 4370) is amended (1) by inserting "(a) I N GENERAL." before the first sentence; and (2) by adding at the end the following: "Qoi) LIMITATION.The provisions of this section shall apply only to an employee who has received a bonus under this section before January 1, 1992. The provisions of subchapter III of chapter 45 of title 5, United States Code, shall apply to iny employee who would otherwise be eligible to receive a bonus under this section, on and after such date.". Effective date. (d) The amendments made by this section shall be effective on 5 use 4521 note. January 1,1992.
SEC. 409. AGE FOR MANDATORY RETIREMENT.
Effective date. 5 use 8335 note,
(a) Section 833503) of title 5, United States Code, is amended (1) in the first sentence, by striking "law enforcement officer of a"; and (2) by inserting after the first sentence the following: "A law enforcement officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer becomes 57 years of age or completes 20 years of service if then over that age.". (b) Section 8425(b) of title 5, United States Code, is amended (1) in the first sentence, by striking "law enforcement officer or" each place it appears; and (2) by inserting after the first sentence the following: "A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.". (c) For the purposes of this section, the effective date shall be the date of enactment of this Act.
SEC. 410. OVERTIME RATES.
(a) Section 5542(a) of title 5, United States Code, is amended by adding at the end the following: "(4) Notwithstanding paragraph (2) of this subsection, for an employee who is a law enforcement officer (within the meaning of section 8331(20) or 8401(17)), and whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of
104 STAT. 1469
"(A) one and one-half times the minimum hourly rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or "(B) the hourly rate of basic pay of the employee, and all that amount is premium pay.". (b) Section 5547 of title 5, United States Code, is amended by adding at the end the following: "(c)(1) Subsections (a) and (b) shall not apply to a law enforcement officer. "(2) A law enforcement officer may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) only to the extent that the payment does not cause the officer's aggregate rate of pay for any pay period to exceed the lesser of "(A) 150 percent of the minimum rate payable for GS-15 (including any applicable locality-based comparability pa3nment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or "(B) the rate payable for level V of the Executive Schedule. "(3) For the purposes of this subsection, 'law enforcement officer' means any law enforcement officer within the meaning of section 8331(20) or section 8401(17).".
SEC. 411. OTHER PREMIUM PAY.
(a) Section 5541(2Xiv) of title 5, United States Code, is amended to read as follows: "(iv) a member of "(I) the Metropolitam Police or the Fire Department of the District of Columbia; or "(II) a member of the United States Secret Service Uniformed Division, a member of the United States Park Police, other than for purposes of section 5545(a) and 5546;". (b) The amendment made by this section shall be effective on Effective date. January 1,1992. 5 USC 5541 note.
SEC. 412. REPORTING REQUIREMENT. 5 USC 5305 note.
Not later than January 1, 1993, the Office of Personnel Management, in consultation with Federal law enforcement agencies and law enforcement employee groups, shall submit to Congress, in writing, a plan to establish a separate pay and classification system for law enforcement officers and specifications for legislation to implement such plan. SEC. 530. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated by this Act. SEC. 531. (a) Section 12 of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note) is amended by striking out "Expenditures for this reimbursement are authorized not to exceed $160,000 in any one fiscal year" and inserting in lieu thereof "Expenditures for this reimbursement are authorized not to exceed $300,000 in any one fiscal year". (b) Funds appropriated for fiscal year 1991 for reimbursements for Presidential protection assistance authorized under section 12 of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note)
104 STAT. 1470
41 use 261.
shall be made available for any such reimbursements claimed during fiscal year 1990. SEC. 532. Title 41, United States Code, chapter 4, subchapter IV, is amended by inserting at the end thereof, the following new section: "The Internal Revenue Service may use competitive procedures or procedures other than competitive procedures to procure the services of experts for use in the examination of tax returns or litigating any action under the Internal Revenue Code in the United States Tax Court, whether or not the expert is expected to testify at trial. The Internal Revenue Service need not provide iny written justification for the use of procedures other than competitive procedures when procuring expert services for cases involving the Internal Revenue Code and need not furnish for publication in the Commerce Business Daily or otherwise anv notice of solicitation or S3niopsis with respect to such procurement.'. SEC. 533. Notwithstanding any other provision of this Act, the amount appropriated to the Federal Labor Relations Authority for salaries and expenses is $18,693,000. SEC. 534. Notwithstanding any other provision of this Act, the appropriation for salaries and expenses for the Advisory Committee on Federal Pay shall be $100,000.
SEC. 535. REPORT ON PRODUCTIVITY OF THE FEDERAL WORKFORCE.
5 u s e 1101 note.
5 u s e 6307 note.
Termination date.
(a) IN GENERAL.The Office of Personnel Management shall review and report on the productivity of the Federal workforce. The report shall include recommendations with regard to the following: (1) How productivity within the Federal workforce can be increased, the delivery of Government services improved, and the payroll costs of Government controlled through improved organization, training, advanced technology, and modern management practices. (2) The size, structure, and composition of the Federal workforce. (3) Criteria for use by departments and agencies to determine the level of personnel necessary to accomplish their functions and goals. (4) Changes in Federal law, regulations, and administrative practices to promote economy, productivity, effectiveness, and managerial accountability within the Federal workforce. Ot>) DEADUNE.This report shall be submitted to Congress no later than 24 months after the date of enactment of this Act. SEC. 536. (a) Notwithstsmding any other provision of law, sick leave provided by section 6307 of title 5, United States Code, may be approved for purposes related to the adoption of a child in order to test the feasibility of this concept during fiscal year 1991. 0)) Subsection (a) shall cease to be effective as of September 30, 1991. SEC. 537. None of the funds in this Act may be used to reduce the rank or rate of pay of a career appointee in the SES upon reassignment or transfer. TITLE VIGENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
31 u s e 1343 note.
SECTION 601. Unless otherwise specifically provided, the maximum amount allowable during the current fiscsd year in accprdance
104 STAT. 1471
with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $7,100 except station wagons for which the maximum shall be $8,100: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further. That the limits set forth in this section may be exceeded by not more than five percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976. SEC. 602. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922-24. SEC. 603. Unless otherwise specified during the current fiscal year no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Grovemment of the United States (including any agency the majority of the stock of which is owned by the Grovernment of the United States) whose post of duty is in the continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, (4) is an alien from Cuba, Poland, South Vietnam, or the Baltic countries lawfully admitted to the United States for permanent residence, or (5) South Vietnamese, Cambodian, and Laotian refugees paroled in the United States after January 1, 1975: Provided, That for the purpose of this section, an giffidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: Provided further. That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shsill be fined no more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for any other provisions of existing law: Provided further. That any pa3anent made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary emplojonent of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. SEC. 604. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. SEC. 605. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corpora-
5 USC 3ioi note.
104 STAT. 1472
tions ind agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. SEC. 606. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. SEC. 607. Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrjdng out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: Provided, That such credits received as exchanged allowances or proceeds of sales of personal property may be used in whole or part pa3rment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury. SEC. 608. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards, commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. SEC. 609. Funds made available by this or any other Act to the "Postal Service Fund" (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service and under the charge and control of the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). SEC. 610. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. SEC. 611. No part of gmy appropriation contained in, or funds made available by, this or any other Act, shall be available for any agency to pay to the Administrator of the General Services Administration a higher rate per square foot for rental of space and services (established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended) than the rate per
104 STAT. 1473
square foot established for the space and services by the General Services Administration for the fiscal year for which appropriations were granted. SEC. 612. (a) Notwithstanding any other provision of law, and 5 USC 5343 note. except as otherwise provided in this section, no part of any of the funds appropriated for the fiscal years ending September 30, 1991, or September 30, 1992, by this Act or any other Act, may be used to pay any prevailing rate employee described in section 5342(aX2XA) of title 5, United States C!ode, or any employee covered by section 5348 of that t i t l e CD during the period from the date of expiration of the limitation imposed by section 612 of the Treasury, Postal Service, and General Grovemment Appropriations Act, 1990, until the first day of the first applicable pay period that begins not less than ninety days after that date, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section 612; and (2) during the period consisting of the remainder, if any, of fiscal year 1991, and that portion of fiscal year 1992, that precedes the normal effective date of the applicable wage survey adjustment that is to be effective in fiscal year 1992, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) of this subsection by more than the overall average percentage adjustment in the General Schedule during fiscal year 1991. (b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(aX2) of title 5, United States Code, may be paid during the periods for which subsection (a) of this section is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) For the purpose of this section, the rates payable to an em- Regulations. ployee who is covered by this section and who is paid from a schedule that was not in existence on September 30, 1990, shall be determined under regulations prescribed by the Office of Personnel Management. (d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1990, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section. (e) The provisions of this section shall apply with respect to pay Wages. for services performed by any affected employee on or after Effective date. October 1,1990. (f) For the purpose of administering any provision of law, includ- Employee ing section 8431 of title 5, United States Code, or any rule or ^ê*"^* P^^^regulation that provides premium pay, retirement, life insurance, or any other employee benefit, that requires any deduction or contribution, or that imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. (g) Nothing in this section may be construed to permit or require the pajonent to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.
104 STAT. 1474
(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. SEC. 613. None of the funds made available in this Act may be used to plan, implement, or administer (1) any reduction in the number of regions, districts or entry processing locations of the United States Customs Service; or (2) any consolidation or centralization of duty assessment or appraisement functions of any offices in the United States Customs Service. SEC. 614. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on Appropriations of the House and Senate. SEC. 615. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee. Reports. SEC. 616. (a) Notwithstanding the provisions of sections 112 and 5 use note prec. 113 of title 3, United States Code, each Executive agency detailing 3341. any personnel shall submit a report on an annual basis in each fiscal year to the Senate and House Committees on Appropriations on all employees or members of the armed services detailed to Executive agencies, listing the grade, position, and offices of each person detailed and the agency to which each such person is detailed. (b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from (1) the Central Intelligence Agency; (2) the National Security Agency; (3) the Defense Intelligence Agency; (4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissince programs; (5) the Bureau of Intelligence and Research of the Department of State; (6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of the Treasury, and the Department of Energy performing intelligence functions; and (7) the Director of Central Intelligence. (c) The exemptions in part 0)) of this section are not intended to apply to information on the use of personnel detailed to or from the intelligence agencies which is currently being supplied to the Senate and House Intelligence and Appropriations Committees by the executive branch through budget justification materials and other reports. (d) For the purposes of this section, the term "Executive agency" has the same meaning as defined under section 105 of title 5, United States Code (except that the provisions of section 104(2) of title 5, United States Code shall not apply) and includes the White House
104 STAT. 1475
Office, the Executive Residence, and any office, council, or organizational unit of the Executive Office of the President. SEC. 617. No funds appropriated in this or any other Act for fiscal year 1991 may be used to implement or enforce the gigreements in Standard Forms 312 and 4355 of the Grovemment or any other nondisclosure policy, form or agreement if such policy, form or agreement does not contain the following provisions: "These restrictions are consistent with and do not supersede conflict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12356; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(bX8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents), and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statutes are incorporated into this Agreement and are controlling.". SEC. 618. (a) Notwithstanding any other provision of law, in the Wages. case of fiscal year 1991, the overall average percentage of the 5 USC 5303 note. adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 4.1 percent. (b) Any increase in a pay rate or schedule which takes effect under such section 5305 in fiscal year 1991 (in accordance with subsection (a)) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1991. SEC. 619. Notwithstanding any other provision of law, no executive branch sigency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations to be used for the purpose of conducting Federal law enforcement training without the advance approval of the House and Senate Committees on Appropriations. SEC. 620. None of the funds appropriated by this or any other Act may be expended by any Federal agency to procure any product or service that is subject to the provisions of Public Law 89-306 and that will be available under the procurement by the Administrator of General Services known as "FTS2000" unless (1) such product or service is procured by the Administrator of General Services as part of the procurement known as "FTS2000"; or (2) that agency establishes to the satisfaction of the Administrator of General Services that (A) the agency's requirements for such procurement are unique and cannot be satisfied by property and service procured by the Administrator of General Services as part of the procurement known as "FTS2000"; and
104 STAT. 1476
Drug abuse. Government employees.
New Ck>llege of California, Inc. Public lands.
(B) the agency procurement, pursuant to such delegation, would be cost-effective and would not adversely affect the cost-effectiveness of the FTS2000 procurement. SEC. 621. No department, agency, or instrumentality of the United States receiving appropriated funds under this Act for fiscal year 1991, or under any other Act appropriating funds for fiscal year 1991, shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality. SEC. 622. (a) No amount of any grant made by a Federal agency shall be used to finance the acquisition of goods or services (including construction services) unless the recipient of the grant gigrees, as a condition for the receipt of such grant, to (1) specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition; and (2) express the amount announced pursuant to paragraph (1) as a percentage of the total costs of the planned acquisition. (b) The requirements of subsection (a) shall not apply to a procurement for goods or services (including construction services) that has an aggregate value of less than $500,000. SEC. 623. Notwithstanding section 1346 of title 31, United States Code, or section 608 of this Act, funds made available for fiscal year 1991 by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order Numbered 12472 (April 3,1984). SEC. 624. Notwithstanding any provisions of this Act or any other Act, during the fiscal year ending September 30, 1991, any department, division, bureau, or office participating in the Federal Flexiplace Project may use funds appropriated in this or any other Act to install telephone lines, necessary equipment, and pay monthly charges, in any private residence or private apartment: Provided, That the head of the department, division, bureau, or office certifies that adequate safeguards against private misuse exist, and that the service is necessary for direct support of the agency's mission. SEC. 625. Notwithstanding the provisions of the Act of September 13, 1982 (Public Law 97-258, 31 U.S.C. 1345), any agency, department or instrumentality of the United States which provides or proposes to provide child care services for Federal employees may reimburse any Federal employee or any person employed to provide such services for travel, transportation and subsistence expenses incurred for training classes, conferences or other meetings in connection with the provision of such services: Provided, That any per diem allowance made pursuant to this section shall not exceed the rate specified in regulations prescribed pursuant to section 5707 of title 5, United States Code. SEC. 626. (a) Notwithstanding any other provision of law, the Secretary of Education, by appropriate release instrument, shall release New College of California, Inc., from the requirement not to
104 STAT. 1477
mortgage, or encumber the property as specified in condition subsequent No. 2 as set forth at page 3 of that quitclaim Deed dated April 14, 1975, wherein the United States of America conveyed to New College of California, Inc., certain real property identified in that deed instrument. The intent purpose of such release and waiver being to enable New College of California, Inc., to secure needed financing for repairs to the facility, as identified in paragraph (b) necessitated by earthquake activity of October, 1989; such purpose to be included in the instrument releasing the requirement not to mortgage. (b) The property, sometimes known as 50 Fell Street, is described as: A parcel of land situated in the City and County of San Francisco, State of California, said parcel being described in the Judgment on Declaration of Taking entered 11 March 1946 in Civil Action No. 25791 in the District Court of the United States in and for the Northern District of California, Southern Division, which was filed March 22, 1946, in the Office of the Recorder, City and County of San Francisco, California. Beginning at a point on the northerly line of Fell Street distant therefrom 100 feet easterly from the easterly line of Van Ness Avenue and running thence easterly along said line of Fell Street 109 feet; thence at a right angle northerly 120 feet; thence at a right angle westerly 109 feet; thence at a right angle southerly 120 feet to the Point of Beginning, being a portion of Western Addition, Block No. 69, and known on the assessor's map as Lot 10, Block 814, City and County of San Francisco, California. SEC. 627. (a) Agencies receiving funds appropriated by any Act and which award contracts under the Federal Acquisition Regulations shall provide to the General Accounting Office during October 1991, the following information for contracts awarded during fiscal year 1991 (1) the number and total dollar value of contracts awarded which required bonding of the contractors; (2) the number and total dollar value of contracts for which individual sureties were used to meet the bonding requirements; (3) the number of defaults by contractors using individual sureties and percentage they represent of total defaults; (4) the number of individual sureties who defaulted on their obligation and the total dollar value of such defaults; and (5) the number of contracts awarded to Minority Business Enterprises which required bonding of contractors and the number of these which used individual sureties to meet the bonding requirements. GJ) The General Accounting Office shall compile the information collected under subsection (a) and provide a report to the Senate and House Appropriations Committees no later than April 1, 1992. Such report shsdl include (1) the percentage of contracts for which individual sureties were used to meet bonding requirements; (2) the percentage of total defaults by contractors using individual sureties; (3) the percentage of individual sureties which default on their obligations; and (4) the percentage of contracts awarded to Minority Business Enterprises for which individual sureties were used to meet bonding requirements.
Government contracts.
Reports.
104 STAT. 1478
5 u s e note prec. 7901.
Reports. Government employees. Wages. Repeal. Iraq. Kuwait.
SEC. 628. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from (1) the Central Intelligence Agency; (2) the National Security Agency; (3) the Defense Intelligence Agency; (4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (5) the Bureau of Intelligence and Research of the Department of State; (6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of the Treasury, and the Department of Energy performing intelligence functions; and (7) the Director of Central Intelligence. SEC. 629. (a) A Federal agency may participate in any program established by a State or local government that encourages employees to use public transportation. Such programs may involve the sale of discounted transit passes or other incentives that reduce the cost to the employee of using public transportation. Qo) Notwithstanding the provisions of section 5536 of title 5, United States Code, or any other provision of law, an employee may participate in a program described under subsection (a). (cXD For purposes of this section the term "Federal agency" shall mean an Executive agency as defined under section 105 of title 5, United States Code, and shall include any agency of the legislative or judicial branch of Government. (2) For purposes of subsection Ot)), the term "employee" shall mean an employee as defined under section 2105 of title 5, United States Code, and shall include an employee of any legislative or judicial agency. (d) No later than June 30, 1993, the (Jeneral Accounting Office shall conduct a study and submit a report on the implementation of programs under subsection (a) and the employees (including information of the employing agencies and rates of pay of such employees) who have participated in such programs. (e) The provisions of this section are repealed effective December 31,1993. SEC. 630. (a) The Senate finds that (1) democracy and freedom of the independent Arab nations have been threatened by the invasion and illegal annexation of Kuwait by the Government of the Republic of Iraq; (2) the safety of American citizens and those of other countries have been directly threatened by the decision of the Government of Iraq to move them and use them as "human shields" at strategic defense and industrial installations;
104 STAT. 1479 Oil imports.
(3) the stability of world oil production and marketing has been threatened by the illegal Iraqi seizure of Kuwaiti ports and oil production facilities; (4) the United Nations has condemned Iraq's invasion of Kuwait, has voted to impose an economic embargo on Iraq, and has declared null and void the annexation of Kuwait; (5) the United Nations Security Council has approved the use of appropriate military force by individual nations to enforce United Nations sanctions; (6) the President of the United States has taken the lead in unifying world opinion and directing international efforts against the Iraqi aggression and in defense of Saudi Arabia and the other Gulf states; (7) a majority of Arab nations have condemned Iraq's actions and have supported Arab military and diplomatic efforts to defend the Gulf states and to ensure Iraq's withdrawal from Kuwait; (8) the United States is deplojdng tens of thousands of American troops and military hardware to the Persian Gulf in defense of the strategic interests of the United States in the region at costs estimated to be in excess of $40 million a day, during a time of an increasing budget deficit; (9) a principle position of the United States and its NATO and major non-NATO allies is one of burdensharing in the collective defense of the Western alliance; (10) the Senate and the American people are deeply concerned about the need for a reduced budget deficit and improved economic growth; and (11) President George Bush has announced his intention to develop an economic action plan under which nations benefitting from the economic embargo and the military actions in the Persian Gulf assist those nations which are committing their military personnel and materiel to support these United Nations actions. (b) It is the sense of the Senate that (1) the President of the United States should be congratulated for taking the diplomatic initiative to encourage other nations to share the international financial burden of the defense of Saudi Arabia; and (2) the President of the United States (A) in consultation with the allies of the United States in the Persian Gulf defense operation, should (i) take steps to ensure that United States allies are sharing an appropriate portion of the collective defense of their interests in the Gulf; (ii) take steps to ensure that those allies who are precluded from any overt military participation in the Gulf, or who decide against participating in these defensive actions, or who only provide minimal participation are assuming an appropriate financial share of the collective defense commensurate with their national means; and (iii) take steps to ensure that those oil producing nations which may benefit from increased individual oil production and world oil prices as a result of the embargo of Iraqi and Kuwaiti oil proportionally share the burden of the costs of the embargo, either directly
President.
Armed Forces.
President.
104 STAT. 1480
Military personnel.
39 u s e 3401
with those nations providing the defense, or by equivalent "inkind" payments, or by assuming some of the other international financial burdens of the major defense-providing nations; (B) in concert with the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, and the Director of the Office of Maneigement and Budget, shall consult with CJongress on the steps the President is taking to meet the goals enumerated in subparagraph (A) and shall provide a report to the Congress no later than November 30, 1990, detailing the progress of such steps to date; (C) during his consultations with other international leaders, should consider stressing, among other points, that failure by any country to actively contribute in the most appropriate manner for that country could have a detrimental impact on its bilateral relationship with the United States; and (D) should also inform Congress of any legislative initiatives which need to be taken to meet the goals enumerated in subparagraphs (A) through (C). SEC. 631. (a) Section 3401(a) of title 39, United States Code, is amended in clause (1)(A) by striking out "or" the first time it appears in such clause and inserting ", or temporarily deployed overseas for an operational contingency in arduous circumstances, as determined by the Secretary of Defense" after "belligerent". (b) This section shall apply to military personnel participating in "Operation Desert Shield".
SEC. 632. CONVENTION ON THE RIGHTS OF THE CHILD.(a) FIND-
"^
INGS.The Senate finds that (1) the future peace and prosperity of all nations depend upon the good health and well-being of the world's children; (2) the Congress has long recognized the vulnerability of children and has enacted numerous laws that afford them special protections in this country; (3) similar protections for children are either totally lacking or inadequately enforced in much of the world; (4) in part as a result of this lack of protection, millions of children are threatened daily by poverty, malnutrition, homelessness, exploitation and abuse, depriving both family and society of their productivity and potential; (5) the Child Survival and Development Revolution, launched in 1982 to attack the root causes of infant mortality and child ill-health through low-cost means such as universal child immunization and oral rehydration therapy, is saving the lives of more than 3,000,000 children each year and has demonstrated that the number of child deaths can be reduced significantly if available resources are used appropriately; (6) despite these gains and an emerging international consensus about the importance of protecting children, children both here and abroad will continue to face poverty, sickness, Eind ill-treatment. (7) on November 20, 1989, the United States and other members of the United Nations unanimously endorsed the Convention on the Rights of the Child and urged national governments to ratify the Convention and make possible its application as international law;
104 STAT. 1481
(8) this Convention, if implemented, will help establish universal legal standards for the care and protection of children against neglect, exploitation, and abuse; (9) the United States Government, scores of private voluntary organizations, and hundreds of American citizens were actively involved in the drafting of this Convention; and (10) the United States must continue plajdng a leading role in the implementation of the Convention to ensure that it becomes a force for improving the lot of children, both in this country and abroad. GJ) SENSE OF THE SENATE.It is the sense of the Senate that the issue of children's rights and their well-being is important both to the United States and the world at large and that, in consideration thereof, the President should promptly seek the advice and consent of the Senate to the ratification of the Convention on the Rights of the Child, adopted by the United Nations with the support of the United States on November 29,1989.
DISCRETIONARY AUTHORITY PROVISION SEC. 633. METHOD FOR MAKING ANNUAL ADJUSTMENTS TO PAY SCHEDULES IN FISCAL YEARS 1992,1993, AND 1994. 5 USC 5303 note.
(a) I N GENERAL.Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 Eind any provision of law amended by such Act), for purposes of any adjustment scheduled to take effect under section 5303 of title 5, United States Code (as amended by section 101) during the period beginning on October 1, 1991, and ending on September 30, 1994, the provisions of section 5303 of such title (as so amended) shall be applied in accordance with the following: (1) For purposes of the adjustment taking effect in each of fiscal years 1992 and 1993, respectively, deem subsection (a) to be amended by striking "one-half of 1 percentage point less than". (2) Deem subsection (b) to be amended as follows: (A) In paragraph (1), strike " i f and all that follows thereafter through "welfare," and insert "Subject to paragraph (2), if'. (B) Redesignate paragraphs (2) and (3) as paragraphs (3) and (4), respectively, (C) Insert after paragraph (1) the following: "(2) Authority to provide alternative pay adjustments under this subsection in any year may not be exercised except in accordance with the following: "(A) If the adjustment which (but for this subsection) would otherwise take effect under this section in a fiscal year would be 5 percent or less, no reduction may be made unless necessary because a state of war or severe economic conditions exist. "(B) If the adjustment which (but for this subsection) would otherwise take effect under this section in a fiscal year would be greater than 5 percent, no reduction may be made "(i) to a level of 5 percent or greater, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or "(ii) to a level of less than 5 percent, unless necessary because of either of the reasons set forth in subparagraph (A).".
39-194 O - 91 - 5 : QL 3 Part 3
104 STAT. 1482
(D) Add after paragraph (4) (as so redesignated by subparagraph (B) the following: "(5) For the purpose of this subsection, 'severe economic conditions' shall be considered to exist relative to an adjustment scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP.". (b) REFERENCES.Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 and any provision of law amended made by such Act), effective for purposes of uiy pay adjustment scheduled to take effect during the period described in subsection (a), any reference in a provision of law to section 5303 of title 5, United States Code, as amended by section 101 (or to the effective date of a pay adjustment, the size of an adjustment, a rate payable after an adjustment, or other related matter under such section 5303) shall be considered a reference to such section as applied in accordance with this section (or to the corresponding matter, as determined under such section 5303, as applied in accordance with this section).
5 u s e 5304a note. SEC. 634. SPECIAL RULE RELATING TO COMPARABILITY PAYMENTS IN 1994.
Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 and any provision of law amended by such Act), for purposes of any comparability pa3mients scheduled to take effect under section 5304 of title 5, United States (Uode (as amended by such Act) during calendar year 1994 (1) deem section 5304a of such title (as so amended) to be amended as follows: (A) in subsection (a), strike " I f and all that follows thereafter through "welfare," and insert "Subject to subsection (c), if'; and (B) add after subsection (b) the following: "(cXl) For the purpose of this section "(A) the 'threshold amount' is $1,800,000,000; and "(B) 'severe economic conditions' shall be considered to exist relative to comparability pajmients scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP. "(2) Authority under this section to provide an alternative level of comparability pa3anents in any year may not be exercised except in accordance with the following: "(A) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be equal to the threshold amount or less, no alternative level may be fixed under this section unless necessary because a state of war or severe economic conditions exist. "(B) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be greater than the threshold amount, no alternative level may be fixed "(i) at a level which would result in an estimated cost equal to or greater than the threshold amount, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or
104 STAT. 1483
"(ii) at a level which would result in an estimated cost less than the threshold amount, unless necessary because of either of the reasons set forth in subparagraph (A). "(dXl) The President's agent (as referred to in section 5304(d)) shall develop and include in the appropriate report under section 5304(dXl) the methodology for estimating any costs under this section, and any estimate under this section shall be in accordance with such methodology. "(2) In making any estimate under this section, costs attributable to any authority under section 5304(h) may not be taken into account."; and (2) the President's pay agent (referred to in section 5304(d) of such title, as so amended) may use appropriate estimates in lieu of BLS survey data if such data is not available for use in preparing the agent's report with respect to comparability payments payable during calendar year 1994. SEC. 635. (a) The Ck)ngress finds that (1) President Saddam Hussein of Iraq has attempted to evade the consequences of his illegal invasion of Kuwait by the taking of civilian hostages; (2) Saddam Hussein has violated standards of civilized conduct by willfully seeking to endanger the lives of foreign civilians in Kuwait and Iraq; (3) He has further violated international diplomatic practice by laying siege to Western embassies in Kuwait; (4) Iraq's conduct both at home and on the battlefield during the recent war with Iran has demonstrated a willingness to use the most barbaric methods of warfare, including the gassing of civilian women and children; (5) The Nuremberg principles, while denying national guilt for acts of war, do also stipulate that individual leaders may be held responsible for violations of the conventions of war and of civilized behavior; (6) The taking of hostages, the use of gas, the terrorizing of civilians and diplomats, and other such acts in both peace and war have long been considered crimes against humanity for which prosecution is justifiable. (b) It is the sense of the Senate that in the event of hostilities between the United States and the government of Iraq it shall be the policy of the United States to pursue Saddam Hussein, other Iraqi leaders, and other such perpetrators as may be determined responsible in order to bring them to justice as war criminals, and to seek their prosecution and punishment under the auspices of an international tribunal with relevant jurisdiction.
Saddam Hussein. Iraq. Kuwait.
104 STAT. 1484
This Act may be cited as the "Treasury, Postal Service and General Government Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5241: HOUSE REPORTS: No. 101-589 (Comm. on Appropriations) and No. 101-906 (Comm. of Conference). SENATE REPORTS: No. 101-411 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): July 13, considered and passed House. Sept. 10, 11, considered and passed Senate, amended. Oct. 22, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Oct. 28, Senate agreed to conference ' report; concurred in certain House amendments, in another with an amendment. Oct. 24, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
PUBLIC LAW 101-510NOV. 5, 1990 Public Law 101-510 101st Congress An Act
104 STAT. 1485
To authorize appropriations for fiscal year 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.
Nov. 5, 1990 [H.R. 4739]
Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,
SECTION 1. SHORT TITLE
of the National
Defense Authorization
This Act may be cited as the "National Defense Authorization Act for Fiscal Year 1991".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS
Year 1991
(a) DIVISIONS.This Act is organized into four divisions as follows: (1) Division ADepartment of Defense Authorizations. (2) Division BMilitary Construction Authorizations. (3) Division CDepartment of Energy National Security Authorizations and Other Authorizations. (4) Division DEconomic Adjustment, Diversification, Conversion, and Stabilization. Ob) TABLE OF CONTENTS.The table of contents for this Act is as follows:
Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees defined. DIVISION ADEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE IPROCUREMENT
PART AFUNDING AUTHORIZATIONS
Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.
101. 102. 103. 104. 105. 106. 107. 108. 109.
Army. Navy and Marine Corps. Air Force. Defense Agencies. Defense Inspector Gteneral. Reserve components. Chemical demilitarization program. Multiyear authorizations. Repeal of prior milestone authorizations.
. \ *
PART BB-2 AIRCRAFT PROGRAM
Sec. 121. Limitation on obligations.

PART COTHER STRATEGIC PROGRAMS
Sec. Sec. Sec. Sec.
SRAM II missile program. Ground-wave emergency network. B-IB Aircraft program. Prohibition on obligation or expenditure of fiscal year 1990 funds for MX Rail Garrison procurement. Sec. 135. Report on alternative MX missile test plans. Sec. 136. Limitation on advance procurement of advanced cruise missile. Sec. 137. Limitation on obligation of funds for KC-135R aircraft program.
131. 132. 133. 134.
104 STAT. 1486

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 141. 142. 143. 144. 151. 152. 153. 154. 155. 156. 157. 161. 162. 163. 164.

PART DARMY PROGRAMS
ADATS missile system. M-1 Abrams tank program. Procurement of AHIP Scout helicopters. Provision of CH-47 aircraft for the Army National Guard.
PART ENAVY AND MARINE CORPS PROGRAMS
A-12 edrcraft progreun. V-22 aircraft program. Procurement of MlAl main battle tanks for the Marine Corps. Policy for SSN-21 submarine procurement. MH-53 minesweeper helicopter. AH-IW helicopters. Laboratory equipment for Navy industrial-fund activities.
PART FNONSTRATEGIC AIR FORCE PROGRAMS
C-17 Aircraft program funding and limitations for fiscal year 1991. Tacit Rmnbow program. Chemical-biological collective protection systems. Re-engining for certain reconnaissance aircraft.
PART GCHEMICAL MUNITIONS
Sec. 171. Annual report on safety of chemicd weapons stockpile. Sec. 172. Funding clarification for chemical weapons stockpile disposal program. Sec. 173. Chemical weapons stockpile safety contingency plan.
PART HOTHER PROGRAMS
Sec. 181. Program terminations. Sec. 182. Limitations on electronic warfare procurement. TITLE IIRESEARCH, DEVELOPMENT, TEST, AND EVALUATION
PART AAUTHORIZATIONS
Sec. 201. Authorization of appropriations. Sec. 202. Amounts for beisic research and exploratory development.
PART BPROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.
211. 212. 213. 214. 215. 216. 217. 218.
V-22 Osprey aircraft program. Army scout attack helicopter program. Advanced Tactical Fighter program. Armored gun system. Fleet electronic warfare support group. Vandenberg Air Force Base Titan IV launch facility. Advanced communications satellite relay system. Prohibition on testing Mid-Infrared Advanced Chemical Laser Against an object in space.
PART CSTRATEGIC DEFENSE INITIATIVE
Sec. 221. Strategic Defense Initiative Program structure and limitations on spending. Sec. 222. Limitation on development and testing of anti-ballistic missile systems or components. Sec. 223. Prohibition on operational test and evaluation of strategic defense systems. Sec. 224. Boost surveillance and tracking system. Sec. 225. Theater missile defense programs.
PART DSTRATEGIC PROGRAMS
Sec. 231. Funding and sense of Congress for ICBM Modernization program. Sec. 232. Depres^d trajectory ballistic missiles and other short-time-of-flight ballistic missiles.
PART EOTHER MATTERS
Sec. 241. Biological Defense Research Program. Sec. 242. Funding for facility for collaborative research and training for military medicd personnel. Sec. 243. Grant for an institute for advanced science and technology. Sec. 244. Support for Advanced Research Projects.
104 STAT. 1487
Sec. 245. C!ompetition in contracting for computers and software. Sec. 246. Advisory commission on consolidation and conversion of defense research and development laboratories. Sec. 247. National defense science and engineering education. Sec. 248. Establishment of Department of Defense technology office in Japan. Sec. 249. Grant for study and analysis of the Soviet Union and certain other countries. TITLE mOPERATION AND MAINTENANCE
PART AAUTHORIZATION OF APPROPRIATIONS
Sec. Sec. Sec. Sec.
Operation and maintenance funding. Working capital funds. Humanitarian assistance. Assistance to the 1990 Winter World Series Torch Run and the 1991 Freestyle World Championships. Sec. 305. Extended cold weather clothing systems.
PART BLIMITATIONS
301. 302. 303. 304.
Sec. 311. Limitation on obligations against stock funds. Sec. 312. Prohibition on mansigement of civilian personnel by end strengths during fiscal year 1991.
PART CCHANGES TO EXISTING LAW
Sec. 321. Commissary and other privileges for certain members of a reserve component and certain other persons. Sec. 322. Guidelines for future reductions of civilian employees of industried-type or commercial-type activities. Sec. 323. Inventory management policies. Sec. 324. Expansion of authority to donate food to charitable nonprofit food banks. Sec. 325. Authority to exchange property for services in connection with historical collections. Sec. 326. Authority to furnish transportation in certain areas outside the United States. Sec. 327. Authorization for certain bands of the armed forces to produce recordings for commercial sale. Sec. 328. Army program to promote civilian marksmanship. Sec. 329. Ships' stores. Sec. 330. Operation of the Inter-American Air Forces Academy. Sec. 331. Assistance program for employees of a nonappropriated fund instrumentedity adversely affected by base closures.
PART DENVIRONMENTAL PROVISIONS
Sec. 341. Additional requirements for environmental report. Sec. 342. Reporting requirements on environment compliance at overseas military installations. Sec. 343. Extension of date for completion of study on waste recycling. Sec. 344. Environmental education program for Department of Defense personnel. Sec. 345. Use of ozone depleting substances within the Department of Defense. Sec. 346. Prohibition on purchases of performance bonds and similar guaranties.
PART EMISCELLANEOUS
Sec. 351. Continuation of Air Force hurricane reconnaissance mission. Sec. 352. Army Reliability Centered-Inspect and Repair Only As Necessary Program at Anniston Army Depot. Sec. 353. Validation of payments under certfun contracts for the provision of municipal services. Sec. 354. Maintenance of flrefighting and other emergency services at military installations in the United States. Sec. 355. Staff of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Sec. 356. Discussions concerning Department of Defense support for 1996 Summer Olympics. Sec. 357. Sense of Congress the transfer to Europe of military equipment that would be destroyed and removed as a result of an arms control agreement.
PART FSTUDIES AND REPORTS
Sec. 361. Authorization for short-term lease of aircraft for initial entry rotary wing pilot training and study regarding long-term lease. Sec. 362. Flexible readiness.
104 STAT. 1488
Sec. 363. Report on establishing new Naval Reserve Training Center at Newport, Rhode Island. Sec. 364. Report on the transportation of chemical weapons from the Federal Republic of Germany to Johnston Island. TITLE IVMILITARY PERSONNEL AUTHORIZATIONS
PART AACTIVE FORCES
End strengths for active forces. Uniform process for implementing reductions in strength. Authorized strength for general and flag officers on active duty. Reduction for fiscal year 1992 in number of active duty Air Force colonels. Exemption from grade accountability for certain three-star general and flag officer positions. Sec. 406. Reduction in the authorized end strength for the number of military personnel in Europe.
PART BRESERVE FORCES
Sec. Sec. Sec. Sec. Sec.
401. 402. 403. 404. 405.
Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
PART CMILITARY TRAINING STUDENT LOADS
Sec. 421. Authorization of training student loads.

PART DOTHER PERSONNEL STRENGTH MATTERS
Sec. 431. Report on cadre concept. TITLE VMILITARY PERSONNEL

PART APERSONNEL READJUSTMENT BENEFITS
Sec. 501. Separation pay. Sec. 502. Other transition benefits and services. Sec. 503. Travel and transportation allowances relating to members involuntarily separated. Sec. 504. Continuation of enrollment in schools of the defense dependents' education system for dependents of members involuntarily separated.
PART BDEFENSE OFFICER PERSONNEL MANAGEMENT POUCIES
Sec. 521. Officer retention flexibility. Sec. 522. Reduction in time-in-grade requirement for retention of grade upon voluntary retirement. Sec. 523. Required length of commissioned service for voluntary retirement as an officer. Sec. 524. Report on initial appointment of all officers as Reserve officers and on the appropriate active duty obligation of graduates of the service academies.
PART COFFICER EDUCATION AND TRAINING
Sec. 531. Reduction in the number of appointments for the class of a service academy entering in 1991 and in 1995. Sec. 532. Repeal of authority of Administrator of Panama Canal Commission to nominate cadets and midshipmen. Sec. 533. Modification of the ten-year service obligation for graduates of the Uniformed Services University of the Health Sciences. Sec. 534. Advanced educational assistance.
PART DMILITARY JUSTICE AMENDMENTS
Sec. 541. Clarification of certain provisions in Uniform Code of Military Justice.

PART EMISCELLANEOUS
Sec. 551. Services by notaries public. Sec. 552. Meaning of the term "office" under section 20710)) of title 18, United States Code. Sec. 553. Extension to Coast Guard of law providing for identification, treatment, and rehabilitation of members of the Armed Forces who are dependent on drugs or alcohol. Sec. 554. Advisory committee on mental health evaluation protections. Sec. 555. Amendments to the Uniformed Services Former Spouses' Protection Act. Sec. 556. Authority for commissioned officers to serve on independent school boards.
104 STAT. 1489
Sec. 557. Navy rations. Sec. 558. Report regarding requirement for duty in support of National Guard and Reserves. Sec. 559. Prohibition on certain reserve service.
PART FMONTGOMERY G I BILL
Sec. 561. Opportunity for certain personnel to enroll in Montgomery GI bill before being involuntarily separated from service. Sec. 562. Clarifying amendments to Montgomery GI bill active duty program. Sec. 563. Participation of certain National Guard personnel in Montgomery GI bill. TITLE VICOMPENSATION AND OTHER PERSONNEL BENEFITS
PART APAY AND ALLOWANCES
Sec. 601. Military pay raise for fiscal year 1991. Sec. 602. Modification of limitation on adjustments in variable housing allowance.
PART BBONUSES AND SPECIAL AND INCENTIVE PAY
Sec. Sec. Sec. Sec.
611. 612. 613. 614.
Sec. 615. Sec. 616. Sec. 617. Sec. 618.
Multiyear medical officer retention bonus. Increase in physician special pay for officers in a pay grade above 0-6. Extension of nurse incentive programs. Extension of special pay for nurse anesthetists to other nursing specialties. Authority to terminate selective reenlistment bonus payments. Extension of special pay for critically short wartime health specialists in the Selected Reserve. Retention bonus for optometrists. Provision of board certification special pay for nonphysician health care providers.
PART CTRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 621. Permanent authority to pay members for labor furnished in connection with the transportation of baggage and household goods. Sec. 622. Baggage and household weight allowance for cadets and midshipmen.
PART DMISCELLANEOUS
Sec. 631. Delay in effective date of optional high-tier Survivor Benefit Plan coverage and open enrollment period. TITLE VIIHEALTH CARE PROVISIONS
PART AHEALTH CARE SERVICES
Sec. 701. Provision of pap smears and mammograms under CHAMPUS. Sec. 702. Repeal of the limitation on the pajonent of services of marriage and family therapists as a medical expense. Sec. 703. Mental health services.
PART BHEALTH CARE MANAGEMENT
Sec. 711. Limitation on reductions in medical personnel. Sec. 712. Increase in annual deductibles under CHAMPUS for certain covered beneficiaries. Sec. 713. Collection from third-party payers of reasonable costs of health care services incurred on behalf of retired persons and dependents. Sec. 714. Increase in the pay limit for personal services contracts for direct health care providers. Sec. 715. Conditions on expansion of CHAMPUS reform initiative. Sec. 716. Requirements prior to termination of medical services at military medical treatment facilities. Sec. 717. Limitation on awarding contract for full production of medical information systems. Sec. 718. Uniformed Services Treatment Facilities. TITLE VIIIACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
PART AACQUISITION MANAGEMENT IMPROVEMENT
Sec. 800. Advisory panel on streamlining and codifjdng acquisition laws. Sec. 801. Authority governing operation of working-capital funded activities. Sec. 802. Procedures for contract solicitation and evaluation.
104 STAT. 1490
Sec. 803. Certified cost or pricing data threshold. Sec. 804. Repeal of requirements relating to commercial pricing for spare or repair parts. Sec. 805. Competitive alternative source requirement. Sec. 806. Uniform small purchase threshold for various requirements applicable to Federal Grovemment contractors. Sec. 807. Membership on Federal Acquisition Regulatory Council. Sec. 808. Procedures applicable to multiyear procurement contracts. Sec. 809. Major defense acquisition pilot program. Sec. 810. Acquisition of commercial products.
PART BMODIFICATIONS TO EXISTING LAW
Sec. Sec. Sec. Sec.
ClariHcation of small business concerns covered by section 1207. Additional prohibition on convicted individuals. Disclosure requirement relating to subcontractors. Authority to use funds for administrative costs of procurement technical assistance prc^ram. Sec. 815. Post-employment rules.
PART CDEFENSE INDUSTRIAL AND TECHNOLOGY BASE
811. 812. 813. 814.
821. 822. 823. 824. 825. 826. 827. 828.
Annual defense critical technologies plan. Critical Technologies Institute. Manufacturing technology. Independent research and development enhancement. Annual report on activities relating to defense industrial base. Defense industrial base for textile and apparel products. Use of partnership intermediaries. Technology transfer contract provisions.
PART DMISCELLANEOUS
Sec. 831. Mentor-protege pilot program. Sec. 832. Enhancing participation of historically Black colleges and universities and minority institutions in defense research. Sec. 833. Equal employment opportunities relating to an Army contract. Sec. 834. Evaluation of contracts for professional and technical services. Sec. 835. Requirement to use domestically manufactured carbonyl iron powders. Sec. 836. Reduction or suspension of contract pajrments upon finding of fraud. Sec. 837. Defense contractor requirements with respect to employees who communicate with government officials. TITLE IXDEPARTME^^^ OF DEFENSE ORGANIZATION AND MANAGEMENT MATTERS
PART AGENERAL MANAGEMENT MATTERS
Sec. Sec. Sec. Sec. Sec. Sec.
901. 902. 903. 904. 905. 906.
Sec. 907. Sec. 908. Sec. 909. Sec. 910.
National military strategy reports. Joint staff. Army Reserve Command. Security investigations. Twenty percent reduction in defense acquisition workforce. Reduction in personnel assigned to management headquarters activities and headquarters support activities. Intelligence priorities and reorganization. Additional funding for unified and specified combatant commands for fiscal year 1991. Study and plan regarding mobility requirements. Elimination of statutory position of Chief of Naveil Research.
PART BPROFESSIONAL MILITARY EDUCATION
Sec. 911. Preparation of budget requests for operation of professional military education schools. Sec. 912. Authority of Naval War College to confer degree of master of arts in national security and strategic studies.
PART CCONTRACTING OUT
Sec. 921. Continuation of authority of base commanders over contracting for commercial activities. Sec. 922. Authorization of pilot program for depot maintenance workload competition.

104 STAT. 1491
TITLE XDRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 1001. Drug interdiction and counter-drug activities funding. 1002. Over-the-horizon radar. 1003. Civil air patrol. 1004. Additional support for counter-drug activities. 1005. Transfer of excess defense articles. 1006. Sense of Congress regarding the effective use of counter-drug funds. 1007. Report on defense spending for counter-drug activities. 1008. Study of utility of OH-58D helicopter in detection of cross-border intrusions by drug smugglers. Sec. 1009. Andean anti-drug efforts. Sec. 1010. Creation of a multilateral counter-drug strike force. Sec. 1011. Counter-Drug Technology Assessment Center. TITLE XIOPERATION DESERT SHIELD
PART AFUNDING MATTERS
Sec. 1101. Supplemental funds for fiscal year 1990. Sec. 1102. Accounting for costs of Operation Desert Shield.
PART BMILITARY PERSONNEL MATTERS
Sec. 1111. Military pay and allowances. Sec. 1112. Sense of Congress concerning activation of National Guard Combat Brigade. Sec. 1113. Technical amendment concerning mailing privileges for members of the Armed Forces participating in operation desert shield. Sec. 1114. Savings program for overseas personnel. Sec. 1115. Treatment of accumulated leave. Sec. 1116. Report on options for reforming the basic edlowance for subsistence entitlement. Sec. 1117. End strength flexibility.
PART CPROCUREMEI' MATTERS
Sec. 1121. Procurement flexibility for small purchases. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1201. 1202. 1203. 1204. 1205. 1206. 1207. 1208. 1209. 1210. 1211. TITLE XIIDEFENSE ACQUISITION WORKFORCE Short title. Defense acquisition workforce. Special pay for certain officers holding critical acquisition positions. Etefinition of service acquisition executive. Defense acquisition university structure. Acquisition workforce enhancements. Repeal of certain provisions. Evaluation by Comptroller General. Transition provisions. Regulations. Effective date. TITLE XIIIREDUCTION IN REPORTING REQUIREMENTS
PART AREPEAL OF EXISTING REPORT REQUIREMENTS
Sec. 1301. Reports required by title, United States Code. Sec. 1302. Reports and notifications required by annual authorization Acts. Sec. 1303. Reports required by other laws.
PART BMODIFICATIONS TO EXISTING REPORT REQUIREMENTS
Sec. 1311. Reports required by title 10, United States Code. Sec. 1312. Reports required by annual authorization Acts.
PART CREPORT PROVISIONS PREVIOUSLY TERMINATED BY GOLDWATER-NICHOLS ACT
Sec. 1321. Purpose. Sec. 1322. Repeal of statutory provisions terminated by Groldwater-Nichols Act. Sec. 1323. Restoration of certain reporting requirements of title 10, United States Code, terminated by Goldwater-Nichols Act. Sec. 1324. Repeal of Groldwater-Nichols reports termination section.
PART DCLERICAL AMENDMENTS
Sec. 1331. Clerical amendments.
104 STAT. 1492

TITLE XIVGENERAL PROVISIONS
PART AFINANCIAL AND BUDGET MATTERS
Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.
Transfer authority. Annual multiyear defense plan. Multiyear National Foreign Intelligence Program. Mission oriented presentation of Department of Defense matters in the budget. 1405. Controls on the aveiilability of appropriation accounts. 1406. Audit of obligated balances of Diepartment of Defense. 1407. Full life-cycle cost information for all major defense acquisition programs. 1408. Funds in Defense CJooperation Account. 1409. Classified annex.
PART BNAVAL VESSELS AND SHIPYARDS
1401. 1402. 1403. 1404.
Sec. 1421. Procurement limitations with respect to certain equipment for naval vessels. Sec. 1422. Policy for area in which solicitations must be issued for contracts for overhaul, etc., of naval reserve force ships homeported on the west coast. Sec. 1423. Report on use of Majrport Naval Station as homeport for nuclear aircraft carriers. Sec. 1424. Fast sealift program. Sec. 1425. Authorization for naval shipyards and aviation depots to engage in defense-related production and services during fiscal year 1991. Sec. 1426. Naming of guided missile destroyer the U.S.S. Samuel S. Stratton. Sec. 1427. Clarification of procedures for review of certain vessel transfers.
PART CGUARD AND RESERVE INITIATIVE
Sec. 1431. Sense of the Congress on greater use of the reserve components of the Armed Forces. Sec. 1432. Findings and sense of Congress regarding the importance of Ready Reserve. Sec. 1433. Commendation of the work of the National Guard and Reserves. Sec. 1434. Sense of Congress concerning United States armored forces. Sec. 1435. Preservation of force structure in the reserve components. Sec. 1436. Air National Guard Euid Air Force Reserve aircraft. Sec. 1437. P-3 Aircraft. Sec. 1438. Tactical airlift mission. Sec. 1439. Replacement of OV-1 and OV-10 aircraft with A-10 aircraft.
PART DARMS CONTROL MATTERS
Sec. 1441. Sense of Congress on additional nuclear risk reduction measures. Sec. 1442. START and strategic modernization. Sec. 1443. Strategic Arms Reduction Talks agreement.
PART EMATTERS RELATING TO ALUES AND OTHER NATIONS
Sec. 1451. Reciprocal logistical support. Sec. 1452. Department of Defense ombudsman for foreign signatories of inter-governmental memorandums of agreement concerning acquisition matters. Sec. 1453. Expansion of scope of requirements relating to defense memoranda of understanding and related agreements. Sec. 1454. Cooperation with Japan on technological research and development. Sec. 1455. Permanent ceiling on United States Armed Forces in Japan and contributions by Japan to the support of United States forces in Japan. Sec. 1456. Limitation on the costs to the United States for payments to foreign nationals employed at bases outside the United States. Sec. 1457. Annual report on United States security arrangements and commitments with other nations. Sec. 1458. Economic sanctions against the Republic of Iraq. Sec. 1459. Humanitarian assistance for Lithuania.
PART FMISCELLANEOUS MATTERS
Sec. 1461. Congressional oversight of special access programs. Sec. 1462. Development and production of weapons and weapon systems having standoff attack capabilities and emplojdng sensor-fused devices. Sec. 1463. Authority to reimburse North American Van Lines and the Church of God for certain damages caused during Operation Just Cause.
104 STAT. 1493
Sec. 1464. Extension of deadline for national test center instrumentation. Sec. 1465. Overseas Workload P r c ^ a m . Sec. 1466. Designation of the Colonel Thomas Hawkins Johnson Visiting Scholar Program and Lecture Series. Sec. 1467. Study of commercial aviation access to certain restricted special use airspace. Sec. 1468. Consultation and report requirements relating to lUmch Heind Study of Department of the Air Force. Sec. 1469. Annual presentation for congressional defense leadership on United States national military strategy.
PART GCONGRESSIONAL FINDINGS, POLICIES, AND COMMENDATIONS
Sec. 1471. Commemoration of the efforts of the Battle of the Bulge historical foundation. Sec. 1472. Commendation of United States military personnel for Philippine earthquake relief effort.
PART HCODIFICATION OF CERTAIN PROVISIONS OF LAW AND TECHNICAL AMENDMENTS
Sec. 1481. Restatement in title 10, United States Code, of selected permanent law provisions. Sec. 1482. Codification of certain recurring provisions of annual defense appropriations Acts. Sec. 1483. Restatement of law relating to annual personnel strength authorizations, annual manpower requirements reports, and annual national guard and reserve component procurement report. Sec. 1484. Technical and clerical amendments.
PART ICONGRESSIONAL MEDALS
Sec. Sec. Sec. Sec.
1491. 1492. 1493. 1494.
Congressional gold medal for Matthew B. Ridgway. Congressional medal for veterans of the attack on Pearl Harbor. Yosemite National Park centennial medal. National medals.
TITLE XVARMED FORCES RETIREMENT HOME Sec. 1501. Short title. Sec. 1502. Definitions.
PART AESTABUSHMENT AND OPERATION OF RETIREMENT HOME
Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.
1511. 1512. 1513. 1514. 1515. 1516. 1517. 1518. 1519. 1520.
Establishment of the Armed Forces Retirement Home. Residents of Retirement Home. Services provided residents. Fees paid by residents. Composition and operation of Retirement Home Board. Duties of Retirement Home Board. Directors and staff. Inspection by Inspector General of the Department of Defense. Retirement Home Trust Fund. Disposition of effects of deceased persons; unclaimed property.
PART BTRANSHTONAL PROVISIONS
Sec. 1531. Transfer of trust funds relating to the Naval Home and the Soldiers' and Airmen's Home. Sec. 1532. Repeed of provisions relating to the Naval Home and the United States Soldiers' and Airmen's Home. Sec. 1533. Conforming amendments.
PART CEFFECTIVE DATE AND AUTHORIZATION OF APPROPRIATIONS
Sec. 1541. Effective date. Sec. 1542. Authorization of appropriations for the United States Soldiers' and Airmen's Home. TITLE XVICHARTER FOR 82ND AIRBORNE DIVISION ASSOCIATION, INCORPORATED Sec. 1601. Charter. Sec. 1602. Powers. Sec. 1603. Objects and purposes of corporation. Sec. 1604. Service of process.
104 STAT. 1494

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1605. 1606. 1607. 1608. 1609. 1610. 1611. 1612. 1613. 1614. 1615. 1616. 1701. 1702. 1703. 1704.

Membership. Board of directors; composition; responsibilities. Officers of corporation. Restrictions. Liability. Books and records; inspection. Audit of financial transactions. Annual report. Reservation of right to amend, sdter, or repeal charter. Definition of state. Tax-exempt status. Termination. TITLE XVIIMISSILE TECHNOLOGY CONTROLS Policy. Amendment to the Export Administration Act of 1979. Amendment to the Arms Export Control Act. Report on missile proliferation.
TITLE XVinSTRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM Sec. 1801. Strategic Environmental Research emd Development Program. Sec. 1802. Availability of funds. Sec. 1803. Deadline for completion and execution of agreements with the Environmental Protection Agency. DIVISION BMILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. TITLE XXIARMY Sec. 2101. Authorized Army construction and land acquisition projects inside the United States. Sec. 2102. Family housing. Sec. 2103. Improvements to military family housing units. Sec. 2104. Authorization of appropriations, Army. Sec. 2105. Ammunition demilitarization facility, Tooele Army Depot, Utah. Sec. 2106. Extension of certain prior year authorizations. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2201. 2202. 2203. 2204. 2205. 2206. 2301. 2302. 2303. 2304. 2305. 2306. TITLE XXIINAVY Authorized Navy construction and land acquisition projects. Family housing. Improvements to military family housing units. Defense access roads. Authorization of appropriations. Navy. Extension of certain prior year authorizations.
TITLE XXmAIR FORCE Authorized Air Force construction and land acquisition projects. Family housing. Improvements to military family housing units. Authorization of appropriations. Air Force. Authorization of a facility. Termination of authority to carry out certain military construction project. Sec. 2307. Designation of installation. Sec. 2308. Restriction on relocation or realignment at Tonopah Research Site, Nevada. Sec. 2309. Extension of certain prior authorizations. Sec. Sec. Sec. Sec. Sec. Sec. 2401. 2402. 2403. 2404. 2405. 2406. TITLE XXIVDEFENSE AGENCIES Authorized Defense Agencies construction and land acquisition projects. Family housing. Conforming storage facilities. Authorization of appropriations. Defense Agencies. Medical facility, Nellis Air Force Base, Nevada. Extension of certain prior year authorizations.

TITLE XXVNORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Sec. 2503. Study and report by the Secretary of Defense.
104 STAT. 1495
TITLE XXVIGUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects. TITLE XXVIIEXPIRATION OF AUTHORIZATIONS Sec. 2701. Expiration of authorizations. TITLE XXVIIIGENERAL PROVISIONS
PART ACONSTRUCTION, LEASING, IMPROVEMENTS, DISPOSAL, AND UTIUZATION OF MILITARY INSTALLATIONS AND FACILITIES
Dual basing. Limitation on construction at Crotone, Italy. Restrictions on leasing in the national capital region. Operation and control of the Pentagon Reservation. Revenue from transfer or disposal of Department of Defense real property. Sec. 2806. Revenue from leasing out Department of Defense assets. Sec. 2807. Sense of Congress concerning a military construction moratorium.
PART BMIUTARY CONSTRUCTION PROGRAM CHANGES
2801. 2802. 2803. 2804. 2805.
Sec. 2811. One-year extension of military housing rental guarantee program. Sec. 2812. Family housing improvement threshold.
PART CLAND TRANSACTIONS
Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.
2821. 2822. 2823. 2824. 2825. 2826. 2827. 2828. 2829. 2830. 2831. 2832. 2833. 2834. 2835. 2836. 2837. 2838. 2839. 2840.
Land conveyance, Redstone Arsenal, Alabama. Release and conveyance. Reserve Center at Little Rock, Arkansas. Land conveyance. Naval Weapons Station, Concord, California. Lease at Hunters Point Naval Shipyard, San Francisco, California. Transfer of lands, Pinon Canyon, Colorado. Land conveyance. Cape Henlopen, Delaware. Land conveyance, Eglin Air Force Base, Florida. Land conveyance. Naval Air Station, Cecil Field, Jacksonville, Florida. Land exchange, Fort Benning, Greorgia. Land conveyance, Robins Air Force Base, Greorgia. Land conveyance, Dillingham Military Reservation, Hawaii. Land conveyance. South Bend, Indiana. Land exchange, Lexington Park, Maryland. Land exchange at Marine Corps Finance Center, Kansfis City, Missouri. Exchange of interests, Camp Withycombe, Oregon. Conveyance at Fort Diouglas, Utah. Land conveyance. Naval Reserve Center, Burlington, Vermont. Land transfer, Arlington, Virginia. Land conveyance. Fort A.P. Hill Military Reservation, Virginia. Easement conveyance. Fort Lawton, Seattle, Washington.
PART DDEPARTMENT OF DEFENSE ENERGY SAVINGS
Sec. 2851. Department of Defense energy savings program. Sec. 2852. Technical amendments.
PART EMISCELLANEOUS PROVISIONS
Sec. Sec. Sec. Sec. Sec. Sec. Sec.
Relocation of the Florida Solar Energy Center. Modification of height restriction in avigation easement. Henderson Hall, Arlington, Virginia. Additional authority for lease-purchase. Sale of aggregate. Naval Air Station, Miramar, California. Study to evaluate joint military-civilian use of military airfields. Negotiations for joint civilian and military use of the airfield at Wheeler Air Force Base, Hawaii. Sec. 2868. Extension of termination date for land conveyance at Eglin Air Force Base, Florida.
2861. 2862. 2863. 2864. 2865. 2866. 2867.
104 STAT. 1496

TITLE XXIXDEFENSE BASE CLOSURES AND REALIGNMENTS
PART ADEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION
Sec. 2901. Short title. Sec. 2902. The Commission. Sec. 2903. Procedure for making recommendations for realignments. Sec. 2904. Closure and realignment of militu-y installations. Sec. 2905. Implementation. Sec. 2906. Account. Sec. 2907. Reports. Sec. 2908. Congressional consideration of Commission report. Sec. 2909. Restriction on other base closure authority. Sec. 2910. Definitions. Sec. 2911. Clarifying amendment.
base
closures
and
PART BOTHER PROVISIONS RELATING TO DEFENSE BASE CLOSURES AND REAUGNMENTS
Sec. 2921. Closure of foreign military installations. Sec. 2922. Modification of the content of biannual report of the Commission on alternative utilization of military facilities. Sec. 2923. Funding for environmental restoration at military installations scheduled for dlosure inside the United States. Sec. 2924. Community preference consideration in closure and realignment of military installations. Sec. 2925. Recommendations of the Base Closure Commission. Sec. 2926. Contracts for certain environmental restoration activities. DIVISION COTHER NATIONAL DEFENSE AUTHORIZATIONS TITLE XXXIDEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
PART ANATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.
3101. 3102. 3103. 3104. 3121. 3122. 3123. 3124. 3125. 3126. 3127.
Operating expenses. Plant and capital equipment. Environmental restoration and waste management. Funding limitations.
PART BRECURRING GENERAL PROVISIONS
Reprogramming. Limits on general plant projects. Limits on construction projects. Fund transfer authority. Authority for construction design. Authority for emergency construction design. Funds available for all national security programs of the Department of Energy. Sec. 3128. Availability of funds.
PART CMISCELLANEOUS
3131. 3132. 3133. 3134. 3135.
Sec. 3136. Sec. 3137. Sec. 3138. Sec. 3139. Sec. 3140. Sec. 3141. Sec. 3142.
Remanufacture of nuclear stockpile weapons. Laboratory-directed research and development programs. National Environmental Policy Act compliance report requirement. Report on environmental restoration expenditures. Department of Energy management plan for environmental restoration and waste management activities. Extension of authority to loan personnel and facilities to community development organizations near Hanford Reservation. Safety measures for waste tanks at Hanford Nuclear Reservation. Programs for persons who may have been exposed to radiation released from Hanford Nuclear Reservation. Payments for injuries believed to arise out of atomic weapons testing program. Repeal. Contractor liability for injury or loss of property arising out of atomic weapons testing programs. Sense of Congress on negotiating agreements to achieve a comprehensive test ban.

PART DINTERNATIONAL FISSILE MATERIAL AND WARHEAD C!ONTROL
104 STAT. 1497
Sec. 3151. Production of plutonium and highly enriched uranium for nuclear weapons and disposal of nuclear stockpiles. Sec. 3152. Development and demonstration of means for warhead dismantlement verification.
PART EDEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS
Short title. Findings and purposes. Mission. Science education programs. Laboratory cooperative science centers and other authorized education activities. Sec. 3166. Education partnerships. Sec. 3167. Definitions. Sec. 3168. Authorization of appropriations.
3161. 3162. 3163. 3164. 3165.
TITLE XXXIIDEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION Sec. 3201. Authorization. Sec. 3202. Appointment and compensation of scientific and technical personnel of the Defense Nuclear Facilities Safety Board. TITLE XXXIIINATIONAL DEFENSE STOCKPILE Sec. 3301. Authority to barter material in the national defense stockpile to finsmce the upgrading, refining, or processing of stockpile material. Sec. 3302. Transfer of funds. TITLE XXXIVCIVIL DEFENSE Sec. 3401. Authorization of appropriations. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3501. 3502. 3503. 3504. 3505. 3506. 3507. TITLE XXXVPANAMA CANAL COMMISSION Short title. Authorization of expenditures. General provisions. Compensation for Board members. Compensation for Deputy Administrator and Chief Engineer. Retirement. Amendments to Panama Canal Compensation Fund Act of 1988.
DIVISION DECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND STABILIZATION Sec. 4001. Short title. Sec. 4002. Findings and policy. Sec. 4003. Definitions. Sec. 4004. Continuation of EJconomic Adjustment Committee. TITLE XLIECONOMIC ADJUSTMENT PLANNING Sec. 4101. Notification. Sec. 4102. Economic adjustment planning assistance through the Department of Defense. Sec. 4103. Community economic adjustment assistance through the Economic Development Administration. TITLE XLIIADJUSTMENT ASSISTANCE FOR EMPLOYEES Sec. 4201. Secretary of Defense notice requirement. Sec. 4202. Defense conversion adjustment program. Sec. 4203. Authorization of appropriations. TITLE XLmEXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS Sec. 4301. Expansion of small business loan program. Sec. 4302. Economic planning assistance for exceptional projects. Sec. 4303. Expansion of export financing for goods and services produced by firms and employees formerly engaged in defense production. Sec. 4304. Benefit information for businesses.
104 STAT. 1498
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED
For purposes of this Act, the term "congressional defense committees" means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.
DIVISION ADEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE IPROCUREMENT
PART AFUNDING AUTHORIZATIONS
SEC. 101. A R M Y
(a) AIRCRAFT.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of aircraft for the Army in the amount of $1,274,383,000, of which $566,489,200 is for modification of aircraft. 0?) MISSILES.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of missiles for the Army in the amount of $2,081,123,000, of which $135,374,000 is for modification of missiles. (c) WEAPONS AND TRACKED COMBAT VEHICLES.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of weapons and tracked combat vehicles for the Army in the amount of $2,063,672,000. (d) AMMUNITION.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of ammunition for the Army in the amount of $1,346,832,000.
(e) OTHER PROCUREMENT.Funds are hereby authorized to be
appropriated for fiscal year 1991 for other procurement for the Army in the amount of $2,541,884,000, of which (1) $609,575,000 is for tactical and support vehicles; (2) $1,118,747,000 is for communications and electronics equipment; and (3) $813,562,000 is for other support equipment.
SEC. 102. NAVY AND MARINE CORPS
(a) AIRCRAFT.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of aircraft for the Navy in the amount of $8,107,698,000, of which $1,243,642,000 is for modification of aircraft. (jo) WEAPONS.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of weapons (including missiles and torpedoes) for the Navy in the amount of $5,981,191,000. Amounts authorized under the preceding sentence are available as follows: (1) For missile programs other than ballistic missile programs, $3,095,276,000. (2) For torpedo programs, $841,318,000 as follows: For the MK-48 torpedo program, $350,291,000. For the MK-50 torpedo program, $328,266,000. For the ASW target program, $26,409,000. For the ASROC program, $20,156,000. For the torpedo support equipment program, $55,278,000. For the antisubmarine warfare range support program, $24,382,000.
104 STAT. 1499
For first destination transportation, $8,700,000. (3) For other weapons, $202,146,000, of which (A) $61,958,000 is for the MK-15 close-in weapon system; and (B) $81,292,000 is for the close-in weapon system modification program. (4) For other ordnance, $233,241,000. (5) For spares and repair parts, $69,209,000. (c) SHIPBUILDING AND CONVERSION.Funds are hereby authorized to be appropriated for fiscal year 1991 for shipbuilding and conversion for the Navy in the amount of $9,414,800,000. Amounts authorized under the preceding sentence are available as follows: For the Trident submarine program, $1,145,629,000. For the SSN-21 nuclear attack submarine program, $2,106,000,000. For the aircraft carrier service life extension program (SLEP), $113,068,000. For the DDG-51 guided missile destroyer program, $3,222,003,000. For the LHD-1 amphibious assault ship program, $959,800,000. For the LSD-41 cargo variant program, $240,000,000. , For the oceanographic research ship program, $43,100,000. For service craft and landing craft, $27,300,000. For the landing craft, air cushion (LCAC) progrgun, $267,900,000. For outfitting and post delivery, $335,600,000. For first destination transportation, $5,800,000. (d) OTHER PROCUREMENT, NAVY.Funds are hereby authorized to be appropriated for fiscal year 1991 for other procurement for the Navy in the amount of $5,488,599,000. Amounts authorized under the preceding sentence are available for certain programs as follows: (1) For the ship support equipment program, $1,214,555,000. (2) For the communications and electronics equipment program, $1,796,957,000. (3) For aviation support equipment, $370,787,000. (4) For the ordnance support equipment program, $544,836,000. (5) For civil engineering support equipment, $81,658,000. (6) For supply support equipment, $270,760,000. (7) For personnel and command support equipment, $743,728,000. (8) For spares and repair parts, $465,278,000. (e) MARINE CORPS.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement for the Marine Corps in the amount of $752,479,000.
SEC. 103. AIR FORCE
(a) AIRCRAFT.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of aircraft for the Air Force in the amount of $9,805,933,000, of which $1,471,231,000 is available for modification of aircraft. 0?) MISSILES.Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of missiles for the Air Force in the amount of $6,109,469,000, of which $111,273,000 is available for modification of missiles.
104 STAT. 1500

(c) OTHER PROCUREMENT.Funds are hereby authorized to be
appropriated for fiscal year 1991 for other procurement for the Air Force in the amount of $7,826,452,000, of which (1) $416,480,000 is for munitions and associated support equipment; (2) $137,963,000 is for vehicular equipment; (3) $1,376,092,000 is for electronics and telecommunications equipment; and (4) $5,895,917,000 is for other base maintenance and support equipment.
SEC. 104. DEFENSE AGENCIES
Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement for the Defense Agencies in the amount of $2,149,954,000, of which (1) $161,500,000 is for electronic warfare procurement; and (2) $637,096,000 is for the Special Operations Command.
SEC. 105. DEFENSE INSPECTOR GENERAL
Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement for the Inspector General of the Department of Defense the amount of $981,000.
SEC. 106. RESERVE COMPONENTS
Funds are hereby authorized to be appropriated for fiscal year 1991 for procurement of aircraft, vehicles, communications equipment, and other equipment for the reserve components of the Armed Forces as follows: (1) For the Army National Guard, $690,900,000. (2) For the Air National Guard, $389,700,000. (3) For the Army Reserve, $46,100,000. (4) For the Navy Reserve, $478,300,000. (5) For the Air Force Reserve, $137,700,000. (6) For the Marine Corps Reserve, $129,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM
Funds are hereby authorized to be appropriated for fiscal year 1991 for the destruction of lethal chemical weapons in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 747) in the amount of $382,600,000.
SEC. 108. MULTIYEAR AUTHORIZATIONS ^
The Secretary of the military department concerned may use funds appropriated for fiscal year 1991 to enter into multiyear procurement contracts in accordance with section 2306(h) of title 10, United States Code, for the following programs: (1) For the Department of the Army: (A) UH-60L Helicopter Program. (B) Pedestal-Mounted Stinger (Avenger) Program. (C) Family of Medium Trucks. (2) For the Department of the Air Force: (A) The GPS Navstar Satellite Program. (B) The Defense Support Program.
SEC. 109. REPEAL OF PRIOR MILESTONE AUTHORIZATIONS (a) PROCUREMENT PROGRAMS.Section 106 of the National De-
fense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1034) is repealed.
104 STAT. 1501
(b) RDT&E PROGRAMS.Section 216 of such Act (101 Stat. 1051) is repealed.
PART B B - 2 AIRCRAFT PROGRAM SEC. 121. LIMITATION ON OBLIGATIONS
Of the amount appropriated pursuant to section 103 for procurement of aircraft for the Air Force, not more than $2,349,308,000 may be obligated for procurement of B-2 aircraft.
PART COTHER STRATEGIC PROGRAMS SEC. 131. SRAM II MISSILE PROGRAM
None of the funds appropriated for fiscal year 1991 for procurement for the Air Force may be obligated for the SRAM II missile program (other than funds for peculiar support equipment and the industrial modernization improvement program) until the Secretary of Defense certifies to the congressional defense committees that development flight tests for that missile demonstrate that the missile (including the rocket motor propellant) meets the established performance criteria. SEC. 132. GROUND-WAVE EMERGENCY NETWORK None of the funds appropriated pursuant to this or any other Act may be obligated or expended for site preparation or construction of iny tower or related support facility for the Ground-Wave Emergency Network (GWEN) System until (1) the Secretary of Defense provides for the conduct of an independent study of such system on the health effects and environmental impact of the system on surrounding local jurisdictions; and (2) a report containing the results of such study, together with Reports. the Secretary's comments and recommendations concerning the report, has been submitted to the congressional defense committees and a period of 15 days has elapsed sifter the report is received.
SEC. 133. B-IB AIRCRAFT PROGRAM
Section 121(eX3XC) of Public Law 101-189 (103 Stat. 1380) is amended by striking out "in the late 1990s" and inserting in lieu thereof "in 2010".
SEC. 134. PROHIBITION ON OBLIGATION OR EXPENDITURE OF FISCAL YEAR 1990 FUNDS FOR MX RAIL GARRISON PROCUREMENT
Funds appropriated for fiscal year 1990 for procurement of missiles for the Air Force may not be obligated or expended for the MX Rail Garrison program.
SEC. 135. REPORT ON ALTERNATIVE MX MISSILE TEST PLANS
(a) REPORT.The Secretary of Defense shall submit to Congress a report on alternative MX missile test pleins. The report shall be submitted, in both classified and unclassified forms, by August 1, 1991. (b) CONTENT OF REPORT.The report required by subsection (a) shall include the following matters:
104 STAT. 1502
PUBLIC LAW 101-510NOV. 5, 1990 (1) A description of the guidelines established by the Chairman of the Joint Chiefs of Staff for assessing the reliability of the MX missile during Phase II Operational Testing. (2) A description of the currently planned Phase II Operational Test program for the MX missile. (3) A complete assessment of the extent to which the guidelines described in paragraph (1) will be met under the MX missile Phase II Operational Test program described in paragraph (2). (4) A complete assessment of the extent to which the guidelines described in paragraph (1) could be met under the MX missile Phase II Operational Test program if the total number of MX missiles procured were reduced from the planned 173 missiles to (A) 126 missiles, and (B) 150 missiles. (5) A description and net assessment of any other significant effects of reducing the number of MX test missiles as described in paragraph (4), including (A) an estimate of the associated cost savings, and (B) a description of the effect on existing contractual obligations and how the associated costs could be minimized. (6) A full description of how information from sources other than missile flight testing, including inspection of missile silos, aging and surveillance programs, production quality control, experience with previously deployed missile systems, and simulation, is factored into the assessment of missile reliability.
SEC. 136. LIMITATION ON ADVANCE PROCUREMENT OF ADVANCED CRUISE MISSILE
Reports.
Of the amount appropriated pursuant to section 103 for Missile Procurement, Air Force, that is available for advance procurement of the Advanced Cruise Missile, not more than $64,400,000 may be obligated until (1) a Defense Acquisition Board determines (A) the total number of Advanced Cruise Missiles that will be acquired; (B) the acquisition strategy that will be used to acquire the missiles; and (C) the suitability of the program to enter into a full production rate of 250 missiles annually; (2) the scheduled follow-on operational flight tests are completed in fiscal year 1991; (3) the Secretary of Defense certifies to the congressional defense committees that the results of those flight tests demonstrate that the performance of the Advanced Cruise Missile meets the established requirements to proceed to a full-rate production decision; and (4) the Secretary of Defense submits to the congressional defense committees a report on the determinations of the Defense Acquisition Board made under paragraph (1).
SEC. 137. LIMITATION ON OBLIGATION OF FUNDS FOR KC-135R AIRCRAFT RE-ENGINING MODIFICATION PROGRAM
(A) LIMITATION.Funds appropriated pursuant to this Act may not be obligated for the KC-135R tanker aircraft re-engining modification program until the Secretary of Defense (1) conducts a defense-wide reassessment of requirements for tanker aircraft and the cost effectiveness of additional conver-
104 STAT. 1503
sions of the E and Q models of the KC-135 giircraft to the R configuration as compared with maintaining the A models of that aircraft; and (2) submits a report on the results of the reassessment to the congressional defense committees. Ot)) REASSESSMENT.In carrying out the reassessment, the Secretary shall take into consideration (1) current and planned force structure reductions; (2) changes in the Single Integrated Operating Plan (SIOP); and (3) changes in United States contingency planning.
PART DARMY PROGRAMS SEC. 141. AD ATS MISSILE SYSTEM
(a) LIMITATION.The Secretary of the Army may not obligate any funds after the date of the enactment of this Act for a payment under the ADATS air defense program for contractor corrections of system reliability deficiencies to meet original program specifications for the system. Qo) EXCEPTION.This section does not preclude the obligation of funds to pay for product improvements approved by the Government before Initial Operational Test and Evaluation.
SEC. 142. M-1 A B R A M S TANK PROGRAM
(a) LIMITATION.Of the funds appropriated or otherwise made available for procurement of weapons and tracked combat vehicles for the Army for fiscal year 1991, the Secretary of the Army, subject to subsection (b), may use any or all of the $150,000,000 provided for advance procurement (1) to buy Ml tanks in the M1A2 configuration, or (2) to initiate an Ml-to-MlA2 conversion program. (b) CERTIFICATION.The advance procurement funds described in subsection (a) may not be used for a purpose described in that subsection until the Secretary of the Army certifies to the congressioned defense committees that the M1A2 tank has successfully completed development and operational tests.
SEC. 143. PROCUREMENT OF AHIP SCOUT HELICOPTERS
Section 1330t))(l) of Public Law 101-189 (103 Stat. 1383) is amended (1) by striking out "Subject to subsection (c), the" and inserting in lieu thereof "The"; (2) by striking out "and" at the end of subparagraph (B); (3) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof "; and"; and (4) by adding at the end the following: "(D) the obligation of not more than $200,000,000 from funds appropriated pursuant to an authorization of appropriations for the OH-58D AHIP Scout aircraft program during fiscal year 1991 for procurement of not more than 36 OH-58D Armed AHIP Scout aircraft and for payment of costs necessary to terminate the AHIP Scout aircraft program.".
SEC. 144. PROVISION OF CH-47 AIRCRAFT FOR THE ARMY NATIONAL GUARD (a) TRANSFER OF AIRCRAFT TO AIR NATIONAL GUARD.Of the
modified CH-47 aircraft procured with funds appropriated or other-
104 STAT. 1504
wise made available in fiscal year 1991, the Secretary of the Army shall distribute not less than 24 such aircraft to the Army National Guard of the United States, is provided in subsection (b). (b) PLAN REQUIRED.(1) The Secretary of the Army shall develop a plan to retire (A) not less than 24 CH-54 aircraft assigned to the Army National Guard of the United States not later than September 30,1992; and (B) all remaining CH-54 aircraft assigned to the Army National Guard of the United States not later than September 30, 1993. (2) For each CH-54 aircraft assigned to the Army National Guard of the United States that is retired by the Secretary of the Army on or after the date of enactment of this Act, the Secretary shall transfer one of the CH-47 aircraft referred to in subsection (a) to the Army National Guard of the United States.
PART ENAVY AND MARINE CORPS PROGRAMS SEC. 151. A-12 AIRCRAFT PROGRAM
(a) FUNDING.Of the funds authorized to be appropriated or otherwise made available for aircraft procurement for the Navy for fiscal year 1991, $610,000,000 shall be available for the A-12 aircraft program. Such funds (1) may be used only for an A-12 program (A) that conforms to the pricing provisions of existing contracts, adjusted for quantity and inflation, as appropriate; or (B) that is restructured to reduce technical and schedule risks arising from concurrency and for which the new program price is based on actual contract cost data from the pre-restructured program; and (2) may not be obligated or expended until 45 days after the date on which the Secretary of Defense submits to the congressional defense committees the report described in subsection (d).
Ob) DEFENSE SCIENCE BOARD PANEL.The Secretary of Defense
Reports.
shall establish a special panel of the Defense Science Board to examine the requirements of the Navy established for the A-12 aircraft and to assess the inherent suitability of the current A-12 design and its projected execution for meeting the requirements of the Navy for medium-attack aircraft (including low observability) through the projected life of the system. (c) NAVY REVIEW COMMITTEE.The Secretary of the Navy shall establish an A-12 review committee to be independent of the A-12 program office. The review committee shall be chaired by the Inspector General of the Navy. The committee shall submit quarterly reports to the Secretary of the Navy and the Secretary of Defense on the cost, schedule, and performance status of the program (including technical performance and projected operating weight) until the A-12 aircraft completes its first deployment. (d) REPORT.The report required by subsection (a) shall include the following: (1) A program cost estimate for the A-12 program as determined by the Department of Defense Cost Analysis Improvement Group (CAIG).
104 STAT. 1505
(2) An assessment of when flight testing of the A-12 aircraft will begin. (3) A summary of the report of the panel established under subsection (b), together with such comments as the Secretary considers appropriate. (4) Certification that the review committee required by subsection (c) has been established. (5) The views of the Secretary on the appropriateness of fixedprice type contracts for full-scale development of the A-12 aircrgift, including any views concerning possible renegotiation of any A-12 contracts with the prime contractors. (6) Any other views or recommendations of the Secretary of Defense that the Secretary considers appropriate.
SEC. 152. V-22 AIRCRAFT PROGRAM
(a) FUNDING.Of the funds authorized to be appropriated or otherwise made available for aircraft procurement for the Navy for fiscal year 1991, $165,000,000 shall be available for the V-22 aircraft program. G)) LIMITATION.Funds described in subsection (a) and the amount of $200,000,000 appropriated for the Navy for fiscal year 1989 for procurement of aircraft that remains available for obligation for the V-22 program may be used only for advance procurement of production representative V-22 aircraft, support equipment, and related activities, as required to conduct the operational tests approved by the Director of Operational Test and Evaluation (DOT&E) pursuant to section 138 of title 10, United States Code.
(c) STATUS AS MAJOR DEFENSE ACQUISITION PROGRAM.The V-22
aircraft program shall be considered to be a major defense acquisition program within the mesming of section 2430 of title 10, United States Code, and shall be managed and reported accordingly.
SEC. 153. PROCUREMENT OF MlAl MAIN BATTLE TANKS FOR THE MARINE CORPS
Of the funds appropriated for advanced procurement for the Marine Corps for fiscal year 1990, not more than $62,400,000 of any such funds that remain available for obligation shall be available for procurement of MlAl main battle tanks.
SEC. 154. POLICY FOR SSN-21 SUBMARINE PROCUREMENT
The funds authorized to be appropriated by this Act for fiscal year 1991 for the SSN-21 nuclear attack submarine program are to be obligated in accordance with applicable law, policies, and regulations. This section may not be construed as expressing a preference for any particular method of contracting for the SSN-:21 submarine authorized by this Act.
SEC. 155. MH-53 MINESWEEPER HELICOPTER
Of the amounts authorized to be appropriated pursuant to section 106 for reserve component equipment, $336,000,000 shall be available for procurement of MH-53 minesweeper helicopters for the Navy Reserve.
SEC. 156. AH-IW HELICOPTERS
(a) FISCAL YEAR 1990 FUNDS.Of the amounts appropriated for National Guard and Reserve equipment for fiscal year 1990, $58,600,000 is authorized to be available for procurement of six AH-IW helicopters for the Marine Corps Reserve.
104 STAT. 1506
(b) FISCAL YEAR 1991 FUNDS.Of the amounts authorized to be appropriated pursuant to section 106 for reserve component equipment, $79,000,000 shall be available for procurement of eight AH-IW helicopters for the Marine Corps Reserve.
SEC. 157. LABORATORY EQUIPMENT FOR NAVY INDUSTRIAL-FUNDED ACTIVITIES
Of the amount authorized to be appropriated pursuant to section 102 for other procurement for the Navy, $98,000,000 shall be available (as provided in the President's budget) for acquisition of laboratory equipment for Navy industrial-funded activities.
PART FNONSTRATEGIC AIR FORCE PROGRAMS SEC. 161. C-17 AIRCRAFT PROGRAM FUNDING AND LIMITATIONS FOR FISCAL YEAR 1991
(aXl) AMOUNT AUTHORIZED.Of the amounts appropriated pursuant to section 103(1) (A) not more than $400,000,000 may be obligated for procurement of C-17 aircraft; (B) not more than $60,000,000 may be obligated for advance procurement of C-17 aircraft; (C) not more than $80,000,000 may be obligated for procurement of initial spare parts C-17 aircraft. (2) Nothing in this provision shall preclude the obligation of additional funds for the C-17 aircraft program out of funds transferred under section 1401. (b) LIMITATION.The Secretary of the Air Force may not obligate any funds appropriated pursuant to section 103 for procurement of the C-17 aircraft (other than funds for advance procurement for fiscal year 1992) until the Secretary of Defense certifies to the congressional defense committees that a production C-17 aircraft has successfully completed it first flight.
SEC. 162. TACIT RAINBOW PROGRAM
Repo"^-
The Secretary of the Air Force may not obligate any funds to establish a second source for procurement of the TACIT Rainbow system until the Secretary submits to the congressional defense committees a report describing total program quantities to be procured and the cost effectiveness of proceeding with two sources of production.
SEC. 163. CHEMICAL-BIOLOGICAL COLLECTIVE PROTECTION SYSTEMS (a) TERMINATION OF PROCUREMENT OF SURVIVABLE COLLECTIVE PROTECTION SYSTEM.After the date of the enactment of this Act, no
funds may be obligated for procurement of the Survivable Collective Protection System.
Reports. (b) LIMITATION ON PROCUREMENT OF TRANSPORTABLE COLLECTIVE PROTECTION SYSTEM.None of the funds appropriated pursuant to
this Act may be obligated for procurement of the Transportable Collective Protection System until the Secretary of Defense submits to the congressional defense committees a report setting forth (1) the overall requirements for the program; (2) the rationale for the program in light of the chemical weapons arms control agreement between the United States and the Soviet Union and the efforts to achieve a multilateral ban on all chemical weapons;
PUBLIC LAW 101-510NOV. 5. 1990
104 STAT. 1507
(3) the anticipated distribution of assets to be procured under the program, shown by geographic region and by military forces; and (4) total progrgun costs. (c) EXCEPTION FOR OPERATION DESERT SHIELD.The limitation in subsection (b) shall not apply with respect to any procurement in connection with Operation Desert Shield.
SEC. 164. RE-ENGINING FOR CERTAIN RECONNAISSANCE AIRCRAFT
Of the funds appropriated pursuant to section 103, $54,600,000 shall be available for re-engining the TR-1 and U-2 reconnaissance aircraft.
PART GCHEMICAL MUNITIONS SEC. 171. ANNUAL REPORT ON SAFETY OF CHEMICAL WEAPONS STOCKPILE (a) ADDITIONAL ITEMS FOR ANNUAL REPORT ON CHEMICAL WEAPONS
DEMILITARIZATION PROGRAM.Subsection (g)(3) of section 1412 of Public Law 99-145 (50 U.S.C. 1521) is amended (1) by striking out "and" at the end of subparagraph (A); (2) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof "; and"; and (3) by adding at the end the following: "(C) an assessment of the sgifety status and the integrity of the stockpile of lethal chemical agents and munitions subject to this section, including "(i) an estimate on how much longer that stockpile can continue to be stored safely; "(ii) a site-by-site assessment of the ssifety of those agents and munitions; and "(iii) a description of the steps taken (to the date of the report) to monitor the safety status of the stockpile and to mitigate any further deterioration of that status.'. Ot)) TECHNICAL AMENDMENTS.Subsections (a)(1) gmd (h)(1) of such section are amended by striking out "the date of the enactment of this Act" and inserting in lieu thereof "November 8,1985".
SEC. 172. FUNDING CLARIFICATION FOR CHEMICAL WEAPONS STOCKPILE DISPOSAL PROGRAM
Subsection (c) of section 1412 of Public Law 99-145 (50 U.S.C. 1521) is amended by adding at the end the following paragraph: "(3) In order to carry out subparagraph (A) of paragraph (1), the Secretary may make grants to State and local governments (either directly or through the Federal Emergency Management Agency) to assist those governments in carrjdng out functions relating to emergency preparedness and response in connection with the disposal of the lethal chemical agents and munitions referred to in subsection (a). Funds available to the Department of Defense for the purpose of carrying out this section may be used for such grants.".
SEC. 173. CHEMICAL WEAPONS STOCKPILE SAFETY CONTINGENCY PLAN 50 USC 1511
(a) DEVELOPMENT OF PLAN.The Secretary of Defense shall ^ develop a plan setting forth the steps the Department of Defense would take if the chemical weapons stockpile of the United States began an accelerated rate of deterioration (or experienced any other event which called into question its continued safe storage) before a
104 STAT. 1508
comprehensive full-scale chemical weapons disposal capability is developed. The plan shall address (1) the schedule that would have to be followed to put the plan into effect; (2) the level of funding that would be required to put the plan into effect; (3) the equipment and other resources that would be required to put the plan into effect; and (4) an assessment of how quickly the plan could be placed into effect in the event of an emergency. (b) UPDATES.The Secretary shall periodically update the plan developed pursuant to subsection (a) as needed. (c) SUBMISSION TO CONGRESS.The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a copy of the plan developed pursuant to subsection (a). The submission shall be made not later than 180 days after the date of the enactment of this Act.
PART HOTHER PROGRAMS SEC. 181. PROGRAM TERMINATIONS
(a) 155-MiLiJMETER NUCLEAR PROJECTILE PROGRAM.Funds appropriated for the Department of Defense for fiscal year 1991 or for any fiscal year thereafter may not be obligated for the W-82 155millimeter nuclear projectile program. (b) FOLLOW-ON TO LANCE PROGRAM.Funds appropriated for the Department of Defense for fiscal year 1991 or any fiscal year thereafter may not be obligated for the Follow-on to Lance Program. (c) STATUTORY CONSTRUCTION.A provision of law enacted after the date of enactment of this Act may not be construed as modifying or superseding any provision of this section unless that provision specifically refers to this section and specifically states that such provision of law modifies or supersedes this section.
SEC. 182. ELECTRONIC WARFARE PROCUREMENT
(a) LIMITATION ON USE OF FUNDS.Funds appropriated pursuant to this Act may be obligated or expended for procurement for a program described in subsection (d) only at levels sufficient to sustain existing production capabilities at minimum essential levels. The limitation in the preceding sentence shall cease to apply with respect to any such program when a certification under subsection (b) with respect to that program is made. (b) PRODUCTION DECISION.A decision to proceed with production of a program described in subsection (d) at a rate beyond that permitted under subsection (a) may not be made within the Department of Defense until the Director of Operational Test and Evaluation of the Department of Defense certifies to the congressional defense committees (1) that the program has undergone thorough and effective operational testing; and (2) that, on the basis of that testing, the Director has determined that the program meets or exceeds all operational criteria established for the program. (c) MODERNIZATION PROGRAM.The Under Secretary of Defense for Acquisition shall establish an affordable, cost-effective joint electronic warfare modernization program for the Navy and Air Force that eliminates redundancy among the programs described in
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subsection (d), maximizes commonality imong those programs, and meets essential operational requirements. Such program shall be established not later than March 1,1991. (d) COVERED PROGRAMS.This section applies to the Airborne Self Protection Jammer (ASPJ), the ALQ-135 device, the ALQ-184 device, and a classified Air Force program. TITLE IIRESEARCH, DEVELOPMENT, TEST, AND EVALUATION
PART AAUTHORIZATIONS SEC. 201. AUTHORIZATION OF APPROPRIATIONS
Funds are hereby authorized to be appropriated for fiscal year 1991 for the use of the Armed Forces for research, development, test, and evaluation as follows: (1) For the Army, $5,732,749,000. (2) For the Navy, $9,417,934,000. (3) For the Air Force, $12,664,662,000. (4) For the Defense Agencies, $8,280,558,000 of which (A) $251,619,000 is authorized for the activities of the Deputy Director, Defense Research and Engineering (Test and Evaluation); and (B) $15,000,000 is authorized for the Director of Operational Test and Evaluation.
SEC. 202. AMOUNTS FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT
(a) FISCAL YEAR 1991.Of the gunounts appropriated pursuant to section 201, $3,770,233,000 shall be available for basic research and exploratory development projects.
Ob) BASIC RESEARCH AND EXPLORATORY DEVELOPMENT DEFINED.
For purposes of this section, the term "basic research and exploratory development" means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2.
PART BPROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS SEC. 211. V-22 OSPREY AIRCRAFT PROGRAM
(a) FUNDING.Of the amount authorized to be appropriated pursuant to section 201, $238,000,000 shall be available for research, development, test, and evaluation in connection with the V-22 aircraft program. (b) PROHIBITION OF ALTERNATIVES.None of the funds appropriated pursuant to section 201 may be used for research, development, test, and evaluation for a replacement aircraft to perform the medium-lift mission other than the V-22 aircraft.
SEC. 212. ARMY SCOUT ATTACK HELICOPTER PROGRAM
The Secretary of the Army shall establish a technical demonstration program for a combat helicopter by restructuring the light helicopter program to produce prototjrpes of such a helicopter for evaluation before a decision is made to proceed with full-scale development.
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SEC. 213. ADVANCED TACTICAL FIGHTER PROGRAM
(a) IN GENERAL.The Secretary of the Air Force shall complete the demonstration and validation phase and the design selection process for the Advanced Tactical Fighter for the Air Force.
(b) PROHIBITION ON FULL-SCALE DEVELOPMENT.Funds appro-
priated or otherwise made available pursuant to this or any other Act for the Air Force for fiscal year 1991, or a prior fiscal year, may not be obligated for full-scale development activities in connection with the Advanced Tactical Fighter of the Air Force.
SEC. 214. ARMORED GUN SYSTEM
The Secretary of the Army shall prescribe an acquisition plan for the procurement of an armored gun system. The plan shall provide (1) for acquisition of an armored gun system which is a nondevelopmental item; and (2) for fielding of such system to the first unit during fiscal year 1995 if there is an approved program start for such system by the Office of the Secretary of Defense during fiscal year 1991.
SEC. 215. FLEET ELECTRONIC WARFARE SUPPORT GROUP (a) RETIREMENT OF CURRENT AIRCRAFT.The Secretary of the
Navy shall retire the ERA-3B aircraft currently assigned to the Fleet Electronic Warfare Support Group not later than September 30,1993.
(b) ACQUISITION OF REPLACEMENT AIRCRAFT.The Secretary of the
Navy shall initiate a competition to acquire a replacement aircraft for the Fleet Electronic Warfare Support Group within 60 days after the date of the enactment of this Act. The Secretary shall acquire such aircraft by direct procurement or by lease entered into under section 328 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1957).
SEC. 216. VANDENBERG AIR FORCE BASE TITAN IV LAUNCH FACILITY
Funds appropriated for the Air Force for fiscal year 1991 may be obligated for an additional Titan IV launch facility only if the funds are used to convert the existing Space Launch Complex Six facility at Vandenberg Air Force Base, California, for use as a Titan IV launch facility.
SEC. 217. ADVANCED COMMUNICATIONS SATELLITE RELAY SYSTEM
(a) SYSTEM REQUIREMENTS.The Secretary of Defense shall develop and carry out a plan for a system other than, and in the place of, the currently planned MILSTAR communications satellite system to meet requirements for an advanced communications satellite relay system. The system to be developed and carried out shall either be a restructured MILSTAR program or an alternative advanced communications satellite relay system and shall be developed with the objectives of (1) substantially reducing the cost of the program compared to the present cost of the MILSTAR program as currently planned; (2) increasing the utility of the program for tactical forces; and (3) eliminating unnecessary capabilities for protracted nuclear warfighting missions and operations. OJ) REPORT.Not later than April 1,1991, the Secretary of Defense shall submit to the congressional defense committees a report on the
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system planned under subsection (a), as provided in the classified and unclassified joint statement of managers accompanying the conference report on H.R. 4739 of the One Hundred First Congress. (c) FUNDING LIMITATION.Except as provided in subsection (d), of the funds appropriated to the Department of Defense for fiscal year 1991, not more than a total of $600,000,000 may be obligated or expended for the following: (1) The MILSTAR program. (2) The restructured MILSTAR program or the proposed alternative system required under subsection (a), whichever is developed. (d) TRANSFER AUTHORITY,(1) The Secretary of Defense may transfer to the MILSTAR program (including the restructured MILSTAR program or the alternative system) amounts of authorizaapplicable reprogramming procedures. The amount of the limitation in subsection (c) shall be increased by any amount so transferred. (2) The authority to transfer funds under this section is not in addition to the transfer authority provided in section 1401. (3) The Secretary shall promptly notify the congressional defense committees of any transfer proposed to be made under this subsection. (e) TRANSFERS WITHIN THE MILSTAR PROGRAM.(1) Subject to the limitation in subsection (c), the Secretary of Defense may transfer amounts of authorizations made available for the restructured MILSTAR program or the alternative system between title I and title II for use for the restructured MILSTAR program or the alternative system. (2) The authority to transfer funds under this section is not in addition to the transfer authority provided in section 1401. (3) The Secretary shall promptly notify the congressional defense committees of any transfer made under this subsection. (JD INAPPLICABILITY OF SECTION.This section does not apply (1) to the extremely high frequency communications package for the ultra high frequency follow-on satellite program; or (2) to the extremely high frequency terminal programs of the Navy.
SEC. 218. PROHIBITION ON TESTING MID-INFRARED ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN SPACE
The Secretary of Defense may not carry out a test of the MidInfrared Advanced Chemical Laser (MIRACL) transmitter and associated optics against an object in space during 1991 unless such testing is specifically authorized by law.
PART CSTRATEGIC DEFENSE INITIATIVE SEC. 221. STRATEGIC DEFENSE INITIATIVE PROGRAM STRUCTURE AND 10 USC 2431 LIMITATIONS ON SPENDING note.
(a) PROGRAM ELEMENTS.(1) The following program elements shall be the exclusive program elements for the Strategic Defense Initiative: (A) Phase I Defenses. (B) Limited Protection Systems. (C) Theater and ATBM Defenses. (D) Follow-On Systems. (E) Research and Support Activities.
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(2) The program elements in paragraph (1) shall be the only program elements used in the program and budget information concerning the Strategic Defense Initiative submitted to Congress by the Secretary of Defense in support of the budget submitted to Congress by the President under section 1105 of title 31, United States Code, for any fiscal year after fiscal year 1991.
(b) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OBJECTIVES. (1) PHASE I DEFENSES.The Phase I Defenses program ele-
ment shall include programs, projects, and activities which have as a primary objective the development of systems, components, and architectures for a strategic defense system capable of providing low to moderate defensive capabilities against a largescale ballistic missile attack against the United States. Such activities may include those necessary to develop systems, components, and architectures capable of providing an early deplo5mient option against limited attacks, including accidental, unauthorized, or deliberate launch of a small number of ballistic missiles. (2) LIMITED PROTECTION SYSTEMS.The Limited Protection Systems program element shall include programs, projects, and activities which have as a primary objective the development of systems and components which, if deployed as a limited defense, would not be in violation of the 1972 ABM Treaty. For purposes of planning, evaluation, design, and effectiveness studies, such programs, projects, and activities may take into consideration both the current numerical limitations of the 1972 ABM Treaty and modest changes to those numerical limitations. (3) THEATER AND ATBM DEFENSES.The Theater and ATBM Defenses program element shall include programs, projects, and activities which have as a primary objective (A) the development of deployable and rapidly relocatable anti-tactical ballistic missile (ATBM) defenses for forward deployed and expeditionary United States armed forces, and (B) cooperation with friendly and allied nations in the development of theater defenses against tactical ballistic missiles. (4) FOLLOW-ON SYSTEMS.The Follow-On Systems program element shall include programs, projects, and activities which have as a primary objective the development of technologies capable of supporting systems, components, and architectures that could produce highly effective defenses for deployment after the beginning of the twenty-fi^st century.
(5) RESEARCH AND SUPPORT ACTIVITIES.The Research and
Support Activities program element shall include programs, projects, and activities which have as a primary objective (A) the provision of basic research and technical, engineering, and managerial support to the programs, projects, and activities within the program elements in parEigraphs (1) through (4); (B) innovative science and technology projects; (C) the provision of test and evaluation services; and (D) program management. (c) FUNDING LIMITATIONS.(1) Of the amounts appropriated pursuant to section 201 or otherwise made available to the Department of Defense for research, development, test, and evaluation for
104 STAT. 1513
fiscal year 1991, not more than $2,890,000,000 may be obligated for the Strategic Defense Initiative. (2) Of the amount described in paragraph (1) (A) not more than $817,300,000 shall be available for programs, projects, and activities within the Pheise I Defenses program element; (B) not more than $389,000,000 shall be available for programs, projects, and activities within the Limited Protection Systems program element; (C) not more than $180,000,000 shall be available for programs, projects, and activities within the Theater and ATBM Defenses program element; (D) not more than $754,300,000 shall be available for programs, projects, and activities within the Follow-On Systems program element; and (E) not more than $749,400,000 shall be available for programs, projects, ind activities within the Research and Support Activities program element. (3) Funds may be obligated for programs, projects, and activities which have as their primary purpose the support of the Brilliant Pebbles space-based interceptor system only through programs, projects, and activities within the Phase I Defenses program element. (4) Not later than 90 days after the date of the enactment of this Reports. Act, the Secretary of Defense shall submit to the congressional defense committees a report on the allocation of funds appropriated for the Strategic Defense Initiative for fiscal year 1991. The report shall specify the amount of such funds allocated for each program, project, and activity of the Strategic Defense Initiative and shall list each program, project, and activity under the appropriate program element. (5)(A) Before the submission of the report required under paragraph (4) and notwithstanding the limitations in paragraph (2), the Secretary of Defense may transfer funds among the progrgun elements described in paragraph (2). (B) The total amount that may be transferred to or from any program element described in paragraph (2) (i) may not exceed 10 percent of the amount provided in such paragraph for the program element from which the transfer is made; and (ii) may not result in an increase of more than 10 percent of the amount provided in such paragraph for the program element to which the transfer is made. (C) Amounts transferred pursuant to subparagraph (A) shall be merged with and be available for the same purposes as the amounts to which transferred. (d) DEFINITION.In this section, the term "1972 ABM Treaty" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitations of AntiBallistic Missiles, signed at Moscow on May 26,1972.
SEC. 222. LIMITATION ON DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR COMPONENTS
(a) U S E OF FUNDS.(1) Funds appropriated or otherwise made available to the Department of Defense for fiscal year 1991, or for any fiscal year before 1991, shall be subject to the limitations prescribed in paragraph (2).
39-194 O - 91 - 6 : QL 3 Part 3
104 STAT. 1514
(2) Funds described in paragraph (1) may not be obligated or expended (A) for the development or testing of any antiballistic missile system or component, except for development and testing consistent with the development and testing described in the May 1990 SDIO Report; or (B) for the acquisition of any material or equipment (including any long lead materials, components, piece parts, test equipment, or any modified space launch vehicle) required or to be used for the development or testing of antiballistic missile systems or components, except for material or equipment required for development or testing consistent with the development and testing described in the May 1990 SDIO Report. (3) The limitations in paragraph (2) shall not apply to funds transferred to or for the use of the Strategic Defense Initiative for fiscal year 1991 if the transfer is made in accordance with section 1501 of this Act. (b) DEFINITION.As used in this section, the term "May 1990 SDIO Report" means the report entitled "1990 Report to Congress on the Strategic Defense Initiative", dated May 1990, prepared by the Strategic Defense Initiative Organization and submitted to certain committees of the Senate ind House of Representatives by the Secretary of Defense on June 7, 1990, pursuant to section 224 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1398; 10 U.S.C. 2431 note).
SEC. 223. PROHIBITION ON OPERATIONAL TEST AND EVALUATION OF STRATEGIC DEFENSE SYSTEMS
(a) PROHIBITION.Funds appropriated or otherwise made available to the Department of Defense for fiscal year 1991, or for any fiscal year before fiscal year 1991, may not be obligated for any operational test and evaluation activity in support of (1) a strategic defense system; or (2) a program, project, or activity of the Strategic Defense Initiative.
(b) RULE OF CONSTRUCTION.Notwithstanding subsection (a), the
Strategic Defense Initiative Organization may engage in planning activities (including studies, design activities, and computer simulations) related to testing of Strategic Defense Initiative systems or elements.
SEC. 224. BOOST SURVEILLANCE AND TRACKING SYSTEM
(a) PROHIBITION ON FULL-SCALE DEVELOPMENT.None of the
amounts appropriated pursuant to section 201 or otherwise made available to the Department of Defense for fiscal year 1991 for research, development, test, and evaluation may be obligated for full-scale development of the Boost Surveillance and Tracking System (BSTS). (b) TRANSFER OF BSTS SYSTEM TO AIR FORCE.The Secretary of Defense shall transfer immediately responsibility for the direction, management, and funding for the development and procurement of the Boost Surveillance and Tracking System from the Strategic Defense Initiative Organization to the Secretary of the Air Force.
SEC. 225. THEATER MISSILE DEFENSE PROGRAMS
(a) SENSE OF CONGRESS.It is the sense of Congress that
104 STAT. 1515
(1) The proliferation of ballistic missiles and chemical and nuclear weapons technology applicable to missile warhead development is potentially destabilizing, is a threat to United States forces, and poses a significant threat to the national security of friends and allies of the United States around the world. (2) Of the funds authorized for the Strategic Defense Initiative (SDI) for fiscal year 1991, $198,000,000 should be made available for the development of anti-tactical ballistic missiles (ATBM) systems to counter such threats. In this regard, development of systems such as the Extended Range Interceptor and the Theater High Altitude Air Defense should be accelerated. (3) The SDI organization should ensure that the Navy and Marine Corps are involved in developmental programs for future ATBM systems suitable for deployment with their projection and expeditionary forces. (4) The Secretary of the Army should establish a vigorous program to develop and test a rapidly deployable ATBM capability for United States military forces with the near-term focus of that development and test effort on the Patriot II system. (5) Congress endorses a continuing program of cooperative research and development, jointly funded by the United States and the government of Israel, on the Arrow Tactical AntiMissile program with a view to proving out (through such cooperative research and development) the feasibility and practicality of the system. flj) DIRECTION ON ATBM TECHNOLOGY PROGRAMS. (1) ARROW TACTICAL ANTI-MISSILE PROGRAM.(A) Subject to subparagraph (B), the Secretary of Defense may obligate, from funds made available for fiscal year 1991 for the Strategic Defense Initiative, up to $42,000,000 for the purpose of initiating the Tactical Demonstration Program (constituting Phase II of research and development work on the Arrow program). (B) Funds may not be obligated for the purpose described in Israel. subparagraph (A) until the United States and the government of Israel enter into a memorandum of agreement governing the conduct and funding of the Technical Demonstration Program. (2) PATRIOT II ATBM DEVELOPMENT PROGRAM.(A) The Secretary of the Army may obligate from funds made available for fiscal year 1991 for Research, Development, Test, and Evaluation for the Army up to $50,000,000 to conduct additional tests of the Patriot II system against existing tjrpes of ballistic missile threats. The authority under the preceding sentence is in addition to any other authority provided in this Act regarding the Patriot II system. (B) From within the funds referred to in subparagraph (A), the Army may obligate part of such funds for the development of support systems (such as tracking and attack assessment radars) for existing and future ATBM systems.
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PART DSTRATEGIC PROGRAMS
SEC. 231. FUNDING AND SENSE OF CONGRESS FOR ICBM MODERNIZATION PROGRAM
(a) PROGRAM FUNDING.Of the amount appropriated for the Department of Defense for fiscal year 1991, not more than $687,671,000 shall be available for the intercontinental ballistic missile (ICBM) modernization program, of which not more than $680,208,000 shall be available for the rail garrison MX (RGMX) program and the small ICBM (SICBM) program. (h) SENSE OF CONGRESS.It is the sense of Congress that (1) research and development of the RGMX and SICBM is a prudent and necessary hedge (A) against the robust Soviet strategic nuclear modernization program and, in particular, Soviet rail- and road-mobile ICBM programs, (B) against possible future threats to the invulnerability of the sea-based leg of the strategic Triad, and (C) to help ensure the continued stability of the strategic balance as the United States negotiates reductions in its strategic forces under the prospective Strategic Arms Reduction Talks (START) sigreement and the planned follow-on negotiations for further reductions; (2) the two-missile mobile ICBM modernization program has failed to achieve the political consensus necessary for deployment of both systems; (3) as long as peaceful trends continue in the Soviet Union, the defense budget of the United States is likely to continue to decline in the future, making the deplojmient of both the RGMX system gind the SICBM system unaffordable; (4) at a minimum the United States should continue to develop the SICBM system for deployment in silos to meet future United States ICBM modernization requirements and arms control objectives, while preserving a realistic option for subsequent mobile basing should future strategic or arms control developments so require; and (5) any funds obligated or expended for the RGMX system should be used only to conduct critical activities needed to complete research, development, test, and evaluation and maintain the key technologies for that system on a stand-by or "moth ball" status.
SEC. 232. DEPRESSED TRAJECTORY BALLISTIC MISSILES AND OTHER SHORT-TIME-OF-FLIGHT BALLISTIC MISSILES
Soviet Union.
Congress commends the President for proposing to the Soviet Union that the United States and the Soviet Union observe an interim mutual restraint on the flight testing of depressed trajectory and other short-time-of-flight ballistic missiles and expresses disappointment that the Soviet Union has not agreed to this proposal. Congress urges the President to continue to pursue such interim restraint and to further explore the possibility of a permanent agreement banning flight tests of such missiles.
PART EOTHER MATTERS
SEC. 241. BIOLOGICAL DEFENSE RESEARCH PROGRAM (a) I N GENERAL.Chapter 139 of title 10, United States Code, is amended by inserting jrfter section 2369 the following new section:
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" 2370. Biological Defense Research Program "(a) ANNUAL REPORT.The Secretary of Defense shall submit to Congress an annual report on research, development, test, and evaluation conducted by the Department of Defense during the preceding fiscal year for the purposes of biological defense. The report shall be submitted in both classified and unclassified form and shall be submitted each year in conjunction with the submission of the budget to Congress for the next fiscal year. "(b) CONTENTS OF REPORT.Each report under this section shall provide the following information: "(1) A description of each biological or infectious Eigent or toxin that was used in, or that was the subject of, research, development, test, and evaluation conducted for the purposes of biological defense during the fiscal year covered by the report and not previously listed in publications of the Centers for Disease Control (CDC). "(2) A description of the biological properties of each such agent. "(3) A statement of the location of each biological defense research facility and the amount spent by the Department of Defense during the fiscal year covered by the report at each such facility for research, development, test, and evaluation for biological defense research. "(4) A statement of the biosafety level used at each such facility in conducting that research, development, test, and evaluation. "(5) A statement that documentation of annual coordination with local heedth, fire, and police officials for the provision of emergency support services has been included in the facility safety plan for each biological defense research facility. "(c) TYPES OF RESEARCH COVERED.This section applies to all research, development, test, uid evaluation activities conducted by the Department of Defense for the purpose of biological defense. "(d) DEFINITIONS.In this section: "(1) The term 'biosafety level' means the applicable biosafety level described in the publication entitled 'Biosafety in Microbiological and Biomedical Laboratories' (CDC-NIH, 1984). "(2) The term 'biological defense research facility' means a location at which research, development, test, ind evaluation for purposes of biological defense involving any biological or infectious agent or toxin (whether or not listed in a CDC publication) is conducted.". Ot)) CLERICAL AMENDMENT.The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2369 the following new item:
"2370. Biological Defense Research Program.". SEC. 242. FUNDING FOR FACILITY FOR COLLABORATIVE RESEARCH AND TRAINING FOR MILITARY MEDICAL PERSONNEL
(a) FUNDING.Of the amounts authorized to be appropriated pursuant to section 201 for fiscal year 1991, $18,000,000 shall be available, subject to subsection (bX3), to the Secretary of Defense as a contribution toward the construction of a facility as part of a complex to enable collaborative research and training for Department of Defense military medical personnel in the following fields:
104 STAT. 1518
(1) Trauma care. (2) Head, neck, and spinal injury. (3) Paralysis. (4) Neurosciences and neurodegenerative diseases. Ot)) REQUIREMENTS.(1) Such a contribution may be made only for a facility that will (A) support education, training, treatment, and rehabilitative services related to the fields described in subsection (a); and (B) support neuroscience research with relevance for the medical mission of the Department of Defense. (2) Such a contribution may be made only for a facility to be located at an institutional setting that (A) has received national recognition for its work in the fields listed in subsection (a); and (B) can best facilitate interagency collaborative research, education, and training activities. (3) The amount of a contribution under subsection (a) may not exceed 33 percent of the total cost of such complex.
SEC. 243. GRANT FOR AN INSTITUTE FOR ADVANCED SCIENCE AND TECHNOLOGY
(a) AUTHORITY TO MAKE GRANT.Of the amount authorized to be appropriated pursuant to section 201 for the Defense Agencies, $10,000,000 shall be available for a grant to be awarded through the use of competitive procedures to an institution of higher education to establish an institute for advanced science and technology. G)) QUALIFICATIONS.The Secretary of Defense shall select an institution for award of a grant under subsection (a) based upon demonstrated competence of the institution's faculty. The institution selected for the grant must (1) be a nationally recognized center conducting artificial intelligence research and education in the areas of natural language and speech processing and task oriented computer animation; (2) be carr3dng out research on electronically and ionically conducted organic pol3miers; and (3) have demonstrated competence in research and education in nonlinear optics and visual analysis. (c) COST-SHARING REQUIREMENT.The grant shall be available for initial construction of a facility, the Federal share of which may not exceed 50 percent of the total cost. (d) PURPOSE OF GRANTS. The grant shall be designed to support development of critical technologies as identified by the Department of Defense in its Critical Technologies Plan as required by Public Law 100-456.
SEC. 244. SUPPORT FOR ADVANCED RESEARCH PROJECTS
Of the amounts authorized to be appropriated pursuant to section 201, $50,000,000 shall be available for the support (through the Defense Advanced Research Projects Agency) of advanced precompetitive research provided for in cooperative agreements and other transactions authorized by section 2371 of title 10, United States Code.
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SEC. 245. COMPETITION IN CONTRACTING FOR COMPUTERS AND SOFTWARE

(a) CONGRESSIONAL CONCERNS REGARDING DEFENSE COMPUTER
PROCUREMENT.The Congress notes the concern regarding the manner in which solicitations are performed for computer procurement for components of the Department of Defense. 0)) GAO REVIEW.The Comptroller General of the United States shall conduct a review of a selected number of planned and recently completed computer procurements for components of the Department of Defense to determine if those solicitations provide any barriers to full and open competition for United States computer suppliers. The procurements reviewed shall include the Air Force procurement for Tactical Air Force Workstations under solicitation F19630-90-R-0014 and the Army procurement for Light Weight Computer Unit under solicitation DAAB07-90-R-L100. (c) MATTERS TO B E INCLUDED IN REVIEW.The review shall determine in the case of each solicitation reviewed (1) whether unnecessary or non-germane specifications, evaluation factors, unwarranted performance requirements, packaging requirements, or other limiting bias factors are present; (2) whether the solicitation contains restrictive requirements in excess of minimum Government needs; (3) whether Government developed applications software is favored over commercial "off the shelf" software solutions and the sufficiency of the rationale to support Government development; (4) the need for components of the Department of Defense to agree upon a standard prescribed architecture and operating system; and (5) the cost effectiveness of computer procurements based on the realism of specifications as compared to intended use. Statements regarding the degree of assessment supporting the specification development and rigidity as they limit or tend to limit offerers or contract awards are to be included. (d) REPORT TO CONGRESS.The Comptroller General shall complete the study and submit a report on the results of the study to the Committees on Armed Services of the Senate and House of Representatives not later than three months after the date of the enactment of this Act. SEC. 246. ADVISORY COMMISSION ON CONSOLIDATION AND CONVERSION OF DEFENSE RESEARCH AND DEVELOPMENT LABORATORIES (a) EsTABUSHMENT.There is established a commission to be known as the "Commission on the Consolidation gmd Conversion of Defense Research and Development Laboratories" (hereinafter in this section referred to as the "Commission"). (b) DUTIES.(1) The Commission shall conduct a study to determine the feasibility and desirability of various means to improve the operation of laboratories of the Department of Defense. (2) In conducting the study described in this subsectioh, the Commission shall (A) consider such means as (i) conversion of some or all such laboratories to Government-owned, contractor-operated laboratories; (ii) modification of the missions and functions of some or all such laboratories; and
104 STAT. 1520
(iii) consolidation or closure of some or all such laboratories; and (B) determine (i) the short-term costs and long-term cost savings that are likely to result from such consolidation, closure, or conversion; and (ii) a proposed schedule for each consolidation, closure, or conversion of a laboratory considered appropriate by the Commission. (c) COMPOSITION.(1) The Commission shall be composed of 13 members, as follows: (A) The Director of Defense Research and Engineering who shall be the chairman of the Commission. (B) Six members appointed by the Secretary of Defense from among officers and employees of the Federal Government, including at least one director of a research and development laboratory of each military department. (C) Six members appointed by the Secretary from among persons in the private sector. (2) The Secretary of Defense shall make all appointments under subparagraphs (B) and (C) of paragraph (1) within 60 days after the date of the enactment of this Act. (3) Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) MEETINGS; QUORUM.(1) The Commission shall convene its first meeting within 15 days after the first date on which all members of the Commission have been appointed. Thereafter, the Commission shall meet at the discretion of its Chairman or at the call of a majority of its members. (2) Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) COMPENSATION OF MEMBERS; TRAVEL EXPENSES.(1) Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for grade GS-18 of the Greneral Schedule under section 5332 of title 5, United States Cc)de, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) REPORT TO SECRETARY.Not later than September 30,1991, the Commission shall submit to the Secretary a report containing the Commission's recommendations regarding the matters considered and determined by the Commission pursuant to subsection (b).
104 STAT. 1521
(g) REPORT BY SECRETARY.Not later than 30 days after the date of the suhmission of the report pursuant to subsection (f), the Secretary shall transmit such report to each House of the Congress, together with any comments that the Secretary considers appropriate. (h) TERMINATION.The Commission shall terminate 90 days after the date on which the Commission submits its report to the Secretary pursuant to subsection (g).
SEC. 247. NATIONAL DEFENSE SCIENCE AND ENGINEERING EDUCATION
(a) IN GENERAL.(1) Chapter 111 of title 10, United States Code, is amended by adding at the end the following: " 2192. Science, mathematics, and engineering education "(a) The Secretary of Defense, in consultation with the Secretary of Education, shall, on a continuing basis "(1) identify actions which the Department of Defense may take to improve education in the scientific, mathematics, and engineering skills necessary to meet the long-term national defense needs of the United States for personnel proficient in such skills; and "(2) establish and conduct programs to carry out such actions. *'Qo) The Secretary shall designate an individual within the Office of the Secretary of Defense to advise and assist the Secretary regarding matters relating to science, mathematics, and engineering education and training. " 2193. Science and mathematics education improvement program "(aXD The Secretary of Defense may, in accordance with the Grant programs. provisions of this subsection, carry out a program for awarding grants to students who have been accepted for enrollment in, or who are enrolled in, an institution of higher education as undergraduate or graduate students in scientific and engineering disciplines critical to the national security functions of the Department of Defense. "(2) Grant proceeds shall be disbursed on behalf of students awarded grants under this subsection to the institutions of higher education at which the students are enrolled. No grant proceeds shall be disbursed on behalf of a student until the student is enrolled at an institution of higher education. "(3) The amount of a grant awarded a student under this subsection may not exceed the student's cost of attendance. "(4) ITie amount of a grant awarded a student under this subsection shgill not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those other forms of Federal student finsmcial assistance. "(5) The Secretary shall give priority to awarding grants under this subsection in a manner likely to stimulate the interest of women and members of minority groups in pursuing scientific and engineering careers. The Secretary may consider the financial need of applicants in making awards in accordance with such priority. "(b) The Secretary of Defense, in coordination with the Secretary of Education, may establish programs for the purpose of improving the mathematics and scientific knowledge and skills of elementary and secondary school students and faculty members. "(c) In this section:
104 STAT. 1522
PUBLIC LAW 101-510NOV. 5, 1990 "(1) The term 'institution of higher education' has the meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). "(2) The term 'cost of attendance' has the meaning given such term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 108711).
Grovernment contracts.
Minority groups.
Women. Minority groups.
" 2194. Education partnerships "(a) The Secretary of Defense shall authorize the director of each defense laboratory to enter into one or more education partnership agreements with educational institutions in the United States for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education. The educational institutions referred to in the preceding sentence are local education agencies, colleges, universities, and any other nonprofit institutions that are dedicated to improving science, mathematics, and engineering education. "(b) Under a partnership agreement entered into with an educational institution under this section, the director of a defense laboratory may provide assistance to the educational institution by"(1) loaning defense laboratory equipment to the institution; "(2) transferring to the institution defense laboratory equipment determined by the director to be surplus; "(3) making laboratory personnel available to teach science courses or to assist in the development of science courses and materials for the institution; "(4) involving faculty and students of the institution in defense laboratory research projects; "(5) cooperating with the institution in developing a program under which students may be given academic credit for work on defense laboratory research projects; and "(6) providing academic and career advice and assistance to students of the institution. "(c) The Secretary of Defense shall ensure that the director of each defense laboratory shall give a priority under this section to entering into an education partnership agreement with one or more historically Black colleges and universities and other minority institutions referred to in paragraphs (3), (4), and (5) of section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)). "(d) The Secretary of Defense shall ensure that, in entering into education partnership agreements under this section, the director of a defense laboratory gives a priority to providing assistance to educational institutions serving women, members of minority groups, and other groups of individuals who traditionally are involved in the engineering and science professions in disproportionately low numbers. "(e) In this section, the term 'local education agency' has the meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)). "2195. Department of Defense cooperative education programs "(a) The Secretary of Defense shall ensure that the director of each defense laboratory establishes, in association with one or more public or private colleges or universities in the United States or one or more consortia of colleges or universities in the United States,
104 STAT. 1523
cooperative work-education programs for undergraduate and graduate students. "(b) Under a cooperative work-education progrgun established under subsection (a), a director referred to in that subsection may, without regard to any applicable non-statutory limitation on the number of authorized personnel or on the aggregate amount of any personnel cost "(1) make an offer for participation in the cooperative workeducation program directly to a student and appoint such student to an entry-level position of employment in the laboratory of such director; "(2) pay such person a rate of basic pay, not to exceed the maximum rate of pay provided for grade GS-9 under the General Schedule under section 5332 of title 5, that is competitive with compensation levels provided for entry-level positions in similar industry-sponsored cooperative work-education programs; "(3) pay all travel expenses between the college or university in which the student is enrolled and the laboratory concerned for not more than six round trips per year; and "(4) pay dl or part of such fees, charges, and costs related to the participation of such student in the cooperative work-education program as tuition, matriculation fees, charges for library and laboratory services, materials, and supplies, and the purchase or rental price of books. "(c) A director of a defense laboratory may "(1) require a student, as a condition for receiving payments referred to in subsection (bX4), to enter into a written agreement to continue employment in such defense laboratory for a period of service specified in the agreement; or "(2) make such payments without requiring such an agreement. " 2196. Definition "In this chapter, 'defense laboratory' means a laboratory operated by the Department of Defense or owned by the Department of Defense and operated by a contractor or a facility of a Defense Agency at which research and development activities are conducted.". (2XA) The heading of chapter 111 of such title is amended to read as follows: "CHAPTER 111SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION". (B) The tables of chapters at the beginning of subtitle A of such title and at the beginning of part III of such subtitle are each amended by striking out the item relating to chapter 111 and inserting in lieu thereof the following:
"111. Support of Science, Mathematics, and Engineering Education 2191".
(C) The table of sections at the beginning of such chapter is amended by adding at the end the following:
"2192. Science, mathematics, and engineering education. "2193. Science and mathematics education improvement program. "2194. Education partnerships.
104 STAT. 1524
"2195. Department of Defense cooperative education programs. "2196. Definition.". Ot)) RECOMMENDATIONS OF THE SECRETARY OF DEFENSE TO THE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY.Not
later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall transmit to the Director of the Office of Science and Technology Policy the Secretary's determinations regarding measures initially identified pursuant to section 2192(a)(1) of title 10, United States Code (as added by subsection (a)), as actions which the Department of Defense may take to improve education in the scientific, mathematics, and engineering skills necessary to meet the long-term national defense needs of the United States for personnel proficient in those skills.
SEC. 248. ESTABLISHMENT OF DEPARTMENT OF DEFENSE TECHNOLOGY
OFFICE IN J A P A N
(a) IN GENERAL.The Secretary of Defense shall establish an office of the Department of Defense in Japan to investigate, evaluate, and facilitate opportunities for cooperation between the United States and Japan for the development of technologies of interest to the Department of Defense. Ot)) DEADLINE.The Secretary of Defense shall establish such office no later than September 30,1991. SEC. 249. GRANT FOR STUDY AND ANALYSIS OF THE SOVIET UNION AND CERTAIN OTHER COUNTRIES Of the amounts authorized to be appropriated pursuant to section 201, $600,000 shall be available for making a grant to one or more qualified nonprofit organizations for the support of research and analyses by emigrants from the Soviet Union, the countries of Eastern Europe (including Albania), and Cuba regarding political, economic, social, and other developments in those countries. TITLE IIIOPERATION AND MAINTENANCE
PART AAUTHORIZATION OF APPROPRIATIONS SEC. 301. OPERATION AND MAINTENANCE FUNDING
(a) AUTHORIZATION OF APPROPRIATIONS.Funds are hereby authorized to be appropriated for fiscal year 1991 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintensince in amounts as follows: (1) For the Army, $21,899,881,000. (2) For the Navy, $23,165,935,000. (3) For the Marine Corps, $1,892,200,000. (4) For the Air Force, $20,624,110,000. (5) For the Defense Agencies, $8,317,421,000. (6) For the Army Reserve, $909,100,000. (7) For the Naval Reserve, $998,000,000. (8) For the Marine Corps Reserve, $84,800,000. (9) For the Air Force Reserve, $1,065,900,000. (10) For the Army National Guard, $1,980,400,000. (11) For the Air National Guard, $2,247,200,000. (12) For the National Board for the Promotion of Rifle Practice, $4,000,000. (13) For the Defense Inspector General, $98,519,000.
104 STAT. 1525
(14) For Drug Interdiction and Counter-drug Activities, Defense, $1,084,100,000. (15) For the Court of Military Appeals, $5,400,000. (16) For Environmental Restoration, Defense, $1,062,527,000. (17) For Humanitarian Assistance, $13,000,000.
(b) SPECIAL AUTHORIZATION FOR (CONTINGENCIES.There are au-
thorized to be appropriated for fiscal year 1991, in addition to the amounts authorized to be appropriated in subsection (a), such sums as may be necessary (1) for unbudgeted increases in fuel costs; and (2) for unbudgeted increases as a result of inflation in the cost of activities authorized by subsection (a).
SEC. 302. WORKING CAPITAL FUNDS
Funds are hereby authorized to be appropriated for fiscal year 1991 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working-capital funds in amounts as follows: (1) For the Army Stock Fund, $302,500,000. (2) For the Air Force Stock Fund, $887,900,000. (3) For the Army Industrial Fund, $151,100,000. (4) For the Navy Industrial Fund, $238,700,000. (5) For the Defense Industrial Fund, $4,000,000.
SEC. 303. HUMANITARIAN ASSISTANCE
(a) PURPOSE.(1) Funds appropriated pursuant to the authorization in section 301(aX17) for humanitarian assistance shall be used for the purpose of providing transportation for humanitarian relief for persons displaced or who are refugees because of the invasion of Afghsmistan by the Soviet Union. (2) Of the funds authorized to be appropriated for fiscal year 1991 pursuant to such section for such purpose, not more than $3,000,000 shall be available for distribution of humanitarian relief supplies to displaced persons or refugees who are noncombatants, including those affiliated with the Cambodian nonClommunist resistance, at or near the border between Thailand and Cambodia. (b) AUTHORITY T O TRANSFER FUNDS.The Secretary of Defense may transfer to the Secretary of State not more than $3,000,000 of the funds appropriated pursuant to such section for fiscal year 1991 for humanitarian assistance, other than the funds described in subsection (aX2), to provide for (1) the pajrment of administrative costs incurred in providing the transportation described in subsection (a); and (2) the purchase or other acquisition of transportation assets for the distribution of humanitarian relief supplies in the country of destination.
(c) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF
STATE.Transportation for humanitarian relief provided with funds appropriated pursuant to such section for humanitarian assistance shall be provided under the direction of the Secretary of State.
(d) MEANS OF TRANSPORTATION TO B E USED.Transportation for
humanitarian relief provided with funds appropriated pursuant to such section for humanitarian assistance shall be provided by the most economical commercial or military means available, unless the Secretary of State determines that it is in the national interest of the United States to provide transportation other than by the most economical means available. The means used to provide such
104 STAT. 1526
transportation may include the use of aircraft and personnel of the reserve components of the Armed Forces. (e) AVAILABILITY OF FUNDS.Funds appropriated pursuant to such section for humanitarian assistance shall remain available until expended, to the extent provided in appropriation Acts. (f) REPORTS TO CONGRESS.(1) The Secretary of Defense shall submit (at the times specified in paragraph (2)) to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report on the provision of humanitarian assistance under the humanitarian relief laws specified in paragraph (4). (2) A report required by paragraph (1) shall be submitted (A) not later than 60 days after the date of the enactment of this Act; (B) not later than June 1,1991; and (C) not later than June 1 of each year thereafter until all funds available for humanitarian assistance under the humanitarian relief laws specified in paragraph (4) have been obligated. (3) A report required by paragraph (1) shall contain (as of the date on which the report is submitted) the following information: (A) The total amount of funds obligated for humanitarian relief under the humanitarian relief laws specified in paragraph (4). (B) The number of scheduled and completed flights for purposes of providing humanitarian relief under the humanitarian relief laws specified in paragraph (4). (C) A description of any transfer (including to whom the transfer is made) of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2547 of title 10, United States Code. (4) The humanitarian relief laws referred to in paragraphs (1), (2), and (3) are the following: (A) This section. (B) Section 305 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 617). (C) Section 331 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1078). (D) Section 303 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1948). (E) Section 304 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat, 1409). (5) Section 304(f)(2) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1409) is amended by striking out subsection (f).
SEC. 304. ASSISTANCE TO THE 1990 WINTER WORLD SERIES TORCH RUN AND THE 1991 FREESTYLE WORLD CHAMPIONSHIPS
Of the amounts authorized to be available to the Department of Defense for the provision of logistical support and personnel services for the 1990 Goodwill Games, $100,000 may be used by the Secretary of Defense to provide medical and ambulance support for (1) the Winter World Series Torch Run to be held in the State of New York between November 1, 1990, and December 7, 1990; (2) the Freestyle World Championships to be held at the Oljonpic Center in Lake Placid, New York, between February 10,1991, and March 3,199L

SEC. 305. EXTENDED COLD WEATHER CLOTHING SYSTEMS
104 STAT. 1527
Of the amount authorized to be appropriated under section 301(aXl) for operation and maintenance for the Army for fiscal year 1991, $39,951,000 may be used for the acquisition of clothing under the Extended Cold Weather Clothing System,
PART BLIMITATIONS SEC. 311. LIMITATION ON OBLIGATIONS AGAINST STOCK FUNDS
(a) LIMITATION.(1) The Secretary of Defense may not incur obligations sigainst the stock funds of the Department of Defense during fiscal year 1991 in excess of 80 percent of the sales from such stock funds during that fiscal year. (2) For purposes of determining the amount of obligations against, and sales from, the stock funds during fiscal year 1991, the Secretary shall exclude obligations and sales for fuel and subsistence items. Ot)) EXCEPTION.The Secretary of Defense may waive the limitation contsiined in subsection (a) if the Secretary determines that such waiver is critical to the national security of the United States. The Secretary shall immediately notify Congress of any such waiver and the reasons for such waiver.
SEC. 312. PROHIBITION ON MANAGEMENT OF CIVILIAN PERSONNEL BY END STRENGTHS DURING FISCAL YEAR 1991 (a) MANAGEMENT BY E N D STRENGTH.Notwithstanding section
129(aX3) of title 10, United States Code, the civilian personnel of the Department of Defense may not be maneiged during fiscal year 1991 on the basis of any constrgiint or limitation (known as an "endstrength") on the number of such personnel who may be employed on the last day of such fiscsil year or any constraint or limitation carried out through the measurement of full-time equivsilent employees or other related methodology.
db) WAIVER OF CIVIUAN PERSONNEL AUTHORIZATIONS.Subsec-
tions (aX4) and (bX4) of section 115 of title 10, United States Code (as amended by section 1483(a)), shall not apply with respect to fiscal year 1991 or with respect to the appropriation of funds for that fiscal year.
PART CCHANGES TO EXISTING LAW SEC. 321. COMMISSARY AND OTHER PRIVILEGES FOR CERTAIN MEMBERS OF A RESERVE COMPONENT AND CERTAIN OTHER PERSONS (a) U S E OF COMMISSARY STORES BY MEMBERS OF THE READY RE-
SERVE.(1) Subsection (a) of section 1063 of title 10, United States Code, is amended to read is follows: "(a) ELIGIBILITY OF MEMBERS OF READY RESERVE.A member of the Ready Reserve who performs active duty for training (or annual training without compensation equivalent to active duty for training) shall accrue eligibility to use commissary stores of the Department of Defense for each day of that training. The Secretary concerned shall authorize the member to have one day of eligibility for using commissary stores, up to 12 days each calendar year, for the performance of that duty.". (2) Section 1063(a) of title 10, United States Code (as amended by 10 USC 1063 subsection (a)), shall apply with respect to active duty for trgiining or ^^-
104 STAT. 1528
annual training performed by a member of the Ready Reserve after the date of the enactment of this Act.
O> USE OF COMMISSARY STORES BY CERTAIN OTHER PERSONS. t)
Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section: " 1064. Use of commissary stores by certain members and former members "Under regulations prescribed by the Secretary of Defense, a person who would be eligible for retired pay under chapter 67 of this title but for the fact that the person is under 60 years of age shall be authorized to use commissary stores of the Department of Defense for 12 days each calendar year.".
(c) USE OF MORALE, WELFARE, AND RECREATION FACIUTIES.Chap-
ter 54 of title 10, United States Code, is further amended by adding after section 1064, as added by subsection ft)), the following new section: " 1065. Use of certain morale, welfare, and recreation facilities by members of reserve components and dependents
"(a) UNRESTRICTED U S E REQUIRED.Members of the Selected Re-
serve in good standing (as determined by the Secretary concerned) and members who would be eligible for retired pay under chapter 67 of this title but for the fact that the member is under 60 years of age, and the dependents of such members, shall be permitted to use the exchange stores and other revenue generating facilities operated by nonappropriated fund activities of the Department of Defense for the morale, welfare, and recreation of members of the Armed Forces. Such use shall be permitted on the same basis as members on active duty. "(\}) EuGiBiuTY TO USE AUTHORIZED.Subject to such regulations as the Secretary of Defense may prescribe, members of the Ready Reserve (other than members of the Selected Reserve) may be permitted to use the facilities referred to in subsection (a) on the same basis as members serving on active duty.". (d) CLERICAL AMENDMENT.The table of sections at the beginning of such chapter is amended by adding at the end the following new items:
"1064. Use of commissary stores by certain members and former members. "1065. Use of certain morale, welfare, and recreation facilities by members of reserve components and dependents.". 10 u s e 1064 (e) EFFECTIVE DATE AND DEADLINE FOR REGULATIONS,(1) The
"*^
amendments made by subsections (b) and (c) shall take effect 120 days after the date of the enactment of this Act. (2) The Secretary of Defense shall prescribe such regulations as may be necessary for the proper administration of sections 1064 and 1065 of title 10, United States Code, as added by this section, not later than 90 days after the date of the enactment of this Act.
SEC. 322. GUIDELINES FOR FUTURE REDUCTIONS OF CIVILIAN EMPLOYEES OF INDUSTRIAL-TYPE OR COMMERCIAL-TYPE ACTIVITIES
(a) GUIDELINES REQUIRED.(1) Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section:
104 STAT. 1529
" 1597. Employees of industrial-type or commercial-type activities: guidelines for future reductions "(a) EsTABUSHMENT OF GuiDEUNES.The Secretary of Defense shall establish guidelines for reductions in the number of civilian employees of the Department of Defense who are employed by industrial-t)T)e activities or commercial-type activities described in section 2208 of this title. These guidelines shall include procedures for reviewing civilian positions for reductions in those activities according to the following order: "(1) Positions filled by foreign national employees overseas. "(2) All other positions filled by civilian employees overseas. "(3) Overhead, indirect, and administrative positions in headquarters or field operating agencies in the United States. "(4) Direct operating or production positions in the United States. "0)) MASTER PLAN.(1) Each agency or component of the Department of Defense that employs persons referred to in subsection (a) shall include in the materials submitted by the Secretary of Defense to Congress in support of the budget request for the Department of Defense for fiscal year 1992 a five-year civilian personnel master plan that includes the following: "(A) Demographic information on each activity, including number and type (overhead, administrative, or direct labor) of personnel in the activity. "(B) Current and projected workload and manpower requirements for each activity. "(2) Each agency or component of the Department of Defense that employs persons referred to in subsection (a) and whose budget request for a fiscal year would require a furlough for, or an involuntary reduction in, such employees shall include in the materials submitted by the Secretary of Defense to Congress in support of the budget request for the Department of Defense for that fiscal year a five-year civilian personnel master plan that contains the following: "(A) The information required under paragraph (1). "(B) A listing of all activities within the component or agency planning the furlough or involuntary reduction. "(C) An examination of the effect of such furlough or involuntary reduction on workload requirements. (D) A summary of the factors used by management to determine the size and location of the proposed furlough or involuntary reduction. "(c) EXCEPTION.The Secretary of Defense may permit deviations from the guidelines established under subsection (a) or a master plan prepared under subsection (b) if the Secretary determines that such deviation is critical to the national security of the United States. The Secretary shall immediately notify the Congress of any such deviation and the reasons for such deviation.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"1597. Employees of industrial-t3T)e or commercial-tjrpe activities: guidelines for future reductions.". (b) INVOLUNTARY REDUCTIONS OF CIVIUAN PERSONNEL IN FISCAL YEAR 1991.After the date of the enactment of this Act, an agency lo u s e 1597
"^-
or component of the Department of Defense may not implement any involuntary reductions or furloughs of civilian personnel in industrial-t)T)e or commercial-t5T)e activities in fiscal year 1991 until 45
104 STAT. 1530
days after the date on which the agency or component submits a report to Congress outlining the reasons why such reductions or furloughs are required and including a description of any changes in workload and manpower requirements that will result from those reductions or furloughs.
SEC. 323. INVENTORY MANAGEMENT POLICIES
(a) IN GENERAL.(1) Chapter 145 of title 10, United States Code, is amended by adding at the end the following new section: " 2458. Inventory management policies "(a) PoucY REQUIRED.The Secretary of Defense shall issue a single, uniform policy on the management of inventory items of the Department of Defense. Such policy shall "(1) establish maximum levels for inventory items sufficient to achieve and maintain only those levels for inventory items necessary for the national defense; and "(2) provide guidance to item mansigers and other appropriate officials on how effectively to eliminate wasteful practices in the acquisition and management of inventory items. "OJ) PERSONNEL EVALUATIONS.The Secretary of Defense shall establish procedures to ensure that, with regard to item managers and other personnel responsible for the acquisition and management of inventory items of the Department of Defense, personnel appraisal systems for such personnel give appropriate consideration to efforts made by such personnel to eliminate wasteful practices and achieve cost savings in the acquisition and management of inventory items.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"2458. Inventory management policies.". note.
10 ysc 2458
(b) DATE OF ISSUANCE OF POLICY.The policy required by section 2458(a) of title 10, United States Code (as added by subsection (a)), shall be issued not later than 180 days after the date of the enactment of this Act. SEC. 324. EXPANSION OF AUTHORITY TO DONATE FOOD TO CHARITABLE NONPROFIT FOOD BANKS
(a) INCLUSION OF MESS FOOD, MEALS READY-TO-EAT, AND OTHER
FOOD.Section 2485 of title 10, United States C!ode, is amended (1) by striking out "commissary store" in subsection (a); (2) by striking out subsection (b) and inserting in lieu thereof the following: "(b) Food that may be donated under this section is commissary store food, mess food, meals ready-to-eat (MREs), and other food available to the Secretary of a military department that "(1) is certified as edible by appropriate food inspection technicians; "(2) would otherwise be destroyed as unusable; and "(3) in the case of commissary store food, is unmarketable and unsaleable."; and (3) by striking out "A donation" in subsection (c) and inserting in lieu thereof "In the case of commissary store food, a donation". (b) CLERICAL AMENDMENTS.(1) The heading of such section is amended to read as follows:
104 STAT. 1531
" 2485. Donation of unusable food: commissary stores and other activities". (2) The item relating to such section in the table of sections at the beginning of chapter 147 of such title is amended to read as follows:
"2485. Donation of unusable food: commissary stores and other activities.". SEC. 325. AUTHORITY TO EXCHANGE PROPERTY FOR SERVICES IN CONNECTION WITH HISTORICAL COLLECTIONS
Section 257203) of title 10, United States Code, is amended (1) by striking out the period at the end of paragraph (1) and inserting in lieu thereof "or for search, salvage, and restoration services which directly benefit the historical collection of the armed forces."; and (2) in paragraph (2) (A) by inserting ", or services provided," in the first sentence after "property transferred" the first place it appears; and (B) by inserting "in the case of an exchange of property for property" in the second sentence sifter "preceding sentence".
SEC. 326. AUTHORITY TO FURNISH TRANSPORTATION IN CERTAIN AREAS OUTSIDE THE UNITED STATES
(a) AUTHORITY TO FURNISH TRANSPORTATION.(1) Chapter 157 of title 10, United States Code, is amended by inserting after section 2636 the following new section: " 2637. Transportation in certain areas outside the United States "The Secretary of Defense may authorize the commander of a unified combatant command to use Government owned or leased vehicles to provide transportation in an area outside the United States for members of the uniformed services and Federal civilian employees under the jurisdiction of that commander, and for the dependents of such members and employees, if the commander determines that public or private transportation in such area is unsafe or not available. Such transportation shall be provided in Regulations. accordance with regulations prescribed by the Secretary of Defense.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2636 the following new item:
"2637. Transportation in certain areas outside the United States.". OJ) CONFORMING AMENDMENT.Section 1344(c) of title 31, United States Code, is amended by inserting ", section 2637 of title 10," after "Act of 1956". SEC. 327. AUTHORIZATION FOR CERTAIN BANDS OF THE ARMED FORCES TO PRODUCE RECORDINGS FOR COMMERCIAL SALE
(a) ARMY.Section 3634 of title 10, United States Code, is amended (1) by striking out "No" and inserting in lieu thereof "(a) PROHIBITION.Except as provided in subsection 0)), no", and (2) by adding at the end the following new subsection:
104 STAT. 1532
Regulations.
Regulations.
"db) RECORDINGS.(1) Any Army band designated as a special band may produce recordings for commercisd sale. "(2) Amounts received as proceeds from the sale of any such recordings may be credited to applicable appropriations of the Department of the Army for expenses of Army bands. "(3) The Secretary of the Army shall prescribe regulations governing the accounting of such proceeds.". (b) NAVY AND MARINE CORPS.(1) Section 6223 of such title is amended by adding at the end the following new subsection: "(c) EXCEPTION FOR COMMERCIAL RECORDINGS.(1) Notwithstanding any limitation contained in subsection (a) or (b), any Navy band or Marine Corps band designated as a special band may produce recordings for commercial sale. "(2) Amounts received as proceeds from the sale of any such recordings may be credited to applicable appropriations of the Department of the Navy for expenses of Navy and Marine Corps bands. "(3) The Secretary of the Navy shall prescribe regulations governing the accounting of such proceeds.". (2) Such section is further amended
(A) by inserting "NAVY BANDS AND MEMBERS." after "(a)";
Regulations.
and (B) by inserting "MEMBERS OF MARINE CORPS BANDS." after "(b)". (c) AIR FORCE.Section 8634 of such title is amended (1) by striking out "No" and inserting in lieu thereof "(a) PROHIBITION.Except as provided in subsection (b), no", and (2) by adding after subsection (a) the following new subsection: "(b) RECORDINGS.(1) Any Air Force band designated as a special band may produce recordings for commercial sale. "(2) Amounts received as proceeds from the sale of any such recordings may be credited to applicable appropriations of the Department of the Air Force for expenses of Air Force bands. "(3) The Secretary of the Air Force shall prescribe regulations governing the accounting of such proceeds.". (d) CloAST GUARD.(1) Chapter 17 of title 14, United States Code, is amended by inserting after section 639 the following new section: " 640. Coast Guard band recordings for commercial sale "(a) The Coast Guard band may produce recordings for commercial sale. "(b) Amounts received as proceeds from the sale of any such recordings may be credited to applicable appropriations of the Coast Guard for expenses of the Coast (juard band. "(c) The Secretary shall prescribe regulations governing the accounting of such proceeds.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 639 the following new item:
"640. Coast Guard band recordings for commercial sale.".
Regulations.
(e) (CONFORMING AMENDMENT.Section 974 of title 10, United States C!ode, is amended by striking out "section 6223 of this title" and inserting in lieu thereof "sections 3634, 6223, and 8634 of this title and section 640 of title 14,".

SEC. 328. ARMY PROGRAM TO PROMOTE CIVILIAN MARKSMANSHIP
104 STAT. 1533
(a) PROGRAM TO BE SELF-SUPPORTING.Section 4313 of title 10, United States Code, is amended to read as follows: " 4313. Promotion of civilian marksmanship: expenses
"(a) PROHIBITION ON APPROPRIATION OF FUNDS FOR CERTAIN EXPENSES AND SERVICES.Funds may not be appropriated for the
necessary or incidental expenses of, or personnel services connected with, any program conducted by the Department of the Army for the purpose of promoting marksmanship among civilians.
"(b) REIMBURSEMENT REQUIRED.Funds available to the Depart-
ment of Defense may be used to pay the costs of a program referred to in subsection (a) if the appropriation accounts used to pay those costs are reimbursed for the payment of those costs through fees paid by the persons or gun clubs participating in the program. "(c) FEES.The Secretary of the Army shall establish reasonable fees for persons and gun clubs participating in a program referred to in subsection (a). Such fees shall be established at a rate sufficient to cover the cost of operating the program, including the cost of pay and allowances earned by members of the armed forces while detailed under section 4307 or 4310 of this title, and members of the Army National Guard while detailed under section 316 of title 32, to assist in the promotion of civilian marksmanship. "(d) RETENTION OF FUNDS.Amounts collected by the Secretary of the Army under a program referred to in subsection (a) (including amounts collected from the sale of arms, ammunition, targets, and other supplies under section 4308 of this title) shall be retained by the Secretary to cover the cost of operating the program.".
(b) ABOLISHMENT OF ARMY'S ROLE IN THE CONSTRUCTION OF RIFLE RANGES FOR CIVIUAN RIFLE PRACTICE.Section 4308(a)(1) of that
title is amended by striking out "construction, equipment, maintenance, and operation" and inserting in lieu thereof "operation and maintenance".
(c) REQUIREMENT THAT SALES OF ARMY RIFLES AND AMMUNITION TO CIVILIANS BE MADE AT FAIR MARKET VALUE.Section 4308(a)(5) of
that title is amended by striking out "the sale" and all that follows through "rifled arms," and inserting in lieu thereof the following: "the sale (at fair market value) to citizens of the United States who are over the age of 18 and current members of a gun club,".
(d) ELIMINATION OF ANNUAL AUTHORIZATION OF APPROPRIATIONS FOR THE INCIDENTAL EXPENSES OF THE NATIONAL BOARD.Section
4308 of that title is amended (1) by striking out subsection (b); and (2) by redesignating subsection (c) as subsection (b). (e) USE OF RIFLE RANGES BY CIVILIANS.Section 4309 of that title is amended to read as follows: " 4309. Rifle ranges: available for use by members and civilians "(a) RANGES AVAILABLE.(1) All rifle ranges constructed in whole or in part with funds provided by the United States may be used by members of the armed forces and by able-bodied persons capable of bearing arms. "Ot)) MILITARY RANGES.(1) In the case of a rifle range referred to in subsection (a) located on a military installation, the Secretary of the Army shall establish reasonable fees for the use by civilians of
104 STAT. 1534
that rifle range to cover any costs incurred by the Army to make that rifle range available to civilians. "(2) Use of a rifle range referred to in paragraph (1) by civilians may not interfere with the use of those ranges by members of the armed forces. "(c) REGULATIONS.Regulations to carry out this section shall be prescribed by the authorities controlling the rifle range, subject to the approval of the Secretary of the Army.".
(f) SALE OF AMMUNITION FOR CIVILIAN RIFLE PRACTICE.Section
4311 of that title is amended by inserting "the sale o f before "such quantities". (g) CONFORMING AND CLERICAL AMENDMENTS.(1) The heading of section 4308 of that title is amended to read as follows: " 4308. Promotion of civilian marksmanship: authority of the Secretary of the Army". (2) The table of sections at the beginning of chapter 401 of that title is amended (A) by striking out the items relating to sections 4308 and 4309 and inserting in lieu thereof the following:
"4308. Promotion of civilian marksmeinship: authority of the Secretary of the Army. "4309. itifle ranges: available for use by members and civilians."; and
(B) by striking out the item relating to section 4313 and inserting in lieu thereof the following: 10 use 4308 "^made by this section shall take effect on October 1,1992. SEC. 329. SHIPS' STORES (a) SALES OF CJOODS AND SERVICES.(1) Chapter 651 of title 10, United States Code, is amended by striking out section 7604 and inserting in lieu thereof the following: " 7604. Ships' stores: sale of goods and services "Under such regulations and at such prices as the Secretary of the Navy may prescribe, the Secretary may provide for the sale of goods and services from ships' stores to members of the naval service and to such other persons as provided by law.". (2) The item relating to section 7604 in the table of sections at the beginning of that chapter is amended to read as follows:
"7604. Ships' stores: sale of goods and services.". "4313. Promotion of civilian marksmanship: expenses.". (h) APPUCATION OF AMENDMENTS.The amendments
Regulations. (3) The regulations required to be prescribed under section 7604 of 10 use 7604 title 10, United States Code (as amended by paragraph (1)), shall be "*first prescribed not later than 90 days after the date of the enactment of this Act. (b) REPORT ON OPERATION OF SHIPS' STORES.(1) Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to Congress a report reviewing the operations of all ships' stores and including such recommendations for improving such operations as the Secretary considers appropriate. (2) In conducting the review under paragraph (1), the Secretary shall consider the procurement and pricing policies of the ships' stores, the manner of organizing and managing the ships' stores,
104 STAT. 1535
and alternative methods by which the operations of the ships' stores may be funded.
SEC. 330. OPERATION OF THE INTER-AMERICAN AIR FORCES ACADEMY
(a) IN GENERAL.Chapter 907 of title 10, United States Code, is amended by adding at the end the following new section: " 9415. Inter-American Air Forces Academy "(a) OPERATION.The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-American Air Forces Academy for the purpose of providing military education and training to military personnel of Central and South American countries, Caribbean countries, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.). "(b) COSTS.The fixed costs of operating and maintaining the Inter-American Air Forces Academy may be psiid from funds available for operation and maintenance of the Air Force.", (b) CLERICAL AMENDMENT.The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"9415. Inter-American Air Forces Academy.". SEC. 331. ASSISTANCE PROGRAM FOR EMPLOYEES OF A NONAPPROPRIATED FUND INSTRUMENTALITY ADVERSELY AFFECTED BY BASE CLOSURES
Section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) is amended (1) in subsection (aXD, by inserting after "time limitation)" the following: ", a nonappropriated fund instrumentality employee employed at a nonappropriated fund instrumentality operated in connection with such base or installation,"; (2) in subsection (bXD, by adding at the end the following: "or employed by a nonappropriated fund instrumentality operated in connection with such base or installation,"; (3) in subsection (k), by striking "and (n) of this section" and inserting "(n), and (o)"; and (4) by adding at the end the following new subsection: "(oXl) Assistance under this section shgdl be provided by the Secretary of Defense with respect to nonappropriated fund instrumentality employees adversely affected by the closure of a base or installation ordered to be closed, in whole or in part, after December 31,1988. "(2) Notwithstanding subsection (b), a civilian employee who is serving overseas and is entitled to reemployment by the Federal Government (including a nonappropriated fund instrumentality of the United States) at or in connection with a base or installation ordered to be closed, in whole or in part, shall be entitled to the benefits of this section to the same extent as an employee employed at or in connection with that base or installation. "(3) All payments to a nonappropriated fund instrumentality employee under this section shall be made from the funds available to the Secretary of Defense under subsection (d). "(4) For purposes of this section: "(A) The term 'nonappropriated fund instrumentality employee' means a civilian employee who
104 STAT. 1536
PUBLIC LAW 101-510NOV. 5, 1990 "(i) is a citizen of the United States; and "(ii) is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Resale and Services Support Office, Marine Corps exchanges, or any other instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces. "(B) The term 'civilian employee' has the meaning given the term 'employee' in section 2105(a) of title 5, United States Code.".
PART DENVIRONMENTAL PROVISIONS
SEC. 341. ADDITIONAL REQUIREMENTS FOR ENVIRONMENTAL REPORT
>
Subsection (b) of section 2706 of title 10, United States Code, is amended to read as follows: "Ot)) REPORT ON ENVIRONMENTAL COMPUANCE.(1) Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to section 1105 of title 31), the Secretary of Defense shall submit to Congress a report containing the following: "(A) A statement of the funding levels and full-time personnel required for the Department of Defense to comply with applicable environmental laws during the fiscal year for which the budget is submitted. The statement shall set forth separately the funding levels and personnel required for the Department of Defense as a whole and for each military installation. "(B) A statement of the funding levels and full-time personnel requested for such purposes in the budget as submitted by the President, together with an explanation of any differences between the funding level and personnel requirements and the funding level and personnel requests in the budget. The statement shall set forth separately the funding levels and full-time personnel requested for the Department of Defense as a whole and for each military installation. "(C) A projection of the funding levels and full-time personnel that will be required over the next five fiscal years for the Department of Defense to comply with applicable environmental laws, set forth separately for the Department of Defense as a whole and for each military installation. "(D) An analysis of the effect that compliance with such environmental laws may have on the operations and mission capabilities of the Department of Defense as a whole and of each military installation. "(E) A statement of the funding levels requested in the budget for carrying out research, development, testing, and evaluation for environmental purposes or environmental activities of the Department of Defense. The statement shall set forth separately the funding levels requested for the Department of Defense as a whole and for each military department and Defense Agency. "(F) A description of the number and duties of current fulltime personnel, both civilian and military, who carry out environmental activities (including research) for the Department of Defense, including a description of the organizational
104 STAT. 1537
structure of such personnel from the Secretary of Defense down to the military installation level. "(2) In this subsection, the term 'military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.".
SEC. 342. REPORTING REQUIREMENTS ON ENVIRONMENTAL COMPLIANCE AT OVERSEAS MILITARY INSTALLATIONS (a) ADDITIONAL INFORMATION IN ENVIRONMENTAL BUDGET
REPORT.Paragraph (1) of section 2706(b) of title 10, United States Code, as amended by section 341, is amended by adding at the end the following new subparagraph: "(G) A statement of the funding levels and personnel required for the Department of Defense to comply with applicable environmental requirements for military installations located outside the United States during the fiscal year for which the budget is submitted.".
(b) POLICIES AND REPORT ON OVERSEAS ENVIRONMENTAL COMPUlo u s e 2701
ANCE.(1) The Secretary of Defense shall develop a policy for "*determining applicable environmental requirements for military installations located outside the United States. In developing the policy, the Secretary shall ensure that the policy gives consideration to adequately protecting the health and safety of military and civilian personnel assigned to such installations. (2) The Secretary of Defense shall develop a policy for determining the responsibilities of the Department of Defense with respect to cleaning up environmental contamination that may be present at military installations located outside the United States. In developing the policy, the Secretary shall take into account applicable international agreements (such as Status of Forces agreements), multinational or joint use and operation of such installations, relative share of the collective defense burden, and negotiated accommodations. (3) The Secretary of Defense shall develop a policy and strategy to ensure adequate oversight of compliance with applicable environmental requirements and responsibilities of the Department of Defense determined under the policies developed under paragraphs (1) and (2). In developing the policy, the Secretary shall consider using the Inspector General of the Department of Defense to ensure active and forceful oversight. (4) At the same time the President submits to Congress his budget for fiscal year 1993 pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to Congress a report describing the policies developed under paragraphs (1), (2), and (3). The report also shall include a discussion of the role of the Inspector General of the Department of Defense in overseeing environmental compliance at military installations outside the United States. (5) For purposes of this subsection, the term "military installation" means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military depart-
104 STAT. 1538
10 use 2701 "*10 u s e 2701 note.
ment which is located outside the United States and outside any territory, commonwealth, or possession of the United States. SEC. 343. EXTENSION OF DATE FOR COMPLETION OF STUDY ON WASTE RECYCLING Section 361(c) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1429) is amended by striking out "one year after the date of the enactment of this Act' and inserting in lieu thereof "March 1,1991".
SEC. 344. ENVIRONMENTAL EDUCATION PROGRAM FOR DEPARTMENT OF DEFENSE PERSONNEL (a) REQUIREMENT T O ESTABUSH PROGRAM.The Secretary of De-
fense shall establish a program for the purpose of educating Department of Defense personnel in environmental management.
(b) PROGRAM REQUIREMENTS.Under the program, the Secretary
shall (1) in consultation with environmental education personnel of colleges and universities in the United States that offer undergraduate and graduate level courses in a wide range of environmental disciplines, develop a curriculum of environmental manigement courses offered by such colleges and universities; (2) provide opportunities for Department of Defense personnel to attend such courses at such colleges and universities; and (3) develop the criteria for the selection of Department of Defense personnel to attend such courses. (c) FISCAL YEAR 1991 FUNDING MATTERS.Of the funds authorized to be appropriated pursuant to section 301, not more than $100,000 shall be available for the program established pursuant to subsection (a).
(d) RECOMMENDATIONS REGARDING CONTINUATION OF PROGRAM AFTER FISCAL YEAR 1991.Not later than the date on which the
President submits the budget for fiscal year 1992 to Congress pursuant to section 1105(a) of title 31, United States (Dode, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives in writing his recommendations regarding whether the program established under subsection (a) should be continued after September 30,1991.
10 u s e 2701 note. SEC. 345. USE OF OZONE DEPLETING SUBSTANCES WITHIN THE DEPARTMENT OF DEFENSE (a) DOD REQUIREMENTS FOR OZONE DEPLETING CHEMICALS OTHER
THAN CFCS.(1) In addition to the functions of the advisory committee established pursuant to section 356(c) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2701 note), it shall be the function of the (Dommittee to study (A) the use of methyl chloroform, hydrochlorofluorcarbons (HCFCs), and carbon tetrachloride by the Department of Defense and by contractors in the performance of contracts for the Department of Defense, and (B) the costs ind feasibility of using alternative compounds or technologies for methyl chloroform, HCFCs, and carbon tetrachloride. (2) Within 120 days after the date of the enactment of this Act, the Secretary shall provide the Committee with a list of all military specifications, standards, and other requirements that specify the use of methyl chloroform, HCFCs, or carbon tetrachloride. (3) Within 150 days after the date of the enactment of this Act, the Secretary shall provide the Clommittee with a list of all military
104 STAT. 1539
specifications, standards, and other requirements that do not specify use of methyl chloroform, HCFCs, or carbon tetrachloride but cannot be met without the use of one or more of such substances. (b) REQUIREMENT.In preparing the report required by section 356(d) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 and the report required by subsection (d) of this section, the C!ommittee shall work closely with the Strategic Environmental Research and Development Program Council and shall provide to such Council such reports. (c) EXTENSION OF REPORTING DEADUNE FOR CFCS.The deadline for submitting to Congress the report required by section 356(d) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 concerning the uses of CFCs is hereby extended to June 30, 1991.
(d) REPORTING DEADLINE FOR METHYL CHLOROFORM, H C F C S , AND CARBON TETRACHLORIDE.Not later than September 30, 1991, the
Secretary shall submit to Congress a report containing the results of the study by the Committee required by subsection (a)(1) of this section.
SEC. 346. PROHIBITION ON PURCHASES OF PERFORMANCE BONDS AND SIMILAR GUARANTIES
Funds appropriated or otherwise made available to the Department of Defense for fiscal year 1991 may not be obligated or expended for the purchase of surety bonds or other guaranties of financial responsibility to guarantee the performance of any direct function by the Department of Defense.
PART EMISCELLANEOUS SEC. 351. CONTINUATION OF AIR FORCE HURRICANE RECONNAISSANCE MISSION
The Secretary of the Air Force shall continue the operation of the hurricane reconnaissance mission of the Air Force during fiscal year 1991 at the same level as undertaken during fiscal year 1990 unless another Federal agency assumes responsibility for, and has funds to perform, such mission.
SEC. 352. ARMY RELIABILITY CENTERED-INSPECT AND REPAIR ONLY AS NECESSARY PROGRAM AT ANNISTON ARMY DEPOT
The Secretary of the Army may operate and maintain an Army Reliability Centered-Inspect and Repair Only as Necessary Program at Anniston Army Depot in Anniston, Alabama.
SEC. 353. VALIDATION OF PAYMENTS UNDER CERTAIN CONTRACTS FOR THE PROVISION OF MUNICIPAL SERVICES
Notwithstanding section 2465 of title 10, United States Code, or any other provision of law, any pa)nnent made before the date of the enactment of this Act under a contract entered into before that date by the Secretary of a military department with a unit of local government for the provision by such local government of police, fire, or other municipal service to the military department shall be held and considered to be a valid payment.
104 STAT. 1540
SEC. 354. MAINTENANCE OF FIREFIGHTING AND OTHER EMERGENCY SERVICES AT MILITARY INSTALLATIONS IN THE UNITED STATES
(a) MAINTENANCE OF SERVICES.(1) Consistent with the requirements of section 2465 of title 10, United States Code, the Secretary of a military department shall ensure that each military installation described in paragraph (2) under the jurisdiction of that Secretary is provided during fiscal year 1991 with firefighting and other emergency services through personnel and facilities of the installation, (2) A military installation referred to in paragraph (1) is a military installation in the United States that (A) is established during fiscal year 1991; or (B) on October 1, 1990, had firefighting and other emergency services provided through personnel and facilities of that installation. (b) REPORT.Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that (1) identifies each military installation in the United States that has more than 300 employees and is not provided with firefighting and related emergency services through personnel and facilities of the installation; and (2) contains a proposed plan that outlines the actions to be taken, related to cost and options, in providing such services.
SEC. 355. STAFF OF THE ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT
(a) REQUIREMENT FOR INCREASED STAFF.The Secretary of Defense shall increase the size of the permanent staff of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in accordance with this section. To achieve such increase, the Secretary may not reduce the size of the permanent staff authorized for the Under Secretary of Defense for Policy.
(b) SIZE OF STAFF.On and after May 1, 1991, the number of
employees of the Department of Defense assigned or detailed to duty to assist the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in the performance of the functions of the Assistant Secretary may not be less than the equivalent of 92 full-time employees.
(c) NUMBER OF SENIOR LEVEL EMPLOYEES.Nine of the employee
positions designated for the staff of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall be senior level employees who are recognized by rank for their managerial and supervisory duties,
(d) INCREASE IN TOTAL NUMBER OF DEPARTMENT OF DEFENSE EMPLOYEES NOT AUTHORIZED,This section does not authorize an
increase in the number of civilian employees that may be employed by the Department of Defense, (e) ASSESSMENT OF STAFF NEEDS,The Secretary of Defense shall provide for an assessment, by an organization outside the Department of Defense, of the staff requirements of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, The Secretary shall submit the results of that assessment to the Congress not later than 180 days after the date of the enactment of this Act, together with such comments and recommendations as the Secretary considers appropriate.
104 STAT. 1541
SEC. 356. DISCUSSIONS CONCERNING DEPARTMENT OF DEFENSE SUPPORT FOR 1996 SUMMER OLYMPICS (a) REQUIREMENT FOR DISCUSSIONS.The Secretary of Defense
shall initiate discussions between military and civilian personnel of the Department of Defense and appropriate Federal, State, and local officials and the Atlanta Organizing Committee for the Ol3anpic Games for the purpose of planning for security and logistical support that the Department of Defense may provide for the 1996 games of the XXVI Olympiad to be held in Atlanta, Georgia. (b) REPORT.Not later than April 15, 1991, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives describing the results of the discussions held pursuant to subsection (a).
SEC. 357. SENSE OF CONGRESS REGARDING THE TRANSFER TO EUROPE OF MILITARY EQUIPMENT THAT WOULD THEN BE DESTROYED OR REMOVED AS A RESULT OF AN ARMS CONTROL AGREEMENT
(a) FINDINGS.Congress finds the following: (1) The Secretary of Defense has announced commencement of substantial withdrawals of United States military personnel from Europe in anticipation of concluding an agreement that will reduce conventional forces in Europe and in recognition of the reduced threat in Europe. (2) The anticipated arms control agreement on conventional forces in Europe will require destruction or demilitarization of certain military equipment in excess of limits specified in the agreement. ^ (b) SENSE OF CONGRESS.It is the sense of Congress that (1) funds appropriated for the Department of Defense should not be used to transfer to Europe any military equipment that would have to be destroyed as a result of the anticipated arms control agreement on conventional forces in Europe; and (2) the Department of Defense should make every effort to avoid transferring to Europe any military equipment that would, after only a short period of time in Europe, have to be returned to the United States as a result of further withdrawals of United States military personnel from Europe.
PART FSTUDIES AND REPORTS SEC. 361. AUTHORIZATION FOR SHORT-TERM LEASE OF AIRCRAFT FOR INITIAL ENTRY ROTORY WING PILOT TRAINING AND STUDY REGARDING LONG-TERM LEASE
(a) AUTHORIZATION.(1) The Secretary of the Army may enter into a contract described in paragraph (2) for the lease of aircraft for initial entry helicopter pilot training to determine if the cost of leasing, operating, and maintaining such aircraft is less than the projected cost of operating and maintaining existing aircraft of the Army for the same purpose. (2) A contract referred to in paragraph (1) is a contract other than a contract (A) described in subsection (aXlXA) of section 2401 of title 10, United States Code; or (B) containing terms described in subsection (aXlXB) of that section.
104 STAT. 1542
(b) STUDY.In addition to the short-term lease authorized under subsection (a), the Secretary of Defense shall prepare the analysis required under section 2401(e)(1) of title 10, United States Code, preparatory to requesting under that section an authorization of a long-term lease or charter of aircraft for initial entry helicopter pilot training or for an authorization of a lease or charter of aircraft for such purpose which provides for a substantial termination liability on the part of the United States.
SEC. 362. STUDY ON FLEXIBLE READINESS
(a) FLEXIBLE READINESS DEFINED.For purposes of this section, the term "flexible readiness" means the allocation of resources and the adjustment of the readiness of military units based on (1) the military threats to the United States; (2) the amount of warning time of potential hostilities; (3) the likelihood that particular military units will be used in a military action; and (4) the ability of the military departments to transport these units to the scene of a military action. (b) SENSE OF CONGRESS.(1) Under the concept of flexible readiness, the Secretary of Defense would keep certain high priority military forces, such as strategic forces, expeditionary forces, forward deployed forces, special operations forces, and selected intelligence units, at a high state of readiness. (2) It is the sense of Congress that flexible readiness has significant potential for being an effective and efficient method by which resources are allocated to military units and a larger military force structure may be preserved in the future than would be possible without flexible readiness. (c) REPORT.Not later than March 15, 1991, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a detailed description of the extent to which the concept of flexible readiness could be implemented by the Secretary in the Department of Defense. The report shall (1) describe the extent to which resources have been and are currently allocated to active and reserve military units based on the projected threat, the likely warning time, and the projected deployment dates of units in a contingency; (2) identify the tjrpes and numbers of military units which should be maintained at the highest levels of readiness in the future; (3) analyze the effect of the use of flexible readiness on the future size of the active and reserve component force structure of the Armed Forces; and (4) analyze the costs, benefits, and difficulties of appljdng the concept of flexible readiness to all active forces and reserve component forces of the Armed Forces.
SEC. 363. REPORT ON ESTABLISHING NEW NAVAL RESERVE TRAINING CENTER AT NEWPORT, RHODE ISLAND
Not later than six months after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the desirability of establishing a new Naval Reserve Training Center within the Naval Education and Training Center at Newport, Rhode Island, to serve sis the principal Naval Reserve
104 STAT. 1543
training center on the East Coast for surface warfare. The report shall consider the desirability of including within the training facilities of such a Reserve Training Center the FF-1052 frigates stationed as of the date of the enactment of this Act at the Naval Education and Training Center at Newport, Rhode Island, and of planning for the use of those frigates in the event of a mobilization.
SEC. 364. REPORT ON THE TRANSPORTATION OF CHEMICAL WEAPONS FROM THE FEDERAL REPUBLIC OF GERMANY TO JOHNSTON ISLAND
(a) REPORT REQUIRED.The Secretary of the Army shall prepare a report analyzing the safety aspects of the project to remove and transport chemical weapons stored in the Federal Republic of Germany to Johnston Island, with special emphasis on measures undertaken to ensure safety during the actual transportation of the weapons. (b) USE OF REPORT.The report required by subsection (a) shall be used as part of each Phase I site specific environmental impact statement study of chemical weapons storage sites in the United States (including the Aberdeen Proving Ground, Maryland, and the Lexington-Blue Grass Army Depot, Kentucky) that is initiated on or after the date of the enactment of this Act. These Phase I studies are being used to assist in determining the validity of the programmatic on-site disposal decisions that have been made for those sites. Information from the report shall be incorporated in any Phase I assessment of transportation alternatives for those sites. (c) SUBMISSION OF REPORT.The report required by subsection (a) shall be submitted to Congress not later than 60 days after the date the transportation project referred to in that subsection is completed. TITLE IVMILITARY PERSONNEL AUTHORIZATIONS
PART AACTIVE FORCES SEC. 401. END STRENGTHS FOR ACTIVE FORCES 10 USC 115 note.
(a) FISCAL YEAR 1991.The Armed Forces are authorized strengths for active duty personnel as of September 30, 1991, as follows: (1) The Army, 702,170, of which not more than 99,291 may be officers. (2) The Navy, 570,500, of which not more than 69,992 may be officers. (3) The Marine Corps, 193,735, of which not more than 19,757 may be officers. (4) The Air Force, 510,000, of which not more than 95,027 may be officers. (b) FISCAL YEAR 1995.The Armed Forces are authorized strengths for active duty personnel as of September 30, 1995, as follows: (1) The Army, 520,000. (2) The Navy, 501,000. (3) The Marine Corps, 177,000. (4) The Air Force, 415,000. (c) WAIVER AUTHORITY FOR OFFICER END STRENGTHS.The Secretary of Defense may waive the officer end strength prescribed in subsection (a) for any of the Armed Forces to the extent that the
104 STAT. 1544
waiver is necessary to prevent the involuntary separation of officers other than (1) the separation of officers under chapter 36 of title 10, United States Code, for reasons other than meeting such end strength limitation, (2) the separation of officers for physical disability, age, or cause, and (3) the separation of officers made without regard to that limitation (as determined by the Secretary of Defense),
(d) CONFORMING AMENDMENT.Section 401 of Public Law 101-189
10 use 115 note. (103 Stat. 1431) is amended by striking out subsection (b).
SEC. 402. UNIFORM PROCESS FOR IMPLEMENTING REDUCTIONS IN STRENGTH
(a) LIMITATION.After the end of the 90-day period beginning on the date of the enactment of this Act, the Secretary of a military department may not carry out the involuntary separation of a member of the Armed Forces under the Secretary's jurisdiction who is described in subsection (b) unless the Secretary of Defense has certified to the Committees on Armed Services of the Senate and the House of Representatives that the Secretary of that military department has implemented procedures to do the following: (1) Limit the number of persons without previous military service that may be accessed for active duty service as officers in the Armed Force concerned during each fiscal year of the five-year period beginning on October 1, 1990, to a number not greater than the number necessary to meet the requirements of that Armed Force for officers within the end strength specified in section 401(b) for that Armed Force. (2) Limit the number of persons without previous military service that may be accessed for active duty service as enlisted members in that Armed Force concerned during each fiscal year of the five-year period beginning on October 1, 1990, to a number not greater than the number necessary to meet the requirements of that Armed Force enlisted personnel within the end strength specified in section 401(b) for that Armed Force. (3) Reduce as of September 30 of each year during the fiveyear period beginning on October 1, 1990, the number of members of that Armed Force serving on active duty who, upon separation, would be immediately eligible for retired or retainer pay to a number not greater than the number necessary to meet the requirements of that Armed Force within the end strength specified in section 401(b) for that Armed Force. (4) Limit the number of members of that Armed Force serving on active duty who have completed two but less than six years of active service to a number not greater than the number necessary to meet the requirements of that Armed Force for members with two but less than six years of active service within the end strength specified in section 4010t)) for that Armed Force. (b) APPLICABIUTY.The limitation on involuntary separation in subsection (a) applies to a member of the Army, Navy, Air Force, or Marine Corps who (1) is serving on active duty or full-time National Guard duty; (2) has six or more years of active service in the Armed Forces; (3) if involuntarily separated, would not be immediately eligible for retired or retainer pay; and
104 STAT. 1545
(4) if involuntarily separated, would be eligible for separation pay under section 1174 of title 10, United States Code (as amended by section 501 of this Act). (c) DEFINITION.For purposes of this section, the term "involuntarily separated" has the meaning given that term in section 1141 of title 10, United States Code, as added by section 502 of this Act. (d) REGULATIONS.The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly for the military departments.
SEC. 403. AUTHORIZED STRENGTH FOR GENERAL AND FLAG OFFICERS ON ACTIVE DUTY (a) FIVE-YEAR REDUCTION.Effective on September 30, 1991, the
text of section 526 of title 10, United States Code, is amended to read as follows: "(a) LIMITATIONS.The number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows: "(1) For the Army, 386 before October 1, 1995, and 302 on and
d.ft6]* t^ll3.ij cld.i>6
"(2) For the Navy, 250 before October 1, 1995, and 216 on and
sfxGT* i^Wd-l^ dd.ij6
"(3) For the Air Force, 326 before October 1, 1995, and 279 on
d.Tld fl-ftGl* ijxl3.ij 0.3.1^6
"(4) For the Marine Corps, 68 before October 1, 1995, and 61 on and after that date. "Ot)) During the period before October 1, 1995, the Secretary of Defense may increase the number of general officers on active duty in the Army, Air Force, or Marine Corps, or the number of flag officers on active duty in the Navy, above the applicable number specified in subsection (a) by a total of not more than five. Whenever any such increase is made, the Secretary shall make a corresponding reduction in the number of such officers that may serve on active duty in general or flag officer grades in one of the other armed forces.". 0>) CONFORMING AMENDMENTS.(1) Chapter 331 of title 10, United States Code, is amended (A) by striking out section 3202; and (B) in the table of sections at the beginning of such chapter, by striking out the item relating to section 3202. (2) Chapter 533 of such title is amended (A) by striking out sections 5442, 5443, 5444, and 5446; and (B) in the table of sections at the beginning of such chapter, by striking out the items relating to sections 5442, 5443, 5444, and 5446. (3)Chapter 831 of such title is amended (A) by striking out section 8202; and (B) in the table of sections at the beginning of the chapter, by striking out the item relating to section 8202.
SEC. 404. REDUCTION FOR FISCAL YEAR 1992 IN NUMBER OF ACTIVE DUTY AIR FORCE COLONELS
Section 402 of Public Law 101-189 (10 U.S.C. 523 note) is amended by striking out "fiscal year 1991" and inserting in lieu thereof "fiscal year 1992".
39-194 O - 91 - 7 : QL 3 Part 3
104 STAT. 1546
SEC. 405. AUTHORITY FOR EXEMPTION FROM GRADE LIMITATIONS FOR CERTAIN THREE-STAR GENERAL AND FLAG OFFICER POSITIONS ON JOINT STAFF
(a) I N GENERAL.Section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(4XA) An officer while serving in a position designated under subparagraph (B), if serving in the grade of lieutenant general or vice admiral, is in addition to the number that would otherwise be permitted for that officer's armed force for that grade under paragraph (1) or (2). "(B) The President, with the advice and assistance of the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, may designate not more than six positions within the Joint Staff (provided for under section 155 of this title) as positions referred to in subparagraph (A). The authority of the President under the preceding sentence may not be delegated.". (b) TECHNICAL AMENDMENT.Paragraph (3) of such section is amended by striking out "authorized" and inserting in lieu thereof "that would otherwise be permitted for".
SEC. 406. REDUCTION IN THE AUTHORIZED END STRENGTH FOR THE NUMBER OF MILITARY PERSONNEL IN EUROPE
President.
(a) REDUCTION.Subsection (cXD of section 1002 of the Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note), is amended in the first sentence (1) by striking out "After September 30, 1985, none of the funds appropriated pursuant to an authorization contained in this Act or any other Act enacted after the date of the enactment of this Act" and inserting in lieu thereof "No appropriated funds"; and (2) by striking out "326,414" and inserting in lieu thereof "261,855". (b) WAIVER AUTHORITY.Such section is further amended by adding at the end the following: "In any fiscal year for which the permanent ceiling specified in the first sentence of this subsection is 261,855, the President may authorize an end strength level of members of the Armed Forces assigned to permanent duty ashore in European member nations of the North Atlantic Treaty Organization at a level not to exceed 311,855 if the President determines that the national security interests of the United States require such authorization. Whenever the President exercises the authority provided under the preceding sentence, the President shall notify Congress of that determination and of the necessity for exceeding such permanent ceiling.".
(c) CONFORMING AMENDMENT.Section 911 of the National De-
22 use 1928
note.
fense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1523) is repealed.
PART BRESERVE FORCES
10 u s e 261 note.
SEC. 411. END STRENGTHS FOR SELECTED RESERVE
(a) I N GENERAL.The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30,1991, as follows: (1) The Army National Guard of the United States, 457,300. (2) The Army Reserve, 318,700.
104 STAT. 1547
(3) The Naval Reserve, 153,400. (4) The Marine Ck)rps Reserve, 43,900. (5) The Air National Guard of the United States, 117,035. (6) The Air Force Reserve, 85,591. (7) The Cbast Guard Reserve, 12,700. (b) WAIVER AUTHORITY.The Secretary of Defense may vary the end strength authorized by subsection (a) by not more than 2 percent. (c) ADJUSTMENTS.The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strengths of such units and by the total number of such individual members.
(d) CONFORMING AMENDMENT.Section 411 of Public Law 101-189
(101 Stat. 1432) is amended by striking out subsection (b).

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES
10 USC 261 note.

10 USC 261 note.
(a) FISCAL YEAR 1991.Within the end strengths prescribed in section 411, the reserve components of the Armed Forces are authorized, as of September 30, 1991, the following number of Reserves to be serving on full-time active duty or, in the case of members of the National Guard, full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (A) The Army National Guard of the United States, 26,199. (B) The Army Reserve, 13,344. (C) The Naval Reserve, 22,997. (D) The Marine C!orps Reserve, 2,401. (E) The Air National Guard of the United States, 8,468. (F) The Air Force Reserve, 655.
(b) ARMY RESERVE COMPONENT STRENGTHS FOR FISCAL YEARS 1992-
1997.(1) Within the end strengths authorized by law after the date of the enactment of this Act for each of the fiscal years listed in the table in paragraph (2), the reserve components of the Army are authorized the total number of members specified in such table for such fiscal year to be serving on full-time active duty or, in the case of members of the National Guard, full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the Army reserve components. (2) The table referred to in paragraph (1) is as follows:
104 STAT. 1548

Fiscal Year Army Reserve 12,673 12,006 11,339 10,672 10,005 9,341 ^^^^^'"''^ 24,889 23,579 22,269 20,959 19,649 18,340
1992 1993 1994 1995 1996 1997
Regulations.
(c) IMPLEMENTATION OF REDUCTIONS.(1) In implementing the reductions in the end strengths for reserves on active duty in support of the Army reserve components required in subsection (b), no member of the Reserves serving on full-time active duty on the date of the enactment of this Act, or in the case of members of the National Guard, full-time National Guard duty, for the purpose of organizing, administering, recruiting, instructing or training the Army reserve components may be involuntarily separated. (2) As used in this section, the term "involuntarily separated" has the meaning given that term in section 1141 of title IQ, United States Code, as added by section 502 of this Act. (3) The end strengths prescribed in subsection G)) may be exceeded to the extent necessary to comply with this subsection, as determined under regulations prescribed by the Secretary of Defense. (4) Accessions of members of the Reserves to be serving on fulltime active duty or, in the case of members of the National Guard on full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the Army reserve components for a fiscal year shall be two percent of the total authorized end strength provided in subsection (b) for that fiscal year.
(d) USE OF ACTIVE COMPONENT MEMBERS.(1) The Secretary of
Defense shall examine the validity of the information submitted in support of the budget submitted to Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 1992 with respect to the number of reserve members on active duty or full-time National Guard duty to support the Army reserve components and shall, to the extent that the information remains veilid, assign active component members to reserve units to meet the requirement of the reserve components. (2) The Secretary shall include in the detailed justification of estimates for military personnel for the Army, Navy, Air Force, and Marine Corps that accompanies the budget submitted to Congress for fiscal years 1992 and 1993 pursuant to section 1105 of title 31, United States Code, the number of such personnel that are programmed to be assigned in support of the reserve components to meet requirements for full-time support of the reserve components. (e) ARMY RESERVE COMPONENTS.For purposes of this section, the Army reserve components are the Army National Guard of the United States and the Army Reserve.
PART CMILITARY TRAINING STUDENT LOADS SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS
(a) IN GENERAL.For fiscal year 1991, the components of the Armed Forces are authorized average military training loads as follows: (1) The Army, 66,525. (2) The Navy, 59,675.
104 STAT. 1549
(3) The Marine Corps, 20,880. (4) The Air Force, 26,880. (5) The Army National Guard of the United States, 16,611. (6) The Army Reserve, 15,337. (7) The Naval Reserve, 3,112. (8) The Marine Corps Reserve, 3,520. (9) The Air National Guard of the United States, 2,765. (10) The Air Force Reserve, 1,628. (h) ADJUSTMENTS.The average military student loads authorized in subsection (a) shall be adjusted consistent with the end strengths authorized in parts A and B. The Secretary of Defense shall prescribe the manner in which such adjustments shall be apportioned.
PART DOTHER PERSONNEL STRENGTH MATTERS
SEC. 431. REPORT ON CADRE CONCEPT The Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report evaluating the cadre concept for both active duty divisions and reserve component divisions. The report shall describe iny change in laws that would be required in order to implement the cadre concept on a test program basis. The report shall be submitted not later than February 1,1991. TITLE VMILITARY PERSONNEL
PART APERSONNEL READJUSTMENT BENEFITS SEC. 501. SEPARATION PAY (a) AUTHORITY FOR SEPARATION PAY FOR REGULAR ENLISTED MEM-
BERS.Section 1174 of title 10, United States Code, is amended (1) by inserting "REGULAR OFFICERS.(1)" in subsection (a) after "(a)"; (2) by redesignating subsection Qi) as paragraph (2) of subsection (a); and (3) by inserting after subsection (a) the following new subsection Ot)): "(b) REGULAR ENLISTED MEMBERS.(1) A regular enlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay. "(2) Separation pay of an enlisted member shall be computed under paragraph (1) of subsection (d), except that such pay shall be computed under paragraph (2) of such subsection in the case of a member who is discharged under criteria prescribed by the Secretary of Defense.". Q)) PERIOD OF SERVICE REQUIRED FOR ELIGIBILITY.Such section is further amended (1) by striking out "five or more" in subsection (aX2) (as redesignated by subsection (a)(2) of this section) and in subsection (cXD and inserting in lieu thereof "six or more"; and
104 STAT. 1550
PUBLIC LAW 101-510NOV. 5, 1990 (2) by striking out "at least five years" in subsection (c)(3) and inserting in lieu thereof "at least six years".
(c) REPEAL OF LIMITATION ON AMOUNT OF SEPARATION PAY.(1)
Subsection (d) of such section is amended (A) by striking out "or $30,000, whichever is less" in paragraph (1); and (B) by striking out ", but in no event more than $15,000". (2) Subsection (g) of such section is amended (A) by striking out "(1)" after "(g)"; and (B) by striking out paragraph (2).
(d) REQUIREMENT FOR SERVICE IN READY RESERVE; EXCLUSION FOR MEMBERS DISCHARGED DURING INITIAL PERIOD OF SERVICE.Subsec-
tion (e) of such section is amended to read as follows:

Government contracts. "(e) REQUIREMENT FOR SERVICE IN READY RESERVE; EXCEPTIONS TO
10 u s e 1174 note.
ELIGIBILITY.(1)(A) As a condition of receiving separation pay under this section, a person otherwise eligible for that pay shall be required to enter into a written agreement with the Secretary concerned to serve in the Ready Reserve of a reserve component for a period of not less than three years following the person's discharge or release from active duty. If the person has a service obligation under section 651 of this title or under any other provision of law that is not completed at the time the person is discharged or released from active duty, the three-year obligation under this subsection shall begin on the day after the date on which the person completes the person's obligation under such section or other provision of law. "(B) Each person who enters into an agreement referred to in subparagraph (A) who is not already a Reserve of an armed force and who is qualified shall, upon such person's discharge or release from active duty, be enlisted or appointed, as appropriate, as a Reserve and be transferred to a reserve component. "(2) A member who is discharged or released from active duty is not eligible for separation pay under this section if the member "(A) is discharged or released from active duty at his request; "(B) is discharged or released from active duty during an initial term of enlistment or an initial period of obligated service; "(C) is released from active duty for training; or "(D) upon discharge or release from active duty, is immediately eligible for retired or retainer pay based on his military service.". (e) EFFECTIVE DATE.(1) Except as provided in paragraph (2), subsection (b) of section 1174 of title 10, United States Code, as added by subsection (a), and the amendments made by subsections (b), (c), and (d) shall apply with respect to a member of the Armed Forces who is discharged, or released from active duty, after the date of the enactment of this Act. (2) The amendments made by subsection O> shall not apply in the t) case of a member (other than a regular enlisted member) of the Armed Forces who (A) is serving on active duty on the date of the enactment of this Act, (B) is discharged, or released from active duty, after that date; and (C) on that date has five or more, but less than six, years of active service in the Armed Forces. (f) CONFORMING CROSS-REFERENCE AMENDMENTS.(1) Section 1186(c) of title 10, United States Code, is amended by striking out "section 1174(b)" and inserting in lieu thereof "section 1174(aX2)".
104 STAT. 1551
(2) Section 6383(h) of such title is amended by striking out "section 1174(a)" and inserting in lieu thereof "section 1174(aXl)". (g) TECHNICAL AMENDMENTS.(1) Subsection (a) of section 1174 of such title (as amended by subsection (a) of this section) is further amended (A) by striking out "or release"; and (B) by striking out ", under section 564" and all that follows through "Management Act" and inserting in lieu thereof "or under section 564 or 6383 of this title". (2) Subsection (cXD of such section is amended by striking out "after September 14,1981,". (h) STYUSTIC AMENDMENTS.Such section is further amended (1) by inserting "OTHER MEMBERS." in subsection (c) after "(c)";
(2) by inserting "AMOUNT OF SEPARATION PAY." in subsec-
tion (d) after "(d)";

(3) by inserting "COUNTING FRACTIONAL YEARS OP SERVICE."
in subsection (f) after "(f)";

(4) by inserting "COORDINATION WITH OTHER SEPARATION OR SEVERANCE PAY BENEFITS." in subsection (g) after "(g)"; (5) by inserting "COORDINATION WITH RETIRED OR RETAINER PAY AND DISABILITY COMPENSATION." in subsection (h) after
"(h)"; and
(6) by inserting "REGULATIONS; CREDITING OF OTHER COMMISSIONED SERVICE." in subsection (i) after "(i)". SEC. 502. OTHER TRANSITION BENEFITS AND SERVICES
(a) BENEFITS AND SERVICES.(1) Part II of subtitle A of title 10, United States Code, is amended by inserting after chapter 57 the following new chapter:
"CHAPTER 58BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED
"Sec. "1141. Involuntary separation defined. "1142. Preseparation counseling; transmittal of medical records to Department of Veterans Affairs. "1143. Employment assistance: Department of Defense. "1144. Employment assistance, job training assistance, and other transitional services: Department of Labor. "1145. Health benefits. "1146. Commissary and exchange benefits. "1147. Use of military family housing. "1148. Relocation assistance for personnel overseas. "1149. Excess leave and permissive temporary duty. "1150. Affiliation with Guard and Reserve units: waiver of certain limitations.
" 1141. Involuntary separation deHned "A member of the Army, Navy, Air Force, or Marine Corps shall be considered to be involuntarily separated for purposes of this chapter if the member was on active duty or full-time National Guard duty on September 30,1990, and "(1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned; "(2) in the case of a reserve officer who is on the active-duty list or, if not on the active-duty list, is on full-time active duty
104 STAT. 1552
PUBLIC LAW 101-510NOV. 5, 1990 (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from active duty or full-time National Guard (other than a release from active duty or full-time National Guard duty incident to a transfer to retired status) under other than adverse conditions, as characterized by the Secretary concerned; "(3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned; and "(4) in the case of a reserve enlisted member who is on fulltime active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the member (A) is denied reenlistment, or (B) is involuntarily discharged or released from active duty (or full-time National Guard) under other than adverse conditions, as characterized by the Secretary concerned.
" 1142. Preseparation counseling; transmittal of medical records to Department of Veterans Affairs "(a) REQUIREMENT.(1) Upon the discharge or release from active duty of a member of the armed forces, the Secretary concerned shall provide for individual preseparation counseling of the member. A notation of the provision of such counseling with respect to each matter specified in subsection (b), signed by the member, shall be placed in the service record of each member receiving such counseling. "(2) In carrying out this section, the Secretary concerned may use the services available under section 1144 of this title. "(b) MATTERS TO B E COVERED BY COUNSELING.Counseling under this section shall include the following: "(1) A discussion of the educational assistance benefits to which the member is entitled under the Montgomery GI Bill and other educational assistance programs because of the member's service in the armed forces. "(2) A description (tp be developed with the assistance of the Secre,tary of Veterans Affairs) of the compensation and vocational rehabilitation benefits to which the member may be entitled under laws administered by the Secretary of Veterans Affairs, if the member is being medically separated or is being retired under chapter 61 of this title. "(3) An explanation of the procedures for and advantages of affiliating with the Selected Reserve. "(4) Information concerning Government and private-sector programs for job search and job placement assistance. "(5) If the member has a spouse, job placement counseling for the spouse; "(6) Information concerning the availability of relocation assistance services and other benefits and services available to persons leaving military service, as provided under section 1144 of this title. "(7) Information concerning the availability of medical and dental coversige following separation from active duty, includ-
104 STAT. 1553
ing the opportunity to elect into the conversion health policy provided under section 1145 of this title. "(8) Counseling (for the member and dependents) on the effect of career change on individuals and their families. "(9) Financial planning assistance.
"(c) TRANSMITTAL OF MEDICAL INFORMATION TO DEPARTMENT OF VETERANS AFFAIRS.In the case of a member being medically sepa-
rated or being retired under chapter 61 of this title, the Secretary concerned shall ensure (subject to the consent of the member) that a copy of the member's service mediced record (including any results of a Physical Evaluation Board) is transmitted to the Secretary of Veterans Affairs within 60 days of the separation or retirement. " 1143. Employment assistance: Department of Defense
"(a) EMPLOYMENT SKILLS VERIFICATION.The Secretary of Defense
shall provide to members of the armed forces under the jurisdiction of the Secretary who are discharged or released from active duty a certification or verification of any job skills and experience acquired while on active duty that may have application to employment in the civilian sector. The preceding sentence shsdl be carried out in conjunction with the Secretary of Labor.
"(b) EMPLOYMENT ASSISTANCE CENTERS.The Secretary of Defense Establishment.
shall establish permanent emplojonent sissistance centers at appropriate military installations. "(c) INFORMATION TO CIVILIAN ENTITIES.For the purpose of assisting members covered by subsection (a) and their spouses in locating civilian employment and training opportunities, the Secretary of Defense shall establish and implement procedures to release to civilian employers, organizations, State employment agencies, and other appropriate entities the names (and other pertinent information) of such members and their spouses. Such names may be released for such purpose only with the consent of such members and spouses.
"(d) EMPLOYMENT PREFERENCE BY NONAPPROPRIATED FUND
INSTRUMENTALITIES.The Secretary of Defense shall take such steps as necessary to provide that members of Army, Navy, Air Force, or Marine Corps who are involuntarily separated, and the dependents of such members, shall be provided a preference in hiring by nonappropriated fund instrumentalities of the Department. Such preference shall be administered in the same manner as the preference for military spouses provided under section 806(aX2) of the Military Family Act of 1985, except that a preference under that section shall have priority over a preference under this subsection. A person may receive a preference in hiring under this subsection only once. " 1144. Employment assistance, job training assistance, and other transitional services: Department of Labor "(a) IN GENERAL.(1) The Secretary of Labor, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, shall establish and maintain a program to furnish counseling, assistance in identifying emplojrment and training opportunities, help in obtaining such emplojnnent and training, and other related information and services to members of the armed forces under the jurisdiction of the Secretary of a military department who are being separated from active duty and the spouses of such members. Such
104 STAT. 1554
Public information.
Grant programs.
services shall be provided to a member during the 180-day period before the member is separated from active duty. "(2) The Secretary of Defense and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor in establishing and maintaining the program under this section. "(3) The Secretaries referred to in paragraph (1) shall enter into a detailed agreement to carry out this section. The Eigreement shall be entered into no later than 60 days after the date of the enactment of this section. "(b) ELEMENTS OF PROGRAM.In establishing and carrying out a program under this section, the Secretary of Labor shall do the following: "(1) Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities, (C) instruction in resume preparation, and (D) job analysis techniques, job search techniques, and job interview techniques. "(2) In providing information under paragraph (1), use experience obtained from implementation of the pilot program established under section 408 of Public Law 101-237. "(3) Provide information concerning Federal, State, and local programs, and programs of military and veterans service organization, that may be of assistance to such members after separation from the Armed Forces, including, is appropriate, the information and services to be provided under section 1142 of this title. "(4) Inform such members that the Department of Defense is required under section 1143(a) of this title to provide proper certification or verification of job skills and experience acquired while on active duty that may have application to employment in the civilian sector for use in seeking civilian employment and in obtaining job search skills. "(5) Provide information and other assistance to such members in their efforts to obtain loans and grants from the Small Business Administration and other Federal, State, and local agencies. "(6) Provide information about the geographic areas in which such members will relocate after separation from the armed forces, including, to the degree possible, information about employment opportunities, the labor market, and the cost of living in such area (including, to the extent practicable, the cost and availability of housing, child care, education, and medical and dental care). "(7) Work with military and veterans' service organizations and other appropriate organizations in promoting and publicizing job fairs for such members. "(c) PARTICIPATION.The Secretary of Defense shall encourage and otherwise promote maximum participation by members of the armed forces eligible for assistance under the program carried out under this section.
"(d) USE OF PERSONNEL AND ORGANIZATIONS.In carrjring out the
program established under this section, the Secretaries may "(1) provide, as the case may be, for the use of disabled veterans outreach program specialists, local veterans' employment representatives, and other employment service personnel funded by the Department of Labor to the extent that the Secretary of Labor determines that such use will not signifi-
104 STAT. 1555
cantly interfere with the provision of services or other benefits to eligible veterans and other eligible recipients of such services or benefits; "(2) use military and civilian personnel of the Department of Defense; "(3) use personnel of the Veterans Benefits Administration of the Department of Veterans Affairs and other appropriate personnel of that Department; "(4) use representatives of military and veterans' service organizations; "(5) enter into contracts with public or private entities; and "(6) take other necessary action to develop and furnish the information and services to be provided under this section. "(e) FUNDING.(1) There is authorized to be appropriated to the Department of Labor to carry out this section $4,000,000 for fiscal year 1991 and $9,000,000 for each of fiscal years 1992 and 1993. "(2) There is authorized to be appropriated to the Department of Veterans Affairs to carry out this section $1,000,000 for fiscal year 1991 and $4,000,000 for each of fiscal years 1992 and 1993. " 1145. Health benefits "(a) TRANSITIONAL HEALTH CARE.(1) For the applicable time period described in paragraph (2), a member of the armed forces who is involuntarily separated from active duty during the five-year period beginning on October 1, 1990 (and the dependents of the member), shall be entitled to receive "(A) medical and dental care under section 1076 of this title in the same manner as a dependent described in subsection (aX2) of such section; and "(B) health benefits contracted under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section. "(2) Transitional health care shall be available under subsection (a) for a specified time period beginning on the date on which the member is involuntarily separated as follows: "(A) For members involuntarily separated with less than six years of active service, 60 days. "(B) For members involuntarily separated with six or more years of active service, 120 days.
"(b) CONVERSION HEALTH POLICIES.(1) The Secretary of Defense
shall inform each member referred to in subsection (a) before the date of the member's discharge or release from active duty of the aviilability for purchase by the member of a conversion health policy for the member and the dependents of that member. "(2) If a member referred to in subsection (a) purchases a conversion health policy during the period applicable to the member (or within a reasonable time after that period as prescribed by the Secretary of Defense), the Secretary shall provide health care, or pay the costs of health care provided, to the member and the dependents of the member "(A) during the one-year period beginning on the date on which covergige under the conversion health policy begins; and "(B) for a condition (including pregnancy) that exists on such date and for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition.
104 STAT. 1556
"(3) The Secretary of Defense may arrange for the provision of health care described in paragraph (2) through a contract with the insurer offering the conversion heeilth poUcy.
"(c) HEALTH CARE FOR CERTAIN SEPARATED MEMBERS NOT OTHERWISE EuGiBLE.(1) Consistent with the authority of the Secretary
concerned to designate certain classes of persons as eligible to receive health care at a military medical facility, the Secretary concerned should consider authorizing, on an individual basis in cases of hardship, the provision of that care for a member who is separated from the armed forces during the five-year period beginning on October 1,1990, and is ineligible for transitioned health care under subsection (a) or does not obtain a conversion health policy (or a dependent of the member). "(2) The Secretary concerned shall give special consideration to requests for such care in cases in which the condition for which treatment is required was incurred or aggravated by the member or the dependent before the date of the separation of the member, particularly if the condition is a result of the particular circumstances of the service of the member. "(d) DEFINITION.In this section, the term 'conversion health policy' means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and a private insurer, that is available for purchase by or for the use of a person who is no longer a member of the armed forces or a covered beneficiary. Regulations. " 1146. Commissary and exchange beneHts "The Secretary of Defense shall prescribe regulations to allow a member of the armed forces who is involuntarily separated from active duty during the five-year period beginning on October 1,1990, to continue to use commissary and exchange stores during the twoyear period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. " 1147. Use of military family housing
"(a) TRANSITION FOR INVOLUNTARILY SEPARATED MEMBERS.The
Secretary of a military department may, pursuant to regulations prescribed by the Secretary of Defense, permit individuals who are involuntarily separated during the five-year period beginning on October 1, 1990, to continue for not niore than 180 days after the date of such separation to reside (along with other members of the individuEil's household) in military family housing provided or leased by the Department of Defense to such individual as a member of the armed forces. "(b) RENTAL CHARGES.The Secretary concerned, pursuant to such regulations, shall require a reasonable rental charge for the continued use of military family housing under subsection (a), except that such Secretary may waive all or any portion of such charge in any case of hardship. " 1148. Relocation assistance for personnel overseas "The Secretary of Defense shall develop a program specifically to assist members of the armed forces stationed overseas who are preparing for discharge or release from active duty, and the dependents of such members, in readjusting to civilian life. The program shall focus on the special needs and requirements of such members and dependents due to their overseas locations and shall include, to
104 STAT. 1557
the maximum extent possible, computerized job relocation assistance and job search information. " 1149. Excess leave and permissive temporary duty "Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall grant a member of the armed forces who is to be involuntarily separated such excess leave (for a period not in excess of 30 days), or such permissive temporary duty (for a period not in excess of 10 days), as the member requires in order to facilitate the member's carrying out necessary relocation activities (such as job search and residence search activities), unless to do so would interfere with military missions. " 1150. Afniiation with Guard and Reserve units: waiver of certain limitations "(a) PREFERENCE FOR CERTAIN PERSONS.A person who is involuntarily separated from the armed forces during the five-year period beginning on October 1, 1990, and who applies to become a member of a National Guard or Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies. "(b) LIMITED WAIVER OF STRENGTH LIMITATIONS.Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good standing in that unit.". (2) The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, of such title are amended by inserting after the item relating to chapter 57 the following new item:
"58. Beneflts and Services for Members Being Separated or Recently Separated 1141".
Oa) CONFORMING AMENDMENTS.(1) Section 1046 of such title is repealed. (2) The table of sections at the beginning of chapter 53 of such title is amended by striking out the item relating to section 1046. (c) IMPLEMENTATION REPORTS.(1) Not later than 90 days after the lo use 1144 date of the enactment of this Act, the Secretary of Labor shall "* submit to Congress a report setting forth the agreement entered into to carry out section 1144 of title 10, United States Code, as added by subsection (a). The report shall include a detailed description of the responsibilities of the Secretary of Labor, the Secretary of Defense, and the Secretary of Veterans Affairs in carr5dng out that section and of the steps that have been taken to carry out those responsibilities. (2) Not later than one year after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress a report containing a detailed evaluation of the program carried out under that section to the date of the submission of the report. (3) The reports under paragraphs (1) and (2) shall be prepared in consultation with the Secretary of Defense and the Secretary of Labor.
104 STAT. 1558

10 u s e 1148 note.
(d) PILOT PROGRAM.During fiscal year 1991, the Secretary shall carry out the program required by section 1148 of title 10, United States Code, as added by subsection (a), at not less than 10 military installations located outside the United States.
SEC. 503. TRAVEL AND TRANSPORTATION ALLOWANCES RELATING TO MEMBERS INVOLUNTARILY SEPARATED
37 u s e 406 note.
(a) MEMBERS.(1) Subsection (cXD of section 404 of title 37, United States Code, is amended (A) by striking out "or" at the end of subparagraph (A); (B) by inserting "or" at the end of subparagraph (B); (C) by inserting after subparagraph (B) the following: "(C) is involuntarily separated from active duty during the five-year period beginning on October 1,1990," and (D) by inserting "involuntarily separated," after "placed on that list," in the material following the subparagraphs. (2) Subsection (fX2)(B) of such section is amended (A) by striking out "or" at the end of clause (iii); (B) by striking out the period at the end of clause (iv) and inserting in lieu thereof "; or"; and (C) by adding at the end the following: "(v) who is involuntarily separated from active duty during the five-year period beginning on October 1,1990.". (3) Such section is further amended by adding at the end the following new subsection: "(j) In this section, the term 'involuntarily separated' has the meaning given that term in section 1141 of title 10.". Q}) DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS.(1) Subsection (a)(2)(B) of section 406 of such title is amended (A) by striking out "or" at the end of clause (iii); (B) by striking out the period at the end of clause (iv) and inserting in lieu thereof "; or"; and (C) by adding at the end the following: "(v) who is involuntarily separated from active duty during the five-year period beginning on October 1,1990.". (2) Subsection (g)(1) of such section is amended (A) by striking out "; or" at the end of subparagraph (A); (B) by inserting "or" at the end of subparagraph (B); (C) by inserting after subparagraph (B) the following: "(C) is involuntarily separated from active duty during the five-year period beginning on October 1,1990," and (D) by inserting "involuntarily separated," after "placed on that list," in the material following the subparagraphs. (3) Subsection (a) of such section is amended by adding at the end the following new paragraph: "(4) In this section, the term 'involuntarily separated' has the meaning given that term in section 1141 of title 10.". (c) STORAGE OF HOUSEHOLD EFFECTS.(1) The Secretary of a military department shall exercise the authority provided by section 406 of title 37, United States Code, to provide nontemporary storage of baggage and household effects for a period not longer than one year in the case of individuals who are involuntarily separated during the five-year period beginning on October 1,1990. (2) For purposes of this subsection, the term "involuntarily separated" has the meaning given that term in section 1141 of title 10, United States Code.
104 STAT. 1559
SEC. 504. CONTINUATION OF ENROLLMENT IN SCHOOLS OF THE DEFENSE DEPENDENTS' EDUCATION SYSTEM FOR DEPENDENTS OF MEMBERS INVOLUNTARILY SEPARATED (a) CONTINUATION OF ENROLLMENT.Section 1407 of the Defense
Dependents' Education Act of 1978 (20 U.S.C. 926) is amended (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection 0?) the following new subsection:
"(c) CONTINUATION OF ENROLLMENT FOR CERTAIN DEPENDENTS OF MEMBERS OF THE ARMED FORCES INVOLUNTARILY SEPARATED.(1) A
member of the Armed Forces serving on active duty on September 30,1990, who is involuntarily separated during the five-year period beginning on October 1, 1990, and who has a dependent described in paragraph (2) who is enrolled in a school of the defense dependents' education system (or a school for which tuition is provided under subsection (b)) on the date of that separation shall be eligible to enroll or continue the enrollment of that dependent at that school (or another school serving the same community) for the final year of secondary education of that dependent in the same manner as if the member were still on active duty. "(2) A dependent referred to in paragraph (1) is a dependent who on the date of the separation of the member has completed the eleventh grade and is likely to complete secondary education within the one-year period beginning on that date.". (b) INVOLUNTARILY SEPARATED DEFINED.Section 1414 of that Act (20 U.S.C. 932) is amended by adding at the end the following new paragraph: "(5) The term 'involuntarily separated' has the meaning given that term in section 1141 of title 10, United States Code.".
PART BDEFENSE OFFICER PERSONNEL MANAGEMENT POUCIES SEC. 521. OFFICER RETENTION FLEXIBILITY
(a) IN GENERAL.(1) Chapter 36 of title 10, United States Code, is amended by inserting after section 638 the following new section: " 638a. Modincation to rules for continuation on active duty; enhanced authority for selective early retirement and early discharges "(a) The Secretary of Defense may authorize the Secretary of a military department, during the five-year period beginning on October 1,1990, to take any of the actions set forth in subsection (b) with respect to officers of an armed force under the jurisdiction of that Secretary. "(b) Actions which the Secretary of a military department may take with respect to officers of an armed force when authorized to do so under subsection (a) are the following: "(1) Shortening the period of the continuation on active duty established under section 637 of this title for a regular officer who is serving on active duty pursuant to a selection under that section for continuation on active duty. "(2) Providing that regular officers on the active-duty list may be considered for early retirement by a selection board convened under section 611(b) of this title in the case of officers described in any of subparagraphs (A) through (C) as follows:
104 STAT. 1560
"(A) Officers in the regular grade of lieutenant colonel or commander who would be subject to consideration for selection for early retirement under section 638(a)(1)(A) of this title except that they have failed of selection for promotion only one time (rather than two or more times). "(B) Officers in the regular grade of colonel or, in the case of the Navy, captain who would be subject to consideration for selection for early retirement under section 638(a)(1)(B) of this title except that they have served on active duty in that grade less than four years (but not less than two years). "(C) Officers holding a regular grade below the grade of colonel or, in the case of the Navy, captain who are not eligible for retirement under section 3911, 6323, or 8911 of this title but who after two additional years of active service as a commissioned officer would be eligible for retirement under one of those sections and whose names are not on a list of officers recommended for promotion. "(3) Suspending section 638(c) of this title. "(4) Convening selection boards under section 611(b) of this title to consider for discharge regular officers on the active-duty list in a grade below lieutenant colonel or commander "(A) who have served at least one year of active duty in the grade currently held; "(B) whose names are not on a list of officers recommended for promotion; and "(C) who are not eligible to be retired under any provision of law and are not within two years of becoming so eligible. "(c) In the case of an action under subsection (b)(2), the Secretary of the military department concerned shall specify the number of officers described in that subsection which a selection board convened under section 611(b) of this title pursuant to the authority of that subsection may recommend for early retirement. Such number may not be more than 30 percent of the number of officers considered in each grade in each competitive category. "(d)(1) In the case of an action under subsection (b)(4), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection "(A) the names of all officers described in that subsection in a particular grade and competitive category; or "(B) the names of all officers described in that subsection in a particular grade and competitive category who also are in particular year groups or specialties, or both, within that competitive category. "(2) The Secretary concerned shall specify the total number of officers to be recommended for discharge by a selection board convened pursuant to subsection (b)(4). That number may not be more than 30 percent of the number of officers considered "(A) in each grade in each competitive category; or "(B) in each grade, year group, or specialty (or combination thereof) in each competitive category. "(3) The total number of officers described in subsection (b)(4) from any of the armed forces (or from any of the armed forces in a particular grade) who may be recommended during a fiscal year for discharge by a selection board convened pursuant to the authority of that subsection may not exceed 70 percent of the decrease, as compared to the preceding fiscal year, in the number of officers of that armed force (or the number of officers of that armed force in
104 STAT. 1561
that grade) authorized to be serving on active duty as of the end of that fiscal year. "(4) An officer who is recommended for discharge by a selection board convened pursuant to the authority of subsection (b)(4) and whose discharge is approved by the Secretary concerned shall be discharged on a date specified by the Secretary concerned. "(5) Selection of officers for discharge under this subsection shall be based on the needs of the service. "(e) The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.". (2) The table of sections at the beginning of subchapter IV of such chapter is amended by inserting after the item relating to section 638 the following new item:
"638a. Modification to rules for continuation on active duty; enhanced authority for selective early retirement and early discharges.". (b) CONFORMING AMENDMENTS.(1) Section 637 of title 10, United
States Code, is amended (A) by adding at the end of subsection (c) the following new sentence: "The period of the continuation on active duty of an officer under this section may be reduced by the Secretary concerned in the case of any officer as provided in section 638a of this title."; (B) by redesignating subsection (d) as subsection (e); and (C) by inserting after subsection (c) the following new subsection: "(d) For purposes of this section, a period of continuation on active duty under this section expires or is completed on the earlier of (1) the date originally established for the termination of such period, or (2) the date established for the termination of such period by any shortening of such period under section 638a of this title.". (2)(A) Subsection (a) of section 638 of title 10, United States Code, is amended by adding at the end the following new paragraph: "(3) A regular officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps may also be considered for early retirement under the circumstances prescribed in section 638a of this title.". (B) Subsection (b)(1) of such section is amended by inserting "or section 638a of this title" after "under this section".
SEC. 522. REDUCTION IN TIME-IN-GRADE REQUIREMENT FOR RETENTION OF GRADE UPON VOLUNTARY RETIREMENT
Section 1370(a)(2) of title 10, United States Code, is amended (1) by inserting "(A)" after "(2)"; (2) by inserting after "not less than three years" at the end of the first sentence the following: ", except that the Secretary of Defense may authorize the Secretary of a military department to reduce such period to a period not less than two years in the case of retirements effective during the five-year period beginning on October 1,1990"; (3) by designating the second, and third sentences as subparagraph (B) and by striking out "the preceding sentence" in the first sentence of such subparagraph (as so designated) and inserting in lieu thereof "subparagraph (A)"; and (4) by adding at the end the following: "(C) The number of officers in an armed force in a grade for whom a reduction is made during any fiscal year in the period of service-in-
104 STAT. 1562
grade otherwise required under this paragraph may not exceed the number equal to two percent of the authorized active-duty strength for that fiscal year for officers of that armed force in that grade.".
SEC. 523. REQUIRED LENGTH OF COMMISSIONED SERVICE FOR VOLUNTARY RETIREMENT AS AN OFFICER
(a) ARMY.Section 3911 of title 10, United States Code, is amended (1) by inserting "(a)" at the beginning of the text of the section; and (2) by adding at the end the following: "(b) The Secretary of Defense may authorize the Secretary of the Army, during the five-year period beginning on October 1, 1990, to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Army) of not less than eight years.". O> NAVY AND MARINE CORPS.Section 6323(a) of such title is t) amended (1) by inserting "(1)" after "(a)"; and (2) by adding at the end the following: "(2) The Secretary of Defense may authorize the Secretary of the Navy, during the five-year period beginning on October 1, 1990, to reduce the requirement under paragraph (1) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary) of not less than eight years.". (c) AIR FORCE.Section 8911 of such title is amended (1) by inserting "(a)" at the beginning of the text of the section; and (2) by adding at the end the following: "Ot)) The Secretary of Defense may authorize the Secretary of the Air Force, during the five-year period beginning on October 1, 1990, to reduce the requirement under subsection (a) for at lesist 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Air Force) of not less than eight years.".
10 u s e 591 note. SEC. 524. REPORT ON INITIAL APPOINTMENT OF ALL OFFICERS AS RESERVE OFFICERS AND ON THE APPROPRIATE ACTIVE DUTY OBLIGATION OF GRADUATES OF THE SERVICE ACADEMIES
(a) REPORT REQUIRED.The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on (1) the advantages, disadvantages, and desirability of initially appointing all persons commissioned as officers in the Army, Navy, Air Force, or Marine Corps as Reserve officers, and (2) what the appropriate active duty service obligation should be for graduates of the service academies. (b) DEADUNE FOR REPORT.(1) The Secretary shall submit the report required by subsection (a), together with such comments and recommendations as the Secretary considers appropriate, not later than 60 days after the date of the enactment of this Act. (2) If the report is not submitted within 60 days after the date of the enactment of this Act, then (A) all persons initially appointed as commissioned officers in the Army, Navy, Air Force, and Marine Corps after the 60th day following the date of the enactment of this Act shall be appointed as commissioned officers in a Reserve component of the Armed Forces; and
104 STAT. 1563
(B) all persons entering the service academies after the 60th day following the date of the enactment of this Act shall incur in obligation to serve on active duty for a period of five years. (c) SERVICE ACADEMY DEFINED.For purposes of this section, the term "service academies" means the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.
PART COFFICER EDUCATION AND TRAINING SEC. 531. REDUCTION IN THE NUMBER OF APPOINTMENTS FOR THE CLASS OF A SERVICE ACADEMY ENTERING IN 1991 AND IN 1995 10 USC 4342 note.
(a) REDUCTION REQUIRED.The number of appointments made for the class entering a service academy in 1991 may not exceed the number that is 100 less than the number of appointments for the class that entered that service academy in 1990. The number of appointments made for the class entering a service academy in 1995 may not exceed 1,000. The reductions required by this section may not be achieved by reducing the number of appointments under section 4342(a), 6954(a), or 9342(a) of title 10, United States Code. (b) SERVICE ACADEMY DEFINED.For purposes of this section, the term "service academy" means the United States Military Academy, the United States Naval Academy, or the Air Force Academy.
SEC. 532. REPEAL OF AUTHORITY OF ADMINISTRATOR OF PANAMA CANAL COMMISSION TO NOMINATE CADETS AND MIDSHIPMEN
(a) MILITARY ACADEMY.(1) Section 4342 of title 10, United States Code, is amended (A) in subsection (a) (i) by striking out clause (8); and (ii) by redesignating clauses (9) and (10) as clauses (8) and (9), respectively; (B) in subsection (d), by striking out "(2)-(7), (9), or (10)" and inserting in lieu thereof "(2) through (9)"; and (C) in subsection (f), by striking out "(3)-(7), (9) and (10)" and inserting in lieu thereof "(3) through (9)". (2) Section 9343 of such title is amended by striking out "(2)-(9)" and inserting in lieu thereof "(2) through (8)". (b) NAVAL ACADEMY.(1) Section 6954 of such title is amended (A) in subsection (a) (i) by striking out clause (8); and (ii) by redesignating clauses (9) and (10) as clauses (8) and (9), respectively; and (B) in subsection (d), by striking out "(2)-(7), (9), or (10)" and inserting in lieu thereof "(2) through (9)". (2) Section 6956(c) of such title is amended by striking out "(2)-(9)" and inserting in lieu thereof "(2) through (8)". (3) Section 69580t)) of such title is amended by striking out "(3)-(7), (9) and (10)" and inserting in lieu thereof "(3) through (9)". (c) AIR FORCE ACADEMY.(1) Section 9342 of such title is amended (A) in subsection (a) (i) by striking out clause (8); and (ii) by redesignating clauses (9) and (10) is clauses (8) ind (9) resoectivelv (B) in subsection (d), by striking out "(2)-(7), (9), or (10)" and inserting in lieu thereof "(2) through (9)"; and
104 STAT. 1564
(C) in subsection (f), by striking out "(3)-(7), (9) and (10)" and inserting in lieu thereof "(3) through (9)". (2) Section 9343 of such title is amended by striking out "(2H9)" and inserting in lieu thereof "(2) through (8)".
SEC. 533. MODIFICATION OF THE TEN-YEAR SERVICE OBLIGATION FOR GRADUATES OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES (a) REDUCTION IN REQUIRED ACTIVE-DUTY SERVICE.Subsection (b)
of section 2114 of title 10, United States Code, is amended by striking out "10 years" in the fourth sentence and inserting in lieu thereof "seven years".
0)) RESERVE SERVICE REQUIRED.Such section is further
amended (1) in subsection (b), by inserting after the fourth sentence the following new sentence: "Upon completion of, or release from, the active-duty service obligation, a member of the program who served on active-duty for less than 10 years shall serve in the Ready Reserve for the period specified in the following table:
"Period of Service on Active Duty Less than 8 years 8 years or more, but less than 9 9 years or more, but less than 10 Ready Reserve Obligation 6 years 4 years 2 years".
10 use 2114 ^^10 use 2114 note.
(2) in subsection (c), by striking out "an active duty obligation" and inserting in lieu thereof "a commissioned service obligation"; and (3) by adding at the end the following new subsection: "(f) In this section, the term 'commissioned service obligation' means, with respect to an officer who is a graduate of the University, the period beginning on the date of the appointment of the officer in a regular component after graduation and ending on the tenth anniversary of that appointment.". (c) CONFORMING AMENDMENT.Section 511(e) of the National Defense Authorization Act for Fiscal years 1990 and 1991 (Public Law 101-189: 103 Stat. 1439) is amended by striking out "the Uniformed Services University of the Health Sciences or". (d) EFFECTIVE DATE.The amendment made by subsection (b) shall take effect on December 31, 1991, and shall apply to persons who are first admitted to the Uniformed Services University of the Health Sciences after that date.
SEC. 534. ADVANCED EDUCATIONAL ASSISTANCE
Section 2005 of title 10, United States Code, is amended (1) in subsection (aX3), by inserting "or fails to fulfill any term or condition prescribed pursuant to clause (4)," after "agreement,"; and (2) in subsection (fKD, by inserting "or fails to fulfill any term or condition prescribed pursuant to clause (4) of such subsection," after "agreement,".

PART EMILITARY JUSTICE AMENDMENTS
104 STAT. 1565
SEC. 541. CLARIFICATION OF CERTAIN PROVISIONS IN UNIFORM CODE OF MILITARY JUSTICE (a) PRETRIAL SESSIONS INVOLVING MILITARY JUDGE ACTING
ALONE.Section 839(a) of title 10, United States Code (article 39(a) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: "These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29).".
(b) CHALLENGES TO MEMBERS OF COURTS-MARTIAL FOR CAUSE WHEN
MEMBERSHIP BELOW MINIMUM NUMBER.Subsection (a) of section
841 of title 10, United States Code (article 41 of the Uniform Code of Military Justice), is amended (1) by inserting "(1)" after "(a)"; and (2) by adding at the end the following: "(2) If exercise of a challenge for cause reiduces the court below the minimum number of members required by section 816 -of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.".
(c) PEREMPTORY CHALLENGES WHEN MEMBERSHIP BELOW MINIMUM
NUMBER.Subsection (b) of such section (article) is amended to read as follows: "(bXD Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause. "(2) If exercise of a peremptory challenge reduces the court below the minimum number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or wsiive any remaining peremptory challenge (not previously waived) igainst the remaining members of the court before additional members are detailed to the court.".
(d) ADDITIONAL PEREMPTORY CHALLENGES W H E N N E W MEMBERS
DETAILED.Such section (article) is further amended by adding at the end the following new subsection: "(c) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trail counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.". (e) EFFECTIVE DATE.The gmiendments made by subsections (a) through (d) shall apply only to a court-martial convened on or after the date of the enactment of this Act. (f) COURT OF MIUTARY APPEALS.Section 942(b) of title 10, United States Code (article 142(b) of the Uniform Code of Military Justice), is amended (1) by striking out "civil life" in paragraph (1) and inserting in lieu thereof "civilian life"; and (2) by adding at the end the following new paragraph: "(4) For purposes of appointment of judges to the court, a person retired from the armed forces after 20 or more years of active
10 USC 839 note.
104 STAT. 1566
service (whether or not such person is on the retired list) shall not be considered to be in civilian life.".
PART FMISCELLANEOUS
SEC. 551. SERVICES BY NOTARIES PUBLIC (a) IN GENERAL.^(1) Chapter 53 of title 10, United States Code, is amended by inserting after section 1044 the following new section: " 1044a. Authority to act as notary "(a) The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following: "(1) Members of any of the armed forces. "(2) Other persons eligible for legal assistance under the provisions of section 1044 of this title or regulations of the Department of Defense. "(3) Persons serving with, employed by, or accompanjdng the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. "(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States. "(b) Persons with the powers described in subsection (a) are the following: "(1) All judge advocates on active duty or performing inactiveduty training. "(2) All civilian attorneys serving as legal assistance officers. "(3) All adjutants, assistant adjutants, and personnel adjutants on active duty or performing inactive-duty training. "(4) All other persons on active duty or performing inactiveduty training who are designated by regulations of the armed forces or by statute to have those powers. "(c) No fee may be paid to or received by any person for the performance of a notarial act authorized in this section. "(d) The signature of any such person acting as notary, together with the title of that person's offices, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044 the following new item: "1044a. Authority to act as notary.". (b) CONFORMING AMENDMENTS.Section 936 of title 10, United States Code (article 136 of the Uniform Code of Military Justice), is amended (1) in subsection (a), by striking out ", and have the general powers" and all that follows through "United States" the third place it appears; and (2) by striking out subsections (c) and (d). SEC. 552. MEANING OF THE TERM "OFFICE" UNDER SECTION 2071(b) OF TITLE 18, UNITED STATES CODE (a) NoNAPPLiCABiUTY TO RETIRED OFFICERS,Section 2071(b) of title 18, United States Code, is amended by adding at the end the
104 STAT. 1567
following: "As used in this subsection, the term 'office' does not include the office held by any person as a retired officer of the Armed Forces of the United States.". (b) EFFECTIVE DATE.The amendment made by subsection (a) 18 use 2071 note. shall be effective as of January 1,1989.
SEC. 553. EXTENSION TO COAST GUARD OF LAW PROVIDING FOR IDENTIFICATION, TREATMENT, AND REHABILITATION OF MEMBERS OF THE ARMED FORCES WHO ARE DEPENDENT ON DRUGS OR ALCOHOL
Section 1090 of title 10, United States Code, is amended by inserting ", and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy," after "Secretary of Defense". SEC. 554. ADVISORY COMMITTEE ON MENTAL HEALTH EVALUATION 10 u s e 1074 note. PROTECTIONS (a) REQUIREMENT.Not later than 60 days after the date of the Establishment. enactment of this Act, the Secretary of Defense shall establish an advisory committee to carry out the functions described in subsection (d). (b) MEMBERSHIP.The advisory committee shall include not fewer than 12 members, including the following: (1) Three board-certified psychiatrists who are officers of the Armed Forces, one of whom shall be an officer in the Medical Corps of the Army, one of whom shall be an officer in the Medical Corps of the Navy, and one of whom shall be an officer in the Air Force designated as a medical officer. (2) One board-certified psychiatrist who is a civilian not employed by the Department of Defense, with expertise in procedures for the psychiatric commitment of civilian adults. (3) Three clinical psychologists who are officers of the Armed Forces and who have been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology, one of whom shall be an x)fficer in the Medical Service Corps of the Army, one of whom shall be an officer in the Medical Service Corps of the Navy, and one of whom shall be an officer in the Air Force who is designated as a biomedical sciences officer. (4) One clinical psychologist who is a civilian not employed by the Department of Defense and who has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology. (5) Three judge advocates, one each from the Army, the Navy, and the Air Force, with expertise in pretrial restraint and other procedures Eissociated with the mental health evaluation of individuals subject to the Uniform Code of Military Justice. (6) An attorney who is a civilian not employed by the Department of Defense, with expertise in legal procedures associated with the psychiatric commitment of civilian adults. (7) Such other civilian officials (employed by the Department of Defense or otherwise employed) and members of the Armed Forces as the Secretary considers appropriate. (c) CHAIRMAN.The Secretary of Defense shall appoint a chairman of the advisory committee from among the members of the committee.
104 STAT. 1568

Regulations.
(d) FUNCTIONS.(1) The advisory committee shall develop and recommend to the Secretary regulations on procedural protections that should be afforded to any member of the Armed Forces who is referred by a commanding officer for a mental health evaluation by a mental health professional. The recommended regulations shsill apply uniformly throughout the Department of Defense and shall include appropriate procedural protections according to whether the evaluations are to be carried out on an outpatient or inpatient basis and whether, based on the results of the evaluation, the member is to be involuntarily hospitalized in a mental health treatment facility. In developing the regulations with respect to procedural protections for evaluations conducted on an inpatient basis, the committee shall take into account any guidelines regarding psychiatric hospitalization of adults prepared by professional civilian mental health organizations. (2XA) Tê regulations developed under paragraph (1) shall include both of the following: (i) A prohibition on the inappropriate referral for a mental health evaluation of a member of the Armed Forces as a reprisal against the member for making or preparing to make a communication described in subparagraph (B). (ii) Procedural protections to be afforded to a member who is referred for a mental health evaluation following a communication described in subparagraph (B). Such protections shall provide the member with an appropriate opportunity to allow for a timely, prompt challenge to the referral. (B) A communication referred to in subparagraph (A) is a lawful communication by a member of the Armed Forces of the type described in section 1034(c)(2) of title 10, United States Ck)de, except that, for purposes of this section, such a communication shall include a communication to any appropriate authority in the chain of command of the member (as defined by the Secretary of Defense in regulations under subsection (g)). (e) DEFINITIONS.In this section: (1) The term 'mental health evaluation' means a psychiatric examination or evaluation, a psychological examination or evaluation, an examination for psychiatric or psychological fitness for duty, or any other means of assessing a member's state of mental health. (2) The term 'mental health professional' means a psychiatrist, a psychologist, a person with a master's degree in social work, or any other individual who conducts mental health evaluations for the Department of Defense. (f) REPORT.(1) Not later than six months after the date of the enactment of this Act, the advisory committee shall submit to the Secretary of Defense a report containing the recommended regulations and such other information as the committee considers appropriate. (2) Not later than 30 days after receipt of the report under pareigraph (1), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives the report of the advisory committee, along with such additional comments and recommendations by the Secretary as the Secretary considers appropriate. (g) REGULATIONS.Not later than 180 days after receipt by the committees described in subsection (fK2) of the report, comments, and recommendations described in that subsection, the Secretary of
104 STAT. 1569
Defense shall prescribe regulations based on such report, comments, and recommendations. The regulations shall provide that an inappropriate referral for a mental health evaluation or an involuntary hospitalization, when undertaken as a reprisal for a communication described in subsection (d)(2XB), may be the basis for a proceeding under section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice). (h) TERMINATION OF COMMITTEE.The advisory committee shall terminate on the date on which the Secretary prescribes regulations under subsection (g).
SEC. 555. AMENDMENTS TO THE UNIFORMED SPOUSES' PROTECTION ACT SERVICES FORMER
(a) PROHIBITION OF CERTAIN RETROACTIVE COURT ORDERS.Subsec-
tion (c)(1) of section 1408 of title 10, United States Code, is amended by adding at the end the following new sentence: "A court may not treat retired pay as property in any proceeding to divide or partition any amount of retired pay of a member as the property of the member and the member's spouse or former spouse if a final decree of divorce, dissolution, annulment, or legal separation (including a court ordered, ratified, or approved property settlement incident to such decree) affecting the member and the member's spouse or former spouse (A) was issued before June 25, 1981, and (B) did not treat (or reserve jurisdiction to treat) any amount of retired pay of the member as property of the member and the member's spouse or former spouse.".
(b) REDUCTIONS ALLOWED FOR DETERMINATION OF DISPOSABLE RETIRED PAY.Subsection (a)(4) of such section is amended
(1) by striking out the semicolon at the end of subparagraph (A) and inserting in lieu thereof "for previous overpayments of retired pay and for recoupments required by law resulting from entitlement to retired pay;" (2) by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) are deducted from the retired pay of such member as a result of forfeitures of retired pay ordered by a courtmartial or as a result of a waiver of retired pay required by law in order to receive compensation under title 5 or title 38;"; (3) by striking out subparagraphs (C) and (D); and (4) by redesignating subparagraphs (E) and (F) as subparagraphs (C) and (D), respectively.
(c) CLARIFICATION OF STATUS OF PAYMENTS TO SPOUSES AND FORMER SPOUSES.Subsection (c)(2) of such section is amended by
adding at the end the following new sentence: "Payments by the Secretary concerned under subsection (d) to a spouse or former spouse with respect to a division of retired pay as the property of a member and the member's spouse under this subsection may not be treated as amounts received as retired pay for service in the uniformed services.".
(d) CLARIFICATION OF LIMITS ON PAYMENTS OF RETIRED PAY.(1)
Paragraph (1) of subsection (e) of such section is amended by striking out "payable under subsection (d)" and inserting in lieu thereof "payable under all court orders pursuant to subsection (c)". (2) Paragraph (4)(B) of such subsection is amended by striking out "the disposable retired or retainer pay payable to such member" and inserting in lieu thereof "the amount of the retired pay payable
104 STAT. 1570
10 use 1408 ^^^-
to such member that is considered under section 462 of the Social Security Act (42 U.S.C. 662) to be remuneration for emplojrment that is payable by the United States". (e) EFFECTIVE DATES.(1) The amendment made by subsection (a) shall apply with respect to judgments issued before, on, or after the date of the enactment of this Act. In the case of a judgement issued before the date of the enactment of this Act, such amendment shall not relieve any obligation, otherwise valid, to make a payment that is due to be made before the end of the two-year period beginning on the date of the enactment of this Act. (2) The amendments made by subsections (b), (c), and (d) apply with only respect to divorces, dissolutions of marriage, annulments, and legal separations that become effective after the end of the 90day period beginning on the date of the enactment of this Act. (f) TECHNICAL AMENDMENTS.Such section is further amended (1) by adding at the end of subsection (a) the following new paragraph: "(7) The term 'retired pay' includes retainer pay."; and (2) by striking out "or retainer" each place it appears. (g) STYUSTIC AMENDMENTS.Such section is further amended (1) by inserting "DEFINITIONS." in subsection (a) after "(a)";
(2) by inserting "EFFECTIVE SERVICE OF PROCESS." in subsec-
tion (b) after "(b)";

(3) by inserting "AUTHORITY FOR COURT TO TREAT RETIRED PAY AS PROPERTY OF THE MEMBER AND SPOUSE." in subsection
(c) after "(c)";

(4) by inserting "PAYMENTS BY SECRETARY CONCERNED TO SPOUSE OR FORMER SPOUSE." in subsection (d) after "(d)";
(5) by inserting "LIMITATIONS." in subsection (e) after "(e)";

(6) by inserting "IMMUNITY OF OFFICERS AND EMPLOYEES OF UNITED STATES." in subsection (f) after "(f)"; (7) by inserting "NOTICE T O MEMBER OF SERVICE OF COURT ORDER O N SECRETARY CONCERNED." in subsection (g) after
"(g)"; and (8) by inserting "REGULATIONS." in subsection (h) after "(h)".

SEC. 556. AUTHORITY FOR COMMISSIONED OFFICERS TO SERVE ON INDEPENDENT SCHOOL BOARDS
Section 973 of title 10, United States Code, is amended (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): "(c) An officer to whom subsection (b) applies may seek and hold nonpartisan civil office on an independent school board that is located exclusively on a military reservation.".
SEC. 557. NAVY RATIONS
(a) I N GENERAL.Section 6082 of title 10, United States Code, is amended to read as follows: "6082. Rations "(a) The President may prescribe the components and quantities of the Navy ration. The President may direct the issuance of equivalent articles in place of the prescribed components of the ration if the President determines that economy and the health and comfort of the members of the naval service require such action.
104 STAT. 1571
"0)) An enlisted member of the naval service on active duty is entitled to one ration daily. If an emergency ration is issued, it is in addition to the regular ration. "(c) Fresh or preserved fruits, milk, butter, and eggs necessary for the proper diet of the sick and injured in hospitals shall be provided under regulations prescribed by the Secretary of the Navy. "(d) The Secretary of the Navy may increase the quantity of daily rations for members of the naval service on a vessel or at a station that has an authorized complement of less than 150 members if the President determines that the vessel or station is operating under conditions that warrant an increase in rations.". (b) CLERICAL AMENDMENT.The table of sections at the beginning of such chapter is amended by striking out the item relating to section 6082 and inserting in lieu thereof the following:
"6082 Rations.". SEC. 558. REPORT REGARDING REQUIREMENT FOR DUTY IN SUPPORT OF NATIONAL GUARD AND RESERVES
Not later than April 15, 1991, the Secretary of Defense shall submit to the C!ommittees on Armed Services of the Senate and House of Representatives a report on the desirability of requiring active-duty list officers to serve a minimum of two years in support of a National Guard or Reserve unit as a condition of eligibility for consideration for promotion to the grade of colonel or, in the case of the Navy, captain.
SEC. 559. PROHIBITION ON CERTAIN RESERVE SERVICE (a) LIMITATION O N DUTY WITH R O T C UNITS.(1) Chapter 39 of
title 10, United States Code, is amended by inserting after section 686 the following new section: " 687. Limitation on duty with Reserve Officer Training Corp units "A member of a reserve component serving on active duty or fulltime National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components may not be assigned to duty with a unit of the Reserve Officer Training Corps program.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 686 the following new item:
"687. Limitation on duty with Reserve Officer Training Corp units.".
(b) EFFECTIVE DATE.Section 687 of title 10, United States Code, as added by subsection (a), shall take effect on September 30, 1991.
PART FMONTGOMERY G I BILL SEC. 561. OPPORTUNITY FOR CERTAIN PERSONNEL TO ENROLL IN MONTGOMERY GI BILL BEFORE BEING INVOLUNTARILY SEPARATED FROM SERVICE
lO use 687 note.
(a) IN GENERAL.(1) Subchapter II of chapter 30 of title 38, United States Code, is amended by inserting after section 1418 the following:
104 STAT. 1572
Education.
" 1418A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service "(a) Notwithstanding any other provision of law, an individual who "(1) after December 31, 1990, or the end of the 90-day period beginning on the date of the enactment of this section, whichever is later, is involuntarily separated (as such term is defined in section 1142 of title 10) with an honorable discharge; "(2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree; "(3) in the case of any individual who has made an election under section 1411(c)(1) or 1412(dXl) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carr3dng out this section or which the Secretary of Transportation shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy; "(4) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in paragraph (3) of this subsection, before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and "(5) before such separation elects to receive assistance under this section pursuant to procedures referred to in paragraph (3) of this subsection, is entitled to basic educational assistance under this chapter. "(b) The basic pay of an individual described in subsection (a) of this section shall be reduced by $1,200. "(c) A withdrawal referred to in subsection (aX3) of this section is irrevocable. "(dXD Except as provided in paragraph (3) of this subsection, an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (aX4) of this subsection shall be disenroUed from such chapter 32 program as of the date of such election. "(2) For each individual who is disenroUed from such program, the Secretary shall refund "(A) as provided in section 1623(b) of this title, to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 1622(a) of this title; and "(B) to the Secretary of Defense the unused contributions (other than contributions made under section 1622(c) of this title) made by such Secretary to the Account on behalf of such individual. "(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 1622 of this title on behalf of any individual referred to in paragraph (1) of this subsection shall remain in such
104 STAT. 1573
Account to make pajnnents of benefits to such individusil under section 1415(e) of this chapter.". (2) (The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 1418 the following new item:
: "1418A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service.". 0)) CONFORMING AMENDMENTS.(1) Section 1413 of such title is
amended (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): "(d) Subject to section 1795 of this title, each individual entitled to educational benefits under section 1418A of this title is entitled to the lesser of "(1) 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational assistance); or "(2) the number of months of such educational issistance (or such equivalent thereof) that is equal to the number of months served by such individual on active duty.". (2) Section 1415 of such title is amended by adding at the end the following new subsection: "(e) In the case of an individual for whom the Secretary of Defense made contributions under section 1622(c) of this title and who is entitled to educational assistance under section 1418A of this chapter, the Secretary shall increase the rate of the basic educational eissistance allowance applicable to such individual in excess of the rate provided under subsection (a) of this section in a manner consistent with, as determined by the Secretary of Defense, the agreement entered into with such individual pursuant to the rules and regulations issued by the Secretary of Defense under section 1622(c) of this title.". (3) Section 1435(b) of such title is amended (A) in paragraph (1), by striking out "paragraph (2)" and inserting in lieu thereof "paragraphs (2) and (3)"; and (B) by adding at the end the following: "(3) Payment for entitlements established under section 1418A of this title shall be made "(A) except is provided in subparagraphs (B) and (C) of this paragraph, from the Department of Defense Education Benefits Fund established under section 2006 of title 10; "(B) in the case of any individual described in section 1418A(aX3) of this title, from funds appropriated, or otherwise available, to the Department of Vetereuis Affairs for the payment of readjustment benefits; and "(C) in the case of the increase in payments made under section 1415(e) of this title, from the Post-Vietnam Era Veterans Education Account established pursuant to section 1622(a) of this title.".
SEC. 562. CLARIFYING AMENDMENTS TO MONTGOMERY GI BILL ACTIVE DUTY PROGRAM
(a) REASON FOR DISCHARGE.(1) Subparagraph (A)(iiXI) of section 1411(aXl) of title 38, United States Code, is amended (A) by striking out "or for" and inserting in lieu thereof "for"; and
104 STAT. 1574
(B) by inserting after "hardship" the following: ", or for a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy". (2) Subparagraph (BXiiXD of section 1411(aXl) of such title is amended (A) by striking out "or for" and inserting in lieu thereof "for"; and (B) by inserting after "hardship" the following: ", or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(iiXI) of this paragraph". (3) Section 1412(bXl) of such title is amended (A) in subparagraph (A) (i) by striking out "or (v)" and inserting in lieu thereof "(v)";and (ii) by inserting immediately before the period the following: ", or (vi) for a physical or mental condition that was not characterized as a disability, as described in section 1411(aXlXAXiiXI) of this title"; (B) in subparagraph (BXi) (i) by striking out "or for" and inserting in lieu thereof ", for"; and (ii) by inserting immediately before ", if the individual" the following: ", or for a physical or mental condition not characterized as a disability, as described in section 1411(aXlXAXiiXI) of this title"; and (C) in subparagraph (BXii) (i) by striking out "or (V)" and inserting in lieu thereof "(V)"; and (ii) by inserting immediately before the period the following: ", or (VI) for a physical or mental condition not characterized as a disability, as described in section 1411(aXl)(AXiiXI) of this title". (4) Section 3103A(bX3)(F) is amended (A) by striking out "or" at the end of clause (ii); (B) by striking out the period at the end of clause (iii) emd inserting in lieu thereof "; or"; and (C) bv adding at the end the following: (iv) a discharge or release from active duty for a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as described in section 1411(aXl)(AXii)CI) of this title.", (b) INITIAL PERIOD OF DUTY.Section 1411(d) of such title is amended (1) in paragraph (1), by striking out "paragraph (2)" and inserting in lieu thereof "paragraphs (2) and (3)"; and (2) by adding at the end the following: "(3) The period of service referred to in p a r s ^ a p h (1) is also any period of service on active duty which an individual in the Selected
104 STAT. 1575
Reserve was ordered to perform under section 672, 673, 673b, 674, or 675 of title 10 for a period of less than 2 years.". (c) EFFECTIVE DATE.The amendments made by this section shall take effect as of October 19,1984.
SEC. 563. PARTICIPATION OF CERTAIN NATIONAL GUARD PERSONNEL IN MONTGOMERY GI BILL
38 USC 1411
note.
(a) I N GENERAL.Section 1402 of title 38, United States Code, is smiended by adding at end the following: "(7) The term 'active duty' includes full-time National Guard duty first performed after November 29, 1989, by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard.". (b) EFFECTIVE DATE.'The amendment made by this section shall apply only to individuals who before the date of entry on active duty, as defined in section 1402(7) of title 38, United States Code (as added by subsection (a)), have never served on active duty as defined in section 101(21) of that title. TITLE VICOMPENSATION AND OTHER PERSONNEL BENEFITS
PART APAY AND ALLOWANCES SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1991
38 USC 1402 note.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1991 shall not be made. (b) INCREASE IN BASIC PAY, B A S , AND BAQ.Effective on January 1, 1991, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 4.1 percent.
SEC. 602. MODIFICATION OF LIMITATION ON ADJUSTMENTS IN VARIABLE HOUSING ALLOWANCE
37 USC 1009 note.
Section 403a of title 37, United States Code, is amended (1) in subsection (cX2), by striking out ", except that the monthly amount" and all that follows through the period at the end and inserting in lieu thereof a period; and (2) by adding at the end the following new subsection: "(f) The monthly rate of a variable housing allowance for members of the uniformed services in the same pay grade and dependency status in an area may not be reduced pursuant to subsection (cX2), a redetermination of median monthly costs of housing under that subsection, or any other law to the extent that the total amount of monthly basic pay, basic allowance for quarters, basic allowance for subsistence, and variable housing allowance for that grade and status is reduced, as a result of such a reduction in variable housing allowance, below the monthly total of those items of pay and allowances for the month preceding the effective date of the most recent increase in the rate of basic pay for that grade.".
104 STAT. 1576

PART BBONUSES AND SPECIAL AND INCENTIVE PAY SEC. 611. MULTIYEAR MEDICAL OFFICER RETENTION BONUS
(a) BONUS AUTHORIZED.(1) Chapter 5 of title 37, United States Code, is amended by inserting after section 301c the following new section: " sold. Multiyear retention bonus: medical ofHcers of the armed forces
"(a) BONUS AUTHORIZED.(1) A medical officer described in
subsection 0?) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section. "(2) The amount of a retention bonus under paragraph (1) may not exceed $14,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment.
"(b) EUGIBLE OFFICERS.This section applies to an officer of the
armed forces who "(1) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer; "(2) is in a pay grade below pay grade 0-7; "(3) has at least eight years of creditable service (computed as described in section 302(g) of this title) or has completed any active-duty service commitment incurred for medical education and training; and "(4) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)). "(c) REFUNDS.(1) Refunds shall be required, on a pro rata basis, of sums paid under this section if the officer who has received the payment fails to complete the total period of active duty specified in the agreement, as conditions and circumstances warrant. "(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owned to the United States. "(3) A discharge in bankruptcy under title 11, United States Code, that is entered less than five years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under such agreement or under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 301c the following new item:
"301d. Retention bonus: medical officers of the armed forces.".
37 u s e 30id "*-
(b) T E R M I N A T I O N O F E X I S T I N G R E T E N T I O N B O N U S A G R E E M E N T . ( 1 ) Subject to the approval of the Secretary of the military department concerned, a medical officer who is eligible to enter into a retention bonus agreement under section 301d of title 37, United States Code (as added by subsection (a)) may terminate any existing retention bonus agreement entered into by that officer under 612 of the National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), in order to enter into an agreement under section 301d of such
104 STAT. 1577
title containing an active-duty service obligation that is not less than the active-duty service obligation remaining under the existing agreement on the date of its termination. (2) Subsection (e) of section 612 of the National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), shall not apply to the termination, pursuant to paragraph (1), of a retention bonus agreement under that section. (c) REPORT ON IMPLEMENTATION.The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing implementation of section 301d of title 37, United States Code (as added by subsection (a)). The report shall include a description of the process that will be used to reassess the assignment of medical specialties to the various categories of multiyear bonuses under that section and the means for ensuring that substantial changes to the total compensation of medical officers of the Armed Forces will be minimized. The report shall be submitted not later than 90 days after the date of the enactment of this Act. (d) CONFORMING AMENDMENT.Section 303a of title 37, United States Code, is amended by inserting "301d," after "sections" each place it appears.
SEC. 612. INCREASE IN PHYSICIAN SPECIAL PAY FOR OFFICERS IN A PAY GRADE ABOVE 0-6
Section 302(aX3) of title 37, United States Code, is amended by striking out "$1,000" and inserting in lieu thereof "$7,000".
SEC. 613. EXTENSION OF NURSE INCENTIVE PROGRAMS (a) NURSE ACCESSION BONUS.Section 302d(aXl) of title 37, United
States Code, is amended by striking out "September 30, 1991," and inserting in lieu thereof "September 30,1992,". Ot)) SPECIAL PAY FOR NURSE ANESTHETISTS.Section 302e(a)(l) of title 37, United States Code, is amended by striking out "September 30, 1991," and inserting in lieu thereof "September 30, 1992,". (c) NURSE CANDIDATES.Section 2130a of title 10, United States Code, is amended (1) in subsection (a)(1), by striking out "September 30, 1991," and inserting in lieu thereof "September 30,1992,"; and (2) in subsections (a)(2) and (bXD, by inserting "by the Secretary selecting the person" after "this title".
SEC. 614. EXTENSION OF SPECIAL PAY FOR NURSE ANESTHETISTS TO OTHER NURSING SPECIALTIES
(a) SPECIAL PAY AUTHORIZED.Subsection O> of section 302e of t) title 37, United States Code, is amended (1) by redesignating paragraphs (1), (2), gmd (3) as subparagraphs (A), (B), and (C), respectively; (2) by inserting "(1)" before "An officer"; and (3) by adding at the end the following new paragraph: "(2) The Secretary of Defense may extend the special pay authorized under subsection (a) to officers of the armed forces who serve in a nursing specialty (other than as nurse anesthetists) that "(A) is designated by the Secretary is critical to meet requirements (whether such specialty is designated as critical to meet wartime or peacetime requirements); and "(B) requires postbaccalaureate education and treiining.".
39-194 O - 91 - 8 : QL 3 Part 3
104 STAT. 1578
37 use 302e
"^-
(b) CONFORMING AMENDMENT.Subsection (a)(1) of such section is amended by striking out "subsection (b)" and inserting in lieu thereof "subsection (bXD". (c) IMPLEMENTATION OF AMENDMENT.The Secretary of Defense
m a y not i m p l e m e n t subsection (bX2) of section 302e of title 37,
United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report (1) justif3dng the need of the departments for the authority provided in such subsection;'and (2) describing the manner in which that authority will be implemented. SEC. 615. AUTHORITY TO TERMINATE SELECTIVE REENLISTMENT BONUS PAYMENTS
(a) TERMINATION AUTHORIZED.Subsection (d) of section 308 of
title 37, United States Code, is amended (1) by inserting (1) after "(d)"; and (2) by adding at the end the following new paragraph: "(2) If a refund is not required under paragraph (1) in the case of a member who fails to complete a term of enlistment, the Secretary of Defense with respect to the armed forces under the Secretary's jurisdiction, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, may decline to make any pa3rment of a bonus installment under this section that is due to be paid to the member after the date on which the member fails to complete the term of enlistment for which the bonus is being paid. The Secretary of Defense and the Secretary of Transportation may prescribe the circumstances under which bonus installments may be terminated under this paragraph.". 37 use 308 note. (b) EFFECTIVE DATE.The amendment made by subsection (a) shall apply with respect to any bonus paid under section 308 of title 37, United States Code, to a person in connection with the reenlistment or extension of the term of enlistment of the person in the Armed Forces on or after the date of the enactment of this Act. SEC. 616. EXTENSION OF SPECIAL PAY FOR CRITICALLY SHORT WARTIME HEALTH SPECIALISTS IN THE SELECTED RESERVE Section 613(d) of the National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), is amended by striking out "September 30, 1990" and inserting in lieu thereof "September 30, 1993". SEC. 617. RETENTION BONUS FOR OPTOMETRISTS (a) RETENTION BONUS AUTHORIZED.Section 302a of title 37, United States Clode, is amended (1) by inserting "(a) REGULAR SPECIAL PAY." before "Each"; and (2) by adding at the end the following new subsection: "Ot>) RETENTION SPECIAL PAY.(1) Under regulations prescribed under section 303a(a) of this title, an officer described in paragraph (2) may be paid retention special pay of not more than $6,000 for'uiy twelve-month period during which the officer is not undergoing an internship or initial residency training. "(2) An officer referred to in paragraph (1) is an officer of an armed force who "(A) is entitled to special pay under subsection (a);
104 STAT. 1579
"(B) has completed any initial active-duty service commitment incurred for education and training; Eind "(C) is determined by the Secretary of the military department concerned to be qualified as an optometrist. "(3) An officer may not be paid retention special pay under paragraph (1) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. '(4) The Secretary of the military department concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). If such eligibility is terminated, the officer concerned shall receive such special pay only for the part of the period of active duty that the officer served and may be required to refund any amount in excess of that amount. . (b) IMPLEMENTATION OF AMENDMENT.The Secretary of Defense 37 use 302a may not implement subsection (b) of section 302a of title 37, United "*States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report (1) justifying the need of the military departments for the authority provided in such subsection; and (2) describing the manner in which that authority will be implemented.
SEC. 618. PROVISION OF BOARD CERTIFICATION SPECIAL PAY FOR NONPHYSICIAN HEALTH CARE PROVIDERS
(a) SPECIAL PAY AUTHORIZED.Section 302c of title 37, United States Code, is amended by adding at the end the following new subsection:
"(d) NONPHYSICIAN HEALTH CARE PROVIDERS.The Secretary of
Defense may authorize the payment of special pay at the rates specified in subsection (b) to an officer who "(1) is an officer in the Medical Services Corps of the Army or Navy or a biomedical sciences officer in the Air Force; "(2) is a health care provider (other than a psychologist); "(3) has a postbaccalaureate degree; and "(4) is certified by a professional board in the officer's specialty.". (b) IMPLEMENTATION OF AMENDMENT.The Secretary of Defense may not implement subsection (d) of section 302c of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report (1) justifying the need of the military departments for the authority provided in such subsection; and (2) describing the manner in which that authority will be implemented. (c) CLERICAL AMENDMENTS.(1) The heading of section 302e of title 37, United States Code, is amended to read as follows: " 302c. Special pay: psychologists and nonphysician health care providers (2) The table of sections at the beginning of chapter 5 of such title is amended by striking out the item relating to section 302c and inserting in lieu thereof the following:
37 use 302c "*^
104 STAT. 1580
"302c. Special pay: psychologists and nonphjrsician health ceire providers.". PART CTRAVEL AND TRANSPORTATION ALLOWANCES SEC. 621. PERMANENT AUTHORITY TO PAY MEMBERS FOR LABOR FURNISHED IN CONNECTION WITH THE TRANSPORTATION OF BAGGAGE AND HOUSEHOLD GOODS
37 use 406 and

note.
Subsection (b) of section 614 of the Department of Defense Authorization Act, 1986 (37 U.S.C. note) is repealed. The amendments made by subsection (a) of that section are hereby revived effective as of October 1,1989.
SEC. 622. BAGGAGE AND HOUSEHOLD WEIGHT ALLOWANCE FOR CADETS AND MIDSHIPMEN
37 use 406 note.
(a) I N GENERAL.Section 406(bXl) of title 37, United States Ck)de, is amended by adding at the end the following new subparagraph: "(E) Under regulations prescribed by the Secretary of Defense, cadets at the United States Military Academy and the United States Air Force Academy, and midshipmen at the United States Naval Academy shall be entitled, in connection with a change of temporary or permanent station, to transportation of baggage and household effects as provided in subparagraph (A) of this paragraph. The weight allowance for such cadets and midshipmen shall be 350 pounds.". (b) AppucATiON OF AMENDMENT.The amendment made by subsection (a) shall be applicable to baggage and household effects transported on or after the date of the enactment of this Act.
PART DMISCELLANEOUS SEC. 631. DELAY IN EFFECTIVE DATE OF OPTIONAL HIGH-TIER SURVIVOR BENEFIT PLAN COVERAGE AND OPEN ENROLLMENT PERIOD
10 use 1331 u5i' M S S ' note. 10 use 1448 note.
The Military Survivor Benefits Improvement Act of 1989 (title XIV of Public Law 101-189) is amended (1) in section 1404 (103 Stat. 1579), by striking out "October 1 1991" in subsections (aXD, (aX2), and (bX3) and inserting in lieu thereof "April 1,1992"; and (2) in section 1405(f) (103 Stat. 1587), by striking out "October 1 1991" and inserting in lieu thereof "April 1, 1992". TITLE VIIHEALTH CARE PROVISIONS
PART AHEALTH CARE SERVICES
10 use 1079
"*
SEC. 701. PROVISION OF PAP SMEARS AND MAMMOGRAMS UNDER CHAMPUS (a) CARE AUTHORIZED.Section 1079(aX2) of title 10, United States Code, is amended by inserting before the semicolon the following: ", except that pap smears and mammograms may be provided on a diagnostic or preventive basis". (b) APPUCATION OF AMENDMENT.The amendment made by
subsection (a) shall apply to t h e provision of p a p s m e a r s a n d m a m m o g r a m s u n d e r section 1079 or 1086 of title 10, U n i t e d States
Code, on or after the date of the enactment of this Act.
104 STAT. 1581
SEC. 702. REPEAL OF THE LIMITATION ON THE PAYMENT OF SERVICES OF MARRIAGE AND FAMILY THERAPISTS AS A MEDICAL EXPENSE
(a) REPEAL OF LIMITATION.Section 1079(a) of title 10, United States Code, is amended (1) in paragraph (8) (A) by inserting "(other than certified marriage and family therapists) after "marital counselors"; and (B) by adding before the semicolon the following: "and services of certified marriage and family therapists may be provided consistent with such rules as may be prescribed by the Secretary of Defense, including credentialing criteria and a requirement that the therapists accept pajonent under this section as full payment for all services provided"; and (2) in paragraph (13), by inserting "certified marriage and family therapist,' after "psychologist,". (b) APPUCATION OF AMENDMENTS.The amendments made by lo use 1079 subsection (a) shall apply with respect to the services of certified "* ^ marriage and family therapists provided under section 1079 or 1086 of title 10, United States Code, on or after the date of the enactment of this Act. SEC. 703. MENTAL HEALTH SERVICES
(a) REDUCTION IN AUTHORIZED INPATIENT CARE.Subsection (aX6)
of section 1079 of title 10, United States Code, is amended by striking out "in excess of 60 days in any year;" and inserting in lieu thereof the following: "in excess of "(A) 30 days in any year, in the case of a patient 19 years of age or older; "(B) 45 days in any year, in the case of a patient under 19 years of age; or "(C) 150 days in any year, in the case of inpatient mental health services provided as residential treatment care;".
(b) MANAGEMENT OF MENTAL HEALTH SERVICES.Subsection (i) of
such section is amended to read as follows: "(iXD The limitation in subsection (aX6) does not apply in the case of inpatient mental health services "(A) provided under the program for the handicapped under subsection (d); "(B) provided is partial hospital care; or "(C) provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant to rules prescribed by the Secretary, which takes into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of that care. "(2) Notwithstanding subsection (b) or section 1086(b) of this title, the Secretary of Defense (after consulting with the other administering Secretaries) may prescribe separate pajrment requirements (including deductibles, copa3mients, and catastrophic limits) for the provision of mental hesdth services to persons covered by this section or section 1086 of this title. The pajonent requirements may vary for different categories of covered beneficiaries, by type of mental health service provided, and based on the location of the covered beneficiaries.
104 STAT. 1582
"(3) Except in the case of an emergency, the Secretary of Defense shall require preadmission authorization before inpatient mental health services may be provided to persons covered by this section or section 1086 of this title. In the csise of the provision of emergency inpatient mental health services, approval for the continuation of such services shall be required within 72 hours after admission.".
(c) PLAN FOR REDUCING MENTAL HEALTH SERVICES C!OSTS.Not
10 use 1079 ^^-
later than February 1,1991, the Secretary of Defense shall submit to the Congress a plan to reduce the costs incurred by the Department of Defense to provide mental health services under the Civilian Health and Medical Program of the Uniformed Services. The plan shall include a legislative proposal to implement the recommendation of the Secretary. (d) EFFECTIVE DATE.This section and the amendments made by this section shall take effect on February 15, 1991, and shall apply with respect to mental health services provided under section 1079 or 1086 of title 10, United States Code, on or after that date.
PART BHEALTH CARE MANAGEMENT
10 u s e 115 note.
SEC. 711. LIMITATION ON REDUCTIONS IN MEDICAL PERSONNEL (a) LIMITATION ON REDUCTION.The Secretary of Defense may not
reduce the number of medical personnel below the number of such medical personnel serving on September 30, 1989, unless the Secretary of Defense (1) certifies to the Congress that (A) the number of such personnel being reduced is excess to the current and projected needs of the military departments; and (B) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services; and (2) in the case of military personnel, includes in the certification the information specified in subsection (b). (b) INFORMATION REQUIRED.A certification made by the Secretary of Defense in compliance with subsection (a)(2) shall include the following: (1) The strength levels for the individual category of medical personnel involved in the reduction as of September 30, 1989. (2) The projected requirements of the Department of Defense over the five-fiscal year period following the fiscal year in which the certification is submitted for medical personnel in the category of medical personnel involved in the reduction. (3) The strength level recommended for each component of the Armed Forces for the most recent fiscal year for which the Secretary submitted recommendations pursuant to section 115a(gXl) of title 10, United States Code (as added by section 1483), for personnel in the category of medical personnel involved in the reduction. (c) DEFINITIONS.For purposes of this section: (1) The term "medical personnel" has the meaning given that term in section 115a(g)(2) of title 10, United States Code (as added by section 1483), except that such term includes civilian personnel of the Department of Defense assigned to military medical facilities.
104 STAT. 1583
(2) The term "category of medical personnel" means (A) each corps referred to in subparagraphs (A) and (C) of section 115a(gX2) of such title (as added by section 1483); (B) each designation referred to in subparagraph (B) of such section; (C) the enlisted personnel referred to in subparagraph (D) of such section; and (D) other medical personnel designated is medical personnel by the Secretary pursuant to subparagraph (E) of such section, if any.
SEC. 712. INCREASE IN ANNUAL DEDUCTIBLES UNDER CHAMPUS FOR CERTAIN COVERED BENEFICIARIES
(a) DEPENDENTS COVERED BY SECTION 1079.(1) Subsection 0)X2) of section 1079 of title 10, United States Code, is amended (A) by striking out "$50" and inserting in lieu thereof "$150"; and (B) by adding at the end the following new sentence: "Notwithstanding the preceding sentence, in the case of a dependent of an enlisted member in a pay grade below E-5, the initial deductible each fiscal year under this paragraph shall be limited to $50.". (2) Subsection Ot)X3) of such section is amended by striking out "$100" and inserting in lieu thereof "$300 (or in the case of the family group of an enlisted member in a pay grade below E-5, the first $100)". Ob) OTHER COVERED BENEFICIARIES.K1) Subsection (bXD of section 1086 of such title is amended by striking out "$50" and inserting in lieu thereof "$150". (2) Subsection (bX2) of such section is gmiended by striking out "$100" and inserting in lieu thereof "$300". (c) APPLICATION OF AMENDMENTS.The amendments made by this lO use 1079 section shall apply with respect to health care provided under "^sections 1079 and 1086 of title 10, United States Code, on or after April 1,1991. SEC. 713. COLLECTION FROM THIRD-PARTY PAYERS OF REASONABLE COSTS OF HEALTH CARE SERVICES INCURRED ON BEHALF OF RETIRED PERSONS AND DEPENDENTS
(a) COLLECTION FOR OUTPATIENT CARE.(1) Subsections (aXD, (aX2),
(c), (f), and (g) of section 1095 of title 10, United States Code, are each amended by striking out "inpatient hospital care" and inserting in lieu thereof "health care services". (b) COMPUTATION OF REASONABLE COSTS.Subsection (f) of such section is further amended (1) by striking out "or" at the end of paragraph (1); (2) bv redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following new paragraphs: "(2) all-inclusive per visit rates; "(3) diagnosis-related groups; or".
(c) ADDITIONAL THIRD-PARTY PAYERS.Such section is further
amended by striking out subsection (h) and inserting in lieu thereof the following new subsections: "(h) In this section: "(1) The term 'third-party payer' means an entity that provides an insurance, medical service, or health plan by contract
104 STAT. 1584
or agreement, including an automobile liability insurance or no fault insurance carrier. "(2) The term 'insurance, medical service, or health plan' includes an insurance plan described as Medicare supplemental insurance. "(iXl) In the case of a third-party payer that is an automobile liability insurance or no fault insurance carrier, the right of the United States to collect under this section shall extend to health care services provided to a person entitled to health care under section 1074(a) of this title. "(2) In cases in which a tort liability is created upon some third person, collection from a third-party payer that is an automobile liability insurance or no fault insurance carrier shall be governed by the provisions of Public Law 87-693 (42 U.S.C. 2651 et seq.).". (d) TECHNICAL AND CLERICAL AMENDMENTS.(1) Such section is further amended (A) in subsection (aXD (as amended by subsection (a)), by striking out "covered by section 1074(b), 1076(a), or 10760)) of this title" and inserting in lieu thereof "covered beneficiary"; and (B) in subsection (aX2) (as amended by subsection (a)), by striking out "person covered by section 1074(b), 1076(a), or 1076(b) of this title" and inserting in lieu thereof "covered beneficiary". (2) The heading of such section is amended to read as follows: " 1095. Health care services incurred on behalf of covered beneficiaries: collection from third-party payers". (2) The item relating to such section in the table of sections at the beginning of chapter 55 of such title is amended to read as follows:
"1095. Health care services incurred on behalf of covered beneficiaries: collection from third-party payers.".
10 u s e 1095 "*
(e) E F F E C T I V E D A T E . T h e a m e n d m e n t s m a d e by subsection (a) shall apply with respect to health care services provided in a medical facility of the uniformed services after the date of the enactment of this Act, but not with respect to collection under any insurance, medical service, or health plan agreement entered into before the date of the enactment of this Act that the Secretary of Defense determines clearly excludes pa3mient for such services. Such an exception shall apply until the amendment or renewed of such agreement after that date.
SEC. 714. INCREASE IN THE PAY LIMIT FOR PERSONAL SERVICES CONTRACTS FOR DIRECT HEALTH CARE PROVIDERS
Section 1091(b) of title 10, United States Code, is amended by striking out "basic pay and allowances authorized by chapters 3 and 7 of title 37 for a commissioned officer" and inserting in lieu thereof "basic pay, special and incentive pays and bonuses, and allowances authorêd by chapters 3, 5, and 7 of title 37 for a commissioned officer with comparable professional qusdifications".
10 u s e 1073 SEC. 715. CONDITIONS ON EXPANSION OF CHAMPUS REFORM INITIATIVE (a) CERTIFICATION OF COST-EFFECTIVENESS.The Secretary of De-
fense may not proceed with the proposed expansion of the CHAMPUS reform initiative underway in the States of California
104 STAT. 1585
ind Hawaii until not less than 90 days after the date on which the Secretary certifies to the Congress that (1) such CHAMPUS reform initiative has been demonstrated to be more cost-effective than the Civilian Health and Medical Program of the Uniformed Services or any other health care demonstration program being conducted by the Secretary; (2) the contractor selected to underwrite the delivery of health care under the CHAMPUS reform initiative will accomplish the expansion without the disruption of services to beneficiaries under the Civilian Health and Medical Program of the Uniformed Services or delays in the processing of claims; and (3) such contractor is currently, gmd projected to remain, financially able to underwrite the CHAMPUS reform initiative. OJ) REPORT ON CERTIFICATION.Not later than 30 days after the date on which the Secretary of Defense submits the certification required by subsection (a), the Comptroller General of the United States and the Director of the Congressional Budget Office shall jointly submit to Congress a report evaluating such certification. (c) CHAMPUS REFORM INITIATIVE DEFINED.For purposes of this section, the term "CHAMPUS reform initiative" has the meaning given that term in section 702(d)(1) of the Department of Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 1073 note).
SEC. 716. REQUIREMENTS PRIOR TO TERMINATION OF MEDICAL SERV- 10 USC 1073 ICES AT MILITARY MEDICAL TREATMENT FACILITIES "o^.
(a) PROHIBITION.During the period beginning on the date of the enactment of this Act and ending on September 30, 1995, the Secretary of a military department may not take any action to close a military medical facility under the jurisdiction of that Secretary or reduce the level of care provided at such a medicsd facility until 90 days after the date on which the Secretary submits to (Uongress a report described in subsection (b). (b) ELEMENTS OF REPORT.A report referred to in subsection (a) shall include the following: (1) The reason for the action. (2) The projected savings to the Government from the action. (3) The impact on CHAMPUS and MEDICARE costs in the catchment area of the facility. (4) The impact on beneficiary cost-sharing. (5) An examination of alternative ways to provide care to the persons served by the facility that the Secretary determines would not result in adverse consequences to such persons. (6) An explanation of how care will be provided for and the cost, if any, to those persons to receive such care. (c) EXCEPTION.Subsection (a) shall not apply with respect to the closing of a military medical facility (or the reduction of the level of care provided at a military medical facility) as a result of a base closure or an operational deployment.
SEC. 717. LIMITATION ON AWARDING CONTRACT FOR FULL PRODUCTION OF MEDICAL INFORMATION SYSTEMS
(a) LIMITATION.Subsection (g) of section 704 of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3900), as added by section 733(d) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1122), is amended by striking out "until" and all
104 STAT. 1586
that follows through the period and inserting in lieu thereof the following: "until the later of "(1) January 1,1992; and "(2) 30 days after the date of the submission of the report required under subsection (f).". (b) REPORT OF COMPTROLLER GENERAL.Subsection (f) of such section is amended (1) by striking out "and" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof ; and"; and (3) by adding at the end the following: "(3) whether the operational test and evaluation phase was conducted at a sufficient number of sites and with sufficient software in operation to warrant a full production decision.".
(c) CERTIFICATION TO EXPAND USE OF SYSTEM.Such section is
further amended (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: "(h) LIMITATION ON EXPANSION OF USE OF SYSTEM.(1) The Secretary may not authorize the use of the Composite Health Care System to replace an Independent Operating Capability system in any military medical treatment facility that is not involved in the operational test and evaluation phase referred to in subsection Ot)) on the date of the enactment of this amendment until the Secretary certifies to the Committees on Armed Services of the Senate and House of Representatives that use of the Composite Health Care System in that facility is the most cost-effective method for maintaining automated operations at the facility. "(2) A certification required under paragraph (1) shall include the following assurances: "(A) The Secretary has successfully tested the software version of the Composite Health Care System at several military medical treatment facilities that are representative of the facility at which the software will be used. "(B) The Secretary has stabilized the software to be used at that facility in order to eliminate all critical system incidents. "(C) The Secretary has properly sized the hardware to be installed at that facility to ensure adequate capacity when the full configuration of the system is installed at that military medical treatment facility. "(D) The installation of the system at that facility will not adversely affect contractor capabilities for continuing the operational test and evaluation phase of the system at the military medical treatment facilities involved in that phase. "(3) The limitetion contained in paragraph (1) shall apply until the awarding of a contract for full production of a medical information system for use in all militery medical treatment facilities.".
SEC. 718. UNIFORMED SERVICES TREATMENT FACILITIES (a) DELAY OF TERMINATION EFFECTIVE DATE.Subsection (e) of
section 1252 of the Department of Defense Authorization Act, 1984 (42 U.S.C. 248d), is amended by striking out "1990" and inserting in lieu thereof "1993".
(b) LIMITATION ON EXPENDITURES.Such section is further
42 use 248c.
amended (1) by redesignating subsection (f) as subsection (g); and
104 STAT. 1587
(2) by inserting after subsection (e) the following new subsection: "(f) LIMITATION ON EXPENDITURES.The total amount of expendi- 42 use 248d. tures to carry out this section and section 911 of the Military Construction Authorization Act, 1982 (42 U.S.C. 248c), may not exceed $154,000,000 for fiscal year 1991.".
(c) MANAGED-CARE DELIVERY AND REIMBURSEMENT MODEL.Not
later than September 30, 1991, the Secretary of Defense shall complete negotiations with the Uniformed Services Treatment Facilities and begin implementation of a managed-care delivery and reimbursement model that will continue to utilize the Uniformed Services Treatment Facilities in the military health care delivery system. TITLE VIIIACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
PART AACQUISITION MANAGEMENT IMPROVEMENT SEC. 800. ADVISORY PANEL ON STREAMLINING AND CODIFYING ACQUISI- 10 USC 2301 TION LAWS ^^^-
(a) ESTABUSHMENT.Not later than January 15, 1991, the Under Secretary of Defense for Acquisition shall establish under the sponsorship of the Defense Systems Management College an advisory panel on streamlining and codifjdng acquisition laws. (b) MEMBERSHIP.The panel shall be composed of at least nine individuals who are recognized experts in acquisition laws and procurement policy. In making appointments to the advisory panel, the Under Secretary shall ensure that the members of the panel reflect diverse experiences in the public and private sectors. (c) DUTIES.The panel shall (1) review the acquisition laws applicable to the Department of Defense with a view toward streamlining the defense acquisition process; (2) make any recommendations for the repeal or amendment of such laws that the panel considers necessary, as a result of such review, to (A) eliminate any such laws that are unnecessary for the establishment and administration of buyer and seller relationships in procurement; (B) ensure the continuing financial and ethical integrity of defense procurement programs; and (C) protect the best interests of the Department of Defense; and (3) prepare a proposed code of relevant acquisition laws. (d) REPORT.(1) Not later than December 15, 1992, the advisory panel shall transmit a final report on the actions of the panel to the Under Secretary of Defense for Acquisition. (2) The final report shall contain a detailed statement of the findings and conclusions of the panel, the proposed codification of acquisition laws prepared pursuant to subsection (c), and such additional recommendations for such legislation as the Panel considers appropriate. (3) The Secretary of Defense shall transmit the final report of the Under Secretary of Defense for Acquisition, together with such
104 STAT. 1588
comments as he deems appropriate, to the congressional defense committees not later than January 15,1993.
SEC. 801. AUTHORITY GOVERNING OPERATION OF WORKING-CAPITAL FUNDED ACTIVITIES
Section 2208(i) of title 10, United States Code, is amended (1) by redesignating paragraph (3) as paragraph (2); and (2) by striking out paragraphs (1) and (2) and inserting in lieu thereof the following new paragraph: "(1) Regulations under subsection (h) shall authorize a workingcapital funded Army industrial facility (including a Department of the Army arsenal) that manufactures large caliber cannons, gun mounts, recoil mechanisms, ammunition, munitions, or components thereof to sell manufactured articles or services to a person outside the Department of Defense if "(A) in the case of an article, the article is sold to a United States manufacturer, assembler, developer, or other concern "(i) for use in developing new products; "(ii) for incorporation into items to be sold to, or to be used in a contract with, an agency of the United States; "(iii) for incorporation into items to be sold to, or to be used in a contract with, or to be used for purposes of soliciting a contract with, a friendly foreign government; or "(iv) for use in commercial products; "(B) in the case of an article, the purchaser is determined by the Department of Defense to be qualified to carry out the proposed work involving the article to be purchased; "(C) the article or service is not readily available to the purchaser from a commercial source in the United States in a timely manner that meets the requirements of the purchaser; "(D) the sale is to be made on a basis that does not interfere with performance of work by the facility for the Department of Defense or for a contractor of the Department of Defense; and "(E) in the case of services, the services are related to an article authorized to be sold under this subsection and are to be performed in the United States for the purchaser.".
SEC. 802. PROCEDURES FOR CONTRACT SOLICITATION AND EVALUATION
(a) STATEMENT OF SIGNIFICANT FACTORS.(1) Clause (i) of section 2305(aX2XA) of title 10, United States Code, is amended (A) by inserting "(and significant subfactors)" after "significant factors"; and (B) by striking out "(including cost or price)" and inserting in lieu thereof the following: "(including cost or price, cost- or price-related factors, and noncost- or nonprice-related factors)". (2) Clause (ii) of such section is amended by inserting "(and subfactors)" after "those factors". (b) STATEMENT RELATING TO DISCUSSIONS.Subclause (I) of section 2305(aX2XBXii) of title 10, United States Code, is amended to read as follows: "(I) a statement that the proposals are intended to be evaluated with, and award made after, discussions with the offerors, or a statement that the proposals are intended to be evaluated, and award made, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification), unless discussions are determined to be necessary; and".
104 STAT. 1589
(c) RELATIVE IMPORTANCE OF EVALUATION FACTORS.Paragraph (3)
of section 2305(a) of title 10, United States Code, is amended by striking out "the quality of the services" and inserting in lieu thereof "the evaluation factors and subfactors, including the quality of the product or services".
(d) EVALUATION OF SEALED BIDS AND COMPETITIVE PROPOSALS.(1)
Paragraph (1) of section 230503) of title 10, United States Code, is amended by inserting "and make an award" after "competitive proposals". (2) Paragraph (3) of such section is amended in the second sentence by inserting "in accordance with pargigraph (1)" after "shall evaluate the bids'. (3) Paragraph (4) of such section is amended (A) in subparagraph (A), by striking out "competitive proposals" and all that follows and inserting in lieu thereof "competitive proposals in accordance with paragraph (1) and may award a contract "(i) after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or "(ii) based on the proposals received, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) provided that the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary."; (B) by striking out subparagraphs (B) ind (C); (C) by redesignating subparagraph (D) as subparagraph (B); and (D) by redesignating subparagraph (E) as subparagraph (C) and in that subparagraph striking out "Subparagraph (D)" and inserting in lieu thereof "Subparagraph (B)". (e) EFFECTIVE DATE.(1) Except as provided in paragraph (2), the amendments made by this section shall apply with respect to solicitations for sealed bids or competitive proposals issued after the end of the 120-day period beginning on the date of the enactment of this Act. (2) The Secretary of Defense may require the amendments made by this section to apply with respect to solicitations issued before the end of the period referred to in paragraph (1). The Secretary of Defense shall publish in the Federal Register notice of any such earlier effective date.
SEC. 803. CERTIFIED COST OR PRICING DATA THRESHOLD (a) INCREASE IN THRESHOLD FOR CERTIFIED COST OR PRICING
10 USC 2305 ^^-
Federal ^yfji^^f' ^"
DATA.(1) Section 2306a(aXl) of title 10, United States Code, is amended as follows: (A) Subparagraph (A) of such section is amended by striking out "$100,000 and inserting in lieu thereof the following: "$500,000 or, in the case of a contract to be awarded after December 31,1995, $100,000". (B) Subparagraph (B) of such section is amended by striking out "$100,000 and inserting in lieu thereof the following: "$500,000 (or such lesser amount as may be prescribed by the head of the agency) or, in the case of a change or modification to a contract to be made after December 31, 1995, $100,000".
104 STAT. 1590
PUBLIC LAW 101-510NOV. 5, 1990 (C) Subparagraph (C) of such section is amended by striking out "$100,000' in clause (i) and inserting in lieu thereof the following: "$500,000 or, in the case of a subcontract to be awarded after December 31,1995, $100,000". (D) Subparagraph (D) of such section is amended by striking out "$100,000 and inserting in lieu thereof the following: "$500,000 (or such lesser amount as may be prescribed by the head of the agency) or, in the case of a change or modification to be made after December 31,1995, $100,000". (2) The amendments made by this subsection shall apply to (A) contracts and subcontracts entered into after the date on which the Secretary of Defense issues guidance under subsection (c); ind (B) modifications or changes to such contracts and subcontracts.
(b) R E V I E W BY INSPECTOR GENERAL OF THE DEPARTMENT OF D E -
10 use 2306a '^*-
10 u s e 2306a
"**"
Reports.
FENSE.(1) After the increase in the threshold for submission of cost or pricing data under section 2306a(a) of title 10, United States Code (as amended by subsection (a)) has been in effect for three years, the Inspector General of the Department of Defense shall conduct a review of the effects of the increase in the threshold. (2) The review shall address whether increasing the threshold has improved the acquisition process in terms of reduced paperwork, financial or other savings to the government, an increase in the number of contractors participating in the defense contracting process, and the adequacy of information available to contracting officers in cases in which certified cost or pricing data are not required under section 2306a. (3) The Inspector CJeneral of the Department of Defense shall submit to the Secretary of Defense a report on the review conducted under paragraph (1). The Secretary of Defense shall submit such report to Congress, along with such comments as the Secretary considers appropriate, upon completion of the report (and comments) but not later than the date on which the President submits the budget to Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 1996.
(c) REGULATIONS FOR B E L O W - T H R E S H O L D PROCUREMENTS.(1) T h e
10 u s e 2306a note.
Secretary of Defense shall prescribe regulations identifjdng the t3rpe of procurements for which contracting officers should consider requiring the submission of certified cost or pricing data under section 2306a(c) of title 10, United States Code. (2) The Secretary also shall prescribe regulations concerning the t5rpes of information that offerors must submit for a contracting officer to consider in determining whether the price of a procurement to the Government is fsiir and reasonable when certified cost . or pricing data are not required to be submitted under section 2306a of such title because the price of the procurement to the United States is not expected to exceed $500,000. Such information, at a minimum, shall include appropriate information on the prices at which such offeror has previously sold the same or similar products. (3) The regulations required under this subsection shall be prescribed not later than six months after the date of the enactment of this Act. (d) DOCUMENTATION OF SUBMISSIONS UNDER SECTION 2306a(c). Section 2306a(c) of title 10, United States Code, is amended by adding at the end the following: "In any case in which the head of the agency requires such data to be submitted under this subsection.
104 STAT. 1591
the head of the agency shall document in writmg the reasons for such requirement. *.
SEC. 804. REPEAL OF REQUIREMENTS RELATING TO COMMERCIAL PRICING FOR SPARE OR REPAIR PARTS
(a) REPEAL.Section 2323 of title 10, United States Code, is hereby repealed. Ot>) CLERICAL AMENDMENT.The table of sections for chapter 137 of such title is amended by striking out the item relating to section 2323.
SEC. 805. COMPETITIVE ALTERNATIVE SOURCE REQUIREMENT
Section 2438 of title 10, United States Code, is amended to read as follows: "2438. Migor programs: competitive alternative sources "(aXD Before full-scale development under a major program begins, the Secretary of Defense shall prepare an acquisition strategy for the program. (2) The Secretary shall ensure that contracts for each major Government program and each major subsystem under such major program contracts. are awarded in accordance with the acquisition strategy for such program. "(bXD The acquisition strategy prepared under subsection (aXD shall ensure that the Secretary will have the option to use competitive alternative sources for major programs and for major subsystems under the major programs throughout the period from the beginning of full-scale development through the end of procurement in any case in which the establishment and maintenance of two or more sources "(A) would "(i) likely reduce technological risks associated with the program; "(ii) likely result in reduced costs for such program; or "(iii) likely result in an improvement in design commensurate with the additional cost; "(B) would not result in unacceptable delays in fulfilling the needs of the Department of Defense; and "(C) is otherwise in the national security interests of the United States. "(2) In carrjdng out this subsection, the Secretary may provide that the requirement for competitive alternative sources of a major program or subsystem is satisfied even though the sources for that major program or subsystem do not develop or produce identical systems if the systems developed serve similar functions and compete effectively with each other. "(c) In this section: "(1) The term 'major program' means a major defense acquisition program, as such term is defined in section 2430 of this title. "(2) The term 'major subsystem', with respect to a major program, means a subsystem of the system developed under the program, that is purchased directly by the United States and for which "(A) the amount for research, development, test, and evaluation is 10 percent or more of the amount specified in section 243(X2) of this title as the research, development.
104 STAT. 1592
PUBLIC LAW 1 0 1 - 5 1 0 - N O V . 5, 1990 test, and evaluation funding criterion for identification of a major defense acquisition program; or "(B) the amount for procurement is 10 percent or more of the amount specified in section 2430(2) of this title as the procurement funding criterion for identification of a major defense acquisition program.".
SEC. 806. UNIFORM SMALL PURCHASE THRESHOLD FOR VARIOUS REQUIREMENTS APPLICABLE TO FEDERAL GOVERNMENT CONTRACTORS
41 use 403 note.
(a) SMALL PURCHASE THRESHOLD DEFINED.(1) Section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) is amended (A) by striking out "and" at the end of paragraph (9); (B) by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; and"; and (C) by adding at the end the following new paragraph: "(11) the term 'small purchase threshold' means $25,000, adjusted on October 1 of each year divisible by 5 to the amount equal to $25,000 in constant fiscal year 1990 dollars (rounded to the nearest $1,000).". (2) The first adjustment under section 4(11) of such Act, as amended by paragraph (1), shall be made on October 1, 1995. (b) AMENDMENTS TO TITLE 10.Section 2304(g) of title 10, United States Code, is amended (1) in paragraph (2), by striking out "$25,000" and inserting in lieu thereof "the small purchase threshold"; (2) in paragraph (3), by striking out "$25,()00" and inserting in lieu thereof "the small purchase threshold"; and (3) by adding at the end the following new paragraph: "(5) In this subsection, the term 'small purchase threshold' has the meaning given such term in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).".
(c) AMENDMENTS TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949.Section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253) is amended (1) in paragraph (2), by striking out "$25,000" and inserting in lieu thereof "the small purchase threshold"; (2) in paragraph (3), by striking out "$25,000" and inserting in lieu thereof "the small purchase threshold"; and (3) by adding at the end the following new paragraph: "(5) In this subsection, the term 'small purchase threshold' has the meaning given such term in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).".
(d) ADDITIONAL AMENDMENTS TO THE OFFICE OF FEDERAL PROCURE-
MENT POLICY ACT.Section 18(aXl) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(aXl)) is amended (1) by striking out "$25,000" each place it appears and inserting in lieu thereof "the small purchase threshold"; and (2) in clause (A) (A) by inserting "or" at the end of subclause (i); (B) by striking out "; or" at the end of subclause (ii) and inserting in lieu thereof a comma; and (C) by striking out subclause (iii). (e) AMENDMENTS TO SMALL BUSINESS ACT.The Small Business Act (15 U.S.C. 631 et seq.) is amended as follows:
104 STAT. 1593
(1) Section 3 of such Act is amended by adding at the end the 15 USC 632. following new subsection: "(m) For purposes of this Act, the term 'small purchase threshold' has the meaning given such term in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).". (2) Section 8 of such Act is amended 15 USC 637. (A) in subsection (dX2XA), by striking out "$10,000" and inserting in lieu thereof "the small purchase threshold"; and (B) in subsection (eXD (i) by striking out "$25,000" each place it appears and inserting in lieu thereof "the small purchase threshold"; (ii) by inserting "or" at the end of subclause (i) of clause (A); (iii) by striking out "; or" at the end of subclause (ii) of clause (A) and inserting in lieu thereof a comma; and (iv) by striking out subclause (iii) of clause (A). (3) Section 15(j) of such Act is amended by striking out "of less 15 USC 644. than $25,000" and inserting in lieu thereof "not in excess of the small purchase threshold".
SEC. 807. MEMBERSHIP COUNCIL ON FEDERAL ACQUISITION REGULATORY
Paragraph (2) of section 25(b) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(bX2)) is amended by inserting before the semicolon at the end of clause (A) the following: "or, in the case of the Secretary of Defense, an official at an organizational level not lower than an Assistant Secretary of Defense within the Office of the Under Secretary of Defense for Acquisition".
SEC. 808. PROCEDURES APPLICABLE TO MULTIYEAR PROCUREMENT CONTRACTS
(a) COST DETERMINATIONS.Paragraph (1) of section 2306(h) of
title 10, United States Code, is amended (1) in the matter preceding subparagraph (A), by striking out "(other than contracts described in paragraph (6))"; and (2) in subparagraph (A), by striking out "reduced total costs under the contract' and inserting in lieu thereof "substantial savings of the total anticipated costs of carrying out the program through annual contracts". (b) EXEMPTIONS.Paragraph (6) of such section is amended by striking out "contracts for the construction, alteration, or major repair of improvements to real property or".
(c) REQUIREMENTS WITH RESPECT TO SPECIFICALLY AUTHORIZED
PROGRAMS.Paragraph (9) of such section is amended (1) by inserting "for a defense acquisition program that has been specifically authorized by law to be carried out using miiltiyear contract authority" in the matter preceding subparagraph (A) after "under this subsection"; and (2) by striking out subparagraph (C).
SEC. 809. MAJOR DEFENSE ACQUISITION PILOT PROGRAM 10 USC 2430
(a) AUTHORITY T O CONDUCT PILOT PROGRAM.The Secretary of
Defense may conduct a pilot program for the purpose of determining the potential for increasing the efficiency and effectiveness of the acquisition process in major defense acquisition programs.
104 STAT. 1594

(b)

DESIGNATION OF PARTICIPATING PROGRAMS.(1) Subject to
paragraph (2), the Secretary may designate not more than six major defense acquisition programs for participation in the pilot program. (2) The Secretary may designate for participation in the pilot program only those major defense acquisition programs specifically authorized to be so designated in a law authorizing appropriations for such program enacted after the date of the enactment of this Act. (c) CONDUCT OF PILOT PROGRAM.(1) In the case of each major defense acquisition program designated for participation in the pilot program, the Secretary (A) shall conduct the program in accordance with standard commercial, industrial practices; and (B) may waive or limit the applicability of any provision of law that is specifically authorized to be waived in the law authorizing appropriations referred to in subsection (bX2) and that prescribes (i) procedures for the procurement of supplies or services; (ii) a preference or requirement for acquisition from any source or class of sources; (iii) any requirement related to contractor performance; (iv) any cost allowability, cost accounting, or auditing requirements; or (v) any requirement for the management of, testing to be performed under, evaluation of, or reporting on a major defense acquisition program. (2) The waiver authority provided in paragraph (IXB) does not apply to a provision of law if, as determined by the Secretary (A) a purpose of the provision is to ensure the financial integrity of the conduct of a Federal Government program; or (B) the provision relates to the authority of the Inspector General of the Department of Defense. (d) DESIGNATION AS DEFENSE ENTERPRISE PROGRAM.The Secretary shall designate each participating major defense acquisition program as a defense enterprise program under section 2436 of title 10, United States Code. The Secretary may waive the applicability of the requirement of this subsection or any provision of such section 2436 to any such acquisition program if he determines that such a waiver is necessary for the purpose of the pilot program. (e) REGULATIONS.(1) Not later than 270 days after the date of the enactment of this Act, the Secretary shgill publish proposed regulations to implement this section and an invitation for public comment on the proposed regulations. Not later than one year after such date, the Secretary shall promulgate final regulations to implement this section. (2XA) The Secretary may not waive or limit the applicability of a law to a major defense acquisition progrgma under subsection (cXlXB) unless the Secretary first prescribes regulations specifying the wgiiver or limitation. (B) In the case of a waiver or limitation of the applicability of a requirement imposed by a statute, including a regulation prescribed to implement such statutory requirement, the following procedures shall apply: (i) The Secretary shall publish the proposed waiver or limiting regulations and provide an opportunity for public comment on the proposed regulations for a period of not less than 60 days.
104 STAT. 1595
(ii) If a Federal Government official outside the Department of Defense has the responsibility for implementation of the statute, the Secretary shall consult with such official regarding the proposed waiver or limitation before publishing the proposed waiver or limiting regulations under clause (i). (3) The Secretary may prescribe separate regulations for one or more major defense acquisition programs designated by the Secretary for participation in the pilot program. (f) NOTIFICATION AND IMPLEMENTATION.(1) The Secretary shsdl transmit to the congressional defense committees a written notification of each major defense acquisition program proposed to be designated by the Secretary for participation in the pilot program. (2) If the Secretary proposes to wsdve or limit the applicability of any provision of law to a major defense acquisition program under the pilot program in accordance with this section, the Secretary shall include in the notification regarding that acquisition program (A) the provision of law proposed to be waived or limited; (B) the effects of such provision of law on the acquisition, including specific examples; (C) the actions taken to ensure that the waiver or limitation will not reduce the efficiency, integrity, and effectiveness of the acquisition process used for the major defense acquisition program; and (D) specific budgetary and personnel savings, if any, that will result from the waiver or limitation. (g) LiMH-ATiON ON WAIVER AUTHORITY.The applicability of the following requirements of law may not be weiived or limited under subsection (c)(1)(B) with respect to a major defense acquisition program: (1) The requirements of this section. (2) The requirements contained in any law enacted on or after the date of the enactment of this Act if that law designates such major defense acquisition program as a participant in the pilot program, except to the extent that a waiver of such requirement is specifically authorized for such major defense acquisition program in a law enacted on or after such date. (h) TERMINATION OF AUTHORITY.The authority to waive or limit the applicability of any law under this section may not be exercised after September 30,1992. (i) DEFINITION.In this section the term "major defense acquisition program" shall have the meaning given such term in section 2430 of title 10, United States Code.
SEC. 810. ACQUISITION OF COMMERCIAL PRODUCTS
Section 2325(a) of title 10, United States Code, is Eimended (1) in paragraph (2) by striking out "and"; (2) in paragraph (3) by striking out the period and inserting in lieu thereof a semicolon and "smd"; and (3) by adding at the end thereof the following new paragraph: "(4) prior to developing new specifications, the Department conducts market research to determine whether nondevelopmental items are available or could be modified to meet agency needs.".
104 STAT. 1596

PART BMODIFICATIONS TO EXISTING LAW
SEC. 811. CLARIFICATION OF SMALL BUSINESS CONCERNS COVERED BY SECTION 1207
Section 1207(a) of the Department of Defense Authorization Act, 1987 (Pubhc Law 99-661; 10 U.S.C. 2301 note), is amended by amending paragraph (1) to read as follows: "(1) s m ^ l business concerns, including mass media and advertising firms, owned and controU^ by socially and economically disadvantaged individuals (as such term is used in section 8(d) of the Small Business Act (15 U.S.C. 637(d) and regulations issued under that section), the majority of the earnings of which directly accrue to such individuals;".
SEC. 812. ADDITIONAL PROHIBITION ON CONVICTED INDIVIDUALS (a) ADDITIONAL PROHIBITIONS ON INDIVIDUALS CONVICTED OF FELONIES RELATED TO DEFENSE CONTRACTS.Paragraph (1) of section
2408(a) of title 10, United States Code, is amended (1) by inserting "or any first tier subcontract of a defense contract" before the period at the end of subparagraph (A); (2) by inserting "or any subcontractor awarded a contract directly by a defense contractor" before the period at the end of subparagraph (B); (3) by inserting "or any subcontractor awarded a contract directly by a defense contractor" before the period at the end of subparagraph (C); and (4) by inserting "or first tier subcontract of a defense contract" before the period at the end of subparagraph (D). (b) RELATED CRIMINAL PENALTY.Section 2408(b) of such title is amended by inserting "or subcontractor" after "contractor" each place it appears.
SEC. 813. DISCLOSURE REQUIREMENT RELATING TO SUBCONTRACTORS
Regulations.
Section 2393 of title 10, United States Code, is amended by adding at the end the following new subsection: "(d) The Secretary of Defense shall prescribe in regulations a requirement that each contractor under contract with the Department of Defense shall require each contractor to whom it awards a contract (in this section referred to as a subcontractor) to disclose to the contractor whether the subcontractor is or is not, as of the time of the award of the subcontract, debarred or suspended by the Federal government from Government contracting or subcontracting. The requirement shall apply to any subcontractor whose subcontract is in an amount above the small purchase amount established in section 2304(g) of this title.".
SEC. 814. AUTHORITY TO USE FUNDS FOR ADMINISTRATIVE COSTS OF PROCUREMENT TECHNICAL ASSISTANCE PROGRAM
(a) AUTHORITY.(1) Chapter 142 of title 10, United States Code, is amended (A) by redesignating section 2417 as section 2418; and (B) by inserting after section 2416 the following new section: " 2417. Administrative costs "The Director of the Defense Logistics Agency may use, out of the amount appropriated for a Hscal year for operation and maintenance for the procurement technical assistance program authorized
104 STAT. 1597
by this chapter, an amount not exceeding three percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year.". (2) The table of sections at the beginning of such chapter is amended by striking out the item relating to section 2417 and inserting in lieu thereof the following:
"2417. Administrative costs. "2418. Regulations.".
(b) EFFECTIVE DATE.Section 2417 of title 10, United States Code, 10 u s e 2417 as added by subsection (a), shall apply with respect to fiscal year note. 1991 and each fiscal year thereafter.
SEC. 815. POPT-EMPLOYMENT RULES. (a) SUSPENSION OF EFFECT OF CERTAIN PROVISIONS OF LAW.The
following provisions of law shall have no force or effect during the period beginning on December 1, 1990 and ending on May 31, 1991: (1) Subsection (f) of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)). (2) Sections 2397a and 2397b of title 10, United States Code. (3) Section 281 of title 18, United States Code. (4) Sections 603 through 606, subsections (a) and (b) of section 607, and subsections (a) and (c) of section 608 of the Department of Energy Organization Act (42 U.S.C. 4101 et seq.).
(b) CLARIFICATION OF FREQUENCY OF CERTIFICATION BY EMPLOYEES
41 u s e 423 note. 10 u s e 2397a note, 2397b note. 18 u s e 281 note. 42 u s e 7213 note, 7214 note, 7215 note, 7216 note, 7217 note, 7218 note. 41 u s e 423 note.
OF CONTRACTORS.Not later than 30 days after the date of the enactment of this Act, the regulations implementing section 27(eXlXB) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(e)(lXB)) shall be revised to ensure that a contractor is required to obtain from each officer, employee, agent, representative, and consultant of the contractor only one certification (as described in clauses (i) and (ii) of that section) during the person's emplojnnent or association with the contractor and that such certification shall be made at the earliest possible date after the person begins his or her emplojmient or association with the contractor.
PART CDEFENSE INDUSTRIAL AND TECHNOLOGY BASE SEC. 821. A N N U A L DEFENSE CRITICAL TECHNOLOGIES PLAN (a) INCREASED INFORMATION RELATING TO FUNDING.Section
2508(b) of title 10, United States Code, is amended (1) by striking out "and" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and (3) by inserting at the end the following new paragraphs: "(3) identify each program element (contained in the budget information submitted to Congress by the Department of Defense in support of the budget submitted by the President pursuant to section 1105(a) of title 31 for the first fiscal year covered by the plan) for which funds are budgeted for the support of the development of any critical technology identified in the plan; and "(4) for each such program element "(A) specify the amount included for each critical technolc^y covered by the program element; and "(B) include a comparison of that amount with the amount, if any, available to the Department of Defense for
104 STAT. 1598

10 use 2508
note. 42 u s e 6686.
PUBLIC LAW 101-510NOV. 5, 1990 ^
development of such critical technology for the fiscal year preceding the first fiscal year covered by the plan.". (b) APPUCABILTTY.The amendments made by subsection (a) shall apply to annual defense critical technologies plans submitted after March 1,1991.
SEC. 822. CRITICAL TECHNOLOGIES INSTITUTE
(a) EsTABUSHMENT.There shall be established a federally funded research and development center to be known as the "Critical Technologies Institute" (hereinafter referred to in this section as the "Institute"). Ot)) INCORPORATION.The Institute shall be incorporated as a nonprofit membership corporation. (c) BOARD OF TRUSTEES.(1) The Institute shsill have a Board of Trustees (hereafter referred to in this section as the "Board") composed of 21 members as follows: (A) The Director of the Office of Science and Technology Policy, who shall be Chairman of the Board. (B) The Secretary of Defense, or the Secretary's designee. (C) The Secretary of Energy, or the Secretary's designee. (D) The Secretary of Health and Human Services, or the Secretary's designee. (E) The Secretary of Commerce, or the Secretary's designee. (F) The Administrator of the National Aeronautics and Space Administration, or the Administrator's designee. (G) The Director of the National Science Foundation, or the Director's designee. (H) Four members appointed by the Director of the Office of Science and Technology Policy from among the members of the Federal Coordinating Council on Science, Engineering, and Technology (other than members of such council named in subparagraphs (B) through (G)). (I) Ten members appointed by the members of the Board referred to in subparagraphs (A) through (H) from among representatives of industry and colleges and universities in the United States. (2XA) The term of service of members of the Board appointed under paragraph (IXH) shall be four years, except that of the four members first appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years, one shall be appointed for a term of three years, and one shall be appointed for a term of four years, as specified by the Director of the Office of Science and Technology Policy at the time of the appointments. (B) The term of office for each of the members of the Board appointed under paragraph (IXD shall be specified by the appointing members of the Board at the time of appointment. (C) Members of the Board may be reappointed. (D) A vacancy in a membership of the Board appointed pursuant to subparagraph (H) or (I) of paragraph (1) shall be filled in the same manner as the original appointment. A member appointed under this subparagraph shall serve for the remainder of the unexpired term of his predecessor. (3) The Board shall meet at least twice each year. (4XA) TTie Board shall have an executive committee composed of the members referred to in subparagraphs (A) through (G) of paragraph (1) and six of the members appointed pursuant to subparagraph (I) of such paragraph.
104 STAT. 1599
(B) The executive committee shall meet at least six times each year. (5) A member of the Board who is an officer or employee of the United States may not receive pay for service as a member, other than the pay provided for the member's position as an officer or employee of the United States.
(d) DUTIES OF THE INSTITUTE.The Institute shall
(1) survey the views of United States industry, colleges, and universities, and Federal and State agencies, involved in research, development, or utilization of critical technologies on (A) each critical technology identified in the most recent biennial report of the National Critical Technologies Panel established pursuant to section 601 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6681); and (B) each technology that the Institute considers critical on the basis of its analysis of national and worldwide trends in basic and applied research and development; (2) on the basis of such views and analysis by Institute personnel (A) identify suitable near-term, mid-term, and long-term national objectives for the research, development, and production capability of the United States with respect to such technologies; and (B) prepare possible strategies for achieving the identified objectives, including a discussion of the appropriate roles of industry, colleges and universities, and Federal and State agencies; Reports. (3) publish reports, as appropriate, discussing (A) such national objectives and strategies; and (B) progress in implementing such strategies and achieving such objectives; and (4) at the direction of the Director of the Office of Science and Technology Policy, provide technical support and assistance regarding policy formulation to the committees and panels of the Federal Coordinating Council for Science, Engineering, and Technology that are responsible for planning and coordinating Federal Government activities that advance the development of critical technologies and sustain and strengthen the science and technology base of the United States. (e) SPONSORSHIP.(1) The Director of the Office of Science and Technology shall be the sponsor of the Institute. (2) The Director and the Board shall enter into a sponsor agree- Government ment consistent with the requirements prescribed by the Adminis- contracts. trator for Federal Procurement Policy that are generally applicable to sponsor agreements. (3) The sponsor agreement shall (A) require the Institute to perform such functions for the Office of Science and Technology Policy as the Director of that office may specify consistent with the requirements of subsection (d); and (B) permit the Institute, subject to the concurrence of the Director, to perform functions for the member agencies of the Federal Coordinating Council on Science, Engineering, and Technology Policy. (f) DEADUNE FOR CERTAIN ACTIONS.The Director of the Office of Science and Technology Policy shall take such actions as may be
104 STAT. 1600
necessary to ensure that, not later than 90 days sifter the date of the enactment of this Act (1) the articles of incorporation for the Institute have been appropriately filed; (2) the corporate bylaws have been adopted; (3) the Board members have been identified or appointed, as appropriate; (4) the initial officers of the Institute have been elected; (5) the first regular business meeting of the Board has been conducted; and (6) the sponsor agreement referred to in subsection (e) has been entered into. (g) FUNDING.(1) Subject to such limitations as may be provided in appropriation Acts, the Secretary of Defense shall make available to the Director of the Office of Science and Technology Policy, out of funds available for the Department of Defense, $5,000,000 for funding the activities of the Institute in the first fiscal year in which the Institute begins operations. (2) There is authorized to be appropriated for the Institute for each fiscal year after the fiscal year referred to in paragraph (1) such sums as may be necessary for operation of the Institute.
SEC. 823. MANUFACTURING TECHNOLOGY
(a) IN GENERAL.Title 10, United States Code, is amended (1) by redesignating chapter 149 as chapter 150; (2) by redesignating section 2511 as section 2521; and (3) by inserting after chapter 148 the following new chapter: "CHAPTER 149MANUFACTURING TECHNOLOGY
"Sec. "2511. "2512. "2513. "2514. "2515. "2516. "2517. Definitions. Management and planning. National Defense Manufacturing Technology Plan. Research and implementation. Computer-integrated manufacturing technology. Concurrent engineering. Manufacturing extension programs.
" 2511. Definitions "In this chapter: "(1) The term 'manufacturing technology' means development of techniques and processes designed to improve manufacturing quality, productivity, and practices, including quality control, shop floor management, inventory management and worker training, as well as manufacturing equipment and software. "(2) The term 'manufacturing extension programs' means publicly-chartered organizations and services to transfer technology and help modernize small manufacturers through research, education and training, and outreach activities. " 2512. Management and planning "The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall "(1) provide centralized Department of Defense policy guidance and direction to the military departments and the Defense ^ e n c i e s on all matters relating to manufacturing technology; and
104 STAT. 1601
"(2) direct the development and implementation of Department of Defense plans, programs, projects, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment. " 2513. National Defense Manufacturing Technology Plan "(a) The Secretary of Defense, in coordination with the Secretary of Commerce and the Secretary of Energy, shall develop and implement a National Defense Manufacturing Technology Plan (hereafter in this section referred to as the 'Plan'). Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition shall perform the duty of the Secretary under this subsection. "(b) The Plan shall "(1) provide guidance (formulated in coordination with the Department of Commerce and other relevant public and private organizations) to the military departments and Defense Agencies uid to the Department of Energy on the goals, priorities, and approaches to be taken in the defense manufacturing technology program; "(2) provide a link between the manufacturing technology program and the industrial preparedness programs conducted by the Department of Defense and similar and related activities undertaken by government or the private sector, including programs, projects and activities carried out by the Secretary of Commerce pursuant to section 25 of the Act of March 3,1901 (15 U.S.C. 278k) and section 5121(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 2781 note); "(3) contain an analysis of the role of manufacturing extension services in "(A) improving the manufacturing quality, productivity, technology, and practices of defense industry subtler suppliers; and "(B) disseminating to such suppliers such Department of Defense manufacturing concepts as best manufacturing practices, product data exchsmge specifications, computeraided acquisition and logistics support, and rapid acquisition of manufactured parts; and "(4) contedn a description of how the Secretary of Defense will coordinate with each Federal agency and department in implementing the Plan. "(c) In developing the Plan, the Secretaries referred to in subsection (a) shall consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, the Office of Technology Assessment, the National Research Council, the Defense Science Board, industrial associations and organizations, and other entities. "(d) The manufacturing technology program conducted by the Department of Defense may include only the projects and activities that are covered by the Plan and any projects or activities that, as determined by the Secretary of Defense, have a higher priority than the projects and activities covered by the Plan. " 2514. Research and implementation "The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, and in coordination with the Secretary of Commerce, the Secretary of Energy, and other relevant Federal
104 STAT. 1602
departments and agencies, shall enhance basic research in scientific disciplines relating to manufacturing technology "(1) by promoting research on those technologies applicable to improving manufacturing processes in colleges and universities in the United States, and in associated centers of excellence; and "(2) by creating technology transfer and education and training mechanisms to ensure that the results of this research are readily available to United States industry. " 2515. Computer-integrated manufacturing technology "The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, and in coordination with the Secretary of Commerce and the Secretary of Energy, shall promote the use of computer-integrated manufacturing in order to improve manufacturing quality, reduce manufacturing costs, and reduce production lead times. " 2516. Concurrent engineering "The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall enhance Department of Defense use of concurrent engineering practices in the design and development of weapon systems. " 2517. Manufacturing extension programs "The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, and in coordination with the Secretary of Commerce and the Secretary of Energy, shall promote the improvement of the subtler defense industry through use of manufacturing extension programs and other existing organizations chartered to help small manufacturers for the purpose of disseminating such Department of Defense manufacturing concepts as best manufacturing practices, product data exchange specification, computer-aided acquisition and logistics support, and rapid acquisition of manufactured parts. Manufacturing extension programs so used shall include programs carried out by the Secretary of Commerce pursuant to section 25 of the Act of March 3,1901 (15 U.S.C. 278k) and section 5121(b) of the Omnibus Trade and C!ompetitiveness Act of 1988 (15 U.S.C. 2781 note).". (b) TECHNICAL AMENDMENTS.(1) The table of chapters at the beginning of subtitle A of title 10, United States Code, and the beginning of part IV of such subtitle are each Eunended by striking out the item relating to chapter 149 and inserting in lieu thereof the following new items:
"149. Maufacturing Technology "150. Issue to Armed Forces 2511 2521".
(2) The table of sections at the beginning of chapter 150 of such title, as redesignated by subsection (a) of this section, is amended by striking out the item relating to section 2511 and inserting in lieu thereof the following:
"2521. Reserve components: supplies, services, and facilities.".
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SEC. 824. INDEPENDENT RESEARCH AND DEVELOPMENT ENHANCEMENT

(a) REVISION AND CODIFICATION OF PROVISION RELATING TO ALLOWABILITY OF INDEPENDENT RESEARCH AND DEVELOPMENT COSTS.(1)
Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section: " 2372. Independent research and development "(a) The Secretary of Defense shall prescribe regulations govern- Regulations ing the pajonent, by the Department of Defense, of independent research and development costs or bid and proposal costs. "(b) Payment may be made for independent research and development costs or bid and proposal costs when work for which pa3rment is made is of potential interest to the Department of Defense. "(c) The regulations shall encourage contractors to engage in research and development activities that "(1) strengthen the defense industrial and technology base of the United States; "(2) enhance the industrial competitiveness of the United States; "(3) promote the development of technologies identified as critical under section 2508 of this title; "(4) incresise the development of technologies useful for both the private commercial sector and the public sector; and "(5) develop efficient and effective technologies for achieving such environmental benefits as improved environmental data gathering, environmental cleanup and restoration, pollutionreduction in manufacturing, environmental conservation, and environmentally safe management of facilities. "(dXD Subject to paragraph (3), for each fiscal year following a Government fiscal year in which independent research and development costs or contracts. bid and proposal costs incurred by a person were paid by the Department of Defense in a total amount exceeding $7,000,000, the Secretary of Defense shall enter into an advance agreement with such person regarding the manner and extent to which the Department of Defense may pay independent research and development costs or bid and proposal costs incurred by such person. If such person is a business entity that has a product division that received pa3anents for such costs from the Department of Defense in a total amount exceeding $700,000 during such preceding fiscal year, the Secretary may enter into an advance agreement, regarding pa3nment of the independent research and development costs and bid and proposal costs incurred by such product division. "(2) The agreement shall include the following provisions: "(A) The maximum Eimount of the costs incurred by such person in that fiscal year that the Department may pay. "(B) The costs that are payable under the agreement, which may be only those costs that are incurred in connection with work referred to in subsection (b) or the attainment of benefits described in subsection (c). "(3) If a person referred to in paragraph (1) does not enter into an advance agreement with the Secretary under paragraph (1) for a fiscal year, the pajonent of the independent research and development costs and bid and proposal costs incurred by such person during such fiscal year shall be subject to such limitations as the Secretary of Defense may prescribe in the regulations under subsection (a).
104 STAT. 1604
"(4) On October 1, 1994, and October 1 of each third year thereafter, the Secretary may adjust the amounts in paragraph (1) to reflect cheinges in one or more economic indices that the Secretary considers appropriate for use in making adjustments under this paragraph. "(5) The provisions of this section shall apply only to contracts for which the submission and certification of cost or pricing data are required in accordance with section 2306a of this title.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"2372. Independent research and development.". (b) REPEAL OF SUPERSEDED PROVISION.Section 203 of Public Law
91-441 (10 U.S.C. 2358 note) is repealed.

SEC. 825. ANNUAL REPORT ON ACTIVITIES RELATING TO DEFENSE INDUSTRIAL BASE (a) DEFENSE INDUSTRIAL BASE ANNUAL REPORT.Chapter 148 of
title 10, United States Code, is amended by inserting after section 2508 the following new section: " 2509. Defense industrial base annual report
"(a) ANNUAL REPORT REQUIREMENT.The Secretary of Defense
(acting through the Under Secretary of Defense for Acquisition), in consultation with the Secretary of Commerce (acting through the Under Secretary of C!ommerce for Export Administration), shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on "(1) the actions taken pursuant to this chapter for the improvement of the defense industrial base of the United States; and "(2) the effects of defense budgets and plans on the ability of the United States defense industrial base to meet the national security needs of the United States. "(b) FINANCIAL ABILITY ANALYSIS.The report required by this section shall include an analysis of the condition of the defense industrial base of the United States, particularly with respect to the financial ability of United States businesses "(1) to conduct research and development activities relating to critical defense technologies, including the critical technologies identified in the annual defense critical technologies plan submitted pursuant to section 2508 of this title in the year in which the annual report is submitted; "(2) to apply those technologies to the production of goods and the furnishing of services; "(3) to maintain a viable production base in critical areas of defense production and technology at the procurement levels for which funds are available to the Department of Defense and at planned Department of Defense procurement levels; "(4) to expand the defense production base to respond to rapid increases in the demand for defense production and critical defense technologies; "(5) to maintain a viable defense production base in each critical area of defense production and technology in which terminations of major Department of Defense procurement programs or reductions in planned Department of Defense procurement
104 STAT. 1605
"(A) have taken place in the year before the year in which the report is submitted; or "(B) are provided for "(i) in the budget submitted pursuant to section 1105(a) of title 31 in the year in which the annual report is submitted; and "(ii) in the five-year defense program submitted with such budget pursuant to section 114a of this title; and "(6) to engage in any other activities determined by the Secretary to be critical to the national security. "(c) ANALYSIS CONSIDERATIONS.In the preparation of the analysis required in subsection (b), the following factors shall be considered: "(1) Trends in the profitability, levels of capital investment, spending on research and development, and debt burden of businesses involved in research on, development of, and application of critical defense technologies. "(2) The consequences of mergers, acquisitions, and takeovers of such businesses. "(3) The consequences of terminations of major programs and reductions in levels of military procurements in the fiscal year in which the report is submitted and planned military procurement. "(4) The effects of levels of concurrency in acquisition program strategies, levels of facilitization required by the Secretary of defense contractors, competition requirements, and efforts of the Department of Defense to expand the use of commercial technology and equipment. "(5) The effects of dependence on foreign or foreign-owned suppliers. "(6) The results of Department of Defense spending for critical defense technologies for the fiscal year in which the report is submitted. "(7) The likely future level of Department of Defense spending for such technologies during the four fiscal years following the fiscal year in which the report is submitted and the likely results of that level of spending. "(d) ANNUAL REPORT DATE.The report under this section shall be submitted not later than March 15 of each year.". O> TABLE OF SECTIONS.The table of sections at the beginning of t) such chapter is amended by adding at the end the following new item:
"2509. Defense industrial base annual report.".
SEC. 826. DEFENSE INDUSTRIAL BASE FOR TEXTILE AND APPAREL PRODUCTS
(a) MONITORING AND FIVE-YEAR ANNUAL REPORT REQUIREMENT.
(1) Chapter 148 of title 10, United States Code (as unended by section 825(a)), is further amended by adding at the end the following new section: "2510. Defense industrial base for textile and apparel products
"(a) CAPABILITY OF DOMESTIC TEXTILE AND APPAREL INDUSTRIAL
BASE.The Secretary of Defense shall monitor the capability of the domestic textile and apparel industrial base to support defense mobilization requirements.
104 STAT. 1606
"(b) ANNUAL REPORT.The Secretary shall submit to Congress not later than April 1 of each of the five years beginning with 1991 a report on the status of such industrial base. Each such report shall include the following: "(1) An identification of textile and apparel mobilization requirements of the Department of Defense that cannot be satisfied on a timely basis by the domestic industries. "(2) An assessment of the effect any inadequacy in the textile and apparel industried base would have on a defense mobilization. "(3) Recommendations for ways to alleviate any inadequacy in such industrial base that the Secretary considers critical to defense mobilization requirements.". (2) The table of sections at the beginning of such chapter (as amended by section 825(b)) is further amended by adding at the end the following new item:
"2510. Defense industrial base for textile and apparel products.".
10 use 113 note.
(b) CONFORMING AMENDMENT.Section 1456 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 762), is repealed.
SEC. 827. USE OF PARTNERSHIP INTERMEDIARIES
(a) PARTNERSHIP INTERMEDIARIES.The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following new section:
15 u s e 3715. "SEC. 21. USE OF PARTNERSHIP INTERMEDIARIES.
"(a) AUTHORITY.Subject to the approval of the Secretary or head of the affected department or agency, the Director of a Federal laboratory, or in the case of a federally funded research and development center, the Federal employee who is the contract officer, may "(1) enter into a contract or memorandum of understanding with a partnership intermediary that provides for the partnership intermediary to perform services for the Federal laboratory that increase the likelihood of success in the conduct of cooperative or joint activities of such Federal laboratory with small business firms; and "(2) pay the Federal costs of such contract or memorandum of understanding out of funds available for the support of the technology transfer function pursuant to section 11(b) of this Act. "(b) PARTNERSHIP PROGRESS REPORTS.The Secretary shall include in each triennial report required under section 6(d) of this Act a discussion and evaluation of the activities carried out pursuant to this section during the period covered by the report. "(c) DEFINITION.For purposes of this section, the term 'partnership intermediary' means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with small business firms that need or can make demonstrably productive use of technologyrelated assistance from a Federal laboratory, including State programs receiving funds under cooperative agreements entered into
104 STAT. 1607
under section 51210t>) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 2781 note).". (b) MODEL PROGRAM.(1) In the administration of applicable 15 use 3705 provisions of the Stevenson-Wydler Technology Innovation Act of ^^1980 or section 5121(b) of the Omnibus Trade and Competitiveness Act of 1988, the Secretary of (Commerce shall develop, in consultation with the Secretary of Defense and the Secretmy of Energy, model programs for national defense laboratories. (2) Model programs under this subsection shall involve Federal Small laboratories, small businesses, and partnership intermediaries. The businesses. Interpurpose of the model programs is to demonstrate successful relation- governmental ships between the Federal Grovemment, State and local govern- relations. ments, and small businesses which encourage economic growth through the commercial application of technology resulting from federally funded research. (3) In this subsection, the term "national defense laboratory" means any laboratory, federally funded research and development center (FFRDC), or other center established under section 6 or 8 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3705, 3707) that is owned by the Federal Government, whether operated by the Federal Government or by a contractor, and (A) is under the jurisdiction of the Secretary of Defense; or (B) is under the jurisdiction of the Secretary of Energy, but only if the primary function of the laboratory, FFRDC, or other center under the Secretary's jurisdiction is to support the national defense activities of the Department of Defense or the Department of Energy.
SEC. 828. TECHNOLOGY TRANSFER CONTRACT PROVISIONS (a) PROVISIONS T O B E INCLUDED.Section 3133(d) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1675) is amended 15 u s e 3710a (1) in paragraph (1), by inserting after "to the extent not note. already included the following: "and subject to paragraph (6)"; and (2) by adding at the end the following new paragraph: "(6) C!ontract provisions referred to in paragraph (1) shall include only such provisions as are necessary to carry out paragraphs (1) and (2) of this subsection.". (b) EFFECTIVE DATE.Paragraph (6) of 3133(d) of such Act, as 15 u s e 3710a added by subsection (a), shall apply only to contracts entered into note. after the date of enactment of this Act.
PART DMISCELLANEOUS
SEC. 831. MENTOR-PROTEGE PILOT PROGRAM (a) EsTABUSHMENT OF PiLOT PROGRAM.The Secretary of Defense shall establish a pilot program to be known as the "Mentor-Protege Program". (b) PURPOSE.The purpose of the progremi is to provide incentives for major Department of Defense contractors to furnish disadvantaged small business concerns with assistance designed to enhance the capabilities of disadvantaged small business concerns to perform as subcontractors and suppliers under Department of Defense contracts and other contracts and subcontracts in order to increase the participation of such business concerns as subcontractors and
note.
10 use 2301
Small businesses.
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suppliers under Department of Defense contracts, other Federal Grovernment contracts, and commercial contracts.
(c) PROGRAM PARTICIPANTS.(1) A business concern meeting the
eligibility requirements set out in subsection (d) may enter into agreements under subsection (e) and furnish assistance to disadvantaged small business concerns upon making application to the Secretary of Defense and being approved for participation in the pilot program by the Secretary. A business concern participating in the pilot program pursuant to such an approval shall be known, for the purposes of the program, as a "mentor firm". (2) Disadvantaged small business concerns eligible for the award of Federal contracts may obtain assistance from one or more mentor firms upon entering into an agreement with the mentor firm or firms as provided in subsection (e). A disadvantaged small business concern receiving such assistance shall be known, for the purposes of the program, as a "protege firm". (3) In entering into an agreement pursuant to subsection (e), a mentor firm may rely in good faith on a written representation of a business concern that such business concern is a disadvantaged small business concern. The Small Business Administration shall determine the status of such business concern as a disadvantaged small business concern in the event of a protest regarding the status of such business concern. If at any time the business concern is determined by the Small Business Administration not to be a disadvantaged small business concern, assistance furnished such business concern by the mentor firm after the date of the determination may not be considered assistance furnished under the program. (d) MENTOR FIRM EUGIBIUTY.Subject to subsection (c)(1), a mentor firm eligible for award of Federal contracts may enter into an Eigreement with one or more protege firms under subsection (e) and provide sissistance under the program pursugmt to that agreement if (1) during the fiscal year preceding the fiscal year in which the mentor firm enters into the agreement, the total amount of the Department of Defense contracts awarded such mentor firm and the subcontracts awarded such mentor firm under Department of Defense contracts was equal to or greater than $100,000,000; or (2) the mentor firm demonstrates the capability to assist in the development of protege firms, and is approved by the Secretary of Defense pursuant to criteria specified in the regulations prescribed pursuant to subsection (k). (e) MENTOR-PROTEGE AGREEMENT.Before providing assistance to a protege firm under the program, a mentor firm shall enter into a mentor-protege agreement with the protege firm regarding the assistance to be provided by the mentor firm. The agreement shall include the following: (1) A developmental program for the protege firm, in such detail as may be reasonable, including (A) factors to assess the protege firm's developmental progress under the program, and (B) the anticipated number and type of subcontracts to be awarded the protege firm. (2) A program participation term, which shall not exceed five years and may be renewed upon its expiration for an additional term of not to exceed four years.
104 STAT. 1609
(3) Procedures for the mentor firm or protege firm to terminate the agreement voluntarily and for the mentor firm to terminate the agreement for cause. (f) FORMS OF ASSISTANCE.A mentor firm may provide a protege firm the following: (1) Assistance, by using mentor firm personnel, in (A) general business management, including organizational management, financial management, and personnel management, marketing, business development, and overall business planning; (B) engineering and technical matters such as production, inventory control, and quality Eissurance; and (C) any other assistance designed to develop the capabilities of the protege firm under the developmental program referred to in subsection (e). (2) Award of subcontracts on a noncompetitive basis to the protege firm under the Department of Defense or other contracts. (3) Payment of progress pajonents for performance of the protege firm under such a subcontract in amounts as provided for in the subcontract, but in no event may any such progress payment exceed 100 percent of the costs incurred by the protege firm for the performance. (4) Advance pa5ntnents under such subcontracts. (5) Loans. (6) Cash in exchange for an ownership interest in the protege firm, not to exceed 10 percent of the total ownership interest. (7) Assistance obtained by the mentor firm for the protege firm from one or more of the following (A) small business development centers established pursuant to section 21 of the Small Business Act (15 U.S.C. 648); (B) entities providing procurement technical assistance pursuant to chapter 142 of title 10, United States Code; or (C) a historically Black college or university or a minority institution of higher education.
(g) INCENTIVES FOR MENTOR FIRMS.(1) The Secretary of Defense
shall provide to a mentor firm reimbursement for the total amount of any progress pajmient or advance payment made under the program by the mentor firm to a protege firm in connection with a Department of Defense contract awarded the mentor firm. (2) The Secretary of Defense shall provide to a mentor firm reimbursement for the costs of the assistance furnished to a protege firm pursuant to paragraphs (1) and (7) of subsection (f). The Sec- Government retary shall ensure that provision for payment of reimbursements contracts. under this paragraph is made in a Department of Defense contract awarded to the mentor firm to provide products or services or in another contract entered into between the Secretary and the mentor firm providing for the reimbursement of costs incurred under the program. Any such contract shall specify the maximum amount of any reimbursement to be made under that contract. The Secretary and the mentor firm may provide in such contract for the allocation of the costs to any Department of Defense cost-reimbursement contracts awarded the mentor firm. (3XA) Costs incurred by a mentor firm in providing assistance to a Credit. protege firm that are not reimbursed pursuant to paragraph (2) may be recognized as credit in lieu of subcontract awards for purposes of
39-194 O - 91 - 9 : QL 3 Part 3
104 STAT. 1610
determining whether the mentor firm attains a subcontracting participation goal appUcable to such mentor firm under a Department of Defense contract or under a divisional or company-wide subcontracting plan negotiated with the Department of Defense or another Executive agency. (B) The amount of the credit given a mentor firm for any such unreimbursed costs shall be equal to (i) four times the total amount of such costs attributable to assistance provided by entities described in subsection (fX7); (ii) three times the total amount of such costs attributable to assistance furnished by the mentor firm's employees; and (iii) two times the total amount of any other such costs. (C) Under regulations prescribed pursuant to subsection (k), the Secretary of Defense shall adjust the amount of credit given a mentor firm pursuant to subparagraphs (A) and (B) if the Secretary determines that the firm's performance regarding the award of subcontracts to disadvantaged small business concerns has declined without justifiable cause. (4) A mentor firm shall receive credit toward the attainment of a subcontracting participation goal applicable to such mentor firm for each subcontract for a product or service awarded under such contract by a mentor firm to a business concern that, except for its size, would be a small business concern owned and controlled by socially and economically disadvantaged individuals, but only if (A) the size of such business concern is not more than two times the maximum size specified by the Administrator of the Small Business Administration for purposes of determining whether a business concern furnishing such product or service is a small business concern; and (B) the business concern formerly had a mentor-protege agreement with such mentor firm that was not terminated for cause. (h) NoNAFFiLiATiON TREATMENT.For purposos of the Small Business Act, a protege firm may not be considered an affiliate of a mentor firm solely on the basis that the protege firm is receiving assistance referred to in subsection (f) from such mentor firm under the program.
(i) PARTICIPATION IN MENTOR-PROTEGE PROGRAM NOT TO B E A CONDITION FOR AWARD OF A CONTRACT OR SUBCONTRACT.A mentor
firm may not require a business concern to enter into an agreement with the mentor firm pursuant to subsection (e) as a condition for being awarded a contract by the mentor firm, including a subcontract under a contract awarded to the mentor firm.
(j) DURATION OF PILOT PROGRAM.(1) Business concerns eligible to
participate in the program may enter into mentor-protege agreements pursuant to subsection (e) during the period commencing on October 1,1991, and ending on September 30,1994. (2) A mentor firm may not incur costs furnishing developmental assistance to a protege firm that are eligible for reimbursement pursuant to subsection (g) prior to October 1, 1991, or after September 30,1996. (3) A mentor firm may receive credit toward the attainment of such firm's goals for subcontract awards to disadvantaged small business concerns for unreimbursed costs incurred in providing developmental assistance to the firm's protege firms, pursuant to subsection (gX3), for the period beginning October 1, 1991, and ending September 30,1999.
104 STAT. 1611
(k) REGULATIONS.The Secretary of Defense shall prescribe regulations to carry out the pilot Mentor-Protege Program. Such regulations shall include the requirements set forth in section 8(d) of the Small Business Act (15 U.S.C. 673(d)). The Secretary shall publish the proposed regulations not later than the date 180 days after the date of the enactment of this Act. The Secretary shall promulgate the final regulations not later than the date 270 days after the date of the enactment of this Act.
G) GENERAL ACCOUNTING OFFICE ASSESSMENT.(1) The General
Accounting Office shsdl evaluate the implementation of the MentorProtege Program established pursuant to subsection (a) to determine whether the purposes of the program, as stated in subsection (b), have been attained. (2) A report of the evaluation conducted by the General Accounting Office pursuant to subsection (a) shall be furnished to the Committees on Armed Services and Small Business of the Senate and House of Representatives by February 1,1994. Such report shall cover the period October 1, 1991, through September 30, 1993. Recommendations shall be included regarding reauthorization of the program, and extending its application on a Government-wide basis. (3) An interim report shall be furnished to the Committees on Reports. Armed Services of the Senate and House of Representatives by March 30,1992. The interim report shall (A) evaluate the regulatory implementation of the program by the Department of Defense; (B) assess initial participation by firms eligible to be mentor firms or protege firms; (C) identify deficiencies, if any, in the statutory or regulatory framework of the program likely to impair the success of the program; and (D) make recommendations to correct any implementational impediments identified. (m) DEFINITIONS.In this section: (1) The term "small business concern" means a business concern that meets the requirements of section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the regulations promulgated pursuant thereto. (2) The term "disadvantaged small business concern" means a small business concern owned and controlled by socially and economically disadvantaged individuals. (3) The term "small business concern owned and controlled by socially and economically disadvantaged individuals" has the meaning given such term in section 8(d)(3XC) of the Small Business Act (15 U.S.C. 637(dX3)(C)). (4) The term "historically Black college and university" means iny of the historically Black colleges and universities referred to in section 1207(aX2) of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note). (5) The term "minority institution of higher education" means an institution of higher education with a student body that reflects the composition specified in section 312(b)(3), (4), and (5) of the Higher Education Act of 1965 (20 U.S.C. 105803) (3), (4), and (5)). (6) The term "subcontracting participation goal", with respect to a Department of Defense contract, means a goal for the extent of the participation by disadvantaged small business
104 STAT. 1612
PUBLIC LAW 101-510NOV. 5, 1990 concerns in the subcontracts awarded under such contract, as established pursuant to section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) and section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
SEC. 832. ENHANCING PARTICIPATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS IN DEFENSE RESEARCH
Government contracts. Minority businesses.
Section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) is amended (1) in subsection (a) (A) by inserting "(1)" before "Except"; and (B) by redesignating clauses (1), (2), ind (3) as clauses (A), (B), and (C), respectively; (2) by adding at the end the following new paragraph: "(2) The Secretary of Defense shall establish a specific goal within the overall 5 percent goal for the award of prime contracts and subcontracts to historically Black colleges and universities and minority institutions in order to increase the participation of such colleges and universities in the program provided for by this section. ; and (3) by striking out subsection (c) uid inserting in lieu thereof the following new subsection (c): "(c) TYPES OF ASSISTANCE.(1) To attain the goal specified in subsection (aXD, the Secretary of Defense shall provide technical assistance to the entities referred to in that subsection and, in the case of historicEdly Black colleges and universities and minority institutions, shall also provide infrastructure assistance. "(2) Technical assistance provided under this section shall include information about the program, advice about Department of Defense procurement procedures, instruction in preparation of proposals, and other such assistance as the Secretary considers appropriate. If the resources of the Department of Defense are inadequate to provide such assistance, the Secretary may enter into contracts with minority private sector entities with experience and expertise in the design, development, and delivery of technical assistance services to eligible individuals, business firms and institutions, defense acquisition agencies, and defense prime contractors. Department of Defense contracts with such entities shall be awarded annually, based upon, among other things, the number of minority small business concerns, historically Black colleges and universities, and minority institutions that each such entity brings into the program. "(3) Infrastructure sissistance provided under this section to historically Black colleges and universities and to minority institutions may include programs to: "(A) establish and enhance undergraduate, graduate, and doctoral programs in scientific disciplines critical to the national security functions of the Department of Defense; "(B) make Department of Defense personnel available to advise and assist faculty at such colleges and universities in the performance of defense research and in scientific disciplines critical to the national security functions of the Department of Defense; "(C) establish partnerships between defense laboratories and historically Black colleges and universities and minority institutions for the purpose of training students in scientific disciplines
104 STAT. 1613
critical to the national security functions of the Department of Defense; "(D) award scholarships, fellowships, and the establishment of cooperative work-education programs in scientific disciplines critical to the national security functions of the Department of Defense; "(E) attract and retain faculty involved in scientific disciplines critical to the national security functions of the Department of Defense; "(F) equip and renovate laboratories for the performance of defense research; "(G) expand and equip Reserve Officer Training Corps activities devoted to scientific disciplines critical to the national security functions of the Department of Defense; and "(H) provide other assistance as the Secretary determines appropriate to strengthen scientific disciplines critical to the national security functions of the Department of Defense or the college infrastructure to support the performance of defense research. "(4) The Secretary shall, to the maximum extent practical, carry out programs under this section at colleges, universities, and institutions that agree to bear a substantial portion of the cost associated with the programs.".
SEC. 833. EQUAL EMPLOYMENT OPPORTUNITIES RELATING TO AN ARMY CONTRACT
(a) LIMITATION.Funds appropriated for procurement of aircreift for the Army for fiscal year 1991 may not be obligated for the procurement of C-23 Sherpa aircraft unless the Secretary of the Army secures a commitment from the contractor that it will support equal emplojrment opportunities in its emplo3mient practices for all individuals irrespective of race, color, religion, sex, or national origin. (b) REPORT.The Secretary of the Army shall require any contractor under contract with the Army for procurement of C-23 Sherpa aircraft to submit to the Secretary, not later than April 1, 1991, a report on the contractor's compliance with the commitment regarding recruitment and subcontracting agreements secured by the Secretary under subsection (a).
SEC. 834. EVALUATION OF CONTRACTS FOR PROFESSIONAL AND TECHNICAL SERVICES
(a) IN GENERAL.(1) Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: "2331. Contracts for professional and technical services "(a) IN GENERAL.The Secretary of Defense shall prescribe regu- Regulations. lations to ensure, to the maximum extent practicable, that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services provided.
"(b) CONTENT OF REGULATIONS.With respect to contracts to ac-
quire services on the basis of the number of hours of services provided, the regulations described in subsection (a) shall "(1) include standards and approval procedures to minimize the use of such contracts;
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PUBLIC LAW 101-510NOV. 5, 1990 "(2) establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime; "(3) ensure appropriate emphasis on technical and quality factors in the source selection process; "(4) require identification of any hours in excess of 40-hour weeks included in a proposal; "(5) ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and "(6) provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract.
"(c) WAIVER OF TASK ORDER LIMITATION.(1) The Secretary of
Defense may waive the limitation in section 2304(jX4) of this title on the total value of task orders on a case-by-case basis for specific contracting activities to the extent the Secretary considers necessary the use of master agreements in order to further the policy set forth in subsection (a) of this section. "(2) During any fiscal year, such a waiver may not increase the total value of task orders under master agreements of a contracting activity by more than 20 percent of the value of all contracts for advisory and assistance services awarded by that contracting activity during fiscal year 1989. "(3) Such a waiver shall not become effective until 60 days after ^he Secretary of Defense has published notice thereof in the Federal Register.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2330 the following new item:
"2331. Contracts for professional and technical services.".
10 u s e 2331 "*
(b) REGULATIONS.Not l a t e r t h a n 180 days after t h e d a t e of t h e enactment of this Act, the Secretary of Defense shall publish for public comment new regulations to carry out the requirements in this section. The Secretary shall promulgate final regulations to carry out such requirements not later than 270 days after the date of the enactment of this Act.
SEC. 835. REQUIREMENT TO USE DOMESTICALLY MANUFACTURED CARBONYL IRON POWDERS
(a) LIMITATION.Section 2507 of title 10, United States C!ode, is amended by adding at the end the following new subsection: "(e) CARBONYL IRON POWDERS.(1) The Secretary of Defense shall require that only domestically manufactured carbonyl iron powders may be used in a system or item procured by or provided to the Department of Defense. "(2) The Secretary of Defense may waive the restriction required by paragraph (1) if the Secretary certifies that such a restriction is not in the national interest. "(3) After September 30, 1994, the Secretary may terminate the restriction required under paragraph (1) if the Secretary determines that continuing the restriction is not in the national interest. "(4) In this subsection:
104 STAT. 1615
"(A) The term 'domestically manufactured' means manufactured in a facility located in the United States or Canada by an entity more than 50 percent of which is owned or controlled by citizens of the United States or Canada. "(B) The term 'carbonyl iron powders' means powders or particles produced from the thermal decomposition of iron penta carbonyl.". Qo) EFFECTIVE DATE.Section 2507(e) of title 10, United States 10 u s e 2507 (Uode, as added by subsection (a), shall apply with respect to systems note. or items procured by or provided to the Department of Defense after the date of the enactment of this Act.
SEC. 836. REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF FRAUD
(a) I N GENERAL.Section 2307 of title 10, United States Code, is amended by adding at the end the following new subsection: "(f)(1) In any case in which the remedy coordination official of an agency finds that there is substantial evidence that the request of a contractor for advance, partial, or progress pa3maent under a contract awarded by that agency is based on fraud, the remedy coordination official shsdl recommend that the head of the agency reduce or suspend further payments to such contractor. "(2) The head of an agency receiving a recommendation under paragraph (1) in the case of a contractor's request for pajonent under a contract shall determine whether there is substantial evidence that the request is based on fraud. Upon making such a determination, the gigency head may reduce or suspend further pavments to the contractor under such contract. (3) The extent of any reduction or suspension of payments by the head of an agency under paragraph (2) on the basis of fraud shall be reasonably commensurate with the anticipated loss to the United States resulting from the fraud. "(4) A written justification for each decision of the head of an agency whether to reduce or suspend payments under paragraph (2) and for each recommendation received by such agency head in connection with such decision shall be prepared and be retained in the files of such agency. "(5) The head of an agency shall prescribe procedures to ensure that, before such agency head decides to reduce or suspend payments in the case of a contractor under paragraph (2), the contractor is afforded notice of the proposed reduction or suspension and an opportunity to submit matters to the head of the agency in response to such proposed reduction or suspension. "(6) Not later than 180 days after the date on which the head of an agency reduces or suspends pajnnents to a contractor under paragraph (2), the remedy coordination official of such agency shall "(A) review the determination of fraud on which the reduction or suspension is based; and "(B) treinsmit a recommendation to the head of such agency whether the suspension or reduction should continue. "(7) The head of an agency shall prepare for each year a report containing the recommendations made by the remedy coordination official of that agency to reduce or suspend payments under paragraph (2), the actions taken on the recommendations and the reasons for such actions, and an assessment of the effects of such actions on the Federal Government. The Secretary of each military department shall transmit the annual report of such department to
Reports.
104 STAT. 1616
10 use 2307 note.
the Secretary of Defense. Each such report shall be available to any member of Congress upon request. "(8) This subsection applies to the agencies named in paragraphs (1), (2), (3), and (4) of section 2303(a) of this title. "(9) The head of an agency may not delegate responsibilities under this subsection to any person in a position below level IV of the Executive Schedule. "(10) In this subsection, the term 'remedy coordination official', with respect to an agency, means the person or entity in that agency who coordinates within that agency the administration of criminal, civil, administrative, and contractual remedies resulting from investigations of fraud or corruption related to procurement activities.". (b) INFORMATION FROM CONTRACTOR.Subsection (eXD of such section is amended by adding at the end the following new sentence: "The contractor shall provide such information and evidence as the Secretary of Defense determines necessary to permit the Secretary to carry out the preceding sentence.". (c) EFFECTIVE DATE.Section 2307(f) of title 10, United States Code, and the second sentence of section 2307(eXl) of such title, as added by subsections (a) and (b), shall apply with respect to contracts entered into after the expiration of the 180-day period beginning on the date of the enactment of this Act.
SEC. 837. DEFENSE CONTRACTOR REQUIREMENTS WITH RESPECT TO EMPLOYEES WHO COMMUNICATE WITH GOVERNMENT OFFICIALS
(a) DEFENSE (DONTRACTOR REQUIREMENT.(1) Chapter 141 of title 10, United States Code, is amended by inserting after section 2409 the following new section: " 2409a. Communicating with Government ofHcials: defense contractor requirement to prohibit retaliatory personnel actions "(a) REGULATIONS.(1) The Secretary shall promulgate regulations contedning the requirements described in subsections (b), (c), and (d) and such other provisions as the Secretary considers necessary to administer such requirements. Such regulations shall require that each contract described in paragraph (2) contain a clause requiring the contractor to comply with such regulations. "(2) The regulations shall apply to each contract entered into by a contractor and the Department of Defense for an amount greater than $500,000, except that the regulations shall not apply to any contract in which the price is based solely on established catalog or market prices of commercial items sold in substantial quantities to the genergJ public. "(b) PROHIBITION.The regulations promulgated under this section shall prohibit a defense contractor from discharging or otherwise discriminating against any employee with respect to such employee's compensation or terms and conditions of employment because the employee (or any person acting pursuant to a request of the employee) discloses to an appropriate Government official information concerning a contract between the defense contractor and the Department of Defense which the employee reasonably believes evidences a violation of any Federal law or regulation relating to Department of Defense procurement or the subject matter of the contract.
104 STAT. 1617
"(c) COMPLAINT AND INVESTIGATION.The regulations promulgated under this section shall include the following provisions: "(1) Any employee of a defense contractor who believes that he or she has been discharged or otherwise discriminated against by the defense contractor in violation of regulations promulgated under subsection (b) may file with the Secretary a complaint alleging such discharge or discrimination. Any such complaint may not be filed more than 180 days after the later of the date on which the violation is alleged to have occurred or was discovered. "(2) A complaint filed under paragraph (1) must contain a certification, signed by the complainant, which states specifically the nature of the alleged discriminatory act and of the disclosure giving rise to such act. The certification must also contain one of the following statements: "(A) All attempts at resolution through an internal company grievance procedure have been exhausted. "(B) The company grievance procedure was not used because the complainant reasonably believed it to be ineffectual or to expose the complainant to employer reprisals. "(C) The company has no company grievance procedure. "(3) Upon receipt of a complaint filed under paragraph (1), the Secretary shall serve notice of the complaint on the defense contractor named in the complaint and the head of the agency which entered into the contract. "(4XA) Upon receipt of a complaint filed under paragraph (1), the Secretary shall conduct an initial investigation to determine whether the complaint is frivolous or merits further investigation. As part of such initial investigation, the Secretary shall find out whether the employee ind the defense contractor have attempted to resolve the dispute. If the Secretary determines that the complaint merits further investigation, the Secretary shall, except as provided in subparagraph (B), complete an investigation of the complaint within 90 days after receipt of the complaint. "(B) If the Secretary determines that it is not possible to complete an investigation of a complaint within the 90-day period prescribed in subparagraph (A), the Secretary shall notify the employee of the reasons why the investigation cannot be completed within such time period and of the date when the investigation will be completed. The Secretary also may defer action on a complaint at any time with the consent of the complainant and the defense contractor. "(C) Not later than 30 days after an investigation is com- Reports. pleted, the Secretary of Defense shall provide a written report of the results of the investigation to the complainant, any person acting on behalf of the complsiinant, and the defense contractor alleged to have committed the violation. "(D) Within 90 days after providing a report of the results of an investigation of a complaint, the Secretary shall issue an order providing the relief prescribed in paragraph (5) or denying the complaint, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement agreement entered into by the Secretary and the defense contractor alleged to have committed such violation.
104 STAT. 1618
"(E) An order of the Secretary under this section shall be made on the record after notice and opportunity for an agency hearing. In issuing an order, the Secretary shall follow procedures that are as informal as practicable, consistent with principles of fundamental fairness. At a minimum, the Secretary shall afford the complainant and the defense contractor an opportunity to submit in writing information and arguments in opposition to the conclusion of the report of the results of the investigation. "(F) The Secretary may not enter into a settlement agreement terminating a proceeding on a complaint without the participation and consent of the complainant. "(5) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of regulations promulgated under subsection (b) has occurred, the Secretary may issue, separately or in combination, any of the following: "(A) An order that the defense contractor who committed such violation take affirmative action to abate the violation. "(B) An order that such contractor reinstate the complainant to the position held by such individual when discharged, together with the compensation (including back pay), employment benefits, and other terms and conditions of his or her employment. "(C) An assessment against such contractor (at the request of the complainant) of a sum equal to the aggregate amount of all costs and expenses (including attorneys fees and expert witnesses' fees) reasonably incurred by the complainant for, or in connection with, bringing the complaint on which the order was issued, is determined by the Secretary. "(6) In determining whether a violation of regulations promulgated under subsection (b) has occurred, the Secretary shall use the standard of proof that is used by the Merit Systems Protection Board in proceedings under section 1221 of title 5, as described in paragraphs (1) and (2) of section 1221(e) of that title. "(d) REVIEW AND ENFORCEMENT.(D Any person adversely affected or aggrieved by an order issued under subsection (cX5XB) may obtain review of the order's conformance with this section and the regulations promulgated under this section in the United States court of appeals for the circuit in which the violation alleged in the order occurred. No petition seeking such review may be filed more than 60 days after issuance of the Secretary's order. Review shall conform to chapter 7 of title 5. "(2) An order of the Secretary with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in any criminal or other civil proceeding. "(3) Whenever a person has failed to comply with an order issued under subsection (cX5XB), the Secretary shall file an action for enforcement of such order in the United States district court for the district in which the violation was found to have occurred. In any action brought under this subsection, the court may grant appropriate relief, including injunctive relief, and compensatory and exemplary damages. "(4) Any nondiscretionary duty imposed by the regulations under this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28. "(e) DEFINITIONS.In this section: "(1) The term 'appropriate Government official' includes
104 STAT. 1619
"(A) an officer or employee of the Department of Defense responsible for command, direct staff assistance to a commander, contract administrator, program management, audit, inspection, investigation, or enforcement of any law or regulation relating to Government procurement or the subject matter of the contract; "(B) a Member of Congress or an officer or employee of Congress, the General Accounting Office, the Congressional Budget Office, or the Office of Technology Assessment; and "(C) any other officer or employee of the United States whose duties include the investigation or enforcement of any law, rule, or regulation relating to Grovemment procurement or the subject matter of the contract. "(2) The term 'defense contractor' means any employer providing goods or services, under contract, to the Department of Defense. "(3) The term 'Secretary' means the Secretary of Defense. "(4) The term 'information concerning a contract' means, with respect to a contract with the Department of Defense, information about cost, price, compliance with specifications, meeting the user's requirements, user safety, use or disposition of services, real property or personal property acquired under the contract, the procurement process (including competition, negotiation, award, and administration), and relationships with Government personnel, competitors, or subcontractors.". (2) The table of sections at the beginning of chapter 141 of such title is amended by inserting after the item relating to section 2409 the following new item:
"2409a. Communicating with Government officifds: defense contractor requirement to prohibit retaliatory personnel actions.".
03) EFFECTIVE DATE.Section 2409a of title 10, United States Code, lO use 2409a as added by subsection (a), shall apply to contracts entered into "* during the period beginning on the date which is 180 days after the date of the enactment of this Act. Such section shall cease to be in effect on the date which is 4 years after such date of enactment. TITLE IXDEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT MATTERS
PAKT AGENERAL MANAGEMENT MATTERS SEC. 901. NATIONAL MILITARY STRATEGY REPORTS (a) REPORTS BY THE SECRETARY OF DEFENSE.(1) The Secretary of 10 USC 113 note.
Defense shall submit to Congress a national military strategy report during each of fiscal years 1992, 1993, and 1994. Each such report shall be submitted with the Secretary's annual report to Congress for that year under section 113(j) of title 10, United States Code. (b) MATTERS T O B E COVERED IN REPORTS.Each such report shall cover a period of at least ten years and shall address the following: (1) The threats facing the United States and its allies. (2) The degree to which military forces can contribute to the achievement of national objectives. (3) The strategic military plan for appl3dng those forces to the achievement of national objectives. (4) The risk to the national security of the United States and its allies that ensues.
104 STAT. 1620
PUBLIC LAW 101-510NOV. 5, 1990 (5) The organization and structure of military forces to implement the strategy. (6) The broad mission areas for various components of the forces and the broad support requirements to implement the strategy. (7) TTie functions for which each military department should organize, train, and equip forces for the combatant commands responsible for implementing the strategy. (8) The priorities assigned to major weapons and equipment acquisitions and to research and development progrgmis in order to fill the needs and eliminate deficiencies of the combatant commands.
(c) RELATIONSHIP OF PLANS TO BUDGET.The strategic military
plans and other matters covered by each report shall be fiscally constrained and shall relate to the current Department of Defense Multiyear Defense Plan and resource levels projected by the Secretary of Defense to be available over the period covered by the report. (d) EFFECTS OF ALTERNATIVE BUDGET LEVELS.Each such report shall also include an assessment of the effect on the risk and the other components of subsection (b) in the event that (1) an additional $50,000,000,000 is available in budget authority in the fiscal year which is addressed by the budget request that the report accompanies, and (2) budget authority for that fiscal year is reduced by $50,000,000,000. For these assessments the Secretary of Defense shall make appropriate assumptions about the funds available for the remainder of the period covered by the report. (e) ROLE OF CHAIRMAN OF JOINT CHIEFS OF STAFF.In accordance with his role as principal military adviser to the Secretary of Defense, the Chairman of the Joint Chiefs of Staiff shall participate fully in the development of each such report. The Secretary of Defense shall provide the Chairman such additional guidance as is necessary to enable the Chairman to develop and recommend fiscally constrained strategic plans for the Secretary's consideration in accordance with section 153(aX2) of title 10, United States Code. In accordance with additional responsibilities of the Chairmem set out in section 153, the Chairman shall provide recommendations to the Secretary on the other components of paragraph (2), (f) CLASSIFICATION OF REPORTS.The reports submitted to Congress under subsection (a) shall be submitted in both classified and (to the extent practicable) unclassified versions.
SEC. 902. JOINT STAFF
Section 155 of title 10, United States Code, is amended by striking out subsection (g) and redesignating subsection (h) as subsection (g).
10 u s e 3074 SEC. 903. ARMY RESERVE COMMAND
(a) EJSTABUSHMENT OF COMMAND.The Secretary of the Army, with the advice and assistance of the Chief of Staff of the Army, shall establish a United States Army Reserve Command under the command of the Chief of Army Reserve. The Army Reserve Command shall be a major subordinate command of Forces Command. (b) ASSIGNMENT OF FORCES.The Secretary of the Army (1) shall assign all forces of the Army Reserve in the continental United States to the Army Reserve Command; and (2) except as otherwise directed by the Secretary of Defense in the case of forces assigned to carry out functions of the Sec-
104 STAT. 1621
retary of the Army specified in section 3013 of title 10, United States Code, shall assign all such forces of the Army Reserve to the Commander-in-Chief, Forces Command. (c) TEST PERIOD.The establishment of the Army Reserve Command shall be for a test period ending two years after the date of the enactment of this Act.
(d) REPORTS BY SECRETARY OF THE ARMY.The Secretary of the
Army, during the test period under subsection (c), shall submit to the Committees on Armed Services of the Senate and House of Representatives a semiannual report on the United States Army Reserve Command. Each such report shall explain (1) command arrangements; (2) responsibility for base operations support; (3) personnel, logistics, and resource management; and (4) engineering and information management support.
(e) REVIEW BY AN INDEPENDENT COMMISSION.The Secretary of Establishment.
the Army shall establish an independent commission to assist the Secretary in assessing the progress and effectiveness of the United States Army Reserve Command after it has been in existence for a period of one year.
SEC. 904. SECURITY INVESTIGATIONS
(a) SECURITY INVESTIGATIONS.Subchapter I of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section: " 2244. Security investigations "(a) Funds appropriated to the Department of Defense may not be used for the conduct of an investigation by the Department of Defense, or by any other Federal department or agency, for purposes of determining whether to grant a security clearance to an individual or a facility unless the Secretary of Defense determines both of the following: "(1) That a current, complete investigation file is not available from any other department or agency of the Federal government with respect to that individual or facility. "(2) That no other department or agency of the Federal government is conducting an investigation with respect to that individual or facility that could be used as the basis for determining whether to grant the security clearance. "(\i) For purposes of subsection (aXl), a current investigation file is a file on an investigation that has been conducted within the past five years.". (b) CLERICAL AMENDMENT.The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
"2244. Security investigations.". SEC. 905. TWENTY PERCENT REDUCTION IN DEFENSE ACQUISITION 10 USC 1721 WORKFORCE "0<ê
(a) REDUCTION REQUIRED.The Secretary of Defense shall take such action as is necessary to reduce the number of employees in the Department of Defense acquisition workforce on the last day of each of fiscal years 1991 through 1995 below the number of employees in such workforce on the last day of the preceding fiscal year by not
104 STAT. 1622
less than the number equal to 4 percent of the number of the employees in such workforce on September 30,1990. (b) DEFINITION.In this section, the term "Department of Defense acquisition workforce" means all positions included in the description of the acquisition workforce in Appendix A of "Defense Management", a report of the Secretary of Defense to the President, dated July 1989.
SEC. 906. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEADQUARTERS ACTIVITIES AND HEADQUARTERS SUPPORT ACTIVITIES
(a) REDUCTION REQUIRED.The Secretary of Defense shall take such action as is necessary to reduce the number of members of the Armed Forces and civilian employees who are assigned or detailed to duty in the management headquarters activities and headquarters support activities of the Department of Defense on the last day of each of the fiscal years 1991 through 1995 below the number of such personnel assigned or detailed to such duty on the last day of the preceding fiscal year by not less than the number equal to 4 percent of the number of such personnel assigned or detailed to such duty on September 30,1990. (b) DEFINITION.For purposes of this section, the terms "management headquarters activities" and "headquarters support activities" have the meaning given those terms in Department of Defense Directive 5100.73, entitled "Department of Defense Management Headquarters and Headquarters Support Activities" dated November 25,1988.
50 u s e 401 note. SEC. 907. INTELLIGENCE PRIORITIES AND REORGANIZATION (a) REVISION OF PRIORITIES AND CONSOUDATION OF FUNCTIONS.
The Secretary of Defense, together with the Director of Central Intelligence, shall conduct a joint review of all intelligence and intelligence-related activities in the Tactical Intelligence and Related Activities (TIARA) programs and the National Foreign Intelligence Program (NFIP). The Secretary, together with the Director, shall take the following actions with respect to those activities: (1) In cases in which redundancy or fragmentation exist, consolidate functions, programs, orgEinizations, and operations to improve the efficiency and effectiveness of the conduct of those intelligence activities or programs. (2) Revise intelligence collection and analysis priorities and resource allocations to reflect changes in the international security environment. (3) Strengthen joint intelligence functions, operations, and organizations. (4) Improve the quality and independence of intelligence support to the weapons acquisition process. (5) Improve the responsiveness and utility of national intelligence systems gmd organizations to the needs of the combatant commanders. (b) PERSONNEL REDUCTIONS.(1) The number of personnel assigned or detailed to the National Foreign Intelligence Program and related Tactical Intelligence and Related Activities programs shall be reduced by not less than 5 percent of the number of such personnel described in paragraph (2) during each of fiscal years 1992 through 1996.
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(2) The number of personnel referred to in paragraph (1) is the number of personnel assigned or detailed to such programs on September 30,1990.
SEC. 908. ADDITIONAL FUNDING FOR UNIFIED AND SPECIFIED COMBATANT COMMANDS FOR FISCAL YEAR 1991
(a) CINC INITIATIVE FUND.There is established for fiscal year 1991 a separate budget account to be managed by the Chairman of the Joint Chiefs of Staff. The Chairman may use the account to provide funds, upon request, to the commanders of the unified and specified combatgint commands and the Commander, United States Element, North American Aerospace Defense Command. Such funds shall be provided, as specified by the Chairman, for any of the activities named in subsection (b). OJ) Permissible Activities.(1) Activities for which funds may be made provided under subsection (a) are the following: (A) Force training. (B) Contingencies. (C) Selected operations. (D) Command and control. (E) Joint exercises. (F) Humanitarian and civic assistance. (G) Military education and training to military and related civilian personnel of foreign countries. (H) Personnel expenses of defense personnel for bilateral or regional cooperation programs. (2) The Chairman of the Joint Chiefs of Staff, in considering requests for funds under this section, should give priority consideration to requests for funds to be used for activities which would enhance the warfighting capability, readiness, and sustainability of the forces assigned to the commander requesting the funds. (c) AMOUNT AND SOURCE OF FUNDS.(1) Of the amount authorized to be appropriated pursuant to section 301(a) for the Defense Agencies, $35,000,000 shall be made available by the Secretary of Defense for the account established in subsection (a). (2) Any amount provided by the Chairman out of the account established under subsection (a) for an activity referred to in subsection G)) shall be in addition to amounts otherwise available for that activity for fiscal year 1991. (d) LIMITATIONS.(1) Not more than $7,000,000 of the funds provided from that account may be used to purchase items with a unit cost in excess of $15,000. (2) Funds may not be provided under this section for any activity that has been denied authorization by Congress.
SEC. 909. STUDY AND PLAN REGARDING MOBILITY REQUIREMENTS
(a) STUDY AND PLAN REQUIRED.The Secretary of Defense, with the advice uid assistance of the Chairman of the Joint Chiefs of Staff, shall conduct a study to determine mobility requirements for the Armed Forces and shall develop an integrated plan to meet those requirements. Qy) REPORTS REQUIRED.(1) The Secretary shall submit to the congressional defense committees two reports regarding the study required by subsection (a). (2) The first report shall cover intertheater requirements, shall contain a copy of the integrated plan regarding such requirements, and shall be submitted not later than March 29,1991.
104 STAT. 1624
(3) The second report shall cover intratheater requirements, surface requirements, and requirements for mobility within the continental United States, shall contain a copy of the integrated plan regarding such requirements, and shall be submitted not later than June 28,1991. (c) FORMAT AND CONTENT OF REPORTS.(1) Each report shall be in the same format as the report submitted to Congress under section 20303) of the Department of Defense Authorization Act, 1981 (Public Law 96-342; 94 Stat. 1080), and shall cover (in addition to the matters specified in paragraphs (2) and (3)) the same matters required under such section and the Joint Explanatory Statement of the Committee of Conference relating to such Act, as set out in Senate Report 96-895, 96th Congress, second session. (2) The two reports together shall include an analysis of the total mix of airlift, sealift, amphibious lift, surface transportation, and prepositioned war material (both at sea and on land) necessary for the United States to respond to contingent threats against the national security interests of the United States during the remainder of the current decade and beyond. The analysis of prepositioned war material should identify where such material should be located. The analysis may not be limited to consideration of a single requirement for lift and material based upon the most demanding case, but shall include an assessment of a range of requirements for lift and materisd based upon various military contingencies and scenarios. The Operation Just Cause and Operation Desert Shield deplojonents shall be included among the scenarios examined. The analysis shall also include (A) an Eissessment of both intratheater and intertheater lift requirements; and (B) an assessment of the total requirements for mobility, including support equipment and the equipment necessary for strategic mobility at unimproved ports, airfields, and other facilities. (3) The two reports together shall also include the following: (A) An Eissessment of how the total mix of mobility and prepositioning requirements has been affected by changing circumstances in Europe and elsewhere, including (i) an increase in the opportunities to detect any planned attack by the Soviet Union; (ii) an increase in the time likely to be available to prepare for such an attack after detection; (iii) a reduced level of Soviet threat to the national security interests of the United States; (iv) the decreasing level of Armed Forces personnel deployed overseas; (v) the changing threat in Northeast Asia; and (vi) the changing threat in Southwest Asia. (B) An assessment of how such requirements are being affected by the changing need for power projection capability in low-intensity and medium-intensity conflicts. (C) An assessment of how such requirements would be affected by the loss of United States military bases, and the loss of access to other military bases, in such overseas locations as the Philippines. (D) An assessment of how the reduced reliance expected to be placed by the Armed Forces on ^ A T O and other allied shipping and military bases for employment of the Armed Forces unilat-
104 STAT. 1625
erally in contingent actions affects the requirements for airlift, sealift, amphibious lift, and prepositioned war material. (E) An assessment of whether increased dependence should be placed upon sealift capabilities in view of the factors assessed pursuant to subparagraphs (A) through (D) and the potential benefits of sealift vessels which might be developed that would be faster than the sealift vessels currently available from commercial sources. (F) A discussion of initiatives that can be undertaken to reduce the time required to move forces and material from home bases to combat areas, including measures that can be undertaken to reduce (i) the time necessary for loading and unloading personnel and equipment at airports and seaports, (ii) the time necessary for moving ground forces to airports and seaports, and (iii) the delivery times from points of debarkation to final destinations.
SEC. 910. ELIMINATION OF STATUTORY POSITION OF CHIEF OF NAVAL RESEARCH
(a) REPEAL.Section 5021 of title 10, United States Code, is repealed. (h) CONFORMING AND CLERICAL AMENDMENTS.(1) Section 5022 of such title is amended (A) by redesignating subsections (a), Qj) and (c) as subsections OJ), (C) and (d), respectively; and (B) by inserting after the section heading the following new subsection (a): "(a) There is in the Office of the Secretary of the Navy an Office of Naval Research.". (2) The table of sections at the beginning of chapter 503 of such title is amended by striking out the item relating to section 5021.
PART BPROFESSIONAL MILITARY EDUCATION SEC. 911. PREPARATION O F BUDGET REQUESTS FOR OPERATION OF PROFESSIONAL MILITARY EDUCATION SCHOOLS
(a) UNIFORM BUDGET REQUESTS.Chapter 108 of title 10, United States Code, is amended by adding at the end the following new section: " 2162. Preparation of budget requests for operation of professional military education schools "(a) UNIFORM COST ACCOUNTING.The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall promulgate a uniform cost accounting system for use by the Secretaries of the military departments in preparing budget requests for the operation of professional military education schools,
(b) PREPARATION OF BUDGET REQUESTS.(1) Amounts requested
for a fiscal year for the operation of each professional military education school shall be set forth as a separate budget request in the materials submitted by the Secretary of Defense to Congress in support of the budget request for the Department of Defense. '(2) The Secretary of a military department preparing a budget request for a professional military education school shall carefully consider the views of the Chairman of the Joint Chiefs of Staff, particularly with respect to the amount of the request for the operation of the schools of the National Defense University and the
104 STAT. 1626
joint professional military education curricula of the other professional military education schools. "(c) COMPARISON OF BuDGET REQUESTS.Materials prepared in support of the budget request for a professional military education school shall describe whether the amount requested for that school is comparable to the amounts requested for other professional military education schools, taking into consideration the size and activities of the schools. "(d) DEFINITIONS.In this section: "(1) The term 'professional military education school' means "(A) the National Defense University; "(B) the Army War Ck)llege; "(C) the College of Naval Warfare; "(D) the Air War College; "(E) the United States Army Command and General Staff College; "(F) the College of Naval Command and Staff; "(G) the Air Command and Staff College; or "(H) the Marine Corps Command and Staff C!ollege. "(2) The term 'National Defense University' means the National War College, the Armed Forces Staff C!ollege, and the Industrial College of the Armed Forces.", (b) CLERICAL AMENDMENTS.(1) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"2162. Preparation of budget requests for operation of professional military education schools.".
(2) The heading of such chapter is amended to read as follows:
"CHAPTER 108DEPARTMENT OF DEFENSE SCHOOLS".

(3) The items relating to such chapter in the table of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle A, of title 10, United States Code, are amended to read as follows: 10 u s e 2162 "*"108. Department of Defense Schools". (b) A P P U C A T I O N OF AMENDMENT.Section
2162 of title 10, U n i t e d States Code, as added by subsection (a), shall apply with respect to fiscal years after fiscal year 1991. SEC. 912. AUTHORITY OF NAVAL WAR COLLEGE TO CONFER DEGREE OF MASTER OF ARTS IN NATIONAL SECURITY AND STRATEGIC STUDIES (a) AUTHORITY.Part III of subtitle C of title 10, United States Code, is amended by adding at the end the following new chapter:
"CHAPTER 609PROFESSIONAL MILITARY EDUCATION SCHOOLS

"Sec. "7101. Naval War Collie: master of arts in national security and strategic studies.
PUBLIC LAW 101-510NOV. 5,1990
104 STAT. 1627
" 7101. Naval War College: master of arts in national security and strategic studies "(a) AUTHORITY.Upon the recommendation of the faculty of the Naval War College, the President of the college may confer the degree of master of arts in national security and strategic studies upon graduates of the college who fulfill the requirements for the degree. "(b) REGULATIONS.The authority provided by subsection (a) shall be exercised under regulations prescribed by the Secretary of the Navy. "(c) NAVAL WAR COLLEGE DEFINED.In this section, the term 'Naval War College' means the College of Naval Warfare and the College of Naval Command and Staff.". (b) CLERICAL AMENDMENT.The tables of chapters at the beginning of subtitle C of title 10, United States Code, and at the beginning of part III of such subtitle, are amended by inserting after the item relating to chapter 607 the following new item:
"609. Professional Military Educational Schools PART CCONTRACTING OUT SEC. 921. CONTINUATION OF AUTHORITY OF BASE COMMANDERS OVER CONTRACTING FOR COMMERCIAL ACTIVITIES 10 USC 2466 note. 7101".
Section 2468(f) of title 10, United States Code, is amended by striking out "September 30, 1990" and inserting in lieu thereof "September 30,1991".
SEC. 922. AUTHORIZATION OF PILOT PROGRAM FOR DEPOT MAINTENANCE WORKLOAD COMPETITION (a) PILOT PROGRAM AUTHORIZED.(1) Notwithstanding section
2466 of title 10, United States Code, the Secretary of Defense may conduct a depot maintenance workload competition pilot program during fiscal year 1991. (b) ELEMENTS OF PROGRAM.(1) The pilot program authorized by subsection (a) shadl involve competition for a portion of the depot maintenance workload at one Army depot maintenance activity and one Air Force depot maintenance activity. (2) Any competition under such pilot program shall be open to such maintenance activities of the Department of Defense as the Secretary of Defense may designate. The Secretary may also include private contractors in such competition. (c) REPORT.Not later than March 31, 1992, the Secretary of Defense shall submit to the congressional defense committees a report (1) explaining the basis for selecting the installations and workload selected to participate in the pilot program authorized by subsection (a); (2) containing a detailed explanation of the results of such pilot program; and (3) comparing such results to the experience of one Navy depot maintenance activity that competed its workload during fiscal year 1991.
104 STAT. 1628
PUBLIC LAW 101-510NOV. 5, 1990 TITLE XDRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES
SEC. 1001. DRUG INTERDICTION FUNDING
AND
COUNTER-DRUG
ACTIVITIES
Funds authorized to be appropriated pursuEint to section 301(aX14) for drug interdiction and counter-drug activities of the Department of Defense shall be available for the purposes and in the amounts specified as follows: (1) For operation and maintenance, $585,600,000. (2) For procurement, $345,300,000. (3) For National Guard pay and allowances, $105,500,000. (4) For research, development, test, and evaluation, $47,700,000.
SEC. 1002. OVER-THE-HORIZON RADAR
(a) STUDY.(1) The Secretary of Defense, acting through the Joint Electronics Warfare Center, shall conduct a study to examine the need for an over-the-horizon radar in the central part of the United States directed toward Mexico. (2) In carrying out such study, the Secretary shall assess (A) the capability of the over-the-horizon radar against small targets, including single engine aircraft of the type used in drug trafficking; (B) the ability of the over-the-horizon radar to correlate such targets with existing civilian air traffic; and (C) the relative cost and operational effectiveness of an overthe-horizon radar compared with continued investment in other types of radars, such as the Small Aerostat System, land based aerostats, and the Caribbean based radar system. (3) The Secretary shall submit the results of the study required by paragraph (1) to the congressional defense committees not later than 180 days after the date of the enactment of this Act. (4) Of the amount made available for procurement under section 1001(2)j $3,000,000 shall be available to carry out the study required by paragraph (1). (b) TESTBED FACILITY.Of the amount made available for procurement under section 1001(2) for the over-the-horizon radar, $6,000,000 shall be used for the procurement of a commercial testbed facility for the over-the-horizon radar to serve as an interim facility until the study required by subsection (a) is completed and the need for an over-the-horizon radar for drug interdiction is determined. (c) LIMITATION ON OTHER SPENDING.The balance of other funds made available for procurement under section 1001(2) for the overthe-horizon radar may not be obligated until 30 days after (1) the Secretary of Defense certifies to Congress, after conclusion of the study required by subsection (a), that such a system is needed, meets the requirements of the drug interdiction program, and would be the most cost effective system when compared with the cost of additional investment in other radar systems or other intelligence programs; and (2) in the event the Over-The-Horizon Backscatter radar (OTH-B) is determined to be the most suitable over-the-horizon radar system, the Office of Test and Evaluation certifies to Congress that the East Coast System of the OTH-B meets all contract requirements and performance specifications con-
104 STAT. 1629
tained in the Test and Evaluation Master Plan and the Operation Test Plsui for that system.
SEC. 1003. CIVIL AIR PATROL
Of the amount made available for operation and maintenance under section 1001(1), $1,000,000 shall be available to the Secretary of Defense for the purpose of paying expenses incurred by the CivU Air Patrol in conducting drug surveillance flights.
SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES
(a) SUPPORT TO OTHER AGENCIES.During fiscal year 1991, the Secretary of Defense may provide support for the counter-drug activities of any other department or agency of the Federal Government or of any State, local, or foreign law enforcement agency for any of the purposes set forth in subsection Qo) if such support is requested (1) by the official who has responsibility for the counter-drug activities of the department or agency of the Federal Government, in the case of support for other departments or agencies of the Federal Government; (2) by the appropriate official of a State or local government, in the case of support for State or local law enforcement agencies; or (3) by an appropriate official of a department or agency of the Federal Government that has counter-drug responsibilities, in the case of support for foreign law enforcement Eigencies.
Qo) TYPES OF SUPPORT.The purposes for which the Secretary may
provide support under subsection (a) are the following: (1) The maintenance and repair of equipment that has been made avgdlable to any department or agency of the Federal Government or to any State or local government by the Department of Defense for the purposes of (A) preserving the potential future utility of such equipment for the Department of Defense; and (B) upgrading such equipment to ensure compatibility of that equipment with other equipment used by the Department of Defense. (2) The maintenance, repair, or upgrading of equipment (including computer software), other than equipment referred to in subparagraph (A) for the purpose of (A) ensuring that the equipment being maintained or repaired is compatible with equipment used by the Department of Defense; and (B) upgrading such equipment to ensure the compatibility of that equipment with equipment used by the Department of Defense. (3) The transportation of personnel of the United States and foreign countries (including per diem expenses associated with such transportation), and the transportation of supplies and equipment, for the purpose of facilitating counter-drug activities within or outside the United States. (4) The establishment (including unspecified minor construction) and operation of bases of operations or training facilities for the purpose of facilitating counter-drug activities within or outside the United States. (5) Counter-drug related training of law enforcement personnel of the Federal Government, of State and local governments,
104 STAT. 1630
and of foreign countries, including associated support expenses for trainees and the provision of materials necessary to carry out such training. (6) Aerial and ground reconnaissance outside, at, or near the borders of the United States. (7) Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States. (8) Establishment of command, control, communications, and computer networks for improved integration of law enforcement, active military, and National Guard activities. (c) CONTRACT AUTHORITY.In carrying out subsection (a), the Secretary of Defense may acquire services or equipment by contract for support provided under that subsection if the Department of Defense would normally acquire such services or equipment by contract for the purpose of conducting a similar activity for the Department of Defense.
(d) LIMITED WAIVER OF PROHIBITION.Notwithstanding section
376 of title 10, United States Code, the Secretary of Defense may provide support pursuant to subsection (a) in any case in which the Secretary determines that the provision of such support would adversely affect the military preparedness of the United States in the short term if the Secretary determines that the importance of providing such support outweighs such short-term adverse effect.
(e) CONDUCT OF TRAINING OR OPERATION TO AID CIVILIAN AGEN-
CIES.In providing support pursuant to subsection (a), the Secretary of Defense may plan and execute otherwise valid military training or operations (including training exercises undertaken pursuant to section 1206(a) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1564)) for the purpose of aiding civilian law enforcement agencies.
(f) RELATIONSHIP TO OTHER LAWS.(1) The authority provided in
this section for the support of counter-drug activities by the Department of Defense is in addition to, and except as provided in paragraph (2), not subject to the requirements of chapter 18 of title 10, United States Code. (2) Support under this section shall be subject to the provisions of section 375 and, except as provided in subsection (d), section 376 of title 10, United States Code. (g) AVAILABILITY OF FUNDS.Of the amount made available for operation and maintenance under section 1001(1), $50,000,000 shall be available to the Secretary of Defense for the purpose of carrjdng out this section.
SEC. 1005. TRANSFER OF EXCESS DEFENSE ARTICLES
Pursuant to section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (10 U.S.C. 372 note) and section 372 of title 10, United States Code, the Secretary of Defense shall review the availability of equipment resulting from the withdrawal of United States forces from Europe and Asia for the purpose of identifying excess equipment that may be suitable for drug enforcement activities for transfer to appropriate Federal, State, or local civilian law enforcement authorities.
104 STAT. 1631
SEC. 1006. SENSE OF CONGRESS REGARDING THE EFFECTIVE USE OF COUNTER-DRUG FUNDS
It is the sense of Congress that the Secretary of Defense and the Chairman of the Joint Chiefs of Staff should continue to emphasize the commitment of the Department of Defense to its extremely important mission of combating illegal drugs so that the entire chain of command of the Department of Defense fully and effectively uses funds of the Department to ensure the maximum contribution of the Armed Forces to the national counter-drug effort.
SEC. 1007. REPORT ON DEFENSE SPENDING FOR COUNTER-DRUG ACTIVITIES
(a) REPORT REQUIRED.Not later than six months after the date of the enactment of this Act, the Comptroller Greneral of the United States shall submit to the congressional defense committees, the Senate Caucus on International Narcotics Control, and the Select Committee on Narcotics Abuse and Control of the House of Representatives a report examining the counter-drug budget and expenditures of the Department of Defense. (b) CONTENTS.The report required by subsection (a) shall include the following: (1) An analysis of the funds authorized and appropriated in fiscal years 1989 and 1990 for the counter-drug activities of the Department of Defense, including (A) an examination of how those funds were obligated and expended, including a month-by-month breakdown of obligations and expenditures; (B) a determination of whether there were delays in obligating and expending those funds and the reasons for any such delays; and (C) an accounting of the amount of funds available for counter-drug activities that lapsed at the end of each of the fiscal years. (2) A determination of whether there has been a systemic failure in the timely obligation and expenditure of funds appropriated for the counter-drug activities of the Department of Defense for fiscal years 1989 and 1990. (3) An analysis of the effectiveness of the role of the Department of Defense Coordinator for Drug Enforcement Policy and Support, including (A) a determination whether the responsibility of serving as both the Assistant Secretary of Defense for Reserve Affairs and Coordinator for Drug Enforcement Policy and Support complicates the ability of the Assistamt Secretary to coordinate all entities within the Department of Defense in the counter-drug mission; and (B) a determination regarding the adequacy of personnel levels in the Office of the Assistant Secretary to meet his responsibility for coordinating counter-drug activities within the Department of Defense and ensuring that funds appropriated for such activities are obligated and expended in a timely manner. (4) Recommendations for correcting any problems found in the course of the review.
104 STAT. 1632
SEC. 1008. STUDY OF UTILITY OF OH-58D HELICOPTER IN DETECTION OF CROSS-BORDER INTRUSIONS BY DRUG SMUGGLERS (a) STUDY REQUIRED.The Secretary of Defense shall conduct a
study on the feasibility and effectiveness of using the OH-58D Scout helicopters for detecting, monitoring, and conducting surveillance of the ground movements of drug smugglers along the southwest border of the United States. In carrying out such study, the Secretary shall consider in particular the following matters: (1) The suitability of the OH-58D helicopter for performing the missions described in the first sentence. (2) The feasibility of having personnel of the Army National Guard operate and maintain OH-58D helicopters when such personnel are not in Federal service. (b) INTERAGENCY COORDINATION.The Secretary shall carry out the study required by subsection (a) in consultation with the Commissioner of the United States Customs Service. (c) SUBMISSION OF REPORT.The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the study required by subsection (a) not more than 180 days after the date of the enactment of this Act. The Secretary shall include in the report the conclusions of the Secretary based on the study together with such comments and recommendation is the Secretary considers appropriate.
SEC. 1009. ANDEAN ANTI-DRUG EFFORTS
(a) FINDINGS.Congress makes the following findings: (1) The support for democratic process and civilian governance in the Andean countries of Peru, Bolivia, uid Colombia, the first two of which have only recently emerged from periods of military rule, is a necessary precondition for long-term stability in those countries and for the successful fight against the production and traffic of illegal drugs in those countries. (2) The separation of military and civilian law enforcement functions has historically been a critical element in democracies around the world, including the United States. (3) There is a need to determine whether the current policies of the United States unduly emphasize assistance to military entities of those countries rather than civilian law enforcement entities in carrying out anti-drug efforts in those countries and whether such policies might tend to undermine the dual longterm policy goals of the United States of stopping the traffic of drugs at their sources and the preservation of civilian control over the newly established democracies of the Andean countries. (4) There is a need to assess the impact that United States assistance in the Andean anti-drug effort will have on reducing drug activity and supporting democratic processes in the Andean countries. (b) REPORT REQUIRED.(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall, in consultation with the Director of the Office of Nationsil Drug Control Policy, jointly submit to Congress a report detailing current United States policies with respect to the Andean countries in general and with respect to the counter-drug enforcement activities and associated training programs of the United States in such countries in particular.
104 STAT. 1633
(2) Such report shall include an analysis of the impact that the involvement of the military forces of the Andean countries in counter-drug enforcement activities has on the democratic institutions of those countries and how the civilian institutions of those countries might be strengthened in order to assure the successful pursuit of a counter-drug strategy. (3) Such report shall contain specific legislative recommendations for improving the assistance activities of the United States in the Andean countries in order to avoid unnecessary duplications and contradictions in meeting United States policy goals in those countries.
SEC. 1010. CREATION OF A MULTILATERAL COUNTER-DRUG STRIKE FORCE
(a) FINDINGS.Congress makes the following findings: (1) Congress has in the past sought approval for a multilateral strike force dedicated to the war on drugs. (2) The proposal by the Prime Minister of Jamiaica for the creation of a multilateral, international counter-drug strike force is the first operative proposal for the use of a multilateral force against the drug cartels in Latin America by a government leader in the Western Hemisphere and should be given serious consideration.
(b) SENSE OF THE CONGRESS.It is the sense of Congress that
(1) the Prime Minister of Jamaica is to be commended for his proposal; (2) the President should call for international negotiations for the purpose of discussing the establishment of an international strike force to counter international drug traffickers; and (3) the United States should work through the United Nations and other multilateral organizations to determine the feasibility of establishing and using a force and should assist in the establishment of such a force if the President determines the proposal to be feasible.
SEC. 1011. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER
Title I of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1501 et seq.) is amended by inserting after section 1003 the following new section:
"SEC. 1003A. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER 21 USC 1502a.
"(a) ESTABLISHMENT.There is established within the Office of National Drug Control Policy, the Counter-Drug Technology Assessment Center (hereinafter in this section referred to as the 'Center'). The Center shall operate under the authority of the Director of National Drug Control Policy and shall serve as the central counterdrug enforcement research and development organization of the United States Grovemment. "(b) DIRECTOR.There shall be at the head of the Center the Chief Scientist of Counter-Drug Technology (hereinafter in this section referred to as the 'Chief Scientist'). The Chief Scientist shall be appointed by the Director of National Drug Control Policy from among individuals qualified and distinguished in the area of science, engineering, or technology.
"(c) ADDITIONAL RESPONSIBILITIES OF THE DIRECTOR.(1) The Direc-
tor, acting through the Chief Scientist, shall
104 STAT. 1634
President.
"(A) identify and define the short, medium, and long-term scientific and technological needs of Federal, State, and local drug enforcement agencies, including "(i) advanced surveillance, tracking, and radar imaging; "(ii) electronic support measures; "(iii) communications; "(iv) data fusion, advanced computer systems ind artificial intelligence; and "(v) chemical, biological, radiological (including neutron, electron, and graviton) and other means of detection; "(B) make a priority ranking of such needs according to fiscal and technological feasibility, as part of a National Counter-Drug Enforcement Research and Development Strategy; "(C) oversee and coordinate counter-drug technology initiatives with related activities of other Federal civilian and military departments; and "(D) under the general authority of the Director of National Drug Control Policy, submit requests to C!ongress for the reprogramming or transfer of funds appropriated for counterdrug enforcement research and development. "(2) The authority granted to the Director under this section shall not extend to the award of contracts, management of individual projects, or other operational activities. "(d) COUNTER-DRUG BUDGET SUBMISSION.Beginning with the budget submitted to Congress for fiscal year 1992 pursuant to section 1105 of title 31, United States Code, the President shall submit a separate and detailed request relating to those Federal departments and agencies having responsibility for counter-drug enforcement research and development programs. "(e) PERSONNEL.Subject to subsections (d) and (e) of section 1003, the Chief Scientist shall select and appoint a staff of not more than 10 employees with specialized experience in scientific, engineering, and technical affairs.", TITLE XIOPERATION DESERT SHIELD
PART AFUNDING MATTERS SEC. 1101. SUPPLEMENTAL FUNDS FOR FISCAL YEAR 1990 (a) AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS.The
appropriations and transfers made by title II of Public Law 101-403 are hereby authorized. The authorizations in the preceding sentence are in addition to the amounts authorized to be appropriated for fiscal year 1990 by the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189).
(b) PURPOSES FOR WHICH SUPPLEMENTAL FUNDS MAY B E USED.
Funds appropriated or otherwise made available by title II of Public Law 101-403 (other than for "Other Procurement, Army" and for "Research, Development, Test, and Evaluation, Navy") may be used only \ (1) for the purposes stated in section 201 of that Public! Law; or (2) to liquidate obligations incurred by the Department of Defense during fiscal year 1990 pursuant to authority under section 2201 of title 10, United States Code.

SEC. 1102. ACCOUNTING FOR COSTS OF OPERATION DESERT SHIELD
104 STAT. 1635
The Secretary of Defense shall maintain separate financial and cost records for Operation Desert Shield. Those records shall include records showing the amount and use of any contributions made by other nations.
PART BMILITARY PERSONNEL MATTERS SEC. n i l . MILITARY PAY AND ALLOWANCES
(a) IMMINENT DANGER PAY.The Secretary of Defense may provide for the payment of imminent danger pay under section 310 of title 37, United States Code, to members of the Armed Forces assigned to duty in the Persian Gulf area in connection with Operation Desert Shield with respect to periods of duty served after August 1, 1990, and before the date of the enactment of this Act. (b) VARIABLE HOUSING ALLOWANCE.(1) In the case of Reserve members called or ordered to active duty (other than for training) and retired members called to active duty under section 688 of title 10, United States Code, in connection with Operation Desert Shield, the variable housing allowance under section 403a of title 37, United States Code, shall be paid to such members for fiscal year 1990 and during fiscal year 1991 without regard to the limitation in subsection 03)(3) of that section. (2) The limitation in subsection (d) of that section on the total amount of variable housing allowance that may be paid for a fiscal year shall not apply for fiscal year 1991.
(c) SPECIAL PAY FOR RESERVE MEDICAL AND DENTAL OFFICERS.(1)
A reserve medical or dental officer described in paragraph (2) shall be eligible during fiscal years 1990 and 1991 for special pay under section 302 or 302b of title 37, United States Code (whichever applies), in the same manner as a regular medical or dental officer, notwithstanding the requirements in those sections that the call or order to active duty be for a period of not less than one year or that the officer execute a written agreement to remain on active duty for a period of not less than one year. (2) A reserve medical or dental officer referred to in paragraph (1) is a reserve officer in an active status who (A) is an officer of the Medical or Dental Corps of the Army or the Navy or an officer of the Air Force designated as a medical or dental officer; and (B) is on active duty (other than for training) under a call or order to active duty for a period of less than one year in connection with Operation Desert Shield. (3) Payment of special pay under section 302 or 302b of title 37, United States Code, pursuant to this subsection may be made on a monthly basis. If the service on active duty of a reserve medical or dental officer referred to in paragraph (1) is terminated before the end of the period for which a payment is made under those sections to the officer, the officer is entitled to special pay under those sections only for the portion of that period that the officer actually served on active duty. The officer shall refund any amount received in excess of the amount that corresponds to the period of active duty of the officer. (4) While a reserve medical officer referred to in paragraph (1) receives special pay under section 302 of title 37, United States Code,
104 STAT. 1636
by operation of that paragraph, the officer shall not be entitled to special pay under subsection (h) of that section.
SEC. 1112. SENSE OF CONGRESS CONCERNING ACTIVATION OF NATIONAL GUARD COMBAT BRIGADE
It is the sense of Congress that the President should order to active Federal service at least one Army National Guard combat brigade for deployment in the Persian Gulf region in connection with Operation Desert Shield.
SEC. 1113. TECHNICAL AMENDMENT CONCERNING MAILING PRIVILEGES FOR MEMBERS OF THE ARMED FORCES PARTICIPATING IN OPERATION DESERT SHIELD
Section 3401 of title 39, United States Code, is amended by striking out "sound-recorded" each place it appears and inserting in lieu thereof "sound- or video-recorded".
SEC. 1114. SAVINGS PROGRAM FOR OVERSEAS PERSONNEL
(a) ELIGIBILITY TO PARTICIPATE.The Secretary of Defense may
authorize a member of the Armed Forces who is serving outside the United States or its possessions under arduous conditions (as determined by the Secretary of Defense) during fiscal year 1990 or 1991 pursuant to an assignment or duty detail as part of Operation Desert Shield to make deposits of unallotted current pay and allowances, and to earn interest, under section 1035 of title 10, United States Code. (b) REGULATIONS.The Secretary of Defense shall prescribe regulations establishing standards and procedures for the administration of this section.
SEC. 1115. TREATMENT OF ACCUMULATED LEAVE
(a) INAPPLICABILITY OF ELIGIBILITY LIMITATION.The limitation in the second sentence of section 50103)(3) of title 37, United States Code, does not apply with respect to the following leave during fiscal year 1990 or 1991: (1) Leave accrued by a member of a reserve component of the Armed Forces while serving on active duty (other than for training) in connection with Operation Desert Shield pursuant to an order to active duty authorized under section 672, 673, 673b, or 674 of title 10, United States Code. (2) Leave accrued by a member of the Armed Forces in the Retired Reserve while serving on active duty in connection with Operation Desert Shield pursuant to an order to active duty authorized by section 675 of title 10, United States Code. (3) Leave accrued by a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, a member of the Retired Reserve, or a member of the Fleet Reserve or Fleet Marine Corps Reserve while such retired member or member, as the case may be, is serving on active duty in connection with Operation Desert Shield pursuant to an order to active duty authorized by section 688 of title 10, United States Code. (4) Leave accrued by a member referred to in paragraph (1), (2), or (3) while serving on active duty (other than for training) in connection with Operation Desert Shield pursuant to an order to such active duty issued with the consent of the member during a period in which members of the Armed Forces are
104 STAT. 1637
being ordered to active duty in connection with such operation pursuant to a provision of title 10, United States Code, referred to in such paragraph. (b) SAVING PROVISION FOR CERTAIN ACCRUED LEAVE.(1) Subject to paragraph (2), a member of the Armed Forces who, under section 701(f) of title 10, United States Code (A) would lose any accumulated leave in excess of 60 days at the end of fiscal year 1991 shall be permitted to retain such leave until the end of fiscal year 1992; or (B) would lose any accumulated leave in excess of 60 days at the end of fiscal year 1992 (other than by reason of clause (A)) shall be permitted to retain such leave until the end of fiscal year 1993. (2) In no case may a member be permitted to accumulate leave under this section in excess of 90 days. (c) REGULATIONS.The Secretary of Defense shall prescribe regulations establishing standards and procedures for the administration of this section.
SEC. 1116. REPORT ON OPTIONS FOR REFORMING THE BASIC ALLOWANCE FOR SUBSISTENCE ENTITLEMENT
The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on various options for reforming the basic allowance for subsistence entitlement provided for under section 402 of title 37, United States Code. The report shall address the problems resulting from termination of the allowance upon deployment for field or sea duty. The report shall be submitted not later than February 15, 1991.
SEC. 1117. END STRENGTH FLEXIBILITY 10 USC 115 note,
(a) AUTHORITY.If the Secretary of Defense determines that the operational requirements of Operation Desert Shield require an increase in the end strengths of active duty personnel for fiscal year 1991 prescribed by section 401 in excess of the increases authorized under section 115(c)(1) of title 10, United States Code (as amended by section 1483 of this Act), the Secretary may (subject to subsection (b)) increase the total end strength authorized for the Army, Navy, Air Force, and Marine Corps by section 401 by an amount not greater than 0.5 percent of the total end strengths authorized by that section. The authority under the preceding sentence is in addition to the authority under section 115(cXl) of title 10, United States Code (as amended by section 1483 of this Act). (b) CERTIFICATION.The Secretary of Defense may not exercise the authority provided in subsection (a) until after the Secretary certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that the exercise of that authority is necessary because of the operational requirements of Operation Desert Shield.
PART CPROCUREMENT MATTERS SEC. 1121. PROCUREMENT FLEXIBILITY FOR S M A L L PURCHASES (a) INCREASED FLEXIBILITY FOR OPERATION DESERT SHIELD.During
fiscal year 1991, the small purchase procurement threshold in the case of any contract to be awarded and performed, or purcheise to be made, outside the United States in support of Operation Desert
104 STAT. 1638
Shield shall be $100,000 (rather than the amount specified in section 2304(g)(2) of title 10, United States Code).
(b) SMALL PURCHASE PROCUREMENT THRESHOLD DEFINED.For
purposes of this section, the term "small purchase procurement threshold" means the maximum amount of a purchase or contract for which the special simplified procurement procedures established pursuant to section 2304(g)(1) of title 10, United States Code, may be used.
Defense Acquisition Workforce Improvement Act. 10 u s e 1701 note.
TITLE XIIDEFENSE ACQUISITION WORKFORCE

SEC. 1201. SHORT TITLE
This title may be cited as the 'Defense Acquisition Workforce Improvement Act".
SEC. 1202. DEFENSE ACQUISITION WORKFORCE
(a) DEFENSE ACQUISITION WORKFORCE.Subtitle A of title 10, United States Code, is amended by inserting after chapter 85 the following new section: "CHAPTER 87DEFENSE ACQUISITION WORKFORCE
"Subchapter "I. General Authorities and Responsibilities "II. Defense Acquisition Positions "III. Acquisition Corps "IV. Education and Training "V. General Management Provisions Sec. 1701 1721 1731 1741 1761
"SUBCHAPTER IGENERAL AUTHORITIES AND RESPONSIBILITIES

"Sec. "1701. Management policies. "1702. Under Secretary of Defense for Acquisition: authorities and responsibilities. "1703. Director of Acquisition Education, Training, and Career Development. "1704. Service acquisition executives: authorities and responsibilities. "1705. Directors of Acquisition Career Management in the military departments. "1706. Acquisition career program boards. "1707. Personnel in the Office of the Secretary of Defense and in the Defense Agencies.
" 1701. Management policies "(a) POLICIES AND PROCEDURES.The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense. "(b) UNIFORM IMPLEMENTATION.The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense. " 1702. Under Secretary of Defense for Acquisition: authorities and responsibilities "Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition shall carry out all powers, functions, and duties of the Secretary of
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Defense with respect to the acquisition workforce in the Department of Defense. The Under Secretary shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented throughout the Department of Defense. " 1703. Director of Acquisition Education, Training, and Career Development "The Under Secretary of Defense for Acquisition shall appoint a Director of Acquisition Education, Training, and Career IDevelopment within the office of the Under Secretary to assist the Under Secretary in the performance of his duties under this chapter. " 1704. Service acquisition executives: authorities and responsibilities "Subject to the authority, direction, and control of the Secretary of the military department concerned, the service acquisition executive for each military department shall carry out all powers, functions, and duties of the Secretary concerned with respect to the acquisition workforce within the military department concerned and shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented in that department. " 1705. Directors of Acquisition Career Management in the military departments "There shall be a Director of Acquisition Career Management for each military department within the office of the service acquisition executive to assist the executive in the performance of his duties under this chapter. The Secretary of the Navy, acting through the service acquisition executive, may appoint separate directors for the Navy and the Marine Corps. " 1706. Acquisition career program boards "(a) ESTABLISHMENT.The Secretary of each military department, acting through the service acquisition executive, shall establish an acquisition career program board to advise the service acquisition executive in managing the accession, training, education, and career development of military and civilian personnel in the acquisition workforce and in selecting individuals for an Acquisition Corps under section 1731 of this title. "(b) COMPOSITION OF BOARD.Each acquisition career program board shall include the Director of Acquisition Career Management (or his representative), the Assistant Secretary with responsibility for manpower (or his representative), and the military and civilian senior officials with responsibility for personnel development in the various acquisition career fields. The service acquisition executive (or his representative) shall be the head of the board.
"(c) SUBORDINATE BOARDS.The Secretary of a military depart-
ment may establish a subordinate board structure in the department to which functions of the acquisition career program board may be delegated. " 1707. Personnel in the Office of the Secretary of Defense and in the Defense Agencies "(a) POLICIES.The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall establish and implement, in such manner as the Secretary considers appropriate,
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policies and procedures for the effective management, including accession, education, training, and career development, of persons serving in acquisition positions in the Office of the Secretary of Defense and the Defense Agencies. Such policies and procedures shall include (1) the establishment of one or more Acquisition Corps with respect to such persons, and (2) the establishment of an acquisition career program board (and any appropriate subordinate board structure) with respect to such persons. The Secretary shall ensure that, to the maximum extent practicable, such policies and procedures are as uniform as practicable with the policies established under this chapter for the military departments. "Ot)) MANAGEMENT.The Director of Acquisition Education, Training, and Career Development appointed under section 1703 of this title shall serve as the Director of Acquisition Career Management for the Office of the Secretary of Defense and for the Defense Agencies. "SUBCHAPTER IIDEFENSE ACQUISITION POSITIONS
"Sec. "1721. "1722. "1723. "1724. "1725. Designation of acquisition positions. Career development. General education, training, and experience requirements. Contracting positions: qualification requirements. Office of Personnel Management approval.
Regulations.
" 1721. Designation of acquisition positions "(a) DESIGNATION.The Secretary of Defense shall designate in regulations those positions in the Department of Defense that are acquisition positions for purposes of this chapter. "(b) REQUIRED POSITIONS.In designating the positions under subsection (a), the Secretary shall include, at a minimum, all acquisition-related positions in the following areas: "(1) Program management. "(2) Systems planning, research, development, engineering, and testing. "(3) Procurement, including contracting. "(4) Industrial property management. "(5) Logistics. "(6) Quality control and assurance. "(7) Manufacturing and production. "(8) Business, cost estimating, financial management, and auditing. "(9) Education, training, and career development. , "(10) Construction. "(11) Joint development and production with other government agencies and foreign countries. "(c) MANAGEMENT HEADQUARTERS ACTIVITIES.The Secretary also shall designate as acquisition positions under subsection (a) those acquisition-related positions which are in management headquarters activities and in management headquarters support activities. For purposes of this subsection, 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," dated November 25, 1988.
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"1722. Career development "(a) CAREER PATHS.The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall ensure that appropriate career paths for civilian and military personnel who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the armed forces to the most senior acquisition positions. The Secretary shall make available published information on such career paths.
"(b) LIMITATION ON PREFERENCE FOR MILITARY PERSONNEL.(1)
The Secretary of Defense shall ensure that no requirement or preference for a member of the armed forces is used in the consideration of persons for acquisition positions, except as provided in the policy established under paragraph (2). "(2)(A) The Secretary shall establish a policy permitting a particular acquisition position to be specified as available only to members of the armed forces if a determination is made, under criteria specified in the policy, that a member of the armed forces is required for that position by law, is essential for performance of the duties of the position, or is necessary for another compelling reason. "(B) Not later than December 15 of each year, the Under Sec- Reports, retary of Defense for Acquisition shall submit to the Secretary a report that lists each acquisition position that is restricted to members of the armed forces under such policy and the recommendation of the Under Secretary as to whether such position should remain so restricted.
"(c) OPPORTUNITIES FOR CIVILIANS TO QUALIFY.The Secretary of
Defense shall ensure that civilian personnel are provided the opportunity to acquire the education, training, and experience necessary to qualify for senior acquisition positions. "(d) BEST QUALIFIED.The Secretary of Defense shall ensure that the policies established under this chapter are designed to provide for the selection of the best qualified individual for a position, consistent with other applicable law.
"(e) MANAGEMENT OF WORKFORCE.The Secretary of Defense
shall ensure that the acquisition workforce is managed such that, for each fiscal year from October 1, 1991, through September 30, 1996, there is a substantial increase in the proportion of civilians (as compared to armed forces personnel) serving in critical acquisition positions in general, in program manager positions, and in division head positions over the proportion of civilians (as compared to armed forces personnel) in such positions on October 1,1990. "(f) ASSIGNMENTS POLICY.(1) The Secretary of Defense shall establish a policy on assigning military personnel to acquisition positions that provides for a balance between (A) the need for personnel to serve in career broadening positions, and (B) the need for requiring service in each such position for sufficient time to provide the stability necessary to effectively carry out the duties of the position and to allow for the establishment of responsibility and accountability for actions taken in the position. "(2) In implementing the policy established under paragraph (1), the Secretaries of the military departments shall provide, as appropriate, for longer lengths of assignments to acquisition positions than assignments to other positions. "(g) PERFORMANCE APPRAISALS.The Secretary of each military department, acting through the service acquisition executive for
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that department, shall provide an opportunity for review and inclusion of any comments on any appraisal of the performance of a person serving in an acquisition position by a person serving in an acquisition position in the same acquisition career field. "(h) BALANCED WORKFORCE POUCY.In the development of defense acquisition workforce policies under this chapter with respect to any civilian employees or applicants for employment, the Secretary of Defense or the Secretary of a military department (as applicable) shall, consistent with the merit system principles set out in paragraphs (1) and (2) of section 2301(b) of title 5, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service. " 1723. General education, training, and experience requirements "(a) QuAUFiCATiON REQUIREMENTS.The Secretary of Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of complexity of duties carried out in the position. Unless otherwise provided in this chapter, such requirements shall take effect not later than October 1, 1993. In establishing such requirements for positions other than critical acquisition positions designated pursuant to section 1733 of this title, the Secretary may state the requirements by categories of positions.
"(b) LIMITATION ON CREDIT FOR TRAINING OR EDUCATION.Not
more than one year of a period of time spent pursuing a program of academic training or education in acquisition may be counted toward fulfilling any requirement established under this chapter for a certain period of experience. " 1724. Contracting positions: qualincation requirements "(a) CONTRACTING OFFICERS.The Secretary of Defense shall require that, beginning on October 1, 1993, in order to qualify to serve in an acquisition position as a contracting officer with authority to award or administer contracts for amounts above the small purchase threshold referred to in section 2304(g) of this title, a person must (except as provided in subsections (c) and (d)) "(1) have completed all mandatory contracting courses required for a contracting officer at the grade level, or in the position within the grade of the General Schedule (in the case of an employee), that the person is serving in; "(2) have at least two years of experience in a contracting position; "(3XA) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees, (B) have completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education in any of the following disciplines: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management, or (C) have passed an examination considered by the Secretary of Defense to demonstrate skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education in any of the disciplines listed in subparagraph (B); and
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"(4) meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense for the position. "(b) GS-1102 SERIES.The Secretary of Defense shall require that, beginning on October 1, 1993, a person may not be employed by the Department of Defense in the GS-1102 occupational series unless the person (except as provided in subsections (c) and (d)) meets the requirements set forth in subsection (a)(3). "(c) EXCEPTIONS.(1) The requirements set forth in subsections (aX3) and (b) shall not apply to any employee who, on October 1, 1991, has at least 10 years of experience in acquisition positions, in comparable positions in other government agencies or the private sector, or in similar positions in which an individual obtains experience directly relevant to the field of contracting. "(2) The requirements of subsections (a) and (b) shall not apply to any employee for purposes of qualifying to serve in the position in which the employee is serving on October 1, 1993, or any other position in the same grade and involving the same level of responsibilities as the position in which the employee is serving on such date. "(d) WAIVER.The acquisition career program board of a military department may waive any or all of the requirements of subsections (a) and (b) with respect to an employee of that military department if the board certifies that the employee possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the board shall set forth in a written document the rationale for its decision to waive such requirements. The document shall be submitted to and retained by the Director of Acquisition Education, Training, and Career Development. " 1725. OfHce of Personnel Management approval
"(a) QUALIFICATION REQUIREMENTS.The Secretary of Defense
shall submit any requirement with respect to civilian employees that is established under section 1723 or under section 1724(a)(4) of this title to the Director of the Office of Personnel Management for approval. If the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director. "(b) EXAMINATIONS.The Secretary of Defense shall submit examinations to be given to civilian employees under subsection (a)(3) or (b) of section 1724 of this title to the Director of the Office of Personnel Management for approval. If the Director does not disapprove an examination within 30 days after the date on which the Director receives the examination, the examination is deemed to be approved by the Director. "SUBCHAPTER IIIACQUISITION CORPS
"Sec. "1731. "1732. "1733. "1734. "1735. Acquisition Corps: in general. Selection criteria and procedures. Critical acquisition positions. Career development. Education, training, and experience requirements for critical acquisition positions.
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"1736. Applicability. "1737. Definitions and general provisions.
" 1731. Acquisition Corps: in general "(a) ACQUISITION CORPS.The Secretary of Defense shall ensure that an Acquisition Corps is established for each of the military departments and one or more Corps, as he considers appropriate, for the other components of the Department of Defense. A separate Acquisition Corps may be established for each of the Navy and the Marine Corps.
"(b) PROMOTION RATE FOR OFFICERS IN ACQUISITION CORPS.The
Secretary of Defense shall ensure that the qualifications of commissioned officers selected for an Acquisition Corps are such that those officers are expected, as a group, to be promoted at a rate not less than the rate for all line (or the equivalent) officers of the same armed force (both in the zone and below the zone) in the same grade. "(c) 0 P M APPROVAL.The Secretary of Defense shall submit any requirement with respect to civilian employees established under section 1732 of this title to the Director of the Office of Personnel Management for approval. If the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director. " 1732. Selection criteria and procedures "(a) SELECTION CRITERIA AND PROCEDURES.Selection for membership in an Acquisition Corps shall be made in accordance with criteria and procedures established by the Secretary of Defense. Such criteria and procedures shall be in effect on and after October 1,1993.
"(b) ELIGIBILITY CRITERIA.Except as provided in subsections (c)
and (d), only persons who meet all of the following requirements may be considered for service in the Corps: "(IXA) In the case of an employee, the person must be currently serving in a position within grade GS-13 or above of the General Schedule (including any employee covered by chapter 54 of title 5). "(B) In the case of a member of the armed forces, the person must be currently serving in the grade of major or, in the case of the Navy, lieutenant commander, or a higher grade. "(C) In the case of an applicant for employment, the person must have experience in government or industry equivalent to the experience of a person in a position described in subparagraph (A) or (B), as validated by the appropriate career program management board. "(2) The person must meet the educational requirements prescribed by the Secretary of Defense. Such requirements, at a minimum, shall include both of the following: "(A) A requirement that the person "(i) has received a baccalaureate degree at an accredited educational institution authorized to grant baccalaureate degrees, or "(ii) hgis been certified by the acquisition career program board of the employing military department as possessing significant potential for advancement to levels of greater responsibility and authority, based on
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demonstrated analytical and decisionmaking capabilities, job performance, and qualifying experience. "(B) A requirement that the person has completed "(i) at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education from among the following disciplines: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management; or "(ii) at least 24 semester credit hours (or the equivalent) from an accredited institution of higher education in the person's career field and 12 semester credit hours (or the equivalent) from such an institution from among the disciplines listed in clause (i). "(3) The person must meet experience requirements prescribed by the Secretary of Defense. Such requirements shall, at a minimum, include a requirement for at least four years of experience in an acquisition position in the Department of Defense or in a comparable position in industry or government. "(4) The person must meet such other requirements as the Secretary of Defense or the Secretary of the military department concerned prescribes by regulation. "(c) EXCEPTIONS.(1) The requirements of subsections (b)(2)(A) and (b)(2)(B) shall not apply to any employee who, on October 1,1991, has at least 10 years of experience in acquisition positions or in comparable positions in other government agencies or the private sector. "(2) The requirements of subsections (b)(2)(A) and (b)(2)(B) shall not apply to any employee who is serving in an acquisition position on October 1, 1991, and who does not have 10 years of experience as described in paragraph (1) if the employee passes an examination considered by the Secretary of Defense to demonstrate skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education from among the following disciplines: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management. The Secretary of Defense shall submit examinations to be given to civilian employees under this paragraph to the Director of the Office of Personnel Management for approval. If the Director does not disapprove an examination within 30 days after the date on which the Director receives the examination, the examination is deemed to be approved by the Director. "(d) WAIVER.(1) Except as provided in paragraph (2), the acquisition career program board of a military department may waive any or all of the requirements of subsection (b) with respect to an employee of that military department if the board certifies that the employee possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated analytical and decisionmaking capabilities, job performance, and qualifying experience. With respect to each waiver granted under this subsection, the board shall set forth in a written document the rationale for its decision to waive such requirements. The document shall be submitted to and retained by the Director of Acquisition Education, Training, and Career Development.
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"(2) The acquisition career program board of a military department may not waive the requirements of subsection (b)(2)(A)(ii). "(e) MOBILITY STATEMENTS.(1) The Secretary of Defense is authorized to require civilians in an Acquisition Corps to sign mobility statements. "(2) The Secretary of Defense shall identify which categories of civilians in an Acquisition Corps, as a condition of serving in the Corps, shall be required to sign mobility statements. The Secretary shall make available published information on such identification of categories. " 1733. Critical acquisition positions "(a) REQUIREMENT FOR CORPS MEMBER.On and after October 1, 1993, a critical acquisition position may be filled only by a member of an Acquisition Corps.
"(b) DESIGNATION OF CRITICAL ACQUISITION POSITIONS.(1) The
Secretary of Defense shall designate the acquisition positions in the Department of Defense that are critical acquisition positions. Such positions shall include the following: "(A) Any acquisition position which "(i) in the case of employees, is required to be filled by an employee in a position within grade GS-14 or above of the General Schedule (including an employee covered by chapter 54 of title 5), or in the Senior Executive Service; or "(ii) in the case of members of the armed forces, is required to be filled by a commissioned officer of the Army, Navy, Air Force, or Marine Corps who is serving in the grade of lieutenant colonel, or, in the case of the Navy, commander, or a higher grade. "(B) Other selected acquisition positions not covered by subparagraph (A), including the following: "(i) Program executive officer. "(ii) Program manager of a major defense acquisition program (as defined in section 2430 of this title) or of a significant nonmajor defense acquisition program (as defined in section 1736(a)(3) of this title). "(iii) Deputy program manager of a major defense acquisition program. "(C) Any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties. "(2) The Secretary shall periodically publish a list of the positions designated under this subsection. " 1734. Career development
"(a) THREE-YEAR ASSIGNMENT PERIOD.(1) Except as provided
under subsection (b), the Secretary of each military department, acting through the service acquisition executive for that department, shall provide that, on and after October 1, 1993, any person who is assigned to a critical acquisition position shall be assigned to the position for not fewer than three years. Except as provided in subsection (d), the Secretary concerned may not reassign a person from such an assignment before the end of the three-year period. "(2) A person may not be assigned to a critical acquisition position unless the person executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for at
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least three years. The service obhgation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b). "(b) ASSIGNMENT PERIOD FOR PROGRAM MANAGERS.(1) The Sec- Regulations, retary of Defense shall prescribe in regulations "(A) a requirement that, on and after October 1, 1991, a program manager and a deputy program manager of a major defense acquisition program be assigned to the position at least until completion of the major milestone that occurs closest in time to the date on which the person has served in the position for four years; and "(B) a requirement that, on and after October 1, 1991, to the maximum extent practicable, a program manager who is the replacement for a reassigned program manager arrive at the assignment location before the reassigned program manager leaves. Except as provided in subsection (d), the Secretary concerned may not reassign a program manager or deputy program manager from such an assignment until after such major milestone has occurred. "(2) A person may not be assigned to a critical acquisition position as a program manager or deputy program manager of a major defense acquisition program unless the person executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position at least until completion of the first major milestone that occurs closest in time to the date on which the person has served in the position for four years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (d).
"(c) MAJOR MILESTONE REGULATIONS.(1) The Secretary of De-
fense shall issue regulations defining what constitutes major milestones for purposes of this section. The service acquisition executive of each military department shall establish major milestones at the beginning of a major defense acquisition program consistent with such regulations and shall use such milestones to determine the assignment period for program managers and deputy program managers under subsection (b). "(2) The regulations shall require that major milestones be clearly definable and measurable events that mark the completion of a significant phase in a major defense acquisition program and that such milestones be the same as the milestones contained in the baseline description established for the program pursuant to section 2435(a) of this title. The Secretary shall require that the major milestones as defined in the regulations be included in the Selected Acquisition Report required for such program under section 2432 of this title. "(d) WAIVER OF ASSIGNMENT PERIOD.(1) With respect to a person assigned to a critical acquisition position, the Secretary concerned may waive the prohibition on reassignment of that person (in subsection (a)(1) or (b)(1)) and the service obligation in an agreement executed by that person (under subsection (a)(2) or (b)(2)), but only in exceptional circumstances in which a waiver is necessary for reasons permitted in regulations prescribed by the Secretary of Defense. "(2) The authority to grant such waivers may be delegated by the service acquisition executive of a military department only to the
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Regulations.
Director of Acquisition Career Management for the military department. "(3) With respect to each waiver granted under this subsection, the service acquisition executive (or his delegate) shall set forth in a written document the rationale for the decision to grant the waiver. The document shall be submitted to the Director of Acquisition Education, Training, and Career Development. "(e) ROTATION POLICY.(1) The Secretary of Defense shall establish a policy encouraging the rotation of members of an Acquisition Corps serving in critical acquisition positions to new assignments after completion of five years of service in such positions, or, in the case of a program manager, after completion of a major program milestone, whichever is longer. Such rotation policy shall be designed to ensure opportunities for career broadening assignments and an infusion of new ideas into critical acquisition positions. "(2) The Secretary of Defense shall establish a procedure under which the assignment of each person assigned to a critical acquisition position shall be reviewed on a case-by-case basis, by the acquisition career program board of the department concerned, for the purpose of determining whether the Government and such person would be better served by a reassignment to a different position. Such a review shall be carried out with respect to each such person not later than five years after that person is assigned to a critical position. "(f) CENTRALIZED JoB REFERRAL SYSTEM.The Secretary of Defense shall prescribe regulations providing for the use of centralized lists to ensure that persons are selected for critical positions without regard to geographic location of applicants for such positions. "(g) EXCHANGE PROGRAM.(1) The Secretary of Defense shall establish, for purposes of broadening the experience of members of each Acquisition Corps, a test program in which members of a Corps serving in a military department or Defense Agency are assigned or detailed to an acquisition position in another department or agency. Under the test program, the Secretary of Defense shall ensure that, to the maximum extent practicable, at least 5 percent of the members of the Acquisition Corps shall serve in such exchange assignments each year. The test program shall operate for not less than a period of three years. "(2) The Secretary of Defense shall submit the portion of the test program applicable to civilian employees to the Director of the Office of Personnel Management for approval. If the Director does not disapprove that portion of the test program within 30 days after the date on which the Director receives it, that portion of the test program is deemed to be approved by the Director. "(h) RESPONSIBILITY FOR ASSIGNMENTS.The Secretary of each military department, acting through the service acquisition executive for that department, is responsible for making assignments of civilian and military members of the Acquisition Corps of that military department to critical acquisition positions. " 1735. Education, training, and experience requirements for critical acquisition positions "(a) QUALIFICATION REQUIREMENTS.In establishing the education, training, and experience requirements under section 1723 of this title for critical acquisition positions, the Secretary of Defense shall, at a minimum, include the requirements set forth in subsections (b) through (e).
PUBLIC LAW 101-510-NOV. 5, 1990

"(b)
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PROGRAM MANAGERS AND DEPUTY PROGRAM MANAGERS.
Before being assigned to a position as a program manager or deputy program manager of a major defense acquisition program or a significant nonmajor defense acquisition program, a person "(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution determined to be comparable by the Secretary of Defense; "(2) must have executed a written agreement as required in section 1734(b)(2); and "(3) in the case of "(A) a program manager or deputy program manager of a major defense acquisition program, must have at least eight years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization; and "(B) a program manager or deputy program manager of a significant nonmajor defense acquisition program, must have at least six years of experience in acquisition. "(c) PROGRAM EXECUTIVE OFFICERS.Before being assigned to a position as a program executive officer, a person "(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution in the private sector determined to be comparable by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition; "(2) must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position; and "(3) must have held a position as a program manager or a deputy program manager.
"(d) GENERAL AND FLAG OFFICERS AND CIVILIANS IN EQUIVALENT
POSITIONS.Before a general or flag officer, or a civilian serving in a position equivalent in grade to the grade of such an officer, may be assigned to a critical acquisition position, the person must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position.
"(e) SENIOR CONTRACTING OFFICIALS.Before a person may be
assigned to a critical acquisition position as a senior contracting official, the person must have at least four years experience in contracting. " 1736. Applicability "(a) I N GENERAL.Except as provided in subsections (b) and (c), the qualification requirements prescribed pursuant to section 1735 shall apply to all critical acquisition positions not later than October 1,1992. "(b) PROGRAM MANAGERS.The qualification requirements prescribed pursuant to section 1735 shall apply with respect to program manager positions not later than October 1,1991. "(c) EXCEPTIONS.The qualification requirements prescribed pursuant to sections 1733(a) and 1735(a) shall not apply "(1) to an employee who is serving in a critical acquisition position on October 1, 1992, for purposes of qualifying to continue to serve in such position; or
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PUBLIC LAW 101-510NOV. 5, 1990 "(2) to a person who is serving in a program manager position on October 1, 1991, for purposes of qualifjdng to continue to serve in such position.
" 1737. DeHnitions and general provisions "(a) DEFINITIONS.In this subchapter: "(1) The term 'program manager' means, with respect to a defense acquisition program, the member of an Acquisition Corps responsible for managing the program, regardless of the title given the member. "(2) The term 'deputy program manager' means the person who has authority to act on behalf of the program manager in the absence of the program manager. "(3) The term 'significant nonmajor defense acquisition program' means a Department of Defense acquisition program that is not a major defense acquisition program (as defined in section 2430 of this title) and that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $50,000,000 Glased on fiscal year 1980 constant dollars) or an eventual total expenditure for procurement of more than $250,000,000 (based on fiscal year 1980 constant dollars). "(4) The term 'program executive officer' has the meaning given such term in regulaltions prescribed by the Secretary of Defense. "(5) The term 'senior contracting official' means a director of contracting, or a principal deputy to a director of contracting, serving in the office of the Secretary of a military department, the headquarters of a military department, the head of a Defense Agency, a subordinate command headquarters, or in a major systems or logistics contracting activity in the Department of Defense. "(b) LIMITATION.Any civilian or military member of the Corps who does not meet the education, training, and experience requirements for a criticed acquisition position established under this subchapter may not carry out the duties or exercise the authorities of that position, except for a period not to exceed six months, unless a waiver of the requirements is granted under subsection (c). "(c) WAIVER.(1) The Secretary of each military department (acting through the service acquisition executive for that department) or the Secretary of Defense (acting through the Under Secretary of Defense for Acquisition) for Defense Agencies and other components of the Department of Defense may waive, on a case-bycase basis, the requirements established under this subchapter with respect to the assignment of an individual to a particular critical acquisition position. Such a waiver may be granted only if unusual circumstances justify the waiver or if the Secretary concerned (or official to whom the waiver authority is delegated) determines that the individual's qualifications obviate the need for meeting the education, training, and experience requirements established under this subchapter. "(2) The authority to grant such waivers may be delegated "(A) in the case of the service acquisition executives of the military departments, only to the Director of Acquisition Career Management for the military department concerned; and
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"(B) in the case of the Under Secretary of Defense for Acquisition, only to the Director of Acquisition, Education, Training, and Career Development. "(d) 0 P M APPROVAL.The Secretary of Defense shall submit any requirement with respect to civilian employees established under this subchapter to the Director of the Office of Personnel Management for approval. If the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director. "SUBCHAPTER IVEDUCATION AND TRAINING
"Sec. "1741. "1742. "1743. "1744. "1745. Policies and programs: establishment and implementation. . Intern program. Cooperative education program. Scholarship program. Additional education and training programs available to acquisition personnel. "1746. Defense acquisition university structure.
" 1741. Policies and programs: establishment and implementation "(a) POLICIES AND PROCEDURES.The Secretary of Defense shall establish policies and procedures for the establishment and implementation of the education and training programs authorized by this subchapter. "(b) FUNDING LEVELS.The Under Secretary of Defense for Acquisition each year shall recommend to the Secretary of Defense the funding levels to be requested in the defense budget to implement the education and training programs under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department of Defense budget justification documents submitted in support of the President's budget submitted to Congress under section 1105 of title 31. "(c) PROGRAMS.The Secretary of each military department, acting through the service acquisition executive for that department, shall establish and implement the education and training programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military department concerned and, to the maximum extent practicable, uniformly with the programs of the other military departments. " 1742. Intern program "The Secretary of Defense shall require that each military department conduct an intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into the Acquisition Corps. " 1743. Cooperative education program "The Secretary of Defense shall require that the Secretary of each military department conduct a department-wide cooperative education credit program under which students are employed by the Department of Defense in acquisition positions. Under the program, the Secretary shall enter into cooperative arrangements with one or more accredited institutions of higher education which provide for
104 STAT. 1652
such institutions to grant undergraduate credit for work performed in such a position. " 1744. Scholarship program "(a) EsTABUSHMENT.The Secretary of Defense shall establish a scholarship program for the purpose of qualif5dng personnel for acquisition positions in the Department of Defense. ' (b) ELIGIBILITY.To be eligible to participate in the scholarship program, an individual must "(1) be accepted for enrollment or be currently enrolled as a full-time student at an accredited educational institution authorized to grant baccalaureate or graduate degrees (as appropriate); "(2) be pursuing a course of education that leads toward completion of a bachelor's, master's, or doctor's degree (as appropriate) in a qualifying field of study, as determined by the Secretary of Defense; "(3) sign an agreement described in subsection (c) under which the participant agrees to serve a period of obligated service in the Department of Defense in an acquisition position in return for payment of educational assistance as provided in the agreement; and "(4) meet such other requirements as the Secretary prescribes. "(c) AGREEMENT.An agreement between the Secretary of Defense and a participant in the scholarship program established . under this section shall be in writing, shall be signed by the participant, and shall include the following provisions: "(1) The Secretary's agreement to provide the participant with educational assistance for a specified number (from one to four) of school years during which the participant is pursuing a course of education in a qualifying field of study. The assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend. "(2) The participant's agreement (A) to accept such educational assistance, (B) to maintain enrollment and attendance in the course of education until completed, (C) while enrolled in such course, to maintain an acceptable level of academic standing (as prescribed by the Secretary), and (D) after completion of the course of education, to serve as a full-time employee in an acquisition position in the Department of Defense for a period of time of one calendar year for each school year or part thereof for which the participant was provided a scholarship under the scholarship program. "(d) REPAYMENT.(1) Any person participating in a program established under this section shall agree to pay to the United States the total amount of educational assistance provided to the person under the program if the person is voluntarily separated from service or involuntarily separated for cause from the Department of Defense before the end of the period for which the person has agreed to continue in the service of the Department of Defense in an acquisition position. "(2) If an employee fails to fulfill his gigreement to pay to the Government the total amount of educational assistance provided to the person under the program, a sum equal to the amount of the educational assistance is recoverable by the Government from the employee or his estate by
104 STAT. 1653
"(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and "(B) such other method as is provided by law for the recovery of amounts owing to the Government. "(3) The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States. " 1745. Additional education and training programs available to acquisition personnel
"(a) TUITION REIMBURSEMENT AND TRAINING.The Secretary of
Defense shall provide for tuition reimbursement and training (including a full-time course of study leading to a degree) under section 4107(d) of title 5 for acquisition personnel in the Department of Defense for the purposes described in that section. For purposes of such section 4107(d), there is deemed to be, until September 30, 2001, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense. "(b) REPAYMENT OF STUDENT LOANS.The Secretary of Defense may repay all or part of a student loan under section 5379 of title 5 for an employee of the Department of Defense appointed to an acquisition position. " 1746. Defense acquisition university structure "(a) DEFENSE ACQUISITION UNIVERSITY STRUCTURE.(1) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall establish and maintain a defense acquisition university structure to provide for "(A) the professional educational development and training of the acquisition workforce; and "(B) research and analysis of defense acquisition policy issues from an academic perspective. "(b) CIVILIAN FACULTY MEMBERS.(1) The Secretary of Defense may employ as many civilians as professors, instructors, and lecturers in the defense acquisition university structure as the Secretary considers necessary. "(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary. "(3) In this subsection, the term 'defense acquisition university' includes the Defense Systems Management College. "SUBCHAPTER VGENERAL MANAGEMENT PROVISIONS
"Sec. "1761. "1762. "1763. "1764. Management information system. Report to Secretary of Defense. Reassignment of authority. Authority to establish different minimum experience requirements.
" 1761. Management information system "(a) IN GENERAL.The Secretary of Defense shall prescribe regu- Regulations, lations to ensure that the military departments and Defense Agencies establish a management information system capable of providing standardized information to the Secretary on persons serving in acquisition positions.
104 STAT. 1654

Records.
"(b) MINIMUM INFORMATION.The management information system shall, at a minimum, provide for "(1) the collection and retention of information concerning the qualifications, assignments, and tenure of persons in the acquisition workforce; "(2) any exceptions and waivers granted with respect to the application of qualification, assignment, and tenure policies, procedures, and practices to such persons; "(3) relative promotion rates for military personnel in the acquisition workforce; and "(4) collection of the information necessary for the Under Secretary of Defense for Acquisition and the Secretary of Defense to comply with the requirements of section 1762 for the years in which that section is in effect. " 1762. Report to Secretary of Defense
"(a) REPORT OF UNDER SECRETARY OF DEFENSE FOR ACQUISITION.
Each year the Under Secretary of Defense for Acquisition shall transmit to the Secretary of Defense a report on the status of the defense acquisition workforce. Each annual report shall include, for each military department and Defense Agency and the Office of the Secretary of Defense, information on each category of information referred to in subsection (c). "(b) INCLUSION OF INFORMATION IN ANNUAL REPORT.The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of this title the information in the report transmitted to the Secretary under subsection (a). "(c) INFORMATION.The following information shall be included in the report transmitted to the Secretary under subsection (a) for the period covered by the report (which shall be shown for the Department of Defense as a whole and, with respect to paragraphs (1) through (12), separately for the Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office of the Secretary of Defense): "(1) The number of acquisition positions specified under the policy established under section 1722(b)(2) of this title as being available, as of December 1 of the period covered by the report, only to members of the armed forces, set forth separately under each criterion established in the policy, together with a discussion of the types of positions that are so specified. "(2) The total number of persons serving in the Acquisition Corps as of December 1 of the period covered by the report, set forth separately for members of the armed forces and civilian employees, by grade level and by functional specialty. "(3) The total number of critical acquisition positions held as of December 1 of the period covered by the report, set forth separately for members of the armed forces and civilian employees, by grade level and by other appropriate categories (including by program manager, deputy program manager, and division head positions). For each such category, the report shall specify the number of civilians holding such positions compared to the total number of positions filled. "(4)(A) The promotion rate for officers in an acquisition corps considered for promotion from within the promotion zone, compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade, shown for all officers of the same armed force and for all line (or the equivalent) officers of the same armed force.
104 STAT. 1655
"(B) The promotion rate for officers in an acquisition corps considered for promotion from below the promotion zone, compared in the same manner as specified in subparagraph (A). "(C) If the promotion rates fail to meet the objective of section 1731(b) of this title, the Secretary of Defense shall notify Congress of such failures and of what actions the Secretary has taken or plans to take in reaction to such failures. "(5) The number of employees who met the requirement of section 1724(a)(3) or section 1724(b) of this title by passing an exam as described in section 1724(a)(3)(C), set forth separately for contracting officers and persons in the GS-1102 occupational series. "(6) The number of employees to whom the requirements of subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this title did not apply because of the exceptions provided in paragraphs (1) and (2) of section 1732(c) of this title, set forth separately by type of exception. "(7) The number of employees certified by an acquisition career program board under section 1732(b)(2)(A)(ii) of this title. "(8) The number of program managers and deputy program managers who were reassigned after completion of a major milestone occurring closest in time to the date on which the person has served in the position for four years (as required under section 1734(b) of this title), and the proportion of those reassignments to the total number of reassignments of program managers and deputy program managers, set forth separately for program managers and deputy program managers. The Secretary also shall include the average length of assignment served by program managers and deputy program managers so reassigned. "(9) The number of persons, excluding those reported under paragraph (8), in critical acquisition positions who were reassigned after a period of three years or longer (as required under section 1734(a) of this title), and the proportion of those reassignments to the total number of reassignments of persons, excluding those reported under paragraph (8), in critical acquisition positions. "(10) The number of times a waiver authority was exercised under section 1724(d), 1732(d), 1734(d), or 1736(c) of this title or any other provision of this chapter (or other provision of law) which permits the waiver of any requirement relating to the acquisition workforce, and in the case of each such authority, the reasons for exercising the authority. The Secretary may present the information provided under this paragraph by category or grouping of types of waivers and reasons. "(11) The number of persons reviewed for reassignment pursuant to section 1734(e)(2) of this title and the number of persons reassigned as a result of such reviews, together with a discussion of the criteria used to determine reassignments. "(12) The number of persons participating in each of the programs described in sections 1742 through 1745 of this title, as of December 1 of the period covered by the report. "(13) The number of persons paid a bonus under section 317 of title 37 and the number of years of service agreed to, for each such bonus, by category. "(14) Such other information and comparative data as the Secretary of Defense considers appropriate to demonstrate the
104 STAT. 1656
PUBLIC LAW 1 0 1 - 5 1 0 - N O V . 5, 1990
performance of the Department of Defense and the performance of each military department in carrying out this chapter. "(d) EFFECTIVE DATE.The requirements of this section shall apply to the years 1991 through 1998. " 1763. Reassignment of authority "On and after October 1, 1993, the Secretary of Defense may assign the responsibilities under this chapter of the Under Secretary of Defense for Acquisition to any other civilian official in the Office of the Secretary of Defense who is appointed by the President by and with the advice and consent of the Senate. If the Secretary takes action under the preceding sentence, he may authorize the secretaries of the military departments to assign the responsibilities of a senior acquisition executive under this chapter to any other civilian official in the military department who is appointed by the President by and with the advice and consent of the Senate. " 1764. Authority to establish different minimum experience requirements "(a) AUTHORITY.During the six-year period beginning on October 1, 1992, and ending on September 30, 1998, the Secretary of Defense may prescribe a different minimum number of years of experience to be required for eligibility for appointment to an acquisition position referred to in subsection (b) than is required for such position under or pursuant to any provision of this chapter. Any requirement prescribed under this section for a position referred to in any paragraph of subsection (b) shall be applied uniformly to all positions referred to in such paragraph. "(b) APPUCABILITY.This section applies to the following acquisition positions in the Department of Defense: "(1) Contracting officer. "(2) Program executive officer. "(3) Senior contracting official. "(c) 0PM APPROVAL.The Secretary of Defense shall submit any requirement with respect to civilian employees that is prescribed under this section to the Director of the Office of Personnel Management for approval if the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director. "(d) REPORT.The Secretary of Defense shall notify Congress of each requirement prescribed under subsection (a) together with his reasons for prescribing such requirement.". (b) CLERICAL AMENDMENT.The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part II of such subtitle are each amended by striking out the item relating to chapter 85 and inserting in lieu thereof the following:
"87. Defense Acquisition Workforce 1701". SEC. 1203. SPECIAL PAY FOR CERTAIN OFFICERS HOLDING CRITICAL ACQUISITION POSITIONS.
(a) AUTHORITY FOR SPECIAL PAY.(1) Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:
104 STAT. 1657
** 317. Special pay: ofHcers in critical acquisition positions extending period of active duty "(a) BONUS AUTHORIZED.An officer described in subsection (b) who executes a written agreement to remain on active duty in a critical acquisition position for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section. "(b) COVERED OFFICERS.An officer referred to in subsection (a) is an officer of the Army, Navy, Air Force, or Marine Corps who "(1) is a member of an Acquisition Corps selected to serve in, or serving in, a critical acquisition position designated under section 1733 of title 10; and "(2) is eligible to retire, or is assigned to such position for a period that will extend beyond the date on which the officer will be eligible to retire, under any provision of law. "(c) AMOUNT OF BONUS.The amount of a bonus paid under this section for each year a member agrees to remain on active duty may not be more than 15 percent of the annual rate of basic pay paid to the member at the time the member executes a written agreement under this section. "(d) PAYMENT OF BONUS.Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments. "(e) ADDITIONAL PAY.A bonus paid under this section is in addition to other pay and allowances to which an officer is entitled. "(f) REPAYMENT OF BONUS.(1) If an officer who has entered into a written agreement under subsection (a) and who has received all or part of a bonus under this section fails to complete the total period of active duty specified in the agreement, the Secretary concerned may require the officer to repay the United States, on a pro rata basis and to the extent that the Secretary determines conditions and circumstances warrant, all sums paid under this section. "(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. "(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of a written agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). This paragraph applies to any case commenced under title 11 after January 1,1991. "(g) PERIOD OF COMMITMENT.The period of active duty agreed upon by an officer in a written agreement under this section is in addition to any other service commitment of the officer, except that any period of active duty agreed upon in a written agreement under subsection (a)(2) or 03X2) of section 1734 of title 10 by the officer may be counted concurrently with the commitment under this section. "(h) REGULATIONS.The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"317. Special pay: officers in critical acquisition positions extending period of active duty.".
104 STAT. 1658

37 use 317 note.
10 use 1746
Regulations.
(b) EFFECTIVE DATE.Section 317 of title 37, United States Code, as added by subsection (a), shall take effect as of October 1, 1991. SEC. 1204. DEFINITION OF SERVICE ACQUISITION EXECUTIVE Section 101 of title 10, United States Code, is amended by adding at the end the following: "(46) The term 'service acquisition executive' means the civilian official within a military department who is designated as the service acquisition executive for purposes of regulations and procedures providing for a service acquisition executive for that military department.", SEC. 1205. DEFENSE ACQUISITION UNIVERSITY STRUCTURE (a) ESTABLISHMENT OF STRUCTURE.Not later than October 1, 1991, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall prescribe regulations for the initial structure for a defense acquisition university under section 1746 of title 10, United States Code (as added by section 1202). The regulations shall include the following: (1) Operation under a charter developed by the Secretary of Defense. (2) Establishment of a university mission to achieve objectives formulated by the Secretary of Defense. Such objectives shall include (A) the achievement of more efficient and effective use of available acquisition resources by coordinating Department of Defense acquisition education and training programs and tailoring them to support the careers of personnel in acquisition positions; and (B) the development of education, training, research, and publication capabilities in the area of acquisition. (3) Establishment of appropriate lines of authority (including relationships between the university and each of the existing acquisition education and training institutions and activities) and accountability for the accomplishment of the university mission (as established by the Secretary). (4) A coherent framework for the educational development of personnel in acquisition positions. Such framework shall cover courses of instruction from the basic level through intermediate and senior levels. At the senior level, the framework shall provide for a senior course as a substitute for, and equivalent to, existing senior professional military educational school courses, specifically designed for personnel serving in critical acquisition positions. (5) Appropriate organizations, such as a policy guidance council, composed of senior Department of Defense officials, to recommend or establish policy, and a board of visitors, composed of persons selected for their preeminence in the fields of academia, business, and the defense industry, to advise on organization management, curricula, methods of instruction, facilities, and other matters of interest to the university. (6) An appropriate centralized mechanism, under the Under Secretary of Defense for Acquisition, to control the allocation of resources for purposes of conducting mandatory acquisition courses and other training, education, and research activities to achieve the objectives of the university, such as funding for
104 STAT. 1659
students to attend courses of instruction, funding to conduct the courses, and funding to pay instructor salaries, (b) IMPLEMENTATION.Not later than October 1, 1991, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall prescribe and submit to the Committees on Armed Services of the Senate and House of Representatives an implementation plan, including a charter, for the defense acquisition university structure. Not later than August 1, 1992, the Secretary of Defense shall carry out the implementation plan.
SEC. 1206. ACQUISITION WORKFORCE ENHANCEMENTS
(a) DEGREE TRAINING.Section 4107 of title 5, United States Code, is amended (1) in subsection (c), by striking "This" and inserting "Except as provided in subsection (d) of this section, this"; and (2) by inserting after subsection (c) the following: "(d)(1) The regulations prescribed under section 4118 of this title shall include provisions under which the head of an agency may provide training, or payment or reimbursement for the costs of any training, not otherwise allowable under subsection (c) of this section, if necessary to assist in the recruitment or retention of employees in occupations in which the Government has or anticipates a shortage of qualified personnel, especially in occupations involving critical skills (as defined under such regulations). "(2) In exercising any authority under this subsection, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of this title, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service. "(3) No authority under this subsection may be exercised on behalf of any employee occupjdng or seeking to qualify for appointment to any position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character.". Q)) REPAYMENT OF STUDENT LOANS.(1) Subchapter VII of chapter 53 of title 5, United States Code, is amended by adding at the end the following: " 5379. Student loan repayments "(aXD For the purpose of this section "(A) the term 'agency' means an agency under subparagraph (A), (B), (C), (D), or (E) of section 4101(1) of this title; and "(B) the term 'student loan' means "(i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965; "(ii) a loan made under part E of title IV of the Higher Education Act of 1965; and "(iii) a health education assistance loan made or insured under part C of title VII of Public Health Service Act or under part B of title VIII of such Act. "(2) An employee shall be ineligible for benefits under this section if such employee occupies a position which "(A) is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policyadvocating character; or "(B) is not subject to subchapter III of this chapter. '^
104 STAT. 1660
"(b)(1) The head of an agency may, in order to recruit or retain highly qualified professional, technical, or administrative personnel, establish a program under which the agency may agree to repay (by direct payments on behalf of the employee) any student loan previously taken out by such employee. "(2) Payments under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the agency and employee concerned, except that the amount paid by an agency under this section may not exceed "(A) $6,000 for any employee in any calendar year; or "(B) a total of $40,000 in the case of any employee. "(3) Nothing in this section shall be considered to authorize an agency to pay any amount to reimburse an employee for any repayments made by such employee prior to the agency's entering into an agreement under this section with such employee. "(c)(1) An employee selected to receive benefits under this section must agree in writing, before receiving any such benefit, that the employee will "(A) remain in the service of the agency for a period specified in the agreement (not less than 3 years), unless involuntarily separated; and "(B) if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, repay to the Government the amount of any benefits received by such employee from that agency under this section. "(2) The payment agreed to under paragraph (1)(B) of this subsection may not be required of an employee who leaves the service of such employee's agency voluntarily to enter into the service of any other agency unless the head of the agency that authorized the benefits notifies the employee before the effective date of such employee's entrance into the service of the other agency that payment will be required under this subsection. "(3) If an employee who is involuntarily separated on account of misconduct or who (excluding any employee relieved of liability under paragraph (2) of this subsection) is voluntarily separated before completing the required period of service fails to repay the amount agreed to under paragraph (1)(B) of this subsection, a sum equal to the amount outstanding is recoverable by the Government from the employee (or such employee's estate, if applicable) by "(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and "(B) such other method as is provided by law for the recovery of amounts owing to the Government. The head of the agency concerned may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest, "(4) Any amount repaid by, or recovered from, an individual (or an estate) under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations (if any), as the sums with which merged. "(d) An employee receiving benefits under this section from an agency shall be ineligible for continued benefits under this section from such agency if the employee
104 STAT. 1661
"(1) separates from such agency; or "(2) does not maintain an acceptable level of performance, as determined under standards and procedures which the agency head shall by regulation prescribe. "(e) In selecting employees to receive benefits under this section, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of this title, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service. "(f) Any benefit under this section shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved. "(g) The Director of the Office of Personnel Management, after consultation with heads of a representative number and variety of agencies and any other consultation which the Director considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to provide for reasonable uniformity among programs under this section.". (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following:
"5379. Student loan repajmient.".
Equal employment opportunity.
Regulations.
(c) RELOCATION EXPENSES.Section 5724a(aX2) of title 5, United States Code, is amended by striking out "continental" in the second sentence.
(d) EXPENSES RELATED TO DEATH OF EMPLOYEES IN SPECIFIED
CIRCUMSTANCES.Section 5742 of title 5, United States Code, is amended (1) in subsection (b), by inserting "continental" after "outside the" each place it appears in paragraphs (1) and (2); and (2) by adding at the end the following new subsection: "(e) Employees covered by this section include an employee who has been reassigned away from the employee's home of record pursuant to a mandatory mobility agreement executed as a condition of employment.".
(e) OPTIONAL EXCLUSION OF PERFORMANCE RATINGS FOR CERTAIN TEMPORARY EMPLOYEES.Section 4301(2) of title 5, United States
Code, is amended (1) by striking out "or" at the end of subparagraph (F); (2) by striking out "and" at the end of subparagraph (G) and inserting in lieu thereof "or"; and (3) by inserting after subparagraph (G) the following new subparagraph: "(H) an individual who (i) is serving in a position under a temporary appointment for less than one year, (ii) agrees to serve without a performance evaluation, and (iii) will not be considered for a reappointment or for an increase in pay based in whole or in part on performance; and ". DEFENSE.Section 3326 of title 5, United States Code, shall not be in effect for the period beginning on the date of the enactment of this Act and ending two years after such date.
(f) SUSPENSION OF RESTRICTIONS ON APPOINTMENT OF RETIRED 5 u s e 3326 note. MEMBERS OF THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF
104 STAT. 1662
(g) ADJUSTMENT OF AMOUNT PAYABLE ON THE BASIS OF DUTY AT REMOTE WORKSITE.Section 5942 of title 5, United States Code, is
amended (1) by inserting "(a)" before "Notwithstanding"; and (B) by adding at the end the following new subsection: "(b) Under procedures prescribed by the President, the maximum allowance specified in subsection (a) may be adjusted from time to time in the interest of recruiting and retaining employees for performance of duty at remote worksites.".
(h) SEPARATE MAINTENANCE ALLOWANCE FOR EMPLOYEES IN
PANAMA.Section 5924(3) of title 5, United States Code, is amended by adding at the end the following: "Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term 'foreign area' includes the Republic of Panama.".
(i) CRITICAL-POSITION PAY AUTHORITY.
(1) I N GENERAL.Subchapter VII of chapter 53 of title 5, United States Code, as amended by subsection (b), is further amended by adding at the end the following new section: " 5380. Pay authority for critical positions "(a) For the purpose of this section "(1) the term 'agency' has the meaning given it by section 5102; and "(2) the term 'position' means "(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; "(B) a position under the Executive Schedule under sections 5312-5317 of this title; "(C) a position to which section 5372 of this title applies (or would apply, but for this section); and "(D) a position to which section 5372a of this title applies (or would apply, but for this section). "(b) Authority under this section "(1) may be granted or exercised only with respect to a position "(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and "(B) which is critical to the agency's successful accomplishment of an important mission; and "(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. "(c) The Office of Personnel Management may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. "(d)(1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted. "(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President.
. PUBLIC LAW 101-510NOV. 5, 1990
104 STAT. 1663
"(e) The authority to fix the rate of basic pay under this section for a position shall terminate "(1) whenever the Office determines (in accordance with such procedures and subject to such terms or conditions as the Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or "(2) as of such date as the Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year. "(f) The Office may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II. "(g) The Office shall consult with the Office of Management and Budget before prescribing regulations under this section or making any decision to grant or terminate any authority under this section. "(h) The Office of Personnel Management shall report to the Reports. Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include "(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and "(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate or rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.". (2) TABLE OP SECTIONS.The table of sections for chapter 53 of title 5, United States (Dode, is amended by adding at the end the following new item:
"5380. Pay authority for critical positions.".
(3) TERMINATION.(A) Unless section 5380 of title 5, United 5 USC 5380 note. States Code, as added by paragraph (1), does not take effect as provided in subparagraph (B), such section shall cease to be in effect on the earlier of October 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990. (B) Section 5380 of title 5, United States C!ode, as added by paragraph (1), shall not take effect if the Federal Employees Pay Comparability Act of 1990 is enacted before the date of the enactment of this Act. 5532.Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection: "(g)(1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency "(A) waive the application of the preceding provisions of this section on a Cise-by-case basis for employees in positions for
(j) REEMPLOYMENT OF RETIREES. (1) AMENDMENT TO 5 u.s.c.
104 STAT. 1664
Regulations.
Regulations.
Regulations.
which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B),". (2) AMENDMENT TO 5 u.s.c. 8344.Section 8344 of title 5, United States Code, is amended by adding at the end the following new subsection: "(i)(l) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency "(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). "(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of this chapter or chapter 84 while such waiver is in effect.". (3) AMENDMENT TO 5 u.s.c. 8468.Section 8468 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(f)(1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency "(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). "(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the
104 STAT. 1665
purposes of chapter 83 or this chapter while such waiver is in effect.". (4) TERMINATION.(A) Unless sections 5532(g), 8344(i), and 5 u s e 5532 note. 8468(f) of title 5, United States Code, as added by this subsection, do not take effect as provided in subparagraph (B), such sections shall cease to be in effect on the earlier of October 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990. (B) Sections 5532(g), 8344(i), and 8468(f) of title 5, United States Code, as added by this subsection, shall not take effect if the Federal Employees Pay Comparability Act of 1990 is enacted before the date of the enactment of this Act.
SEC. 1207. REPEAL OF CERTAIN PROVISIONS (a) ASSIGNMENT OF CONTRACTING OFFICERS.Section 925 of the
Department of Defense Authorization Act, 1986 (10 U.S.C. 2304 note) is hereby repealed.
(b) TOUR OF DUTY OF PROGRAM MANAGERS.Subsection (c) of
section 2435 of title 10, United States Code, is repealed, effective on October 1,1991. (c) CONFORMING CHAPTER 85 REPEALS.(1) Section 1622 of title 10, United States Code (relating to program managers) is repealed effective October 1,1991. (2) For purposes of section 1623(b) of such title, beginning on 10 u s e 1623 October 1, 1991, and ending on September 30, 1992, general and flag note. officers must meet the education and experience requirements for program m a n n e r s prescribed under section 1622(b) of such title as such requirements were in effect on October 1,1990. (3) Section 1623 of such title is repealed effective October 1, 1992. (4) Sections 1621 and 1624 of such title are repealed effective October 1,1993.
SEC. 1208. EVALUATION BY COMPTROLLER GENERAL
(a) EVALUATION.The Comptroller General shall conduct an independent evaluation of the actions taken by the Secretary of Defense to carry out the requirements of this title and the amendments made by this title. Not later than two years after the date of Reports, the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the evaluation required by this subsection. Such report shall include (1) an analysis of the effectiveness of the actions taken by the Secretary to carry out the requirements of this Act and the amendments made by this title; and (2) such legislative and administrative recommendations as the Comptroller General considers appropriate to meet the objectives of this title and the amendments made by this title. (b) ANNUAL REPORTS.(1) For each of the years 1991 through 1998, the Comptroller General shall review the waiver documents submitted to the Director of Acquisition Education, Training, and Career Development under sections 1724(d), 1732(d), and 1734(d) of this title. In conducting the review, the Comptroller General shall determine whether waivers were granted in compliance with this chapter. (2) The Comptroller General shall submit to Congress a report on the results of each review conducted pursuant to paragraph (1). The report shall include a general discussion of the use of the waiver authority provided under this chapter and an identification of any
10 u s e 1701 note.
104 STAT. 1666
instances in which a waiver was not properly granted under this chapter. (3) Each report required by paragraph (2) shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives not later than February 1 of the year following a year for which a review is conducted pursuant to paragraph (1).
SEC. 1209. TRANSITION PROVISIONS. 10 u s e 1705 note. (a) LEVEL OF DIRECTOR OF ACQUISITION CAREER MANAGEMENT.
Effective during the three-year period beginning on the date of the enactment of this Act, the position of Director of Acquisition Career Management (as established by section 1705 of title 10, United States Code, as added by section 1202), may be held only by (1) a civilian employee in a position in the Civil Service the rate of pay for which is equal to or greater than the rate of basic pay payable for positions in level V of the Executive Schedule under section 5316 of title 5, United States Code; or (2) a commissioned officer serving in the grade of major general or rear admiral or a higher grade.
(b) DEADLINE FOR DESIGNATION OF ACQUISITION POSITIONS.The
10 u s e 1721 note.
10 u s e 1722 note.
Reports.
10 u s e 1722 note.
Regulations. 10 u s e 1734 note. 10 u s e 1733 note.
designation of acquisition positions required by section 1721 of title 10, United States Code (as added by section 1202) shall be made by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, not later than October 1,1991. (c) MILITARY POSITIONS POLICY DEADLINES.(1) The policy required by paragraph (2) of section 1722(b) of title 10, United States Code (as added by section 1202), shall be established by the Secretary of Defense not later than October 1,1991. (2) The first report required by section 1722(b)(2)(B) of title 10, United States Code (as added by section 1202), shall be submitted to the Secretary of Defense not later than September 30,1993. (d) ASSIGNMENTS POLICY DEADLINE.Not later than October 1, 1991, the Secretary of Defense shall establish, and require commencement of implementation of, an assignments policy pursuant to section 1722(f) of title 10, United States Code (as added by section 1202). (e) JOB REFERRAL SYSTEM DEADLINE.Not later than October 1, 1991, the Secretary of Defense shall prescribe regulations required under section 1734(f) of title 10, United States Code (as added by section 1202).
(f) EFFECTIVE DATE FOR REQUIREMENT FOR CORPS MEMBERS To FILL CRITICAL ACQUISITION POSITIONS.Notwithstanding section 1733(a)
of title 10, United States Code (as added by section 1202), the Secretaries of the military departments shall make every effort to fill critical acquisition positions by Acquisition Corps members as soon as possible after the date of the enactment of this Act. For each of the first three years after the date of the enactment of this Act, the report of the Under Secretary of Defense for Acquisition to the Secretary of Defense under section 1762 of such title shall include, the number of critical acquisition positions filled by Acquisition Corps members.
10 u s e 1733 note. (g) PUBLICATION OF LIST OF CRITICAL ACQUISITION POSITIONS.The
Secretary of Defense shall publish the first list of positions designated as critical acquisition positions under section 1733(b)(2) of title 10, United States Code (as added by section 1202), not later than October 1,1992.
104 STAT. 1667

lo USC 1746
(h) EFFECTIVE DATE AND CONFORMING AMENDMENT FOR CIVILIAN FACULTY AUTHORITY FOR DSMC.(1) Subsection (b) of section 1746 of
"*-
title 10, United States Code (as added by section 1202), shall take effect with respect to the Defense Systems Management College on the date of the enactment of this Act. (2) Section 5102(c)(10) of title 5, United States Code, is amended (A) by striking out "and" before "the Academic Dean"; and (B) by adding after the last semicolon the following: "civilian professors, instructors, and lecturers in the defense acquisition university structure (including the Defense Systems Management College) whose pay is fixed under section 1746(b) of title 10;".
(i) CREDIT FOR EXPERIENCE IN CERTAIN POSITIONS.For purposes of lO USC 1724
meeting any requirement under chapter 87 of title 10, United States "**Code (as added by section 1202), for a period of experience (such as requirements for experience in acquisition positions or in critical acquisition positions) and for purposes of coverage under the exceptions established by section 1724(c)(1) and section 1732(c)(1) of such title any period of time spent serving in a position later designated as an acquisition position or a critical acquisition position under such chapter may be counted as experience in such a position for such purposes. (j) TRANSITION PROVISION FOR REPORT REQUIREMENT.Each of the ^^^Y^^ ^^^^ first three annual reports under section 1762(a) of title 10, United note. States Code (as added by section 1202), shall include as much information as is available with respect to requirements imposed under, or prescribed pursuant to, chapter 87 of title 10, United States Code (as added by such section), that have not taken effect as of the date of the report.
(k) ESTABLISHMENT OF MANAGEMENT INFORMATION SYSTEM.(1) lo use 1761
Not later than October 1, 1991, the Secretary of Defense shall "^prescribe in regulations the requirements under section 1761 of title 10, United States Code (as added by section 1202), including data elements, for the uniform management information system. (2) The Secretary of Defense shall ensure that the requirements prescribed pursuant to paragraph (1) are implemented not later than October 1,1992.
SEC. 1210. REGULATIONS 10 USC 1701
(a) IN GENERAL.Unless otherwise provided in this title and in subsection (b), the Secretary of Defense shall promulgate regulations to implement this title and the amendments made by this title not later than one year after the date of the enactment of this Act. (b) DEADLINES FOR QUALIFICATION REQUIREMENTS.Not later than October 1, 1992, the Secretary of Defense shall prescribe regulations to implement sections 1723, 1724, and 1732 of title 10, United States Code (as added by section 1202).
SEC. 1211. EFFECTIVE DATE 10 USC 1701
Except as otherwise provided in this title, this title and the amendments made by this title, including chapter 87 of title 10, United States Code (as added by section 1202), shall take effect on the date of the enactment of this Act.
104 STAT. 1668
PUBLIC LAW 101-510NOV. 5, 1990 TITLE XIIIREDUCTION IN REPORTING REQUIREMENTS

PART AREPEAL OF EXISTING REPORT REQUIREMENTS
SEC. 1301. REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE
Title 10, United States Code, is amended as follows: (1) Section 117 is repealed. (2) Section 118 is repealed. (3) Section 125 is amended by striking out the second sentence of subsection (c). (4) Section 836(b) is amended by striking out "and shall be reported to Congress". (5) Section 1051 is amended (A) by striking out subsections (e) and (f); and (B) by redesignating subsection (g) as subsection (e). (6) Section 2208 is amended by striking out subsection (k). (7) Section 2215 is repealed. (8) Section 2216 is repealed. (9) Section 2313 is amended by striking out the last sentence of subsection (c). (10) Section 2324(e)(2) is amended (A) in subparagraph (A), by striking out "(A)"; and (B) by striking out subparagraphs (B) and (C). (11) Sections 2349 and 2357 are repealed. (12) Section 2394(b) is amended by striking out "only" and pil that follows through the period and inserting in lieu thereof 'only after the approval of the proposed contract by the Secretary of Defense. . (13) Section 2431 is amended (A) by striking out subsection (b); (B) by striking out "or (b)" in subsection (c); and (C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (14) Section 2463 is amended (A) by striking out subsection (b); and (B) by redesignating subsection (c) as subsection (b). (15) Section 2779(b) is amended by striking out paragraph (4). (16) Section 2805(b) is amended by striking out paragraph (3). (17) Paragraph (4) of section 2822(b) is amended to read as follows: "(4) Housing units acquired without consideration.". (18) Section 2834 is amended (A) by striking out subsection (b); and (B) by redesignating subsection (c) as subsection (b). (19) Section 2856 is amended (A) in subsection (a), by striking out the subsection designation "(a)"; and (B) by striking out subsection (b).
SEC. 1302. REPORTS AND NOTIFICATIONS AUTHORIZATION ACTS REQUIRED BY ANNUAL
19 use 2242 note.
(a) PUBLIC LAW 101-189.Section 852 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101189; 103 Stat. 1517) is amended by striking out subsection (b). (b) PuBUC LAW 100-456.Section 317 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1951), is amended by striking out subsection (c).
104 STAT. 1669
(c) PUBLIC LAW 100-180.Section 1201 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (as amended by section 1202 of Public Law 100-456) is amended by striking out 102 Stat. 2050. subsection (e). (d) PuBUC LAW 99-661.Section 1207(gX4) of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) is amended (1) by striking out subparagraph (B); and (2) by redesignating subparagraph (C) is subparagraph (B). (e) PUBLIC LAW 99-145.Section 106(aX2) of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 596) is amended by striking out "may be obligated" and all that follows down through "(B) for acquisitions" and inserting in lieu thereof "may be obligated for acquisitions". (f) PUBLIC LAW 98-115.Section 803(b) of the Military Construction Authorization Act, 1984 (10 U.S.C. 2821 note), is amended (1) by striking out "in anv year" and all that follows through "the Secretary determines' and inserting in lieu thereof "in any year if the Secretary determines"; (2) by striking out "; and" and inserting in lieu thereof a period; and (3) by striking out paragraph (2).
SEC. 1303. REPORTS REQUIRED BY OTHER LAWS
(a) DEFENSE INDUSTRIAL RESERVE ACT.Section 5 of the Defense
Industrial Reserve Act (50 U.S.C. 454) is repealed. (b) FOREIGN ASSISTANCE ACT OF 1961.Section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h) is amended by striking out subsection (e). (c) MILITARY SELECTIVE SERVICE ACT.Section 18 of the Military Selective Service Act (50 U.S.C. App. 468) is amended in subsection (h)(1) by striking out "(1)" after "(h)"; and (2) by striking out paragraph (2).
PART BMODIFICATIONS TO EXISTING REPORT REQUIREMENTS SEC. 1311. REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE
Title 10, United States Code, is amended as follows: (1) Section 128(d) is amended by striking out "on a quarterly basis" and inserting in lieu thereof "on an annual basis'. (2) Section 402(d) is amended (A) by striking out "At the end of each six-month period" and inserting in lieu thereof "Not later than July 31 each year"; and (B) by striking out "such six-month period" and inserting in lieu thereof "the 12-month period ending on the preceding June 30". (3) Section 662(b) is amended by striking out "the Secretary shall immediately notify Congress of such failure and o f in the second sentence and inserting in lieu thereof "the Secretary shall include in the periodic report required by this subsection information on such failure and on". (4) Section 2361(c) is amended (A) by striking out "a semiannual report" in paragraph (1) and inserting in lieu thereof "an annual report"; and
104 STAT. 1670

(B) by striking out "the six-month periods" in paragraph (2) and all that follows in that paragraph and inserting in lieu thereof "the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report.". (5) Section 2457(d) is amended by striking out "Before February 1 of each year," and inserting in lieu thereof "Before February 1,1989, and biennially thereafter,". (6) Section 2662(b) is amended by striking out "$5,000" and inserting in lieu thereof "the small purchase threshold under section 2304(g) of this title". (7) Section 7434 is amended to read as follows:
" 7434. Annual report to Armed Services Committees "The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the production from the naval petroleum reserves during the preceding calendar year. Each such report shall be submitted within 30 days after the end of a fiscal year.".
SEC. 1312. REPORTS REQUIRED BY ANNUAL AUTHORIZATION ACTS
22 u s e 1928 note.
22 u s e 1928 note.
(a) PUBLIC LAW 101-189.Section 121(d) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101189; 103 Stat. 1379) is amended (1) by striking out "BIMONTHLY" in the subsection heading and inserting in lieu thereof "QUARTERLY"; (2) by striking out "a report every two months" in paragraph (1) and inserting in lieu thereof "at the end of each fiscal-year quarter a report"; and (3) by striking out the first sentence of paragraph (3). (b) PuBUC LAW 99-661.Section 1207(g) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 10 U.S.C. 2301 note) is amended by transferring subparagraph (C) of paragraph (3) to the end of paragraph (4) (as amended by section 1302(d)). (c) PUBLIC LAW 98-525.The Department of Defense Authorization Act, 1985 (Public Law 98-525), is amended (1) in section 1002(dXl), hy striking out "April 1, 1985, and each year thereafter," and inserting in lieu thereof "April 1, 1990, and biennially thereafter,"; (2) by adding at the end of section 1002(d)(2)(B) the following new clause: "(xi) Other selected indicators of NATO capability."; and (3) in section 1003(c), by striking out "March 1" and inserting in lieu thereof "April 1".
SEC. 1313. REPORTS REQUIRED BY OTHER LAWS
The first section of Public Law 85-804 (50 U.S.C. 1431) is amended by striking out "and 60 days of continuous session" and all that follows in the third sentence and inserting in lieu thereof a period.
PART CREPORT PROVISIONS PREVIOUSLY TERMINATED BY GOLDWATER-NICHOLS ACT
10 u s e 111 note.
SEC. 1321. PURPOSE (a) PURPOSE OF PART.This part, with respect to Goldwater-Nich-
ols terminations described in subsection (b)
104 STAT. 1671
(1) in section 1322, repeals certain provisions of law containing terminated report requirements; and (2) in section 1323, restores the effectiveness of selected other provisions of law containing such requirements. Ob) DESCRIPTION OF GOLDWATER-NICHOLS TERMINATIONS.For purposes of subsection (a), Goldwater-Nichols terminations are those provisions of law that (1) set forth requirements for reports to Congress; and (2) by reason of section 602(c) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433; 10 U.S.C. I l l note), are no longer effective.
SEC. 1322. REPEAL OF STATUTORY PROVISIONS TERMINATED BY GOLDWATER-NICHOLS ACT
(a) TITLE 10, UNITED STATES CODE.Title 10, United States Code, is amended as follows: (1) Section 113 is amended (A) by striking out subsection (i); and (B) by redesignating subsections (j) through (1) as (i) through (k), respectively. (2) Section 2006(eX3) is amended by striking out "and report periodically" through "of the Fund and shall recommend" and inserting in lieu thereof "and shall recommend to the President and C!ongress". (3) Section 2113(j) is amended (A) by striking out "subject to paragraph (2)," in subparagraphs (B), (C), and (E) of paragraph (1); (B) by striking out paragraph (2); and (C) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (4) Section 2307 is amended (A) by striking out subsection (d); and (B) by redesignating subsection (e) as subsection (d). (5) Section 2359 is repealed. (6) Section 2388 is amended by striking out subsection (d). (7) Section 2394a(b) is amended (A) by striking out "(1)" after "(b)"; and (B) by striking out paragraph (2). (8) Section 2404 is amended (A) by striking out subsection (d); and (B) by redesignating subsection (e) as subsection (d). (9) Section 2455 is repealed. (10) Section 2547 is amended (A) by striking out subsection (d); and (B) by redesignating subsection (e) as subsection (d). (11) Section 2675 is amended (A) by striking out "(a)" at the beginning of the text of such section; and (B) by striking out subsection (b). (12) Section 2721 is amended (A) by striking out "(a)"; and (B) by striking out subsection (b). (13) Section 4314 is amended by striking out the last sentence. (14) Section 6956 is amended (A) by striking out subsection (a); and (B) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively.
104 STAT. 1672
(15) Section 7217 is repealed. (b) TITLE 32, UNITED STATES CODE.Section 314 of title 32, United States Code, is amended by striking out the last sentence of subsection (d). (c) TITLE 37, UNITED STATES CODE.Title 37, United States Code, is amended as follows: (1) Sections 301a and 301c are amended by striking out subsection (e). (2) Section 303a(c) is amended by striking out the last sentence. (3) Section 306 is amended by striking out subsection (f). (4) Section 308b is amended (A) by striking out subsection (e); and (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (5) Section 308c is amended (A) by striking out subsection (e); and (B) by redesignating subsection (f) as subsection (e). (6) Section 310 is amended by striking out subsection (d). (7) Section 312b is amended (A) by striking out subsection (c); and (B) by redesignating subsection (d) as subsection (c). (8) Section 312c is amended (A) by striking out subsection (d); and (B) by redesignating subsection (e) as subsection (d). (d) PUBLIC LAW 99-145.The Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 583 et seq.), is amended as follows: (1) Section 913 (10 U.S.C. 2301 note) is amended (A) by striking out subsection (b); and (B) by redesignating subsection (c) as subsection (b). (2) Section 915 (10 U.S.C. 2431 note) is repealed. (e) PuBUC LAW 98-94.Section 1260 of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 703), is amended by striking out the second sentence of subsection (b). (f) PUBLIC LAW 96-418.Section 802 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 10 U.S.C. 2431 note), is amended by striking out subsection (e). (g) PUBLIC LAW 94-106.Section 808 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94-106; 10 U.S.C. 7291 note), is repealed.
10 u s e 111 note. SEC. 1323. RESTORATION OF CERTAIN REPORTING REQUIREMENTS OF TITLE 10, UNITED STATES CODE, TERMINATED BY GOLDWATER-NICHOLS ACT
(a) RESTORAL.The effectiveness of the report and notification provisions named in subsection (b), previously terminated by section 602(c) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433; 10 U.S.C. I l l note), is hereby restored.
(b) COVERED PROVISIONS.Subsection (a) applies to the following
report and notification provisions set forth in title 10, United States Code: (1) The quarterly report required by section 127(c) of that title, relating to emergency and extraordinary expenses. (2) The notifications required by section 2672a(b) of that title, relating to urgent acquisitions of interests in land.
104 STAT. 1673
(3) The notifications required by section 7308(c) of that title, relating to the transfer or gift of obsolete, condemned, or captured vessels. (4) The notifications required by section 7309(b) of that title, relating to construction or repair of vessels in foreign shipyards.
SEC. 1324. REPEAL OF GOLDWATER-NICHOLS REPORTS TERMINATION SECTION
Section 602(c) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433; 10 U.S.C. I l l note) is repealed.
PART DCLERICAL AMENDMENTS SEC. 1331. CLERICAL AMENDMENTS
Title 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 2 is amended by striking out the items relating to sections 117 and 118. (2) The table of sections at the beginning of chapter 131 is amended by striking out the items relating to sections 2215 and 2216. (3) The table of sections at the beginning of subchapter I of chapter 138 is amended by striking out the item relating to section 2349. (4) Section 2350a(g) is amended by striking out that portion of paragraph (4) preceding clause (A) and inserting in lieu thereof the following: "(4) The Secretary of Defense shall submit to Congress each year, not later than March 1, a report containing information on". (5) The table of sections at the beginning of chapter 139 is amended by striking out the items relating to sections 2357 and 2359. (6) The table of sections at the beginning of chapter 145 is amended by striking out the item relating to section 2455. (7) The table of sections at the beginning of chapter 161 is amended by striking out the item relating to section 2721 and inserting in lieu thereof the following:
"2721. Basis.".
(8) The table of sections at the beginning of chapter 631 is amended by striking out the item relating to section 7217. (9) The item relating to section 7434 in the table of sections at the beginning of chapter 641 is amended to read as follows:
"7434. Annual report to Armed Services Committees.".
TITLE XIVGENERAL PROVISIONS

PART AFINANCIAL AND BUDGET MATTERS SEC. 1401. TRANSFER AUTHORITY
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.(1) Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this
39-194 O - 91 - 11 : QL 3 Part 3
104 STAT. 1674
division between any such authorizations (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) The total amount of authorizations that the Secretary of Defense may transfer under the authority of this section may not exceed $3,000,000,000. Qo) LIMITATIONS.The authority provided by this section to transfer authorizations (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) EFFECT ON AUTHORIZATION AMOUNTS.A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) NOTICE TO CONGRESS.The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this section.
SEC. 1402. ANNUAL MULTIYEAR DEFENSE PLAN
(a) CLARIFICATION.(1) Subsection (a) of section 114a of title 10, United States Code, is amended by striking out "the current" and inserting in lieu thereof "a". (2) Such section is further amended (A) by striking out "five-year" each place it appears and inserting in lieu thereof "multiyear"; and (B) by adding at the end of subsection (a) (as amended by subsection (a) of this section) the following new sentence: "Any such multiyear defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.". (3)(A) The heading of such section is amended by striking out "Five-year" and inserting in lieu thereof "Multiyear". (B) The item relating to such section in the table of sections at the beginning of chapter 2 of such title is amended by striking out "Fiveyear" and inserting in lieu thereof "Multiyear". 10 use 114a ^^^(b) SUBMISSION TO CONGRESS OF MULTIYEAR DEFENSE PROGRAM AS REQUIRED BY LAW.(1) If, as of the end of the 90-day period begin-
ning on the date on which the President's budget for fiscal year 1992 is submitted to Congress, the Secretary of Defense has not submitted to Congress the fiscal year 1992 multiyear defense program, then during the 30-day period beginning on the last day of such 90-day period the Secretary may not obligate more than 10 percent of the fiscal year 1991 advance procurement funds that are available for obligation as of the end of that 90-day period. If, as of the end of such 30-day period, the Secretary of Defense has not submitted to Congress the fiscal year 1992 multiyear defense program, then the Secretary may not make any further obligation of fiscal year 1991 advance procurement funds until such program is submitted. If the Secretary submits the fiscal year 1992 multiyear defense program during the 30-day period described in the first sentence, the limitation on obligation of advance procurement funds prescribed in that
104 STAT. 1675
sentence shall cease to apply effective as of the date of the submission of such program. (2) For purposes of this subsection: (A) The term "fiscal year 1992 multiyear defense program" means the multiyear defense program (including associated annexes) covering fiscal years beginning with fiscal year 1992 required (by section 114a of title 10, United States Code) to be submitted to Congress in conjunction with the President's budget for fiscal year 1992, (B) The term "fiscal year 1991 advance procurement funds" means funds appropriated for the Department of Defense for fiscal year 1991 that are available for advance procurement.
SEC. 1403. MULTIYEAR NATIONAL FOREIGN INTELLIGENCE PROGRAM (a) ANNUAL SUBMISSION OF MULTIYEAR NATIONAL FOREIGN INTELLIGENCE PROGRAM.The Director of Central Intelligence shall 50 u s e 404b.
submit to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives and the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives each year a multiyear national foreign intelligence program plan reflecting the estimated expenditures and proposed appropriations required to support that program. Any such multiyear national foreign intelligence program plan shall cover the fiscal year with respect to which the budget is submitted and at least four succeeding fiscal years. (b) TIME OF SUBMISSION.The Director shall submit the report Reports. required by subsection (a) each year at or about the same time that the budget is submitted to Congress pursuant to section 1105(a) of title 31, United States Code.
(c) CONSISTENCY WITH BUDGET ESTIMATES.The Director of
Central Intelligence and the Secretary of Defense shall ensure that the estimates referred to in subsection (a) are consistent with the budget estimates submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year concerned and with the estimated expenditures and proposed appropriations for the multiyear defense program submitted pursuant to section 114a of title 10, United States Code.
SEC. 1404. MISSION ORIENTED PRESENTATION OF DEPARTMENT OF DEFENSE MATTERS IN THE BUDGET 10 u s e 114a note.
(a) IN GENERAL.In addition to requirements in any other provi- President. sion of law regarding the format for the presentation in the budget submitted to Congress each year by the President of programs of the Department of Defense within major functional category 050 (National Defense), the President shall submit with each such budget a budget that organizes programs within such functional category on the basis of major roles and missions of the Department of Defense. (b) EFFECTIVE DATE.Subsection (a) shall take effect with respect to the budget submitted for fiscal year 1993.
SEC. 1405. CONTROLS ON THE ACCOUNTS AVAILABILITY OF APPROPRIATION
(a) PROCEDURES FOR CLOSING APPROPRIATION ACCOUNTS.(1) Subchapter IV of chapter 15 of title 31, United States Code (other than section 1558), is amended to read as follows:
104 STAT. 1676

"SUBCHAPTER IVCLOSING ACCOUNTS
Records.
" 1551. Definitions and applications "(a) In this subchapter "(1) An obligated balance of an appropriation account as of the end of a fiscal year is the amount of unliquidated obligations applicable to the appropriation less amounts collectible as repayments to the appropriation. "(2) An unobligated balance is the difference between the obligated balance and the total unexpended balance. "(3) A fixed appropriation account is an appropriation account available for obligation for a definite period. "(b) The limitations on the availability for expenditure prescribed in this subchapter apply to all appropriations unless specifically otherwise authorized by a law that specifically "(1) identifies the appropriate account for which the availability for expenditure is to be extended; "(2) provides that such account shall be available for recording, adjusting, and liquidating obligations properly chargeable to that account; and "(3) extends the availability for expenditure of the obligated balances. "(c) This subchapter does not apply to "(1) appropriations for the District of Columbia government; or "(2) appropriations to be disbursed by the Secretary of the Senate or the Clerk of the House of Representatives. " 1552. Procedure for appropriation accounts available for definite periods "(a) On September 30th of the 5th fiscal year after the period of availability for obligation of a fixed appropriation account ends, the account shall be closed and any remaining balance (whether obligated or unobligated) in the account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose. "(b) Collections authorized or required to be credited to an appropriation account, but not received before closing of the account under subsection (a) or under section 1555 of this title shall be deposited in the Treasury as miscellaneous receipts. " 1553. Availability of appropriation accounts to pay obligations "(a) After the end of the period of availability for obligation of a fixed appropriation account and before the closing of that account under section 1552(a) of this title, the account shall retain its fiscalyear identity and remain available for recording, adjusting, and liquidating obligations properly chargeable to that account. "(b)(1) Subject to the provisions of paragraph (2), after the closing of an account under section 1552(a) or 1555 of this title, obligations and adjustments to obligations that would have been properly chargeable to that account, both as to purpose and in amount, before closing and that are not otherwise chargeable to any current appropriation account of the agency may be charged to any current appropriation account of the agency available for the same purpose. "(2) The total amount of charges to an account under paragraph (1) may not exceed an amount equal to 1 percent of the total appropriations for that account.
104 STAT. 1677
"(c)(1) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount of obligations from that appropriation during a fiscal year for contract changes for that program, project, or activity to exceed $4,000,000, the obligation may only be made if the obligation is approved by the head of the agency (or an officer of the agency within the Office of the head of the agency to whom the head of the agency has delegated the authority to approve such an obligation). "(2) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount obligated from that appropriation during a fiscal year for that program, project, or activity to exceed $25,000,000, the obligation may not be made until "(A) the head of the agency submits to the appropriate authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives a notice in writing of the intent to obligate such funds, together with a description of the legal basis for the proposed obligation and the policy reasons for the proposed obligation; and "(B) a period of 30 days has elapsed after the notice is submitted. "(3) In this subsection, the term 'contract change' means a change to a contract under which the contractor is required to perform additional work. Such term does not include adjustments to pay claims or increases under an escalation clause. "(d)(1) Obligations under this section may be paid without prior action of the Comptroller General. "(2) This subchapter does not "(A) relieve the Comptroller General of the duty to make decisions requested under law; or "(B) affect the authority of the Comptroller General to settle claims and accounts. " 1554. Audit, control, and reporting "(a) Any audit requirement, limitation on obligations, or reporting requirement that is applicable to an appropriation account shall remain applicable to that account after the end of the period of availability for obligation of that account. "(b)(1) After the close of each fiscal year, the head of each agency shall submit to the President and the Secretary of the Treasury a report regarding the unliquidated obligations, unobligated balances, canceled balances, and adjustments made to appropriation accounts of that agency during the completed fiscal year. The report shall be submitted no later than 15 days after the date on which the President's budget for the next fiscal year is submitted to Congress under section 1105 of this title. "(2) Each report required by this subsection shall "(A) provide a description, with reference to the fiscal year of appropriations, of the amount in each account, its source, and an itemization of the appropriations accounts; "(B) describe all current and expired appropriations accounts;
104 STAT. 1678
*XC) describe any payments made under section 1553 of this title; "(D) describe any adjustment of obligations during that fiscal year pursuant to section 1553 of this title; "(E) contain a certification by the head of the agency that the obligated balances in each appropriation account of the agency reflect proper existing obligations and that expenditures from the account since the preceding review were supported by a proper obligation of funds and otherwise were proper; "(F) describe all balances canceled under sections 1552 and 1555 of this title. "(3) The head of each Federal agency shall provide a copy of each such report to the Speaker of the House of Representatives and the Committee on Appropriations, the Committee on Governmental Affairs, and other appropriate oversight and authorizing committees of the Senate. "(c)(1) The Director of the Congressional Budget Office shall estimate each year the effect on the Federal deficit of payments and adjustments made with respect to sections 1552 and 1553 of this title. Such estimate shall be made separately for accounts of each agency. "(2) The Director shall include in the annual report of the Director to the Committees on the Budget of the Senate and House of Representatives under paragraph (1) of section 202(f) of the Congressional Budget Act of 1974 a statement of the estimates made pursuant to paragraph (1) of this subsection during the preceding year (including any revisions to estimates contained in earlier reports under such paragraph). The Director shall include in any report under paragraph (2) of that section any revisions to such estimates made since the most recent report under paragraph (1) of such section. "(d) The head of each agency shall establish internal controls to assure that an adequate review of obligated balances is performed to support the certification required by section 1108(c) of this title. " 1555. Closing of appropriation accounts available for indefinite periods "An appropriation account available for obligation for an indefinite period shall be closed, and any remaining balance (whether obligated or unobligated) in that account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose, if "(1) the head of the agency concerned or the President determines that the purposes for which the appropriation was made have been carried out; and "(2) no disbursement has been made against the appropriation for two consecutive fiscal years. " 1556. Comptroller General: reports on appropriation accounts "(a) In carrying out audit responsibilities, the Comptroller General shall report on operations under this subchapter to "(1) the head of the agency concerned; "(2) the Secretary of the Treasury; and "(3) the President. "(b) A report under this section shall include an appraisal of unpaid obligations under fixed appropriation accounts for which the period of availability for obligation has ended.
104 STAT. 1679
" 1557. Authority for exemptions in appropriation laws A provision of an appropriation law may exempt an appropriation from the provisions of this subchapter and fix the period for which the appropriation remains available for expenditure.". (2) The table of sections at the beginning of chapter 15 of such title is amended by striking out the items relating to subchapter IV and sections 1551 through 1557 and inserting in lieu thereof the following:
"SUBCHAPTER IV-CLOSING ACCOUNTS
"1551. Definitions and application. "1552. Audit, control, and reporting. "1553. Availability of appropriation accounts to pay obligations. "1554. Audit, control, and reporting. "1555. Closing of appropriation accounts available for indefinite periods. "1556. Comptroller General: reports on appropriation accounts. "1557. Authority for exemptions in appropriation laws.".
(b) T R A N S I T I O N . 31 u s e 1551
(1) APPLICATION OF AMENDMENTS.The amendments made by *subsection (a) shall apply to any appropriation account the obligated balance of which, on the date of the enactment of this Act, has not been transferred under section 1552(a)(1) of title 31, United States Code, as in effect on the day before the date of the enactment of this section. (2) RESTORATION OF CERTAIN UNOBUGATED AMOUNTS.The balance of any unobligated amount withdrawn under section 1552(a)(2) of title 31, United States Code, as in effect on the day before the date of the enactment of this Act, from an account the obligated balance of which has not been transferred under section 1552(a)(1) of title 31, United States Code, as in effect on the day before the date of the enactment of this section, is hereby restored to that account.
(3) CANCELLATION OF UNOBLIGATED BALANCES.All balances of
unobligated funds withdrawn from an account under subsection 1552(a)(2) of title 31, United States Code, as in effect on the day before the date of the enactment of this Act (other than funds restored under paragraph (2)) are canceled, effective at the end of the 30-day period beginning on the date of the enactment of this Act. (4) CANCELLATION OF OBLIGATED BALANCES.On the third September 30th after the date of the enactment of this Act, all obligated balances transferred under subsection 1552(a)(1) of title 31, United States Code, as in effect on the day before the date of the enactment of this Act, shall be canceled. (5) OBUGATION OF EXISTING BALANCES.After the date of the enactment of this Act, an obligation of any part of a balance transferred before the date of the enactment of this Act under section 1552(a)(1) of title 31, United States Code, shall be subject to section 1553(c) of such title, as amended by subsection (a).
(6) CANCELLATION OF OLDEST OBLIGATED BALANCES.(A) At the
end of the 30-day period beginning on the date on which the President submits to Congress the budget for fiscal year 1992, any amount in an account established under paragraph (1) of section 1552 of title 31, United States Code, as in effect before the date of the enactment of this Act, that has been in that account as of that date for a period in excess of five years shall be deobligated and shall be withdrawn in the manner provided
104 STAT. 1680
in paragraph (2) of that section. Amounts so deobligated and withdrawn may not be restored. (B) Subparagraph (A) shall not apply so as to require the deobligation of amounts (i) for which there is documentary evidence that payment will be required within 180 days of the date of the enactment of this Act; or (ii) that are determined to be necessary for severance payments for foreign national employees. (7) OBLIGATIONS AND ADJUSTMENT OF OBLIGATIONS.(A) After cancellation of unobligated balances under paragraph (3) or cancellation of obligated balances under paragraph (4) or paragraph (6) and subject to the provisions of subparagraph (B), obligations and adjustments to obligations that would have been chargeable to those balances before such cancellations and that are not otherwise chargeable to current appropriations of the agency concerned may be charged to current appropriations of that agency available for the same purpose. Any charge made pursuant to this subsection shall be limited to the unobligated expired balances of the original appropriation available for the same purpose. (B) Any charge made pursuant to subparagraph (A) shall be subject to the maximum amount chargeable under subsection (b) of section 1553 of title 31, United States Code, as amended by this section, and shall be included in the calculation of the total amount charged to any account under that section. (c) CONFORMING REPEAL.(1) Section 2782 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 165 of such title is amended by striking out the item relating to section 2782.
31 u s e 1552 note. SEC. 1406. AUDIT OF OBLIGATED BALANCES OF DEPARTMENT OF DEFENSE (a) AUDIT REQUIREMENT.The Secretary of Defense shall provide
for an audit of each account of the Department of Defense established under paragraph (1) of section 1552(a) of title 31, United States Code, as in effect on the day before the date of the enactment of this Act. The audit shall, with respect to each such account, identify (1) the balance in the account; (2) the amount of such balance that is considered by the Secretary (as of the time of the audit) to represent amounts required for valid obligations (as supported by documentary evidence as required by section 1501 of title 31) and the amount of such balance that is considered by the Secretary (as of the time of the audit) to represent amounts for obligations that are considered no longer valid; (3) the sources of amounts in the account, shown by fiscal year and by amount for each fiscal year; and (4) such other matters as the Secretary considers appropriate. (b) DEOBUGATION OF OBLIGATIONS N O LONGER VALID.Any obligated amounts in accounts of the Department of Defense established under paragraph (1) of section 1552(a) of title 31, United States Code, that are determined pursuant to the audit under subsection (a) to represent amounts for obligations that are no longer valid shall be deobligated and canceled.
104 STAT. 1681
(c) REPORT ON AUDIT.Not later than December 31, 1991, the Secretary of Defense shall submit to Congress a report containing the results of the audit conducted pursuant to subsection (a). The report shall set forth (1) the information required to be identified pursuant to subsection (a); and (2) for each appropriation account (A) the average length of time funds have been obligated, (B) the average size of the obligation, and (iii) the object classification of the obligations, all shown for total obligations and separately for valid obligations and obligations that are no longer valid .
SEC. 1407. FULL LIFE-CYCLE COST INFORMATION FOR ALL MAJOR DEFENSE ACQUISITION PROGRAMS
(a) COVERAGE FOR SYSTEMS BEFORE FISCAL YEAR 1985Subparagraph (A) of section 2432(c)(3) of title 10, United States Code, is amended to read as follows: "(A) A full life-cycle cost analysis for each major defense acquisition program included in the report that is in the fullscale engineering development stage or has completed that stage.". (b) DEFINITION.Section 2432(a) of such title is amended by adding at the end the following new paragraph: "(4) The term 'full life-cycle cost', with respect to a major defense acquisition program, has the meaning given the term 'cost of the program' in section 2434(c)(2) of this title.".
(c) COORDINATION OF LIFE-CYCLE COST CRITERIA.Section 2432(c) of
such title is amended by adding at the end the following new paragraph: "(5) The Secretary of Defense shall ensure that paragraph (4) of section 2432(a) of title 10, United States Code, as added by subsection (a)(2), is implemented in a uniform manner, to the extent practicable, throughout the Department of Defense.". (d) EFFECTIVE DATE.The amendments made by subsection (a) 10 USC 2432 shall take effect with respect to Selected Acquisition Reports "*submitted under section 2342 of title 10, United States Code, after December 31,1991.
SEC. 1408. FUNDS IN DEFENSE COOPERATION ACCOUNT
There is hereby authorized to be appropriated for fiscal year 1991 from the Defense Cooperation Account established under section 2608 of title 10, United States Code, as added by section 202 of Public Law 101-403, the sum of $1,000,300,000 for programs, projects, and activities of the Department of Defense.
SEC. 1409. CLASSIFIED ANNEX 10 USC 114 note.
(a) STATUS OF CLASSIFIED ANNEX.The Classified Annex prepared by the Committee of Conference to accompany the conference report on the bill H.R. 4739 of the One Hundred First Congress and transmitted to the President shall have the force and effect of law as if enacted into law.
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.The amounts
specified in the Classified Annex are not in addition to amounts authorized to be appropriated by other provisions of this Act. (c) DISTRIBUTION OF CLASSIFIED ANNEX.The President shall pro- President, vide for appropriate distribution of the Classified Annex, or of
104 STAT. 1682
appropriate portions of the annex, within the executive branch of the Government.
PART BNAVAL VESSELS AND SHIPYARDS SEC. 1421. PROCUREMENT LIMITATIONS WITH RESPECT TO CERTAIN EQUIPMENT FOR NAVAL VESSELS
Section 2507 of title 10, United States Code, as amended by section 835, is further amended by adding at the end the following new subsection:
"(f) AIR CIRCUIT BREAKERS.(1) The Secretary of Defense may not
procure air circuit breakers for naval vessels unless "(A) the air circuit breakers are produced or manufactured in the United States; and "(B) substantially all of the components of the air circuit breakers are produced or manufactured in the United States. "(2) For purposes of paragraph (1)(B), substantially all of the components of air circuit breakers shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States. "(3) Paragraph (1) does not prevent the procurement of spares and repair parts needed to support air circuit breakers produced or manufactured outside the United States. "(4) The Secretary of Defense may waive the limitation in paragraph (1) on a case-by-case basis with respect to any procurement if the Secretary determines that carrying out a proposed procurement in accordance with the limitation in that case "(A) is not in the national security interests of the United States; "(B) will have an adverse effect on a United States company; or "(C) will result in procurement from a United States company that, with respect to the sale of air circuit breakers, fails to ' comply with applicable Government procurement regulations or the antitrust laws of the United States. "(5) Whenever the Secretary proposes to grant a waiver under paragraph (4), the Secretary shall submit a notice of the proposed waiver, together with a statement of the reasons for the proposed waiver, to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives. The waiver may then be granted only after the end of the 30-day period beginning on the date on which the notice is received by those committees.".
SEC. 1422. POLICY FOR AREA IN WHICH SOLICITATIONS MUST BE ISSUED FOR CONTRACTS FOR OVERHAUL, ETC., OF NAVAL RESERVE FORCE SHIPS HOMEPORTED ON THE WEST COAST
Section 7299a(d)(3) of title 10, United States Code, is amended by striking out "apply" and all that follows through the period and inserting in lieu thereof "apply in the case of voyage repairs.".
SEC. 1423. REPORT ON USE OF MAYPORT NAVAL STATION AS HOMEPORT FOR NUCLEAR AIRCRAFT CARRIERS
Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for upgrading Mayport Naval Station, Jacksonville, Florida, to provide
104 STAT. 1683
that naval station with the capability to be able to service nuclearpowered aircraft carriers and otherwise to serve as a homeport for nuclear-powered aircraft carriers.
SEC. 1424. FAST SEALIFT PROGRAM 10 USC 7291
(a) ESTABLISHMENT OF PROGRAM.The Secretary of the Navy shall establish a program for the construction and operation of cargo vessels that incorporate features essential for military use of the vessels. (b) PROGRAM REQUIREMENTS.The program under this section shall be carried out as follows: (1) The Secretary of the Navy shall establish the design requirements for vessels to be constructed under the program. (2) In establishing the design requirements for vessels to be constructed under the program, the Secretary shall use commercial design standards and shall consult with the Administrator of the Maritime Administration. (3) Construction of the vessels shall be accomplished in private United States shipyards. (c) CHARTER OF VESSELS CONSTRUCTED.(1) Except when the Secretary determines that having a vessel immediately available with a full or partial crew is in the national interest, the Secretary, in consultatiqn with the Administrator of the Maritime Administration, shall'charter each vessel constructed before October 1, 1995, under the program for commercial operation. Any such charter (A) shall not permit the operation of the vessel other than in the forpign commerce of the United States; (B) may be made only with an individual or entity that is a citizen of the United States (which, in the case of a corporation, pai^tnership, or association, shall be determined in the manner specified in section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)); and (C) shall require that the vessel be documented (and remain documented) under the laws of the United States. (2) The Secretary may enter into a charter under paragraph (1) only through the use of competitive bidding procedures that ensure that the highest charter rates are obtained by the United States consistent with good business practice, except that the Secretary may operate the vessel (or contract to have the vessel operated) in direct support of United States military forces during a time of war or national emergency and at other times when the Administrator of the Maritime Administration determines that that operation would not unfairly compete with another United States-flag vessel. (3) If the Secretary determines that a vessel previously chartered under the program no longer has commercial utility, the Secretary may transfer the vessel to the National Defense Reserve Fleet. (4) A contract for the charter of a vessel under paragraph (1) shall include a provision that the charter may be terminated for national security reasons without cost to the United States. (d) REPORTS TO CONGRESS.(1) Not later than six months after the date of the enactment of this Act, the Secretary of the Navy shall submit to Congress a report describing the Secretary's plan for implementing the fast sealift program authorized by this section. (2) Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the implementation of the plan described in the report submitted under paragraph (1). The report shall include a description of vessels built
104 STAT. 1684 .
or under contract to be built pursuant to this section, the use of such vessels, and the operating experience and manning of such vessels. (3) The reports under paragraphs (1) and (2) shall be prepared in consultation with the Administrator of the Maritime Administration. (e) AVAILABILITY OF FUNDS.Amounts appropriated to the Department of Defense for any fiscal year for acquisition of fast sealift vessels may be used for the program under this section.
SEC. 1425. AUTHORIZATION FOR NAVAL SHIPYARDS AND AVIATION DEPOTS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND SERVICES DURING FISCAL YEAR 1991
(a) AUTHORITY TO BID.During fiscal year 1991, naval shipyards and Army, Navy, and Air Force aviation depots may, subject to the discretion of the Secretary of Defense, compete for contracts for the production of defense-related articles and contracts for the provision of services related to defense programs.
(b) REQUIRED ESTIMATES OF COST FACTORS.The Secretary of the
military department concerned shall ensure that any bid by a naval shipyard or an aviation depot on a contract referred to in subsection (a) includes estimates for all direct and indirect cost factors, including all direct and indirect cost factors included in bids submitted by private firms. Office of Management and Budget Circular A-76 shall not apply to competitions conducted under the authority of this section. (c) LIMITATION.This section shall not apply if the Secretary of the military department concerned determines that there are not adequate facilities or personnel available at naval shipyards or aviation depots, as the case may be, to provide the required articles. (d) DEFENSE-RELATED ARTICLES COVERED.For purposes of this section, the term "defense-related articles" does not include (1) ship construction, overhaul, repair, and maintenance, (2) ship refueling, (3) aircraft maintenance and repair, and (4) aircraft engine manufacture, overhaul, and repair.
SEC. 1426. NAMING OF GUIDED MISSILE DESTROYER THE U.S.S. SAMUEL S. STRATTON
(a) FINDINGS.The Congress finds that (1) the late Honorable Samuel S. Stratton served the people of the United States and the 23d District of New York as a Member of the House of Representatives for 30 consecutive years with loyalty, dedication, and warm personal friendship until his retirement at the conclusion of the 100th Congress; (2) Samuel S. Stratton served as a member of the Committee on Armed Services of the House of Representatives for 30 years and did so with total dedication to the goal of maintaining a strong national defense; (3) as a member of the Committee on Armed Services, Samuel S. Stratton served as chairman of three permanent subcommittees (the Military Personnel and Compensation Subcommittee, the Investigations Subcommittee, and the Procurement and Military Nuclear Systems Subcommittee) and as chairman of no fewer than five special subcommittees and panels having a major effect on every aspect of our country's defense establishment;
104 STAT. 1685
(4) Samuel S. Stratton played a major legislative and intellectual role in such diverse areas as strengthening the NATO alliance, modernization of Guard and Reserve forces, pursuit of verifiable arms control agreements, protection of the defense industrial base, development of missile and aviation programs, and improvement in the military medical care and military justice systems; (5) through his singular and distinctive efforts, Samuel S. Stratton was successful in seeing enacted into law the requirement that women be admitted to the Nation's service academies; and (6) Samuel S. Stratton's service to the Nation (including his wartime and reserve service as a naval officer and service as a Member of Congress) left an indelible mark on the history of the Nation and his unswerving goal of maintenance of a strong national defense knows no peer.
(b) SENSE OF CONGRESS.In light of the findings expressed in
subsection (a), it is the sense of Congress that the Secretary of the Navy should name the next guided missile destroyer (DDG-51) to be named after enactment of this Act the U.S.S. Samuel S. Stratton.
SEC. 1427. CLARIFICATION OF PROCEDURES FOR REVIEW OF CERTAIN VESSEL TRANSFERS
Section 7308(c) of title 10, United States Code, is amended (1) by inserting "and" at the end of paragraph (1); (2) by striking out "; and" at the end of paragraph (2) and inserting in lieu thereof a period; and (3) by striking out paragraph (3).
PART CGUARD AND RESERVE INITIATIVE SEC. 1431. SENSE OF THE CONGRESS ON GREATER USE OF THE RESERVE COMPONENTS OF THE ARMED FORCES
(a) FINDINGS.Congress makes the following findings: (1) The reserve components of the Armed Forces are an essential element of the national security establishment of the United States. (2) The overall reduction in the threat and the likelihood of continued fiscal constraints require the United States to increase use of the reserve components of the Armed Forces. (3) The Department of Defense has not adequately implemented the Total Force Policy since its inception in 1973. (4) The Department of Defense should shift a greater share of force structure and budgetary resources to the reserve components of the Armed Forces. (5) Expanding the reserve components is the most effective way to retain quality personnel as the force structure of the active components is reduced over the next five years. (6) The United States should recommit itself to the concept of the citizen soldier as a cornerstone of national defense policy for the future. (7) The President and the Secretary of Defense should take note of and be willing to exercise existing reserve call-up authority for the purpose of using reserve component forces to perform operational missions without the necessity for declaring a national emergency.
104 STAT. 1686
0^) CONGRESSIONAL DECLARATION.In view of the findings expressed in subsection (a), Congress declares that (1) the structure and strength of the current reserve components should be preserved; (2) the equipment levels in existing reserve component units should be increased to match their active duty counterparts; (3) selected missions of the active components of the Armed Forces should be increasingly transferred to the reserve components; (4) the equipment available to the units of the reserve components should be modernized; and (5) the integration of active component and reserve component units should be promoted as a means of achieving the Total Force Policy of the Department of Defense.
SEC. 1432. FINDINGS AND SENSE OF CONGRESS REGARDING THE IMPORTANCE OF THE READY RESERVE
(a) FINDINGS.The Congress finds that (1) as a result of the recent dramatic changes in Eastern Europe and the Soviet Union, the active military forces of the United States will be significantly reduced; and (2) as a consequence of that reduction it will be necessary to rely increasingly, in the event of a threat to the national security, on the immediate availability of trained personnel of the Ready Reserve of the reserve components of the Armed Forces.
(b) SENSE OF CONGRESS.In light of the finding in subsection (a), it
is the sense of Congress that (1) the Secretary of Defense should take appropriate action to ensure that members of the Ready Reserve are made fully aware of their continuing obligation for immediate service in the active military forces in the event of a war or national emergency; (2) the Secretary should use the annual muster provided for under section 687 of title 10, United States Code, as a means of alerting such personnel to that obligation; and (3) the Secretary should ensure that adequate funds are made available, out of funds appropriated for the reserve components, to carry out the annual muster of such personnel.
SEC. 1433. COMMENDATION OF THE NATIONAL GUARD AND RESERVE
(a) FINDINGS.Congress makes the following findings: (1) Since the earliest days of this Nation, citizen-soldiers of the United States have protected their fellow citizens, defended the country, and provided heroic assistance during and following natural disasters. (2) The citizen-soldier has played a key role in the protection of freedom since the days of the American Revolution. (3) The National Guard and the Reserve have been accorded significantly increased status in the overall defense posture of the United States since the end of World War II. (4) During a period in history when the Nation may face new and varied threats to peace, it is imperative that the combat capability of the National Guard and the Reserve be adequately maintained and supported. (5) The excellence of the National Guard and Reserve is directly attributable to hard work and dedication of the
104 STAT. 1687
outstanding men and women who regularly perform duty in the Guard and Reserve. (b) CONGRESSIONAL DECLARATION.In light of the findings in subsection (a), Congress (1) acknowledges the valuable contribution that the men and women of the National Guard and the Reserve have made to the Nation's security; and (2) continues to support the essential role that the National Guard and the Reserve perform in the total defense establishment of the United States.
SEC. 1434. SENSE OF CONGRESS CONCERNING UNITED STATES ARMORED FORCES
(a) FINDINGS.Congress makes the following findings: (1) Dramatic political and military changes have occurred recently in Eastern Europe. (2) The Warsaw Pact is no longer a credible military threat to the North Atlantic Treaty Organization (NATO). (3) It appears that the heavy armored armies of both NATO and the Warsaw Pact will be substantially reduced as the result of arms control agreements or unilateral actions. (4) There is a continued need for armor forces and many countries possess large inventories of modern tanks. (5) The Soviet Union will still produce 1,400 new tanks in 1990. (6) With significantly increased warning times of enemy attack, greater reliance will be placed on United States reserve component forces for armored heavy force reinforcement missions. (7) There is a need to enhance the capabilities of armored forces of the reserve components to assume increased responsibilities for armored heavy force reinforcement missions.
O> SENSE OF CONGRESS.In light of the findings in subsection (a), t)
it is the sense of the Congress that (1) the Army should take timely and necessary steps to enhance the capabilities of armored forces of the reserve components; (2) the United States Army Armor Center should continue as the center for training, education, doctrine, and combat development for the armored forces of the United States, both active and reserve; and (3) the United States Army Armor Center should ensure that the armored forces of the reserve components are adequately prepared to accept the increased role in armored heavy force reinforcement missions that will be assigned to them.
SEC. 1435. PRESERVATION OF FORCE STRUCTURE IN THE RESERVE COMPONENTS
(a) IN GENERAL.The Secretary of Defense shall ensure that the force structure of the Selected Reserve of the reserve components of the Armed Forces during fiscal year 1991 is equivalent to the force structure of those components on January 1, 1990.
(b) AUTHORITY TO CHANGE FORCE STRUCTURE.The Secretary may
make changes in the force structure of the Selected Reserve of the reserve components only to the extent that the Secretary determines that such changes enhance the capability of reserve units in the interests of national security.
104 STAT. 1688
SEC. 1436. AIR NATIONAL GUARD AND AIR FORCE RESERVE AIRCRAFT
(a) TRANSFER OF AIRCRAFT TO RESERVE COMPONENT.The Secretary of the Air Force, by the transfer of aircraft from regular component squadrons to reserve component squadrons, shall ensure that on September 30,1994 (1) the average number of aircraft assigned to a tanker aircraft squadron in the Air National Guard of the United States or the Air Force Reserve is equal to the average number of aircraft assigned to a tanker aircraft squadron in the regular component of the Air Force; (2) the average number of aircraft assigned to a fighter aircraft squadron in the Air National Guard of the United States or the Air Force Reserve is equal to the average number of aircraft assigned to a fighter aircraft squadron in the regular component of the Air Force; and (3) the average number of aircraft assigned to an airlift aircraft squadron in the Air National Guard of the United States or the Air Force Reserve is equal to the average number of aircraft assigned to an airlift aircraft squadron in the regular component of the Air Force.
(b) WAIVER AUTHORITY.(1) The Secretary of Defense may tempo-
rarily waive the requirement in subsection (a) with respect to a specific reserve component squadron if the Secretary determines that the squadron cannot operate the aircraft required to be transferred and that the transfer would be prejudicial to the national security of the United States. (2) Temporary waivers under paragraph (1) shall be made on a case-by-case basis. Such a waiver shall be for a period not to exceed one year, but may be renewed for an additional period of one year under the conditions specified in paragraph (1).
SEC. 1437. P-3 AIRCRAFT (a) TRANSFER OF AIRCRAFT TO RESERVE COMPONENTS.(1) The
Secretary of the Navy, by the transfer of aircraft from regular component squadrons to reserve component squadrons, shall ensure that on September 30, 1996, the average number of aircraft assigned to a P-3 aircraft squadron in the Naval Reserve is equal to the average number of aircraft assigned to a P-3 aircraft squadron in the regular Navy. (2) The Secretary shall transfer no fewer than 32 P-3C aircraft pursuant to subsection (a).
Qo) WAIVER AUTHORITY.(1) The Secretary of Defense may tempo-
rarily waive the requirements in subsection (a) with respect to a specific reserve component squadron if the Secretary determines that (A) the submarine threat presented by the Soviet Union has increased; and (B) the P-3B aircraft would be able to track and attack effectively the submarines that comprise the increase in the threat. (2) Temporary waivers under paragraph (1) shall be made on a case-by-case basis. Such a waiver shall be for a period not to exceed one year, but may be renewed for an additional period of one year under the conditions specified in paragraph (1).
(c) PROHIBITION ON U S E OF FUNDS.Funds appropriated or other-
wise made available for operation and maintenance for the Navy for
104 STAT. 1689
any fiscal year beginning on or after September 30,1996, may not be used to operate or maintain P-3B aircraft.
SEC. 1438. TACTICAL AIRLIFT MISSION
(a) IN GENERAL.Not later than September 30, 1992, the Secretary of Defense shall assign the tactical airlift mission of the Department of Defense to the Air Force Reserve and the Air National Guard of the United States.
03) REQUIREMENT FOR TRANSFER PLAN.The Secretary of the Air
Force shall develop a plan for the transfer of all tactical airlift transport aircraft to the Air Force Reserve and the Air National Guard of the United States at the earliest practical date and shall complete the transfer in accordance with such plan not later than September 30,1992.
(c) DEADLINE FOR SUBMISSION OF PLAN.The Secretary of the Air
Force shall submit to the congressional defense committees a copy of the plan referred to in subsection (h) not later than June 1, 1991.
SEC. 1439. REPLACEMENT OF OV-1 AND OV-10 AIRCRAFT WITH A-10 AIRCRAFT
(a) PROHIBITION ON USE OF FUNDS.(1) Funds appropriated or otherwise made available to the Army for any fiscal year beginning after September 30, 1996, may not be used to operate or maintain OV-1 aircraft. (2) Funds appropriated or otherwise made available to the Marine Corps after September 30, 1996, may not be used to operate or maintain OV-10 aircraft. (h) RETIREMENT OF OV-1 and OV-10 AIRCRAFT.(1) Not later than September 30, 1991, the Secretary of the Army shall retire not less than 20 percent of the OV-1 aircraft in the inventory of the Army on October 1,1990. (2) The Secretary of the Army and the Secretary of the Navy shall take such action as necessary to retire, by not later than September 30, 1996, all OV-1 and OV-10 aircraft in the inventory of the Army and Marine Corps, respectively. The Secretary of the military department concerned shall notify the Secretary of the Air Force at the time each such aircraft is retired, and the Secretary of the Air Force shall, upon such notification, transfer one A-10 aircraft and all required support equipment to such military department. (c) TRAINING AND SUPPORT.Chapter 901 of title 10, United States Code, is amended by adding at the end the following new section: " 9316. Training and support for A-10 aircraft "The Secretary of the Air Force shall provide each military department with flight training, fleet support, and depot maintenance with respect to all A-10 aircraft assigned to each such department.". (d) CLERICAL AMENDMENT.The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
" 9316. Training and support for A-10 aircraft.". PART DARMS CONTROL MATTERS SEC. 1441. SENSE OF CONGRESS ON ADDITIONAL NUCLEAR RISK REDUCTION MEASURES
(a) FINDINGS.Congress makes the following findings:
104 STAT. 1690
PUBLIC LAW 101-510NOV. 5, 1990 (1) On June 1, 1990, the President of the United States and the President of the Soviet Union signed a document entitled "Joint Statement on Future Negotiations on Nuclear and Space Arms and Further Enhancing Strategic Stability". (2) In that document, the two nations pledged to pursue additional confidence-building and predictability measures "that would reduce the possibility of an outbreak of nuclear war as a result of accident, miscalculation, terrorism, or unexpected technological breakthrough, and would prevent possible incidents between them". (3) As a result of the recent increase in ethnic, national, economic, and political tensions within the Soviet Union, concern has heightened regarding the possible unauthorized or accidental use of Soviet nuclear weapons. (4) It has been four years since the Department of Defense conducted a comprehensive review of its nuclear control procedures and failsafe mechanisms. (5) The Joint Chiefs of Staff, in its 1990 Joint Military Net Assessment, concluded that with the recent changes in the global security environment "the risk of nuclear deterrence failing is assessed to be low and at this moment to be decreasing". (6) While Congress is concerned about continued strategic offensive and defensive modernization by the Soviet Union and the unpredictable status of the domestic situation in the Soviet Union, at this stage the lessened prospects that nuclear weapons of the United States might have to be employed may afford an opportunity to reconsider past reluctance to use certain positive control measures, such as the installation of permissive action links (PALs) on nuclear weapons deployed at sea by the United States and the installation of post-launch destruct mechanisms on intercontinental ballistic missiles (ICBMs) and submarine launched ballistic missiles (SLBMs) deployed by the United States, as long as appropriate security measures can be developed to protect the integrity of such destruct mechanisms. (7) On September 15, 1987, the United States and the Soviet Union agreed to establish Nuclear Risk Reduction Centers (NRRCs) in Washington and Moscow. (8) The NRRCs have made a useful contribution to lowering the risks of accidental or inadvertent nuclear war and are capable of taking on expanded roles.
(b) SENSE OF CONGRESS.It is the sense of Congress
(1) that the President of the United States and the President of the Union of Soviet Socialist Republics are to be commended for their June 1, 1990, joint statement to pursue additional nuclear confidence-building measures; and (2) that, in keeping with that joint statement, the President (A) should invite the Soviet Union to join with the United States in conducting separate but parallel, comprehensive reviews of each nation s own nuclear control procedures and failsafe mechanisms; and (B) should propose to the Soviet Union that representatives of the two nations engage in discussions with the objective of agreeing on additional roles and functions that could be assigned to the Nuclear Risk Reduction Centers to further lessen the risks of the outbreak of nuclear war as the result of misinterpretation, miscalculation, or accident.
104 STAT. 1691
(c) REPORT ON ADDITIONAL MEASURES.Not later than March 1, 1991, the President shall submit to Congress a report (in both classified and unclassified form) assessing additional nuclear risk reduction measures which could be implemented pursuant to the joint statement of June 1, 1990, referred to in subsection (b), including the following: (1) Assigning to the Nuclear Risk Reduction Centers (NRRCs) such expanded roles as the following: (A) Serving as a forum for discussions between the two nations on responding to possible nuclear terrorism. (B) Transmitting notifications that may be required under future arms control treaties. (C) Transmitting non-urgent notifications and information requests required under Article 5 of the 1971 Agreement on Measures to Reduce the Risk of Outbreak of Nuclear War Between the United States and the Union of Soviet Socialist Republics. (D) Providing a forum for discussions between the United States and the Soviet Union on restricting nuclear, chemical, and missile proliferation. (E) Serving as a meeting place for high-level military discussions on nuclear doctrines, forces and activities, and regional security concerns. (2) Installation of post-launch destruct mechanisms on all intercontinental ballistic missiles (ICBMs) and submarine launched ballistic missiles (SLBMs) deployed by the United States. (3) Installation by the United States of permissive action links (PALs) on all nuclear weapons at sea.
SEC. 1442. START AND STRATEGIC MODERNIZATION
(a) FINDINGS.The Congress makes the following findings: (1) The United States and the Soviet Union are engaged in the Strategic Arms Reduction Talks (START) in Geneva. (2) In the Joint Statement on the Treaty on Strategic Offensive Arms signed in June 1990, the two sides reaffirmed their determination to have a START agreement completed and ready for signature by the end of 1990. (3) Under the provisions of a START agreement, both sides will carry out significant reductions in strategic offensive arms. (4) In the Joint Statement on Future Negotiations on Nuclear and Space Arms and Further Enhancing Strategic Stability, the United States and the Soviet Union agreed to pursue new talks on strategic offensive arms, and on the relationship between strategic offensive and defensive arms. (5) The objectives of these negotiations will be to reduce further the risk of outbreak of war, particularly nuclear war, and to ensure strategic stability, transparency and predictability through further stabilizing reductions in the strategic arsenals of both countries. (6) The President's effort to negotiate such agreements is dependent upon the maintenance of a vigorous research and development and modernization program as required for a prudent defense posture. (7) The Soviet Union has maintained a robust strategic modernization program throughout the course of the START negotiations which continues today.
104 STAT. 1692
PUBLIC LAW 101-510NOV. 5, 1990. (b) It is the sense of the Congress that (1) the Congress fully supports United States efforts to enhance strategic stability; and (2) the United States should pursue stabilizing strategic arms reduction agreements while maintaining a vigorous research and development and modernization program for United States strategic forces as required for a prudent defense posture.
SEC. 1443. STRATEGIC ARMS REDUCTION TALKS AGREEMENT
(a) SENSE OF CONGRESS.It is the sense of the Congress that the President, before concluding an agreement in the Strategic Arms Reduction Talks, should provide to Congress (1) a report on whether the SS-23 INF missiles of Soviet manufacture, which the Soviet Union has confirmed have been stationed in the territory of the former German Democratic Republic and in the territories of Czechoslovakia and Bulgaria, constitute a violation of the INF Treaty or constitute deception in the INF negotiations, and whether the United States has reliable assurances that those missiles will be destroyed; and (2) a report on whether the Krasnoyarsk radar, which the Foreign Minister of the Soviet Union admitted is a clear violation of the 1972 ABM Treaty, has been verifiably dismantled in accordance with United States criteria.
BfffHl^_ information. FORM OF REPORTS.The reports under paragraphs (1) and (2) of
subsection (a) should be submitted in both classified and unclassified form.

PART EMATTERS RELATING TO ALLIES AND OTHER NATIONS SEC. 1451. RECIPROCAL LOGISTICAL SUPPORT
(a) CROSS-SERVICING AGREEMENTS.Subsection (a) of section 2342 of title 10, United States Code, is amended to read as follows: "(a)(1) Subject to section 2343 of this title and to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into an agreement described in paragraph (2) with "(A) the government of a North Atlantic Treaty Organization country; "(B) a subsidiary body of the North Atlantic Treaty Organization; or "(C) the government of a country not a member of the North Atlantic Treaty Organization but which is designated by the Secretary of Defense, subject to the limitations prescribed in subsection (b), as a government with which the Secretary may enter into agreements under this section. "(2) An agreement referred to in paragraph (1) is an agreement under which the United States agrees to provide logistic support, supplies, and services to military forces of a country or subsidiary body referred to in paragraph (1) in return for the reciprocal provisions of logistic support, supplies, and services by such government or subsidiary body to elements of the armed forces.".
(b) ADDITIONAL AUTHORITY IN CONNECTION WITH MUTUAL DEFENSE AGREEMENTS AND OCCUPATIONAL ARRANGEMENTS.(1) Chapter 138
of title 10, United States Code, is amended by adding at the end of subchapter II the following new section:
104 STAT. 1693
" 2350g. Authority to accept use of real property, services, and supplies from foreign countries in connection with mutual defense agreements and occupational arrangements "(a) AUTHORITY TO ACCEPT.The Secretary of Defense may accept from a foreign country, for the support of any element of the armed forces in an area of that country "(1) real property or the use of real property and services and supplies for the United States or for the use of the United States in accordance with a mutual defense agreement or occupational arrangement; and "(2) services furnished as reciprocal international courtesies or as services customarily made available without charge. "(b) QUARTERLY REPORTS.(1) Not later than 30 days after the end of each quarter of each fiscal year, the Secretary of Defense shall submit to Congress a report on property, services, and supplies accepted by the Secretary under this section during the preceding quarter. The Secretary shall include in each such report a description of all property, services, and supplies having a value of more than $1,000,000. "(2) In computing the value of any property, services, and supplies referred to in paragraph (1), the Secretary shall aggregate the value of "(A) similar items of property, services, and supplies accepted by the Secretary during the quarter concerned; and "(B) components which, if assembled, would comprise all or a substantial part of an item of equipment or a facility.
"(c) AUTHORITY TO U S E PROPERTY, SERVICES, AND SUPPLIES.Prop-
erty, services, or supplies referred to in subsection (a) may be used by the Secretary of Defense without specific authorization, except that such property, services, and supplies may not be used in connection with any program, project, or activity if the use of such property, services, or supplies would result in the violation of any prohibition or limitation otherwise applicable to that program, project, or activity. "(d) ANNUAL AUDIT BY G A O . T h e Comptroller General of the United States shall conduct an annual audit of property, services, and supplies accepted by the Secretary of Defense under this section and shall submit a copy of the results of each such audit to Congress.". (2) The table of sections at the beginning of chapter 138 of such title is amended by adding at the end the following new item:
"2350g. Authority to accept use of real property, services, and supplies from foreign countries in connection with mutual defense agreements and occupational arrangements.".
(c) CONFORMING REPEAL.Section 9008 of the Department of Defense Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1130), lo use 2341 note. is repealed.
SEC. 1452. DEPARTMENT OF DEFENSE OMBUDSMAN FOR FOREIGN SIGNATORIES OF INTER-GOVERNMENTAL MEMORANDUMS OF AGREEMENT CONCERNING ACQUISITION MATTERS
(a) DESIGNATION OF OMBUDSMAN,(1) Chapter 138 of title 10, United States Code, as amended by section 1451(b), is amended by adding at the end of subchapter II the following new section:
.104 STAT. 1694
" 2350h. Memorandums of agreement: Department of Defense ombudsman for foreign signatories "The Secretary of Defense shall designate an official to act as ombudsman within the Department of Defense on behalf of foreign governments who are parties to memorandums of agreement with the United States concerning acquisition matters under the jurisdiction of the Secretary of Defense. The official so designated shall assist officials of those foreign governments in understanding and complying with procedures and requirements of the Department of Defense (and, as appropriate, other departments and agencies of the United States) insofar as they relate to any such memorandum of agreement.". (2) The table of sections at the beginning of such subchapter, as amended by section 1451(b), is amended by adding at the end the following new item:
"2350h. Memorandums of agreement: Department of Defense ombudsman for foreign signatories.'.
22 use 2350h "^-
(b) DEADLINE.The official required to be designated under section 2350h of title 10, United States Code, as added by subsection (a), shall be designated by the Secretary of Defense not later than 90 days after the date of the enactment of this Act. SEC. 1453. EXPANSION OF SCOPE OF REQUIREMENTS RELATING TO DEFENSE MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS Section 2504(a) of title 10, United States Code, is amended by inserting "or to the reciprocal procurement of defense items," after "defense equipment," in the matter above clause (1). SEC. 1454. COOPERATION WITH JAPAN ON TECHNOLOGICAL RESEARCH AND DEVELOPMENT (a) FINDINGS.Congress makes the following findings: (1) Japan has developed highly sophisticated research and manufacturing capabilities. (2) Those capabilities have produced technologies that can be usefully applied to the development and manufacture of both commercial products and defense equipment. (3) The availability of those technologies to the United States would greatly enhance the development and manufacture of defense equipment for the Armed Forces of the United States. (4) Since the exchange of notes between the United States and Japan on the transfer of Japanese military technologies in 1983, the level and quality of technological cooperation between the two countries have been unsatisfactory. (5) Effective cooperation in technology research and development between the United States and Japan would enhance the security of both countries.
(b) SENSE OF CONGRESS.It is the sense of Congress that
(1) the United States and Japan should strengthen their cooperation with regard to technology that would contribute to the security of both countries; (2) technological cooperation between the two countries should be based upon an equitable and mutual sharing of the costs and benefits of that cooperation; and (3) the Secretary of Defense should improve the staffing, funding, and organization of those activities within the Depart-
104 STAT. 1695
ment of Defense responsible for implementing and overseeing technological cooperation with Japan. (c) COOPERATION ON RESEARCH AND DEVELOPMENT.In light of the expressions in subsections (a) and (b), Congress urges and requests the President and directs the Secretary of Defense to pursue vigorously opportunities for the United States and Japan to cooperate in the development of technologies that benefit the security of both countries, particularly those technologies that have both commercial and military applications, commonly referred to as "dual-use" technologies. (d) COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS.(1) Subject to paragraphs (2) and (3), of the funds authorized to be appropriated pursuant to section 201 for basic research, exploratory development, and advanced technology, $10,000,000 shall be available for research and development projects conducted jointly by the United States and Japan, pursuant to a memorandum of understanding or other formal agreement, for the purpose of (A) developing new conventional defense equipment; or (B) modifying existing defense equipment to meet United States defense requirements. (2)(A) Funds made available for research and development projects under paragraph (1) may be obligated and expended for a particular research project only if the Secretary of Defense determines that (i) the particular project will improve, through the application of emerging technology, the conventional defense capabilities of the United States and Japan; and (ii) the applicable memorandum of understanding or other formal agreement provides for the sharing of costs on an equitable basis. (B) The Secretary may delegate the performance of the responsibility to make determinations under subparagraph (A) only to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition. (3) None of the funds made available for research and development projects under paragraph (1) may be used for research and development under the Strategic Defense Initiative. (e) STAFFING.The Secretary of Defense is urged to increase the number of personnel assigned to the Office of the Deputy Under Secretary of Defense (International Programs) for the specific purpose of providing oversight of the joint research and development projects of the United States and Japan for which funds are made available under subsection (d).
SEC. 1455. PERMANENT CEILING ON UNITED STATES ARMED FORCES IN JAPAN AND CONTRIBUTIONS BY JAPAN TO THE SUPPORT OF UNITED STATES FORCES IN JAPAN 10 USC 113 note.
(a) PURPOSE.It is the purpose of this section to require Japan to offset the direct costs (other than pay and allowances for United States military and civilian personnel) incurred by the United States related to the presence of United States military personnel in Japan.
(b) PERMANENT CEILING ON UNITED STATES ARMED FORCES IN
JAPAN.Funds appropriated pursuant to an authorization contained in this Act or any subsequent Act may not be used to support an end strength level of all personnel of the Armed Forces of the United States stationed in Japan at any level in excess of 50,000.
104 STAT. 1696

(c) SENSE OF CONGRESS ON ALLIED BURDEN SHARING.(1) Congress
President.
recognizes that Japan has made a substantial pledge of financial support to the effort to support the United Nations Security Council resolutions on Iraq. (2) It is the sense of Congress that (A) all countries that share the benefits of international security and stability should, commensurate with their national capabilities, share in the responsibility for maintaining that security and stability; and (B) given the economic capability of Japan to contribute to international security and stability, Japan should make contributions commensurate with that capability. (d) NEGOTIATIONS.At the earliest possible date after the date of the enactment of this Act, the President shall enter into negotiations with Japan for the purpose of achieving an agreement before September 30, 1991, under which Japan offsets all direct costs (other than pay and allowances for United States military and civilian personnel) incurred by the United States related to the presence of all United States military personnel stationed in Japan. (e) EXCEPTIONS.(1) This section shall not apply in the event of a declaration of war or an armed attack on Japan. (2) This section may be waived by the President if the President (A) declares an emergency or determines that such a waiver is required by the national security interests of the United States; and (B) immediately informs the Congress of the waiver and the reasons for the waiver.
SEC. 1456. LIMITATION ON THE COSTS TO THE UNITED STATES FOR PAYMENTS TO FOREIGN NATIONALS EMPLOYED AT BASES OUTSIDE THE UNITED STATES
(a) LIMITATION.The costs incurred by the United States during fiscal year 1991 for the payment of salaries and other remuneration to foreign nationals who are employed at United States military installations located outside the United States shall be reduced by the Secretary of Defense at a rate necessary to achieve a 25 percent reduction in such costs by the end of fiscal year 1991 below the amount that was requested for such costs in the budget for fiscal year 1991 submitted by the President to Congress under section 1105 of title 31, United States Code.
(b) WAIVER AUTHORITY AND REQUIREMENT OF NOTIFICATION.The
Secretary of Defense may waive the requirement of subsection (a) if the Secretary determines that the national security interests of the United States require such action. If the requirement of subsection (a) is waived, the Secretary shall notify Congress of that action and include in that notification the reasons for such waiver.
50 u s e 404c. President. SEC. 1457. ANNUAL REPORT ON UNITED STATES SECURITY ARRANGEMENTS AND COMMITMENTS WITH OTHER NATIONS
(a) REPORT REQUIREMENTS.The President shall submit to the Committees on Armed Services and on Foreign Affairs of the House of Representatives and the Committees on Armed Services and Foreign Relations of the Senate each year a report (in both classified and unclassified form) on United States security arrangements with, and commitments to, other nations. (b) MATTERS TO B E INCLUDED.The President shall include in each such report the following:
104 STAT. 1697
(1) A description of (A) each security arrangement with, or commitment to, other nations, whether based upon (i) a formal document (including a mutual defense treaty, a pre-positioning arrangement or agreement, or an access agreement), or (ii) an expressed policy; and (B) the historical origins of each such arrangement or commitment. (2) An evaluation of the ability of the United States to meet its commitments based on the projected reductions in the defense structure of the United States. (3) A plan for meeting each of those commitments with the force structure projected for the future. (4) An assessment of the need to continue, modify, or discontinue each of those arrangements and commitments in view of the changing international security situation. (c) DEADLINE FOR REPORT.(1) Except as provided in paragraph (2), the President shall submit the report required by subsection (a) not later than February 1 of each year. (2) In the case of the report required to be submitted in 1991, the evaluation, plan, and assessment referred to in paragraphs (2), (3), and (4) of subsection O> may be submitted not later than May 1, t) 1991.
SEC. 1458. ECONOMIC SANCTIONS AGAINST THE REPUBLIC OF IRAQ 50 USC 1701
If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not (1) prohibited (A) the importation of products of Iraq into its customs territory, and (B) the export of its products to Iraq; or (2) given assurances satisfactory to the President that such import and export sanctions will be promptly implemented.
SEC. 1459. HUMANITARIAN ASSISTANCE FOR LITHUANIA
(a) SENSE OF CONGRESS.It is the sense of Congress that the President should provide appropriate forms of humanitarian assistance for Lithuania. Such assistance is necessary as a result of the courageous efforts of the Lithuanian people to rebuild an independent society and state.
(b) AGENCY FOR INTERNATIONAL DEVELOPMENT.The Adminis-
trator of the Agency for International Development should (1) furnish such humanitarian assistance through the International Committee of the Red Cross, the Lithuanian Red Cross, CARITAS, and other voluntary relief agencies; (2) solicit private sector donations of humanitarian assistance for Lithuania; (3) cooperate with private relief agencies attempting to provide humanitarian assistance to Lithuania; and (4) make all necessary arrangements to ensure that Lithuanians begin to receive critical humanitarian assistance as soon as possible.
104 STAT. 1698

(c) HUMANITARIAN ASSISTANCE FOR LATVIA, ESTONIA, ETC.Where
possible, appropriate humanitarian assistance should also be extended to Latvia and Estonia as well as needy republics of the Soviet Union. (d) DEFINITION.As used in this section, the term "humanitarian assistance" includes (1) medical supplies; (2) oil, gas, and fuel for emergency vehicles and medical facilities; (3) water purification supplies, materials for immunization, and other materials needed to prevent the outbreak of contagious diseases and to safeguard public health; (4) food and clothing; and (5) transportation of private donations of humanitarian assistance.
PART FMISCELLANEOUS MATTERS SEC. 1461. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS
Reports.
(a) I N GENERAL.Subsection (c) of section 119 of title 10, United States Code, is amended to read as follows: "(c)(1) Whenever a change in the classification of a special access program of the Department of Defense is planned to be made or whenever classified information concerning a special access program of the Department of Defense is to be declassified and made public, the Secretary of Defense shall submit to the defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change. "(2) Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur. "(3) If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Department of Defense, the Secretary may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances.". (b) AMENDMENT TO DEFINITION.Subsection (f) of such section is amended by inserting "and Appropriations" after "Armed Services" in paragraph (1).
SEC. 1462. DEVELOPMENT AND PRODUCTION OF WEAPONS AND WEAPON SYSTEMS HAVING STANDOFF ATTACK CAPABILITIES AND EMPLOYING SENSOR-FUSED DEVICES
The Secretary of the Air Force (1) should complete development of weapons and weapon systems having standoff attack capabilities and employing sensor-fused devices; (2) upon completion of such development, should proceed with the production of such weapons and weapon systems; and (3) should provide that such production should take place at facilities so selected during the development phase of these weapons.
104 STAT. 1699
SEC. 1463. AUTHORITY TO REIMBURSE NORTH AMERICAN VAN LINES AND THE CHURCH OF GOD FOR CERTAIN DAMAGES CAUSED DURING OPERATION JUST CAUSE
(a) AUTHORITY TO REIMBURSE.Notwithstanding any other provision of law, the Secretary of the Defense, subject to the approval of the Attorney General, may, to the extent that funds are available for obligation (1) reimburse North American Van Lines, a corporation operating under the laws of the State of Delaware, in an amount not to exceed $357,000, for damage to, or loss of, property owned by that corporation that (A) was located pursuant to the requirements of a contract with the Department of Defense at Albrook Air Force Base, Panama, on December 22,1989; and (B) was damaged or destroyed by United States Armed Forces during Operation Just Cause begun on December 22, 1989; and (2) reimburse the Church of God in an amount not to exceed $325,000, for damage to, or loss of, property owned by that church that (A) was in the vicinity of Albrook Air Force Base, Panama, on December 22, 1989; and (B) was damaged or destroyed by United States Armed Forces during Operation Just Cause begun on December 22, 1989.
O> ADMINISTRATIVE REQUIREMENTS.Reimbursement may be alt)
lowed under subsection (a) only if (1) a request for such reimbursement is presented in writing to the Secretary of Defense not later than December 22, 1991; (2) the damage to, or loss of, property was not caused in whole or in part by a negligent or wrongful act of (A) North American Van Lines (or an agent or employee of North American Van Lines), in the case of property described in subsection (a)(1); and (B) the Church of God (or an agent or employee of the Church of God), in the case of property described in subsection (a)(2); and (3) the amount of damages is substantiated by the Secretary of Defense. (c) LIMITATIONS.(1) No funds may be paid pursuant to this section to North American Van Lines until North American Van Lines has made every reasonable effort (as determined by the Secretary of Defense) to secure compensation for the losses covered by this section through private means. No funds may be paid pursuant to this section to the Church of God until the Church of God has made every reasonable effort (as determined by the Secretary of Defense) to secure compensation for the losses covered by this section through private means. (2) No more than 20 percent of the sum paid under this section to North American Van Lines may be paid to any attorneys for legal services rendered in connection with the damage to, or loss of, property with respect to which that amount is paid. No more than 20 percent of the sum paid under this section to the Church of God may be paid to any attorneys for legal services rendered in connection with the damage to, or loss of, property with respect to which that amount is paid.
104 STAT. 1700
(3) Acceptance of a payment by North American Van Lines under this section constitutes full and final settlement of any claim by North American Van Lines against the United States resulting from the damage to, or loss of, property described in subsection (a). Acceptance of a payment by the Church of God under this section constitutes full and final settlement of any claim by the Church of God against the United States resulting from the damage to, or loss of, property described in subsection (a).
SEC. 1464. EXTENSION OF DEADLINE FOR NATIONAL TEST CENTER INSTRUMENTATION
Section 166(b)(2) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1391) is amended by striking out "July 1, 1990" and inserting in lieu thereof "January 1,1993".
10 u s e 2341 SEC. 1465. OVERSEAS WORKLOAD PROGRAM
(a) I N GENERAL.A firm of any member nation of the North Atlantic Treaty Organization (NATO) or of any major non-NATO ally shall be eligible to bid on any contract for the maintenance, repair, or overhaul of equipment of the Department of Defense to be awarded under competitive procedures as part of the program of the Department of Defense known as the Overseas Workload Program.
(b) SITE FOR PERFORMANCE OF WORK.A contract awarded during
fiscal year 1991 to a firm described in subsection (a) may be performed in the theater in which the equipment is normally located or in the country in which the firm is located. (c) EXCEPTIONS.The Secretary of a military department may restrict the geographic region in which a contract referred to in subsection (a) may be performed if the Secretary determines that performance of the contract outside the specific region (1) could adversely affect the military preparedness of the Armed Forces of the United States; or (2) would violate the terms of an international agreement to which the United States is a party.
10 u s e 4331 note. SEC. 1466. DESIGNATION OF THE COLONEL THOMAS HAWKINS JOHNSON VISITING SCHOLAR PROGRAM AND LECTURE SERIES
(a) VISITING SCHOLAR PROGRAM.(1) The Secretary of the Army shall establish a visiting scholar program at the United States Military Academy to be known as the "Thomas Hawkins Johnson Visiting Scholar Program". The Secretary shall select not more than two scholars to participate in the program for an academic year. A person selected to participate in the program shall serve as an instructor at the Academy for two weeks during the academic year and perform such duties as the Secretary may assign. (2) There is authorized to be appropriated to the Secretary of the Army $25,000 for each fiscal year to carry out this subsection. (b) LECTURE SERIES.(1) The Secretary of Defense shall establish a lecture series at the National Defense University to be known as the "Thomas Hawkins Johnson Lecture Series". The Secretary shall use the lecture series to bring prominent persons to the National Defense University to deliver lectures on topics relating to public policy, national security, and science. (2) There is authorized to be appropriated to the Secretary of Defense $25,000 for each fiscal year to carry out this subsection.
104 STAT. 1701
SEC. 1467. STUDY OF COMMERCIAL AVIATION ACCESS TO CERTAIN RESTRICTED SPECIAL USE AIRSPACE
(a) STUDY REQUIRED.The Secretary of Defense and the Secretary of Transportation shall conduct a joint study to determine the feasibility of permitting civilian commercial aircraft to have access to restricted special use airspace over the coastal waters of the midAtlantic region of the Eastern United States for the purpose of enhancing commercial aviation safety, improving air traffic control efficiency, and reducing the impact of aviation noise on populated areas. (b) REPORT.(1) The Secretaries shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives a joint report containing the results of the study required by subsection (a), together with such comments and recommendations as the Secretaries consider appropriate. The report may be submitted in both classified and unclassified form. (2) The Secretaries shall include in the report the following: (A) A discussion of the current policy of the Department of Defense regarding civilian commercial access to restricted special use airspace. (B) An accounting of civilian commercial aircraft access to such special use airspace during each of the years 1988 and 1989. (C) A summary of requests received by the Department of Defense from the Federal Aviation Administration for increased access to the special use airspace referred to in subsection (a) and the disposition of those requests by the Department of Defense. (D) Proposals for permitting increased access to such special use airspace, particularly during daylight hours, by civilian commercial aircraft. (E) An analysis of the feasibility of providing such access. (3) The report shall be submitted not later than 90 days after the date of the enactment of this Act. (c) DEVELOPMENT OF PROCEDURES.If the Secretaries determine, on the basis of the study under subsection (a), that additional access to the special use airspace described in that subsection can be permitted, consistent with the national security interests of the United States, the Secretary of Defense shall develop, in coordination with the Secretary of Transportation, procedures for providing such additional access for civilian commercial aircraft to such airspace.
SEC. 1468. CONSULTATION AND REPORT REQUIREMENTS RELATING TO RANCH HAND STUDY OF DEPARTMENT OF THE AIR FORCE
(a) CONSULTATION WITH ADVISORY COMMITTEE.The Ranch Hand Advisory Committee may consult directly with and provide information and recommendations directly to the Department of the Air Force scientists conducting the Ranch Hand Study, and such scientists may consult directly with and provide information and recommendations directly to the Ranch Hand Advisory Committee. No officer or employee of the Federal Government may intervene in or impair direct communication between the Advisory Committee and such scientists for purposes related to such study except as may
104 STAT. 1702
be necessary to prevent inappropriate disclosure of classified information. (b) ANNUAL REPORTS.The Secretary of Defense shall revise the schedule of reports prepared by the Secretary pursuant to section 1205(c) of Public Law 100-687 (102 Stat. 4126) so as to provide for the preparation and submission of annual reports under that section, to be submitted not later than February 1 of each year, and to provide for the preparation and submission of a final report under that section. (c) DEFINITIONS.In this section: (1) The term "Ranch Hand Advisory Committee" means the committee known as the "Advisory Committee on Special Studies Relating to the Possible Long-term Health Effects of Phenoxy Herbicides and Contaminants" established by the Secretary of Health and Human Services to monitor the conduct of the Ranch Hand Study. (2) The term "Ranch Hand Study" means the special study conducted by the Secretary of the Air Force relating to the possible long-term effects of phenoxy herbicides and contaminants on Air Force personnel who participated in Operation Ranch Hand in the Republic of Vietnam during the Vietnam era.
SEC. 1469. ANNUAL PRESENTATION FOR CONGRESSIONAL DEFENSE LEADERSHIP ON UNITED STATES NATIONAL MILITARY STRATEGY
(a) SENSE OF CONGRESS.It is the sense of Congress that the President should provide for an annual presentation to be given to the congressional defense leaders named in subsection (b) on the national military strategy of the United States. That presentation should particularly cover the theater and strategic nuclear components of the national military strategy and should include a discussion of (1) nuclear targeting policy and requirements, and (2) the implications of such nuclear targeting policy and requirements for (A) theater and strategic nuclear force structure and operations, and (B) defense resources and their allocation. (b) DEFINITION.The congressional defense leaders referred to in subsection (a) are (1) the chairmen and ranking minority members of the Committees on Armed Services of the Senate and House of Representatives; and (2) the chairmen and ranking minority members of the Defense Subcommittees of the Committees on Appropriations of the Senate and House of Representatives.
PART GCONGRESSIONAL FINDINGS, POLICIES, AND COMMENDATIONS SEC. 1471. COMMEMORATION OF THE EFFORTS OF THE BATTLE OF THE BULGE HISTORICAL FOUNDATION
(a) FINDINGS.Congress makes the following findings: (1) The Battle of the Ardennes-Alsace Campaign of World War II, commonly known as the Battle of the Bulge, was fought in the Ardennes region of eastern Belgium and northern Luxembourg, from December 16, 1944, to January 25, 1945, in the deepest snow and during the coldest temperatures in the memory of the inhabitants of the region.
104 STAT. 1703
(2) 600,000 members of the Armed Forces of the United States fought in the Battle of the Bulge, making the battle the largest land battle ever fought by United States military forces. (3) The battle claimed 81,000 United States casualties, including 19,000 killed. (4) In 1988, many of the veterans of the battle, including the 7,000 member organization known as the Veterans of the Battle of the Bulge, organized the Battle of the Bulge Historical Foundation to commemorate the heroic sacrifices made by the United States servicemembers who saw action during the Battle of the Bulge, to pay homage to the servicemen killed in that battle, and to inform the present and future youth of this Nation regarding the costs of war and the price of liberty. (5) The efforts of the foundation are directed toward expanding the existing United States Army Museum, located at Fort George G. Meade, Maryland, to include a gallery dedicated to the Battle of the Bulge, the participants in that battle, and World War II generally. (6) The Museum and the foundation have agreed to act jointly to achieve goals relating to the commemoration of the Battle of the Bulge. (7) Installation of a gallery at the museum devoted to the Battle of the Bulge will result in the museum having the only gallery in the United States devoted exclusively to commemorating that battle. (8) The Battle of the Bulge Historical Foundation has set a goal of raising $1,500,000 by December 16, 1994, the 50th anniversary of the battle, to accomplish the objective of appropriately preserving the memory of the battle. (b) RECOGNITION AND COMMENDATION.In light of the findings in subsection (a). Congress recognizes and commends the efforts of the Battle of the Bulge Historical Foundation to provide for the installation of a special gallery at the United States Army Museum at Fort George G. Meade, Maryland, devoted to the collection, preservation, and exhibition of military artifacts relating to the Battle of the Bulge and to commemorate that historic battle.
SEC. 1472. COMMENDATION OF UNITED STATES MILITARY PERSONNEL FOR PHILIPPINE EARTHQUAKE RELIEF EFFORT
(a) FINDINGS.^Congress makes the following findings: (1) The members of the United States Air Force, Marine Corps, and Navy serving in the Pacific region have given substantial and significant assistance to the Government and people of the Republic of the Philippines following a severe earthquake on July 16, 1990, in the Philippines which resulted in the deaths of over 1,600 people and severe dislocation and devastation. (2) United States military personnel stationed in the Philippines have traditionally exhibited a strong respect and admiration for the people of the Philippines. (3) A Marine Corps pilot was killed in a helicopter crash during an earthquake relief mission on July 20, 1990. (4) The United States Air Force has flown over 220 sorties, including medical evacuations, to assist in earthquake relief. (5) The Marine Corps has flown over 250 aircraft missions and has transported via helicopter over 1,000 Philippine nationals and more than 500,000 pounds of cargo.
104 STAT. 1704
PUBLIC LAW 101-510NOV. 5, 1990 (6) Navy medical personnel from the Subic Bay naval facility have provided critical medical assistance to those injured in the earthquake. (7) More than 1,140 tons of supplies and equipment have been airlifted to the Philippines or transported over land to Baguio City and Cabanatuan City, areas devastated by the earthquake. (8) Military civil engineering teams have restored more than half the damaged water systems and all of the electrical systems and have provided heavy equipment to aid in rescue operations. (9) 650 units of blood were donated by personnel of Clark Air Force Base and other Pacific Air Force bases and 120 units of blood were donated by personnel of the Subic Bay Naval Facility.
(b) SENSE OF CONGRESS.It is the sense of Congress
(1) that the earthquake relief assistance provided by United States military forces has played an essential role in the Philippine recovery from the July 16,1990, earthquake; and (2) that those members of the United States Armed Forces and their dependents who have assisted in Philippine earthquake relief should be commended by Congress for their considerable efforts on behalf of the Philippine people in their recovery efforts.
PART HCODIFICATION OF CERTAIN PROVISIONS OF LAW AND TECHNICAL AMENDMENTS SEC. 1481. RESTATEMENT IN TITLE 10, UNITED STATES CODE, OF SELECTED PERMANENT LAW PROVISIONS (a) CREDITING OF CERTAIN RECEIPTS FROM FOREIGN MILITARY
SALES.(1) Section 114(c) of title 10, United States Code, is (A) by inserting "(1)" after "(c)"; and (B) by adding at the end the following: "(2) Notwithstanding section 37(a) of the Arms Export Control Act (22 U.S.C. 2777(a)), amounts received by the United States pursuant to subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 2761(a)(1))"(A) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.), as authorized by section 51(b)(1) of that Act (22 U.S.C. 2795(b)(1)), but subject to the limitation in paragraph (1) and other applicable law; and "(B) to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 33020)) of title 31.". (2) Section 9017 of the Department of Defense Appropriations Act, 1990 (Public Law 101-165), is repealed.
(b) AUTHORITY TO PROCURE SERVICES OF EXPERTS AND CONSULT-
^peal 10 use 114 note.
ANTS.(1) Chapter 3 of title 10, United States Code, is amended by inserting after section 129a (as added by section 1483(b)) the following new section: " 129b. Experts and consultants: authority to procure services "(a) AUTHORITY.Subject to subsection (b), the Secretary of Defense and the Secretaries of the military departments may
104 STAT. 1705
"(1) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with section 3109 of title 5; and "(2) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence while such individuals are traveling from their homes or places of business to official duty stations and return as may be authorized by law. "(b) CONDITIONS.The services of experts or consultants (or organizations thereof) may be procured under subsection (a) only if the Secretary of Defense or the Secretary of the military department concerned, as the case may be, determines that "(1) the procurement of such services is advantageous to the United States; and "(2) such services cannot adequately be provided by the Department of Defense. "(c) REGULATIONS.Procurement of the services of experts and consultants (or organizations thereof) under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129a (as added by section 1483(b)) the following new item:
"129b. Experts and consultants: authority to procure services of.".
(3) Section 9002 of the Department of Defense Appropriations Act, Repeal. 10 u s e 2241 1990 (Public Law 101-165), is repealed. (c) MILITARY RELOCATION ASSISTANCE PROGRAMS.(1) Chapter 53 note. of title 10, United States Code, is amended by adding at the end a new section 1056 consisting of^ (A) a heading as follows: " 1056. Relocation assistance programs"; and (B) a text consisting of the text of subsections (a) through (g) of section 661 of the National Defense Authorization Act of Fiscal Years 1990 and 1991 (Public Law 101-189), revised 103 Stat. 1463. (i) by replacing "Not later than October 1, 1990, the Secretary of Defense shall establish" at the beginning of subsection (a) with "The Secretary of Defense shall carry out"; and (ii) by replacing "Armed Forces" each place it appears with "armed forces". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"1056. Relocation assistance programs.".
(3) Section 661 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1463) is repealed. (4) The program required to be carried out by section 1056 of title 10, United States Code, as added by paragraph (1), shall be established by the Secretary of Defense not later than October 1, 1990. The Secretary shall prescribe regulations to implement that section not later than July 1,1990.
Repeal. 10 u s e 113 note. 10 u s e 1056 note.
Regulations
39-194 O - 91 - 12 : QL 3 Part 3
104 STAT. 1706
(d) CIVILIAN PERSONNEL ADMINISTRATION.(1) Section 1584 of title 10, United States Code, is amended
(A) by inserting "(a) WAIVER OF EMPLOYMENT RESTRICTIONS
FOR CERTAIN PERSONNEL." before "Laws prohibiting"; and (B) by adding at the end the following:
"(b) NOTICE TO CONGRESS OF CERTAIN SALARY INCREASES.The
Secretary of Defense shall notify the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives when any salary increase granted to direct and indirect hire foreign national employees of the Department of Defense overseas, stated as a percentage, is greater than the higher of the following percentages: "(1) The percentage pay increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5. "(2) The percentage increase provided to national government employees of the host nation.". (2) The heading of such section is amended to read as follows: " 1584. Employment of non-citizens". (3) Section 1593 of such title is amended by adding at the end the following new subsection:
"(d) USE OF APPROPRIATED FUNDS FOR ALLOWANCE.Amounts
Repeal. Repeal. 10 u s e 1593 note.
appropriated annually to the Department of Defense for the pay of civilian employees may be used for uniforms, or for allowance for uniforms, as authorized by this section and section 5901 of title 5.". (4)(A) Section 8114 of the Department of Defense Appropriations Act, 1989 (Public Law 100-463; 10 U.S.C. 1584 note), is repealed. (B) Section 9010 of the Department of Defense Appropriations Act, 1990 (Public Law 101-165), is repealed. (e) MISCELLANEOUS ADMINISTRATIVE PROVISIONS.(1) Subchapter I of chapter 134 of title 10, United States Code, is amended by adding after section 2244 (as added by section 904) the following new section: " 2245. Use of aircraft for proficiency flying: limitation "(a) An aircraft under the jurisdiction of a military department may not be used by a member of the armed forces for the purpose of proficiency flying except in accordance with regulations prescribed by the Secretary of Defense. "(b) Such regulations "(1) may not require proficiency flying by a member except to the extent required for the member to maintain flying proficiency in anticipation of the member's assignment to combat operations; and "(2) may not permit proficiency flying in the case of a member who is assigned to a course of instruction of 90 days or more. "(c) In this section, the term 'proficiency flying' has the meaning given that term in Department of Defense Directive 1340.4.". (2) The table of sections at the beginning of such subchapter is amended by adding after the item relating to section 2244, as added by section 1036, the following new item:
"2245. Use of aircraft for proficiency flying: limitation.".
Regulations.
Repeal. 10 u s e 2241 note.
(3) Section 9006 of the Department of Defense Appropriations Act, 1990 (Public Law 101-165), is repealed.
PUBLIC LAW 1 0 1 - 5 1 0 - N O V . 5, 1990
104 STAT. 1707
(f) REIMBURSEMENT REQUIRED FOR PROVISION OF MEDICAL CARE TO FOREIGN MIUTARY AND DIPLOMATIC PERSONNEL.(1) Chapter 151 of
title 10, United States Code, is amended by adding at the end the following new section: " 2549. Provision of medical care to foreign military and diplomatic personnel: reimbursement required; waiver for provision of reciprocal services "(a) REIMBURSEMENT REQUIRED.Except as provided in subsection (b), whenever the Secretary of Defense provides medical care in the United States on an inpatient basis to foreign military and diplomatic personnel or their dependents, the Secretary shall require that the United States be reimbursed for the costs of providing such care. Payments received as reimbursement for the provision of such care shall be credited to the appropriations against which charges were made for the provision of such care.
"(b) WAIVER W H E N RECIPROCAL SERVICES PROVIDED UNITED STATES MILITARY PERSONNEL.Notwithstanding subsection (a), the Sec-
retary of Defense may provide inpatient medical care in the United States without cost to military personnel and their dependents from a foreign country if comparable care is made available to a comparable number of United States military personnel and their dependents in that foreign country.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"2549. Provision of medical care to foreign military and diplomatic personnel: reimbursement required; waiver for provision of reciprocal services.".
(3) Section 9020 of the Department of Defense Appropriations Act, Repeal. 1990 (Public Law 101-165), is repealed. 10 USC 2241
(g) L I M I T A T I O N O N L E A S I N G O F A I R C R A F T A N D V E H I C L E S TO N O N "*-
FEDERAL AGENCIES.(1) Chapter 151 of title 10, United States Code,
as amended by subsection (f), is further amended by adding at the end the following new section: " 2550. Aircraft and vehicles: limitation on leasing to non-Federal agencies "The Secretary of Defense (or Secretary of a military department) may not lease to a non-Federal agency in the United States any aircraft or vehicle owned or operated by the Department of Defense if suitable aircraft or vehicles are commercially available in the private sector. However, nothing in the preceding sentence shall affect authorized and established procedures for the sale of surplus aircraft or vehicles.". (2) The table of sections at the beginning of such chapter, as amended by subsection (f), is further amended by adding at the end the following new item:
"2550. Aircraft and vehicles: limitation on leasing to non-Federal agencies.".
(3) Section 2550 of title 10, United States Code, as added by paragraph (1), does not prohibit the leasing of helicopters authorized by section 1463 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 765).
(4) Section 9025 of t h e D e p a r t m e n t of Defense Appropriations Act, 1990 (Public L a w 101-165), is repealed. Repeal. 10 USC 2241
note.
104 STAT. 1708
(h) ADMINISTRATION OF REAL PROPERTY.(1) Chapter 159 of title 10, United States Code, is amended by inserting after section 2677 the following new section: " 2678. Feral horses and burros: removal from military installations "When feral horses or burros are found on an installation under the jurisdiction of the Secretary of a military department, the Secretary may use helicopters and motorized equipment for their removal.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2677 the following new item:
"2678. Feral horses and burros: removal from military installations.". Repeal. 10 u s e 2241 note.
(3) Section 9030 of the Department of Defense Appropriations Act, 1990 (Public Law 101-165), is repealed. (i) ENVIRONMENTAL RESTORATION.(1) Section 2701 of title 10, United States Code, is amended by adding at the end the following new subsections:
"(f) USE OF APPROPRIATED FUNDS AT FORMER D O D SITES.Appro-
priations available to the Department of Defense may be used at sites formerly used by the Department of Defense for removal of unsafe buildings or debris of the Department of Defense.
"(g) REMOVAL OF UNSAFE BUILDINGS AND DEBRIS BEFORE RELEASE FROM FEDERAL CONTROL.In the case of property formerly used by
Repeal. 10 u s e 2701 note.
the Department of Defense which is to be released from Federal Government control and at which there are unsafe buildings or debris of the Department of Defense, all actions necessary to comply with regulations of the General Services Administration on the transfer of property in a safe condition shall be completed before the property is released from Federal Government control, except in the case of property to be conveyed to an entity of State or local government or to a native corporation.". (2) Section 9038 of the Department of Defense Appropriations Act, 1990 (Public Law 101-165), is repealed. (j) FUNDS AVAILABLE FOR PAYMENT OF CLAIMS.(1) Chapter 163 of title 10, United States Code, is amended by inserting after section 2731 the following new section: " 2732. Payment of claims: availability of appropriations "Appropriations available to the Department of Defense for operation and maintenance may be used for payment of claims authorized by law to be paid by the Department of Defense (except for civil functions), including "(1) claims for damages arising under training contracts with carriers; and "(2) repayment of amounts determined by the Secretary concerned to have been erroneously collected "(A) from military and civilian personnel of the Department of Defense; or "(B) from States or territories or the District of Columbia (or members of the National Guard units thereof).". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2731 the following new item:

"2732. Payment of claims: availability of appropriations.".
104 STAT. 1709
(3) Section 8098 of the Department of Defense Appropriations Act, Repeal. 1989 (Public Law 100-463; 10 U.S.C. 2241 note), is repealed. (4)(A) Section 2734(h) of title 10, United States Code, is amended by striking out "available to the" and all that follows and inserting in lieu thereof the following: "as provided in section 2732 of this title.". (B) Section 2734a of such title is amended (i) in subsection (c), by striking out "for that purpose" and inserting in lieu thereof "as provided in section 2732 of this title"; and (ii) in subsection (d), by striking out "the appropriation for claims of the Department of Defense" and inserting in lieu thereof "appropriations is provided in section 2732 of this title". (C) Section 2734b(d) of such title is amended by striking out "for that purpose" and inserting in lieu thereof the following: "as provided in section 2732 of this title". (k) LEGISLATIVE CONSTRUCTION.(1) A reference to a law replaced lO use note by the provisions of title 10, United States Code, enacted by this P^^- ^^^ section (including a reference in a regulation, order, or other law) shall be treated as referring to the corresponding provision enacted by this section. (2) A regulation, rule, or order in effect under a law replaced by the provisions of title 10, United States Code, enacted by this section shall continue in effect under the corresponding provision enacted by this title until repealed, amended, or superseded. (3) An action taken or an offense committed under a law replaced by the provisions of title 10, United States Code, enacted by this section shall be treated as having been taken or committed under the corresponding provision enacted by this title.
SEC. 1482. CODIFICATION OF CERTAIN RECURRING PROVISIONS OF ANNUAL DEFENSE APPROPRIATIONS ACTS (a) NOTICE OF INITIATION OF SPECIAL ACCESS PROGRAMS.Section
119 of title 10, United States Code, is amended (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): "(f) A special access program may not be initiated until "(1) the defense committees are notified of the program; and "(2) a period of 30 days elapses after such notification is received. . (b) EMPLOYMENT OF ALIENS.Section 1584 of title 10, United States Code, is amended by striking out "any expert" and all that follows through "that department" and inserting in lieu thereof "personnel of the Department of Defense". (c) PROCEDURE FOR TRANSFER OF APPROPRIATIONS.(1) Chapter 131 of such title is amended by inserting after section 2212 the following new section: " 2214. Transfer of funds: procedure and limitations
"(a) PROCEDURE FOR TRANSFER OF FUNDS.Whenever authority is
provided in an appropriation Act to transfer amounts in working capital funds or to transfer amounts provided in appropriation Acts for military functions of the Department of Defense (other than military construction) between such funds or appropriations (or any subdivision thereof), amounts transferred under such authority
104 STAT. 1710
shall be merged with and be available for the same purposes and for the same time period as the fund or appropriations to which transferred.
"(b) LIMITATIONS ON PROGRAMS FOR WHICH AUTHORITY MAY B E
USED.Such authority to transfer amounts "(1) may not be used except to provide funds for a higher priority item, based on unforeseen military requirements, than the items for which the funds were originally appropriated; and "(2) may not be used if the item to which the funds would be transferred is an item for which Congress has denied funds. "(c) NOTICE TO CONGRESS.The Secretary of Defense shall promptly notify the Congress of each transfer made under such authority to transfer amounts.
"(d) LIMITATIONS ON REQUESTS TO CONGRESS FOR
REPROGRAMMINGS.Neither the Secretary of Defense nor the Secretary of a military department may prepare or present to the Congress, or to any committee of either House of the Congress, a request with respect to a reprogramming of funds "(1) unless the funds to be transferred are to be used for a higher priority item, based on unforeseen military requirements, than the item for which the funds were originally appropriated; or "(2) if the request would be for authority to reprogram amounts to an item for which the Congress has denied funds.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2212 the following new item:
"2214. Transfer of funds: procedure and limitations.".
10 use 119 note.
(d) EFFECTIVE DATE.The amendments made by this section shall take effect on October 1,1991. SEC. 1483. RESTATEMENT OF LAW RELATING TO ANNUAL PERSONNEL STRENGTH AUTHORIZATIONS, ANNUAL MANPOWER REQUIREMENTS REPORTS, AND ANNUAL NATIONAL GUARD AND RESERVE COMPONENT PROCUREMENT REPORT (a) RESTATEMENT OF CURRENT LAW.Chapter 2 of title 10, United States Code, is amended by striking out section 115 and inserting in lieu thereof the following: " 115. Personnel strengths: requirement for annual authorization "(a) Congress shall authorize personnel strength levels for each fiscal year for each of the following: "(1) The end strength for each of the armed forces (other than the Coast Guard) for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel, and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel. "(2) The end strength for the Selected Reserve of each reserve component of the armed forces. "(3) The average military training student loads for each of the armed forces (other than the Coast Guard). "(4) The end strength for civilian personnel for each component of the Department of Defense. "(b) No funds may be appropriated for any fiscal year to or for
104 STAT. 1711
"(1) the use of active-duty personnel or full-time National Guard duty personnel of any of the armed forces (other than the Coast Guard) unless the end strength for such personnel of that armed force for that fiscal year has been authorized by law; "(2) the use of the Selected Reserve of any reserve component of the armed forces unless the end strength for the Selected Reserve of that component for that fiscal year has been authorized by law; "(3) training military personnel in the training categories described in subsection (f) of any of the armed forces (other than the Coast Guard) unless the average student load of that armed force for that fiscal year has been authorized by law; or "(4) the use of the civilian personnel of any component of the Department of Defense unless the end strength for civilian personnel of that component for that fiscal year has been authorized by law. "(c) Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may "(1) increase the end strength authorized pursuant to subsection (aXl)(A) for a fiscal year for any of the armed forces by a number equal to not more than 0.5 percent of that end strength; and "(2) increase the end strength authorized pursuant to subsection (a)(1)(B) for a fiscal year for any of the armed forces by a number equal to not more than 2 percent of that end strength. "(d) In counting active-duty personnel for the purpose of the endstrengths authorized pursuant to subsection (aXD, persons in the following categories shall be excluded: "(1) Members of the Ready Reserve ordered to active duty under section 673 of this title. "(2) Members of the Selected Reserve of the Ready Reserve ordered to active duty under section 673b of this title. "(3) Members of the National Guard called into Federal service under section 3500 or 8500 of this title. "(4) Members of the militia called into Federal service under chapter 15 of this title. "(5) Members of reserve components on active duty for training. "(6) Members of reserve components on active duty for 180 days or less to perform special work. "(7) Members on full-time National Guard duty for 180 days or less. "(e) The authorized strength of the Navy under subsection (a)(1) is increased by the authorized strength of the Coast Guard during any period when the Coast Guard is operating as a service in the Navy. "(f) Authorization under subsection (a)(3) is not required for unit or crew training student loads, but is required for student loads for the following individual training categories: "(1) Recruit and specialized training. "(2) Flight training. "(3) Professional training in military and civilian institutions. "(4) Officer acquisition training. " 115a. Annual manpower requirements report "(a) The Secretary of Defense shall submit to Congress, not later than February 15 of each fiscal year, an annual manpower require-
104 STAT. 1712
ments report. The report shall be in writing and shall contain the Secretary's recommendations for "(1) the annual active-duty end-strength level for each component of the armed forces for the next fiscal year; and "(2) the annual civilian personnel end-strength level for each component of the Department of Defense for the next fiscal year. "(b)(1) The Secretary shall include in each report under subsection (a) justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for that fiscal year and the national security policies of the United States in effect at the time. "(2) The justification and explanation shall specify in detail for all major military force units (including each land force division, carrier and other major combatant vessel, air wing, and other comparable unit) the following: "(A) Unit mission and capability. "(B) Strategy which the unit supports. "(C) Area of deployment and illustrative areas of potential deployment, including a description of any United States commitment to defend such areas. "(3) The justification and explanation shall also specify in detail the manpower required to perform the medical missions of each of the armed forces and of the Department of Defense. "(c) The Secretary shall include in each report under subsection (a) a detailed discussion of the following: "(1) The manpower required for support and overhead functions within the armed forces and the Department of Defense. "(2) The relationship of the manpower required for support and overhead functions to the primary combat missions and support policies. "(3) The manpower required to be stationed or assigned to duty in foreign countries and aboard vessels located outside the territorial limits of the United States, its territories, and possessions. "(d) In each such report, the Secretary shall also "(1) identify, define, and group by mission and by region the types of military bases, installations, and facilities; "(2) provide an explanation and justification of the relationship between this base structure and the proposed military force structure; and "(3) a comprehensive identification of base operating support costs and an evaluation of possible alternatives to reduce those costs. "(e) The Secretary shall also include in each such report, with respect to each armed force under the jurisdiction of the Secretary of a military department, the following: "(1) The number of positions that require warrant officers or commissioned officers serving on active duty in each of the officer grades during the current fiscal year and the estimated number of such positions for each of the next five fiscal years. "(2) The estimated number of officers that will be serving on active duty in each grade on the last day of the current fiscal year and the estimated numbers of officers that will be needed on active duty on the last day of each of the next five fiscal years.
104 STAT. 1713
"(3) An estimate and analysis for the current fiscal year and for each of the next five fiscal years of gains to and losses from the number of members on active duty in each officer grade, including a tabulation of "(A) retirements displayed by year of active commissioned service; "(B) discharges; "(C) other separations; "(D) deaths; "(E) promotions; and "(F) reserve and regular officers ordered to active duty. "(4) An analysis of the distribution of each of the following categories of officers serving on active duty on the last day of the preceding fiscal year by grade in which serving and years of active commissioned service: "(A) Regular officers. "(B) Reserve officers on the active-duty list. "(C) Reserve officers described in clauses (B) and (C) of section 523(b)(1) of this title. "(D) Officers other than those specified in subparagraphs (A), (B), and (C) serving in a temporary grade. "(5) An analysis of the number of officers and enlisted members serving on active duty for training as of the last day of the preceding fiscal year under orders specifying an aggregate period in excess of 180 days and an estimate for the current fiscal year of the number that will be ordered to such duty, tabulated by "(A) recruit and specialized training; "(B) flight training; "(C) professional training in military and civilian institutions; and "(D) officer acquisition training. "(f) In each such report, the Secretary shall also include recommendations for the average student load for each category of training for each component of the armed forces for the next three fiscal years. The Secretary shall include in the report justification for, and explanation of, the average student loads recommended. "(g)(1) In each such report, the Secretary shall also include recommendations for the end-strength levels for medical personnel for each component of the armed forces as of the end of the next fiscal year. "(2) For purposes of this subsection, the term 'medical personnel' includes "(A) in the case of the Army, members of the Medical Corps, Dental Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and Army Medical Specialist Corps; "(B) in the case of the Navy, members of the Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps; "(C) in the case of the Air Force, members designated as medical officers, dental officers. Air Force nurses, medical service officers, and biomedical science officers; "(D) enlisted members engaged in or supporting medically related activities; and "(E) such other personnel as the Secretary considers appropriate.
104 STAT. 1714
" 115b. Annual report on National Guard and reserve component equipment "(a) The Secretary of Defense shall submit to the Congress each year, not later than February 15, a written report concerning the equipment of the National Guard and the reserve components of the armed forces for each of the three succeeding fiscal years. "(b) Each report under this section shall include the following: "(1) Recommendations as to the type and quantity of each major item of equipment which should be in the inventory of the Selected Reserve of the Ready Reserve of each reserve component of the armed forces. "(2) A statement of the quantity and average age of each type of major item of equipment which is expected to be physically available in the inventory of the Selected Reserve of the Ready Reserve of each reserve component as of the beginning of each fiscal year covered by the report. "(3) A statement of the quantity and cost of each type of major item of equipment which is expected to be procured for the Selective Reserve of the Ready Reserve of each reserve component from commercial sources or to be transferred to each such Selected Reserve from the active-duty components of the armed forces. "(4) A statement of the quantity of each type of major item of equipment which is expected to be retired, decommissioned, transferred, or otherwise removed from the physical inventory of the Selected Reserve of the Ready Reserve of each reserve component and the plans for replacement of that equipment. "(5) A listing of each major item of equipment required by the Selected Reserve of the Ready Reserve of each reserve component indicating "(A) the full war-time requirement of that component for that item, shown in accordance with deployment schedules and requirements over successive 30-day periods following mobilization; "(B) the number of each such item in the inventory of the component; "(C) a separate listing of each such item in the inventory that is a deployable item and is not the most desired item; "(D) the number of each such item projected to be in the inventory at the end of the third succeeding fiscal year; and "(E) the number of nondeployable items in the inventory as a substitute for a required major item of equipment. "(6) A narrative explanation of the plan of the Secretary concerned to provide equipment needed to fill the war-time requirement for each major item of equipment to all units of the Selected Reserve, including an explanation of the plan to equip units of the Selected Reserve that are short of major items of equipment at the outset of war. "(7) For each item of major equipment reported under paragraph (3) in a report for one of the three previous years under this section as an item expected to be procured for the Selected Reserve or to be transferred to the Selected Reserve, the quantity of such equipment actually procured for or transferred to the Selected Reserve. "(c) Each report under this section shall be expressed in the same format and with the same level of detail as the information pre-
104 STAT. 1715
sented in the annual Five Year Defense Program Procurement Annex prepared by the Department of Defense.". (b) FURTHER RESTATEMENTS OF EXISTING LAW.(1) Chapter 3 of title 10, United States Code, is amended by inserting after section 123 the following new section: " 123a. Suspension of end-strength limitations in time of war or national emergency "If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any endstrength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year.". (2) Such chapter is further amended by inserting after section 129 the following new section: "129a. General personnel policy "The Secretary of Defense shall use the least costly form of personnel consistent with military requirements and other needs of the Department. In developing the annual personnel authorization requests to Congress and in carrying out personnel policies, the Secretary shall "(1) consider particularly the advantages of converting from one form of personnel (military, civilian, or private contract) to another for the performance of a specified job; and "(2) include in each manpower requirements report submitted under section 115a of this title a complete justification for converting from one form of personnel to another.". (c) CLERICAL AMENDMENTS.(1) The table of sections at the beginning of chapter 2 of title 10, United States Code, is amended by striking out the item relating to section 115 and inserting in lieu thereof the following new items:
"115. Personnel strengths: requirement for annual authorization. "115a. Annual manpower requirements report. "115b. Annual report on National Guard and reserve component equipment.".
(2) The table of sections at the beginning of chapter 3 of such title is amended (A) by inserting after the item relating to section 123 the following new item:
"123a. Suspension of end-strength limitations in time of war or national emergency."; and
(B) by inserting after the item relating to section 129 the following new item:
"129a. General personnel policy.". SEC. 1484. TECHNICAL AND CLERICAL AMENDMENTS
(a) DUPLICATE SECTION NUMBERS.The second section 1592 of title 10, United States Code (added by section 501(a) of Public Law 101193), is redesignated as section 1596, and the item relating to that section in the table of sections at the beginning of chapter 81 of such title is revised to reflect such redesignation.
(b) OBSOLETE PROVISIONS.
(1) Section 130 of title 10, United States Code, is amended
104 STAT. 1716
PUBLIC LAW 101-510NOV. 5, 1990 (A) by striking out "(1) Within" in subsection (b) and all that follows through "Such regulations" the first place it appears and inserting in lieu thereof "Regulations under this section"; and (B) by striking out "(2) In this" and inserting in lieu thereof "(c) In this". (2)(A) Section 2117 of title 10, United States Code, is repealed. (B) The table of sections at the beginning of chapter 104 of such title is amended by striking out the item relating to section 2117. (3) Section 2382(d) of such title is amended by striking out "United States Court of Claims" and inserting in lieu thereof "United States Claims Court". (4) Section 7307(b) of such title is amended (A) in paragraph (1) (i) by striking out "After August 5, 1974, no" and inserting in lieu thereof "A"; (ii) by inserting "not" after "may"; and (iii) by striking out "disposition thereof has been approved by law enacted after such date" and inserting in lieu thereof "disposition of that vessel is approved by law enacted after August 5,1974"; and (B) in paragraph (2), by striking out "After August 5, 1974, any" and inserting in lieu thereof "A".
(c) CONFORMING AMENDMENTS TO PRIOR REPEALS.
(1) Section 303a of title 37, United States Code, is amended by striking out "303, and 311" in subsections (a) and (c) and inserting in lieu thereof "and 303". (2) Section 801 of such title is amended by striking out "(b)" before "Payment may not be made".
(d) DATE OF ENACTMENT REFERENCES.
(1) Section 2130a of title 10, United States Code, is amended (A) by striking out "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991" in subsection (a)(1) and inserting in lieu thereof "November 29,1989,"; and (B) by striking out "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991" in subsection (d)(3) and inserting in lieu thereof "November 29,1989". (2) Section 302d of title 37, United States Code, is amended (A) by striking out "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991" in subsection (a)(1) and inserting in lieu thereof "November 29,1989,"; and (B) by striking out "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991" in subsection (d)(4) and inserting in lieu thereof "November 29,1989". (3) Section 302e of title 37, United States Code, is amended (A) by striking out "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991" in subsection (a) and inserting in lieu thereof "November 29,1989,"; and (B) by striking out "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990
104 STAT. 1717
and 1991" in subsection (e)(3) and inserting in lieu thereof "November 29,1989". (4) Section 559(a)(1) of title 37, United States Code, is amended by striking out "the date of the enactment of the Victims of Terrorism Compensation Act" and inserting in lieu thereof "August 27,1986".
(e) U.S.C. CITATIONS.
(1) Section 430(b) of title 37, United States Code, is amended by inserting "(20 U.S.C. 921 et seq.)" after "Defense Dependents' Education Act of 1978". (2) Section 559(c)(2) of such title is amended by inserting "(5 U.S.C. 5569 note)" after "Victims of Terrorism Compensation Act".
(f) AMENDMENTS FOR STYLISTIC CONSISTENCY.
(1) The heading of each chapter of title 37, United States Code, is revised so as to appear in all capital letters. (2) Section 2382(e) of title 10, United States Code, is amended by striking out "issued" and inserting in lieu thereof "prescribed". (3) Section 2431(b) of such title, as redesignated by section 1301(13), is amended by striking out "covered, and specifically include, but not be limited to" in the matter preceding paragraph (1) and inserting in lieu thereof "covered and shall specifically include". (4) Section 2432(c)(3) of such title, as amended by section 1407(a), is amended (A) by striking out "include" in the matter preceding suloparagraph (A) and inserting in lieu thereof "include the following:"; (B) by capitalizing the first letter of the first word of each of subparagraphs (B) and (C); (C) by striking out "; and" at the end of subparagraph (B) and inserting in lieu thereof a period; and (D) in subparagraph (C) (i) by striking out "program)" in the matter preceding clause (i) and inserting in lieu thereof "program) the following:"; (ii) by capitalizing the first letter of the first word of each of clauses (i) through (vii); (iii) by striking out the semicolon at the end of each of clauses (i) through (v) and inserting in lieu thereof a period; and (iv) by striking out "; and" at the end of clause (vi) and inserting in lieu thereof a period.
(g) DEFINITIONS.
(1) Section 1079(jX2)(B) of title 10, United States Code, is amended by inserting "the term" after "In subparagraph (A),". (2) Section 2382(a)(3) of such title is amended by inserting "the term" after "In this subsection,".
(h) CROSS REFERENCE CORRECTIONS.
(1) Section 1098(a) of title 10, United States Code, is amended by striking out "subsections (b) and (c)" and inserting in lieu thereof "subsection (b)". (2) Section 2330(b)(1) of such title is amended by striking out "section 114(g)" and inserting in lieu thereof "section 114a". (3) Section 2382(a)(3) of such title is amended by striking out "subsection (a)" and inserting in lieu thereof "paragraph (1)".
104 STAT. 1718

(4) Section 2436(d)(3) of such title is amended by striking out "section 2320(a)(4)" and inserting in lieu thereof "section 2302(6)". (5) Effective as of November 29, 1989, section 433(a) of title 37, United States Code, is amended by striking out "section 691 of title 10" and inserting in lieu thereof "section 687 of title 10". (6) Section 1013 of title 37, United States Code, is amended by striking out "or 1095" and inserting in lieu thereof "or 1095a". (7) Section 804(a) of Public Law 101-189 is amended by striking out "(as amended by section 842)" and inserting in lieu thereof "(as amended by section 802(c))". (8) Section 1213(b)(3) of Public Law 101-189 is amended by inserting "of title 10" after "chapter 18".
(i) HEADINGS, TABLES OF SECTIONS, ETC.
10 use 2366. 103 Stat. 1567.
(1) The table of sections at the beginning of subchapter IX of chapter 47 of title 10, United States Code, is amended by inserting after the item relating to section 867 (article 67) the following new item:
"867a. Art. 67a. Review by the Supreme Court.".
(2) The second subchapter XI of chapter 47 of such title (as added by section 1301(c) of Public Law 101-189) is redesignated as subchapter XII. (3)(A) The heading of section 2004 of title 10, United States Code, is amended by striking out "of the military departments". (B) The item relating to such section in the table of sections at the beginning of chapter 101 of such title is revised to conform to the amendment made by subparagraph (A). (4)(A) The heading of section 2007 of title 10, United States Code, is amended by striking out the first two words and capitalizing the first letter of the third word. (B) The item relating to that section in the table of sections at the beginning of chapter 101 of such title is revised to conform to the amendments made by subparagraph (A). (5) The item relating to section 2185 in the table of sections at the beginning of chapter 110 of title 10, United States Code, is amended by inserting "administered by" after "progams". (6) The table of sections at the beginning of chapter 131 of such title is amended by striking out the item relating to section 2213. (7) The table of subchapters at the beginning of chapter 138 of such title is amended by inserting "Sec." above "2341". (8) The table of sections at the beginning of chapter 141 of such title is amended by striking out the item relating to section 2407. (9) The table in section 406(b)(1)(C) of title 37, United States Code, is amended by inserting a period at the end of footnote 2. (]) Department of Veterans Affairs References. (1) Section 107403) of title 10, United States Code, is amended by striking out "Administrator" and inserting in lieu thereof "Secretary of Veterans Affairs". (2) Section 2006(d) of such title is amended by striking out "Administrator" in the first sentence and inserting in lieu thereof "Secretary of Veterans Affairs". (3) Section 2136(a) of such title is amended by striking out "Veterans' Administration" both places it appears and inserting in lieu thereof "Department of Veterans Affairs".
104 STAT. 1719
(4) Section 6160(c) of such title is amended by striking out "Veterans' Administration" and inserting in lieu thereof "Secretary of Veterans Affairs''. (k) MISCELLANEOUS TITLE 10 AMENDMENTS.Title 10, United States Code, is further amended as follows: (1) Section 138(aX2) is amended (A) by striking out "(A)" and all that follows through "and evaluation" and inserting in lieu thereof "(A) The term 'operational test and evaluation"; and (B) by striking out "(B)" and all that follows through "program" the first place it appears and inserting in lieu thereof "(B) The term 'major defense acquisition program". (2) Section 513 is amended by striking out "paragraph (1)" in subsections (b) and (c) and inserting in lieu thereof "subsection (a)". (3) Section 653 is amended (A) in subsection (a), by striking out "and" and inserting in lieu thereof "or"; and (B) in subsection (c) (i) by inserting a comma after "training" the first place it appears in paragraphs (1) and (2); and (ii) by inserting a comma after "naval flight officer" the first place it appears in paragraph (3). (4) Section 978(cX3) is amended by striking out "a" after "paragraph (1), or". (5) Section 1460a(a) (as added effective on October 1, 1991) is amended by striking out "section" and inserting in lieu thereof "sections". (6) Section 1594(d) is amended by striking out "in this section" and inserting in lieu thereof "In this section". (7) Section 2121(c) is amended by striking out "sections" in the third sentence and inserting in lieu thereof "section". (8) Section 2350f(d)(lXA) is amended by striking out ", or" at the end and inserting in lieu thereof a semicolon. (9) Section 2371(f) is amended by striking out "Committees o f and inserting in lieu thereof "Committees on". (10) Section 2433(c) is amended by striking out "the" each place it appears before "such service acquisition executive". (11) Section 2435(b)(1) is amended by striking out the closing parenthesis after "service acquisition executive designated by such Secretary".
(1) OTHER LAWS.
(1) Section 638(a) of Public Law 100-180 (10 U.S.C. 113 note) is amended by striking out "under 18 years of age". (2) Section 523 of Public Law 100-456 (32 U.S.C. 709 note) is amended in subsection (a) by striking out the second comma after "at the technician's option". (3) Section 503(bX3) of Public Law 101-189 (103 Stat. 1437) is 10 USC 3380 amended by inserting "section" after "appointment under", note. (4) Title XIV of Public Law 101-189 (103 Stat. 1577 et seq.) is amended as follows: (A) Section 1404(aX2) is amended by striking out "Spouse 103 Stat. 1579. Coverage for Survivor Benefit Plan Participants" in the matter to be inserted (effective on October 1, 1991) by the amendment made by that section and inserting in lieu thereof "Survivor Benefit Plan".
104 STAT. 1720 10 use 1448

"*-
PUBLIC LAW 101-510NOV. 5, 1990 (B) Section 1405(a)(2) is amended by striking out
"COVERGE" a n d i n s e r t i n g in lieu thereof "COVERAGE". (C) Effective a s of N o v e m b e r 29, 1989, section 1407(a) is
10 use 1447. 10 use 1452. 10 use 1601.
41 use 423.
31 u s e 5111 note.
amended (i) by striking out "both places" in paragraph (1)(A) and inserting in lieu thereof "each place"; and (ii) by inserting "the second place it appears" in paragraph (9)(B) before "and inserting". (5) Section 506(c)(3) of Public Law 101-194 is amended by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) by striking out the period at the end of paragraph (7) and inserting in lieu thereof'; and'; and". (6) The last subparagraph of section 27(f)(3) of the Office of Federal Procurement Policy Act is amended by striking out "(D)" and inserting in lieu thereof "(F)".
PART ICONGRESSIONAL MEDALS SEC. 1491. CONGRESSIONAL GOLD MEDAL FOR MATTHEW B. RIDGWAY
(a) FINDINGS.The Congress finds that (1) General Matthew B. Ridgway, United States Army (Retired), served his country with great honor and distinction for more than 40 years; (2) during World War II, General Ridgway commanded the 82nd Airborne Division and later the XVIII Airborne Corps, leading his soldiers in some of the most difficult fighting of the European theater to achieve Allied victories in North Africa, Sicily, Italy, the Normandy invasion, the Battle of the Bulge, the Ruhr Pocket, and the crossing of the Rhine and Elbe Rivers. (3) in Korea, during the depths of the bitter winter of 1950, General Ridgway took command of the seriously demoralized Eighth Army, motivated and inspired it to "Stand and Fight", and led it on the offensive again; (4) under his leadership, the military forces of the United Nations Command in Korea recaptured territory that had been lost earlier to overwhelming enemy forces and forced the onset of armistice negotiations; and (5) after his commands in the Korean war. General Ridgway continued his outstanding service to his country by serving in the positions of Supreme Commander of Allied Powers in Europe and Chief of Staff of the United States Army. (b) PRESENTATION AUTHORIZED.The President is authorized to present, on behalf of the Congress, to General Matthew B. Ridgway, United States Army (Retired) a gold medal of appropriate design, in recognition of his distinguished service to the Nation. (c) DESIGN AND STRIKING.For purposes of the presentation referred to in subsection (b), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (d) AUTHORIZATION OF APPROPRIATION.There is authorized to be appropriated an amount not to exceed $25,000 to carry out this section.
(e) DUPUCATE MEDALS.(1) The Secretary of the Treasury may
strike and sell duplicates in bronze of the gold medal struck pursuant to subsection (c) under such regulations as the Secretary may
104 STAT. 1721
prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (2) The appropriation used to carry out subsection (c) shall be reimbursed out of the proceeds of sales under paragraph (1).
SEC. 1492. CONGRESSIONAL MEDAL FOR VETERANS OF THE ATTACK ON PEARL HARBOR
(a) PURPOSE.It is the purpose of this section (1) to commemorate the sacrifices made and service rendered to the United States by those veterans of the Armed Forces of the United States who defended Pearl Harbor and other military installations in Hawaii against attack by the Japanese on December 7,1941; and (2) to honor those veterans on the fiftieth anniversary of that attack. (b) PRESENTATION AUTHORIZED.The Speaker of the House of Representatives and the President pro tempore of the Senate are authorized jointly to present, on behalf of the Congress, to persons certified by the Secretary of Defense pursuant to subsection (e) a bronze medal 1 2 inches in diameter commemorating the service of those persons to the United States. The presentation shall be made as close as feasible to the fiftieth anniversary of the attack on Pearl Harbor. The medal may be accepted by the next of kin of any such person who was killed in action during that attack or who has since died. (c) DESIGN AND STRIKING.The Secretary of the Treasury shall strike the medal authorized by paragraph (1) in bronze with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury.
(d) ELIGIBILITY REQUIREMENTS.(1) To be eligible to be presented
the medal referred to in subsection (b), a person must have been a member of the Armed Forces of the United States who was present in Hawaii on December 7, 1941, and who participated in combat operations that day against Japanese military forces attacking Hawaii. A person who was killed or wounded in that attack shall be deemed to have participated in the combat operations. (2) To establish the eligibility required by paragraph (1), a person must present to the Secretary of Defense an application with such supporting documentation as the person may have to support such person's eligibility or the eligibility of a next of kin. The Secretary of Defense shall determine, through the documentation provided and, if necessary, independent investigation whether the person meets the criteria prescribed in paragraph (1). (e) CERTIFICATION.The Secretary of Defense shall, within 12 months after the date of enactment of this Act, certify to the Speaker of the House of Representatives and the President pro tempore of the Senate the names of persons eligible to receive the medal. (f) NEXT OF KIN.If applications for a medal are filed by more than one next of kin of a person eligible to receive a medal under this section, the Secretary of Defense shall determine which next of kin will receive the medal. (g) AUTHORIZATION OF APPROPRIATIONS.There is authorized to be appropriated such sum as may be necessary to carry out this section.
104 STAT. 1722
SEC. 1493. YOSEMITE NATIONAL PARK CENTENNIAL MEDAL
(a) STRIKING AND DESIGN OF MEDALS.In commemoration of the centennial of Yosemite National Park in 1990, the Secretary of the Treasury (hereafter in this section referred to as the "Secretary") shall strike medals with suitable emblems, devices, and inscriptions capturing the scenic and historic significance of the park. The design of the medals shall be determined by the Secretary in consultation with the Secretary of the Interior and the Commission on Fine Arts.
(b) SALE OF MEDALS.(1) Notwithstanding any other provision of
law, the medals issued under this section shall be sold by the Secretary at a price equal to the cost of designing and issuing such medals (including labor, materials, dies, use of machinery, and overhead expenses) and the surcharge provided for in paragraph (3). (2) The Secretary shall make bulk sales at a reasonable discount. (3) The sale of each medal shall include a surcharge of $2, (c) DISTRIBUTION OF SURCHARGES.Proceeds realized from surcharges on medals sold under this section shall be promptly paid by the Secretary to a permanent endowment fund for the benefit of Yosemite National Park. Such endowment shall be administered by the National Park Foundation. The net income from the fund shall be paid to the Secretary of the Interior for funding special supplemental projects relating to (1) back country trail development and rehabilitation, and (2) the preservation of Sequoia groves within the boundaries of Yosemite National Park.
(d) SALE OF MEDALS IN NATIONAL PARK FACILITIES.The Secretary
and the Secretary of the Interior shall enter into a memorandum of agreement to permit (1) the Secretary to deliver medals to the Secretary of the Interior; and (2) the Secretary of the Interior to provide for the sale of the medals in National Park facilities. (e) METAL CONTENT AND SIZE OF MEDALS.The medals authorized to be struck and delivered under this section shall be struck in bronze and in the size determined by the Secretary in consultation with the Secretary of the Interior.
(f) EXAMINATION OF RECORDS.The Comptroller General of the
United States shall have the right to examine all books, documents, and other records of the National Park Foundation related to the medals authorized by this section.
SEC. 1494. N A T I O N A L MEDALS
The medals authorized by sections 1491, 1492, and 1493 are national medals for purposes of chapter 51 of title 31, United States Code. Armed Forces
Retirement Home Act of
TITLE XVARMED FORCES RETIREMENT HOME

g g c . 1501. SHORT TITLE
24 use 401 note

24 u s e 401.
This title may be cited as the "Armed Forces Retirement Home Act of 1991".
SEC. 1502. DEFINITIONS
For purposes of this title: (1) The term "Retirement Home" means the Armed Forces Retirement Home established under section 1511(a).
104 STAT. 1723
(2) The term "Retirement Home Board" means the Armed Forces Retirement Home Board. (3) The term "Local Board" means a Board of Trustees established for each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes. (4) The term "Director" means a Director of the Armed Forces Retirement Home appointed under section 1517(a). (5) The term "Fund" means the Armed Forces Retirement Home Trust Fund established under section 1519(a). (6) The term "Armed Forces" does not include the Coast Guard when it is not operating as a service in the Navy. (7) The term "chief personnel officers" means (A) the Deputy Chief of Staff for Personnel of the Army; (B) the Chief of Naval Personnel; (C) the Deputy Chief of Staff, Manpower and Personnel of the Air Force; and (D) the Deputy Chief of Staff for Manpower of the Marine Corps. (8) The term "senior noncommissioned officers" means the following: (A) The Sergeant Major of the Army. (B) The Master Chief Petty Officer of the Navy. (C) The Chief Master Sergeant of the Air Force. (D) The Sergeant Major of the Marine Corps.
PART AESTABLISHMENT AND OPERATION OF RETIREMENT HOME SEC. 1511. ESTABLISHMENT OF THE ARMED FORCES RETIREMENT HOME 24 USC 411.
(a) INCLUSION OF EXISTING HOMES.The United States Soldiers' and Airmen's Home and the Naval Home are hereby incorporated into an independent establishment in the Executive branch of the Federal Government to be known as the Armed Forces Retirement Home. (b) PURPOSE.The purpose of the Retirement Home is to provide, through the United States Soldiers' and Airmen's Home and the Naval Home, a residence and related services for certain retired and former members of the Armed Forces. (c) OPERATION.Each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes shall be operated by a Director under the overall supervision of the Armed Forces Retirement Home Board. (d) PROPERTY AND FACILITIES.(1) The Retirement Home shall consist of such property and facilities as may be transferred to the Retirement Home or acquired by the Retirement Home Board for inclusion in the Retirement Home. (2) On the effective date specified in section 1541(a), the property and facilities known and operated as the Naval Home and the United States Soldiers' and Airmen's Home shall be transferred to, and made a part of, the Retirement Home. (e) ACCREDITATION.The Retirement Home Board shall endeavor to secure for each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes the accreditation of that facility by a nationally recognized civilian accrediting organization, such as the Continuing Care
104 STAT. 1724
Accreditation Commission and the Joint Commission for Accreditation of Health Organizations.
24 u s e 412. SEC. 1512. RESIDENTS OF RETIREMENT HOME
(a) PERSONS EUGIBLE TO BE RESIDENTS.Except as provided in
Women.
subsection Qji), the following persons who served as members of the Armed Forces, at least one-half of whose service was not active commissioned service (other than as a warrant officer or limitedduty officer), are eligible to become residents of the Retirement Home: (1) Persons who (A) are 60 years of age or over; and (B) were discharged or released from service in the Armed Forces under honorable conditions after 20 or more years of active service. (2) Persons who are determined under rules prescribed by the Retirement Home Board to be incapable of earning a livelihood because of a service-connected disability incurred in the line of duty in the Armed Forces. (3) Persons who (A) served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 of title 37, United States Code; (B) were discharged or released from service in the Armed Forces under honorable conditions; and (C) are determined under rules prescribed by the Retirement Home Board to be incapable of earning a livelihood because of injuries, disease, or disability. (4) Persons who (A) served in a women's component of the Armed Forces before the enactment of the Women's Armed Services Integration Act of 1948; and (B) are determined under rules prescribed by the Retirement Home Board to be eligible for admission because of compelling personal circumstances. 0?) PERSONS INELIGIBLE TO B E RESIDENTS.A person described in subsection (a) who has been convicted of a felony or is not free of drug, alcohol, or psychiatric problems shall be ineligible to become a resident of the Retirement Home. (c) ACCEPTANCE.To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Director of that facility an application in such form and containing such information as the Retirement Home Board may require. (d) PRIORITIES FOR ACCEPTANCE.The Retirement Home Board shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate. (e) EFFECT OF DEPARTURE.A resident of the Retirement Home who leaves the Retirement Home for more than 45 consecutive days (other than for inpatient medical care) shall be required to reapply for acceptance as a resident.
(f) APPLICATION OF ELIGIBILITY REQUIREMENTS TO CURRENT RESIDENTS OF THE NAVAL HOME AND THE SOLDIERS' AND AIRMEN'S
HOME.Residents of the Naval Home and the United States Sol-
104 STAT. 1725
diers' and Airmen's Home as of the effective date specified in section 1541(a) (1) shall not be required to apply for acceptance as residents of the Retirement Home; and (2) shall become residents of the Retirement Home on that date.
SEC. 1513. SERVICES PROVIDED RESIDENTS 24 USC 413.
(a) SERVICES PROVIDED.Except as provided in subsection (b), a resident of the Retirement Home shall receive the services authorized by the Retirement Home Board. (b) MEDICAL AND DENTAL CARE.The Retirement Home shall provide for the overall health care needs of residents in a high quality and cost-effective manner, including on site primary care, medical care, and a continuum of long-term care services. Secondary and tertiary hospital care for residents that is not available at the Retirement Home shall be obtained through agreements with facilities administered by the Secretary of Veterans Affairs or the Secretary of Defense or at private facilities. The Retirement Home may not construct an acute care facility.
SEC. 1514. FEES PAID BY RESIDENTS 24 USC 414.
(a) MONTHLY FEES.The Directors shall collect from each resident of the Retirement Home a monthly fee. (b) DEPOSIT OF FEES.The Directors shall deposit fees collected under subsection (a) in the Armed Forces Retirement Home Trust Fund. (c) FIXING FEES.(1) The Retirement Home Board shall from time to time fix the fee required by subsection (a) on the basis of the financial needs of the Retirement Home and the ability of the residents to pay. (2) The fee shall be fixed as a percentage of Federal payments made to a resident, including monthly retired or retainer pay, monthly civil service annuity, monthly compensation or pension paid to the resident by the Secretary of Veterans Affairs, and Social Security payments. Residents who do not receive such Federal payments shall be required to pay a monthly fee that is equivalent to the average monthly fee paid by residents who receive Federal payments, subject to such adjustments in the fee as the Retirement Home Board may make. The percentage shall be the same for each establishment of the Retirement Home.
(d) APPLICATION OF FEES TO CURRENT RESIDENTS OF THE NAVAL HOME AND THE SOLDIERS' AND AIRMEN'S HOME.(1) Each resident of
the Naval Home who becomes a resident of the Retirement Home on the effective date specified in section 1541(a) shall begin paying a monthly fee that is equal to 12.5 percent of the Federal payments made to the resident. Each year thereafter, the fee for such resident under this subsection shall be increased 2.5 percent until the percentage fixed under subsection (c) has been reached. Such percentage increase may be adjusted so that the conversion to the fee fixed under subsection (c) is accomplished under this subsection within six years after such effective date. (2) A resident of the United States Soldiers' and Airmen's Home who becomes a resident of the Retirement Home on such date and who received Federal payments referred to in subsection (c) that were not considered for purposes of determining the resident's monthly fee for the United States Soldiers' and Airmen's Home
104 STAT. 1726
shall have that fee increased by an amount that is equal to 12.5 percent of the monthly equivalent of those payments for the first year and 2.5 percent of the monthly equivalent of those payments each year thereafter until the percentage fixed pursuant to subsection (c) has been reached.
(e) APPLICATION OF FEES FOR N E W RESIDENTS.A person who
becomes a resident of the Retirement Home after the effective date specified in section 1541(a) shall be required to pay a monthly fee that is equal to 25 percent of Federal payments made to the resident, subject to such adjustments in the fee as may be made under subsection (c).
24 u s e 415. SEC. 1515. COMPOSITION AND OPERATION OF RETIREMENT HOME BOARD
Reports.
(a) ESTABLISHMENT.There is hereby established the Armed Forces Retirement Home Board. The Retirement Home Board shall exercise policy oversight over the Retirement Home and oversee the activities of any local boards of trustees. Ob) MEMBERS.The Retirement Home Board shall consist of not less than 16 members who shall be appointed by the Secretary of Defense, unless otherwise indicated, as follows: (1) One representative from the office of the Assistant Secretary of Defense (Force Management and Personnel). (2) One representative from the Department of Defense Comptroller's office. (3) One representative from the office of the Assistant Secretary of Defense (Health Affairs). (4) One representative from the office of the General Counsel of the Department of Defense. (5) Two persons who are experts in the operations of retirement homes and who are not officers or employees of the United States. (6) Two persons who are gerontologists and who are not officers or employees of the United States. (7) Two persons who are personnel chiefs of the Armed Forces. (8) Two persons who are senior noncommissioned officers of the Armed Forces. (9) One representative from the Office of Management and Budget who shall be designated by the Director of the Office of Management and Budget. (10) One representative from a national noncommissioned officer association or a military retiree council who shall be a nonvoting member of the Board. (11) One representative of the Secretary of Veterans Affairs who shall be designated by that Secretary. (12) One officer or employee of the Department of Health and Human Services who shall be designated by the Secretary of Health and Human Services. (c) LocAL BoARDS.Each establishment of the Retirement Home shall have a Board of trustees which shall exercise operational oversight over the respective facility and provide reports to the Retirement Home Board at least twice annually. Each Local Board shall consist of at least 11 members appointed by the Secretaries of the military departments. The local boards shall consist of the following: (1) One person who is a civilian expert in nursing home or retirement home administration and financing from the geographical area of each facility.
104 STAT. 1727
(2) One person who is a civilian expert in gerontology from the geographical area of each facility. (3) One person who is a service expert in financial management. (4) One representative from the Department of Veterans Affairs regional office nearest in proximity to each facility who shall be designated by the Secretary of Veterans Affairs. (5) One representative from the resident advisory committee or council of the respective facility who shall be a nonvoting member. (6) One enlisted representative of the Services' Retiree Advisory Council. (7) The senior noncommissioned officer of an Armed Force. (8) One senior representative from the military hospital nearest in proximity to each facility. (9) One senior representative from the Judge Advocate General's Corps from one of the Armed Services. (10) The director of the respective facility who shall be a nonvoting member. (11) One senior representative of one of the chief personnel officers of the Armed Services. (d) CHAIRMEN.(1) The Secretary of Defense shall select one of the members of the Retirement Home Board to serve as chairman. The term of office of the chairman of the Retirement Home Board shall be five years. (2) The Secretaries of the military departments shall select the chairman for each Local Board from the members of that board. The term of office of the chairman of a Local Board shall be three years. (e) TERMS.(1) Except as provided in subsection (f), the term of office of each member of the Retirement Home Board and each Local Board shall be five years. (2) A member whose term of office has expired may continue to serve until the successor for the member is appointed or designated. (f) FIRST APPOINTMENT AND DESIGNATION.Not later than the effective date specified in section 1541(a), members of the Retirement Home Board and the members of each Local Board shall be first appointed to staggered terms. (g) VACANCIES.(1) A vacancy in the Retirement Home Board or a Local Board shall be filled in the manner in which the original appointment or designation was made. (2) A member appointed or designated to fill a vacancy occurring before the end of the term of the predecessor of the member shall be appointed or designated, as the case may be, for the remainder of the term for which the predecessor was appointed. (3) A vacancy in the Retirement Home Board or a Local Board shall not affect its authority to perform its duties. (h) COMPENSATION.(1) Except as provided in paragraph (2), members of the Retirement Home Board and members of the Local Boards shall (A) be provided a stipend consistent with the daily government consultant fee for each day in which the member is engaged in the performance of services for the Retirement Home Board or a Local Board; and (B) while away from home or regular place of business in the performance of services for the Retirement Home Board or a Local Board, be allowed travel expenses (including per diem in lieu of subsistence) in the same manner as a person employed
104 STAT. 1728
intermittently in Government under sections 5701 through 5707 of title 5, United States Code. (2) A member of the Retirement Home Board or a Local Board who is a member of the Armed Forces on active duty or a full-time officer or employee of the United States shall receive no additional pay by reason of service on the Retirement Home Board or a Local Board. (i) MEETINGS.(1) The Retirement Home Board shall meet twice a year, or at more frequent intervals, at the call of the chairman or a majority of the members. (2) The first meeting of the Retirement Home Board shall be held during the 30-day period beginning on the later of (A) the effective date specified in section 1541(a); and (B) the date on which the last of the five members required by subsection (b) to be appointed is first appointed.
24 u s e 416. SEC. 1516. DUTIES OF RETIREMENT HOME BOARD
(a) OVERALL OPERATION OF THE RETIREMENT HOME.The Retirement Home Board shall be responsible for the overall operation of the Retirement Home. As part of such responsibilities, the Retirement Home Board shall perform the following duties: (1) Issue and ensure compliance with appropriate rules for the operation of the Retirement Home. (2) Periodically visit, and inspect the operation of, the facilities of the Retirement Home. (3) Periodically examine and audit the accounts of the Retirement Home. (4) Establish such advisory bodies as the Retirement Home Board considers to be necessary. Qa) SPECIAL DUTIES OF SPECIFIC MEMBERS.The Retirement Home Board shall assign specific members of the Retirement Home Board appointed under section 151503) to oversee the operations of each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes. (c) ACQUISITION OF REAL PROPERTY.The Retirement Home Board may acquire, for the benefit of the Retirement Home, property and facilities for inclusion in the Retirement Home. (d) LIMITATION ON THE DISPOSAL OF REAL PROPERTY.(1) Real property of the Retirement Home may not be disposed of by the Retirement Home Board by sale or otherwise unless the disposal of the property is specifically authorized by law. (2) In any case in which any real property is sold by the Retirement Home Board, the Board shall deposit moneys received from the sale of the property in the Armed Forces Retirement Home Trust Fund. (e) GIFTS.(1) The Retirement Home Board may accept gifts of money, property, and facilities on behalf of the Retirement Home. (2) Monies received as gifts, or realized from the disposition of property and facilities received as gifts, shall be deposited in the Fund. if) ANNUAL REPORT.Not later than 90 days after the end of each fiscal year, the Retirement Home Board shall submit to the Secretary of Defense, for transmission to Congress, a report describing the financial and other affairs of the Retirement Home for that fiscal year.

SEC. 1517. DIRECTORS AND STAFF
104 STAT. 1729

24 USC 417.
(a) APPOINTMENT AND QUALIFICATIONS.(1) The Secretary of De-
fense shall appoint a Director for each separate establishment of the Retirement Home. (2) Each Director shall be appointed from among persons recommended by the Retirement Home Board who (A) are not officers of the Armed Forces on active duty; and (B) have appropriate leadership and management skills, an appreciation and understanding of the culture and norms associated with military service, and a significant military background. (3) Each Director shall be required to pursue a course of study to receive certification as a retirement facilities director by an appropriate civilian certifying organization if the Director is not so certified at the time of appointment.
(b) APPLICATION OF CIVIL SERVICE LAWS TO APPOINTMENT AND
FIXING PAY.The Secretary of Defense may appoint the Director referred to in subsection (a) and Deputy Directors for the Retirement Home without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) TERM OF DIRECTOR.The term of office of a Director shall be five years. A Director may be reappointed for one additional term upon the completion of the first term of office unless the Director has failed to successfully complete a course of study to receive certification as a retirement facilities director. (d) DUTIES OF DIRECTORS.(1) A Director shall be responsible for the day-to-day operation of the facility of the Retirement Home for which the Director is appointed, including the acceptance of applicants to be residents of that facility. (2) The Director shall keep accurate and complete records of the operations of that facility of the Retirement Home. (e) STAFF.(1) A Director, subject to the approval of the Retirement Home Board, may appoint and fix the pay of such principal staff as the Director considers appropriate to assist the Director in operating the facility of the Retirement Home for which the Director is appointed. (2) The staff shall include persons with experience and expertise in the operation and management of retirement homes and in the provision of long-term medical care for older persons. (3) The Director may exempt four physicians employed at the Retirement Home from the provisions of subsections (a), (b), and (c) of section 5532 of title 5, United States Code, if the Director determines that the exemption is necessary to recruit or retain wellqualified physicians for the Retirement Home. An exemption granted under this section shall apply to the retired pay of the physician payable for the first month after the month in which the exemption is granted and shall terminate upon any break in employment with the Retirement Home of three days or more. (f) INITIAL OPERATION.(1) Until the date on which the Secretary of Defense first appoints the Director for the establishment of the Retirement Home known as the Naval Home, the Governor of the Naval Home shall operate that facility consistent with this Act and other laws applicable to the Retirement Home. (2) Until the date on which the Secretary of Defense first appoints the Director for the facility of the Retirement Home known as the United States Soldiers' and Airmen's Home, the Governor of the
104 STAT. 1730
United States Soldiers' and Airmen's Home shall operate that establishment consistent with this Act and other laws applicable to the Retirement Home.
24 u s e 418. SEC. 1518. INSPECTION BY INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE
The Inspector General of the Department of Defense shall (1) conduct, not later than three years after the effective date specified in section 1541(a) (and at six-year intervals thereafter), an inspection of the Retirement Home and the records of the Retirement Home; (2) cause the Inspector Generals of the military departments to conduct an inspection of the Retirement Home and its records at six-year intervals alternating with the inspections by the Inspector General of the Department of Defense so that each home is inspected every three years; and (3) submit to the Retirement Home Board, the Secretary of Defense, and Congress a report describing the results of the inspection and containing such recommendations as the Inspector General considers appropriate. 24 use 419. SEC. 1519. RETIREMENT HOME TRUST FUND (a) EsTABUSHMENT.There is hereby established in the Treasury of the United States a trust fund to be known as the Armed Forces Retirement Home Trust Fund. The Fund shall consist of the following: (1) Such amounts as may be transferred to the Fund. (2) Moneys deposited in the Fund by the Retirement Home Board realized from gifts or from the disposition of property and facilities. (3) Amounts deposited in the Fund as monthly fees paid by residents of the Retirement Home under section 1514. (4) Amounts of fines and forfeitures deposited in the Fund under section 2772 of title 10, United States Code. (5) Amounts deposited in the Fund as deductions from the pay of enlisted members, warrant officers, and limited duty officers under section 1007(i) of title 37, United States Code. (6) Interest from investments made under subsection (c). (b) AVAILABILITY AND USE OF FUND.Amounts in the Fund shall be available solely for the operation of the Retirement Home. (c) INVESTMENTS.The Secretary of the Treasury may invest in obligations issued or guaranteed by the United States any monies in the Fund that the Director determines are not currently needed to pay for the operation of the Retirement Home.
(d) TRANSITIONAL ACCOUNTS.(1) During the period beginning on
the date of the enactment of this Act and ending on September 30, 1994, the Fund shall contain a separate account for each establishment of the Retirement Home. During that period, contributions shall be collected under subsection (a) for the account of the Naval Home for the purpose of achieving a trust fund five times the estimated annual operating budget of the Naval Home. (2) Beginning on the date of the enactment of this Act, funds required for the operation of the United States Soldiers' and Airmen's Home shall be drawn from the appropriate account. Beginning on October 1, 1991, funds required for the operation of the Naval Home shall be drawn from the account of the Naval Home. (3) During the period beginning on the date of the enactment of this Act and ending on September 30, 1994
104 STAT. 1731
(A) amounts collected as monthly fees paid by residents of the Naval Home and amounts referred to in subsections (a)(4) and (a)(5) derived from enlisted members, warrant officers, and limited duty officers of the Navy, Marine Corps, and Coast Guard shall be credited to the account relating to that establishment; and (B) amounts collected as monthly fees paid by residents of the United States Soldiers' and Airmen's Home and amounts referred to in subsections (a)(4) and (a)(5) derived from members and warrant officers of the Army and Air Force shall be credited to the account relating to that establishment.
SEC. 1520. DISPOSITION OF EFFECTS OF DECEASED PERSONS; UN- 24 USC 420. CLAIMED PROPERTY
(a) EFFECTS OF DECEASED PERSONS.The Directors of the establishments of the Retirement Home shall safeguard and dispose of the effects of a deceased person delivered to the Retirement Home under section 4712(f) or 9712(f) of title 10, United States Code, and the estate and effects of a deceased resident of the Armed Forces Retirement Home as follows: (1) A will or other paper involving property rights shall be promptly delivered to the proper court of record. (2) If the heirs or legal representative of the deceased cannot sooner be ascertained, the Directors shall retain the remaining effects until three years after the death of the deceased, and then, if a right to the effects is established to the satisfaction of the Directors, shall deliver the effects to the living person highest on the following list who can be found: (A) The surviving spouse or legal representative. (B) A child of the deceased. (C) A parent of the deceased. (D) A brother or sister of the deceased. (E) The next-of-kin of the deceased. (F) A beneficiary named in the will of the deceased. (b) SALE OF EFFECTS.(1) After three years from the date of death of the deceased, the Directors may sell the effects to which a right has not been established under subsection (a) (except decorations, medals, and citations) by public or private sale, as the Directors consider most advantageous. (2) After five years from the date of death of the deceased, the Directors shall dispose of effects that were not sold under paragraph (1) (including decorations, medals, and citations) and to which a right has not been established under subsection (a). The sale shall be made in the manner that the Directors consider most appropriate in the public interest. Disposal may include (A) retaining the effects for the use of the Retirement Home; (B) delivering the effects to the Secretary of Veterans Affairs, to a State or other military home, to a museum, or to any other appropriate institution; or (C) destroying the effects if the Retirement Home Board determines that they are valueless.
(c) TRANSFER OF PROCEEDS TO THE FUND.The net proceeds
received by the Directors from the sale of effects under subsection (b) shall be deposited in the Fund. (d) SUBSEQUENT CLAIM.(1) A claim for the net proceeds of the sale under subsection (b) of the effects of a deceased may be filed with the Comptroller General of the United States at any time
104 STAT. 1732
within six years after the death of the deceased, for action under section 2771 of title 10, United States Code. (2) A claim referred to in paragraph (1) may not be considered by a court or the Comptroller General unless the claim is filed within the time period prescribed in such paragraph. (3) A claim allowed by the Comptroller General under paragraph (1) shall be certified to the Secretary of the Treasury for payment from the Fund in the amount found due, including any interest relating to the amount. No claim may be allowed or paid in excess of the net proceeds of the estate deposited in the Fund under subsection (c) plus interest. (e) UNCLAIMED PROPERTY.In the case of property delivered to the Retirement Home under section 2575 of title 10, United States Code, the Directors shall deliver the property to the owner, the heirs or next of kin of the owner, or the legal representative of the owner, if a right to the property is established to the satisfaction of the Directors within two years after the delivery.
PART BTRANSITIONAL PROVISIONS 24 u s e 431. SEC. 1531. TRANSFER OF TRUST FUNDS RELATING TO THE NAVAL HOME AND THE SOLDIERS' AND AIRMEN'S HOME
(a) INITIAL TRANSFER.(1) On the date of the enactment of this Act, all monies in the funds named in paragraph (2) shall be transferred to the appropriate account in the Armed Forces Retirement Home Trust Fund, and those funds shall terminate. (2) The funds referred to in paragraph (1) are the following: (A) Soldiers' Home, permanent fund, referred to in paragraph (59) of section 1321(a) of title 31, United States Code. (B) Soldiers' Home, interest fund, referred to in paragraph (81) of such section. (C) Personal funds of deceased inmates. Naval Home, referred to in paragraph (5) of such section. (D) Any new category of funds created for the Naval Home or the United States Soldiers' and Airmen's Home before that date. (b) SUBSEQUENT TRANSFERS.After the termination of the funds referred to in subsection (a), any monies that would be deposited into one of those funds but for the termination of that fund under subsection (a) shall be deposited into the Armed Forces Retirement Home Trust Fund.
SEC. 1532. REPEAL OF PROVISIONS RELATING TO THE NAVAL HOME AND THE UNITED STATES SOLDIERS'AND AIRMEN'S HOME
(a) LAWS RELATING TO THE NAVAL HOME.The following provisions of law are repealed: (1) Section 11 of the Act of August 2, 1946 (60 Stat. 854; 24 U.S.C. 21a). (2) Section 9 of the Act of June 26, 1934 (48 Stat. 1229; 24 U.S.C. 21b). (3) The second, third, fourth, and fifth provisos relating to the maintenance of the Naval Home under the heading "BUREAU OF NAVIGATION" in the Act of June 30, 1914 (38 Stat. 398; 24 U.S.C. 22, 23). (4) The proviso relating to the maintenance of the Naval Home under the heading "BUREAU OF NAVIGATION" in the Act of March 4,1917 (39 Stat. 1175; 24 U.S.C. 24).
104 STAT. 1733
(5) The first proviso relating to miscellaneous expenses of the Naval Home under the heading "BUREAU OF NAVIGATION" of the Act of August 22,1912 (37 Stat. 334; 24 U.S.C. 25).
Qo) LAWS RELATING TO THE SOLDIERS' AND AIRMEN'S HOME.The
following provisions of law are repealed: (1) Chapter 2 of title LIX of the Revised Statutes of the United States (24 U.S.C. 41, 43, 45, 49, 50). 24 USC 54. (2) The Act entitled "An Act prescribing regulations for the Soldiers' Home located at Washington in the District of Columbia, and for other purposes", approved March 3, 1883 (22 Stat. 564; 24 U.S.C. 41, 43, 46, 48, 59). (3) The proviso relating to the military prison at Fort Leavenworth, Kansas, under the heading "MISCELLANEOUS OBJECTS, WAR DEPARTMENT" in the Act of March 4, 1909 (35 Stat. 1004; 24 U.S.C. 42). (4) Section 1 of Public Law 94-454 (90 Stat. 1518; 24 U.S.C. 44b). (5) The proviso under the heading "UNITED STATES SOLDIERS' HOME" in title II of the Act of April 9, 1935 (49 Stat. 147; 24 U.S.C. 46a). (6) The proviso under the heading "UNITED STATES SOLDIERS' HOME" in the Act of July 19, 1937 (50 Stat. 519; 24 U.S.C. 46b).
SEC. 1533. CONFORMING AMENDMENTS
(a) TITLE 10.Title 10, United States Code, is amended as follows: (1) Section 1089 is amended (A) in subsection (a) by striking out "United States Soldiers' and Airmen's Home" and inserting in lieu thereof "Armed Forces Retirement Home"; and (B) in subsection (g), by striking out paragraph (3) and inserting in lieu thereof the following: "(3) the Armed Forces Retirement Home Board, in the case of an employee of the Armed Forces Retirement Home; and". (2) Section 2575 is amended (A) in subsection (a), by striking out "section 4712, 4713, 6522, 9712, or 9713" and inserting in lieu thereof "section 4712, 6522, or 9712"; and (B) in subsection (c) (i) by striking out "United States Soldiers' and Airmen's Home" and inserting in lieu thereof "Armed Forces Retirement Home"; (ii) by striking out "the Secretary of the Army or the Secretary of the Air Force," and inserting in lieu thereof "the Secretary of a military department,"; and (iii) by striking out the last sentence of such subsection. (3) Effective on the date of the enactment of this Act, section 2772 is amended (A) by inserting "and forfeitures" after "fines" both places it appears; and (B) by striking out "or warrant officer" each place it appears and inserting in lieu thereof ", warrant officer, or limited duty officer". (4)(A) Section 2772 is amended to read as follows:
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" 2772. Share of Hnes and forfeitures to beneflt Armed Forces Retirement Home "(a) DEPOSIT REQUIRED.The Secretary of the military department concerned shall deposit in the Armed Forces Retirement Home Trust Fund a percentage (determined under subsection (b)) of the following amounts: "(1) The amount of forfeitures and fines adjudged against an enlisted member, warrant officer, or limited duty officer of the armed forces by sentence of a court martial or under authority of section 815 of this title (article 15) over and above any amount that may be due from the member, warrant officer, or limited duty officer for the reimbursement of the United States or any individual. "(2) The amount of forfeitures on account of the desertion of an enlisted member, warrant officer, or limited duty officer of the armed forces. "(b) DETERMINATION OF PERCENTAGE.The Armed Forces Retirement Home Board shall determine, on the basis of the financial needs of the Armed Forces Retirement Home, the percentage of the amounts referred to in subsection (a) to be deposited in the trust fund referred to in such subsection. "(c) APPLICATION TO COAST GUARD.In this section, the term 'armed forces' does not include the Coast Guard when it is not operating as a service in the Navy.". (B) The item relating to such section in the table of sections at the beginning of chapter 165 is amended by striking out "retirement homes and inserting in lieu thereof "Retirement Home". (5)(A) Section 4624(c) is amended by striking out "United States Soldiers' and Airmen's Home' and inserting in lieu thereof "Armed Forces Retirement Home". (B) The heading of such section is amended to read as follows: " 4624. Medical supplies: civilian employees of the Army; American National Red Cross; Armed Forces Retirement Home". (C) The item relating to such section in the table of sections at the beginning of chapter 439 is amended to read as follows:
"4624. Medical supplies: civilian employees of the Army; American National Red Cross; Armed Forces Retirement Home.".
Repeal.
(6) Section 4712 is amended (A) in subsection (aX2), by striking out "an inmate of the United States Soldiers' and Airmen s Home" and inserting in lieu thereof "a resident of the Armed Forces Retirement Home"; and (B) in subsection (f) (i) by striking out "for transmission to the United States Soldiers' and Airmen's Home"; and (ii) by adding at the end the following: "The Secretary of the Army shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Army under this subsection.". (7)(A) Section 4713 is repealed. (B) The table of sections at the beginning of chapter 445 is amended by striking out the item relating to such section.
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(8)(A) Section 9624(c) is amended by striking out "United States Soldiers' and Airmen's Home" and inserting in lieu thereof "Armed Forces Retirement Home". (B) The heading of such section is amended to read as follows: " 9624. Medical supplies: civilian employees of the Air Force; American National Red Cross; Armed Forces Retirement Home". (C) The item relating to such section in the table of sections at the beginning of chapter 939 is amended to read as follows:
"9624. Medical supplies: civilian employees of the Air Force; American National Red Cross; Armed Forces Retirement Home.".
(9) Section 9712 is amended (A) in subsection (a)(2), by striking out "an inmate of the United States Soldiers' and Airmen's Home" and inserting in lieu thereof "a resident of the Armed Forces Retirement Home"; and (B) in subsection (f) (i) by striking out "for transmission to the United States Soldiers' and Airmen's Home"; and (ii) by adding at the end the following: "The Secretary of the Air Force shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Air Force under this subsection." (10)(A) Section 9713 is repealed. Repeal. (B) The table of sections at the beginning of chapter 945 is amended by striking out the item relating to section 9713. (b) TITLE 37.Section 1007(i) of title 37, United States Code, is amended (1) in paragraphs (1), (2)(B), and (3), by striking out "and warrant officer" and inserting in lieu thereof ", warrant officer, and limited duty officer"; (2) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) Amounts deducted under paragraph (1) shall be deposited in the Armed Forces Retirement Home Trust Fund."; (3) in paragraph (3) (A) by striking out "the Governor" and all that follows through "Airmen's Home," and inserting in lieu thereof "the Armed Forces Retirement Home Board,"; and (B) by striking out "the homes" and inserting in lieu thereof "the Armed Forces Retirement Home"; and (4) in paragraph (5), by striking out "or warrant officer" and inserting in lieu thereof ", warrant officer, or limited duty officer". (c) OTHER LAWS.(1) Section 1321 of title 31, United States Code, is amended (A) in subsection (a) (i) by striking out paragraph (5) and inserting in lieu thereof the following: "(5) Armed Forces Retirement Home Trust Fund."; and (ii) by striking out paragraphs (59) and (81); and
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(B) in subsection (b), by striking out "Soldiers' Home, Permanent Fund" both places it appears and inserting in lieu thereof "Armed Forces Retirement Home Trust Fund". (2) Section 3 of the Act of June 15, 1943 (chapter 125; 57 Stat. 153; 24 U.S.C. 6a) is amended by striking out "naval home or". (3) Section 906 of title 44, United States Code, is amended in the undesignated subparagraph relating to the provision of the Congressional Record to the United States Soldiers' Home by striking out "the United States Soldiers' Home and" and inserting in lieu thereof "each separate establishment of the Armed Forces Retirement Home,".
PART CEFFECTIVE DATE AND AUTHORIZATION OF APPROPRIATIONS 24 u s e 401 note. SEC. 1541. EFFECTIVE DATE
(a) I N GENERAL.Except where otherwise specified, this title and the amendments made by this title shall take effect one year after the date of the enactment of this Act. Qo) ESTABLISHMENT OF FUND.Sections 1519, 1531, and 1533(c)(1) shall take effect on the date of the enactment of this Act. (c) APPOINTMENT OF BOARD.The provisions of section 1515 relating to the appointment and designation of members of the Retirement Home Board and Local Boards shall take effect on October 1, 1991.
24 u s e 441. SEC. 1542. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES SOLDIERS' AND AIRMEN'S HOME
There is authorized to be appropriated for fiscal year 1991 from the Soldiers' Home, Permanent Fund, the sum of $53,999,000 for the operation of the United States Soldiers' and Airmen's Home. This section shall take effect on the date of the enactment of this Act. TITLE XVICHARTER FOR 82ND AIRBORNE DIVISION ASSOCIATION, INCORPORATED
36 u s e 4801. SEC. 1601. CHARTER
The 82nd Airborne Division Association, Incorporated, a nonprofit corporation organized under the laws of the State of Illinois, is recognized as such and is granted a Federal charter.
36 u s e 4802. SEC. 1602. POWERS
The 82nd Airborne Division Association, Incorporated (hereinafter in this title referred to as the "corporation"), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.
36 u s e 4803. SEC. 1603. OBJECTS AND PURPOSES OF CORPORATION
The objects and purposes of the corporation are those provided in its articles of incorporation and shall include (1) perpetuating the memory of members of the 82nd Airborne Division who fought and died for this Nation; (2) furthering the common bond between retired and active members of the 82nd Airborne Division; (3) providing educational assistance in the form of college scholarships and grants to the qualified children of current and former members of the 82nd Airborne Division;
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(4) promoting civic and patriotic activities; and (5) promoting the indispensable role of airborne defense to the national security of the United States.
SEC. 1604. SERVICE OF PROCESS 36 USC 4804.
With respect to service of process, the corporation shall comply with the laws of the State or States in which it is incorporated and the State or States in which it carries on its activities in furtherance of its corporate purposes.
SEC. 1605. MEMBERSHIP 36 USC 4805.
(a) Subject to subsection (b), eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the constitution and bylaws of the corporation. (b) Terms of membership and requirements for holding office within the corporation shall not discriminate on the basis of race, color, national origin, sex, religion, or handicapped status.
SEC. 1606. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES 36 USC 4806.
The composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the State or States in which it is incorporated.
SEC. 1607. OFFICERS OF CORPORATION 36 USC 4807.
The positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the State or States in which it is incorporated.
SEC. 1608. RESTRICTIONS 36 USC 4808.
(a) No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) The corporation may not make any loan to any officer, director, or employee of the corporation. (c) The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities.
SEC. 1609. LIABILITY 36 USC 4809.
The corporation shall be liable for the acts of its officers and agents whenever such officer and agents have acted within the scope of their authority.
SEC. 1610. BOOKS AND RECORDS; INSPECTION 36 USC 4810.
The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation
39-194 O - 91 - 13 : QL 3 Part 3
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involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.
SEC. 1611. AUDIT OF FINANCIAL TRANSACTIONS
The first session of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: "(74) 82nd Airborne Division Association, Incorporated.".
36 u s e 4811. SEC. 1612. ANNUAL REPORT
The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the time as the report of the audit of the corporation required by section 2 of the Act entitled "An Act to provide for audit of accounte of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101). The report shall not be printed as a public document.
36 u s e 4812. SEC. 1613. RESERVATION OF RIGHT TO AMEND, ALTER, OR REPEAL CHARTER
The right to amend, alter, or repeal this title is expressly reserved to the Congress.
36 u s e 4813. SEC. 1614. DEFINITION OF STATE
For purposes of this title, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
36 u s e 4814. SEC. 1615. TAX-EXEMPT STATUS
The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986.
36 u s e 4815. SEC. 1616. TERMINATION
If the corporation fails to comply with any of the restrictions or provisions of this title, the charter granted by this title shall expire. TITLE XVIIMISSILE TECHNOLOGY CONTROLS
Sec. 1701. Policy. Sec. 1702. Amendment to the Export Administration Act of 1979. Sec. 1703. Amendment to the Arms Export Control Act of 1979. Sec. 1704. Report on missile proliferation. SEC. 1701. POLICY
50 u s e app.
It should be the policy of the United States to take all appropriate measures (1) to discourage the proliferation, development, and production of the weapons, material, and technology necessary to
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produce or acquire missiles that can deliver weapons of mass destruction; (2) to discourage countries and private persons in other countries from aiding and abetting any states from acquiring such weapons, material, and technology; (3) to strengthen United States and existing multilateral export controls to prohibit the flow of materials, equipment, and technology that would assist countries in acquiring the ability to produce or acquire missiles that can deliver weapons of mass destruction, including missiles, warheads and weaponization technology, targeting technology, test and evaluation technology, and range and weapons effect measurement technology; and (4) with respect to the Missile Technology Control Regime ("MTCR") and its participating governments (A) to improve enforcement and seek a common and stricter interpretation among MTCR members of MTCR principles; (B) to increase the number of countries that adhere to the MTCR; and (C) to increase information sharing among United States agencies and among governments on missile technology transfer, including export licensing, and enforcement activities.
SEC. 1702. AMENDMENT TO THE EXPORT ADMINISTRATION ACT OF 1979
(a) MISSILE TECHNOLOGY CONTROLS.Section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) is amended (1) by redesignating subsections (k) through (p) as subsections (m) through (r), respectively; and (2) by inserting after subsection (j) the following:
"(k) NEGOTIATIONS WITH OTHER COUNTRIES. "(1) COUNTRIES PARTICIPATING IN CERTAIN AGREEMENTS.The
Secretary of State, in consultation with the Secretary, the Secretary of Defense, and the heads of other appropriate departments and agencies, shall be responsible for conducting negotiations with those countries participating in the groups known as the Coordinating Committee, the Missile Technology Control Regime, the Australia Group, and the Nuclear Suppliers' Group, regarding their cooperation in restricting the export of goods and technology in order to carry out "(A) the policy set forth in section 3(2)(B) of this Act, and "(B) United States policy opposing the proliferation of chemical, biological, nuclear, and other weapons and their delivery systems, and effectively restricting the export of dual use components of such weapons and their delivery systems, in accordance with this subsection and subsections (a) and (1). Such negotiations shall cover, among other issues, which goods and technology should be subject to multilaterally agreed export restrictions, and the implementation of the restrictions consistent with the principles identified in section 5(b)(2)(C) of this Act. "(2) OTHER COUNTRIES.The Secretary of State, in consultation with the Secretary, the Secretary of Defense, and the heads of other appropriate departments and agencies, shall be responsible for conducting negotiations with countries and groups of
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PUBLIC LAW 101-510NOV. 5, 1990 countries not referred to in paragraph (1) regarding their cooperation in restricting the export of goods and technology consistent with purposes set forth in paragraph (1). In cases where such negotiations produce agreements on export restrictions that the Secretary, in consultation with the Secretasy of State and the Secretary of Defense, determines to be consistent with the principles identified in section 5(bX2XC) of this Act, the Secretary may treat exports, whether by individual or multiple licenses, to countries party to such agreements in the same manner as exports are treated to countries that are MTCR adherents. "(3) REVIEW OF DETERMINATIONS.The Secretary shall annually review any determination under paragraph (2) with respect to a country. For each such country which the Secretary determines is not meeting the requirements of in effective export control system in accordance with section 5(bX2XC), the Secretary shall restrict oi- eliminate any preferential licensing treatment for exports to that country provided under this subsection.
"(1) MISSILE TECHNOLOGY. "(1) DETERMINATION OF CONTROLLED ITEMS.The
Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the heads of other appropriate departments and agencies (A) shall establish and maintain, as part of the control list established under this section, a list of all dual use goods and technology on the MTCR Annex; and (B) may include, as part of the control list established under this section, goods and technology that would provide a direct and immediate impact on the development of missile delivery systems and are not included in the MTCR Annex but which the United States is proposing to the other MTCR adherents to have included in the MTCR Annex.
"(2) REQUIREMENT OF INDIVIDUAL VALIDATED UCENSES.The
Secretary shall require an individual validated license for "(A) any export of goods or technology on the list established under paragraph (1) to any country; and "(B) any export of goods or technology that the exporter knows is destined for a project or facility for the design, development, or manufacture of a missile in a country that is not an MTCR adherent. "(3) POLICY OF DENIAL OF LICENSES.(A) Licenses under paragraph (2) should in general be denied if the ultimate consignee of the goods or technology is a facility in a country that is not an adherent to the Missile Technology Control Regime and the facility is designed to develop or build missiles. "(B) Licenses under paragraph (2) shall be denied if the ultimate consignee of the goods or technology is a facility in a country the government of which has been determined under subsection (j) to have repeatedly provided support for acts of international terrorism.
"(4) CONSULTATION WITH OTHER DEPARTMENTS.(A) A deter-
mination of the Secretary to approve an export license under paragraph (2) for the export of goods or technology to a country of concern regarding missile proliferation may be made only after consultation with the Secretary of Defense and the Sec-
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retary of State for a period of 20 days. The countries of concern referred to in the preceding sentence shall be maintained on a classified list by the Secretary of State, in consultation with the Secretary and the Secretary of Defense. "(B) Should the Secretary of Defense disagree with the determination of the Secretary to approve an export license to which subparagraph (A) applies, the Secretary of Defense shall so notify the Secretary within the 20 days provided for consultation on the determination. The Secretary of Defense shall at the same time submit the matter to the President for resolution of the dispute. The Secretary shall also submit the Secretary's recommendation to the President on the license application. "(C) The President shall approve or disapprove the export President, license application within 20 days after receiving the submission of the Secretary of Defense under subparagraph (B). "(D) Should the Secretary of Defense fail to notify the Secretary within the time period prescribed in subparagraph (B), the Secretary may approve the license application without awaiting the notification by the Secretary of Defense. Should the President fail to notify the Secretary of his decision on the export license application within the time period prescribed in subparagraph (C), the Secretary may approve the license application without awaiting the President's decision on the license application. "(E) Within 10 days after an export license is issued under this subsection, the Secretary shall provide to the Secretary of Defense and the Secretary of State the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents. "(5) INFORMATION SHARING.The Secretary shall establish a procedure for information sharing with appropriate officials of the intelligence community, as determined by the Director of Central Intelligence, and other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology.".
(b) SANCTIONS FOR MISSILE TECHNOLOGY PROLIFERATION.The
Export Administration Act of 1979 is amended by inserting after section l l A (50 U.S.C. App. 2410a) the following:
MISSILE PROLIFERATION CONTROL VIOLATIONS "SEC. IIB. (a) VIOLATIONS BY UNITED STATES PERSONS. President. 50 u s e app.
"(1) SANCTIONS.(A) If the President determines that a 2410b. United States person knowingly "(i) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export Control Act, section 5 or 6 of this Act, or any regulations or orders issued under any such provisions, "(ii) conspires to or attempts to engage in such export, transfer, or trade, or "(iii) facilitates such export, transfer, or trade by any other person, then the President shall impose the applicable sanctions described in subparagraph (B).
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PUBLIC LAW 101-510NOV. 5, 1990 "(B) The sanctions which apply to a United States person under subparagraph (A) are the following: "(i) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person, for a period of 2 years, licenses for the transfer of missile equipment or technology controlled under this Act. "(ii) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR Annex, then the President shall deny to such United States person, for a period of not less than 2 years, all licenses for items the export of which is controlled under this Act. "(2) DISCRETIONARY SANCTIONS.In the case of any determination referred to in paragraph (1), the Secretary may pursue any other appropriate penalties under section 11 of this Act. "(3) WAIVER.The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that "(A) the product or service is essential to the national security of the United States; and "(B) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.
"(b) TRANSFERS OF MISSILE EQUIPMENT OR TECHNOLOGY BY FOREIGN PERSONS.
"(1) SANCTIONS.(A) Subject to paragraphs (3) through (7), if the President determines that a foreign person, after the date of the enactment of this section, knowingly "(i) exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this Act, "(ii) conspires to or attempts to engage in such export, transfer, or trade, or "(iii) facilitates such export, transfer, or trade by any other person, or if the President has made a determination with respect to a foreign person under section 73(a) of the Arms Export Control Act, then the President shall impose on that foreign person the applicable sanctions under subparagraph (B). "(B) The sanctions which apply to a foreign person under subparagraph (A) are the following: "(i) If the item involved in the export, transfer, or trade is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years, licenses for the transfer to such foreign person of missile equipment or technology the export of which is controlled under this Act. "(ii) If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years, licenses for
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the transfer to such foreign person of items the export of which is controlled under this Act. "(iii) If, in addition to actions taken under clauses (i) and (ii), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person.
"(2) INAPPLICABILITY WITH RESPECT TO MTCR ADHERENTS.
Paragraph (1) does not apply with respect to "(A) any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or "(B) any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent.
"(3) EFFECT OF ENFORCEMENT ACTIONS BY MTCR ADHERENTS.
Sanctions set forth in paragraph (1) may not be imposed under this subsection on a person with respect to acts described in such paragraph or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts. "(4) ADVISORY OPINIONS.The Secretary, in consultation with the Secretary of State and the Secretary of Defense, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this subsection. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity. "(5) WAIVER AND REPORT TO CONGRESS.(A) In any case other than one in which an advisory opinion has been issued under paragraph (4) stating that a proposed activity would not subject a person to sanctions under this subsection, the President may waive the application of paragraph (1) to a foreign person if the President determines that such waiver is essential to the national security of the United States. "(B) In the event that the President decides to apply the waiver described in subparagraph (A), the President shall so notify the Congress not less than 20 working days before issuing the waiver. Such notification shall include a report fully articu- Reports, lating the rationale and circumstances which led the President to apply the waiver. "(6) ADDITIONAL WAIVER.The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that "(A) the product or service is essential to the national security of the United States; and "(B) such person is a sole source supplier of the product or service, the product or service is not available from any
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alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments. "(7) EXCEPTIONS.The President shall not apply the sanction under this subsection prohibiting the importation of the products of a foreign person "(A) in the case of procurement of defense articles or defense services "(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; "(ii) if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles and services, that the defense articles or services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or "(iii) if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation; "(B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or "(C) to "(i) spare parts, "(ii) component parts, but not finished products, essential to United States products or production, "(iii) routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available, or "(iv) information and technology essential to United States products or production. "(c) DEFINITIONS.For purposes of this section and subsections (k) and (1) of section 6 "(1) the term 'missile' means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems; "(2) the term 'Missile Technology Control Regime' or 'MTCR' means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto; "(3) the term 'MTCR adherent' means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR; "(4) the term 'MTCR Annex' means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto; "(5) the terms 'missile equipment or technology' and 'MTCR equipment or technology' mean those items listed in category I or category II of the MTCR Annex;
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"(6) the term 'foreign person' means any person other than a United States person; "(7)(A) the term 'person' means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and "(B) in the case of countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), the term 'person' means "(i) all activities of that government relating to the development or production of any missile equipment or technology; and "(ii) all activities of that government affecting the development or production of aircraft, electronics, and space systems or equipment; and "(8) the term 'otherwise engaged in the trade of means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.".
SEC. 1703. AMENDMENT TO THE ARMS EXPORT CONTROL ACT
The Arms Export Control Act is amended by inserting after chapter 6 (22 U.S.C. 2795b. et seq.) the following new chapter: "CHAPTER 7CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY "SEC. 71. LICENSING 22 USC 2797. "(a) EsTABiJSHMENT OF LiST OF CONTROLLED ITEMS.The Secretary of State, in consultation with the Secretary of Defense and the heads of other appropriate departments and agencies, shall establish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not controlled under section 6(1) of the Export Administration Act of 1979. "(b) REFERRAL OF LICENSE APPLICATIONS.(1) A determination of the Secretary of State to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is referred to the Secretary of Defense. "(2) Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary of State shall provide to the Secretary of Defense and the Secretary of Commerce the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents. "(c) INFORMATION SHARING.The Secretary of State shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of Central Intelligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology.
"SEC. 72. DENIAL OF THE TRANSFER OF MISSILE EQUIPMENT OR TECHNOLOGY BY UNITED STATES PERSONS President. 22 USC 2797a.
"(a) SANCTIONS.(1) If the President determines that a United States person knowingly
104 STAT. 1746
Government contracts,
"(A) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 38 of this Act, section 5 or 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2404, 2405), or any regulations or orders issued under any such provisions, "(B) conspires to or attempts to engage in such export, transfer, or trade, or "(C) facilitates such export, transfer, or trade by any other person, then the President shall impose the applicable sanctions described in paragraph (2). "(2) "nie sanctions which apply to a United States person under paragraph (1) are the following: "(A) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person for a period of 2 years "(j) United States Government contracts relating to misg-jg equipment or technology; and "(ii) licenses for the transfer of missile equipment or technology controlled under this Act. "(B) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR, then the President shall deny to such United States person for a period of not less than 2 years "(i) all United States Government contracts, and "(ii) all export licenses and agreements for items on the United States Munitions List. "(b) DISCRETIONARY SANCTIONS.In the case of any determination made pursuant to subsection (a), the President may pursue any penalty provided in section 38(c) of this Act. "(c) WAIVER.The President may waive the imposition of sanctions under subsection (a) with respect to a product or service if the President certifies to the Congress that "(1) the product or service is essential to the national security of the United States; and "(2) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.
"SEC. 73. TRANSFERS OF MISSILE EQUIPMENT OR TECHNOLOGY BY FOREIGN PERSONS
President. 22 u s e 2797b.
"(a) SANCTIONS.(1) Subject to subsections (c) through (g), if the President determines that a foreign person, after the date of the enactment of this chapter, knowingly "(A) exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United Statesorigin equipment or technology, subject to the jurisdiction of the United States under this Act, "(B) conspires to or attempts to engage in such export, transfer, or trade, or "(C) facilitates such export, transfer, or trade by any other person,
104 STAT. 1747
or if the President has made a determination with respect to a foreign person under section llBObXl) of the Export Administration Act of 1979, then the President shall impose on that foreign person the applicable sanctions under paragraph (2). "(2) The sanctions which apply to a foreign person under paragraph (1) are the following: "(A) If the item involved in the export, transfer, or trade is Government within category II of the MTCR Annex, then the President shall contracts, deny, for a period of 2 years "(i) United States Government contracts relating to missile equipment or technology; and "(ii) licenses for the transfer to such foreign person of missile equipment or technology controlled under this Act. "(B) If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years "(i) all United States Government contracts with such foreign person; and "(ii) licenses for the transfer to such foreign person of all items on the United States Munitions List. "(C) If, in addition to actions taken under subparagraphs (A) and (B), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person. "(b) INAPPUCABILITY WITH RESPECT TO MTCR ADHERENTS. Subsection (a) does not apply with respect to "(1) any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or "(2) any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent. "(c) EFFECT OF ENFORCEMENT ACTIONS BY MTCR ADHERENTS. Sanctions set forth in subsection (a) may not be imposed under this section on a person with respect to acts described in such subsection or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts. (d) ADVISORY OPINIONS.The Secretary of State, in consultation with the Secretary of Defense and the Secretary of Commerce, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity. "(e) WAIVER AND REPORT TO CONGRESS.(1) In any case other than one in which an advisory opinion has been issued under subsection (d) stating that a proposed activity would not subject a person to sanctions under this section, the President may waive the application of subsection (a) to a foreign person if the President determines
104 STAT. 1748
that such wEiiver is essential to the national security of the United States. "(2) In the event that the President decides to apply the waiver described in paragraph (1), the President shall so notify the Congress not less than 20 working days before issuing the waiver. Such notification shall include a report fully articulating the rationale and circumstances which led the President to apply the waiver. "(f) ADDITIONAL WAIVER.The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that "(1) the product or service is essential to the national security of the United States; and "(2) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments. "(g) EXCEPTIONS.The President shall not apply the sanction under this section prohibiting the importation of the products of a foreign person "(1) in the case of procurement of defense articles or defense services "(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; "(B) if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles and services, that the defense articles or services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or "(C) if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation; "(2) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or "(3) to "(A) spare parts, "(B) component parts, but not finished products, essential to United States products or production, "(C) routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available, or (D) information and technology essential to United States products or production.
22 u s e 2797c. "SEC. 74. DEFINITIONS
For purposes of this chapter "(1) the term 'missile' means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems; "(2) the term 'Missile Technology Control Regime' or 'MTCR' means the policy statement, between the United States, the
104 STAT. 1749
United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto; "(3) the term 'MTCR adherent' means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR; "(4) the term 'MTCR Annex' means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto; "(5) the terms 'missile equipment or technology' and 'MTCR equipment or technology' mean those items listed in category I or category II of the MTCR Annex; "(6) the term 'United States person' has the meaning given that term in section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(2)); "(7) the term 'foreign person' means any person other than a United States person; "(8)(A) the term 'person' means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and "(B) in the case of countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), the term 'person' means "(i) all activities of that government relating to the development or production of any missile equipment or technology; and "(ii) all activities of that government affecting the development or production of aircraft, electronics, and space systems or equipment; and "(9) the term 'otherwise engaged in the trade of means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.".
SEC. 1704. REPORT ON MISSILE PROLIFERATION 22 USC 2797
(a) CONTENTS OF REPORT.Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the Congress a report on international transfers of aircraft which the Secretary has reason to believe may be intended to be used for the delivery of nuclear, biological, or chemical weapons (hereinafter in this section referred to as "NBC capable aircraft") and international transfers of MTCR equipment or technology to any country that is not an MTCR adherent and is seeking to acquire such equipment or technology, other than those countries excluded in subsection (b). Each such report shall include (1) the status of missile and aircraft development programs in any such country, including efforts by such country to acquire MTCR equipment or technology and NBC capable aircraft and an assessment of the present and future capability of such country to produce and utilize such weapons;
104 STAT. 1750
(2) a description of assistance provided, after the date of the enactment of this Act, to any such country, in the development of missile systems, as defined in the MTCR, and NBC capable aircraft by persons and other countries, specifying those persons and other countries which continue to provide MTCR equipment or technology to such country as of the date of the report; (3) a description of diplomatic measures that the United States has taken or that other MTCR adherents have made to the United States with respect to activities of private persons and countries suspected of violating the MTCR; (4) an analysis of the effectiveness of the regulatory and enforcement regimes of the United States and other MTCR adherents to control the export of MTCR equipment or technology; (5) a determination of whether transfers of MTCR equipment or technology by any country pose a significant threat to the national security of the United States; (6) a summary of advisory opinions issued under section llB(b)(4) of the Export Administration Act of 1979 and under section 73(d) of the Arms Export Control Act; and (7) an explanation of United States policy regarding the tranfer of MTCR equipment or technology to foreign missile programs, including space launch vehicle programs. (b) EXCLUSIONS.The countries excluded under subsection (a) are Australia, Belgium, Canada, Denmark, the Federal Republic of Germany, France, Greece, Iceland, Israel, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Spain, Turkey, and the United Kingdom. (c) CLASSIFICATION.The President shall make every effort to submit all of the information required by subsection (a) in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information. (d) DEFINITIONS.For purposes of this section, the terms "missile", "MTCR", "MTCR equipment or technology", and "MTCR adherent" have the meanings given those terms in section 74 of the Arms Export Control Act. TITLE XVIIISTRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
SEC. 1801. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
(a) PROGRAM REQUIRED.(1) Title 10, United States Code, is amended by inserting after chapter 171 the following new chapter: "CHAPTER 172STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
"Sec. "2901. "2902. "2903. "2904. Strategic Environmental Research and Development Program. Strategic Environmental Research and Development Program Council. Executive Director. Strategic Environmental Research and Development Program Scientific Advisory Board.
104 STAT. 1751
" 2901. Strategic Environmental Research and Development Program "(a) The Secretary of Defense shall establish a program to be known as the 'Strategic Environmental Research and Development Program'. "(b) The purposes of the program are as follows: "(1) To address environmental matters of concern to the Department of Defense and the Department of Energy through support for basic and applied research and development of technologies that can enhance the capabilities of the departments to meet their environmental obligations. "(2) To identify research, technologies, and other information developed by the Department of Defense and the Department of Energy for national defense purposes that would be useful to governmental and private organizations involved in the development of energy technologies and of technologies to address environmental restoration, waste minimization, hazardous waste substitution, and other environmental concerns, and to share such research, technologies, and other information with such governmental and private organizations. "(3) To furnish other governmental organizations and private organizations with data, enhanced data collection capabilities, and enhanced analytical capabilities for use by such organizations in the conduct of environmental research, including research concerning global environmental change. "(4) To identify technologies developed by the private sector that are useful for Department of Defense and Department of Energy defense activities concerning environmental restoration, hazardous and solid waste minimization and prevention, hazardous material substitution, and provide for the use of such technologies in the conduct of such activities. " 2902. Strategic Environmental Research and Development Program Council "(a) There is a Strategic Environmental Research and Development Program Council (hereinafter in this chapter referred to as the 'Council'). "(b) The Council is composed of nine members as follows: "(1) The Assistant Secretary of Defense responsible for matters relating to production and logistics. "(2) The Director of Defense Research and Engineering. "(3) The Vice Chairman of the Joint Chiefs of Staff. "(4) The Assistant Secretary of the Air Force responsible for matters relating to space. "(5) The Assistant Secretary of Energy for Defense programs. "(6) The Director of the Department of Energy Office of Environmental Restoration and Waste Management. "(7) The Director of the Department of Energy Office of Energy Research. "(8) The Administrator of the Environmental Protection Agency. "(9) The Executive Director of the Council (appointed pursuant to section 2903 of this title), who shall be a nonvoting member. "(c) The Secretary of Defense shall designate a member of the Council as chairman for each odd numbered fiscal year. The Sec-
104 STAT. 1752
retary of Energy shall designate a member of the Council as chairman for each even-numbered fiscal year. "(d) The Council shall have the following responsibilities: "(1) To prescribe policies and procedures to implement the Strategic Environmental Research and Development Program. "(2) To enter into contracts, grants, and other financial arrangements, in accordance with other applicable law, to carry out the purposes of the Strategic Environmental Research and Development Program. "(3) To prepare an annual five-year strategic environmental research and development plan that shall cover the fiscal year in which the plan is prepared and the four fiscal years following such fiscal year. "(4) To promote the maximum exchange of information, and to minimize duplication, regarding environmentally related research, development, and demonstration activities through close coordination with the military departments and Defense Agencies, the Department of Energy, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, other departments and agencies of the Federal Government or any State and local governments, including the Federal Coordinating Council on Science, Engineering, and Technology, and other organizations engaged in such activities. "(5) To ensure that research and development activities under the Strategic Environmental Research and Development Program do not duplicate other ongoing activities sponsored by the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, or any other department or agency of the Federal Government. "(6) To ensure that the research and development programs identified for support pursuant to policies and procedures prescribed by the council utilize, to the maximum extent possible, the talents, skills, and abilities residing at the Federal laboratories, including the Department of Energy multiprogram and defense laboratories, the Department of Defense laboratories, and Federal contract research centers. To utilize the research capabilities of institutions of higher education and private industry to the extent practicable. "(e) In carrying out subsection (d)(1), the Council shall prescribe policies and procedures that "(1) provide for appropriate access by Federal Government personnel. State and local government personnel, college and university personnel, industry personnel, and the general public to data under the control of, or otherwise available to, the Department of Defense that is relevant to environmental matters by "(A) identifying the sources of such data; "(B) publicizing the availability and sources of such data by appropriately-targeted dissemination of information to such personnel and the general public, and by other means; and "(C) providing for review of classified data relevant to environmental matters with a view to declassifying or preparing unclassified summaries of such data;
104 STAT. 1753
"(2) provide governmental and nongovernmental entities with analytic assistance, consistent with national defense missions, including access to military platforms for sensor deployment and access to computer capabilities, in order to facilitate environmental research; "(3) provide for the identification of energy technologies developed for national defense purposes (including electricity generation systems, energy storage systems, alternative fuels, biomass energy technology, and applied materials technology) that might have environmentally sound, energy efficient applications for other programs of the Department of Defense and the Department of Energy national security programs, particularly technologies that have the potential for industrial, commercial, and other governmental applications, and to support programs of research in and development of such applications; "(4) provide for the identification and support of programs of basic and applied research, development, and demonstration in technologies useful "(A) to facilitate environmental compliance, remediation, and restoration activities of the Department of Defense and at Department of Energy defense facilities; "(B) to minimize waste generation, including reduction at the source, by such departments; or "(C) to substitute use of nonhazardous, nontoxic, nonpolluting, and other environmentally sound materials and substances for use of hazardous, toxic, and polluting materials and substances by such departments; "(5) provide for the identification and support of research, development, and application of other technologies developed for national defense purposes which not only are directly useful for programs, projects, and activities of such departments, but also have useful applications for solutions to such national and international environmental problems as climate change and ozone depletion; "(6) provide for the Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency, in cooperation with other Federal and State agencies, as appropriate, to conduct joint research, development, and demonstration projects relating to innovative technologies, management practices, and other approaches for purposes of "(A) preventing pollution from all sources; "(B) minimizing hazardous and solid waste, including recycling; and "(C) treating hazardous and solid waste, including the use of thermal, chemical, and biological treatment technologies; "(7) encourage transfer of technologies referred to in clauses (2) through (6) to the private sector under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) and other applicable laws; "(8) provide for the identification of, and planning for the demonstration and use of, existing environmentally sound, energy-efficient technologies developed by the private sector that could be used directly by the Department of Defense; "(9) provide for the identification of military specifications that prevent or limit the use of environmentally beneficial technologies, materials, and substances in the performance of
104 STAT. 1754
Reports.
Department of Defense contracts and recommend changes to such specifications; and "(10) to ensure that the research and development programs identified for support pursuant to the policies and procedures prescribed by the Council are closely coordinated with, and do not duplicate, ongoing activities sponsored by the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, or other Federal agencies. "(f)(1) To assist the Council in preparing the five-year strategic environmental research and development plan under subsection (d)(3), the Secretary of Defense and the Secretary of Energy may each submit to the Council a proposal for conducting environmental research under this chapter. The Secretary of each department shall ensure that the environmental research proposal of the department includes "(A) short- and long-term, cooperative, basic, and applied research systems engineering and development programs in environmental research; "(B) short- and long-term, basic research in environmental restoration at the respective laboratories of each department; and "(C) participation by industry and institutions of higher education. "(2) The Secretary of each department shall ensure that, in the development of its environmental research proposal, consideration is given to "(A) the need for increased research in basic science, including basic materials, physics, molecular structures, chemistry, and biology related to environmental research at that Department's defense operations, production, research, and maintenance facilities; and "(B) ways to identify and conduct research and development on technologies for environmental restoration, remediation and waste cleanup activities, waste minimization, and hazardous and toxic materials substitution potential in defense production and maintenance activities. "(3) The Secretary of each department shall transmit the proposal to the Council not later than July 1 of each year. "(g) The Council shall be subject to the authority, direction, and control of the Secretary of Defense in prescribing policies and procedures under subsection (d)(1). "(h)(1) Not later than February 1 of each year, the Council shall submit to the Secretary of Defense an annual report on the annual five-year strategic environmental research and development plan prepared pursuant to subsection (d)(3). "(2) The report shall contain the following: "(A) A description of the actions to be taken during the fiveyear period covered by the plan in order to prevent duplication of research and development activities referred to in the policies and procedures prescribed pursuant to subsection (d)(1). "(B) A description of the involvement with Federal interagency coordinating entities such as the Federal Coordinating Council on Science, Engineering, and Technology.
104 STAT. 1755
"(C) A description of each project selected or recommended by the Council for support and funding, including the duration of, and the total estimated or (if known) actual cost of "(i) each such project supported during the fiscal year in which the plan is submitted and the preceding fiscal year; and "(ii) each such project proposed for funding during the fiscal year in which the annual report is submitted and the following four fiscal years. "(D) The amounts requested, in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the fiscal year following the fiscal year in which the annual report is submitted, for the programs, projects, and activities of the Strategic Environmental Research and Development Program and the estimated expenditures under such programs, projects, and activities during such following fiscal year. "(E) The amount requested in such budget for each Federal laboratory, including each Department of Defense and Department of Energy laboratory. "(F) The amount made available, for the fiscal year in which the annual report is submitted, to each Federal laboratory, including each Department of Defense and Department of Energy laboratory. "(G) A description of any changes in military specifications recommended by the Council, actions to be taken to effectuate any such recommended changes on an expedited basis, and the projected date for each such change. "(H) A description of all contracts, agreements, or other documents for cooperative research and development activities entered into pursuant to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) during the fiscal year preceding the fiscal year in which the annual report is submitted. "(I) Plans for transferring technology and information to other governmental agencies and to nongovernmental organizations involved in environmental research and related matters. "(J) A description of plans to increase access to data described in subsection (e)(1). "(K) Such additional recommendations or proposals, including proposals for legislation, relating to the Strategic Environmental Research and Development Program as the Council considers appropriate. "(3) The Council shall make a draft of the five-year strategic environmental research and development plan covered by each report available for public comment for a period of at least 30 days. "(4) Not later than March 15 of each year the Secretary of Defense Reports. and the Secretary of Energy shall transmit the annual report to the Congress. The Secretary of Defense and the Secretary of Energy may submit such comments on the annual report as each Secretary considers appropriate. " 2903. Executive Director "(a) There shall be an Executive Director of the Council appointed by the Secretary of Defense after consultation with the Secretary of Energy. "(b) Subject to the authority, direction, and control of the Secretary of Defense, the Executive Director is responsible for the
104 STAT. 1756
management of the Strategic Environmental Research and Development Program in accordance with the policies established by the Council. "(c) The Executive Director may enter into contracts or other agreements in accordance with applicable law, except that the Executive Director shall first obtain the approval of the Council for any contract or agreement in an amount equal to or in excess of $500,000 or such lesser amount as the Council may prescribe. "(d)(1) The Executive Director, with the concurrence of the Council, may appoint such professional and clerical staff as may be necessary to carry out the responsibilities and policies of the Council. "(2) The Executive Director, with the concurrence of the Council and without regard to the provisions of chapter 51 of title 5 and subchapter III of chapter 53 of such title, may establish the rates of basic pay for professional, scientific, and technical employees appointed pursuant to paragraph (1). The authority provided in the preceding sentence shall expire two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991. " 2904. Strategic Environmental Research and Development Program Scientinc Advisory Board "(a) The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall jointly appoint a Strategic Environmental Research and Development Program Scientific Advisory Board (hereafter in this section referred to as the 'Advisory Board') consisting of not less than six and not more than 13 members. "(bXl) The Science Advisor to the President, or his designee, shall be a permanent member of the Advisory Board. "(2) Other members of the Advisory Board shall be appointed from among persons eminent in the fields of basic sciences, engineering, ocean and environmental sciences, education, research management, international and security affairs, health physics, health sciences, or social sciences, with due regard given to the equitable representation of scientists and engineers who are women or who represent minority groups. At least one member of the Advisory Board shall be a representative of environmental public interest groups and one member shall be a representative of the interests of State governments. "(3) The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall request "(A) that the head of the National Academy of Sciences, in consultation with the head of the National Academy of En^neering and the head of the Institutes of Medicine of the National Academy of Sciences, nominate persons for appointment to the Advisory Board; "(B) that the Council on Environmental Quality nominate for appointment to the Advisory Board at least one person who is a representative of environmental public interest groups; and "(C) that the National Association of Governors nominate for appointment to the Advisory Board at least one person who is representative of the interests of State governments. "(4) Members of the Advisory Board shall be appointed for terms of three years.
104 STAT. 1757
"(c) A member of the Advisory Board who is not otherwise employewl by the Federal Grovernment shall not be considered to be a Federal employee, except for the purposes of chapter 81 of title 5 (relating to compensation for work-related injuries) ind chapter 171 of title 28 (relating to tort claims). "(d) The Advisory Board shall prescribe procedures for carrying out its responsibilities. Such procedures shall define a quorum as a majority of the members, provide for annual election of the Chairman by the members of the Advisory Board, and require at least four meetings of the Advisory Board each year. "(e) The Council shall refer to the Advisory Board, and the Advisory Board shall review, each proposed research project including its estimated cost, for research in and development of technologies related to environmental activities in excess of $1,000,000. The Advisory Board shall make any recommendations to the (Council that the Advisory Board considers appropriate regarding such project or proposal. "(f) The Advisory Board may make recommendations to the Council regarding technologies, research, projects, programs, activities, and, if appropriate, funding within the scope of the Strategic Environmental Research and Development Program. "(g) The Advisory Board shall assist and advise the Council in identifjdng the environmental data and analytical assistance activities that should be covered by the policies and procedures prescribed pursuant to section 2902(d)(1) of this title. "(h) Not later than March 15 of each year, the Advisory Board Reports, shall submit to the Congress an annual report setting forth its actions during the year preceding the year in which the report is submitted and any recommendations, including recommendations on projects, programs, and information exchange and recommendations for legislation, that the Advisory Board considers appropriate regarding the Strategic Environmental Research and Development Program. "(i) Each member of the Advisory Board shall be required to file a financial disclosure report under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.).". (2) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part IV of such subtitle, are each amended by inserting after the item relating to chapter 171 the following:
"172. strategic Environmental Research and Development Program 2901".
(b) INITIAL APPOINTMENTS OF ADVISORY BOARD MEMBERS.(1) The lO use 2904 Secretary of Defense and the Secretary of Energy shall make the ^âppointments required by section 2904(a) of title 10, United States Code (as added by subsection (aXD), not later than 60 days after the date of the enactment of this Act. (2) Up to one-half of the members originally appointed to the Strategic Environmental Research and Development Program Scientific Advisory Board established under section 2904 of title 10, United States Code, as added by subsection (aXl), may be appointed for terms of not more than six and not less than two years in order to provide for staggered expiration of the terms of members. The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall designate the members appointed for terms authorized under this paragraph and shall specify the terms for which such members are appointed.
104 STAT. 1758

10 u s e 2902 note.
(c) FIRST ANNUAL REPORT OF THE STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM COUNCIL.(1) The first annual
10 u s e 2904 note.
report required by section 2902(h) of title 10, United States Code, is added by subsection (a)(1), shall be submitted to the Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency not later than February 1, 1992. (2) The Strategic Environmental Research and Development Program Council shall conduct and include as part of the first annual report required pursuant to section 2902(h) of title 10, United States Code, as added by subsection (a)(1), an assessment of the advisability of, and various alternatives to, charging fees for information released, as required pursuant to sections 2901(b)(3), 2902(e)(1) and (2), and 2902(g)(2)(I) of such title (as so added), to private sector entities operating for a profit. (3) The Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency shall submit to the Congress, with the annual report referred to in paragraph (1), any recommendations for changes in the structure or personnel of the Council that the Secretaries and the Administrator consider necessary to carry out the environmental activities of the strategic environmental research and development program.
(d) FIRST ANNUAL REPORT OF THE STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM SCIENTIFIC ADVISORY
BOARD.The first annual report of the Strategic Environmental Research and Development Program Scientific Advisory Board required by section 2904(h) of title 10, United States Code, as added by subsection (a)(1), shall be submitted not later than March 15, 1992.
SEC. 1802. AVAILABILITY OF FUNDS
Of the amounts authorized to be appropriated pursuant to section 201, $200,000,000 shall be available for the Strategic Environmental Research and Development Program established under chapter 172 of title 10, United States Code, as added by section 1001. To the extent provided in appropriation Acts, the amount made available by this section shall remain available until expended.
Military eonstruction Authorization Act for Fiscal Year 1991.
DIVISION BMILITARY CONSTRUCTION AUTHORIZATIONS

This division may be cited as the Authorization Act for Fiscal Year 1991". TITLE XXIARMY
'Military
Construction
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS INSIDE THE UNITED STATES
(a) INSIDE THE UNITED STATES.The Secretary of the Army may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations inside the United States:
ALABAMA
Anniston Army Depot, $93,100,000.
PUBLIC LAW 101-510NOV. 5, 1990 Redstone Arsenal, $14,400,000. Fort Rucker, $3,400,000.
ALASKA
104 STAT. 1759
Fort Wainwright, $13,900,000.

ARIZONA
Fort Huachuca, $1,050,000.

ARKANSAS
Pine Bluff Arsenal, $1,600,000.

CAUFORNIA
Fort Irwin, $4,200,000. Fort Ord, $7,400,000.

COLORADO
Fort Carson, $23,500,000. Falcon Air Force Base, $1,450,000.

GEORGLA
Fort Benning, $10,880,000. Fort Gordon, $10,600,000. Fort Stewart, $1,650,000.

HAWAII
Schofield Barracks, $9,700,000.

INDIANA
Fort Benjamin Harrison, $5,600,000.

KANSAS
Fort Leavenworth, $34,000,000. Fort Riley, $14,900,000.

KENTUCKY
Fort Campbell, $2,300,000. Fort Knox, $25,400,000.

LOUISIANA
Fort Polk, $22,000,000.

MARYLAND
Aberdeen Proving Ground, $45,100,000. Fort Detrick, $530,000.

MISSOURI
Fort Leonard Wood, $12,750,000.

NEW YORK
Fort Drum, $9,408,000.

NORTH CAROUNA
Fort Bragg, $60,070,000.
104 STAT. 1760

OKLAHOMA
Fort Sill, $25,150,000.

PENNSYLVANIA
Carlisle Barracks, $26,200,000. Fort Indiantown Gap, $6,350,000. Tobyhanna Army Depot, $6,800,000.
SOUTH CAROLINA
Fort Jackson, $1,600,000.

TEXAS
Camp Swift, $100,000. Fort Bliss, $20,000,000. Fort Hood, $43,269,000. Fort Sam Houston, $33,700,000.
UTAH
Dugway Proving Ground, $450,000. Tooele Army Depot, $11,800,000.

VIRGINIA
Fort Fort Fort Fort Fort Fort
A. P. Hill, $3,200,000. Belvoir, $2,500,000. Eustis, $530,000. Lee, $520,000. Myer, $2,150,000. Story, $1,600,000.
WASHINGTON
Fort Lewis, $18,000,000.

WISCONSIN
Fort McCoy, $24,400,000.

CONUS CLASSIFIED
Classified Location, $3,000,000. (b) OUTSIDE THE UNITED STATES.The Secretary of the Army may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States.
GERMANY
Kaiserslautern, $5,000,000. Various, $2,500,000.

KOREA
K-16 Airfield, $1,500,000.

SEC. 2102. FAMILY HOUSING
(a) CONSTRUCTION AND ACQUISITION.The Secretary of the Army may construct or acquire family housing units (including land), using amounts appropriated pursuant to section 2104(a)(7)(A), at the
104 STAT. 1761
following location, in the number of units shown, and in the amount shown: Hawaii, Oahu, Various Locations, one hundred and thirtyeight units, $15,000,000. Kansas, Fort Riley, two hundred and four units, $12,500,000. (b) PLANNING AND DESIGN.The Secretary of the Army may, using amounts appropriated pursuant to section 2104(a)(7)(A), carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,700,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS
Subject to section 2825 of title 10, United States Code, the Secretary of the Army may, using amounts appropriated pursuant to section 2104(a)(7)(A), improve existing military family housing in an amount not to exceed $44,100,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY
(a) IN GENERAL.Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1990, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,285,237,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $582,207,000. (2) For military construction projects outside the United States authorized by section 2101(b), $9,000,000. (3) For the construction of the Ammunition Demilitarization Facility, Phase II, Tooele Army Depot, Utah, as authorized by section 2101(a) of the Military Construction Authorization Act, 1989 (division B of Public Law 100-456; 102 Stat. 2088), $49,400,000. (4) For unspecified minor construction projects authorized under section 2805 of title 10, United States Code, $7,603,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $89,577,000. (6) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $10,400,000. (7) For military family housing functions: (A) For construction and acquisition of military family housing and facilities, $74,300,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,457,650,000, of which not more than $434,316,000 may be obligated or expended for the leasing of military family housing worldwide. (8) For the Homeowners Assistance Program as authorized by section 2832 of title 10, United States Code, $5,100,000, to remain available until expended.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.Not-
withstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this division may not exceed the total amount
104 STAT. 1762

(1) authorized to be appropriated under paragraphs (1) and (2) of subsection (a); and (2) $78,000,000 (the balance of the amount authorized under section 2101(a) for the construction of the Ammunition Demilitarization Facility, Anniston Army Depot, Alabama).
SEC. 2105. AMMUNITION DEMILITARIZATION FACILITY, TOOELE ARMY DEPOT, UTAH
(a) PROJECT AMOUNT.Section 2101(a) of the Military Construction Authorization Act, 1989 (division B of Public Law 100-456; 102 Stat. 2088) is amended by striking out "Tooele Army Depot, $92,300,000." and inserting in lieu thereof "Tooele Army Depot, $141,700,000.". (b) TITLE TOTAL.Section 21050?) of such Act (102 Stat. 2091) is amended (1) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (2) by adding after paragraph (2) the following: "(3) $49,400,000 (the balance of the amount authorized under section 2101(a) for the construction of the Ammunition Demilitarization Facility, Tooele Army Depot, Utah).".
SEC. 2106. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS (a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1986
PROJECT.Notwithstanding the provisions of section 606(a) of the Military Construction Authorization Act, 1986 (Public Law 99-167, 99 Stat. 982), authorizations for the following project authorized in section 102 of that Act, as extended by section 2105(b) of the Military Construction Authorization Act, 1988 and 1989 (division B of Public Law 100-180; 101 Stat. 1185), section 2106(b) of the Military Construction Authorization Act, 1989 (division B of Public Law 100456; 101 Stat. 2092), and section 21050)) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat. 1619), shall remain in effect until October 1, 1991, or the date of enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is later: \ Family housing, new construction, si;x units, in the amount of $596,000 at Fort Myer, Virginia.
(h) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1988
PROJECT.Notwithstanding the provisions of section 2171(a) of the Military Construction Authorization Act, 1988 and 1989 (division B of Public Law 100-180, 101 Stat. 1206), authorizations for the following project authorized in section 2102 of that Act, as extended by section 2105(d) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat. 1619) shall remain in effect until October 1,1991, or the date of enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is later: Family housing, new construction, twenty-five units, in the amount of $2,200,000 at Fort A.P. Hill, Virginia.
(c) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1989
PROJECTS.Notwithstanding the provisions of section 2701(a) of the Military Construction Authorization Act, 1989 (Public Law 100-456, 102 Stat. 2115), authorizations for the following projects authorized in sections 2101 and 2102 of that Act shall remain in effect until October 1, 1991, or the date of enactment of an Act authorizing
104 STAT. 1763
funds for military construction for fiscal year 1992, whichever is later: (1) Land acquisition in the amount of $410,000 at Fort Rucker, Alabama. (2) Battalion Headquarters in the amount of $2,300,000 at Fort Wainwright, Alaska. (3) Test and Evaluation Center in the amount of $5,400,000 at Fort Huachuca, Arizona. (4) Chemical area security upgrade in the amount of $3,050,000 at Pine Bluff Arsenal, Arkansas. (5) Chemical area security upgrade in the amount of $3,200,000 at Pueblo Depot Activity, Colorado. (6) Chemical area security upgrade in the amount of $770,000 at Lexington-Blue Grass Depot Activity, Kentucky. (7) Regional sewage system connection in the amount of $2,500,000 at United States Military Academy, New York. (8) Chemical area security upgrade in the amount of $3,600,000 at Umatilla Depot Activity, Oregon. (9) Industrial waste treatment plant in the amount of $1,900,000 at Letterkenny Army Depot, Pennsylvania. (10) Chemical area security upgrade in the amount of $5,700,000 at Tooele Army Depot, Utah. (11) Central wash facility in the amount of $4,000,000 at Fort Pickett, Virginia. (12) Petroleum Field Training Center in the amount of $4,800,000 at Fort Lee, Virginia. (13) Operations facility in the amount of $5,300,000 at Location 276 (Turkey). (14) Intermediate staging facility in the amount of $11,300,000 at unspecified foreign location. (15) Pre-positioned war material facilities in the amount of $4,450,000 at unspecified foreign locations. (16) Family housing, new construction, one hundred and eight units, in the amount of $9,100,000 at Fort Bliss, Texas. TITLE XXIINAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS
(a) INSIDE THE UNITED STATES.The Secretary of the Navy may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations inside the United States:
ALASKA
Adak, Naval Air Station, $4,250,000. Adak, Naval Security Group Activity, $3,000,000. Amchitka, Fleet Surveillance Support Command, $31,000,000.
ARIZONA
Yuma, Marine Corps Air Station, $3,720,000.

CALIFORNIA
Bridgeport, Mountain Warfare Training Center, $11,300,000. Camp Pendleton, Amphibious Task Force, $8,470,000.
104 STAT. 1764

Camp Pendleton, Marine Corps Air Station, $4,110,000. Camp Pendleton, Marine Corps Base, $19,910,000. China Lake, Naval Weapons Center, $17,585,000. Corona, Naval Weapons Station, Seal Beach Annex, $8 870 000 El foro, Marine Corps Air Station, $6,980,000. Lemoore, Naval Air Station, $900,000. Long Beach, Naval Station, $3,520,000. Miramar, Naval Air Station, $9,010,000. Monterey, Naval Postgraduate School, $8,810,000. North Island, Naval Air Station, $1,510,000. Point Mugu, Pacific Missile Test Center, $2,070,000. Port Hueneme, Naval Construction Battalion Center, $2,010,000. Port Hueneme, Naval Ship Weapon Systems Engineering Station, $10,150,000. San Diego, Fleet Anti-Submarine Warfare Training Center, Pacific, $8,950,000. San Diego, Naval Ocean Systems Center, $11,760,000. San Diego, Naval Submarine Base, $4,670,000. San Diego, Naval Supply Center, $8,800,000. San Diego, Naval Training Center, $15,229,000. San Diego, Navy Public Works Center, $3,320,000. Twentynine Palms, Marine Corps Air-Ground Combat Center, $10,820,000.
CONNECTICUT
New London, Naval Submarine Base, $22,500,000. New London, Naval Submarine School, $18,990,000.
DISTRICT OF COLUMBIA
Washington, Naval Research Laboratory, $9,850,000.

FLORIDA
Jacksonville, Naval Air Station, $9,140,000. Jacksonville, Naval Aviation Depot, $14,670,000. Key West, Naval Air Station, $7,030,000. Mayport, Fleet Training Center, $4,300,000. Mayport, Naval Station, $4,950,000. Orlando, Naval Training Center, $10,960,000. Panama City, Naval Coastal Systems Center, $4,330,000. Pensacola, Navy Public Works Center, $3,460,000.
GEORGIA
Albany, Marine Corps Logistics Base, $1,360,000. Kings Bay, Naval Submarine Base, $77,475,000.
HAWAII
Kaneohe Bay, Marine Corps Air Station, $1,650,000. Lualualei, Naval Magazine, $1,660,000. Pearl Harbor, Commander Oceanographic System Pacific, $12,780,000. Pearl Harbor, Naval Submarine Base, $2,010,000. Pearl Harbor, Navy Public Works Center, $6,940,000.

ILUNOIS
104 STAT. 1765
Great Lakes, Naval Training Center, $2,170,000. Great Lakes, Navy Public Works Center, $2,460,000.
INDIANA
$?
Crjine, Naval Weapons Support Center, $13,520,000.

KENTUCKY
Louisville, Naval Ordnance Station, $5,660,000.

MAINE
Kittery, Portsmouth Naval Shipyard, $38,182,000.

MARYLAND
Bethesda, National Naval Medical Center, $9,040,000. Indian Head, Naval Ordnance Station, $12,430,000. Patuxent River, Naval Air Test Center, $11,040,000. Patuxent River, Naval Hospital, $2,510,000. St. Inigoes, Naval Electronic Systems Engineering Activity, $4,020,000.
MISSISSIPPI
Gulfport, Naval Construction Training Center, $8,710,000.

NEW JERSEY
Earle, Naval Weapons Station, $85,400,000.

NORTH CAROUNA
Camp Lejeune, Marine Corps Base, $29,170,000. Cherry Point, Marine Corps Air Station, $13,950,000.
PENNSYLVANIA
Warminster, Naval Air Development Center, $10,770,000.

RHODE ISLAND
Newport, Naval Education and Training Center, $7,430,000. Newport, Naval Underwater Support Center, $13,700,000.
SOUTH CAROLINA
Beaufort, Marine Corps Air Station, $6,700,000. Charleston, Naval Station, $720,000. Charleston, Naval Weapons Station, $27,030,000. Parris Island, Marine Corps Recruit Depot, $3,410,000.
TEXAS
Lackland Air Force Base, Naval Technical Training Center Detachment, $11,850,000.
VIRGINIA
Arlington, Headquarters Marine Corps, $2,810,000.
104 STAT. 1766
PUBLIC LAW 101-510NOV. 5, 1990 Dahlgren, Naval Space Surveillance System, $9,850,000. Dam Neck, Fleet Combat Direction Systems Support Activity, $6,500,000. Little Creek, Naval Amphibious Base, $22,870,000. Little Creek, Naval Amphibious School, $2,600,000. Norfolk, Fleet Training Center, $16,080,000. Norfolk, Naval Station, $10,950,000. Norfolk, Navy Public Works Center, $4,020,000. Norfolk, Naval Shipyard, $14,600,000. Oceana, Naval Air Station, $3,670,000. Quantico, Marine Corps Combat Development Command, $34,114,000. Quantico, Naval Research Laboratory Annex, $2,600,000. Wallops Island, AEGIS Combat Systems Center, $5,490,000.
WASHINGTON
Bangor, Trident Refit Facility, $3,020,000. Bangor, Trident Training Facility, $3,610,000. Bremerton, Puget Sound Naval Shipyard, $22,000,000. Everett, Naval Station, $22,267,000. Keyport, Naval Undersea Warfare Engineering Station, $18,590,000. Oak Harbor, Naval Hospital, $2,180,000. Silverdale, Strategic Weapons Facility Pacific, $56,480,000. Whidbey Island, Naval Facility, $1,750,000.
VARIOUS LOCATIONS
Land Acquisition, $4,400,000. Secretary of the Navy may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States:
OJ) OUTSIDE THE UNITED STATES.The GUAM
Naval Magazine, $9,319,000. Navy Public Works Center, $7,500,000.

ICELAND
Keflavik, Naval Air Station, $2,440,000.

ITALY
Sicily, Naval Communication Station, $1,513,000. Sigonella, Naval Air Station, $8,390,000.
SPAIN
Rota, Naval Communication Station, $1,105,000.

VARIOUS LOCATIONS
Host Nation Infrastructure Support, $1,000,000.

(a) CONSTRUCTION AND ACQUISITION.The Secretary of the Navy may, using amounts appropriated pursuant to section 2205(a)(7)(A),
104 STAT. 1767
construct or acquire family housing units (including land), at the following installations in the number of units shown, and in the amount shown, for each installation: Camp Pendleton, Marine Corps Base, California, one hundred and sixteen units, $11,805,000. Long Beach, Naval Station, California, three hundred units, $24,928,000. San Diego, Navy Public Works Center, California, three hundred units, $31,880,000. Fallon Naval Air Station, Nevada, eighty units, $10,500,000. Little Creek, Naval Amphibious Base, Virginia, Family Housing Office, $372,000. Norfolk, Navy Public Works Center, Virginia, two Community Centers, $834,000. Guantanamo Bay, Naval Station, Cuba, one hundred and thirty-four units, $18,409,000. Keflavik, Naval Air Station, Iceland, one hundred and twelve units, $27,479,000. (b) PLANNING AND DESIGN.The Secretary of the Navy may, using amounts appropriated pursuant to section 2205(a)(7XA), carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $6,200,000.
Subject to section 2825 of title 10, United States Code, the Secretary of the Navy may, using amounts appropriated pursuant to section 2205(aX7)(A), improve existing military family housing units in the amount of $42,420,000.
SEC. 2204. DEFENSE ACCESS ROADS
The Secretary of the Navy may, using amounts appropriated pursuant to section 2205(aX6), make advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23, United States Code, at the following locations and in the following amounts: Naval Station, Charleston, South Carolina, $2,000,000. Various locations, $4,017,000.
SEC. 2205. AUTHORIZATION OF APPROPRIATIONS, NAVY
(a) I N GENERAL.Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1990, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,014,223,000 as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $959,802,000. (2) For military construction projects outside the United States authorized by section 22010)), $31,267,000. (3) For the construction of the Headquarters Building, Naval Intelligence Command Headquarters, Suitland, Maryland, as authorized by section 2201(a) of the Military Construction Authorization Act, 1989, $55,048,000. (4) For unspecified minor construction projects under section 2805 of title 10, United States Code, $13,311,000.
104 STAT. 1768
PUBLIC LAW 101-510NOV. 5, 1990 (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $76,951,000. (6) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $6,017,000. (7) For military family housing functions: (A) For construction and acquisition of military family housing and facilities, $174,827,000. (B) For support of military housing (including functions described in section 2833 of title 10, United States Code), $697,000,000, of which not more than $53,775,000 may be obligated or expended for the leasing of military family housing units worldwide.
0)) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.Not-
withstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this division may not exceed (1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); and (2) $65,300,000 (the balance of the amount authorized under section 2201(a) for the construction of trestles replacement at Naval Weapons Station, Earle, New Jersey).
PROJECTS.Notwithstanding the provisions of section 2171(a) of the Military Construction Authorization Act, 1988 and 1989 (division B of Public Law 100-180; 101 Stat. 1206), authorizations for the following projects authorized in section 2121 of that Act, as extended by section 2205 of the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat. 1628), shall remain in effect until October 1, 1991, or the date of enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is later: (1) Physical security improvements in the amount of $2,460,000 at the Naval Air Station, Sigonella, Italy. (2) Cold-iron utilities support in the amount of $7,480,000 at Naval Support Office, La Maddelena, Italy.
(b) EXTENSION OF CERTAIN PREVIOUS AUTHORIZATION OF CERTAIN FISCAL YEAR 1989 PROJECTS.Notwithstanding the provisions of
section 2701(a) of the Military Construction Act, 1989 (division B of Public Law 100-456; 102 Stat. 2115), authorizations for the following projects authorized in sections 2201 and 2202 of that Act shall remain in effect until October 1,1991, or the date of enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is later: (1) C!ommunity Center in the amount of $1,046,000 at Marine Corps Air Station, Tustin, California. (2) Child Care Center in the amount of $1,930,000 at Marine Corps Air-Ground Combat Center, Twentynine Palms, California. (3) Fire Station in the amount of $2,500,000 at Mare Island Naval Shipyard, Vallejo, California. (4) Controlled Industrial Facility in the amount of $11,250,000 at Naval Submarine Base, Pearl Harbor, Hawaii.
104 STAT. 1769
(5) Forward Training Area in the amount of $8,280,000 at Marine Corps Air Station, Cherry Point, North Carolina. (6) Aircraft maintenance facility in the amount of $8,370,000 at Naval Air Station, Whidbey Island, Washington. (7) Support facility upgrade in the amount of $6,470,000 at Naval Support Facility, Antigua. (8) Fire safety system in the amount of $1,950,000 at Naval Supply Depot, Guam. (9) Electronic installation in the amount of $20,972,000 at Fleet Surveillance Support Group, Guam. (10) Power plant in the amount of $27,770,000 at Navy Public Works Center, Subic Bay, Philippines. (11) Family housing, new construction, three hundred units, in the amount of $26,110,000 at Naval Station, Long Beach, California. TITLE XXIIIAIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS
(a) INSIDE THE UNITED STATES.The Secretary of the Air Force may acquire real property and may carry out military construction projects in the amounts shown for each of the installations and locations inside the United States:
ALABAMA
Gunter Air Force Base, $20,100,000. Maxwell Air Force Base, $22,500,000.
ALASKA
Clear Air Force Station, $5,000,000. Eielson Air Force Base, $12,400,000. Elmendorf Air Force Base, $8,900,000. Galena Airport, $8,700,000. King Salmon Airport, $2,500,000. Shemya Air Force Base, $47,400,000. Various Locations, $11,000,000.
ARIZONA
Williams Air Force Base, $3,650,000.

ARKANSAS
Little Rock Air Force Base, $5,300,000.

CALIFORNIA
Beale Air Force Base, $6,300,000. Castle Air Force Base, $8,200,000. Edwards Air Force Base, $23,600,000. March Air Force Base, $1,050,000. McClellan Air Force Base, $11,200,000. Sierra Army Depot, $3,650,000. Travis Air Force Base, $10,800,000. Vandenberg Air Force Base, $29,200,000.
39-194 O - 91 - 14 : QL 3 Part 3
104 STAT. 1770

COLORADO
Air Force Academy, $3,000,000. Falcon Air Force Station, $710,000. Lowry Air Force Base, $4,550,000. Peterson Air Force Base, $4,050,000.
FLORIDA
Avon Park Range, $700,000. Cape Csinaveral Air Force Station, $5,353,000. Eglin Air Force Base, $4,700,000. Homestead Air Force Base, $7,900,000. MacDill Air Force Base, $12,250,000.
GEORGIA
Moody Air Force Base, $4,400,000. Robins Air Force Base, $21,200,000.
HAWAII
Hickam Air Force Base, $11,420,000. Wheeler Air Force Base, $3,500,000.
IDAHO
Mountain Home Air Force Base, $1,350,000.

ILUNOIS
Scott Air Force Base, $10,060,000.

INDIANA
Grissom Air Force Base, $4,500,000.

KANSAS
McConnell Air Force Base, $9,100,000.

LOUISIANA
Barksdale Air Force Base, $8,530,000.

MAINE
Bangor Air National Guard Base, $970,000.

MARYLAND
Andrews Air Force Base, $6,900,000. Fort George G. Meade, $1,800,000.

^ MASSACHUSETTS
Hanscom Air Force Base, $3,800,000.

MICHIGAN
K.I. Sawyer Air Force Base, $2,700,000. Wurtsmith Air Force Base, $960,000.

MISSISSIPPI
104 STAT. 1771
Columbus Air Force Base, $3,100,000.

MISSOURI
Whiteman Air Force Base, $62,400,000.

NEBRASKA
Offutt Air Force Base, $2,600,000.

NEVADA
Indian Springs Auxiliary Field, $2,550,000. Nellis Air Force Base, $12,520,000.
NEW JERSEY
McGuire Air Force Base, $7,850,000.

NEW MEXICO
HoUoman Air Force Base, $78,010,000. Kirtland Air Force Base, $4,200,000.
NEW YORK
Griffiss Air Force Base, $4,500,000. Plattsburgh Air Force Base, $1,200,000.
NORTH CAROUNA
Seymour Johnson Air Force Base, $2,502,000.

NORTH DAKOTA
Grand Forks Air Force Base, $8,850,000. Minot Air Force Base, $3,600,000.
OHIO
Newark Air Force Base, $5,100,000. Wright-Patterson Air Force Base, $10,150,000.
OKLAHOMA
Altus Air Force Base, $21,700,000. Tinker Air Force Base, $56,950,000. Vance Air Force Base, $400,000.
SOUTH CAROUNA
'
Charleston Air Force Base, $14,090,000. Shaw Air Force Base, $3,000,000.
SOUTH DAKOTA
Ellsworth Air Force Base, $13,150,000.
104 STAT. 1772

TEXAS
Brooks Air Force Base, $4,100,000. Carswell Air Force Base, $12,616,000. Dyess Air Force Base, $7,550,000. Goodfellow Air Force Base, $980,000. Kelly Air Force Base, $10,300,000. Lackland Air Force Base, $22,500,000. Laughlin Air Force Base, $1,820,000. Randolph Air Force Base, $1,750,000. Reese Air Force Base, $5,090,000. Sheppard Air Force Base, $8,400,000.
UTAH
Hill Air Force Base, $25,300,000.

VIRGINIA
Langley Air Force Base, $600,000.

WASHINGTON
Fairchild Air Force Base, $11,200,000. McChord Air Force Base, $5,200,000.
WYOMING
F.E. Warren Air Force Base, $4,400,000. (b) OUTSIDE THE UNITED STATES.The Secretary of the Air Force may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States:
ANTIGUA
Antigua Air Station, $8,200,000.

CANADA
Various locations, $6,300,000.

GREENLAND
Thule Air Base, $6,300,000.

JAPAN
Kadena Air Base, $2,950,000.

KOREA
Osan Air Base, $3,500,000.

SEYCHELLES ISLANDS
Mahe Missile Tracking Site, $4,600,000.

TURKEY
Incirlik Air Base, $1,100,000. Pirinclik Air Station, $1,250,000.

SEC. 2302. FAMILY HOUSING (a) CONSTRUCTION AND ACQUISITION.The Secretary of the
104 STAT. 1773
Air
Force may construct or acquire family housing units (including land) using amounts appropriated pursuant to section 2304(aX7)(A), at the following installations in the amounts shown for each installation: Nellis Air Force Base, Nevada, thirteen units, $1,600,000. Nellis Air Force Base, Nevada, housing office, $235,000. HoUoman Air Force Base, New Mexico, housing maintenance facility, $219,000. Seymour-Johnson Air Force Base, North Carolina, housing office, $365,000. Charleston Air Force Base, South Carolina, housing office and maintenance facility, $592,000. Myrtle Beach Air Force Base, South Carolina, housing office, $258,000. Ellsworth Air Force Base, South Dakota, housing office, $313,000. Andersen Air Force Base, Guam, housing and storeige facility, $1,371,000. 0)) PLANNING AND DESIGN.The Secretary of the Air Force may, using amounts appropriated pursuant to section 2304(aX7)(A), carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $6,000,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS ,
Subject to section 2825 of title 10, United States Code, the Secretary of the Air Force may, using amounts appropriated pursuant to section 2304(aX7XA), improve existing military family housing units in an amount not to exceed $172,012,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE
(a) I N GENERAL.Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1990, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,954,059,000 as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $777,081,000. (2) For military construction projects outside the United States authorized by section 2301(b), $34,200,000. (3) For the construction of the Large Rocket Test Facility, Arnold Engineering Development Center, Tennessee, as authorized by section 2301(a) of the Military Construction Authorization Act, 1989 (division B of Public Law 100-456; 102 Stat. 2087), and as amended by section 2307 of the Military Construction Authorization Act, 1990, Public Law 101-189, $66,000,000. (4) For unspecified minor construction projects under section 2805 of title 10, United States Code, $10,272,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $107,741,000. (6) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $9,000,000.
104 STAT. 1774
PUBLIC LAW 101-510NOV. 5, 1990 (7) For military family housing functions: (A) For construction and acquisition of military family housing and facilities, $182,965,000. (B) For support of military housing (including functions described in section 2833 of title 10, United States Code), $766,800,000, of which not more than $110,911,000 may be obligated or expended for leasing of military family housing units worldwide.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.Not-
withstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this division may not exceed (1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); and (2) $39,000,000 (the balance of the amount authorized for the construction of support facilities for the 37th Tactical Fighter Wing at Holloman Air Force Base, New Mexico). (c) LIMITATION.None of the funds appropriated pursuant to the authorization in subsection (aXD may be expended for the construction of support facilities for the 37th Tactical Fighter Wing at Holloman Air Force Base, New Mexico, until after the 21-day period referred to in section 2308. (d) AUTHORIZED EXPENDITURE.Of the funds appropriated pursua i ^ t o subsection (aX4), the Secretary of the Air Force may expend not more than $332,000 to purchase a facility at the operation and test evaluation center at Edwards Air Force Base, California.
SEC. 2305. AUTHORIZATION OF A FACILITY
The Secretary of the Air Force may acquire at no cost an existing building constructed on Eglin Air Force Base, Florida, in 1986 as part of a three-year incrementally funded research, development, test and evaluation contract.
SEC. 2306. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN MILITARY CONSTRUCTION PROJECT
103 Stat. 1630.
(a) I N GENERAL.Section 2301(a) of the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189) is amended by striking out the following:
"WYOMING
"F.E. Warren Air Force Base, $104,850,000.". (b) CONFORMING AMENDMENTS.Section 2304(a) of such Act is amended (1) by striking out "$2,193,638,000" and inserting in lieu thereof "$2,103,788,000"; and (2) in paragraph (1), by striking out "$945,836,000" and inserting in lieu thereof "$855,986,000".
(c) AUTHORIZATION OF APPROPRIATIONS.For the purpose of
acquiring real property and carr3dng out military construction projects for which authority is provided under section 2301 of this Act, the Secretary of the Air Force may, to the extent provided in appropriation Acts, use funds that have been appropriated for the project to which subsection (a) is applicable.

SEC. 2307. DESIGNATION OF INSTALLATION
104 STAT. 1775
The Secretary of the Air Force shall provide that the installation which receives the last operational upgrade for the Minuteman II missile system shall be the installation from which the last Minuteman II missile is retired.
SEC. 2308. RESTRICTION ON RELOCATION OR TONOPAH RESEARCH SITE, NEVADA REALIGNMENT AT
None of the funds available to the Department of Defense during fiscal year 1991 may be used, directly or indirectly, to transfer, realign, relocate, or otherwise diminish any part of the 37th Tactical F%hter Wing at the Tonopah Research Site, Nevada, until after the 21-day period beginning on the date on which the Secretary of the Air Force transmits to the congressional defense committees a certification that any such action to be taken with respect to such Tactical Fighter Wing will be effective in meeting the Wing's mission and in reducing overall cost to the Air Force, taking into consideration the basing of units of the Air Force proposed in the multi-year defense plan in effect at the time of the certification. The Secretary shall include in any such certification an explanation and justification of the reasons for such conclusion.
SEC. 2309. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS (a) EXTENSION OF AUTHORIZATION OF A CERTAIN FISCAL YEAR 1987
PROJECT.Notwithstanding the provisions of section 2701(a) of the Military Construction Authorization Act, 1987 (division B of Public Law 99-661; 100 Stat. 4040), authorization for the following project authorized in section 2301 of that Act, as extended by section 2305 of the Military Construction Authorization Act, 1989 (division B of Public Law 100-456; 102 Stat. 2115), shall remain in effect until October 1, 1991, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is KC-135 CPT Simulator Facility in the amount of $890,000 at Beale Air Force Base, California.
(b) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1989
PROJECTS.Notwithstanding the provisions of section 2701(a) of the Military Construction Authorization Act, 1989 (division B of Public Law 100-456; 102 Stat. 2108), authorizations for the following projects authorized in sections 2301 and 2303 of that Act shall remain in effect until October 1, 1991, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is later: (1) F-111 Avionics Facility in the amount of $1,300,000 at Cannon Air Force Base, New Mexico. (2) Aircraft Operational Apron-Phase I in the amount of $4,950,000; Intelligence Facility-Phase II in the amount of $2,250,000; Special Operations Forces Helicopter Maintenance Facility in the amount of $4,100,000; Special Operations Forces Hangar/Nose Dock in the amount of $2,100,000; and Special Operations Forces Hydrant Fueling System in the amount of $800,000 at Clark Air Base, Philippines. (3) Defense Language Institute Language Training Laboratory in the amount of $12,000,000 at Lackland Air Force Base, Texas. (4) Land Acquisition in the amount of $2,300,000 at Altus Air Force Base, Oklahoma.
104 STAT. 1776
PUBLIC LAW 101-510NOV. 5, 1990 (5) Alter Technical Training Management Facility in the amount of $1,750,000 at Randolph Air Force Base, Texas. (6) Alter and Expand Headquarters Data Center, in the amount of $576,000 at Patrick Air Force Base, Florida. (7) Security Police Complex, in the amount of $2,300,000 at McGuire Air Force Base, New Jersey. (8) Over the Horizon-Backscatter (OTH-B) Operations Building in the amount of $17,500,000 at Elmendorf Air Force Base, Alaska. (9) Fire Training Area in the amount of $2,200,000 at Peterson Air Force Base, Colorado. (10) Alter Combat Intelligence Operations Center in the amount of $1,000,000 at Ramstein Air Base, Germany (authorized as part of Classified Locations in the amount of $16,473,000). (11) Solid State Uninterrupted Power Supply in the amount of $1,300,000 at Ramstein Air Base, Germany. (12) Add to and Alter Aircraft Support Equipment Shop in the amount of $2,850,000 at Shemya Air Force Base, Alaska. (13) Post Office in the amount of $550,000 at Incirlik, Turkey. (14) F-16 Aircraft Maintenance Unit Facility in the amount of $2,800,000 at Osan Air Base, Korea. (15) Improve Military Family Housing, Phase II, in the amount of $4,018,000 at Boiling Air Force Base, District of Columbia. (16) Improve On-Base Housing in the amount of $3,207,000 at McClellan Air Force Base, California. (17) Off-Street Parking, Site Improvements in the amount of $1,919,000 at Scott Air Force Base, Illinois. (18) Improve Family Housing, Phase I, in the amount of $7,869,000 at Carswell Air Force Base, Texas. (19) Improve 16 Family Housing Units in the amount of $600,000 at Carswell Air Force Base, Texas. (20) Modernize Capehart Housing, Phase IV, in the amount of $4,373,000 at K.I. Sawyer Air Force Base, Michigan. (21) Improve Capehart Housing, Phase I, in the amount of $10,600,000 at Plattsburgh Air Force Base, New York. (22) Improve General Officers Quarters in the amount of $74,000 at Peterson Air Force Base, Colorado. (23) Upgrade Capehart Military Family Housing, Phase II, in the amount of $6,006,000 at HoUoman Air Force Base, New Mexico. (24) Improve Family Housing in the amount of $2,278,000 at Keesler Air Force Base, Mississippi. (25) Addition to Physical Fitness Center in the amount of $3,800,000 at Peterson Air Force Base, Colorado. TITLE XXIVDEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS (a) INSIDE THE UNITED STATES.The Secretary of Defense may
acquire real property and may carry out military construction projects in the amount shown for each of the following installations and locations inside the United States:

DEFENSE COMMUNICATIONS AGENCY
104 STAT. 1777
Wheeler Air Force Base, Hawaii, $1,491,000. Arlington Service Center, Virginia, $2,664,000.
DEFENSE LOGISTICS AGENCY
Defense Reutilization and Marketing Office, Anniston Army Depot, Alabama, $2,370,000. Defense Depot, Tracy, California, $1,700,000. Defense Reutilization and Marketing Office, Eglin Air Force Base, Florida, $2,850,000. Defense Reutilization and Marketing Office, Fort Meade, Maryland, $9,500,000. Defense Depot, Mechanicsburg, Pennsylvania, $18,100,000. Defense Personnel Support Center, Philadelphia, Pennsylvania, $3,940,000. Defense Reutilization and Marketing Office, Fort Jackson, South Carolina, $500,000. Defense Depot, Memphis, Tennessee, $14,900,000. Defense General Supply Center, Richmond, Virginia, $7,000,000. Defense Reutilization and Marketing Office, F.E. Warren Air Force Base, Wyoming, $1,700,000.
DEFENSE MEDICAL FACILITIES OFFICE
Marine Corps Base, Camp Pendleton, California, $1,750,000. Walter Reed Army Medical Center, District of Columbia, $4,000,000. MacDill Air Force Base, Florida, $2,900,000. Fort Benning, Georgia, $2,000,000. Tripler Army Medical Center, Hawaii $2,200,000. Fort Riley, Kansas, $1,050,000. Marine Corps Base, Camp Lejeune, North Carolina, $3,200,000. Altus Air Force Base, Oklahoma, $500,000. Philadelphia Naval Shipyard, Pennsylvania, $11,600,000. Lackland Air Force Base, Texas, $2,250,000. Cheatham Annex, Virginia, $6,500,000. Dam Neck Flight Center, Virginia, $4,050,000. Fort Lee, Virginia, $4,850,000. Marine Corps Base, Quantico, Virginia, $2,450,000.
DEFENSE NUCLEAR AGENCY
White Sands Missile Range, New Mexico, $45,000,000.

NATIONAL SECURITY AGENCY
Fort George C. Meade, Maryland, $16,046,000.

OFFICE OF THE SECRETARY OF DEFENSE
Defense Language Institute, Monterey, California, $4,182,000. Uniformed Services University of the Health Sciences, Bethesda, Maryland, $800,000. Classified Locations, $26,600,000.
104 STAT. 1778

SECTION VI SCHOOI^
Fort Benning, Georgia, $9,400,000. Dahlgren, Navgil Surface Warfare $1,360,000.
Center,
Virginia,
SPECIAL OPERATIONS COMMAND
Coronado Naval Amphibious Base, California, $21,020,000. Eglin Air Force Base, Florida, $11,750,000. Fort Stewart/Hunter Army Air Field, Georgia, $4,900,000. Norristown Army Reserve Center, Pennsylvania, $2,598,000. Dam Neck Marine Environmental Facility, Virginia, $9,160,000. Classified Location, $2,747,000.
STRATEGIC DEFENSE INITIATIVE ORGANIZATION
Barking Sands Pacific Missile Range, Hawaii, $3,870,000.

(b) OUTSIDE THE UNITED STATES.The Secretary of Defense may
acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States:
DEFENSE MEDICAL FACILITIES OFFICE
Rhein-Main Air Base, Germany, $870,000. Camp Casey, Korea, $1,000,000. Sinop, Turkey, $1,750,000.
DEFENSE NUCLEAR AGENCY
Johnston Island, $8,595,000.

NATIONAL SECURITY AGENCY
Classified Location, $2,375,000.

OFFICE OF THE SECRETARY OF DEFENSE
Classified Location, $7,800,000.

The Secretary of Defense may construct or acquire three family housing units (including land), using amounts appropriated pursuant to section 2405(aX13XA), at classified locations in the total amount not to exceed $400,000.
Subject to section 2825 of title 10, United States Code, the Secretary of Defense may, using amounts appropriated pursuant to section 2405(aX13XA), improve existing military family housing units in an amount not to exceed $100,000.
SEC. 2404. CONFORMING STORAGE FACILITIES
100 Stat. 4037.
Section 2404(a) of the Military Construction Authorization Act, 1987 (Public Law 99-661) is amended to read as follows: "(a) AUTHORITY.The Secretary of Defense may carry out military construction projects not otherwise authorized by law for
104 STAT. 1779
conforming storage facilities using funds appropriated for such purpose.".

SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES
(a) IN GENERAL.Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1990, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), in the total amount of $1,656,078,000 as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $275,448,000. (2) For military construction projects outside the United States authorized in section 2401(b), $22,390,000. (3) For military construction projects at Nellis Air Force Base, Nevada, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Years 1990 and 1991, $56,000,000. (4) For military construction projects at Fort Sill, Oklahoma, authorized by section 2401(a) of the Military Construction Authorization Act, 1989, $10,400,000. (5) For an energy conservation program, $30,000,000. (6) For military construction projects at Fort Sam Houston, Texas, authorized by section 2401(a) of the Military Construction Authorization Act, 1987, $50,000,000. (7) For military construction projects at Portsmouth Naval Hospital, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Years 1990 and 1991, $40,000,000. (8) For unspecified minor construction projects under section 2805 of title 10, United States Code, $14,955,000. (9) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000. (10) For architectural and engineering services and for construction design under section 2807 of title 10, United States Code, $104,285,000. (11) For base closure and realignment activities as authorized by the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), $1,016,500,000. (12) For conforming storage facilities constructed under the authority of section 2404 of the Military Construction Authorization Act, 1987, $5,000,000. (13) For military family housing functions: (A) For construction and acquisition of military family housing facilities, $500,000. (B) For support of military housing (including functions described in section 2833 of title 10, United States Code), $20,600,000, of which not more than $17,897,000 may be obligated or expended for the leasing of military family housing units worldwide.
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.Not-
withstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section 2401 may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).
104 STAT. 1780
PUBLIC LAW 101-510NOV, 5, 1990
SEC. 2406. MEDICAL FACILITY, NELLIS AIR FORCE BASE, NEVADA
(a) PROJECT AMOUNT.The item listed under the heading "Defense Medical Facilities Office" in section 2401 of the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189) is amended by striking out "Nellis Air Force Base, Nevada, $62,000,000." and inserting in lieu thereof "Nellis Air Force Base, Nevada, $66,000,000.". (b) TITLE TOTAL.Section 240503X3) of such Act is amended by striking out "$52,000,000" and inserting in lieu thereof "$56,000,000".
PROJECTS.Notwithstanding the provisions of section 2701(a) of the Military Construction Authorization Act, 1987 (division B of Public Law 99-661; 100 Stat. 4040), the authorizations for the following projects in section 2401(a) of that Act, shall remain in effect until October 1, 1991, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is later: (1) Road Improvements, in the amount of $4,370,000 at National Security Headquarters, Fort Meade, Maryland.
(b) ExTENSipN OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1989
PROJECTS.Notwithstanding the provisions of section 2701(a) of the Military Construction Authorization Act, 1989 (division B of Public Law 100-456; 102 Stat. 2115), authorizations for the following project authorized in section 2401 of that Act shall remain in effect until October 1,1991, or until the date of enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is later: Laboratory/Pharmacy Addition, Fort Leonard Wood, Missouri, $1,450,000. (2) Hospital Life Safety Upgrade, Corpus Christi Naval Air Station, Texas, $6,100,000. (3) Hospital Life Safety Upgrade, Dyess Air Force Base, Texas, $950,000. TITLE XXV~NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS
(a) I N GENERAL.The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Infrastructure program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. (b) SENSE OF CONGRESS.It is the sense of Congress that (1) funds made available for the North Atlantic Treaty Organization Infrastructure program should be used primarily for (A) verif3dng or implementing the terms of conventional arms control agreements;
" ^
'
104 STAT. 1781
(B) recoupment owed by the United States for projects completed before the date of the enactment of this Act; and (C) the completion of any construction project the construction of which began before October 1, 1990; and (2) the United States should work in consultation with the other countries of the North Atlantic Treaty Organization to restructure such program in such a manner that the funds provided to the program by the Secretary of Defense will be expended primarily for the purposes referred to in paragraph (1).
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1990, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Infrastructure program as authorized by section 2501, in the amount of $192,700,000.
SEC. 2503. STUDY AND REPORT BY THE SECRETARY OF DEFENSE
(a) IN GENERAL.(1) The Secretary of Defense shall conduct a study to determine the feasibility and desirability of permitting the North Atlantic Treaty Organization to utilize, for training and exercise purposes, military installations in the United States being closed by the Department of Defense under other provisions of law. (2) In carrying out such a study, the Secretary shall consider (A) the exact purposes for which such installations could be appropriately and effectively used by NATO; and (B) the manner in which NATO would pay for the use of such installations. (b) REPORT.The Secretary shall transmit, by not later than March 15, 1991, to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of the study required by subsection (a), together with such comments and recommendations as the Secretary considers appropriate. TITLE XXVIGUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS
There are authorized to be appropriated for fiscal years beginning after September 30, 1990, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 133 of title 10, United States Code (including the cost of acquisition of land for those facilities), the following amounts: (1) For the Department of the Army (A) for the Army National Guard of the United States, $297,544,000; and (B) for the Army Reserve, $76,126,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $80,307,000. (3) For the Department of the Air Force (A) for the Air National Guard of the United States, $172,340,000; and (B) for the Air Force Reserve, $37,700,000.
104 STAT. 1782
PUBLIC LAW 101-510NOV. 5, 1990 TITLE XXVIIEXPIRATION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS

(a) EXPIRATION OF AUTHORIZATIONS AFTER TWO YEARS.Except as
provided in subsection (b), all authorizations contained in titles XXI, XXII, XXIII, XXIV, and XXV for military construction projects, land acquisition, family housing projects and facilities, and contributions to the NATO Infrastructure program (and authorizations of appropriations therefor) shall expire on October 1, 1992, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1993, whichever is later. (b) EXCEPTION.The provisions of subsection (a) do not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the NATO Infrastructure program (and authorizations of appropriations therefor) for which appropriated funds have been obligated before October 1, 1992, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1993, whichever is later, for construction contracts, land acquisition, family housing projects and facilities, or contributions to the NATO Infrastructure program. TITLE XXVIIIGENERAL PROVISIONS
PART ACONSTRUCTION, LEASING, IMPROVEMENTS, DISPOSAL, AND UTILIZATION OF MILITARY INSTALLATIONS AND FACILITIES
SEC. 2801. DUAL BASING
(a) DEFINITION.In this section (1) the term "dual basing" means the stationing of units of the Armed Forces on a permanent basis at military installations inside the United States with rotating short-term assignments to military installations outside the United States for purposes of training, carrying out exercises, meeting obligations to other nations, or carrying out other international security responsibilities of the United States; and (2) the term "United States" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or possession of the United States. (b) SENSE OF CONGRESS.It is the sense of the Congress that dual basing has significant potential for being an effective and efficient method by which this Nation can reduce its defense spending and also meet its world-wide security responsibilities and assist in reducing tension and increasing stability internationally. (c) REPORT.The Secretary of Defense shall carry out a study of the manner in which dual basing could be implemented and shall transmit, by no later than March 15, 1991, to the Committees on Armed Services of the Senate and the House of Representatives a report containing a detailed description of how dual basing could be implemented, together with an assessment of the scheduling, costs, benefits, and difficulties involved in such an implementation as compared to the methods of basing military personnel used by the military departments on the date of the enactment of this Act.

SEC. 2802. LIMITATION ON CONSTRUCTION AT CROTONE, ITALY
104 STAT. 1783
(a) IN GENERAL.None of the funds available to the Department of Defense, including contributions for the North Atlantic Treaty Organization Infrastructure program pursuant to secticm 2806 of title 10, United States Code, may be obligated or expended (whether obligated before the date of enactment of this Act or not) in connection with relocating functions of the Department of Defense located at Torrejon Air Force Base, Madrid, Spain, on June 15, 1989, to Crotone, Italy, or any other location outside the United States until the Secretary of Defense makes the certification and files the information required in subsection (bX2). (b) CONSIDERATION AND CERTIFICATION.(1) Promptly after the President. date of enactment of this Act, the President shall notify the other member nations of the North Atlantic Treaty Organization that the United States seeks to have placed on the agenda of the next meeting of the North Atlantic Council of NATO the following questions: (A) In light of the changed threat to NATO, is the retention of the 401st Tactical Fighter Wing in the Southern Region of NATO necessary? (B) In light of the changes in Europe, is continuation of construction of a new airbase at Crotone, Italy, desirable? (C) Are there existing airbases in NATO, and particularly in the Southern Region of NATO, which could serve as an adequate base for the 401st Tactical Fighter Wing, rendering construction of a new base unnecessary? (D) Will the United States be authorized to use American aircraft based at Crotone, Italy, for military missions outside of the European theatre? (2) After the North Atlantic Council of NATO meets, considers the questions listed in paragraph (1), and passes a resolution endorsing continuation of construction of a new airbase at Crotone, Italy, the Secretary of Defense shall certify to the congressional defense committees that such has occurred and shall transmit, along with such certification, a copy of the resolution adopted by the North Atlantic Council and a summary of the debate concerning each of the questions contained in paragraph (1).
SEC. 2803. RESTRICTIONS ON LEASING IN THE NATIONAL CAPITAL REGION
(a) LIMITATION.(1)(A) Subject to paragraph (2), during the fiscal years specified in subparagraph (B), the Department of Defense (including all departments, agencies, and other instrumentalities thereof) may not enter into or amend any lease or other agreement (including leases entered into with any other Federal agency) for administrative space in the National Capital Region that would result in the Department leasing administrative space in excess of the maximum area specified for that fiscal year in subparagraph (B), unless the Secretary of Defense, in consultation with the Administrator of General Services, submits to the Congress, no later than April 15, 1991, a comprehensive plan addressing the long-term leased space needs of the Department of Defense in the National Capital Region. Such a plan shall be consistent with the force structure plan submitted under section 2903. (B) The maximum area referred to in subparagraph (A) is as follows: (i) During fiscal year 1991, the number of square feet being utilized in such Region for administrative space by such Depart-
104 STAT. 1784
ment on the date of enactment of this Act, other than such administrative space as is contained in the Pentagon Reservation. (ii) During fiscal year 1992, 90 percent of the number of square feet specified in clause (i). (iii) During fiscal year 1993, 80 percent of the number of square feet specified in clause (i). (2) Any administrative space temporarily leased for exclusive use by personnel of the Department displaced from administrative space in the Pentagon Reservation as a result of the renovation of facilities within such reservation shall not be included in computing the maximum limitations provided for in paragraph (1)(B). (3) The reduction of leased administrative space resulting from the implementation of this section shall be carried out in consultation with the Administrator of General Services. (b) PROHIBITION.After September 30, 1991, the Department of Defense may not use any space under any lease or other agreement in the area known as Buzzard's Point in Washington, D.C., including the facility located at 1900 Half Street, Southwest. (c) DEFINITIONS.As used in this section: (1) The term "administrative space" means property used for the operation of an office, for storage of office equipment or materials, or to support activities carried out in an office, including property with special architectural features, fixed equipment, or utilities (such as laboratories, dark rooms, automatic data processing areas, food service areas, and security vaults). (2) The term "National Capital Region" means the geographic area located within the boundaries of (A) the District of Columbia, (B) Montgomery and Prince Georges Counties in the State of Maryland, (C) Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia, and (D) all cities and other units of government within the geographic areas of such District, Counties, and City. (3) The term "Pentagon Reservation" has the same meaning given such term by section 2674(f)(1) of title 10, United States Code.
SEC. 2804. OPERATION AND CONTROL OF THE PENTAGON RESERVATION
(a) IN GENERAL.(1) Chapter 159 of title 10, United States Code, is amended by inserting after section 2673 the following new section: " 2674. Operation and control of the Pentagon Reservation "(a)(1) Jurisdiction, custody, and control over, and responsibility for, the operation, maintenance, and management of the Pentagon Reservation is transferred to the Secretary of Defense. "(2) Before March 1 of each year, the Secretary of Defense shall transmit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Public Works and Transportation of the House of Representatives a report on the state of the renovation of the Pentagon Reservation and a plan for the renovation work to be conducted in the fiscal year beginning in the year in which the report is transmitted. "(b) The Secretary may appoint military or civilian personnel or contract personnel to perform law enforcement and security functions for property occupied by, or under the jurisdiction, custody.
Reports.
104 STAT. 1785
and control of the Department of Defense, and located at the Pentagon Reservation. Such individuals "(1) may be armed with appropriate firearms required for personal safety and for the proper execution of their duties, whether on Department of Defense property or in travel status; and "(2) shall have the same powers as sheriffs and constables to enforce the laws, rules, or regulations enacted for the protection of persons and property. "(c)(1) The Secretary may prescribe such rules and regulations as the Secretary considers appropriate to ensure the safe, efficient, and secure operation of the Pentagon Reservation, including rules and regulations necessary to govern the operation and parking of motor vehicles on the Pentagon Reservation. "(2) Any person who violates a rule or regulation prescribed under this subsection is liable to the United States for a civil penalty of not more than $1,000. "(3) Any person who willfully violates any rule or regulation prescribed pursuant to this subsection commits a Class B misdeameanor. "(d) The Secretary of Defense may establish rates and collect charges for space, services, protection, maintenance, construction, repairs, alterations, or facilities provided at the Pentagon Reservation. "(e)(1) There is established in the Treasury of the United States a revolving fund to be known as the Pentagon Reservation Maintenance Revolving Fund (hereafter in this section referred to as the 'Fund'). There shall be deposited into the Fund funds collected by the Secretary for space and services and other items provided an organization or entity using any facility or land on the Pentagon Reservation pursuant to subsection (d). "(2) Monies deposited into the Fund shall be available, without fiscal year limitation, for expenditure for real property management, operation, protection, construction, repair, alteration and related activities for the Pentagon Reservation. "(f) In this section: "(1) The term 'Pentagon Reservation' means that area of land (consisting of approximately 280 acres) and improvements thereon, located in Arlington, Virginia, on which the Pentagon Office Building, Federal Building Number 2, the Pentagon heating and sewage treatment plants, and other related facilities are located, including various areas designated for the parking of vehicles. "(2) The term 'National Capital Region' means the geographic area located within the boundaries of (A) the District of Columbia, (B) Montgomery and Prince Georges Counties in the State of Maryland, (C) Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia, and (D) all cities and other units of government within the geographic areas of such District, Counties, and City.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2673 the following new item:
"2674. Operation and control of the Pentagon Reservation.".
104 STAT. 1786
(b) TRANSFER OF FUNDS FC FISCAL YEAR 1991.For fiscal year 1991, the Secretary of Defense may transfer into the Pentagon Reservation Maintenance Revolving Fund (established by section 2674(e) of title 10, United States Code), frcrni funds appropriated to the military departments and the Defense Agencies, amounts equal to the amounts that would otherwise be paid by the military departments and the Defense Agencies to the General Services Administration for the use of the Pentagon Reservation.
SEC. 2805. REVENUE FROM TRANSFER OR DISPOSAL OF DEPARTMENT OF DEFENSE REAL PROPERTY
Section 204 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485) is amended (1) in subsection (a), by striking out "subsections (b), (c), (d), and (e)" and inserting in lieu thereof "subsections (b), (c), (d), (e), and (h)"; (2) in subsection (b), by striking out "All the proceeds" in the first sentence and inserting in lieu thereof "Except as provided in subsection (h), all the proceeds"; and (3) by adding at the end thereof the following new subsection: "(hXl) If the Secretary of a military department determines that real properjty, and improvements thereon, under the control of that department (other than property at a military installation designated for closure or realignment) is excess to the needs of that department, the Secretary of Defense shall provide that the property be made available for transfer without reimbursement to the other military departments within the Department of Defense. If the property is not transferred to another military department, the Secretary of the military department concerned shall request the Administrator to transfer or dispose of such property in accordance with the provisions of this Act, section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)), or other applicable law. "(2) The Administrator shall deposit any proceeds (less expenses of transferring or disposing of the property as provided in subsection (b)) in a special account in the Treasury of the United States. The amount deposited in such account with respect to the transfer or disposal of any such property shall be available, to the extent provided in appropriation Acts, as follows: "(A) 50 percent of such amount shall be available for facility maintenance and repair or environmental restoration at the military installation where the property is located. "(B) 50 percent of such amount shall be available for facility maintenance and repair and for environmental restoration by the military department that had jurisdiction over the property before it was disposed of or transferred. "(3) As part of the annual request for authorizations of appropriations to the Committees on Armed Services of the Senate and of the House of Representatives, the Secretary of Defense shall include an accounting of each transfer and disposal made in accordance with this subsection during the fiscal year preceding the fiscal year in which the request is made, including a detailed explanation of each such transfer and disposal and of the use of the proceeds received from it by the Department of Defense. "(4) For purposes of this subsection, the term 'military installation' shall have the meaning given that term in section 2687(e)(1) of title 10, United States Code.".
104 STAT. 1787
SEC. 2806. REVENUE FROM LEASING OUT DEPARTMENT OF DEFENSE ASSETS Section 2667(d) of title 10, United States Code, is amended (1) by redesignating paragraph (2) as paragraph (4); and (2) by striking out paragraph (1) and inserting in lieu thereof the following: "(1)(A) All money rentals received pursuant to leases entered into by the Secretary of a military department under this section shall be deposited in a special account in the Treasury established for such military department, except "(i) amounts paid for utilities and services furnished lessees by the Secretary; and "(ii) money rentals referred to in paragraph (4). "(B) Sums deposited in a military department's special account pursuant to subparagraph (A) shall be available to such military department, as provided in appropriation Acts, as follows: "(i) 50 percent of such amount shall be available for facility maintenance and repair or environmental restoration at the military installation where the leased property is located. "(ii) 50 percent of such amount shall be available for facility maintenance and repair and for environmental restoration by the military department concerned. "(2) Payments for utilities and services furnished lessees pursuant to leases entered into under this section shall be credited to the appropriation account from which the cost of furnishing the utilities and services was paid. "(3)(A) As part of the request for authorizations of appropriations for fiscal year 1992 to the Committees on Armed Services of the Senate and of the House of Representatives, the Secretary of Defense shall include an explanation of each lease from which money rentals will be received and deposited under this subsection during fiscal year 1991, together with an estimate of the amount to be received from each such lease and an explanation of the anticipated expenditures of such receipts. "(B) As part of the request for authorizations of appropriations to such Committees for each fiscal year after fiscal year 1992, the Secretary of Defense shall include "(i) an accounting of the receipt and use of all money rentals that were deposited and expended under this subsection during the fiscal year preceding the fiscal year in which the request is made; and "(ii) a detailed explanation of each lease entered into, and of each amendment made to existing leases, during such preceding fiscal year.".
SEC. 2807. SENSE OF CONGRESS CONCERNING A MILITARY CONSTRUCTION MORATORIUM
It is the sense of the Congress that the Secretary of Defense should not issue an order during calendar year 1991 that prohibits, totally or generally, the military departments from entering into contracts for authorized military construction projects inside the United States or from exercising options under existing contracts for such projects.
104 STAT. 1788

PART BMILITARY CONSTRUCTION PROGRAM CHANGES
SEC. 2811. ONE-YEAR EXTENSION OF GUARANTEE PROGRAM
MILITARY
HOUSING RENTAL
(a) IN GENERAL.Section 802(h) of the MiHtary Construction Authorization Act, 1984 (10 U.S.C. 2821 note), is amended by striking out "1990" and inserting in lieu thereof "1991". (b) LIMITATION.Section 802 of such Act is amended by adding at the end the following new subsection: "(i) Not more than six agreements may be entered into under this section during fiscal year 1991.". SEC. 2812. FAMILY HOUSING IMPROVEMENT THRESHOLD Section 2825(b)(1) of title 10, United States Code, is amended (1) in clause (A), by striking out "$40,000" and inserting in lieu thereof "$50,000"; and (2) by adding at the end the following sentence: "The Secretary concerned may waive the limitations contained in the preceding sentence if (i) such Secretary determines that, considering the useful life of the structure to be improved and the useful life of a newly constructed unit and the cost of construction and of operation and maintenance of each kind of unit over its useful life, the improvement will be cost-effective, and (ii) a period of 21 days elapses after the date on which the Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives receive a notice from such Secretary of the proposed waiver, together with an economic analysis demonstrating that the improvement will be cost effective.".
PART CLAND TRANSACTIONS SEC. 2821. LAND CONVEYANCE, REDSTONE ARSENAL, ALABAMA
(a) IN GENERAL.Subject to subsections (b) through (e), the Secretary of the Army may convey to the Solid Weiste Disposal Authority of the City of Huntsville, Alabama, all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 20 acres, including improvements thereon, at the Redstone Arsenal, Alabama, that, on the date of the enactment of this Act, is leased to such Authority pursuant to Department of the Army lease DACA 01-1-87-225, dated December 14,1987. (b) CONSIDERATION.In consideration for the conveyance specified in subsection (a), the Authority shall be required to provide to the Secretary, in accordance with requirements determined by the Secretary to be in the best interests of the United States (1) evidence that it has constructed on such real property, and is commercially operating, a refuse fired steam plant for the disposal of municipal solid waste; (2) an executed agreement obligating the Authority to accept from the United States up to 50 tons per day of acceptable waste for processing, without reimbursement, at such site; (3) an agreement indemnifying the United States from any liability with respect to the construction and operation of any waste disposal facility on the property; and
104 STAT. 1789
(4) an agreement obligating the Authority with respect to furnishing steam and electricity to the Department of the Army at such site. (c) RESERVATIONS.The deed of conveyance shall (1) reserve to the United States all mineral rights in the real property conveyed; (2) reserve to the United States an easement for the maintenance and operation of ground water monitoring equipment located in the southeast corner of the parcel of real property and an easement for ingress and egress to the equipment; (3) incorporate the easement granted by the Secretary of the Army to the city of Huntsville, Alabama, contained in the Road or Street Easement Numbered DACA 01-2-68-4, dated November 7, 1967, and recorded in Deed Book 458, pages 356-358, Probate Records, Madison County, Alabama; and (4) be subject to any leases to which the real property conveyed under subsection (a) is subject at the time of the conveyance. (d) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the property to be conveyed pursuant to this section shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Authority.
(e) ADDITIONAL TERMS AND CONDITIONS.The Secretary may re-
quire such additional terms and conditions in connection with the conveyance under this section as the Secretary determines appropriate to protect the interests of the United States.
SEC. 2822. RELEASE AND CONVEYANCE, RESERVE CENTER AT LITTLE ROCK, ARKANSAS
(a) I N GENERAL.Subject to subsections Ob) and (c), the Secretary of the Army shall (1) release to the University of Arkansas, without consideration, all right, title, and interest of the United States in and to approximately 2.66 acres of land in Palaski County, Arkansas, leased by the United States from the University of Arkansas pursuant to Department of Army lease No. DA-34-066, dated March 31,1950; and (2) convey to the University of Arkansas, without consideration, all right, title, and interest of the United States in and to all improvements constructed on the land referred to in paragraph (1).
(b) CONDITIONS OF RELEASE AND CONVEYANCE.The release and
conveyance referred to in subsection (a) shall be subject to the condition that (1) the University of Arkansas accept responsibility for all costs related to removing or abating the hazard posed by asbestos contained in any of the improvements conveyed pursuant to subsection (aX2); and (2) the University of Arkansas agree to indemnify the United States against any liability for the presence of any asbestos or asbestos-containing material in any of the improvements referred to in subsection (aX2).
(c) ADDITIONAL TERMS AND CONDITIONS.The Secretary may re-
quire such additional terms and conditions in connection with the release and conveyance under this section as the Secretary determines appropriate to protect the interests of the United States.
104 STAT. 1790
SEC. 2823. LAND CONVEYANCE, NAVAL WEAPONS STATION, CONCORD, CALIFORNIA
(a) IN GENERAL.Subject to subsections (b) through (e), the Secretary of the Navy may sell and convey to the San Francisco Bay Area Rapid Transit District (hereafter in this section referred to as "BART") all right, title and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 40 acres comprising a portion of the Naval Weapons Station, Concord, California. (b) CONSIDERATION.(1) In consideration for the conveyance authorized in subsection (a), BART shall be required to (A) pay to the United States an amount equal to not less than the fair market value of the property to be conveyed under subsection (a), as determined by the Secretary; (B) pay for the cost of relocating certain railroad tracks located on such property; (C) pay for the cost of relocating the existing security fence to conform with the new boundaries of the Naval Weapons Station after such conveyance; and (D) pay for the costs of appraisals and other costs related to the sale and conveyance of property under this section. (2) Costs incurred by BART in connection with the relocations referred to in subparagraphs (B) and (C) of paragraph (1) and for the costs referred to in subparagraph (D) of such paragraph may not be considered as any part of the fair market value of the property referred to in subsection (a). (c) USE OF PROCEEDS.The Secretary shall deposit proceeds received from the sale of property authorized by this section in the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). (d) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by BART.
quire such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2824. LEASE AT HUNTERS POINT NAVAL SHIPYARD, SAN FRANCISCO, CALIFORNIA
(a) IN GENERAL.(1) The Secretary of the Navy shall, within one year after the date of the enactment of this Act, lease to the City of San Francisco, California, at fair market value and for at least 30 years, not less than 260 acres, including any improvements thereon, of the area known eis the Hunters Point Naval Shipyard, San Francisco, California. (2) In carrying out paragraph (1), the Secretary shall (A) determine the location of the property to be leased; (B) provide that the property leased shall be used by the City subject to such terms and conditions as the Secretary determines appropriate to protect the interests of the United States; and (C) take steps to minimize the disruption and displacement of tenants on Hunters Point to the maximum extent practicable.
104 STAT. 1791
(b) REPORT.The Secretary shall transmit, by no later than February 1, 1991, to the Committees on Armed Services of the Senate and of the House of Representatives a report of the status of the negotiations carried out for the purpose of entering into a lease under subsection (a).
SEC. 2825. TRANSFER OF LANDS, PINON CANYON, COLORADO
(a) TRANSFER.Notwithstanding any other provision of law and subject to subsections (b) through (d), the Secretary of the Army shall transfer administrative jurisdiction of approximately 16,707 acres of land at the Pinon Canyon Maneuver Site, Colorado, consisting of all parcels of land identified by the Secretary of the Army as uneconomic remnant lands, to the Secretary of Agriculture for inclusion in the Comanche National Grassland. The Secretary of Agriculture shall administer the transferred lands in accordance with laws applicable to the National Forest system. (b) DESCRIPTION OF THE PROPERTY.(1) The exact acreage and legal description of the property to be transferred under this section shall be determined by surveys satisfactory to the Secretary of the Army and the Secretary of Agriculture. (2) The Secretary of Agriculture, with the concurrence of the Secretary of the Army, shall prepare a map of the lands to be conveyed. Such lands shall be known as the Picket Wire Canyonlsmds (hereafter in this section referred to as the "PWC"). (3) The legal description and map referred to in paragraphs (1) and (2) shall be kept on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. (c) ADMINISTRATION OF LANDS.(1) The Secretary of Agriculture shall administer the transferred lands so as to conserve and protect the paleontological, archaeological, wildlife, vegetative, aquatic, and other natural resources of the area. (2) The management provisions of this section shall apply only to those parcels of the transferred lands comprising approximately 11,507 acres in the Purgatoire River Canyon. (3) The Secretary of Agriculture may permit access to the PWC for the purpose of permitting scholarly research, interpretation to the public, and recreational activities to the extent that such access does not (A) impair (as determined by the Secretary of the Army) the use of the Pinon Canyon Maneuver Site for the purposes for which the area is intended to be used by the Army; or (B) impair the conservation and protection of paleontological, archaeological, or natural resources of the area. (4) The Secretary of Agriculture may permit livestock grazing in the PWC only to the extent that the Secretary determines necessary to benefit the natural resources of the area. (5) Lands of the PWC are withdrawn from operation of the mining, mineral leasing, and other mineral entry laws of the United States. (6) No activity shall be permitted in the PWC that would impair (as determined by the Secretary of the Army) the use of the Pinon Canyon Maneuver Site for the purposes for which the site is intended to be used by the Army or the conservation and protection of the paleontological, archaeological, and natural resources of the area, including production of or exploration for oil, gas, or minerals of any kind.
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(7) Lands to be transferred may not be used for the storage or processing of nuclear waste, other hazardous waste, or any other waste. (8) The Secretary of Agriculture, in consultation with the Director of the National Park Service, the Director of United States Fish and Wildlife Service, the Secretary of the Army, the head of the Colorado Department of Natural Resources, and the head of the Colorado State Historic Preservation Office, shall, after notice and opportunity for public comment, develop a management plan for the PWC that includes (A) a complete survey and an inventory of the paleontological and archaeological resources of the area; and (B) a strategy for protecting and conserving the dinosaur track way in the Purgatoire River Canyon and other paleontological and archaeological resources in the PWC. (d) INTERAGENCY AGREEMENT.(1) When the lands referred to in subsection (a) are transferred, the Secretary of the Army and the Secretary of Agriculture shall enter into an interagency agreement providing for (A) access to the PWC through the Pinon Canyon Maneuver Site for the Secretary of Agriculture (for the purpose of taking action to conserve and protect the area's resources) and the public (for educational purposes) in such manner, at such times, and to such an extent as will not interfere (as determined by the Secretary of the Army) with the Army's use of the site; and (B) cooperation between the Army and the Forest Service in the protlction and conservation of the paleontological, archaeological, and natural resources in the PWC. (2) In determining whether the manner, time, and extent of access through the Pinon Canyon Maneuver Site for a particular purpose will constitute interference with the Army's use of the site for the purpose of paragraph (1)(B), the Secretary of the Army shall (A) with respect to access by the Secretary of Agriculture for management purposes, take into consideration that the high importance of protecting and conserving the resources of the PWC may justify the imposition of some inconvenience to the Army, so long as the inconvenience does not prevent the Army from accomplishing its purposes on the Pinon Canyon Maneuver Site; and (B) with respect to access by the public, take into consideration comments solicited from the public by the Secretary of Agriculture concerning the need for and the kind of access that should be provided. (e) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated to the Department of Agriculture such sums as are necessary to carry out this section, including such sums as are necessary to pay for (1) a study of the paleontological resources of the PWC and action to prevent erosion of the dinosaur track way; (2) a complete cadastral survey of the PWC; and (3) an archaeological, paleontological, and historical survey of the PWC.
SEC. 2826. LAND CONVEYANCE, CAPE HENLOPEN, DELAWARE
(a) IN GENERAL.(1) Subject to subsections (b) through (e), the Secretary of the Army shall convey, not later than one year after the date of the enactment of this Act, to the State of Delaware all
104 STAT. 1793
right, title, and interest of the United States in and to a parcel of real property located at Cape Henlopen, in Sussex County, Delaware, consisting of approximately 96 acres and known as the Fort Meade Recreation Area. (2) The conveyance made pursuant to this section shall be without consideration except that required by subsection (b). (b) CONDITIONS OF CONVEYANCE.The conveyance authorized by this section shall be subject to the following conditions: (1) The State of Delaware shall indemnify the United States against all liability in connection with any hazardous materials, substances, or conditions which may be found on the property to be conveyed pursuant to this section. (2) The State of Delaware shall permit members of the Armed Forces of the United States serving on active duty, their spouses, and their dependents to purchase each year, for a price not greater than the price charged residents of the State of Delaware, an annual pass to all Delaware State parks. (3) The State of Delaware shall pay to the Secretary for credit to the Army Morale, Welfare, and Recreation Fund, the sum of $14,369, to reimburse the fund for sums expended to improve the property. (c) USE OF PROPERTY; REVERSION.(1) The real property conveyed pursuant to this section may be used by the State of Delaware only for public park or recreational purposes. (2) If the Secretary of the Interior determines at any time that the real property conveyed pursuant to this section is not being used for a purpose specified in paragraph (1), all right, title, and interest in and to such real property shall revert to the United States and the United States shall have the right of immediate entry thereon. (d) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the real property to be conveyed pursuant to this section shall be determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by the State of Delaware.
quire such additional terms and conditions in connection with the conveyance pursuant to this section as the Secretary determines appropriate to protect the interests of the United States.
SEC. 2827. LAND CONVEYANCE, EGLIN AIR FORCE BASE, FLORIDA
(a) IN GENERAL.Subject to subsections (b) through (f), the Secretary of the Air Force may convey to the City of Valparaiso, Florida, all right, title, and interest of the United States in and to approximately 3.5 acres of real property, including improvements thereon, located on Eglin Air Force Base, Florida.
(b) CONSIDERATION AND USE OF PROCEEDS.(1) In consideration for
the conveyance authorized by subsection (a), the City of Valparaiso, Florida, shall pay to the United States an amount equal to the fair market value of the property to be conveyed, as determined by the Secretary. (2) The Secretary shall deposit proceeds received from the sale of property authorized by this section in the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). (c) CONDITION OF CONVEYANCE.The conveyance authorized by subsection (a) shall be subject to the condition that the real property
104 STAT. 1794
so conveyed shall be used by the City of Valparaiso, Florida, as a public cemetery. (d) REVERSION.If the Secretary determines at any time that the property conveyed pursuant to this section is not being used for the purpose specified in subsection (c), all right, title, and interest in and to the property, including improvements thereon, shall revert to the United States and the United States shall have the right of immediate reentry thereon. (e) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by the City of Valparaiso, Florida.
(f) ADDITIONAL TERMS AND CONDITIONS.The Secretary may re-
SEC. 2828. LAND CONVEYANCE, NAVAL AIR STATION, CECIL FIELD, JACKSONVILLE, FLORIDA.
(a) IN GENERAL.(1) Subject to paragraphs (2) and (3) and subsection (c), the Secretary of the Navy may sell the real property and improvements owned by the United States in Duval County, Florida, comprising the Outlying Landing Field, Whitehouse. (2) Such a sale may be carried out only after a fully operational replacement field has been completed, using not more than $500,000 of the funds appropriated pursuant to section 2205(a)(5) of this Act and other funds authorized and appropriated for that purpose. (3) The sale of such property shall be by competitive procedures and at not less than the fair market value of the property (as determined by the Secretary). (b) USE OF PROCEEDS.The Secretary may use the proceeds from the sale authorized in subsection (a) to (1) acquire sufficient interests in additional land around the replacement facility to provide a safety and noise buffer zone necessary for the continued operation of the facility; and (2) pay expenses related to the sale of property authorized by subsection (a). (c) RESTRICTIONS ON SALE.The Secretary shall not proceed with the sale authorized by subsection (a) unless the conditions of the sale are restricted to non-aviation use.
SEC. 2829. LAND EXCHANGE, FORT BENNING, GEORGIA
(a) AUTHORITY TO CONVEY.Subject to subsections Qo), (c), and (d), the Secretary of the Army may convey to the City of Columbus, Georgia, all right, title, and interest of the United States in and to a tract of real property, including improvements thereon, consisting of approximately 3,000 acres and comprising a portion of Fort Benning, Georgia.
(b) CONSIDERATION AND USE OF PROCEEDS.(1) In consideration for
the conveyance by the Secretary under subsection (a), the City of Columbus shall be required to convey to the United States approximately 3,300 acres of real property located adjacent to the southern boundary of Fort Benning. (2) If the fair market value of the land conveyed by the Secretary under subsection (a) exceeds the fair market value of the land conveyed to the United States, as determined by the Secretary, the City of Columbus shall pay an amount equal to the difference to the
104 STAT. 1795
United States. The Secretary shall deposit any such amount into the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). (c) LEGAL DESCRIPTION OF LANDS.The exact acreages and legal descriptions of the lands to be conveyed under this section shall be determined by surveys satisfactory to the Secretary. The cost of the surveys shall be borne by the City.
(d) ADDITIONAL TERMS AND CONDITIONS.The Secretary may re-
quire such additional terms and conditions in connection with the transactions authorized by this section as the Secretary determines appropriate to protect the interests of the United States.
SEC. 2830. LAND CONVEYANCE, ROBINS AIR FORCE BASE, GEORGIA
(a) IN GENERAL.Subject to subsections (b) through (e), the Secretary of the Air Force may sell and convey all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of a total of approximately 70 acres, and comprising a portion of Robins Air Force Base, Georgia.
(b) COMPETITIVE BID REQUIREMENT, MINIMUM SALE PRICE.(1) The
Secretary shall use competitive procedures for the sale of property referred to in subsection (a). (2) In no event may any of the property referred to in subsection (a) be sold for an amount less than the fair market value, as determined by the Secretary. (c) USE OF PROCEEDS.The Secretary shall deposit proceeds received from the sale of property authorized by this section in the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). (d) LEGAL DESCRIPTION OF PROPERTY.The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey that is satisfactory to the Secretary. The cost of such survey shall be borne by the purchaser.
quire such additional terms and conditions in connection with any transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2831. LAND CONVEYANCE, DILLINGHAM MILITARY RESERVATION, HAWAII
(a) IN GENERAL.Subject to subsections (b), (c), and (d), the Secretary of the Army shall convey to the State of Hawaii, without consideration, all right, title, and interest of the United States in and to a parcel of land, together with improvements thereon, consisting of approximately 87 acres, that comprises a portion of Dillingham Military Reservation at Mokuleia, Hawaii, and which was previously ceded, without consideration, to the United States by the State of Hawaii for use by the Armed Forces of the United States. (b) CONDITION.The conveyance authorized by subsection (a) shall be made on condition that the State of Hawaii enter into an agreement with the Secretary of the Army that is acceptable to the Secretary and provides for joint civilian and military use of the property as an airfield by the State of Hawaii and the Army. (c) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the property referred to in subsection (a) shall be
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determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the State of Hawaii.
SEC. 2832. LAND CONVEYANCE, SOUTH BEND, INDIANA
(a) I N GENERAL.Subject to subsections (b) through (f), the Secretary of the Army shall convey to the Civic Foundation, Incorporated, a not-for-profit corporation organized and operating pursuant to the laws of the State of Indiana, or the City of South Bend, Indiana, or to both, all right, title, and interest of the United States in and to real property aggregating approximately 4.15 acres, including improvements thereon, located at 1733 East Northside Boulevard, South Bend, Indiana, and known as the Northside Army Reserve Training Center. (b) CONSIDERATION.(1) In consideration for the conveyance made under subsection (a), the Civic Foundation or the City, as the case may be, shall, in accordance with the agreement required by subsection (c), be required to (A) convey to the United States all right, title, and interest in and to a parcel of real property of approximately eight acres, together with improvements thereon, located at 2402 Rose Street, South Bend, Indiana, and known as the Maple Lane School; (B) repair and rehabilitate the Maple Lane School in accordance with plans and specifications approved by the Secretary; (C) construct an access driveway to the Maple Lane School property from Ironwood Drive; and (D) design to Department of the Army standards and construct additional improvements on the Maple Lane School property in accordance with the requirements, and subject to the approval, of the Secretary. (2) The cost of the repair, rehabilitation, construction work, and other improvements carried out under subparagraphs (B), (C), and (D) of paragraph (1) (including but not limited to the cost of any and all architectural, engineering design, environmental assessment and remediation, construction financing, and all legal and inspection fees for the additional improvements) shall be paid as follows: (A) The Civic Foundation or the City, or both, shall pay a total of $500,000. Any funds expended by the Civic Foundation or the City pursuant to obligations under paragraph (1) before the execution of the agreement required by subsection (c) shall be considered as part of this payment. (B) After payment by the Civic Foundation or the City, or both, as provided in subparagraph (A), the Secretary of the Army shall pay any remaining amount necessary to complete the work described in subparagraphs (B), (C), and (D) of paragraph (1), out of funds available for such purpose. (3) The amount of $397,000 is hereby authorized to be appropriated to pay for the design and construction of improvements authorized by paragraph (1)(D). (c) AGREEMENT.In order to implement this section, the Secretary shall enter into an agreement with the Civic Foundation or the City, or both.
104 STAT. 1797
(d) OCCUPANCY.The Department of the Army shall vacate the Northside Army Reserve Training Center upon beneficial occupancy of Maple Lane School. (e) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the properties to be conveyed under this section shall be determined by surveys acceptable to the Secretary. The cost of such survey shall be borne by Civic Foundation, Incorporated, or by the City of South Bend, or both.
(f) ADDITIONAL TERMS AND CONDITIONS.The Secretary may re-
quire such additional terms and conditions as the Secretary considers appropriate to carry out the provisions of this section and to protect the interests of the United States.
SEC. 2833. LAND EXCHANGE, LEXINGTON PARK, MARYLAND
(a) I N GENERAL.Subject to subsections (b) through (d), the Secretary of the Navy may convey to the County of St. Mary's, Maryland, all right, title, and interest of the United States in and to approximately 32 acres of unimproved real property consisting of two severable parcels at the Naval Air Test Center, Patuxent River, Maryland. (b) CONSIDERATION.In consideration for the conveyance authorized by subsection (a), the County shall be required to convey to the United States approximately 7.2 acres of real property, including improvements thereon, known as the former Frank Knox Elementary School, Lexington Park, Maryland. (c) PAYMENT OF EXCESS INTO SPECIAL ACCOUNT.If the fair market value of the land and improvements conveyed by the Secretary under subsection (a) exceeds the fair market value of the land conveyed to the United States by the County, the County shall pay an amount equal to the difference to the United States, and the Secretary shall deposit such amount into the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)). (d) DESCRIPTION OF PROPERTY.The exact acreage and legal description of any property to be conveyed or received under this section shall be determined by surveys satisfactory to the Secretary. The cost of such survey shall be borne by the County.
quire such additional terms and conditions in connection with the conveyance under this section is the Secretary determines appropriate to protect the interests of the United States.
SEC. 2834. LAND EXCHANGE AT MARINE CORPS FINANCE CENTER, KANSAS CITY, MISSOURI
(a) AUTHORITY TO CONVEY.Subject to subsections (b) through (e), the Secretary of the Navy may convey to the City of Kansas City, Missouri, all right, title, and interest of the United States in and to a parcel of land consisting of approximately 12 acres located near the family housing area of the Marine Corps Finance Center, Kansas City, Missouri, together with the improvements on such land. (b) CONSIDERATION.In consideration for the conveyance by the Secretary under subsection (a), the City of Kansas City shall convey to the United States approximately 10 acres of land adjacent to the family housing area of the Marine Corps Finance Center, Kansas City, Missouri. (c) PAYMENT OF EXCESS INTO SPECIAL ACCOUNT.If the fair market value of the land and improvements conveyed by the Secretary
104 STAT. 1798
under subsection (a) exceeds the fair market value of the land conveyed to the United States by the City of Kansas City, the City shall pay an amount equal to the difference to the United States, and the Secretary shall deposit such amount into the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). (d) LEGAL DESCRIPTION OF LANDS.The exact acreages and legal descriptions of the lands to be conveyed under this section shall be determined by surveys satisfactory to the Secretary. The cost of the surveys shall be borne by the City of Kansas City.
quire such additional terms and conditions in connection with the transactions authorized by this section as the Secretary determines appropriate to protect the interests of the United States.
SEC. 2835. EXCHANGE OF INTERESTS, CAMP WITHYCOMBE, OREGON
Real property acquisition.
(a) RELEASE OF REVERSIONARY INTEREST.Subject to subsections (b) through (d), the Secretary of the Army may release to the State of Oregon the reversionary interest of the United States in and to two parcels of real property totaling approximately 160 acres, including improvements thereon, at Camp Withycombe, Clackamas County, Oregon, that were conveyed by the United States to the State of Oregon by a quitclaim deed dated November 9, 1956. Qj) CONSIDERATION.(1) In Consideration for the release under subsection (a), the State of Oregon shall be required to convey to the United States a contingent interest, described in paragraph (2), in approximately 166 acres of real property, including improvements thereon, comprising Camp Rilea, Clatsop County, Oregon. (2) The contingent interest referred to in paragraph (1) is an interest that provides that (A) in the event that Camp Rilea ceases to be used by the State of Oregon for military purposes, title to such property, including improvements thereon, shall immediately vest in the United States without payment of consideration and the United States shall have the immediate right to enter thereon; and (B) in the event of a war declared by Congress or a national emergency declared by Congress or the President, and upon a determination by the Secretary of Defense that any of such property is needed for military purposes, the United States shall have the right, without payment of consideration, to enter the property and use the property or any part thereof, including any improvements thereon, for such p)eriod as the Secretary determines necessary, but in no event for any period that extends beyond 180 days after the end of such war or national emergency. (c) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the parcels of real property from which the reversionary interest referred to in subsection (a) is to be released, and the exact acreage and legal description of the property in which the contingent interest is to be conveyed to the United States under subsection (b), shall be determined by surveys satisfactory to the Secretary of the Army. The cost of such surveys shall be borne by the State.
quire such additional terms and conditions in connection with the release of the reversionary interest under subsection (a) and the conveyance of the contingent interest under subsection (b) as the
104 STAT. 1799
Secretary determines appropriate to protect the interests of the United States.

SEC. 2836. CONVEYANCE OF FORT DOUGLAS, UTAH
(a) CONVEYANCE.(1) Except as provided in paragraphs (2), (3), and (4), and subject to subsections (b) through (g), the Secretary of the Army shall convey to the University of Utah sill right, title, and interest of the United States in and to the land comprising Fort Douglas, Utah, together with improvements thereon. (2) The Secretary shall except from the land conveyed under paragraph (1) such land, not in excess of 64 acres, and improvements thereon as may be necessary for the Army to continue conducting Army Reserve activities at the Fort Douglas location. (3) The Secretary shall also except from the land conveyed under paragraph (1) the land at Fort Douglas constituting the Fort Douglas Post Cemetery, consisting of approximately four acres. (4) In connection with the land retained for Army Reserve activities and the land constituting the Army Post Cemetery, the Secretary shall reserve to the United States in the land conveyed such rights-of-way and other easements as may be necessary for ingress to and egress from the land retained. (b) CONSIDERATION.(1) The conveyance under subsection (a) shall be made only on the condition that the State of Utah and the University of Utah waive any entitlements that have not been exercised on behalf of the University of Utah before the date of the enactment of this section and that may be due to the State of Utah or the University of Utah on behalf of the University of Utah under (A) section 3 of the Act entitled "An Act to establish the office of Surveyor-General of Utah, and to grant Land for School and University Purposes", approved February 21,1855 (10 Stat. 611); and (B) sections 8 and 12 of the Act entitled "An Act to enable the people of Utah to form a constitution and State government, and to be admitted into the Union on equal footing with the original States", approved July 16,1894 (28 Stat. 110). (2) The waiver referred to in paragraph (1) shall be executed in such manner as the Secretary of the Army, after consultation with the Attorney General of the United States, determines necessary to effectively waive any unexercised entitlements under those laws. (c) CONDITION.(1) The conveyance provided for in subsection (a) may be made only on condition that (A) the State of Utah agree to maintain and operate, as provided in paragraph (2), the Army museum located on the land conveyed to the University of Utah pursuant to this section; and (B) the University of Utah agree (i) to maintain and operate, as provided in paragraph (2), the Army chapel and other historical buildings located on the land referred to in subparagraph (A); and (ii) to preserve and maintain, as provided in parsigraph (2), the parade grounds that are a part of the land referred to in subparagraph (A). (2) The Army museum. Army chapel, and other historical build- Historic ings referred to in paragraph (1) shall be maintained md operated, preservation. and the parade grounds referred to in that paragraph shall be preserved and maintained, in a manner consistent with Federsd
104 STAT. 1800
laws and regulations pertaining to the preservation of historical sites, buildings, and monuments, as specified by the Secretary of the Interior. (d) REVERSIONARY RIGHT.If the University of Utah uses the land conveyed pursuant to subsection (a) for a purpose other than educational or research purposes, all right, title, and interest in and to such land shall automatically revert to the United States and the United States shall have the right of immediate entry thereon. (e) DEADLINE FOR CONVEYANCE.The conveyance under subsection (a) shall be made not later than one year after the date of the enactment of this section. (f) JOINT USE OF UTILITY SYSTEMS.The Secretary may enter into an agreement with the University of Utah under which the Army and the University would (1) jointly use the existing utility systems located at Fort Douglas at the time of the conveyance provided for under subsection (a); (2) equitably share the cost of maintaining, operating, and replacing (as necessary) the systems; and (3) pay on a pro rata basis for the utilities consumed by each of the parties.
(g) ADDITIONAL TERMS AND CONDITIONS.The Secretary may re-
quire such additional terms and conditions in connection with the conveyance provided for under subsection (a) as the Secretary considers necessary to protect the interests of the United States. (h) ADDITIONAL EXCESS LAND.In the event that any lands constituting Fort Douglas, Utah, that are not conveyed pursuant to subsection (a) are declared excess to the needs of the Army after the date of the conveyance provided for in that subsection, the Secretary shall convey such lands to the University of Utah. Any lands conveyed pursuant to this subsection shall be conveyed subject to a reversionary clause in favor of the United States as provided in subsection (d).
SEC. 2837. LAND CONVEYANCE, NAVAL RESERVE CENTER, BURLINGTON, VERMONT
(a) IN GENERAL.Subject to subsection (b) through (e), the Secretary of the Navy may convey to the City of Burlington, Vermont, all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 1.49 acres, including improvements thereon, comprising the Naval Reserve Center, Burlington, Vermont. (b) USE OF PROCEEDS.The Secretary may use the proceeds of the transaction authorized by this section to pay all or part of the cost of acquiring a new site in the Burlington, Vermont, area for a naval reserve center and for the construction on such site of a replacement naval reserve center facility. (c) CONDITIONS OF SALE.(1) The conveyance authorized by subsection (a) shall be subject to the condition that the City of Burlington (A) pay to the United States the sum of $1,500,000; and (B) permit the Navy to continue to occupy, without consideration, the property referred to in such subsection until a replacement facility has been acquired by the Secretary. (2) In the event that the conveyance authorized by subsection (a) is not made before January 1, 1992, because the City is unable to pay
104 STAT. 1801
the consideration required by paragraph (1)(A), the authority to convey is terminated. (d) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by the City.
quire such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2838. LAND TRANSFER, ARLINGTON, VIRGINIA
The property consisting of approximately 14.05 acres of real property, and improvements thereon, known as Barracks "K", located in Arlington, Virginia, shall be deemed excess property, and the Administrator of General Services may transfer the property to the Secretary of the Navy without consideration.
SEC. 2839. LAND CONVEYANCE, FORT A.P. HILL MILITARY RESERVATION, VIRGINIA (a) CONVEYANCE AUTHORIZED.Subject to subsections (b) through
(e), the Secretary of the Army shall convey, without consideration, to the Commonwealth of Virginia all right, title, and interest of the United States in and to a parcel of land located at Fort A.P. Hill, Virginia, consisting of approximately 150 acres. (b) USE OF PROPERTY; REVERSION.(1) The land conveyed pursuant to this section shall be conveyed subject to the conditions that (A) the construction of a regional correctional facility on the land be completed not later than five years after the date of the enactment of this section; (B) the land be used only for the purpose of operating a regional correctional facility which shall be subject to the conditions and limitations on its use as provided in title 53.1 of the Code of Virginia; and (C) the Commonwealth of Virginia offer to Arlington County, Fairfax County, the City of Alexandria, Loudoun County, Fauquier County, Prince William County, Stafford County, and Caroline County, Virginia, and any other Virginia county that the Commonwealth of Virginia may choose, the opportunity to participate in the governmental entity created under the law of the Commonwealth of Virginia to construct and operate the regional correctional facility. (2) I f (A) a regional correctional facility is not constructed on the land conveyed pursuant to this section in accordance with paragraph (1)(A); (B) such land is used for any purpose other than the purpose specified in paragraph (1)(B); or (C) the counties referred to in paragraph (1)(C) are not offered the opportunity to participate in the entity referred to in such paragraph (as determined by the Secretary), all right, title, and interest in and to such land (together with the improvements thereon) shall revert to the United States and the United States shall have the right of immediate entry thereon. (c) DESCRIPTION OF PROPERTY.(1) The tract of land conveyed Prisons, pursuant to this section shall be a tract of land that
39-194 O - 91 - 15 : QL 3 Part 3
104 STAT. 1802
(A) has soil and topographical conditions suitable for the construction of a low- to mid-rise institutional correctional facility, including recreation, parking, and other necessary support facilities; and (B) is situated within reasonably close proximity to an existing sewer system. (2) The cost of any new or expanded sewer system or utility shall not be the responsibility of the Department of Defense or Caroline County, Virginia. (3) The exact acreage and legal description of the land to be conveyed pursuant to this section shall be determined by a survey satisfactory to the Secretary.
(d) PROHIBITION ON HOUSING CERTAIN PRISONERS.The regional
correctional facility constructed pursuant to this section may not be used to house Federal prisoners or prisoners convicted and sentenced in the courts of any jurisdiction other than the Commonwealth of Virginia (including all jurisdictions therein) without the written consent of the government of the county in which such facility is located.
quire such additional terms and conditions in connection with the conveyance pursuant to this section as the Secretary determines appropriate to protect the interests of the United States.
SEC. 2840. EASEMENT CONVEYANCE, FORT LAWTON, SEATTLE, WASHINGTON
(a) IN GENERAL.Subject to subsections (b) through (e), the Secretary of the Navy may convey to the City of Seattle, Washington, certain easement interests of the United States in approximately 1.42 acres of real property comprising a portion of the Department of the Navy Fort Lawton family housing area, Seattle, Washington. (b) CONSIDERATION.(1) In consideration for the conveyance authorized in subsection (a), the City shall provide new waterline hookups at such Navy family housing area. (2) If the fair market value of the easement interests to be conveyed under subsection (a) exceeds the fair market value of the consideration received under paragraph (1), as determined by the Secretary, the City shall pay the amount of the difference to the United States. Any such payment shall be deposited into the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). (c) HOUSING UNITS.(1) The City may be permitted to occupy, without consideration other than payment for utilities and services, the ten units of military family housing that will be impacted by the waterline hookups referred to in subsection (b)(1) until such time as is mutually agreed upon by the City and the Secretary. (2) The City shall provide to the Secretary, without payment of consideration, ten replacement housing units comparable to the ten housing units referred to in paragraph (1) at a site within the Puget Sound area to be determined by the Secretary. (d) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by the City.
quire such additional terms and conditions in connection with the
104 STAT. 1803
conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.
PART DDEPARTMENT OF DEFENSE ENERGY SAVINGS SEC, 2851. DEPARTMENT OF DEFENSE ENERGY SAVINGS PROGRAM
(a) I N GENERAL.Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following: " 2865. Energy savings at military installations "(a)(1) The Secretary of Defense shall designate an energy performance goal for the Department of Defense for the years 1991 through 2000. "(2) To achieve the goal designated under paragraph (1), the Secretary shall develop a comprehensive plan to identify and accomplish energy conservation measures to achieve maximum cost-effective energy savings. "(3) For the purpose of implementing any energy performance plan, the Secretary shall provide that the selection of energy conservation measures under such plan shall be limited to those with a positive net present value over a period of 10 years or less. "(b)(1) The Secretary shall provide that two-thirds of the portion of the funds appropriated to the Department of Defense for a fiscal year that is equal to the amount of energy cost savings realized by the Department, including financial benefits resulting from shared energy savings contracts and financial incentives described in paragraph (3)(B), for any fiscal year beginning after fiscal year 1990 shall remain available for obligation under paragraph (2) through the end of the fiscal year following the fiscal year for which the funds were appropriated, without additional authorization or appropriation. "(2) The amount that remains available for obligation under paragraph (1) shall be utilized as follows: "(A) One-half of the amount shall be used for the implementation of additional energy conservation measures at such buildings, facilities, or installations of the Department of Defense as the head of the department, agency, or instrumentality that realized the savings may designate in accordance with regulations prescribed by the Secretary of Defense. "(B) One-half of the amount shall be used at the installation at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable law and regulations, for "(i) improvements to existing military family housing units; "(ii) any unspecified minor construction project that will enhance the quality of life of personnel; or "(iii) any morale, welfare, or recreation facility or service. "(3) The Secretary "(A) shall permit and encourage each military department. Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by any gas or electric utility for the management of electricity demand or for energy conservation; and "(B) may authorize any military installation to accept any financial incentive, generally available from any such utility, to
104 STAT. 1804
G<fêrnment
contracts.
Reports-
adopt technologies and practices that the Secretary determines are cost-effective for the Federal Government. "(cXD The Secretary of Defense shall develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of these contracts with respect to military installations and will reduce the administrative effort and cost on the part of the Department as well as the private sector. "(2)(A) In carrying out paragraph (1), the Secretary of Defense may "(i) request statements of qualifications (as prescribed by the Secretary of Defense), including financial and performance information, from firms engaged in providing shared energy savings contracting; "(ii) designate from the statements received, with an update at least annually, those firms that are presumptively qualified to provide shared energy savings services; "(iii) select at least three firms from the qualifying list to conduct discussions concerning a particular proposed project, including requesting a technical and price proposal from such selected firms for such project; and "(iv) select from such firms the most qualified firm to provide shared energy savings services pursuant to a contractual arrangement that the Secretary determines is fair and reasonable, taking into account the estimated value of the services to be rendered and the scope and nature of the project. "(B) In carrjdng out paragraph (1), the Secretary may also provide for the direct negotiation, by departments, agencies, and instrumentalities of the Department of Defense, of contracts with shared energy savings contractors that have been selected competitively and approved by any gas or electric utility serving the department, agency, or instrumentality concerned. "(d) Beginning with fiscal year 1991 and by no later than December 31, 1991, and of each year thereafter, the Secretary of Defense shall transmit an annual report to the Congress containing a description of the actions taken to carry out this section, and the savings realized from such actions, during the fiscal year ending in the year in which the report is made.". (b) CLERICAL AMENDMENT.The table of contents for such subchapter is amended by adding at the end the following:
"2865. Energy savings at military installations.". SEC. 2852. TECHNICAL AMENDMENTS
(a) Section 2394a(c) of title 10, United States Code, is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: "(2) A determination under paragraph (1) concerning whether a cost-differential can be recovered over the expected life of a system shall be made using the life-cycle cost methods and procedures established pursuant to section 544(a) of the National Energy Conservation Policy Act.". (b) Section 2857(c) of title 10, United States Code, is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: "(2) A determination under paragraph (1) concerning whether a cost-differential can be recovered over the expected life of a facility shall be made using the life-cycle cost methods and procedures
104 STAT. 1805
established pursuant to section 544(a) of the National Energy Conservation Policy Act.".
PART EMISCELLANEOUS PROVISIONS SEC. 2861. RELOCATION OF THE FLORIDA SOLAR ENERGY CENTER
(a) I N GENERAL.The Secretary of the Air Force may pay $2,953,000 to the State of Florida for the sole purpose of assisting that State to relocate the Florida Solar Energy Center from Cape Canaveral Air Force Station, Florida, to a new site provided by the State of Florida on other than federally owned land. The payment of such sum shall include all Federal Government contributions to the relocation project, including relocation costs. Ob) CONSIDERATION.In consideration for payment of the amount provided for in (a), the State of Florida shall (1) release to the United States all leases, easements, and other land interests connected with the Florida Solar Energy Center on Cape Canaveral Air Force Station; (2) convey to the United States title to all buildings, fixtures, and other improvements located on such lands; (3) waive any claims against the United States arising out of the operation of the Florida Solar Energy Center from its inception until the final departure of all personnel and personal property connected with the Center from Cape Canaveral Air Force Station; (4) accept sole responsibility for the disposal, removal, or remediation of all solid or hazardous wastes on the property and release the United States from any obligation with respect to such wastes without regard to who may have been responsible for placing the solid or hazardous waste on the property; and (5) indemnify the United States against all claims, losses, damages, and costs arising out of or connected with any solid or hazardous wastes on the premises, to the extent permitted by the laws of the State of Florida. (c) AGREEMENT.No payment may be made to the State of Florida under this section until the Secretary and the State of Florida have entered into an agreement embodying the terms of this section, including a waiver by the State of all claims for the payment of any amount for relocation costs in addition to the amount specified in subsection (a).
quire such additional terms and conditions with respect to the payment by the Secretary pursuant to subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2862. MODIFICATION OF HEIGHT RESTRICTION IN A V I G A T I O N EASEMENT
(a) I N GENERAL.The Act of July 2, 1948 (62 Stat. 1229), is amended by adding at the end the following new section: "SEC. 6. The height restriction in subsection d. of the first section of this Act shall not apply with respect to any public utility structure that does not exceed 160 feet above mean low-water level.". (b) FILING.The Secretary of the Air Force shall execute and file in the appropriate office any instrument necessary to effect the modification of the avigation easement referred to in the amendment made in subsection (a).
104 STAT. 1806
SEC. 2863. HENDERSON HALL, ARLINGTON, VIRGINIA
103 Stat. 1663.
Section 2843(aXl) of the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189) is amended by striking out "62,000 square feet" and inserting in lieu thereof "77,000 square feet".
SEC. 2864. ADDITIONAL AUTHORITY FOR LEASE-PURCHASE
Section 2812(a)(2) of title 10, United States Code, is amended by adding at the end the following: "(I) Classroom and laboratories."
SEC. 2865. SALE OF AGGREGATE, NAVAL AIR STATION, MIRAMAR, CALIFORNIA
(a) AUTHORITY,(1) Subject to subsections (b) through (d), the Secretary of the Navy may extract, sell, and remove aggregate from the real property comprising the Naval Air Station, Miramar, California. (2) Such extraction, sale, and removal shall be by competitive procedures except for that portion of the station where the City of San Diego operates a sanitary landfill. Within such area, the City may extract, sell, or remove the aggregate. (b) CONSIDERATION.In consideration for the rights authorized to the City of San Diego by subsection (a), the City shall pay to the United States fair market value, as determined by the Secretary, for any aggregate it extracts, sells, or removes. (c) USE OF FUNDS.The Secretary shall deposit proceeds received from the sale of property authorized by this section in the special account established pursuant to section 204(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)).
quire such additional terms and conditions under this section as the Secretary considers appropriate to protect the interest of the United States.
SEC. 2866. STUDY TO EVALUATE JOINT MILITARY-CIVILIAN USE OF MILITARY AIRFIELDS
(a) I N GENERAL.The Secretary of Defense and the Secretary of Transportation shall conduct a joint study to evaluate the desirability and feasibility of converting airfields under the jurisdiction of each military department (1) to civilian use; or (2) in the case of any such airfield which will continue to be used by the military department, to joint civilian and military use. (b) SPECIFIC MATTERS TO B E CONSIDERED.In conducting the study referred to in subsection (a), the Secretary of Defense and the Secretary of Transportation shall (1) prepare an inventory of airfields under the control of each military department; (2) evaluate the present and future need of airfields for civilian use and for military use; (3) evaluate the extent to which civilian or joint civilianmilitary use of such airfields would meet national aviation policy objectives; (4) identify obstacles to and incentives for encouraging civilian or joint civilian-military use of such airfields;
104 STAT. 1807
(5) identify and assess means of reducing the cost to the Department of Defense of civilian or joint civilian-military use of such airfields, including (A) cost sharing agreements with civilian users of such airfields; (B) use of funds from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986; (C) the imposition of civilian aviation user fees; (D) civil aviation user lease agreements; and (6) assess the advisability of a joint-use agreement between the military department that controls the airfield and a commercial fixed-base operator. (c) REPORT.Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Transportation shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Committee on Public Works and Transportation of the House and the Committee on Commerce, Science, and Transportation of the Senate a joint report on the results of the study referred to in subsection (a) together with such comments and recommendations for legislation as the Secretaries consider appropriate. (d) FUNDING FOR STUDY.The study referred to in this section shall be funded jointly by the Department of Defense and the Department of Transportation. (e) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated such funds as may be necessary to carry out the purposes of this section.
SEC. 2867. NEGOTIATIONS FOR JOINT CIVILIAN AND MILITARY USE OF THE AIRFIELD AT WHEELER AIR FORCE BASE, HAWAII
(a) I N GENERAL.The Secretary of Defense shall enter into negotiations with the State of Hawaii with a view to entering into an agreement with the State of Hawaii under which the airfield facilities at Wheeler Air Force Base, Hawaii, would be jointly used for general civilian aviation purposes and military purposes. (b) AGREEMENT AUTHORITY.In the event that the negotiations referred to in subsection (a) are successful, the Secretary may enter into an agreement with the State of Hawaii providing for the joint civilian and military use of the airfield. Any such agreement shall provide for an equitable allocation between the State and the Department of Defense of the costs of maintaining and operating the airfield.
SEC. 2868. EXTENSION OF TERMINATION DATE FOR LAND CONVEYANCE AT EGLIN AIR FORCE BASE, FLORIDA
Section 808(d) of the Military Construction Act, 1983 (Public Law 97-321; 98 Stat. 1575) is amended by striking out "1990" and inserting in lieu thereof "1993".
104 STAT. 1808

TITLE XXIXDEFENSE BASE CLOSURES AND REALIGNMENTS
Defense Base Closure and Realignment Act of 1990. 10 u s e 2687 note.
PART ADEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION SEC. 290L SHORT TITLE AND PURPOSE
(a) SHORT TITLE.This part may be cited as the "Defense Base Closure and Realignment Act of 1990". Ob) PURPOSE.The purpose of this part is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States.
SEC. 2902. THE COMMISSION
10 u s e 2687 note.
President.
(a) ESTABLISHMENT.There is established an independent commission to be known as the "Defense Base Closure and Realignment Commission". (b) DUTIES.The Commission shall carry out the duties specified for it in this part. (c) APPOINTMENT.(1)(A) The Commission shall be composed of eight members appointed by the President, by and with the advise and consent of the Senate. (B) The President shall transmit to the Senate the nominations for appointment to the Commission (i) by no later than January 3, 1991, in the case of members of the Commission whose terms will expire at the end of the first session of the 102nd Congress; (ii) by no later than January 25, 1993, in the case of members of the Commission whose terms will expire at the end of the first session of the 103rd Congress; and (iii) by no later than January 3, 1995, in the case of members of the Commission whose terms will expire at the end of the first session of the 104th Congress. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with (A) the Speaker of the House of Representatives concerning the appointment of two members; (B) the majority leader of the Senate concerning the appointment of two members; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission. (d) TERMS.(1) Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission. (2) The Chairman of the Commission shall serve until the confirmation of a successor. (e) MEETINGS.(1) The Commission shall meet only during calendar years 1991, 1993, and 1995. (2)(A) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public.
104 STAT. 1809
(B) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: (i) The Chairman and the ranking minority party member of the Subcommittee on Readiness, Sustainability, and Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (ii) The Chairman and the ranking minority party member of the Subcommittee on Military Installations and Facilities of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (iii) The Chairmen and ranking minority party members of the Subcommittees on Military Construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the Subcommittees designated by such Chairmen or ranking minority party members. (f) VACANCIES.A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed. (g) PAY AND TRAVEL EXPENSES.(1)(A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) DIRECTOR OF STAFF.(1) The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who has not served on active duty in the Armed Forces or as a civilian employee of the Department of Defense during the one-year period preceding the date of such appointment. (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (i) STAFF.(1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. (3) Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense.
104 STAT. 1810
(4) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this part. (5) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (j) OTHER AUTHORITY.(1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (k) FUNDING.(1) There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this part. Such funds shall remain available until expended. (2) If no funds are appropriated to the Commission by the end of the second session of the 101st Congress, the Secretary of Defense may transfer, for fiscal year 1991, to the Commission funds from the Department of Defense Base Closure Account established by section 207 of Public Law 100-526. Such funds shall remain available until expended. (1) TERMINATION.The Commission shall terminate on December 31,1995.
10 u s e 2687 note. SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND REALIGNMENTS (a) FORCE-STRUCTURE PLAN.(1) As part of the budget justification
Federal ^bl^^^T' pu ica ion.
documents submitted to Congress in support of the budget for the Department of Defense for each of the fiscal years 1992, 1994, and 1996, the Secretary shall include a force-structure plan for the Armed Forces based on an assessment by the Secretary of the probable threats to the national security during the six-year period beginning with the fiscal year for which the budget request is made and of the anticipated levels of funding that will be available for national defense purposes during such period. (2) Such plan shall include, without any reference (directly or indirectly) to military installations inside the United States that may be closed or realigned under such plan (A) a description of the assessment referred to in paragraph (1); (B) a description (i) of the anticipated force structure during and at the end of each such period for each military department (with specifications of the number and type of units in the active and reserve forces of each such department), and (ii) of the units that will need to be forward based (with a justification thereof) during and at the end of each such period; and (C) a description of the anticipated implementation of such force-structure plan. (3) The Secretary shall also transmit a copy of each such forcestructure plan to the Commission. (b) SELECTION CRITERIA.(1) The Secretary shall, by no later than December 31, 1990, publish in the Federal Register and transmit to ^j^g congressional defense committees the criteria proposed to be used by the Department of Defense in making recommendations for the closure or realignment of military installations inside the United States under this part. The Secretary shall provide an
104 STAT. 1811
opportunity for public comment on the proposed criteria for a period of at least 30 days and shall include notice of that opportunity in the publication required under the preceding sentence. (2)(A) The Secretary shall, by no later than February 15, 1991, publish in the Federal Register and transmit to the congressional defense committees the final criteria to be used in making recommendations for the closure or realignment of military installations inside the United States under this part. Except as provided in subparagraph (B), such criteria shall be the final criteria to be used, along with the force-structure plan referred to in subsection (a), in making such recommendations unless disapproved by a joint resolution of Congress enacted on or before March 15,1991. (B) The Secretary may amend such criteria, but such amendments may not become effective until they have been published in the Federal Register, opened to public comment for at least 30 days, and then transmitted to the congressional defense committees in final form by no later than February 15 of the year concerned. Such amended criteria shall be the final criteria to be used, along with the force-structure plan referred to in subsection (a), in making such recommendations unless disapproved by a joint resolution of Congress enacted on or before March 15 of the year concerned. (c) DOD RECOMMENDATIONS.(1) The Secretary may, by no later than April 15, 1991, April 15, 1993, and April 15,1995, publish in the Federal Register and transmit to the congressional defense committees and to the Commission a list of the military installations inside the United States that the Secretary recommends for closure or realignment on the basis of the force-structure plan and the final criteria referred to in subsection 03)(2) that are applicable to the year concerned. (2) The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. (3) In considering military installations for closure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or realignment by the Department. (4) The Secretary shall make available to the Commission and the Comptroller General of the United States all information used by the Department in making its recommendations to the Commission for closures and realignments. (d) REVIEW AND RECOMMENDATIONS BY THE COMMISSION.(1) After receiving the recommendations from the Secretary pursuant to subsection (c) for any year, the Commission shall conduct public hearings on the recommendations. (2)(A) The Commission shall, by no later than July 1 of each year in which the Secretary transmits recommendations to it pursuant to subsection (c), transmit to the President a report containing the Commission's findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission's recommendations for closures and realignments of military installations inside the United States. (B) In making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary deviated substantially
Reports
104 STAT. 1812
Reports.
Reports.
from the force-structure plan and final criteria referred to in subsection (cXD in making recommendations. (3) The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (c). The Commission shall transmit a copy of such report to the congressional defense committees on the same date on which it transmits its recommendations to the President under parsigraph (2). (4) After July 1 of each year in which the Commission transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations. (5) The Comptroller General of the United States shall (A) assist the Commission, to the extent requested, in the Commission's review and analysis of the recommendations made by the Secretary pursuant to subsection (c); and (B) by no later than May 15 of each year in which the Secretary makes such recommendations, transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary's recommendations and selection process. (e) REVIEW BY THE PRESIDENT.(1) The President shall, by no later than July 15 of each year in which the Commission makes recommendations under subsection (d), transmit to the Commission and to the Congress a report containing the President's approval or disapproval of the Commission's recommendations. (2) If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval. (3) If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than August 15 of the year concerned, a revised list of recommendations for the closure and realignment of military installations. (4) If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such approval. (5) If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by September 1 of any year in which the Commission has transmitted recommendations to the President under this part, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated.
SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
10 u s e 2687 note.
(a) IN GENERAL.Subject to subsection Qo), the Secretary shall (1) close all military installations recommended for closure by the Commission in each report transmitted to the Congress by the President pursuant to section 2903(e); (2) realign all military installations recommended for realignment by such Commission in each such report;
104 STAT. 1813
(3) initiate all such closures and realignments no later than two years ^ t e r the date on which the President transmits a report to the Congress pursuant to section 2903(e) containing the recommendations for such closures or realignments; and (4) complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(e) containing the recommendations for such closures or realignments.
(b) CONGRESSIONAL DISAPPROVAL.(1) The Secretary may not
carry out any closure or realignment recommended by the Commission in a report transmitted from the President pursuant to section 2903(e) if a joint resolution is enacted, in accordance with the provisions of section 2908, disapproving such recommendations of the Commission before the earlier of (A) the end of the 45-day period beginning on the date on which the President transmits such report; or (B) the adjournment of Congress sine die for the session during which such report is transmitted. (2) For purposes of paragraph (1) of this subsection and subsections (a) ind (c) of section 2908, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period,
SEC. 2905. IMPLEMENTATION
(a) IN GENERAL.(1) In closing or realigning any military installation under this part, the Secretary may (A) take such actions as may be necessary to close or realign any military installation, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance; (B) provide (i) economic adjustment assistance to any community located near a military installation being closed or realigned, and (ii) community planning assistance to any community located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installation, if the Secretary of Defense determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for economic adjustment assistance or community planning assistance; (C) carry out activities for the purposes of environmental restoration and mitigation at any such installation, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for environmental restoration and mitigation;
10 u s e 2687 note.
Community action programs.
Environmental protection.
104 STAT. 1814
Environmental protection.
(D) provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and (E) reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and available for such purpose. (2) In carrying out any closure or realignment under this part, the Secretary shall ensure that environmental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as possible with funds available for such purpose.
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.(1) The Adminis-
trator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property and facilities located at a military installation closed or realigned under this part (A) the authority of the Administrator to utilize excess property under section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483); (B) the authority of the Administrator to dispose of surplus property under section 203 of that Act (40 U.S.C. 484); (C) the authority of the Administrator to grant approvals and make determinations under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)); and (D) the authority of the Administrator to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 (16 U.S.C. 667b). (2)(A) Subject to subparagraph (C), the Secretary of Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with (i) all regulations in effect on the date of the enactment of this Act governing the utilization of excess property and the disposal of surplus property under the Federal Property and Administrative Services Act of 1949; and (ii) all regulations in effect on the date of the enactment of this Act governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)). (B) The Secretary, after consulting with the Administrator of General Services, may issue regulations that are necessary to carry out the delegation of authority required by paragraph (1). (C) The authority required to be delegated by paragraph (1) to the Secretary by the Administrator of General Services shall not include the authority to prescribe general policies and methods for utilizing excess property and disposing of surplus property. (D) The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this part, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard. (E) Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installa-
104 STAT. 1815
tion to be closed or realigned under this part, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned.
(c) APPLICABILITY OF NATIONAL ENVIRONMENTAL POUCY ACT OF
1969.(1) The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the Commission, and, except as provided in paragraph (2), the Department of Defense in carrying out this part. (2)(A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this part (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. (B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider (i) the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission; (ii) the need for transferring functions to any military installation which has been selected as the receiving installation; or (iii) military installations alternative to those recommended or selected. (3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act. (d) WAIVER.The Secretary of Defense may close or realign military installations under this part without regard to (1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and (2) sections 2662 and 2687 of title 10, United States Code.
SEC. 2906. ACCOUNT 10 USC 2687
(a) IN GENERAL.(1) There is hereby established on the books of the Treasury an account to be known as the "Department of Defense Base Closure Account 1990" which shall be administered by the Secretary as a single account. (2) There shall be deposited into the Account (A) funds authorized for and appropriated to the Account; (B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and
104 STAT. 1816
(C) proceeds received from the transfer or disposal of any property at a military installation closed or realigned under this part. (b) USE OF FUNDS.(1) The Secretary may use the funds in the Account only for the purposes described in section 2905(a). (2) When a decision is made to use funds in the Account to carry out a construction project under section 2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify in writing the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to section 2802(a) of title 10, United States Code. (c) REPORTS.(1) No later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this part, the Secretary shall transmit a report to the congressional defense committees of the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year and of the amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year. (2) Unobligated funds which remain in the Account after the termination of the Commission shall be held in the Account until transferred by law after the congressional defense committees receive the report transmitted under paragraph (3). (3) No later than 60 days after the termination of the Commission, the Secretary shall transmit to the congressional defense committees a report containing an accounting of (A) all the funds deposited into and expended from the Account or otherwise expended under this part; and (B) any amount remaining in the Account,
10 u s e 2687 SEC. 2907. REPORTS
As part of the budget request for fiscal year 1993 and for each fiscal year thereafter for the Department of Defense, the Secretary shall transmit to the congressional defense committees of Congress (1) a schedule of the closure and realignment actions to be carried out under this part in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and realignment and of the time period in which these savings are to be achieved in each case, together with the Secretary's assessment of the environmental effects of such actions; and (2) a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures and realignments, together with the Secretary's assessment of the environmental effects of such transfers.
10 u s e 2687 SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT (a) TERMS OF THE RESOLUTION.For purposes of section 2904(b),
the term "joint resolution" means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the report to the Congress under section 2903(e), and (1) which does not have a preamble;
104 STAT. 1817
(2) the matter after the resolving clause of which is as follows: "That Congress disapproves the recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on ", the blank space being filled in with the appropriate date; and (3) the title of which is as follows: "Joint resolution disapproving the recommendations of the Defense Base Closure and Realignment Commission.". (b) REFERRAL.A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. (c) DISCHARGE.If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 2903(e), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) CONSIDERATION.(1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as
104 STAT. 1818
the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) CONSIDERATION BY OTHER HOUSE.(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (BXii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.
(f) RULES OF THE SENATE AND HOUSE.This section is enacted by
Congress (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), 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 either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
10 u s e 2687 SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY
(a) IN GENERAL.Except as provided in subsection (c), during the period beginning on the date of the enactment of this Act and ending on December 31, 1995, this part shall be the exclusive authority for selecting for closure or realignment, or for carrying out any closure or realignment of, a military installation inside the United States. (b) RESTRICTION.Except as provided in subsection (c), none of the funds available to the Department of Defense may be used, other than under this part, during the period specified in subsection (a) (1) to identify, through any transmittal to the Congress or through any other public announcement or notification, any military installation inside the United States as an installation to be closed or realigned or as an installation under consideration for closure or realignment; or (2) to carry out any closure or realignment of a military installation inside the United States. (c) EXCEPTION.Nothing in this part affects the authority of the Secretary to carry out (1) closures and realignments under title II of Public Law 100526; and (2) closures and realignments to which section 2687 of title 10, United States Code, is not applicable, including closures and
104 STAT. 1819
realignments carried out for reasons of national security or a military emergency referred to in subsection (c) of such section.
SEC. 2910. DEFINITIONS 10 USC 2687
As used in this part: (1) The term "Account" means the Department of Defense Base Closure Account 1990 established by section 2906(a)(1). (2) The term "congressional defense committees" means the Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives. (3) The term "Commission" means the Commission established by section 2902. (4) The term "military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. (5) The term "realignment" includes any action which both reduces and relocates functions and civilian personnel positions but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, or skill imbalances. (6) The term "Secretary" means the Secretary of Defense. (7) The term "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or possession of the United States.
SEC. 2911. CLARIFYING AMENDMENT
Section 2687(e)(1) of title 10, United States Code, is amended (1) by inserting "homeport facility for any ship," after "center,"; and (2) by striking out "under the jurisdiction of the Secretary of a military department" and inserting in lieu thereof "under the jurisdiction of the Department of Defense, including any leased facility,".
Part BOther Provisions Relating to Defense Base Closures and Realignments

SEC. 2921. CLOSURE OF FOREIGN MILITARY INSTALLATIONS 10 USC 2687
(a) SENSE OF CONGRESS.It is the sense of the Congress that "*" (1) the termination of military operations by the United States at military installations outside the United States should be accomplished at the discretion of the Secretary of Defense at the earliest opportunity; (2) in providing for such termination, the Secretary of Defense should take steps to ensure that the United States receives, through direct payment or otherwise, consideration equal to the fair market value of the improvements made by the United States at facilities that will be released to host countries; (3) the Secretary of Defense, acting through the military component commands or the sub-unified commands to the combatant commands, should be the lead official in negotiations relating to determining and receiving such consideration; and (4) the determination of the fair market value of such improvements released to host countries in whole or in part by
104 STAT. 1820
the United States should be handled on a facility-by-facility basis. (b) RESIDUAL VALUE.(1) For each installation outside the United States at which military operations were being carried out by the United States on October 1, 1990, the Secretary of Defense shall transmit, by no later than June 1, 1991, an estimate of the fair market value, as of January 1, 1991, of the improvements made by the United States at facilities at each such installation. (2) For purposes of this section: (A) The term "fair market value of the improvements" means the value of improvements determined by the Secretary on the basis of their highest use. (B) The term "improvements" includes new construction of facilities and all additions, improvements, modifications, or renovations made to existing facilities or to real property, without regard to whether they were carried out with appropriated or nonappropriated funds. (c) ESTABLISHMENT OF SPECIAL ACCOUNT.(1) There is established on the books of the Treasury a special account to be known as the "Department of Defense Overseas Military Facility Investment Recovery Account". Any amounts paid to the United States, pursuant to any treaty, status of forces agreement, or other international agreement to which the United States is a party, for the residual value of real property or improvements to real property used by civilian or military personnel of the Department of Defense shall be deposited into such account. (2) Money deposited in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available to the Secretary of Defense for payment, as provided in appropriation Acts, of costs incurred by the Department of Defense in connection with facility maintenance and repair and environmental restoration at military installations in the United States. Funds in the Account shall remain available until expended.
SEC. 2922. MODIFICATION OF THE CONTENT OF BIANNUAL REPORT OF THE COMMISSION ON ALTERNATIVE UTILIZATION OF MILITARY FACILITIES (a) USES OF FACILITIES.Section 2819(b) of the National Defense
10 use 2391 "^-
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2119; 10 U.S.C. 2391 note) is amended (1) in paragraph (2), by striking out "minimum security facilities for nonviolent prisoners" and inserting in lieu thereof "Federal confinement or correctional facilities including shock incarceration facilities"; (2) by striking out "and" at the end of paragraph (3); (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following new paragraph (4): "(4) identify those facilities, or parts of facilities, that could be effectively utilized or renovated to meet the needs of States and local jurisdictions for confinement or correctional facilities; and". (b) EFFECTIVE DATE.The amendments made by subsection (a) shall take effect with respect to the first report required to be submitted under section 2819 the National Defense Authorization Act, Fiscal Year 1989, after September 30,1990.
104 STAT. 1821
SEC. 2923. FUNDING FOR ENVIRONMENTAL RESTORATION AT MILITARY INSTALLATIONS SCHEDULED FOR CLOSURE INSIDE THE UNITED STATES
(a) AUTHORIZATION OF APPROPRIATIONS.There is hereby authorized to be appropriated to the Department of Defense Base Closure Account for fiscal year 1991, in addition to any other funds authorized to be appropriated to that account for that fiscal year, the sum of $100,000,000. Amounts appropriated to that account pursuant to the preceding sentence shall be available only for activities for the purpose of environmental restoration at military installations closed or realigned under title II of Public Law 100-526, as authorized under section 204(aX3) of that title. Qo) EXCLUSIVE SOURCE OF FUNDING.(1) Section 207 of Public Law 100-526 is amended by adding at the end the following: 10 USC 2687 "(h) BASE CLOSURE ACCOUNT T O B E EXCLUSIVE SOURCE OF FUNDS note. FOR ENVIRONMENTAL RESTORATION PROJECTS.No funds appropriated to the Department of Defense may be used for purposes described in section 204(a)(3) except funds that have been authorized for and appropriated to the Account. The prohibition in the preceding sentence expires upon the termination of the authority of the Secretary to carry out a closure or realignment under this title.". (2) The amendment made by paragraph (1) does not apply with respect to the availability of funds appropriated before the date of the enactment of this Act. (c) TASK FORCE REPORT.(1) Not later than 12 months after the lo use 2687 date of the enactment of this Act, the Secretary of Defense shall note. submit to Congress a report containing the findings and recommendations of the task force established under paragraph (2) concerning (A) ways to improve interagency coordination, within existing laws, regulations, and administrative policies, of environmental response actions at military installations (or portions of installations) that are being closed, or are scheduled to be closed, pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526); and (B) ways to consolidate and streamline, within existing laws and regulations, the practices, policies, and administrative procedures of relevant Federal and State agencies with respect to such environmental response actions so as to enable those actions to be carried out more expeditiously. (2) There is hereby established an environmental response task force to make the findings and recommendations, and to prepare the report, required by paragraph (1). The task force shall consist of the following (or their designees): (A) The Secretary of Defense, who shall be chairman of the task force. (B) The Attorney General. (C) The Administrator of the General Services Administration. (D) The Administrator of the Environmental Protection Agency. (E) The Chief of Engineers, Department of the Army. (F) A representative of a State environmental protection agency, appointed by the head of the National Governors Association.
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PUBLIC LAW 101-510NOV. 5, 1990 (G) A representative of a State attorney general's office, appointed by the head of the National Association of Attorney Generals. (H) A representative of a public-interest environmental organization, appointed by the Speaker of the House of Representatives.
10 u s e 2687 "t
SEC. 2924. COMMUNITY PREFERENCE CONSIDERATION IN CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
In any process of selecting any military installation inside the United States for closure or realignment, the Secretary of Defense shall take such steps as are necessary to assure that special consideration and emphasis is given to any official statement from a unit of general local government adjacent to or within a military installation requesting the closure or realignment of such installation.
SEC. 2925. RECOMMENDATIONS OF THE BASE CLOSURE COMMISSION
(a) NORTON AIR FORCE BASE.(1) Consistent with the recommendations of the Commission on Base Realignment and Closure, the Secretary of the Air Force may not relocate, until after September 30, 1995, any of the functions that were being carried out at the ballistics missile office at Norton Air Force Base, California, on the date on which the Secretary of Defense transmitted a report to the Committees on Armed Services of the Senate and House of Representatives as described in section 202(a)(1) of Public Law 100526. (2) This subsection shall take effect as of the date on which the report referred to in subsection (a) was transmitted to such Committees. (b) GENERAL DIRECTIVE.Consistent with the requirements of section 201 of Public Law 100-526, the Secretary of Defense shall direct each of the Secretaries of the military departments to take all actions necessary to carry out the recommendations of the Commission on Base Realignment and Closure and to take no action that is inconsistent with such recommendations.
10 u s e 2687 note. SEC. 2926. CONTRACTS FOR CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES
Reports.
(a) ESTABLISHMENT OF MODEL PROGRAM.Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall establish a model program to improve the efficiency and effectiveness of the base closure environmental restoration program. (b) ADMINISTRATOR OF PROGRAM.The Secretary shall designate the Deputy Assistant Secretary of Defense for Environment as the Administrator of the model program referred to in subsection (a). The Deputy Assistant Secretary shall report to the Secretary of Defense through the Under Secretary of Defense for Acquisition. (c) APPLICABILITY.This section shall apply to environmental restoration activities at installations selected by the Secretary pursuant to the provisions of subsection (d)(1). (d) PROGRAM REQUIREMENTS.In carrying out the model program, the Secretary of Defense shall: (1) Designate for the model program two installations under his jurisdiction that have been designated for closure pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526) and for which
104 STAT. 1823
preliminary assessments, site inspections, and Environmental Impact Statements required by law or regulation have been completed. The Secretary shall designate only those installations which have satisfied the requirements of section 204 of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526). (2) Compile a prequalification list of prospective contractors for solicitation and negotiation in accordance with the procedures set forth in title IX of the Federal Property and Administrative Services Act (Public Law 92-582; 40 U.S.C. 541 et seq., as amended). Such contractors shall satisfy all applicable statutory and regulatory requirements. In addition, the contractor selected for one of the two installations under this program shall indemnify the Federal Government against all liabilities, claims, penalties, costs, and damages caused by (A) the contractor's breach of any term or provision of the contract; and (B) any negligent or willful act or omission of the contractor, its employees, or its subcontractors in the performance of the contract. (3) Within 180 days after the date of enactment of this Act, solicit proposals from qualified contractors for response action (as defined under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) at the installations designated under paragraph (1). Such solicitations and proposals shall include the following: (A) Proposals to perform response action. Such proposals shall include provisions for receiving the necessary authorizations or approvals of the response action by appropriate Federal, State, or local agencies. (B) To the maximum extent possible, provisions offered by single prime contractors to perform all phases of the response action, using performance specifications supplied by the Secretary of Defense and including any safeguards the Secretary deems essential to avoid conflict of interest. (4) Evaluate bids on the basis of price and other evaluation criteria. (5) Subject to the availability of authorized and appropriated funds to the Department of Defense, make contract awards for response action within 120 days after the solicitation of proposals pursuant to paragraph (3) for the response action, or within 120 days after receipt of the necessary authorizations or approvals of the response action by appropriate Federal, State, or local agencies, whichever is later.
(e) APPLICATION OF SECTION 120 OF CERCLA.Activities of the
model program shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620). if) EXPEDITED AGREEMENTS.The Secretary shall, with the concurrence of the Administrator of the Environmental Protection Agency, assure compliance with all applicable Federal statutes and regulations and, in addition, take all reasonable and appropriate measures to expedite all necessary administrative decisions, agreements, and concurrences. (g) REPORT.The Secretary of Defense shall include a description of the progress made during the preceding fiscal year in implementing and accomplishing the goals of this section within the annual
104 STAT. 1824
report to Congress required by section 2706 of title 10, United States Code. (h) APPLICABILITY OF EXISTING LAW.Nothing in this section affects or modifies, in any way, the obligations or liability of any person under other Federal or State law, including common law, with respect to the disposal or release of hazardous substances or pollutants or contaminants as defined under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
DIVISION COTHER NATIONAL DEFENSE AUTHORIZATIONS

TITLE XXXIDEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
PART ANATIONAL SECURITY PROGRAMS AUTHORIZATIONS SEC. 3101. OPERATING EXPENSES
Funds are authorized to be appropriated to the Department of Energy for fiscal year 1991 for operating expenses incurred in carrying out national security programs (including scientific research and development in support of the Armed Forces, strategic and critical materials necessary for the common defense, and military applications of nuclear energy and related management and support activities) as follows: (1) For weapons activities, $3,795,381,000, to be allocated as follows: (A) For research and development, $1,092,218,000. (B) For weapons testing, $437,268,000. (C) For weapons safety, $160,000,000, to be derived from funds available under subparagraph (A) or (B) or both. (D) For production and surveillance, $2,161,180,000. (E) For program direction, $104,715,000. (2) For defense nuclear materials production, $1,892,770,000, to be allocated as follows: (A) For production reactor operations, $811,457,000. (B) For processing of defense nuclear materials, including naval reactors fuel, $628,969,000. (C) For supporting services, $292,043,000. (D) For uranium enrichment for naval reactors, $117,801,000. (E) For program direction, $42,500,000. (3) For verification and control technology, $181,484,000. (4) For nuclear materials safeguards and security technology development program, $83,934,000. (5) For security investigations, $65,000,000. (6) For new production reactors, $134,900,000. (7) For naval reactors development, $569,200,000.
SEC. 3102. PLANT AND CAPITAL EQUIPMENT
Funds are authorized to be appropriated to the Department of Energy for fiscal year 1991 for plant and capital equipment (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized
104 STAT. 1825
in prior years, land acquisition related thereto, and acquisition and fabrication of capital equipment not related to construction) necessary for national security programs as follows: (1) For weapons activities: Project GPD-101, general plant projects, various locations, $27,100,000. Project GPD-121, general plant projects, various locations, $36,350,000. Project 91-D-122, short range attack missile tactical (SRAM-T) production facilities, various locations, $15,000,000. Project 91-D-123, production assurance transformer replacement, Kansas City Plant, Kansas City, Missouri, $2,600,000. Project 91-D-124, safeguards and security upgrades, Phase III, Mound Plant, Miamisburg, Ohio, $1,100,000. Project 91-D-126, health physics calibration facility, Mound Plant, Miamisburg, Ohio, $1,000,000. Project 91-D-127, criticality alarm and production annunciation utility replacement, Rocky Flats Plant, Golden, Colorado, $6,600,000. Project 90-D-102, nuclear weapons research, development, and testing facilities revitalization. Phase III, various locations, $9,600,000. Project 90-D-126, environmental, safety, and health enhancements, various locations, $8,500,000. Project 89-D-126, environmental, safety, and health upgrade, Phase II, Mound Plant, Miamisburg, Ohio, $488,000. Project 88-D-104, safeguards and security upgrade. Phase II, Los Alamos National Laboratory, Los Alamos, New Mexico, $1,000,000. Project 88-D-106, nuclear weapons research, development, and testing facilities revitalization. Phase II, various locations, $72,547,000. Project 88-D-122, facilities capability assurance program, various locations, $106,806,000. Project 88-D-123, security enhancements, Pantex Plant, Amarillo, Texas, $18,244,000. Project 88-D-124, fire protection upgrade, various locations, $1,481,000. Project 88-D-125, high explosive machining facility, Pantex Plant, Amarillo, Texas, $8,840,000. Project 88-D-126, personnel radiological monitoring laboratories, various locations, $1,600,000. Project 87-D-104, safeguards and security enhancement II, Lawrence Livermore National Laboratory, Livermore, California, $1,150,000. Project 87-D-122, short-range attack missile II (SRAM II) warhead production facilities, various locations, $8,634,000. Project 86-D-130, tritium loading facility replacement. Savannah River Plant, Aiken, South Carolina, $2,360,000. Project 85-D-105, combined device assembly facility, Nevada Test Site, Nevada, $4,242,000. (2) For materials production: Project GPD-146, general plant projects, various locations, $36,994,000.
104 STAT. 1826

Project 91-D-143, increase 751-A electrical substation capacity, Phase I, Savannah River, South Carolina, $6,000,000. Project 91-D-145, new whole body counter facility, Savannah River, South Carolina, $4,350,000. Project 90-D-141, Idaho chemical processing plant fire protection, Idaho National Engineering Laboratory, Idaho, $6,000,000. Project 90-D-143, plutonium finishing plant fire safety and loss limitation, Richland, Washington, $2,500,000. Project 90-D-149, plantwide fire protection. Phases I and II, Savannah River, South Carolina, $49,100,000. Project 90-D-150, reactor safety assurance. Phases I and II, Savannah River, South Carolina, $32,600,000. Project 90-D-151, engineering center, Savannah River, South Carolina, $4,000,000. Project 89-D-140, additional separations safeguards. Savannah River, South Carolina, $16,300,000. Project 89-D-148, improved reactor confinement system. Savannah River, South Carolina, $12,800,000. Project 88-D-153, additional reactor safeguards. Savannah River, South Carolina, $1,000,000. Project 87-D-159, environmental, health, and safety improvements. Phases I, II, III, IV, and V, Feed Materials Production Center, Fernald, Ohio, $14,133,000. Project 86-D-149, productivity retention program. Phases I, II, III, IV, V, and VI, various locations, $61,750,000. Project 85-D-139, fuel processing restoration, Idaho Fuels Processing Facility, Idaho National Engineering Laboratory, Idaho, $87,500,000. Project 85-D-145, fuel production facility. Savannah River, South Carolina, $8,481,000. (3) For verification and control technology: Project 90-D-186, center for national security and arms control, Sandia National Laboratories, Albuquerque, New Mexico, $5,000,000. (4) For nuclear materials safeguards and security: Project GPD-186, general plant projects. Central Training Academy, Albuquerque, New Mexico, $2,000,000. (5) For new production reactors: Project 88-D-154, new production reactor capacity, various locations, $231,300,000. (6) For naval reactors development: Project GPN-101, general plant projects, various locations, $8,600,000. Project 90-N-102, expended core facility dry cell project. Naval Reactors Facility, Idaho, $4,000,000. Project 90-N-103, advanced test reactor off-gas treatment system, Idaho National Engineering Laboratory, Idaho, $1,800,000. Project 90-N-104, facilities renovation. Knolls Atomic Power Laboratory, Niskayuna, New York, $7,900,000. Project 89-N-102, heat transfer test facility. Knolls Atomic Power Laboratory, Niskayuna, New York, $3,600,000. Project 88-N-102, expended core facility receiving station, Naval Reactors Facility, Idaho, $1,500,000.
104 STAT. 1827
(7) For capital equipment not related to construction: (A) For weapons activities, $272,231,000. (B) For materials production, $105,622,000. (C) For verification and control technology, $9,924,000. (D) For nuclear safeguards and security, $5,066,000. (E) For new production reactors, $8,800,000. (F) For naval reactors development, $55,400,000.
SEC. 3103. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
Funds are authorized to be appropriated to the Department of Energy for fiscal year 1991 for carrying out the environmental restoration and waste management programs necessary for national security programs as follows: (1) For operating expenses, $2,391,428,000 to be allocated as follows: (A) For environmental restoration, $833,215,000. (B) For waste operations and projects, $1,252,927,000. (C) For waste research and development, $183,480,000. (D) For corrective action, $61,654,000. (E) For transportation management, $14,660,000. (F) For program direction, $24,106,000. (G) For program direction/landlord, $21,386,000. (2) For capital equipment, $119,917,000. (3) For plant projects: Project GPI)-171, general plant projects, various locations, $63,689,000. Project 91-D-171, waste receiving and processing facility module 1, Richland, Washington, $2,700,000. Project 91-D-172, high-level waste tank farm replacement, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho, $13,000,000. Project 91-D-173, hazardous low-level waste processing tanks, Savannah River, South Carolina, $5,800,000. Project 91-D-175, 300 area electrical distribution conversion and safety improvements. Phase I, Richland, Washington, $900,000. Project 90-D-103, environment, safety, and health improvements, various locations, $4,200,000. Project 90-D-125, steam plant ash disposal facility, Y-12 Plant, Oak Ridge, Tennessee, $6,000,000. Project 90-D-171, laboratory ventilation and electrical system upgrade, Richland, Washington, $4,100,000. Project 90-D-172, aging waste transfer lines, Richland, Washington, $4,000,000. Project 90-D-173, B plant canyon crane replacement, Richland, Washington, $4,300,000. Project 90-D-174, decontamination laundry facility. Richland, Washington, $9,900,000. Project 90-D-175, landlord program safety compliance-I, Richland, Washington, $10,870,000. Project 90-D-176, transuranic (TRU) waste facility. Savannah River, South Carolina, $15,300,000. Project 90-D-177, RWMC transuranic (TRU) waste treatment and storage facility, Idaho National Engineering Laboratory, Idaho Falls, Idaho, $26,000,000.
104 STAT. 1828
PUBLIC LAW 101-510NOV. 5, 1990 Project 90-D-178, TSA retrieval containment building, Idaho National Engineering Laboratory, Idaho Falls, Idaho, $11,100,000. Project 89-D-122, production waste storage facilities, Y12 Plant, Oak Ridge, Tennessee, $5,500,000. Project 89-D-126, environmental, safety, and health upgrade. Phase II, Mound Plant, Miamisburg, Ohio, $1,723,000. Project 89-D-141, M-area waste disposal, Savannah River, South Carolina, $7,500,000. Project 89-D-142, reactor effluent cooling water thermal mitigation. Savannah River, South Carolina, $28,000,000. Project 89-D-171, Idaho National Engineering Laboratory road renovation, Idaho, $7,300,000. Project 89-D-172, Hanford environmental compliance, Richland, Washington, $42,460,000. Project 89-D-173, tank farm ventilation upgrade, Richland, Washington, $3,400,000. Project 89-D-174, replacement high-level waste evaporator. Savannah River, South Carolina, $11,330,000. Project 89-D-175, hazardous waste/mixed waste disposal facility, Savannah River, South Carolina, $7,600,000. Project 88-D-102, sanitary wastewater systems consolidation, Los Alamos National Laboratory, Los Alamos, New Mexico, $3,500,000. Project 88-D-173, Hanford waste vitrification plant, Richland, Washington, $75,500,000. Project 87-D-159, environmental, health, and safety improvements, Phases I, II, III, and IV, Feed Materials Production Center, Fernald, Ohio, $27,586,000. Project 83-D-148, nonradioactive hazardous waste management. Savannah River, South Carolina, $5,000,000. (4) The total amount authorized to be appropriated by paragraph (3) is reduced by a total of $129,751,000 for anticipated savings and schedule slippages.
SEC. 3104. FUNDING LIMITATIONS
42 use 7273b.
(a) FERNALD LITIGATION SETTLEMENT.Of the funds authorized to be appropriated to the Department of Energy for fiscal year 1991 for operating expenses, not more than $20,500,000 may be used to pay the second installment of the settlement entered into by the Department of Energy in the Cise of In re: Fernald Litigation No. C-1-85149, United States District Court for the Southern District of Ohio. (b) INERTIAL CONFINEMENT FUSION.Of the funds authorized to be appropriated to the Department of Energy for fiscal year 1991 for operating expenses and plant and capital equipment, $175,000,000 shall be available for the defense inertial confinement fusion program. (c) SPECIAL ISOTOPE SEPARATION.No funds authorized to be appropriated to the Department of Energy for fiscal year 1991 shall be available for design or construction of a Special Isotope Separation facility. (d) SECURITY INVESTIGATIONS.(1) No funds appropriated to the Department of Energy may be obligated or expended for the conduct of an investigation by the Department of Energy or any other Federal department or agency for purposes of determining whether
104 STAT. 1829
to grant a security clearance to an individual or a facility unless the Secretary of Energy determines both of the following: (A) That a current, complete investigation file is not available from any other department or agency of the Federal government with respect to that individual or facility. (B) That no other department or agency of the Federal government is conducting an investigation with respect to that individual or facility that could be used as the basis for determining whether to grant the security clearance. (2) For purposes of paragraph (IXA), a current investigation file is a file on an investigation that has been conducted within the past five years.
PART BRECURRING GENERAL PROVISIONS SEC. 3121. REPROGRAMMING
(a) NOTICE TO CONGRESS.(1) Except as otherwise provided in this title (A) no amount appropriated pursuant to this title may be used for any program in excess of the lesser of (i) 105 percent of the amount authorized for that program by this title; or (ii) $10,000,000 more than the amount authorized for that program by this title; and (B) no amount appropriated pursuant to this title may be used for any program which has not been presented to, or requested of, the Congress. (2) An action described in paragraph (1) may be taken after a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives of notice from the Secretary of Energy containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action. (b) LIMITATION ON AMOUNT OBUGATED.In no event may the total amount of funds obligated pursuant to this title exceed the total amount authorized to be appropriated by this title.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS
(a) IN GENERAL.The Secretary of Energy may carry out any construction project under the general plant projects provisions authorized by this title if the total estimated cost of the construction project does not exceed $1,200,000. (b) REPORT TO CONGRESS.If at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost variations and the revised cost of the project exceeds $1,200,000, the Secretary shall immediately furnish a complete report to the Committees on Armed Services and on the Committees on Appropriations of the Senate and House of Representatives explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS
(a) IN GENERAL.(1) Except as provided in paragraph (2), construction on a construction project may not be started or additional
104 STAT. 1830
obligations incurred in connection with the project above the total estimated cost whenever the current estimated cost of the construction project, which is authorized by section 3102 or 3103 of this title, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of (A) the amount authorized for the project; or (B) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress. (2) An action described in paragraph (1) may be taken after a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives of notice from the Secretary of Energy containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action. 03) EXCEPTION.Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY
(a) IN GENERAL.Funds appropriated pursuant to this title may be transferred to other agencies of the Government for the performance of the work for which the funds were appropriated, and funds so transferred may be merged with the appropriations of the agency to which the funds are transferred. 0?) NUCLEAR DIRECTED ENERGY WEAPONS CONCEPTS.The Secretary of Defense may transfer to the Secretary of Energy not more than $100,000,000 of the funds appropriated for fiscal^ year 1991 to the Department of Defense for research, development, test, and evaluation for the Defense Agencies for the performance of work on the Strategic Defense Initiative. Funds so transferred (1) may be used only for research and testing for nuclear directed energy weapons concepts, including plant and capital equipment related thereto; and (2) shall be merged with funds appropriated to the Department of Energy.
(c) INERTIAL CONFINEMENT FUSION PROGRAMS.The Secretary of
Defense may transfer to the Secretary of Energy not more than $12,000,000 of the funds appropriated to the Department of Defense for the inertial confinement fusion program. Funds so transferred shall be merged with funds appropriated to the Department of Energy national security programs for research and development.
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN
(a) IN GENERAL.(1) Within the amounts authorized by this title for plant engineering and design, the Secretary of Energy may carry out advance planning and construction designs (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such planning and design does not exceed $2,000,000. (2) In any case in which the total estimated cost for such planning and design exceeds $300,000, the Secretary shall notify the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives in writing of the details of
104 STAT. 1831
such project at least 30 days before any funds are obligated for design services for such project. Ot)) SPECIFIC AUTHORITY REQUIRED.In any case in which the total estimated cost for advance planning and construction design in connection with any construction project exceeds $2,000,000, funds for such planning and design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN
In addition to the advance planning and construction design authorized by sections 3102 and 3103, the Secretary of Energy may perform planning and design utilizing available funds for any Department of Energy defense activity construction project whenever the Secretary determines that the design must proceed expeditiously in order to meet the needs of national defense or to protect property or human life.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY
Subject to the provisions of appropriation Acts and section 3121, amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS
When so specified in an appropriation Act, amounts appropriated for operating expenses or for plant and capital equipment may remain available until expended.
PART CMISCELLANEOUS SEC. 3131. REMANUFACTURE OF NUCLEAR STOCKPILE WEAPONS (a) REPORT ON REMANUFACTURE OF NUCLEAR STOCKPILE WEAP-
ONS.The Secretary of Energy, in consultation with the Secretary of Defense, shall prepare a report on remanufacture of nuclear stockpile weapons that will require replacement at the end of their stockpile life. The report shall include the following information: (1) A specification of the nuclear warheads and bombs now in the stockpile which will not be replaced at the end of their stockpile life. (2) A case-by-case analysis of the technical requirements and estimated costs to prepare for the remanufacture of each certified nuclear weapon design scheduled for retention in the stockpile. (3) A specification of certified weapons designs designated for retention in paragraph (2) that could be remanufactured and recertified for the stockpile without conducting a nuclear explosive test. (4) Identification of those certified weapons designs included in paragraph (2) requiring changes to permit remanufacture which could be recertified with a single nuclear explosive proof test to demonstrate proper performance, and the minimum essential yield for each such test. (5) Identification of those certified weapon designs planned for retention in paragraph (2) requiring modification for remanufacture to the degree that more than one test is indicated to
104 STAT. 1832
Classified information.
assure proper performance, and the minimum essential number and yield of tests required for each design so modified. (6) A description of other options that may be employed in the event of reduced reliance on nuclear test explosions, ranging from increasingly extensive modifications of existing designs to the introduction of entirely new designs, and the costs in time, funds, numbers, and yields of tests, and the postulated national security benefits of each of these options clearly set forth in a manner which allows the relative costs and benefits of all the options presented to be directly compared. (b) SUBMISSION OF REPORT.The Secretary of Energy shall submit an unclassified report with a classified appendix not later than February 1, 1991.
SEC. 3132. LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT PROGRAMS
42 u s e 7257a.
(a) AUTHORITY.Government-owned, contractor-operated laboratories that are funded out of funds available to the Department of Energy for national security programs are authorized to carry out laboratory-directed research and development. (b) REGULATIONS.The Secretary of Energy shall prescribe regulations for the conduct of laboratory-directed research and development at such laboratories. (c) FUNDING.Of the funds provided by the Department of Energy to such laboratories for national security activities, the Secretary shall provide a specific amount, not to exceed 6 percent of such funds, to be used by such laboratories for laboratory-directed research and development. (d) DEFINITION.For purposes of this section, the term "laboratory-directed research and development" means research and development work of a creative and innovative nature which, under the regulations prescribed pursuant to subsection (b), is selected by the director of a laboratory for the purpose of maintaining the vitality of the laboratory in defense-related scientific disciplines.
42 u s e 7274 note. SEC. 3133. NATIONAL ENVIRONMENTAL REPORT REQUIREMENT POLICY ACT COMPLIANCE
(a) ENVIRONMENTAL REPORT.Not later than 30 days after the end of each quarter of fiscal years 1991 and 1992, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a brief report on the Department of Energy's compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The report shall contain a brief description of each proposed action to be taken by the Department of Energy, the environmental impact of which is not clearly insignificant, and a description of the steps taken or proposed to be taken by the Department of Energy to assess the environmental impact of the proposed action. If the Secretary finds that the proposed action of the Department of Energy will have no significant impact, the Secretary shall include the rationale for that determination. (b) SUBMISSION OF INITIAL REPORT.The Secretary shall submit the first report not later than February 1, 1991, for the quarter ending December 31, 1990.
104 STAT. 1833
SEC. 3134. REPORT ON ENVIRONMENTAL RESTORATION EXPENDITURES 42 USC 7274c.
Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to section 1105 of title 31, United States Code), the Secretary of Energy shall submit to Congress a report on how the environmental restoration and waste management funds for defense activities of the Department of Energy were expended during the fiscal year preceding the fiscal year during which the budget is submitted. The report shall include details on expenditures by operations office, installation, budget category, and activity. The report also shall include any schedule changes or modifications to planned activities for the fiscal year in which the budget is submitted.
SEC. 3135. DEPARTMENT OF ENERGY MANAGEMENT PLAN FOR ENVIRON- 42 USC 7274c MENTAL RESTORATION AND WASTE MANAGEMENT ACTIVI- note. TIES
(a) PLAN.The Secretary of Energy shall develop a comprehensive five-year plan for the management of environmental restoration and waste management activities at facilities under the jurisdiction of the Department of Energy. (b) REPORT.Not later than June 1, 1991, the Secretary of Energy shall submit to Congress a report on the management plan developed under subsection (a). The report shall include the following: (1) A description of management capabilities necessary to carry out environmental programs covered by the management plan for the next five years. (2) A description of current Department of Energy management capabilities and inadequacies. (3) A description of the technical resources, including staff and management information systems, needed to carry out the management plan. (4) A description of assistance from other Federal agencies and private contractors included in the management plan. (5) A description of the cost verification and quality control elements included in the management plan.
SEC. 3136. EXTENSION OF AUTHORITY TO LOAN PERSONNEL AND FACILI. TIES TO COMMUNITY DEVELOPMENT ORGANIZATIONS NEAR HANFORD RESERVATION
(a) EXTENSION.Subsection (c) of section 1434 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2074) is amended by striking out "September 30, 1990" and inserting in lieu thereof "September 30,1992". (b) CONFORMING AMENDMENT.Subsection (a)(3) of such section is amended by striking out "fiscal years 1989 and 1990" and inserting in lieu thereof "fiscal years 1989,1990,1991, and 1992".
SEC. 3137. SAFETY MEASURES FOR WASTE TANKS AT HANFORD NUCLEAR RESERVATION
(a) IDENTIFICATION AND MONITORING OF TANKS.Within 90 days after the date of the enactment of this Act, the Secretary of Energy shall identify which single-shelled or double-shelled high-level nuclear waste tanks at the Hanford Nuclear Reservation, Richland, Washington, may have a serious potential for release of high-level waste due to uncontrolled increases in temperature or pressure. After completing such identification, the Secretary shall determine whether continuous monitoring is being carried out to detect a
39-194 O - 91 - 16 : QL 3 Part 3
104 STAT. 1834
release or excessive temperature or pressure at each tank so identified. If such monitoring is not being carried out, as soon as practicable the Secretary shall install such monitoring, but only if a type of monitoring that does not itself increase the danger of a release can be installed. (b) ACTION PLANS.Within 120 days after the date of the enactment of this Act, the Secretary of Energy shall develop action plans to respond to excessive temperature or pressure or a release from any tank identified under subsection (a). (c) PROHIBITION.Beginning 120 days after the date of the enactment of this Act, no additional high-level nuclear waste (except for small amounts removed and returned to a tank for analysis) may be added to a tank identified under subsection (a) unless the Secretary determines that no safer alternative than adding such waste to the tank currently exists or that the' tank does not pose a serious potential for release of high-level nuclear waste. (d) REPORT.Within six months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on actions taken to promote tank safety, including actions taken pursuant to this section, and the Secretary's timetable for resolving outstanding issues on how to handle the waste in such tanks.
SEC. 3138. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED TO RADIATION RELEASED FROM HANFORD NUCLEAR RESERVATION
State listing.
(a) FUNDING.Of the funds authorized to be appropriated to the Department of Energy under this title, the Secretary of Energy shall make available $3,000,000 to the State of Washington, $1,000,000 to the State of Oregon, and $1,000,000 to the State of Idaho. Such funds shall be used to develop and implement programs for the benefit of persons who may have been exposed to radiation released from the Department of Energy Hanford Nuclear Reservation (Richland, Washington) between the years 1944 and 1972. (b) PROGRAMS.The programs to be developed by the States may include only the following activities: (1) Preparing and distributing information on the health effects of radiation to health care professionals, and to persons who may have been exposed to radiation. (2) Developing and implementing mechanisms for referring persons who may have been exposed to radiation to health care professionals with expertise in the health effects of radiation. (3) Evaluating and, if feasible, implementing, registration and monitoring of persons who may have been exposed to radiation released from the Hanford Nuclear Reservation. (c) PLAN AND REPORTS.(1) The States of Washington, Oregon, and Idaho shall jointly develop a single plan for implementing this section. (2) Not later than six months after the date of the enactment of this Act, such States shall submit to the Secretary of Energy and the Congress a copy of the plan developed under paragraph (1). (3) Not later than 18 months after the date of the enactment of this Act, such States shall submit to the Secretary of Energy and the Congress a single report on the implementation of the plan developed under paragraph (1). (4) In developing and implementing the plan, such States shall consult with persons carrying out current radiation dose and epidemiological research programs (including the Hanford Thyroid
104 STAT. 1835
Disease Study of the Centers for Disease Control and the Hanford Environmental Dose Reconstruction Project of the Department of Energy), and may not cause substantial damage to such research programs.
SEC. 3139. PAYMENTS FOR INJURIES BELIEVED TO ARISE OUT OF ATOMIC WEAPONS TESTING PROGRAM
(a) FINDINGS.Section 2(a) of the Radiation Exposure Compensation Act (Public Law 101-426) is amended (1) in paragraph (1), by striking "above-ground" and all that follows through "Arizona" and inserting "atmospheric nuclear tests exposed individuals"; (2) in paragraph (2), by striking "unwitting participants" and inserting "exposed to radiation"; and (3) in paragraph (5), by striking "innocent" and all that follows through "involuntarily" and inserting "individuals who were exposed to radiation were". (b) TRUST FUND.Section 3 of that Act is amended (1) in the first sentence of subsection (d), by striking "not later than" and all that follows through "amount, or"; and (2) in subsection (e), by striking "$100,000,000" and inserting "such sums as may be necessary to carry out its purposes".
(c) CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING.(1) The
42 USC 2210 ^^-
42 USC 2210 "oê.
section caption for section 4 of that Act is amended by striking 42 USC 2210 "OPEN AIR and inserting "ATMOSPHERIC". note. (2) Section 4(a) of that Act is amended to read as follows:
"(a) CLAIMS. "(1) CLAIMS RELATING TO CHILDHOOD LEUKEMIA.Any
individual who was physically present in the affected area for a period of at least 1 year during the period beginning on January 21, 1951, and ending on October 31, 1958, or was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, and who submits written medical documentation that he or she, after such period of physical presence and between 2 and 30 years after first exposure to the fallout, contracted leukemia (other than chronic lymphocytic leukemia), shall receive $50,000 if "(A) initial exposure occurred prior to age 21, "(B) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and "(C) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. "(2) CLAIMS RELATING TO SPECIFIED DISEASES.Any individual who "(A) was physically present in the affected area for a period of at least 2 years during the period beginning on January 21,1951, and ending on October 31,1958, "(B) was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, or "(C) participated onsite in a test involving the atmospheric detonation of a nuclear device, and who submits written medical documentation that he or she, after such period of physical presence or such participation (as the case may be), contracted a specified disease, shall receive $50,000 (in the CEise of an individual described in subparagraph
104 STAT. 1836
42 use 2210 ^ 42 use 2210 "ote-
(A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)), if "(i) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and "(ii) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. "(3) CONFORMITY WITH SECTION 6.Payments under this section may be made only in accordance with section 6. "(4) EXCLUSION.No payment may be made under this section on any claim of the Government of the Marshall Islands, or of any citizen or national of the Marshall Islands, that is referred to in Article X, Section 1 of the Agreement Between the Government of the United States and the Government of the Marshall Islands for the Implementation of section 177 of the Compact of Free Association (as approved by the Compact of Free Association Act of 1985 (Public Law 99-239)).". (3) Section 4(b)(2) of that Act is amended by striking "primary cancer of: the" and inserting "primary cancer of the:". (d) CLAIMS RELATING TO URANIUM MINING.Section 5 of that Act is amended (1) in subsection (a) in the matter following "$100,000 if", by striking "(1)" and inserting "(i)" and by striking "(2)" and inserting "(ii)"; and (2) in subsection (b)(3) by striking "an uranium" and inserting "a uranium".
(e) DETERMINATION AND PAYMENT OF CLAIMS.(1) Section 6(b)(2) of
42 use 2210 "**-
that Act is amended (A) in subparagraph (A) (i) by striking "a specified disease under section 4" and inserting "leukemia under section 4(a)(1), a specified disease under section 4(a)(2),"; and (ii) by striking "and" at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting "; and"; (C) by inserting after subparagraph (B) the following: "(C) in consultation with the Secretary of Defense and the Secretary of Energy, establish guidelines for determining what constitutes documentation that an individual participated onsite in a test involving the atmospheric detonation of a nuclear device under section 4(a)(2)(C)."; and (D) in the matter following subparagraph (C) (as added by subparagraph (C) of this paragraph) (i) by striking "and" after "(A),"; and (ii) by inserting before the period the following:", and with the Secretary of Defense and the Secretary of Energy with respect to making determinations pursuant to the guidelines issued under subparagraph (C).". (2) Section 6(c)(2).of that Act is amended to read as follows:
"(2) OFFSET FOR CERTAIN PAYMENTS.(A) A payment to an
individual, or to a survivor of that individual, under this section on a claim under subsection (aXD, (a)(2)(A), or (a)(2XB) of section 4 or a claim under section 5 shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker's compensation), against any person, that is based on injuries incurred by that individual on account of
104 STAT. 1837
"(i) exposure to radiation, from atmospheric nuclear testing, in the affected area (as defined in section i(b)0-)) at any time during the period described in subsection (aXl), (a)(2XA), or (a)(2)(B) of section 4, or "(ii) exposure to radiation in a uranium mine at any time during the period described in section 5(a). "(B) A payment to an individual, or to a survivor of that individual, under this section on a claim under section 4(a)(2)(C) shall be offset by the amount of "(i) any payment made pursuant to a final award or settlement on a claim, against any person, or "(ii) any payment made by the Federal Government, that is based on injuries incurred by that individual on account of exposure to radiation as a result of onsite participation in a test involving the atmospheric detonation of a nuclear device. The amount of the offset under this subparagraph with respect to payments described in clauses (i) and (ii) shall be the actuarial present value of such payments.". (3) Section 6(c)(4)(C)(i) of that Act is amended by striking "means" and inserting "is". (4) Section 6(e) of that Act is amended (A) by striking "open air" and inserting "atmospheric"; (B) by striking "any period described in section 4(a), or" and inserting "the period described in subsection (aXD, (aX2)(A), or (a)(2XB) of section 4,"; and (C) by inserting before the period at the end the following: ", or exposure to radiation as a result of onsite participation in a test involving the atmospheric detonation of a nuclear device". (f) CHOICE OF REMEDIES.Section 7(b) of that Act is amended by inserting before the period at the end the following: ", and no individual may receive more than one payment under section 4 of this Act". (g) REPORT.Section 12 of that Act is amended (1) by inserting "REPORT." after "(a)"; and (2) by inserting "COMPLETION." after "(b)".
SEC. 3140. REPEAL
42 u s e 2210 note.
42 u s e 2210 note. 42 u s e 2210 note.
The Radiation Exposure Compensation Act (Public Law 101-426) is amended by adding at the end the following:
"SEC. 13. REPEAL.
"Section 1631 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1985 (42 U.S.C. 2212) is repealed.".
SEC. 3141. CONTRACTOR LIABILITY FOR INJURY OR LOSS OF PROPERTY Atomic Testing Liability Act. ARISING OUT OF ATOMIC WEAPONS TESTING PROGRAMS 42 u s e 2212.
(a) SHORT TITLE.This section may be cited as the "Atomic Testing Liability Act".
(b) FEDERAL REMEDIES APPLICABLE; EXCLUSIVENESS OF REMEDIES.
(1) REMEDY.The remedy eigainst the United States provided by sections 1346(b) and 2672 of title 28, United States Code, by the Act of March 9, 1920 (46 U.S.C. App. 741-752), or by the Act of March 3, 1925 (46 U.S.C. App. 781-790), as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by
104 STAT. 1838
a contractor in carrying out an atomic weapons testing program under a contract with the United States. (2) EXCLUSIVITY.The remedies referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining civil liability arising from any act or omission of the contractor without regard to when the act or omission occurred. The employees of a contractor referred to in paragraph (1) shall be considered to be employees of the Federal Government, as provided in section 2671 of title 28, United States Code, for the purposes of any such civil action or proceeding; and the civil action or proceeding shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of such title and shall be subject to the limitations and exceptions applicable to those actions. (c) PROCEDURE.A contractor against whom a civil action or proceeding described in subsection (b) is brought shall promptly deliver all processes served upon that contractor to the Attorney General of the United States. Upon certification by the Attorney General that the suit against the contractor is within the provisions of subsection (b), a civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place wherein it is pending and the proceedings shall be deemed a tort action brought against the United States under the provisions of section 1346(b), 2401(b), or 2402, or sections 2671 through 2680 of title 28, United States Code. For purposes of removal, the certification by the Attorney General under this subsection establishes contractor status conclusively. (d) ACTIONS COVERED.The provisions of this section shall apply to any action, within the provisions of subsection (b), which is pending on the date of the enactment of this Act or commenced on or after such date. Notwithstanding section 2401(b) of title 28, United States Code, if a civil action or proceeding to which this section applies is pending on the date of the enactment of this Act and is dismissed because the plaintiff in such action or proceeding did not file an administrative claim as required by section 2672 of that title, the plaintiff in that action or proceeding shall have 30 days from the date of the dismissal or two years from the date upon which the claim accrued, whichever is later, to file an administrative claim, and any claim or subsequent civil action or proceeding shall thereafter be subject to the provisions of section 2401(b) of title 28, United States Code. (e) "CONTRACTOR" DEFINED.For purposes of this section, the term "contractor" includes a contractor or cost reimbursement subcontractor of any tier participating in the conduct of the United States atomic weapons testing program for the Department of Energy (or its predecessor agencies, including the Manhattan Engineer District, the Atomic Energy Commission, and the Energy Research and Development Administration). Such term also includes facilities which conduct or have conducted research concerning health effects of ionizing radiation in connection with the testing under contract with the Department of Energy (or any of its predecessor agencies).
104 STAT. 1839
SEC. 3142. SENSE OF CONGRESS ON NEGOTIATING AGREEMENTS TO ACHIEVE A COMPREHENSIVE TEST BAN
The Congress, mindful of the commitment of the United States, the Soviet Union, and Great Britain in the Limited Test Ban Treaty of 1963 and in the Non-Proliferation Treaty of 1968 to seek the discontinuance of all test explosions of nuclear weapons for all time and of the commitment which shall be legally binding on the parties upon ratification of the Treaty on the Limitation of Underground Nuclear Weapons Tests to "continue their negotiations with a view toward achieving a solution to the problem of the cessation of all underground nuclear weapons tests", states that it is the sense of Congress that the United States shares a special responsibility with the Soviet Union to continue the bilateral Nuclear Testing Talks to achieve further limitations on nuclear testing, including the achievement of a verifiable comprehensive test ban.
PART DINTERNATIONAL FISSILE MATERIAL AND WARHEAD CONTROL SEC. 3151. PRODUCTION OF PLUTONIUM AND HIGHLY ENRICHED URANIUM FOR NUCLEAR WEAPONS AND DISPOSAL OF NUCLEAR STOCKPILES
(a) PRODUCTION BY THE SOVIET UNION.Congress urges the President of the Soviet Union and the Supreme Soviet of the Soviet Union (1) to cease production by the Soviet Union of plutonium; (2) to maintain the cessation in production by the Soviet Union of highly-enriched uranium for weapons that was announced on April 7,1989.
(b) TECHNICAL ASPECTS OF FISSILE MATERIAL MONITORING AND NUCLEAR WARHEAD DISMANTLEMENT.Should the President deter-
mine that future international agreements should provide for dismantlement of nuclear warheads and a ban on further production of fissile materials for weapons, then the Congress urges the President to seek to establish with the Soviet Union a joint technical working group to examine and demonstrate cooperative technical monitoring and inspection arrangements that could be applied to the design and verification of these potential provisions. (c) REPORT ON VERIFICATION TECHNIQUES.(1) The President shall President. prepare a comprehensive technical report on the verification matters described in paragraph (2). (2) The report shall describe the on-site monitoring techniques, inspection arrangements, and national technical means that could be used by the United States to verify the actions of other nations with respect to the following: (A) Dismantlement of nuclear warheads in the event that a future agreement between the United States and the Soviet Union should provide for such dismantlement to be carried out in a mutually verifiable manner. (B) A mutual United States-Soviet ban, leading to a multilateral, global ban, on the production of additional quantities of plutonium and highly-enriched uranium for nuclear weapons. (C) The end use or ultimate disposal of any plutonium and highly enriched uranium recovered from the dismantlement of nuclear warheads. (3) In order to prepare the report required by paragraph (1), the President shall establish a Technical Advisory Committee on Ver-
104 STAT. 1840
ification of Fissile Material and Nuclear Warhead Controls, to be composed of preeminent government and nongovernment experts in the fields of radiation detection, nondestructive examination, nuclear safeguards, nuclear materials production, and nuclear warhead dismantlement. Such committee, which shall be established not later than December 31, 1990, shall advise the President on the availability, use, and further development of techniques which could be applied to the verification of the prospective actions described in paragraph (2). (4) The report required by paragraph (1) shall be submitted to Congress not later than April 30, 1991. The report shall be submitted in unclassified form with such classified appendices as may be necessary.
SEC. 3152. DEVELOPMENT AND DEMONSTRATION OF MEANS FOR WARHEAD DISMANTLEMENT VERIFICATION
The Secretary of Energy may use funds available to the Secretary for national security programs of the Department of Energy for fiscal year 1991 to carry out a program to develop and demonstrate a means for verifiable dismantlement of nuclear warheads.
Department of Energy Science Education Enhancement Act. 42 u s e 7381 note. 42 u s e 7381. PART EDEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS SEC. 3161. SHORT TITLE
This part may be cited as the "Department of Energy Science Education Enhancement Act".
SEC. 3162. FINDINGS AND PURPOSES
(a) FINDINGS.The Congress finds the following: (1) Scientific, technical, and engineering competence is essential to the Nation's future well-being. (2) The scientific, technical, and engineering capability at the Federal laboratories is unmatched throughout the world. (3) Superb research, development, testing, and evaluation occur in Department of Energy research and development facilities. (4) Department of Energy research and development facilities will play an increasing role in assuring that the United States remains competitive in world markets. (5) Improvements in mathematics, science, and engineering education are needed desperately to provide the trained and educated citizenry essential to the future competitiveness of the United States. (6) The future health and vitality of the economy of the United States is predicated on the availability of an adequate supply of scientists, mathematicians, and engineers to provide for growing needs and to replenish the workforce. (7) United States college and university enrollment in science, mathematics, and engineering programs is sharply declining at undergraduate, graduate, and post-graduate levels. (8) The Federal Government is the largest United States employer of research scientists, mathematicians, and engineers, and the Department of Energy has a growing need for scientists, mathematicians, and engineers at a time when these enrollments are declining. (9) Women and minorities are grossly underrepresented in science and mathematics fields, and this group represents more
104 STAT. 1841
than 80 percent of the projected increase in the national workforce through the year 2000. (b) PURPOSES.The purposes of this part are (1) to encourage the development and implementation of science, mathematics, and engineering education programs at the Department of Energy and at its research and development facilities as part of a national effort to improve science, mathematics, and engineering education; and (2) to provide more efficient coordination among science, mathematics, and engineering education programs.
SEC. 3163. MISSION
Section 102 of the Department of Energy Organization Act (42 U.S.C. 7112) is amended (1) in the second sentence, by striking out "Act" and inserting in lieu thereof "Act:"; (2) in paragraph (17), by striking out "and" after the semicolon; (3) in paragraphs (1) through (18) (A) by capitalizing the first letter of the first word of each such paragraph; and (B) by striking out the semicolon at the end of each such paragraph and inserting in lieu thereof a period; and (4) by adding at the end the following new paragraph: "(19) To ensure that the Department can continue current support of mathematics, science, and engineering education programs by using the personnel, facilities, equipment, and resources of its laboratories and by working with State and local education agencies, institutions of higher education, and business and industry. The Department's involvement in mathematics, science, and engineering education should be consistent with its main mission and should be coordinated with all Federal efforts in mathematics, science, and engineering education, especially with the Department of Education and the National Science Foundation (which have the primary Federal responsibility for mathematics, science, and engineering education).".
SEC. 3164. SCIENCE EDUCATION PROGRAMS 42 u s e 7381a.
(a) PROGRAMS.The Secretary is authorized to establish programs to enhance the quality of mathematics, science, and engineering education. Any such programs shall be operated at or through the support of Department research and development facilities, shall use the scientific resources of the Department, and shall be consistent with the overall Federal plan for education and human resources in science and technology developed by the Federal Coordinating Council for Science, Engineering, and Technology. (b) RELATIONSHIP TO OTHER DEPARTMENT ACTIVITIES.The programs described in subsection (a) shall supplement and be coordinated with current activities of the Department, but shall not supplant them.
SEC. 3165. LABORATORY COOPERATIVE SCIENCE CENTERS AND OTHER 42 u s e 7381b. AUTHORIZED EDUCATION ACTIVITIES
(a) ACTIVITIES.The Secretary is authorized to: (1) Support research appointments for college and university science and engineering students, and for faculty-student teams, at Department research and development facilities.
104 STAT. 1842
(2) Support research appointments for high school science teachers at Department research and development facilities. (3) Support research apprenticeship appointments at Department research and development facilities for students underrepresented in science and technology careers. (4) Support research experience programs at Department research and development facilities for nationally selected high school honor students. (5) Operate mathematics and science education programs for elementary and secondary students at Department research and development facilities. (6) Establish a museum-based science education program. (7) Establish collaborative inner-city and rural partnership programs designed to meet the special mathematics and science education needs of students in inner-city and rural areas. (8) Provide paid administrative leave for employees of the Department or Department research and development facilities who volunteer to interact with schools, colleges, universities, teachers, or students for the purpose of science, mathematics, and engineering education. (9) Establish a talent pool of volunteer scientists, mathematicians, and engineers who have retired from the Department or Department research and development facilities to serve at schools and school districts for the purpose of (A) assisting teachers, with activities such as experiments, lectures, or the preparation of materials; (B) serving as counselors to students on science, mathematics, and engineering; and (C) otherwise assisting science, mathematics, and engineering classes. The Secretary, acting through Department research and development facilities, shall, wherever possible, identify and match schools and school districts with retired scientists, mathematicians, and engineers. (J) Establish a Young Americans' Summer Science Camp Program to provide secondary school students with a hands-on science experience as well as exposure to working scientists and career counseling. (K) Establish a program for mathematics and science teachers to provide teachers serving large numbers of disadvantaged students with new strategies for mathematics and science instruction. (L) Support graduate students and, through university-based cooperative programs, undergraduate students for the purpose of encouraging more students to pursue scientific and technical careers, with a particular focus on the recruitment of women and minority students. (M) Establish a prefreshman enrichment program in which middle-school students attend summer workshops on mathematics, science, and engineering conducted by universities on their campuses. (b) USE OF FACILITIES.Any of the activities authorized by subsection (a) may be conducted through Department research and development facilities. The Secretary may designate facilities conducting education activities as "Laboratory Cooperative Science Centers". (c) FUNDING.The Secretary is authorized to accept non-Federal funds to finance education activities described in subsection (a).

SEC. 3166. EDUCATION PARTNERSHIPS
104 STAT. 1843

42 USC 7381c.
(a) EDUCATION PARTNERSHIPS.The Secretary may authorize each Department research and development facility, to the extent practicable and consistent with the provisions of the laboratory's management and operating contract, to enter into education partnership agreements with educational institutions in the United States (including local educational igencies, colleges, and universities) for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education.
0?) TYPES OF ASSISTANCE.Under a partnership agreement en-
tered into with an educational institution under subsection (a) and as authorized by the Secretary, a Department research and development facility may provide assistance to the educational institution by(1) loaning equipment to the institution; (2) transferring to the institution equipment determined by the director of the Department research and development facility to be surplus; (3) making personnel of Department research and development facilities available to teach science courses or to assist in the development of science courses and materials for the institution; (4) involving faculty and students of the institution in research programs of Department research and development facilities; (5) cooperating with the institution in developing a program under which students may be given academic credit for work on research projects of Department research and development facilities; and (6) providing academic and career advice and assistance to students of the institution.
SEC. 3167. DEFINITIONS 42 USC 7381d.
In this part: (1) The term "Secretary" means the Secretary of Energy. (2) The term "Department" means the Department of Energy. (3) The term "Department research and development facilities" means all Department of Energy single-purpose and multipurpose National Laboratories and research and development facilities and programs, and any other facility or program operated by a contractor funded from the Office of Energy Research of the Department of Energy. (4) The term "local educational agency" has the meaning given that term by section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)).
SEC. 3168. AUTHORIZATION OF APPROPRIATIONS 42 USC 7381e.
There are authorized to be appropriated to the Secretary for carrying out university research support and other science, mathematics, and engineering education programs authorized by this part and administered by the Office of Energy Research of the Department of Energy, $40,000,000 for fiscal year 1991.
104 STAT. 1844

TITLE XXXIIDEFENSE NUCLEAR FACILITIES SAFETY BOARD AUTHORIZATION
SEC. 3201. AUTHORIZATION
There are authorized to be appropriated for fiscal year 1991 $12,500,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. APPOINTMENT AND COMPENSATION OF SCIENTIFIC AND TECHNICAL PERSONNEL OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Section 313(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is amended (1) in paragraph (1), by inserting after "Board," the following: "including such scientific and technical personnel as the Board may determine necessary,"; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by inserting "(1)" after "STAFF."; and (4) by adding at the end the following new paragraph: "(2) The authority and requirements provided in section 161 d. with respect to officers and employees of the Commission shall apply with respect to scientific and technical personnel hired under paragraph (1)(A).". TITLE XXXIIINATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORITY TO BARTER MATERIAL IN THE NATIONAL DEFENSE STOCKPILE TO FINANCE THE UPGRADING, REFINING, OR PROCESSING OF STOCKPILE MATERIAL (a) BARTER AUTHORIZED.Subsection (c) of section 6 of the Strate-
gic and Critical Materials Stock Piling Act (50 U.S.C. 98e) is amended (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: "(3) Notwithstanding section 3(c) or any other provision of law, whenever the President provides under subsection (a)(3) for the upgrading, refining, or processing of a material in the stockpile to convert that material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency, the President may barter a portion of the same material (or any other material in the stockpile that is authorized for disposal) to finance that upgrading, refining, or processing.". (b) CONFORMING AMENDMENTS.Section 6 of such Act is further amended (1) in subsection (aX3) (A) by striking out "refining" and inserting in lieu thereof "upgrading, refining,"; (B) by inserting "(notwithstanding any intermediate stockpile quantity established for such material)" after "stockpile"; and (C) by striking out "storage and subsequent disposition;" and inserting in lieu thereof "storage, subsequent disposition, and immediate use in a national emergency;";
104 STAT. 1845
(2) in subsection (c)(1) (A) by inserting "under subsection (a)(1)" after "the acquisition"; and (B) by inserting "under subsection (a)(5) or (aX6)" after "the disposal"; and (3) in subsection (c)(2) (A) by striking out ", the disposition of which is authorized by law,' and inserting in lieu thereof the following: "(the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law)"; and (B) by striking out "of refining" and inserting in lieu thereof "of upgrading, refining". (c) EFFECT OF BARTERING.Section 9 of such Act (50 U.S.C. 98h) is amended by adding at the end the following new subsection: "(d) If, during a fiscal year, the National Defense Stockpile Manager barters materials in the stockpile for the purpose of acquiring, upgrading, refining, or processing other materials (or for services directly related to that purpose), the contract value of the materials so bartered shall "(1) be applied toward the total value of materials that are authorized to be disposed of from the stockpile during that fiscal year; "(2) be treated as an acquisition for purposes of satisfying any requirement imposed on the National Defense Stockpile Manager to enter into obligations during that fiscal year under subsection (bX2); and "(3) not increase or decrease the balance in the fund.".
SEC. 3302. TRANSFER OF FUNDS
(a) TRANSFER.The Secretary of Defense shall, subject to such limitations as may be provided in appropriations Acts, transfer $100,000,000 from the unobligated balance of the National Defense Stockpile Transaction Fund to the account established under section 2371(e) of title 10, United States Code. (b) LIMITATION ON USE.Funds transferred pursuant to subsection (a) may be used only for the purpose of^ (1) improving the quality and availability of materials stockpiled from time to time under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a et seq.); or (2) developing new materials for the National Defense Stockpile. TITLE XXXIVCIVIL DEFENSE
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS
There is hereby authorized to be appropriated $149,117,000 for fiscal year 1991 for the purpose of carrying out the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251 et seq.).
Panama Canal Commission Authorization SEC. 3501. SHORT TITLE Act for Fiscal This title may be referred to as the "Pginama Canal Commission Year 1991.
TITLE XXXVPANAMA CANAL COMMISSION
Authorization Act for Fiscal Year 1991".
104 STAT. 1846
SEC. 3502. AUTHORIZATION OF EXPENDITURES
(a) IN GENERAL.The Panama Canal Commission is authorized to make such expenditures within the limits of funds and borrowing authority available to it in accordance with law, and to make such contracts and commitments, without regard to fiscal year limitations, as may be necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.), for the operation, maintenance, and improvement of the Panama Canal for fiscal year 1991, except that not more than $52,000 for such fiscal year may be made available for official reception and representation expenses, of which (1) not more than $12,000 may be made available for such expenses of the supervisory board of the Commission; (2) not more than $6,000 may be made available for such expenses of the Secretary of the Commission; and (3) not more than $34,000 may be made available for such expenses of the Administrator of the Commission.
(b) PURCHASE OF PASSENGER MOTOR VEHICLES.Funds available to
the Panama Canal Commission for fiscal year 1991 shall be available for the purchase of passenger motor vehicles (including large heavy-duty vehicles) used to transport personnel of the Commission across the Isthmus of Panama. Such vehicles may be purchased without regard to price limitations prescribed by law or regulation.
SEC. 3503. GENERAL PROVISIONS
(a) PAY INCREASES.Funds for the Panama Canal Commission may be obligated for fiscal year 1991, notwithstanding section 1341 of title 31, United States Code, to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the United States in comparable positions.
Ot)) EXPENSES IN ACCORDANCE WITH LAW.Expenditures au-
thorized under this title may be made only in accordance with the Panama Canal Treaties of 1977 and any law of the United States implementing those treaties.
SEC. 3504. COMPENSATION FOR BOARD MEMBERS
Section 1102(b) of the Panama Canal Act of 1979 (22 U.S.C. 3612(b)) is amended by striking "grade GS-18 of the General Schedule under section 5332" in the last sentence and inserting "level V of the Executive Schedule under section 5316".
SEC. 3505. COMPENSATION FOR DEPUTY ADMINISTRATOR AND CHIEF ENGINEER
Section 11040)) of the Panama Canal Act of 1979 (22 U.S.C. 3614(b)) is amended by inserting before the period ", and, if eligible, shall each be paid the overseas recruitment or retention differential provided for in section 1217 of this Act".
SEC. 3506. RETIREMENT
(a) ELIGIBILITY.Section 8336(i) of title 5, United States Code, is amended (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: "(3) An employee of the Panama Canal Commission employed by that body after September 30, 1979, who is separated from the
104 STAT. 1847
Panama Canal Commission before January 1, 2000, and who at the time of separation has a minimum of 11 years of continuous employment with the Commission (disregarding any break in service of 3 days or less) is entitled to an annuity if the employee is separated "(A) involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or "(B) voluntarily, after completing 23 years of service or after becoming 48 years of ag^ and completing 18 years of service.". (b) COMPUTATION.Section 8339(d) of title 5, United States Code, is amended by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following: "(3) The annuity of an employee retiring under this subchapter who is employed by the Panama Canal Commission at any time during the period beginning October 1, 1990, and ending December 31, 1999, is computed, with respect to any period of service with the Panama Canal Commission, by adding "(A) IVi percent of the employee's average pay multiplied by so much of that service as does not exceed 20 years; plus "(B) 2 percent of the employee's average pay multiplied by so much of that service as exceeds 20 years.". (c) UNFUNDED LIABIUTY.Section 8348(i)(l) of title 5, United States Code, is amended by striking "1979." and inserting "1979, and the amendments made by section 3506 of the Panama Canal Commission Authorization Act for Fiscal Year 1991.".
SEC. 3507. AMENDMENTS TO PANAMA CANAL COMPENSATION FUND ACT OF 1988
Section 5 of the Panama Canal Commission Compensation Fund Act of 1988 (22 U.S.C. 3715c) is amended (1) by striking "Upon the termination of the Panama Canal Commission:"; (2) in subsection (a) (A) by striking "The Secretary of Labor" and inserting "Upon the termination of the Panama Canal Commission, the Secretary of Labor"; and (B) by striking the last sentence; (3) in subsection (b) (A) by inserting "under subsection (a)" after "Secretary of Labor"; and (B) by striking "Employees Compensation"; and (4) by adding at the end the following new subsection: "(c) CONTINUITY OF THE FUND.(1) Amounts in the Fund (including amounts transferred as a result of the final determination made under subsection (a)) shall be maintained by the Secretary of the Treasury, shall be made available for transfer to the Employees' Compensation Fund in such amounts as are requested by the Secretary of Labor pursuant to section 4, and may be discontinued only in accordance with paragraph (2). "(2) At such time as the Secretary of Labor certifies that no further liability exists for workers compensation benefits or other payments described in section 3(a), the Secretary of the Treasury may discontinue the Fund in the manner provided by law.".
104 STAT. 1848
Economic D?rsSon
Conversion, and Stabilization Act of 1990. 10 u s e 2391 note.
DIVISION DECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND STABILIZATION

This division may be cited as the "Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990".
SEC. 4002. FINDINGS AND POLICY
(a) FINDINGS.Congress makes the following findings: (1) There are likely to be significant reductions in the programs, projects, and activities of the Department of Defense during the first several fiscal years following fiscal year 1990. (2) Such reductions will adversely affect the economies of many communities in the United States and small businesses and civilian workers throughout the United States. (b) POLICY.In view of the findings expressed in subsection (a), it is the policy of the United States that (1) assistance be provided under existing planning assistance programs and economic adjustment assistance programs of the Federal Government to substantially and seriously affected communities, businesses, and workers to the extent necessary to facilitate an orderly transition for such communities, small businesses, and workers from economic reliance on Department of Defense spending to economic reliance on other sources of business, employment, and revenue; and (2) funding for such programs be increased by amounts necessary to meet the needs of such communities, small businesses, and workers without reducing the funding that would otherwise be available under those programs by reason of causes unrelated to the reductions referred to in subsection (a)(1).
SEC. 4003. DEFINITIONS
For purposes of this division: (1) The term "major defense contract or subcontract" means (A) any defense contract in an amount not less than $5,000,000 (without regard to the date on which the contract was awarded); and (B) any subcontract which (i) is entered into in connection with a contract (without regard to the effective date of the subcontract); and (ii) involves not less than $500,000. (2) The term "Economic Adjustment Committee" or "Committee" means the Economic Adjustment Committee established in Executive Order 12049 (10 U.S.C. I l l note). (3) The term "defense facility" means any private or government facility producing goods or services pursuant to a defense contract. (4) The term "military installation" means a base, camp, post, station, yard, center, or homeport facility for any ship in the United States, or any other facility under the jurisdiction of a military department located in the United States. (5) The term "substantially and seriously affected" means
104 STAT. 1849
(A) when such term is used in conjunction with the term "community", a community (i) which has within its administrative and political jurisdiction one or more military installations or defense facilities or which is economically affected by proximity to a military installation or defense facility; (ii) in which the actual or threatened curtailment, completion, elimination, or realignment of a defense contract results in a workforce reduction of (I) 2,500 or more employee positions, in the case of a Metropolitan Statistical Area or similar area (as defined by the Director of the Office of Management and Budget); (II) 1,000 or more employee positions, in the case of a labor market area outside of a Metropolitan Statistical Area; or (III) one percent of the total number of civilian jobs in that area; and (iii) which establishes, by evidence, that any workforce reduction referred to in clause (ii) occurred as a direct result of changes in Department of Defense requirements or programs; (B) when such term is used in conjunction with the term "businesses" any business which (i) holds a major defense contract or subcontract (or held such contract or subcontract before a reduction in the defense budget); (ii) experiences a reduction, or the threat of a reduction, of (I) 25 percent or more in sales or production; or (II) 80 percent or more of the workforce of such business in any division of such business or at any plant or other facility of such business; and (iii) establishes, by evidence, that the reductions referred to in clause (ii) occurred as a direct result of a reduction in the defense budget; and (C) when such term is used in conjunction with the term "group of workers", any group of 100 or more workers at a defense facility who are (or who are threatened to be), eligible to participate in the defense conversion adjustment program under section 325 of the Job Training Partnership Act (as added by section 4202 of this division).
SEC. 4004. CONTINUATION OF ECONOMIC ADJUSTMENT COMMITTEE (a) TERMINATION OR ALTERATION PROHIBITED.The Economic
Adjustment Committee established in Executive Order 12049 (10 U.S.C. I l l note) may not be terminated and the duties of the Committee may not be significantly altered unless specifically authorized by a law. (b) CHAIRMAN.The chairmanship of the Economic Adjustment Committee shall rotate between the Secretary of Defense, the Secretary of Commerce, and the Secretary of Labor on a yearly basis. (c) DUTIES OF COMMITTEE.The Economic Adjustment Committee shall (1) coordinate and facilitate cooperative efforts among Federal agencies represented on the Committee to implement defense economic adjustment programs;
104 STAT. 1850

Intergovernmental relations. Reports.

(2) serve as an information clearinghouse for and between Federal, State, and local entities regarding their defense economic adjustment efforts; and (3) submit to the President and Congress, not later than December 1, 1991, and each December 1 thereafter, a report that (A) describes Federal economic adjustment programs available to communities, businesses, and groups of workers; (B) describes the implementation of defense economic adjustment assistance during the preceding fiscal year; and (C) specifies the number of communities, businesses, and workers affected by defense budget reductions during the preceding fiscal year and such number assisted by Federal economic adjustment programs during that fiscal year. TITLE XLIECONOMIC ADJUSTMENT PLANNING
10 u s e 2391 note.
SEC. 4101. NOTIFICATION
(a) I N GENERAL.The Chairman of Economic Adjustment Committee shall establish procedures to ensure that the head of the appropriate Federal agencies promptly notify the appropriate official or other person or party described in subsection (b) with respect to any community, business, or group of workers that may be substantially and seriously affected as a result of (1) the annual budget of the President submitted to Congress pursuant to section 1105 of title 31, United States Code, and any longer-term guidance document of the Secretary of Defense; (2) the public announcement of the realignment or closure of a military installation or defense facility; or (3) the cancellation or curtailment of a major defense contract. (b) PERSONS To RECEIVE NOTICE.The officials, persons, and other parties referred to in subsection (a) are (1) the chief elected executive official of an affected State; (2) the mayor of an affected city; (3) the executive or other appropriate representative of any other affected political subdivision of a State; and (4) the head of a national or international labor organization, the headquarters of which is located in the United States, which represents a substantially and seriously affected group of workers.
(c) BENEFIT INFORMATION REQUIRED TO ACCOMPANY NOTICE.Each
notice under subsection (a) shall contain information describing Federal economic adjustment programs available to communities, businesses, and groups of workers.
(d) NOTIFICATION OF COMMUNITIES AFFECTED BY DEFENSE REAUGN-
MENT BEFORE DATE OF ENACTMENT.The information provided under subsection (a) shall include information regarding actions referred to in such subsection which were (1) proposed in the budget of the President which was submitted to Congress during the period beginning on January 1, 1990, and ending on the date of the enactment of this Act; or (2) otherwise announced during such period.
104 STAT. 1851
SEC. 4102. ECONOMIC ADJUSTMENT PLANNING ASSISTANCE THROUGH THE DEPARTMENT OF DEFENSE
(a) IN GENERAL.Any substantially and seriously affected community shall be eligible for economic adjustment planning assistance through the Office of Economic Adjustment in the Department of Defense under subsection (b) of section 2391 of title 10, United States Code, subject to subsection (e) of such section. Such assistance shall be provided in accordance with the standards, procedures, and priorities established by the Committee under this division. (h) CONFORMING AMENDMENT TO TITLE 10.Section 239103) of title 10, United States Code, is amended (1) by striking out paragraphs (3), (4), and (6); (2) by redesignating paragraph (5) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph (3): "(3) In the case of a publicly-announced planned reduction in Department of Defense spending, the cancellation or termination of a Department of Defense contract, or the failure to proceed with a previously approved major defense acquisition program, assistance may be made under paragraph (1) only if the reduction cancellation, termination, or failure will have a direct and significant adverse impact on a community and will result in the loss of "(A) 2,500 or more employee positions, in the case of a Metropolitan Statistical Area or similar area (as defined by the Director of the Office of Management and Budget); "(B) 1,000 or more employee positions, in the case of a labor market area outside of a Metropolitan Statistical Area; or "(C) one percent of the total number of civilian jobs in that area.".
SEC. 4103. COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION
(a) IN GENERAL.A community that has been determined by the Economic Development Administration of the Department of Commerce or the Office of Economic Adjustment of the Department of Defense, in accordance with the standards and procedures established by the Economic Adjustment Committee, to be a substantially and seriously affected community shall be eligible for economic adjustment assistance authorized under title IX of the Public Works and Economic Development Act of 1965, subject to the availability of appropriations for such purpose and subject to meeting the eligibility requirements of such title. (b) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated to the Secretary of Defense for fiscal year 1991 $50,000,000 for purposes of carrying out subsection (a). Any amount appropriated pursuant to this subsection shall remain available until expended. TITLE XLIIADJUSTMENT ASSISTANCE FOR EMPLOYEES
SEC. 4201. SECRETARY OF DEFENSE NOTICE REQUIREMENT
10 USC 2391
note.
(a) INFORMATION TO BE PROVIDED.The Secretary of Defense
shall (1) provide timely information to the Secretary of Labor on (A) any proposed closure of, or substantial reduction in, military installations; and
104 STAT. 1852
(B) any proposed cancellation of, or reduction in, any contract for products or services for the Department of Defense, if the proposed closure, cancellation, or reduction will have a substantial impact on employment; (2) when feasible, identify the location at which employment which will be affected by such closure, cancellation, or reduction; and (3) provide to the Secretary of Labor information with respect to such proposed closure, cancellation, or reduction. (b) NOTIFICATION TO GOVERNOR OF STATE CONCERNED.If the Secretary of Labor receives information under subsection (a), the Secretary shall notify the Governor of each State in which such proposed closure, cancellation, or reduction will occur pursuant to guidelines established by the Economic Adjustment Committee to avoid duplicative notification.
SEC. 4202. DEFENSE CONVERSION ADJUSTMENT PROGRAM
Part B of title III of the Job Training Partnership Act (29 U.S.C. 1662-1662c) is amended by adding at the end the following new section:
"DEFENSE CONVERSION ADJUSTMENT PROGRAM
?9ÎJS(?16^T*^'
"^^C' 325. (a) IN GENERAL.From the amount appropriated pursuant to section 4203 of the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, the Secretary may make grants to States, substate grantees, employers, employer associations, and representatives of employees to provide training, adjustment assistance, and employment services to eligible employees adversely affected by reductions in expenditures by the United States for defense or by closures of United States military facilities. For purposes of this section, an eligible employee is an eligible dislocated worker as defined in section 301(a) who has been terminated or laid off, or has received a notice of termination or lay off, as a consequence of reductions in expenditures by the United States for defense or by closures of United States military facilities as determined in accordance with regulations of the Secretary. "(b) APPUCATION.In reviewing applications for grants under subsection (a), the Secretary shall give priority to applications from areas which have the greatest number of eligible employees. "(c) USE OF FUNDS.Grants under subsection (a) may be used for any purpose for which funds may be used under section 314 or this part. "(d) DEMONSTRATION PROJECTS.In carrying out the grant program established under subsection (a), the Secretary may make grants to entities referred to in that subsection for the purpose of developing demonstration projects to encourage and promote innovative responses to the dislocation resulting from reductions in expenditures by the United States for defense or by the closure of United States military installations. Such demonstration projects may include "(1) projects to facilitate the placement of eligible employees in occupations experiencing skill shortages that will make use of the skills acquired by the eligible employees during their employment;
104 STAT. 1853
"(2) projects to assist in retraining and reorganization efforts designed to avert layoffs that would otherwise occur as a result of such reductions or closures; and "(3) projects to assist communities in addressing and reducing the impact of such economic dislocation.".
SEC. 4203. AUTHORIZATION OF APPROPRIATIONS
(a) AUTHORIZATION.There are authorized to be appropriated to the Secretary of Defense $150,000,000 for fiscal year 1991 to carry out section 4201 and the amendment made by section 4202. Amounts appropriated pursuant to this subsection shall remain available until expended. 0?) ADMINISTRATIVE EXPENSES.Of amounts appropriated pursuant to this section, not more than five percent may be retained by the Secretary of Labor for the administration of the activities authorized by the amendment made by section 4202. TITLE XLIIIEXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS
SEC. 4301. EXPANSION OF SMALL BUSINESS LOAN PROGRAM
lO USC 2391 "*

President.
Not later than 180 days after the date of the enactment of this Act, the President, acting with the assistance of the Committee and after consulting experts in government and the private sector, shall transmit to the Congress recommendations regarding ways that assistance provided pursuant to the business loan program under section 7(a) of the Small Business Act of 1958 may be used to respond to the consequences of defense budget reductions.
SEC. 4302. ECONOMIC PLANNING PROJECTS (a) ASSISTANCE ASSISTANCE FOR EXCEPTIONAL Development
AUTHORIZED.The
Economic
Administration, in the case of assistance under title IX of the Public Works and Economic Development Act of 1965, and the Office of Economic Adjustment, in the case of planning assistance under section 239106) of title 10, United States Code, may award planning assistance under those programs to any substantially and seriously affected community, on behalf of a business, group of businesses, or group of workers, if such planning funds are determined by the agency concerned to be necessary and appropriate as a catalyst for projects which the agency determines, on a case-by-case basis, have exceptional promise for achieving the objectives of this division. (b) CONDITIONS ON ASSISTANCE.Awards under this section shall be subject to the availability of appropriations for such purpose and shall be made in accordance with any other applicable provisions of law.
SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN DEFENSE PRODUCTION (a) EXPORT-IMPORT BANK. (1) SENSE OF CONGRESS ON PLAN FOR EXPANSION.It is the
sense of Congress that the United States businesses undergoing transition from defense production to nondefense production will need assistance in seizing export markets overseas. Therefore, in order to provide financial support for such businesses, as well as meeting other normal demands on its resources, the
104 STAT. 1854

annual direct lending authority of the Export-Import Bank of the United States should be increased by at least 150 percent from the fiscal year 1990 level over the five-year period beginning October 1,1990.
(2) REPORT OF FEASIBILITY.Before September 30, 1990, the
President.
President, acting with the assistance of the Committee and after consulting the Board of Directors of the Export-Import Bank of the United States and other experts in government and the private sector, shall transmit to the Congress a report assessing the feasibility and desirability of a program for increasing the amount of direct loan authority in the manner described in paragraph (1) and the factors considered in making such assessment.
(3) TRANSITION TO NONDEFENSE PRODUCTION REQUIRED TO BE
CONSIDERED.In determining whether to provide financial support for an export transaction, the Export-Import Bank of the United States shall take into account, to the extent feasible and in accordance with applicable standards and procedures established by the bank in consultation with the Committee, the fact that the product or service is produced or provided by any business or group of workers which (A) was substantially and seriously affected by defense budget reductions; and (B) is in transition from defense to nondefense production.
03) SBA USE OF AUTHORITY FOR EXPORT FINANCING ASSISTANCE.
In determining whether to provide financial or other assistance under the Small Business Act, title VIII of the Omnibus Trade and Competitiveness Act of 1988, or any program referred to in section 4301 to any small business involved in, or attempting to become involved in, the export of any product or service, the Administrator of the Small Business Administration shall take into account the fact that such product or service is produced or provided by any business or group of workers which (1) has been substantially and seriously affected by defense budget reductions; and (2) is in transition from defense to nondefense production.
(c) COORDINATION AND INTEGRATION OF ACTIVITIES AND ASSISTANCE
WITH OTHER AGENCIES.In providing additional financial gissistance
pursuant to any increase in loan authority under this division (1) Federal agencies concerned with international trade shall participate in the process of coordination conducted by the Committee pursuant to section 4003(b); and (2) such Federal agencies shall attempt, to the maximum extent practicable, to coordinate and integrate the activities and assistance of the agencies in support of exports, including financial assistance in the form of direct loans, loan guarantees, and insurance, general trade promotion, marketing assistance, and marketing and commercial information, in a manner consistent with the purposes of this division (and the amendments made by this division to other provisions of law). (d) REPORTING.The annual report&.made by the Export-Import Bank of the United States and the Administrator of the Small Business Administration and the annual economic stabilization and adjustment report under section 4003 of this division shall include a description of the extent to which the bank and the Administrator are
104 STAT. 1855
(1) providing financing described in subsections (a)(2) and (b), respectively, to businesses or groups of workers which were substantially and seriously affected by defense budget reductions; and (2) coordinating and integrating export support and financing activities with other Federal agencies.
SEC. 4304. BENEFIT INFORMATION FOR BUSINESSES (a) INFORMATION REQUIRED TO B E PROVIDED.The Secretary of
Commerce and the Administrator of the Small Business Administration shall provide any business affected by defense budget reductions with a complete description of available programs which provide any business, whether on an industrywide or an individual basis, with any planning assistance, financial, technical, or managerial assistance, worker retraining assistance, or other assistance authorized under this division. (b) EFFECTIVE NOTIFICATION SYSTEM.The Secretary of Commerce and the Administrator of the Small Business Administration shall take such action as may be appropriate to ensure, to the maximum extent practicable, that each business affected by defense budget reductions receives the information required to be provided under subsection (a) on a timely basis. Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 4739 (S. 2884): HOUSE REPORTS: No. 101-665 (Coram, on Armed Services) and No. 101-923 (Comm. of Conference). SENATE REPORTS: No. 101-384 accompanying S. 2884 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 136 (199()): Aug. 1-4, S. 2884 considered and passed Senate. Sept. 11, 12, 18, 19, H.R. 4739 considered and passed House. Sept. 25, considered and passed Senate, amended, in lieu of S. 2884. Oct. 24, House agreed to conference report. Oct. 26, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
104 STAT. 1856
Public Law 101-511 101st Congress An Act

Nov. 5, 1990 [H.R. 5803] Department of Defense Appropriations Act, 1991. Armed Forces. Arms and munitions. Making appropriations for the Department of Defense for the fiscal year ending September 30, 1991, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1991, for military functions administered by the Department of Defense, and for other purposes, namely: TITLE! MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $23,869,226,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $19,065,967,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 229(b)
104 STAT. 1857
of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $5,897,502,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $19,738,372,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3021, and 3038 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $2,363,300,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $1,645,000,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $336,400,000.
104 STAT. 1858

RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8021, and 8038 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Air Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $686,800,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under section 265, 3021, or 3496 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $3,379,500,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 265, 8021, or 8496 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $1,098,400,000. TITLE II OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $14,437,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $21,515,694,000: Provided, That $273,000 shall be available only for the 1991 Capitol Fourth Project.

OPERATION AND MAINTENANCE, NAVY
104 STAT. 1859
For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $4,257,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $23,161,647,000: Provided, That from the amounts of this appropriation for the alteration, overhaul and repair of naval vessels and aircraft, funds shall be available to acquire the alteration, overhaul and repair by competition between public and private shipyards, Naval Aviation Depots and private companies. The Navy shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private shipyards. Naval Aviation Depots, and private companies. Competitions shall not be subject to section 2461 or 2464 of title 10, United States Code, or to Office of Management and Budget Circular A-76. Naval Aviation Depots may perform manufacturing in order to compete for production contracts: Provided further, That funds appropriated or made available in this Act shall be obligated and expended to restore and maintain the facilities, activities and personnel levels, including specifically the medical facilities, activities and personnel levels, at the Memphis Naval Complex, Millington, Tennessee, to the fiscal year 1984 levels: Provided further. That the Navy may provide notice in this fiscal year to exercise options under the LEASAT program for the next fiscal year, in accordance with the terms of the Aide Memoire, dated January 5, 1981, as amended by the Aide Memoire dated April 30, 1986, and as implemented in the LEASAT contract: Provided further, That notwithstanding section 2805 of title 10, United States Code, of the funds appropriated herein, $2,000,000 shall be available only for a grant to the Cabot/ Dedalo Museum Foundation. These funds shall be available solely for project costs and none of the funds are for remuneration of any entity or individual associated with fund raising for the project: Provided further, That not less than $15,000,000 shall be made available only for the upgrade of port facilities in Israel in support of United States naval forces.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $1,892,200,000: Provided, That of the funds appropriated in this paragraph, none may be used for the conversion of facilities maintenance, utilities, and motor transport functions at Cherry Point Marine Corps Air Station, North Carolina, to performance by private contractor under the procedures and requirements of 0MB Circular A-76 until the General Accounting Office completes their audit and validates the decision.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $8,433,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority
104 STAT. 1860
of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes; $20,060,735,000.
OPERATION AND MAINTENANCE, DEFENSE AGENCIES (INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; $8,448,957,000, of which not to exceed $35,000,000 may be available for the CINC initiative fund account; and of which not to exceed $14,661,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes; and of which $561,300,000 shall be available for the Special Operations Command: Provided, That of the funds appropriated by this paragraph, $200,000,000 shall be available until September 30, 1993, only to the Department of Defense Office of Economic Adjustment to assist State and local governments significantly impacted by reductions in defense industry employment or reductions in the number of Department of Defense military and civilian personnel residing in such States and communities: Provided further. That any unspecified reduction to be applied to appropriations available for civilian personnel costs required for fiscal year 1991 shall be applied on an equitable basis to all Defense agencies, the Office of the Secretary of Defense, and the Washington Headquarters Services: Provided further. That appropriations available for civilian personnel costs of the Special Operations Command shall not be included in determining the amount of reductions to be applied nor shall such reductions be applied to such personnel costs: Provided further. That $10,000,000 shall only be available during the current fiscal year for carrying out the purpose of section 306 of Public Law 101-189, except that the Secretary of Defense, in consultation with the Secretary of Education, shall consider a local education agency as described in subsection (a) of section 306, as eligible for pa)mient only if such agency is unable, without the addition of such assistance, to provide a level of education for such students equivalent to the comparable level of education provided within the State in which such students reside (as determined by comparable student data), and at least 35 percent of the local educational agency's aversige daily attendance are military dependent students eligible for funding under sections 3(a) and/or 3(b) of Public Law 81-874: Provided further. That of this $10,000,000, $886,000 shall be available only for the Killeen, Texas, Independent School District and $167,000 shall be available only for the Copperas Cove, Texas, Independent School District: Provided further. That of the funds appropriated in this paragraph, $912,000 shall be available only for transfer to the Library of Congress: Provided further. That of the funds appropriated for the Special Operations Command, not less than $69,500,000 shall be transferred to the Operation and Maintenance appropriations of the Reserve Components for execution: Provided further. That $4,000,000 shall be available only for the establishment of the Japanese American Museum as a component of the Japanese American Cultural Center in Ontario, Oregon.

OPERATION AND MAINTENANCE, ARMY RESERVE
104 STAT. 1861
For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $909,100,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $998,000,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $84,800,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $1,065,900,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $1,980,400,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in nonFederal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration
104 STAT. 1862
1%
of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; $2,247,200,000.
N A T I O N A L BOARD FOR THE PROMOTION OF R I F L E PRACTICE, A R M Y
For the necessary expenses and personnel services (other than pay and non-travel-related allowances of members of the Armed Forces of the United States, except for members of the Reserve components thereof called or ordered to active duty to provide support for the national matches) in accordance with law, for construction, equipment, and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; the conduct of the national matches; the issuance of ammunition under the authority of title 10, United States Code, sections 4308 and 4311; the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; and the payment to competitors at national matches under section 4312 of title 10, United States Code, of subsistence and travel allowances under section 4313 of title 10, United States Code; not to exceed $5,000,000, of which not to exceed $7,500 shall be available for incidental expenses of the National Board.
COURT OF MILITARY APPEALS, DEFENSE
For salaries and expenses necessary for the United States Court of Military Appeals; $5,400,000 and not to exceed $2,500 can be used for official representation purposes.
ENVIRONMENTAL RESTORATION, DEFENSE (INCLUDING TRANSFER OF FUNDS)
""
For the Department of Defense; $1,062,527,000, to remain available until transferred: Provided, That the Secretary of Defense shall, upon determining that such fiinds are required for environmental restoration, reduction and recycling of hazardous waste, " research and development associated with hazardous wastes and removal of unsafe buildings and debris of the Department of Defense, or for similar purposes (including programs and operations at sites formerly used by the Department of Defense), transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense as the Secretary may designate, to be merged with and to be available for the same purposes and for the same time period as the appropriations of funds to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appro-
104 STAT. 1863
priation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation.
HUMANITARIAN ASSISTANCE
For transportation for humanitarian relief for refugees of Afghanistan, acquisition and shipment of transportation assets to assist in the distribution of such relief, and for transportation and distribution of humanitarian and excess nonlethal supplies for worldwide humanitarian relief, as authorized by law; $15,000,000, to remain available for obligation until September 30, 1992: Provided, That the Department of Defense shall notify the Committees on Appropriations and Armed Services of the Senate and House of Representatives 21 days prior to the shipment of humanitarian relief which is intended to be transported and distributed to countries not previously authorized by Congress. TITLE III PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $1,096,182,000, to remain available for obligation until September 30,1993.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $2,218,422,000 to remain available for obligation until September 30,1993.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, includ-
104 STAT. 1864
ing the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes; $2,172,021,000, to remain available for obligation until September 30,1993.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized in military construction authorization Acts or authorized by section 2854, title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes; $1,367,549,000, to remain available for obligation until September 30,1993.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed 6 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $165,000 per vehicle; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes; $2,453,057,000, to remain available for obligation until September 30,1993.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; $7,810,452,000, to remain available for obligation until September 30, 1993.

WEAPONS PROCUREMENT, NAVY
104 STAT. 1865
For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, other ordnance and ammunition, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, as follows: Ballistic Missile Programs, $1,540,001,000; Other Missile Programs, $2,935,256,000; Mark-48 ADCAP Torpedo, $350,291,000; Mark-50 Torpedo, $328,266,000; ASW Targets, $26,409,000; ASROC, $20,156,000; Modification of Torpedoes, $11,740,000; Quickstrike mine, $16,096,000; Support Equipment and Logistics Support, $88,360,000; Other Weapons, $202,146,000; Other Ordnance, $306,450,000; In all: $5,825,171,000, to remain available for obligation until September 30,1993.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or conversion of vessels is authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: TRIDENT ballistic missile submarine program, $1,331,201,000; SSN-21 attack submarine program, $1,783,000,000: Provided, That the Secretary of Defense shall ensure the Secretary of the Navy considers all available options under applicable statutes and regulations in the development and promulgation of the acquisition strategy for the SSN-21: Provided further. That the Secretary of the Navy shall compete the award for the next SSN-21 submarine: Provided further. That the Secretary of the Navy shall consider all applicable factors in making an award including the desirability of a competitive acquisition strategy for the entire SSN-21 program; Aircraft carrier service life extension program, $405,000,000: Provided, That these funds are available only for advance procurement of material and other efforts associated with the industrial availability of the U.S.S. KENNEDY at the Philadelphia Naval Shipyard leading to the extension of the service life of the carrier; DDG-51 destroyer program, $3,113,003,000;
39-194 O - 91 - 17 : QL 3 Part 3
104 STAT. 1866
LHD-1 amphibious assault ship program, $959,800,000; LSD-41 dock landing ship cargo variant program, $240,000,000; MHC coastal mine hunter program, $204,000,000; AOE combat support ship program, $398,200,000; LCAC landing craft air cushion program, $267,900,000; Oceanographic ship program, $43,100,000; Sealift ship program, $900,000,000: Provided, That $30,000,000 shall be available only for the purchase of one existing petroleum product tanker; For craft, outfitting, and post delivery, $409,800,000; For first destination transportation, $5,800,000; In all: $10,160,804,000, which includes $100,000,000 for the DDG-51 destroyer program in addition to funds provided heretofore in this paragraph, to remain available for obligation until September 30, 1995: Provided, That additional obligations may be incurred after September 30, 1995, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further. That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards: Provided further. That of the funds appropriated in this paragraph, not less than $23,000,000 shall be available only to procure thirty Advanced Video Processor units and associated display heads.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of not to exceed 2 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $165,000 per vehicle; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $5,627,160,000, to remain available for obligation until September 30, 1993, of which not less than $160,000,000 shall be for the procurement of sonobuoys: Provided, That of the funds appropriated in this paragraph, not less than $42,000,000 shall be available only to procure fifty-three Advanced Video Processor units and associated display heads.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and expansion of public and private plants.
104 STAT. 1867
including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; $719,141,000, to remain available for obligation until September 30,1993.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $9,541,455,000, to remain available for obligation until September 30,1993.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $5,813,532,000, to remain available for obligation until September 30,1993.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed 4 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $165,000 per vehicle; and expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; $7,503,356,000, to remain available for obligation until September 30,1993.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons, and other procurement for the reserve
104 STAT. 1868
components of the Armed Forces; $2,463,700,000, to remain available for obligation until September 30,1993.
PROCUREMENT, DEFENSE AGENCIES
For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed 4 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exeeed $165,000 per vehicle; and the purchase of not to exceed 653 passenger motor vehicles of which 650 shall be for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government Eind contractor-owned equipment layaway; $2,354,646,000, to remain available for obligation until September 30, 1993, of which $618^36,000 shall be available for the Special Operations Command.
DEFENSE PRODUCTION ACT PURCHASES
For purchases or commitments to purchase metals, minerals, or other materials by the Department of Defense pursuant to section 303 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093); $50,000,000, to remain available until expended: Provided, That none of these funds shall be obligated for any metal, mineral, or material, unless a Presidential determination has been made in accordance with the Defense Production Act: Provided further. That the Department of Defense shall notify the Committees on Appropriations of the House of Representatives and the Senate thirty days prior to the release of funds for any metal, mineral, or material not previously approved by Congress. TITLE IV RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $5,607,379,000, to remain available for obligation until September 30, 1992, of which not less than $5,480,000 is available only for the Vectored Thrust Combat Agility Demonstrator flight test program utilizing the Vectored Thrust Ducted Propeller.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $9,037,684,000, to remain available for obligation
104 STAT. 1869
until September 30, 1992: Provided, That for continued research and development programs at the National Center for Physical Acoustics, centering on ocean acoustics as it applies to advanced antisubmarine warfare acoustics issues with focus on ocean bottom acousticsseismic coupling, sea-surface and bottom scattering, oceanic ambient noise, underwater sound propagation, bubble related ambient noise, acoustically active surfaces, machinery noise, propagation physics, solid state acoustics, electrorheological fluids, transducer development, ultrasonic sensors, and other such projects as may be agreed upon, $1,000,000 shall be made available, as a grant, to the Mississippi Resource Development Corporation, of which not to exceed $250,000 of such sum may be used to provide such special equipment as may be required for particular projects: Provided further, That not less than $24,000,000 of the funds appropriated in this paragraph shall be made available to Competitive Technologies Incorporated for efforts associated with advanced shipbuilding design, materials, and manufacturing technologies: Provided further. That of the funds appropriated to the Navy in fiscal year 1990 for Research, Development, Test and Evaluation, not less than $10,000,000 is available only for the Skipper Missile Enhancement Program: Provided further. That not less than $71,000,000 of the funds appropriated in this paragraph is available only to continue development and testing of the Sea Lance weapon system, to produce a technical data package, and to pursue technology and prodetion engineering improvements: Provided further. That $15,000,000 shall be obligated for a Fast Sealift Technologies Development Program within 90 days after enactment of this Act: Provided further, That during fiscal year 1991, in modification and supersession of the provisions of section 2361 of title 10, United States Code, the Secretary of the Navy shall award contracts or grants to the following universities in the amounts specified, to be provided from funds available under this heading for the Navy Defense Research Sciences and Industrial Preparedness programs: University of Hawaii at Manoa, $6,000,000; University of Utah, $8,900,000: Provided further. That the contracts or grants awarded pursuant to the previous proviso are to be awarded in contravention of section 2361(a) of title 10, United States Code: Provided further, That, in awarding such contracts or grants, the provisions of sections 2304 and 2361(b)(2) of title 10, United States Code, shall not apply to the contracts or grants covered by the preceding two provisos.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
Government )ntracts. ^^^ programs.
For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $11,961,310,000, to remain available for obligation until September 30, 1992, of which not less than $30,000,000 is available only for the National Center for Manufacturing Sciences: Provided, That not less than $3,000,000 of the funds appropriated in this paragraph is available only for continuing the research program on development of coal based high thermal stability and endothermic jet fuels, including exploratory studies on direct conversion of coal to thermally stable jet fuels.
104 STAT. 1870

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE AGENCIES
For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and appHed scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $9,115,699,000, to remain available for obligation until September 30, 1992, of which $191,062,000 shall be available for the Special Operations Command: Provided, That not less than $2,000,000 of the funds appropriated in this paragraph is available only for miniature diagnostic proton accelerator research: Provided further, That not less than $25,000,000 of the funds appropriated in this paragraph shall be available only for the Defense Advanced Research Projects Agency Initiative in Concurrent Engineering (DICE): Provided further, That of the funds appropriated in this paragraph, not less than $103,000,000 is available only for the Extended Range Interceptor (ERINT) missile; not less than $45,400,000 is available only for the Patriot system; and not less than $42,000,000 is available only for the joint research and development of the advanced development program for the Arrow antitactical ballistic missile program: Provided further. That not less than $5,000,000 of the funds appropriated in this paragraph is available only to establish a coal utilization center: Provided further. That not less than $5,000,000 of the funds appropriated in this paragraph is available only to establish a materials research center: Provided further, That not less than $7,000,000 of the funds appropriated in this paragraph is available only to establish an Experimental Program to Stimulate Competitive Research (EPSCoR) in the Department of Defense: Provided further. That not less than $10,000,000 of the funds appropriated in this paragraph shall be made available as a grant to establish an Institute for Advanced Science and Technology at an institution of higher education which meets the criteria specified in section 243 of the National Defense Authorization Act for fiscal year 1991: Provided further, That not less than $10,000,000 of the funds appropriated in this paragraph shall be made available as a grant only for facilities and equipment supporting the Center for Technology and Applied Research at the University of Scranton: Provided further. That not less than $6,000,000 of the funds appropriated in this paragraph shall be made available as a grant to the Advanced Manufacturing Institute at the Stevens Institute of Technology: Provided further, That not less than $15,000,000 of the funds appropriated in this paragraph shall be made available as a grant to the Liberty Science Center: Provided further. That not less than $10,000,000 of the funds appropriated in this paragraph shall be made available as a grant to Drake University for a facility under the College of Pharmacy an4 Health Sciences: Provided further. That not less than $3,500,000 of the funds appropriated in this paragraph shall be made available as a grant to Loyola College to complete the Center for Advanced Information and Resource Management Studies: Provided further. That of the funds appropriated for fiscal year 1991 under the heading "Research, Development, Test and Evaluation, Defense Agencies," $18,000,000 shall be obligated within 90 days after endctment of this Act for a facility to enable collaborative research and training for
104 STAT. 1871
Department of Defense military medical personnel in trauma care, head, neck, and spinal injury, paralysis, and neuro-degenerative diseases: Provided further, That, in addition to the funds previously appropriated to the National Defense Stockpile Transaction Fund, notwithstanding the provisions of section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), of funds provided under this heading which are available for the Defense Research Sciences Program, $10,000,000 is appropriated to the Fund to remain available until expended, for a grant to the South Carolina Research Authority pursuant to the purposes of sections 2 and 8 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a; 50 U.S.C. 98g) to construct, equip, and operate a prototype ferrochromium strategic materials processing facility.
GENERAL PROVISION
SEC. 401. Funds appropriated in this title that are directed to be made available for a grant to, or contract with, a college or university for the performance of research and development or for construction of a research or other facility shall be made available for that purpose without regard to, and (to the extent necessary) in contravention of, section 2361 of title 10, United States Code, which is hereby modified and superceded to the extent necessary to make each such grant or award each such contract, and any such grant or contract shall be made without regard to any of the conditions specified in subsection (b) of that section or section 2304 of title 10, United States Code.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, of independent activities of the Deputy Director of Defense Research and Engineering (Test and Evaluation) in the direction and supervision of developmental test and evaluation, including performance and joint developmental testing and evaluation; and administrative expenses in connection therewith; $237,720,000, to remain available for obligation until September 30,1992.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith; $15,000,000, to remain available for obligation until September 30,1992. TITLE V REVOLVING AND MANAGEMENT FUNDS
ARMY STOCK FUND
For the Army stock fund; $376,520,000.
104 STAT. 1872

NAVY STOCK FUND
For the Navy stock fund; $26,350,000.

AIR FORCE STOCK FUND
For the Air Force stock fund; $1,152,110,000.

DEFENSE STOCK FUND
For the Defense stock fund; $35,420,000.

ARMY INDUSTRIAL FUND
For the Army industrial fund; $151,100,000.

NAVY INDUSTRIAL FUND
For the Navy industrial fund; $238,700,000.

DEFENSE INDUSTRIAL FUND
For the Defense industrial fund; $4,000,000.
TITLE VI OTHER DEPARTMENT OF DEFENSE APPROPRIATIONS

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986, as follows: for Operation and maintenance, $159,100,000; for Procurement, $115,100,000 to remain available until September 30, 1993; for Research, development, test and evaluation, $5,300,000 to remain available until September 30, 1992, only for cryofracture; for retrograde, $13,200,000 to remain available until September 30, 1992; In all: $292,700,000.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE (INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Department of Defense, $1,084,100,000; for transfer to appropriations available to the Department of Defense as follows: for Military Personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code, $105,500,000; for Operation and Maintenance, $585,600,000, of which $50,000,000 shall be available only for non-reimbursable support of Federal, State and local government agencies having counter-drug programs, and $1,000,000 shall be available only for the Civil Air Patrol; for Procurement, $345,300,000, of which not less than $52,000,000 shall be available only for drug interdiction equipment for the reserve components; for Research, Development, Test and Evaluation, $47,700,000: Provided, That funds appropriated by this paragraph shall be available for
P U B L I C L A W 101-511NOV. 5, 1990
104 STAT. 1873
obligation for t h e same period and for t h e same purpose as t h e appropriation to which transferred and the transfer authority provided in this paragraph is in addition to any other transfer authority contained elsewhere in this Act: Provided further, That of the funds appropriated by this p a r ^ r a p h , not less t h a n $28,000,000 shall be available only for operation and maintenance expenses for the southwest border land-based aerostat drug surveillance program, of which $14,000,000 shall be obligated not later t h a n November 30, 1990: Provided further, That of t h e funds appropriated by this paragraph, $123,000,000 shall be available only for the National Foreign Intelligence Program.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, as follows: for Operation and maintenance, $98,519,000; for Procurement, $981,000; In all: $99,500,000: Provided, That the amount provided for Procurement shall remain available until September 30,1993. TITLE VII RELATED AGENCIES
CENTRAL INTELUGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM F U N D
For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain proper funding level for continuing t h e operation of t h e Central Intelligence Agency Retirement and Disability System; $164,600,000.
INTELLIGENCE COMMUNITY STAFF
For necessary expenses of the Intelligence Community Staff; $28,900,000. TITLE VIII GENERAL PROVISIONS SEC. 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 8002. During t h e current fiscal year, provisions of law prohibiting the pa5anent of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided, That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be a t a r a t e in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentsige increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further. That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in t h e Republic of the Philippines and foreign national employees of the Department of Defense in the Republic of Turkey: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980. SEC. 8003. (a) Notwithstanding any other provision of law, funds appropriated under this Act for the Department of Defense shall be made available for t h e Overseas Workload Program: Provided, That a firm of any member nation of the North Atlantic Treaty Organiza10 u s e 1584 note. 10 u s e 1584 note. Aliens. Government employees. Wages.
Government employees.
Government contracts. 10 u s e 2341 note.
104 STAT. 1874
Reports.
Israel. Government contracts. Israel. Reports.
tion (NATO) or of any major non-NATO ally or countries in the European Theater, shall be eligible to bid on any contract for the maintenance, repair, or overhaul of equipment of the Department of Defense to be awarded under competitive procedures as part of the program of the Department of Defense known as the Overseas Workload Program. (b) A contract awarded during fiscal year 1991, or thereafter, to a firm described in subsection (a) may be performed in the theater in which the equipment is normally located or in the country in which the firm is located. (c)(1) Not later than June 1, 1991, the Secretary of Defense shall submit to the Committees on Appropriations of the House and Senate a report on the nature of the maintenance, repair, and overhaul work of the Department of Defense performed under the program of the Department of Defense known as the Overseas Workload Program. (2) The report shall include the following: (A) a description of the categories of work performed under that program and the costs associated with those categories of work; (B) a description of the capabilities of facilities that United States firms have established in Europe to perform work under that program; (C) a description of the capabilities to perform work under that program by firms in the United States, Canada, and countries that are major non-NATO allies of the United States; (D) a description of the maintenance, repair, and overhaul work under that program that could be performed in the United States or Canada, or in a country that is a major non-NATO ally, on a cost-effective basis and without a significant adverse effect on the readiness of the Armed Forces of the United States; (E) a description of the Air Force plans to expand the Overseas Workload Program to other depot maintenance activities including: prime weapon systems, aircraft exchangeables, engine overhaul and repair, engine exchangeables and other major end items. (d) For purposes only of this section, Israel shall be considered in the European Theater in every respect, with its firms fully eligible for non-restrictive, non-discriminatory contract competition under the Overseas Workload Program. (e) The Secretary of Defense shall work with Israel to identify new specialized capabilities in depot maintenance and repair for which it is uniquely suited: Provided, That the Secretary of Defense shall report to the Committees on Appropriations of the House and Senate, not later than June 1,1991, on its findings. (f) No funds appropriated for the Overseas Workload Program for fiscal year 1991 shall be used for contracts awarded in fiscal year 1991 which have not been opened for competition in a manner consistent with this provision. SEC. 8004. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein. SEC. 8005. No more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp
104 STAT. 1875
training of the Reserve Officers' Training Corps, or the National Board for the Promotion of Rifle Practice, Army. SEC. 8006. No part of any appropriation contained in this Act, except for small purchases in amounts not exceeding $25,000, shall be available for the procurement of any article or item of food, clothing, tents, tarpaulins, covers, cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials, or specialty metals including stainless steel flatware, or hand or measuring tools, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that satisfactory quality and sufficient quantity of any articles or items of food, individual equipment, tents, tarpaulins, covers, or clothing or any form of cotton or other natural fiber products, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, canvas products, wool, or specialty metals including stainless steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its possessions when such procurement is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in furtherance of agreements with foreign governments in which both governments agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 2457 of title 10, United States Code: Provided further. That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions.
(TRANSFER OF FUNDS)
SEC. 8007. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $2,250,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for
104 STAT. 1876
higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further. That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act.
(TRANSFER OF FUNDS)
Coal.
Coal conversion program.
Germany. Energy.
SEC. 8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds and to the "Foreign Currency Fluctuations, Defense" appropriation account in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. SEC. 8009. (a) None of the funds available to the Department of Defense in this Act shall be used by the Secretary of a military department to purchase coal or coke from foreign nations for use at United States defense facilities in Europe when coal from the United States is available. (b) None of the funds available to the Department of Defense in this Act shall be utilized for the conversion of heating plants from coal to oil or coal to natural gas at defense facilities in Europe, except as provided in section 2690 of title 10, United States Code, and thirty days after the Secretary of Defense has notified the Committees on Appropriations of the Senate and House of Representatives: Provided, That this limitation shall apply to any authority granted pursuant to section 9008 of the Department of Defense Appropriations Act, 1990. (c) None of the funds available to the Department of Defense in this Act shall be used to enter into any agreement or contract to convert any heating facility at military installations in the Kaiserslautern Military Community (KMC) in the Federal Republic of Germany to district heat, direct natural gas, or other sources of fuel, except as provided in section 2690 of title 10, United States Code, and thirty days after the Secretary of Defense has notified the Committees on Appropriations of the Senate and House of Representatives, and until the Secretary of the Air Force has (1) ensured that the United States coal industry has had the opportunity to provide thermal energy supply to the KMC facilities through participation in a competitive solicitation for proposals for a thirdparty thermal energy supply, provided such solicitation allows evaluation of innovative technical proposals such as cogeneration to enhance the cost-effectiveness of coal derived thermal energy; (2) thoroughly evaluated the cost-effectiveness of all proposals received; (3) submitted evaluation results to the General Accounting Office for review; and (4) notified the Committees on Appropriations of the Senate and House of Representatives of the evaluation results.
104 STAT. 1877
SEC. 8010. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 days in advance to the Committees on Appropriations and Armed Services of the Senate and House of Representatives. SEC. 8011. No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress. SEC. 8012. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services shall be available for payments to physicians and other authorized individual health care providers in excess of the amounts allowed in fiscal year 1990 for similar services, except that: (a) for services for which the Secretary of Defense determines an increase is justified by economic circumstances, the allowable amounts may be increased in accordance with appropriate economic index data similar to that used pursuant to title XVIII of the Social Security Act; and (h) for services the Secretary determines are overpriced based on an analysis similar to that used pursuant to title XVIII of the Social Security Act, the allowable amounts shall be reduced by not more than 15 percent. The Secretary shall solicit public comment prior to promulgating regulations to implement this section. SEC. 8013. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30,1992. SEC. 8014. None of the funds provided in this Act shall be available to initiate (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000, or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the Committees on Appropriations and Armed Services of the Senate and House of Representatives have been notified at least thirty days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the Committees on Appropriations and Armed Services of the House of Representatives and the Senate: Provided further. That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement. Funds appropriated in title III of this Act may be used for multiyear procurement contracts as follows: Line of Sight-Rear (Avenger)Pedestal Mounted Stinger; Family of Medium Tactical Vehicles (FMTV); LCAC Landing Craft;
Health care.
104 STAT. 1878
PUBLIC LAW 101-511NOV. 5, 1990 LHD Amphibious Ship; MK-45 Gun Mount/MK-6 Ammo Hoist; NAVSTAR Global Positioning SatelUte (GPS); Defense Support Program Satellites 22 and 23.
(TRANSFER OF FUNDS)
SEC. 8015. None of the funds appropriated in this Act may be made available through transfer, reprogramming, or other means between the Central Intelligence Agency and the Department of Defense for any intelligence or special activity different from that previously justified to the Congress unless the Director of Central Intelligence or the Secretary of Defense has notified the House and Senate Appropriations Committees of the intent to make such funds available for such activity. SEC. 8016. None of the funds appropriated by this Act shall be available to convert a position in support of the Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard occupied by, or programmed to be occupied by, a (civilian) military technican to a position to be held by a person in an active duty status or active Guard or Reserve status if that conversion would reduce the total number of positions occupied by, or programmed to be occupied by, (civilian) military technicans of the component concerned, below 71,823: Provided, That none of the funds appropriated by this Act shall be available to support more than 48,692 positions in support of the Army Reserve, Army National Guard, or Air National Guard occupied by, or programmed to be occupied by, persons in an active Guard or Reserve status: Provided further, That none of the funds appropriated by this Act may be used to include (civilian) military technicans in computing civilian personnel ceilings, including statutory or administratively imposed ceilings, on activities in support of the Army Reserve, Air Force Reserve, Army National Guard, or Air National Guard. SEC. 8016A. (a) The provisions of section 115(b)(2) of title 10, United States Code, shall not apply with respect to fiscal year 1991 or with respect to the appropriation of funds for that year. (b) During fiscal year 1991, the civilian personnel of the Department of Defense may not be managed on the basis of any endstrength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year. (c) The fiscal year 1992 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 1992 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 1992. SEC. 8017. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. SEC. 8018. None of the funds appropriated by this Act shall be obligated for the pay of any individual who is initially employed after the date of enactment of this Act as a technician in the administration and training of the Army Reserve and the maintenance and repair of supplies issued to the Army Reserve unless such
104 STAT. 1879
individual is also a military member of the Army Reserve troop program unit that he or she is employed to support. Those technicians employed by the Army Reserve in areas other than Army Reserve troop program units need only be members of the Selected Reserve. SEC. 8019. None of the funds appropriated by this Act or hereafter shall be used to purchase dogs or cats or otherwise fund the use of dogs or cats for the purpose of training Department of Defense students or other personnel in surgical or other medical treatment of wounds produced by any type of weapon: Provided, That the standards of such training with respect to the treatment of animals shall adhere to the Federal Animal Welfare Law and to those prevailing in the civilian medical community. SEC. 8020. None of the funds available to the Department of Defense may be used for the floating storage of petroleum or petroleum products except in vessels of or belonging to the United States. SEC. 8021. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported to Congress on September 30 of each year: Provided, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99-239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for not more than 250 civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam: Provided further, That of the funds appropriated under this Act to the Department of Defense, not to exceed $15,000,000 shall be made available to the Office of Humanitarian Assistance for immediate emergency airlift assistance. SEC. 8022. Notwithstanding any other provision of law, the Secretaries of the Army and Air Force may authorize the retention in an active status until age sixty of any officer who would otherwise be removed from an active status and who is employed as a National Guard or Reserve technician in a position in which active status in a reserve component of the Army or Air Force is required as a condition of that employment. SEC. 8023. Funds available for operation and maintenance under this Act, may be used in connection with demonstration projects and other activities authorized by section 1092 of title 10, United States Code. SEC. 8024. (a) None of the funds appropriated by this Act, shall be used to make contributions to the Department of Defense Education Benefits Fund pursuant to section 2006(g) of title 10, United States
Animal welfare. 10 u s e 2241 note.
Petroleum.
10 u s e 401 note.
Education. Hawaii. Health care. Territories.
104 STAT. 1880
Education.
Code, representing the normal cost for future benefits under section 1415(c) of title 38, United States Code, for any member of the armed services who, on or after the date of enactment of this Act: (1) enlists in the armed services for a period of active duty of less than three years; or (2) receives an enlistment bonus under section 308a or 308f of title 37, United States Code, nor shall any amounts representing the normal cost of such future benefits be transferred from the Fund by the Secretary of the Treasury to the Secretary of Veterans Affairs pursuant to section 2006(d) of title 10, United States Code; nor shall the Secretary of Veterans Affairs pay such benefits to any such member: Provided, That, in the case of a member covered by clause (1), these limitations shall not apply to members in combat arms skills or to members who enlist in the armed services on or after July 1, 1989, under a program continued or established by the Secretary of Defense in fiscal year 1991 to test the cost-effective use of special recruiting incentives involving not more than nineteen noncombat arms skills approved in advance by the Secretary of Defense: Provided further, That no contribution to the Fund pursuant to section 2006(g) shall be made during the current fiscal year that represents liabilities arising from the Department of the Army: Provided further, That this subsection applies only to active components of the Army. (b) None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment: Provided, That this subsection shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further. That this subsection applies only to active components of the Army. SEC. 8025. Funds appropriated in this Act shall be available for the payment of not more than 75 percent of the charges of a postsecondary educational institution for the tuition or expenses of an officer in the Ready Reserve of the Army National Guard or Army Reserve for education or training during his off-duty periods, except that no part of the charges may be paid unless the officer agrees to remain a member of the Ready Reserve for at least four years after completion of such training or education. SEC. 8026. None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of enactment of this Act, is performed by more than ten Department of Defense civilian employees until a most efficient and cost-effective organization analysis is completed on such activity or function and certification of the analysis is made to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That this section shall not apply to a commercial or industrial type function of the Department of Defense that: (1) is included on the procurement list established pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Wagner O'Day Act; (2) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act or (3) is planned to be converted to performance by a qualified firm under 51 percent Native American ownership.
104 STAT. 1881
SEC. 8027. None of the funds appropriated in this Act to the Department of the Army may be obligated for procurement of 120mm mortars or 120mm mortar ammunition manufactured outside of the United States: Provided, That this limitation shall not apply to procurement of such mortars or ammunition required for testing, evaluation, type classification or equipping the Army's Ninth Infantry Division (Motorized). SEC. 8028. None of the funds appropriated in this Act to the Department of the Army may be obligated for depot maintenance of equipment unless such funds provide for civilian personnel strengths at the Army depots performing communicationselectronics depot maintenance at an amount above the strengths assigned to those depots on September 30, 1985: Provided, That the foregoing limitation shall not apply to civilian personnel who perform caretaker-type functions at these installations: Provided further. That nothing in this provision shall cause undue reductions of other Army depots, as determined by the Secretary of the Army. SEC. 8029. None of the funds appropriated or made available by this Act may be obligated for acquisition of major automated information systems which have not successfully completed oversight reviews required by Defense Department regulations: Provided, That none of the funds appropriated or made available by this Act may be obligated on Composite Health Care System acquisition contracts if such contracts would cause the total life cycle cost estimate of $1,600,000,000 expressed in fiscal year 1986 constant dollars to be exceeded. SEC. 8030. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency. SEC. 8031. Funds appropriated by this Act for construction projects of the Central Intelligence Agency, which are transferred to another Agency for execution, shall remain available until expended. SEC. 8032. Notwithstanding any other provision of law, the Secretary of the Navy may use funds appropriated to charter ships to be used as auxiliary minesweepers providing that the owner agrees that these ships may be activated as Navy Reserve ships with Navy Reserve crews used in training exercises conducted in accordance with law and policies governing Naval Reserve forces. SEC. 8033. None of the funds in this Act may be used to execute a contract for the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) Reform Initiative that exceeds the total fiscal year 1987 costs for CHAMPUS care provided in California and Hawaii, plus normal and reasonable adjustments for price and program growth. SEC. 8034. Funds appropriated or made available in this Act shall be obligated and expended to continue to fully utilize the facilities at the United States Army Engineer's Waterways Experiment Station, including the continued availability of the supercomputer capability: Provided, That none of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the Armed Services and Appropriations Committees of Congress that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers.
104 STAT. 1882
SEC. 8035. None of the funds provided in this Act shall be available for use by a Military Department to modify an aircraft, weapon, ship or other item of equipment, that the Military Department concerned plans to retire or otherwise dispose of within five years after completion of the modification: Provided, That this prohibition shall not apply to safety modifications. SEC. 8036. For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119), the term program, project, and activity for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 1991, the accompanying House and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes, and the P-1 and R-1 budget justification documents as subsequently modified by Congressional action: Provided, That the following exception to the above definition shall apply: For the Military Personnel and the Operation and Maintenance accounts, the term "program, project, and activity" is defined as the appropriations accounts contained in the Department of Defense Appropriations Act. SEC. 8037. Of the funds appropriated to the Army, $46,904,000 shall be available only for the Reserve Component Automation System (RCAS): Provided, That none of these funds can be expended: (1) except as approved by the Chief of the National Guard Bureau; (2) unless RCAS resource management functions are performed by the National Guard Bureau; (3) unless the RCAS contract source selection official is the Chief of the National Guard Bureau; (4) to pay the salary of an RCAS program manager who has not been selected and approved by the Chief of the National Guard Bureau and chartered by the Chief of the National Guard Bureau and the Secretary of the Army; (5) unless the Program Manager (PM) charter makes the PM accountable to the source selection official and fully defines his authority, responsibility, reporting channels and organizational structure; (6) to pay the salaries of individuals assigned to the RCAS program management office, source selection evaluation board, and source selection advisory board unless such organizations are comprised of personnel chosen jointly by the Chiefs of the National Guard Bureau and the Army Reserve; (7) to award a contract for development or acquisition of R(JAS unless such contract is competitively awarded under procedures of 0MB Circular A-109 for an integrated system consisting of software, hardware, and communications equipment and unless such contract precludes the use of Government furnished equipment, operating systems, and executive and applications software; and (8) unless RCAS performs its own classified information processing. SEC. 8038. None of the funds provided for the Department of Defense in this Act may be obligated or expended for fixed pricetype contracts in excess of $10,000,000 for the development of a
PUBLIC LAW 1 0 1 - 5 1 1 - N O V . 5, 1990
104 STAT. 1883
major system or subsystem unless the Under Secretary of Defense for Acquisition determines, in writing, that program risk has been reduced to the extent that realistic pricing can occur, and that the contract type permits an equitable and sensible allocation of program risk between the contracting parties: Provided, That the Under Secretary may not delegate this authority to any persons who hold a position in the Office of the Secretary of Defense below the level of Assistant Secretary of Defense: Provided further, That at least thirty days before making a determination under this section the Secretary of Defense will notify the Committees on Appropriations of the Senate and House of Representatives in writing of his intention to authorize such a fixed price-type developmental contract and shall include in the notice an explanation of the reasons for the determination. SEC. 8039. Monetary limitations on the purchase price of a passenger motor vehicle shall not apply to vehicles purchased for intelligence activities conducted pursuant to Executive Order 12333 or successor orders. SEC. 8040. Not to exceed $20,000,000 of the funds available to the Department of the Army during the current fiscal year may be used to fund the construction of classified military projects within the Continental United States, including design, architecture, and engineering services. SEC. 8041. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: Provided, That for the purpose of this section manufactured will include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further. That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes.
(TRANSFER OF FUNDS)
SEC. 8042. Notwithstanding any other provision of law, the Department of Defense may transfer prior year unobligated balances and funds appropriated in this Act to the operation and maintenance appropriations for the purpose of providing military technician and Department of Defense medical personnel pay and medical programs (including CHAMPUS) the same exemption from sequestration set forth in the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119) as that granted the other military
104 STAT. 1884
Mental health programs.
personnel accounts: Provided, That any transfer made pursuant to any use of the authority provided by this provision shall be limited so that the amounts reprogrammed to the operation and maintenance appropriations do not exceed the amounts sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100119): Provided further. That the authority to make transfers pursuant to this section is in addition to the authority to make transfers under other provisions of this Act: Provided further. That the Secretary of Defense may proceed with such transfer after notifying the Appropriations Committees of the House of Representatives and the Senate twenty legislative days before any such transfer of funds under this provision. SEC. 8043. None of the funds available to the Department of the Navy may be used to enter into any contract for the overhaul, repair, or maintenance of any naval vessel homeported on the West Coast of the United States which includes charges for interport differential as an evaluation factor for award. SEC. 8044. None of the funds appropriated by this Act available for ^he Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) shall be available for the reimbursement of any health care provider for inpatient mental health service in excess of thirty days in any year, in the case of a patient nineteen years of age or older, forty-five days in any year in the case of a patient under nineteen years of age, or one hundred and fifty days in any year in the case of inpatient mental health services provided as residential treatment care, or for care received when a patient is referred to a provider of inpatient mental health care or residential treatment care by a medical or health care professional having an economic interest in the facility to which the patient is referred: Provided, That these limitations do not apply in the case of inpatient mental health services provided under the program for the handicapped under subsection (d) of section 1079 of title 10, United States Code, provided as partial hospital care, or provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant to rules prescribed by the Secretary, which takes into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of that care: Provided further. That the Secretary of Defense (after consulting with the other administering Secretaries) may prescribe separate payment requirements (including deductibles, copayments, and catastrophic limits) for the provision of mental health services to persons covered by this provision or section 1086 of title 10, United States Code. The payment requirements may vary for different categories of covered beneficiaries, by type of mental health service provided, and based on the location of the covered beneficiaries: Provided further. That except in the case of an emergency, the Secretary of Defense shall require preadmission authorization before inpatient mental health services may be provided to persons covered by this provision or section 1086 of title 10, United States Code. In the case of the provision of emergency inpatient mental health services, approval for the continuation of such services shall be required within 72 hours after admission: Provided further. That not later than February 1, 1991, the Secretary of Defense shall submit to the Congress
104 STAT. 1885
a plan to reduce the costs incurred by the Department of Defense to provide mental health services under the Civilian Health and Medical Program of the Uniformed Services. The plan shall include a legislative proposal to implement the recommendation of the Secretary: Provided further. That this provision shall take effect on February 15, 1991, and shall apply with respect to mental health services provided under section 1079 or 1086 of title 10, United States Code, on or after that date. SEC. 8045. None of the funds provided in this Act may be obligated or expended for the procurement of LANDSAT or SPOT remote sensing data except by the Defense Mapping Agency, in its role as primary action office for such purchases by Department of Defense agencies and military departments. SEC. 8046. The designs of the Army LH helicopter, the Navy Advanced Tactical Aircraft, the Air Force Advanced Tactical Fighter, and any variants of these aircraft, must incorporate Joint Integrated Avionics Working Group standard avionics specifications no later than 1998.
(TRANSFER OF FUNDS)
SEC. 8047. Notwithstanding any other provision of law, $300,000,000 of the funds appropriated or made available in this Act shall be transferred to the United States Coast Guard, of which $295,000,000 shall be transferred to "Operating Expenses" and $5,000,000 shall be transferred to "Acquisition, Construction, and Improvement" for Coast Guard family housing. SEC. 8048. The Secretary of Defense shall take such action as necessary to assure that a minimum of 50 percent of the polyacrylonitrile (PAN) carbon fiber requirement be procured from domestic sources by 1992: Provided, That the annual goals to achieve this requirement be as follows: 15 percent of the total DOD requirement by 1988; 15 percent of the total DOD requirement by 1989; 20 percent of the total DOD requirement by 1990; 25 percent of the total DOD requirement by 1991; and 50 percent of the total DOD requirement by 1992. SEC. 8049. Of the funds appropriated, reimbursable expenses incurred by the Department of Defense on behalf of the Soviet Union in monitoring United States implementation of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range or Shorter-Range Missiles ("INF Treaty"), concluded December 8,1987, may be treated as orders received and obligation authority for the applicable appropriation, account, or fund increased accordingly. Likewise, any reimbursements received for such costs may be credited to the same appropriation, account, or fund to which the expenses were charged: Provided, That reimbursements which are not received within one hundred and eighty days after submission of an appropriate request for payment shall be subject to interest at the current rate established pursuant to section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (59 Stat. 526). Interest shall begin to accrue on the one hundred and eighty-first day following submission of an appropriate request for payment: Provided further. That funds appropriated in this Act may be used to reimburse United States military personnel for reasonable costs of subsistence, at rates to be determined by the Secretary of Defense, incurred while accompanying Soviet Inspection Team members engaged in activities related to the INF Treaty: Provided further, That this provision includes only
Soviet Union, Treaties.
104 STAT. 1886
Reports.
Vietnam era POW's and MIA's.
Hazardous waste. California.
Reports.
the in-country period (referred to in the INF Treaty) and is effective whether such duty is performed at, near, or away from an individual's permanent duty station. SEC. 8050. The total amount appropriated to or for the use of the Department of Defense by this Act is reduced by $180,000,000 to reflect savings resulting from the decreased use of consulting services by the Department of Defense. The Secretary of Defense shall allocate the amount reduced in the preceding sentence and not later than March 1, 1991, report to the Senate and House Committees on Appropriations how this reduction was allocated among the Services and Defense Agencies: Provided, That this section does not apply to the reserve components: Provided further, That not more than $1,305,000,000 of the funds appropriated by this Act may be obligated or expended for the procurement of advisory or assistance services by the Department of Defense. SEC. 8051. Funds available in this Act may be used to provide transportation for the next-of-kin of individuals who have been prisoners of war or missing in action from the Vietnam era to an annual meeting in the United States, under such regulations as the Secretary of Defense may prescribe. SEC. 8052. (a) Within the funds made available to the Air Force under title II of this Act, the Air Force shall use such funds as necessary, but not to exceed $17,000,000, to execute the cleanup of uncontrolled hazardous waste contamination affecting the Sale Parcel at Hamilton Air Force Base, in Novato, in the State of California. (b) In the event that the purchaser of the Sale Parcel exercises its option to withdraw from the sale as provided in the Agreement, dated September 25, 1990, between the Department of Defense, the General Services Administration, and the purchaser, the purchaser's deposit of $4,500,000 shall be returned by the General Services Administration and funds eligible for reimbursement under the Agreement and Modification shall come from the funds made available to the Department of Defense by this Act. (c) Notwithstanding any other provision of law, the Air Force shall be reimbursed for expenditures in excess of $15,000,000 in connection with the total clean-up of uncontrolled hazardous waste contamination on the aforementioned Sale Parcel from the proceeds collected upon the closing of the Sale Parcel. SEC. 8053. None of the funds available to the Department of Defense or Navy shall be obligated or expended to (1) implement Automatic Data Processing or Information Technology Facility consolidation plans, or (2) to make reductions or transfers in personnel end strengths, billets or missions that affect the Naval Regional Data Automation Center, the Enlisted Personnel Management Center, the Naval Reserve Personnel Center and related missions, functions and commands until sixty days after the Secretary of Defense submits a report to the Committees on Appropriations of the House and Senate justifying any transfer, reductions, or consolidations in terms of (1) addressing the overall mission and operations staffing of all Naval Automatic Data Processing, Information Technology Facility, and Naval personnel functions for all active and reserve personnel commands and field activities and Automatic Data Processing commands and field activities; and (2) certifying that such reduction, transfer or consolidation plans or operations do not duplicate functions presently conducted; are cost effective from a budgetary standpoint; will not adversely affect the mission, readi-
104 STAT. 1887
ness and strategic considerations of the Navy and Naval Reserve; and will not adversely impact on the quality of life and economic benefits of the individual serviceperson or have an adverse economic impact on a geographic area. SEC. 8054. None of the funds appropriated in this Act may be available for offshore procurement of second or third generation night vision image intensifier tubes and devices: Provided, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certif5dng in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes. SEC. 8055. None of the funds available to the Department of Defense, including expired appropriations and M account balances, may be used for the B-lB's ALQ-161A CORE program unless the Secretary of Defense has notified the Congress in advance of his intention to use funds for such purpose: Provided, That no funds available to the Department of Defense may be used for research, development, test, evaluation, installation, integration, or procurement of an advanced radar warning receiver for the B-IB. SEC. 8056. (a) INDEMNIFICATION.(1) The United States Air Force shall, except as provided in paragraph (2), hold harmless, defend, and indemnify in full (A) the State of New Hampshire; (B) any political subdivision of the State; and (C) the lenders, officers, agents and employees of the State or political subdivision of the State, from and against all suits, claims, demands or actions, liabilities, judgments, costs and attorney's fees arising out of, or in any manner predicated upon releases or threatened releases of hazardous substances, or pollutants or contaminants resulting from Department of Defense activities at Pease Air Force Base in New Hampshire. (2)(A) With respect to the State of New Hampshire and the lenders, officers, agents and employees of the State, to the extent the State or its lenders, officers, agents or employees caused or contributed to any such releases or threatened releases, paragraph (1) shall not apply. (B) With respect to any political subdivision of the State of New Hampshire and the lenders, officers, agents and employees of the political subdivision, to the extent the political subdivision or its lenders, officers, agents or employees caused or contributed to any such releases or threatened releases, paragraph (1) shall not apply. OJ) DEFINITIONS.(1) As used in this section, the terms "hazardous substance," "facility," "pollutant or contaminant," "response," and "release" shall have the meanings provided in section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. (2) As used in this section, the term "lender" shall mean any person who, without participating in the management of the facility, holds indicia of ownership primarily to protect his security interest in a facility located at Pease Air Force Base in New Hampshire. (3) As used in this section, the terms "the State of New Hampshire" and "the State" shall include the State's successors, assigns, transferees and lessees.
New Hampshire,
104 STAT. 1888
Health care.
(4) As used in this section, the term "political subdivision of the State" shall include the political subdivision's successors, assigns, transferees and lessees. SEC. 8057. No funds appropriated by this Act may be obligated or expended to prepare, or to assist any contractor of the Department of Defense in preparing, any material, report, list, or analysis with respect to the actual'or projected economic or employment impact in a particular State or congressional district of an acquisition program for which all research, development, testing and evaluation has not been completed. SEC. 8058. All obligations incurred in anticipation of the appropriations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act. SEC. 8059. None of the funds appropriated by this Act shall be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines: (a) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work, or 0?) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source, or (c) where the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. SEC. 8060. None of the funds available to the Department of Defense in this Act shall be used to demilitarize or dispose of more than 310,784 unserviceable Ml Garand rifles and Ml Carbines. SEC. 8061. Notwithstanding any other provision of law, none of the funds appropriated by this Act shall be available to pay more than 50 percent of an amount paid to any person under section 308 of title 37, United States Code, in a lump sum. SEC. 8062. Notwithstanding any other provision of law, funds available in this Act shall be available to the Department of Defense to grant civilian employees participating in productivity-based incentive award programs paid administrative time off in lieu of cash payment as compensation for increased productivity. SEC. 8063. None of the funds appropriated by this Act may be used by the Department of Defense to assign a supervisor's title or grade when the number of people he or she supervises is considered as a basis for this determination: Provided, That savings that result from this provision are represented as such in future budget proposals. SEC. 8064. None of the funds appropriated by this Act available for the Civilian Health and Medical Program of the Uniformed Services shall be available for the payment of the expenses under the Program for the first $150 of the charges for all types of care authorized under the provisions of section 1079(a) of title 10, United States Code, under plans contracted for under the provisions of section
104 STAT. 1889
1079 or section 1086 of title 10, United States Code, and received in an outpatient status after April 1, 1991: Provided, That the foregoing limitation shall not exceed the first $300 in the case of a family group of two or more persons covered by section 1079(a) of title 10, United States Code: Provided further, That higher deductible amounts and/or total or partial restrictions on the availability of care (other than emergency care) in facilities of the uniformed services may be prescribed by the Secretary of Defense in the case of beneficiaries eligible for enrollment under health care plans contracted for under section 1097 of title 10, United States Code, who chose not to enroll in such plans: Provided further, That the provisions of this section shall not apply in the case of dependents of military members in grades E-1 through E-4. SEC. 8065. Notwithstanding any other provision of law, none of the funds made available by this Act shall be used by the Department of Defense to exceed, outside the fifty United States and the District of Columbia, 175,960 civilian workyears: Provided, That workyears shall be applied as defined in the Federal Personnel Manual: Provided further. That workyears expended in dependent student hiring programs for disadvantaged youth shall not be included in this workyear limitation. SEC. 8066. None of the funds appropriated by this or any other Act with respect to any fiscal year for the Navy may be used to carry out an electromagnetic pulse program in the Chesapeake Bay area in connection with the Electromagnetic Pulse Radiation Environment Simulator for Ships (EMPRESS II) program unless or until the Secretary of Defense certifies to the Congress that conduct of the EMPRESS II program is essential to the national security of the United States and to achieving requisite military capability for United States naval vessels, and that the economic, environmental, and social costs to the United States of conducting the EMPRESS II program in the Chesapeake Bay area are far less than the economic, environmental, and social costs caused by conducting the EMPRESS II program elsewhere. SEC. 8067. Notwithstanding any other provision of law, each contract awarded by the Department of Defense in fiscal year 1991 for construction or service performed in whole or in part in a State which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in such State that is not contiguous with another State, individuals who are residents of such State and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills: Provided, That the Secretary of Defense may waive the requirements of this section in the interest of national security. SEC. 8068. None of the funds appropriated by this Act shall be used for the support of any nonappropriated fund activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States, unless such malt beverages and wine are procured in that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the
Alcohol and alcoholic beverages. Intergovernmental relations. 10 u s e 2488 note.
104 STAT. 1890
installation is located: Provided further. That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered.
(TRANSFER OF FUNDS)
SEC. 8069. Upon enactment of this Act, the Secretary of Defense shall make the following transfer of funds: Provided, That the amounts transferred shall be available for the same purposes as the appropriations to which transferred, and for the same time period of the appropriation from which transferred: Provided further. That funds shall be transferred between the following appropriations in the amounts specified: From: Under the heading, "Shipbuilding and Conversion, Navy, 1987/1991": CG-47 cruiser program, $25,000,000; Strategic sealift program, $9,539,000; For craft, outfitting, and post delivery, $14,736,000; Under the heading, "Shipbuilding and Conversion, Navy, 1988/1992": CG-47 cruiser program, $110,000,000; LHD-1 amphibious assault ship program, $473,000; For craft, outfitting, and post delivery, $33,568,000; Under the heading, "Shipbuilding and Conversion, Navy, 1989/1993": For outfitting and post delivery, $11,344,000; Under the heading, "Shipbuilding and Conversion, Navy, 1990/1994": TRIDENT ballistic missile submarine program, $99,000,000; For craft, outfitting, post delivery, and ship special support equipment, $36,740,000; and Under the heading, "Other Procurement, Navy, 1990/1992", $21,000,000; Under the heading, "Aircraft Procurement, Navy, 1990/ 1992", $10,600,000; and Under the heading, "Other Procurement, Navy, 1990/1992", $13,300,000; To: Under the heading, "Shipbuilding and Conversion, Navy, 1984/1988": SSN-688, nuclear attack submarine program, $23,800,000; Under the heading, "Shipbuilding and Conversion, Navy, 1985/1989": SSN-688, nuclear attack submarine program, $54,300,000; DDG-51, guided missile destroyer program, $41,700,000; Under the heading, "Shipbuilding and Conversion, Navy, 1986/1990": MSH coastal mine hunter program, $36,000,000;
104 STAT. 1891
Under the heading, "Shipbuilding and Conversion, Navy, 1987/1991": SSN-688 attack submarine program, $14,000,000; AOE fast combat support ship program, $13,300,000; AO conversion program, $3,600,000; T-AGOS ocean surveillance ship program, $2,700,000; Under the heading, "Shipbuilding and Conversion, Navy, 1989/1993": MHC coastal mine hunter program, $1,000,000; AOE combat support ship program, $8,700,000; T-AGOS surveillance ship program, $6,700,000; Under the heading, "Shipbuilding and Conversion, Navy, 1990/1994": Aircraft carrier service life extension program, $21,000,000; T-AGOS surveillance ship program, $28,800,000; AOE combat support ship program, $27,900,000; Oceanographic ship program, $36,100,000; MHC coastal mine hunter program, $55,100,000; For craft, outfitting, post delivery, and ship special support equipment, $10,600,000. SEC. 8070. The total amount appropriated to or for the use of the Department of Defense by this Act is reduced by $27,000,000. The Secretary of Defense shall allocate the amount of the reduction made by the preceding sentence in the procurement and research, development, test and evaluation accounts of the Army, Navy, Air Force, Marine Corps, and Defense Agencies as the Secretary determines appropriate to reflect savings resulting from increased use of discount air fares that (1) are granted by commercial air carriers for travel of Federal Government employees on official Government business under agreements entered into between the Administrator of General Services and such carriers, and (2) are available to contractor personnel traveling in connection with the performance of cost-reimbursable contracts awarded by the Department of Defense. SEC. 8071. (a) Of the amounts available to the Department of Defense for fiscal year 1991, not less than $20,000,000 shall be available for National Defense Science and Engineering Graduate Fellowships to be awarded on a competitive basis by the Secretary of Defense to United States citizens or nationals pursuing advanced degrees in fields of primary concern and interest to the Department. 03) Fellowships awarded pursuant to subsection (a) above shall not be restricted on the basis of the geographical locations in the United States of the institutions at which the recipients are pursuing the aforementioned advanced degrees. SEC. 8072. Notwithstanding any other provision of law, during the current fiscal year, the Secretary of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defenserelated articles, through competition between Department of Defense depot maintenance activities and private firms: Provided, That the Secretary shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That Office of Management and Budget Circular A-76 shall not apply to competitions conducted under this section.
Education.
104 STAT. 1892
Wages.
SEC. 8073. Of the funds appropriated by this Act, no more than $4,000,000 shall be available for the health care demonstration project regarding chiropractic care required by section 632(b) of the Department of Defense Authorization Act, 1985, Public Law 98525. SEC. 8074. None of the funds appropriated by this Act may be used to pay health care providers under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for services determined under the CHAMPUS Peer Review Organization (PRO) Program to be not medically or psychologically necessary. The Secretary of Defense may by regulation adopt any quality and utilization review requirements and procedures in effect for the Peer Review Organization Program under title XVIII of the Social Security Act (Medicare) that the Secretary determines necessary, and may adapt the Medicare requirements and procedures to the circumstances of the CHAMPUS PRO Program as the Secretary determines appropriate. SEC. 8075. For the purpose of increasing collections from third party payers of reasonable health care services costs incurred on behalf of retirees and dependents pursuant to section 1095 of title 10, United States Code, net receipts from such collections shall be made available to the local facility of the uniformed services responsible for the collections and shall be over and above the facility's direct budget amount: Provided, That for purposes of this section and section 1095, third party payers include: (a) Medicare supplemental insurance policy carriers, in which case the facility of the uniformed services shall be treated as if it were a Medicare-eligible provider and the services provided as if they were Medicare-covered services for policies issued after enactment of this Act; and Qo) automobile liability insurance carriers and no-fault insurance carriers, in which case, should tort liability be a basis for payment, the standards of the Federal Medical Care Recovery Act (42 U.S.C. 2651) shall apply. SEC. 8076. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. SEC. 8077. (a) Of the funds made available by this Act in title III, Procurement, $8,000,000, drawn pro rata from each appropriations account in title III, shall be available for incentive payments authorized by section 504 of the Indian Financing Act of 1974, 25 U.S.C. 1544. These payments shall be available only to contractors which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d)(4)(B), and according to regulations which shall be promulgated by the Secretary of Defense within 90 days of the passage of this Act. (b) Section 201(2) of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes", approved April 11, 1968 (25 U.S.C. 1301(2)), is amended by adding at the end thereof the following: "means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;". (c) Section 201 of such Act is amended (1) by deleting the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and the word "and"; and (2) by adding at the end thereof the following: "(4) 'Indian' means any person who would be subject to the jurisdiction of the United States as an Indian under section
104 STAT. 1893
1153, title 18, United States Code, if that person were to commit an offense listed in that section in Indian country to which that section applies.". (d) The effects of subsections (b) and (c) as those subsections affect the criminal misdemeanor jurisdiction of tribal courts over nonmember Indians shall have no effect after September 30, 1991. SEC. 8078. None of the funds appropriated by this Act shall be available for payments under the Department of Defense contract with the Louisiana State University Medical Center involving the use of cats for Brain Missile Wound Research, and the Department of Defense shall not make payments under such contract from funds obligated prior to the date of the enactment of this Act, except as necessary for costs incurred by the contractor prior to the enactment of this Act, and until thirty legislative days after the final General Accounting Office report on the aforesaid contract is submitted for review to the Committees on Appropriations in the House and Senate: Provided, That funds necessary for the care of animals covered by this contract are allowed. SEC. 8079. None of the funds provided in this Act or any other Act shall be available to conduct bone trauma research at the Letterman Army Institute of Research until the Secretary of the Army certifies that the synthetic compound to be used in the experiments is of such a type that its use will result in a significant medical finding, the research has military application, the research will be conducted in accordance with the standards set by an animal care and use committee, and the research does not duplicate research already conducted by a manufacturer or any other research organization.
(INCLUDING TRANSFER OF FUNDS)
25 USC 1301 note-
SEC. 8080. (a) Upon the date of enactment of this Act, the balances of any unobligated amount of an appropriation of the Department of Defense which has been withdrawn under the provisions of section 1552(a)(2) of title 31, United States Code, the obligated balance of which has not been transferred pursuant to the provisions of section 1552(a)(1) of title 31, United States Code, shall be restored to that appropriation. Thirty days following enactment of this Act all balances of unobligated funds withdrawn from any account of the Department of Defense under the provisions of section 1552(a)(2) of title 31, United States Code, prior to the enactment of this Act, (other than those restored pursuant to the provisions of this subsection) are cancelled. (b) During the current fiscal year and thereafter (1) on the 3rd September 30th after enactment of this section, all obligated balances transferred under section 1552(a)(1) of title 31, United States Code; (2) on September 30th of the 5th fiscal year after the period of availability of an appropriation account of the Department of Defense available for obligation for a definite period ends or has ended, with respect to those accounts which, upon the date of enactment of this section have expired for obligation but whose obligated balances have not been transferred pursuant to the provisions of section 1552(a)(1) of title 31, United States Code; and (3) with respect to any appropriation account made available to the Department of Defense for an indefinite period against which no obligations have been made for two consecutive years
lo USC 2241 note.
104 STAT. 1894
10 use 2687 note.
and upon a determination by the Secretary of Defense or the President that the purposes of such indefinite appropriation have been carried out, any remaining obligated or unobligated balance of such accounts are closed and thereafter shall not be available for obligation or expenditure for any purpose: Provided, That collections authorized to be credited to an account which were not credited to the account before it was closed shall be deposited in the Treasury as miscellaneous receipts: Provided further. That, without prior action by the Comptroller General but without relieving the Comptroller General of the duty to make decisions under any law or to settle claims and accounts, when an account is closed (including accounts covered by subsection (a) of this section) and currently applicable appropriations of the Department of Defense are not chargeable, obligations and adjustments to obligations that would have been chargeable to an account prior to closing, may be chargeable to currently applicable appropriations of the Department of Defense available for the same purpose in amounts equal to one percent of the total appropriation for the current account or the amount of the original appropriation, whichever is less: Provided further. That after the end of the period of availability of an appropriation account available for a definite period and before closing of that account under this section such account shall be available for recording, adjusting, and liquidating obligations properly chargeable to such account in amounts not to exceed the unobligated expired balances of such appropriation: Provided further. That with respect to a change to a contract Under which the contractor is required to perform additional work, other than adjustments to pay claims or increases under an escalation clause (hereinafter referred to as a contract change), if such a charge for such a contract change with respect to a program, project or activity would cause the total amount of such obligations to exceed $4,000,000 in any single fiscal year for a program, project, or activity, the obligation may only be made if the obligation is approved by the Secretary of Defense or, if such a change would cause the total amount of such obligations to exceed $25,000,000 in any single fiscal year for a program, project or activity, the obligation may be made only after 30 days have elapsed after the Secretary of Defense submits to the Committees on Appropriations and Armed Services of the Senate and the House of Representatives a notice of the intention to obligate such funds, together with the legal basis and the policy reasons for making such an obligation. (c) The provisions of this section shall apply to any appropriation account now or hereafter made unless the appropriation Act for that account specifically provides for an extension of the availability of such account and provides an exception to the five year period of availability for recording, adjusting and liquidating obligations properly chargeable to that account. SEC. 8081. The Secretary of Defense shall include in any base closure and realignment plan submitted to Congress after the date of enactment of this Act, a complete review for the five year period beginning on October 1, 1990, which shall include expected force structure and levels for such period, expected installation requirements for such period, a budget plan for such period, the cost savings expected to be realized through realignments and closures of military installations during such period, an economics model to identify the critical local economic sectors affected by proposed
104 STAT. 1895
closures and realignments of military installations and an assessment of the economic impact in each area in which a military installation is to be realigned or closed. SEC. 8082. None of the funds appropriated in this Act shall be used to reduce the fiscal year 1991 2.5- or 5-ton truck maintenance workload at Letterkenny Army Depot as a direct result of either the proposed consolidation of truck maintenance or an increase in fiscal year 1991 truck maintenance at any other depot; neither shall funds be available for transfer of towed and self-propelled artillery maintenance from Letterkenny Army Depot. SEC. 8083. No more than $50,000 of the funds appropriated or made available in this Act shall be used for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and Senate that such a relocation is required in the best interest of the Government: Provided further, That no funds appropriated or made available in this Act shall be used for the relocations into the National Capital Region of the acquisition function of the Special Operations Command and the Air Force Office of Medical Support located at Brooks Air Force Base. SEC. 8084. None of the funds appropriated in this Act shall be used to produce more than two-thirds of the liquid gas requirements inhouse at Andersen Air Force Base on Guam. At least one-third of Andersen Air Force Base's liquid gas requirements shall be met by acquiring liquid gas from commercial sources on Guam. SEC. 8085. None of the funds in this Act shall be used to reduce the end strength and force structure of the reserve components of the Department of Defense below the levels funded in this Act: Provided, That the Secretary of Defense may waive this restriction on a case-by-case bsisis by certifying in writing to the Committees on Appropriations that such a reduction is required for national security purposes. SEC. 8086. Funds appropriated or otherwise available for any Federal agency, the Congress, the judicial branch, or the District of Columbia for the fiscal year ending September 30, 1991, may be used for the pay, allowances, and benefits of an employee as defined by section 2105 of title 5 or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who (1) is a member of a Reserve component of the armed forces, as described in section 261 of title 10, or the National Guard, as described in section 101 of title 32; (2) performs, for the purpose of providing military aid to enforce the law or providing assistance to civil authorities in the protection or saving of life or property or prevention of injury (A) Federal service under section 331, 332, 333, 3500, or 8500 of title 10, or other provision of law, as applicable, or (B) full-time military service for his State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; and (3) requests and is granted (A) leave under the authority of this section; or (B) annual leave, which may be granted without regard to the provisions of sections 5519 and 6323(b) of title 5, if such employee is otherwise entitled to such annual leave:
Guam.
104 STAT. 1896
Provided, That any employee who requests leave under subsection (3)(A) for service described in subsection (2) of this section is entitled to such leave, subject to the provisions of this section and of the last sentence of section 6323(b) of title 5, and such leave shall be considered leave under section 6323(b) of title 5. SEC. 8087. None of the funds appropriated by this Act shall be available to perform any cost study pursuant to the provisions of OMB Circular A-76 if the study being performed exceeds a period of twenty-four months after initiation of such study with respect to a single function activity or forty-eight months after initiation of such study for a multi-function activity: Provided, That this prohibition shall begin six months after the date of enactment of this Act for presently ongoing studies. SEC. 8088. None of the funds appropriated by this Act shall be used to begin closing a military treatment facility unless the Secretary of Defense notifies the Committees on Appropriations of the House of Representatives and the Senate ninety days prior to such action.
(TRANSFER OF FUNDS)
10 u s e 2113 note.
10 u s e 113 note.
Energy conservation.
Reports.
President. Uranium. 50 u s e 98e note.
SEC. 8089. Of the funds appropriated or made available to the Department of Defense in this Act, $30,000,000 shall be transferred to the Department of Energy solely for the final decontamination and decommissioning of the Nuclear Fuel Facility, Apollo, Pennsylvania, by January 1993, to meet the National Regulatory Commission's limits for unrestricted use: Provided, That these funds shall remain available until expended. SEC. 8090. Funds appropriated by this Act for the American Forces Information Service shall not be used for any national or international political or psychological activities. SEC. 8091. Notwithstanding any other provision of law, all authority of the Board of Regents of the Uniformed Services University of the Health Sciences is hereby transferred to the Secretary of Defense, and the Board hereafter shall be an advisory board to the Secretary of Defense. SEC. 8092. Notwithstanding any other provision of law, after June 1, 1991, where cost effective, all Department of Defense software shall be written in the programming language Ada, in the absence of special exemption by an official designated by the Secretary of Defense. SEC. 8093. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian employees hired for certain health care occupations as authorized for the Secretary of Veterans Affairs by section 4107(g) of title 38, United States Code. SEC. 8094. The Secretary of Defense shall issue directives promoting energy conservation in all peace-time activities of the Department of Defense identifying specific priority initiatives to reduce energy consumption: Provided, That specific personnel incentives shall be established to promote and encourage energy conservation: Provided further. That the Department of Defense shall report to Congress no later than April 30, 1991 on its plan to reduce energy consumption during fiscal year 1991, progress in implementing the plan, projected timetable for completing the plan, and the savings that will result from these actions. SEC. 8095. Using funds available in the National Defense Stockpile Transaction Fund, the President shall acquire over a period of ten
104 STAT. 1897
years from current domestic sources not less than thirty-six million pounds of depleted uranium to be held in the National Defense Stockpile. SEC. 8096. None of the funds appropriated by this Act shall be obligated to fund more than 95,000 permanent change of station moves of active military personnel ashore to Europe: Provided, That this limitation may be waived by the Secretary of Defense for national security considerations after notifying the Committees on Appropriations of the House of Representatives and the Senate. SEC. 8097. None of the funds available to the Department of Defense shall be used for the training or utilization of psychologists in the prescription of drugs, except pursuant to the findings and recommendations of the Army Surgeon General's Blue Ribbon Panel as specified in its February and August 1990 meeting minutes: Provided, That this training will be performed at Walter Reed Army Medical Center. SEC. 8098. None of the funds appropriated by this Act shall be used to reduce the military and civilian work force at any military medical facility or medical support facility below the level maintained or authorized for fiscal year 1990: Provided, That the foregoing limitation shall not apply to any facility located at an installation scheduled for closure or realignment pursuant to the provisions of the Base Closure and Realignment Act (Public Law 100-526; 102 Stat. 2623).
(TRANSFER OF F U N D S )
SEC. 8099. (a) From funds appropriated in this Act, such amounts as may be necessary, but not to exceed $5,000,000 shall be made available only for a project for the design and construction of a parliament building in the Solomon Islands, such project to be carried out so as to be completed not later than November 1993. Funds for such project shall be identified and made available to the Secretary of the Navy not later than 60 days after the date of the enactment of this Act. (b) Notwithstanding any other provision of law, from the funds appropriated in this Act, $5,000,000 to remain available until expended, shall be made available to the Secretary of the Army no later than sixty days after enactment of this Act, to be used by the Chief of Engineers only for the repair, improvement, and construction of port facilities and harbor improvements, including dredging, at the islands of Ofu and Ta'u in the Territory of American Samoa. SEC. 8100. Clauses (2) and (3) of section 7308(c) of title 10, United States Code, shall not apply with respect to the transfer by the Secretary of the Navy under section 7308(a) of such title of the obsolete destroyer U.S.S. Turner Joy to the Bremerton Historic Ships Association for use by the Association as a Navy museum and memorial. SEC. 8101. Of the funds appropriated in fiscal year 1989 under the heading, "Aircraft Procurement, Navy", $200,000,000 shall be made available to the Department of the Navy for obligation for the V-22 Osprey tilt-rotor aircraft program.
39-194 O - 91 - 18 : QL 3 Part 3
104 STAT. 1898

(RESCISSIONS)
Reports.
SEC. 8102. Of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts in the specified amounts: Aircraft procurement, Army, 1990/1992, $15,300,000; Missile procurement. Army, 1990/1992, $171,846,000; Procurement of weapons and tracked combat vehicles, Army, 1989/1991, $25,808,000; Procurement of ammunition. Army, 1989/1991, $72,000,000; Procurement of ammunition. Army, 1990/1992, $18,000,000; Other procurement. Army, 1989/1991, $24,100,000; Other procurement. Army, 1990/1992, $11,000,000; Weapons procurement. Navy, 1990/1992, $88,205,000; Other procurement. Navy, 1989/1991, $9,400,000; Other procurement, Navy, 1990/1992, $7,500,000; Procurement, Marine Corps, 1989/1991, $7,000,000; Procurement, Marine Corps, 1990/1992, $62,300,000; Aircraft procurement. Air Force, 1989/1991, $8,400,000; Aircraft procurement. Air Force, 1990/1992, $43,900,000; Missile procurement. Air Force, 1989/1991, $53,968,000; Missile procurement. Air Force, 1990/1992, $162,613,000; Other procurement. Air Force, 1989/1991, $1,800,000; Other procurement. Air Force, 1990/1992, $15,000,000. SEC. 8103. None of the funds made available to the Department of Defense in this Act may be obligated or expended for the GroundWave Emergency Network (GWEN) System, until (1) the Secretary of Defense provides for the conduct of an independent study of such system on the health effects and environmental impact of the system on surrounding local jurisdictions; and (2) a report containing the results of such study, together with the Secretary's comments and recommendations concerning the report, has been submitted to the Congressional Defense Committees and a period of 15 days has elapsed after the report is received.
(INCLUDING TRANSFER OF FUNDS)
50 use 401 note.
SEC. 8104. SECTION 1. This section establishes the National Commission on Defense and National Security.
SEC. 2. FINDINGS.
The Congress makes the following findings: (1) Recent revolutionary world events require a fundamental reassessment of the defense and national security policies of the United States. (2) Emerging democracies around the world will require political, technical, and economic assistance, as well as military assistance, from the developed free nations in order to thrive and to become productive members of the world community. (3) Real and potential military threats to the United States and its allies will continue to exist for the foreseeable future from not just the Soviet Union but also from terrorism and from Third World nations. (4) Proliferation of both sophisticated conventional weapons and of nuclear weapons could produce a world more dangerous than we have faced in the past.
104 STAT. 1899
(5) Ethnic rivalries as well as economic inequalities may produce instabilities that could spark serious conflict. (6) In order to formulate coherent national policies to meet these challenges of a new world environment, it is essential for the United States to achieve a bipartisan consensus such as that which emerged following World War II. (7) Such a consensus can be fostered by the development of policy recommendations from a highly respected group of individuals who do not bear a partisan label and who possess critical expertise and experience.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as National Commission on Defense and National Security (hereinafter in this Act referred to as the "Commission").
SEC. 4. DUTIES OF COMMISSION.
(a) I N GENERAL.The Commission shall analyze and make recommendations to the President and Congress concerning the national security and national defense policies of the United States.
(b) MATTERS TO B E ANALYZED.Matters to be analyzed by the
Commission shall include the following: (1) The world-wide interests, goals, and objectives of the United States that are vital to the national security of the United States. (2) The political, economic, and military developments around the world and the implications of those developments for United States national security interests, including (A) the developments in Eastern Europe and the Soviet Union; (B) the question of German unification; (C) the future of NATO and European economic integration; (D) the future of the Pacific Basin; and (E) potential instability resulting from regional conflicts or economic problems in the developing world. (3) The foreign policy, world-wide commitments, and national defense capabilities of the United States necessary to deter aggression and implement the national security strategy of the United States, including the contribution that can be made by bilateral and multilateral political and economic associations in promoting interests that the United States shares with other members of the world community. (4) The proposed short-term uses of the political, economic, military, and other elements of national power for the United States to protect or promote the interests and to achieve the goals and objectives referred to in paragraph (1). (5) Long-term options that should be considered further for a number of potential courses of world events over the remainder of the century and into the next century.
SEC. 5. MEMBERSHIP.
'
(a) NUMBER AND APPOINTMENT.The Commission shall be composed of 10 members, is follows: (1) Three appointed by the President. (2) Three appointed by the Speaker of the House of Representatives.
104 STAT. 1900
(3) One appointed by the minority leader of the House of Representatives. (4) Two appointed by the majority leader of the Senate. (5) One appointed by the minority leader of the Senate. (b) QuAUFiCATiONS.Pcrsons appointed to the Commission shall be persons who are not officers or employees of the Federal Government (including Members of Congress) and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. (c) TERMS.Members shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) BASIC PAY.Members of the Commission shall serve without pay. (e) QUORUM.A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings.
(f) CHAIRMAN AND VICE CHAIRMAN.The Chairman of the
Commission shall be designated by the President from among the members appointed by the President. The Vice Chairman of the Commission shall be designated by the Speaker of the House of Representatives from among the members appointed by the Speaker. (g) MEETINGS.The Commission shall meet at the call of the Chairman or a majority of its members. (h) DEADUNE FOR APPOINTMENTS.Members of the Commission shall be appointed not later than the end of the 30-day period beginning on the date of the enactment of this Act.
SEC. 6. REPORTS.
(a) INITIAL REPORT.The Commission shall transmit to the President and to Congress an initial report not later than six months after the date on which the Commission is first constituted with a quorum. (h) SUBSEQUENT ANNUAL REPORTS.The Commission shall transmit to the President and to Congress an annual report for each of the first five years following the submission of the initial report under subsection (a). Each such report shall update the previous report under this section. (c) CONTENTS OF REPORTS.Each report under this section shall contain a detailed statement of the findings and conclusions of the Commission concerning the matters to be studied by the Commission under section 4, together with its recommendations for such legislation and administrative actions as it considers appropriate. Each such report shall include a comprehensive description and discussion of the matters set forth in section 4. (d) REPORTS TO B E UNCLASSIFIED.Each such report shall be submitted in unclassified form. (e) ADDITIONAL AND MINORITY VIEWS.Each report may include such additional and minority views as individual members of the Commission may request be included.
SEC. 7. DIRECTOR AND CONSULTANTS. STAFF OF COMMISSION; EXPERTS AND
(a) DIRECTOR.The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Chairman and who shall be paid at a rate not to
104 STAT. 1901
exceed the maximum rate of basic pay payable for GS-18 of the General Schedule. (b) STAFF.The Chairman may appoint and fix the pay of such additional personnel is the Chairman considers appropriate.
(c) APPLICABIUTY OF CERTAIN CIVIL SERVICE LAWS.The Director
and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. (d) EXPERTS AND CONSULTANTS.Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule.
(e) STAFF OF FEDERAL AGENCIES.Upon request of the Commis-
sion, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act.
SEC. 8. POWERS OF COMMISSION.
(a) HEARINGS AND SESSIONS.The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) POWERS OF MEMBERS AND AGENTS.Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) OBTAINING OFFICIAL DATA.The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) GIFTS.The Commission may accept, use, and dispose of gifts or donations of services or property. (e) MAILS.The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) ADMINISTRATIVE SUPPORT SERVICES.The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
SEC. 9. INITIAL FUNDING OF COMMISSION.
If funds are not otherwise available for the necessary expenses of the Commission for fiscal year 1991, the Secretary of Defense shall make available to the Commission, from funds available to the Secretary for the fiscal year concerned, such funds as the Commission requires. When funds are specifically appropriated for the expenses of the Commission, the Commission shall reimburse the Secretary from such funds for any funds provided to it under the preceding sentence.
104 STAT. 1902

10 u s e 113 note.
S E C . 8 1 0 5 . CONTRIBUTIONS BY J A P A N TO THE SUPPORT OF UNITED STATES FORCES IN JAPAN. (a) PERMANENT CEILING ON UNITED STATES ARMED FORCES IN
JAPAN.After September 30, 1990, funds appropriated pursuant to an appropriation contained in this Act or any subsequent Act may not be used to support an end strength level of all personnel of the Armed Forces of the United States stationed in Japan at any level in excess of 50,000.
03) ANNUAL REDUCTION IN CEILING UNLESS SUPPORT FURNISHED.
Unless the President certifies to Congress before the end of each fiscal year that Japan has agreed to offset for that fiscal year the direct costs incurred by the United States related to the presence of all United States military personnel in Japan, excluding the military personnel title costs, the end strength level for that fiscal year of all personnel of the Armed Forces of the United States stationed in Japan may not exceed the number that is 5,000 less than such end strength level for the preceding fiscal year. (c) SENSE OF CONGRESS.It is the sense of Congress that all those countries that share the benefits of international security and stability should share in the responsibility for that stability and security commensurate with their national capabilities. The Congress also recognizes that Japan has made a substantial pledge of financial support to the effort to support the United Nations Security Council resolutions on Iraq. The Congress also recognizes that Japan has a greater economic capability to contribute to international security and stability than any other member of the international community and wishes to encourage Japan to contribute commensurate with that capability. (d) EXCEPTIONS.(1) This section shall not apply in the event of a declaration of war or an armed attack on Japan. (2) The President may waive the limitation in this section for any fiscal year if he declares that it is in the national interest to do so and immeditely informs Congress of the waiver and the reasons for the waiver. (e) EFFECTIVE DATE.This section shall take effect on the date of enactment of this Act. SEC. 8106. Notwithstanding any other provision of this Act, the Operation and Maintenance accounts and revolving and management funds shall be reduced by $400,000,000 to reduce inapplicable inventories. SEC. 8107. (a) None of the funds appropriated or otherwise made available in this Act may be used to transport or provide for the transportation of chemical munitions to the Johnston Atoll for the purpose of storing or demilitarizing such munitions. 0?) The prohibition in subsection (a) shall not apply to: (1) any chemical munition withdrawn from the Federal Republic of Germany under a European retrograde program; or (2) any obsolete World War II chemical munition of the United States found in the World War II Pacific Theater of Operations. (c) The provisions of subsection 0))(1) shall not be construed to supersede or otherwise affect the decision of any court relating to the authority of the President or Secretary of Defense under any other law to transport chemical munitions to Johnston Atoll for demilitarization or to store or use Johnston Atoll for the demilitarization or storage of chemical munitions withdrawn from the
104 STAT. 1903
Federal Republic of Germany under a European retrograde program. (d) The President may suspend the application of subsection (a) during a period of war in which the United States is a party.
(TRANSFER OF FUNDS)
SEC. 8108. In addition to the amounts appropriated or otherwise made available in this Act, $1,000,000,000 is appropriated for the modernization and expansion of automated data processing systems: Provided, That the Secretary of Defense shall, upon determining that such funds are necessary and further the objectives of the Corporate Information Management Initiative, transfer such amounts as necessary to the appropriate operation and maintenance appropriations provided in title II of this Act to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That obligation and expenditure of these funds are subject to the review and approval of the Corporate Information Management Executive Level Group: Provided further, That this transfer authority shall be in addition to any other transfer authority contained in this Act. SEC. 8109. None of the funds available in this or any other Act shall be available for the preparation of further studies on the feasibility of removal and transportation of unitary chemical weapons from the eight chemical storage sites within the continental United States. This prohibition does not apply to studies needed for environmental analyses required by the National Environmental Policy Act. SEC. 8110. (a) Notwithstanding any other provision of law, funds made available to the Department of Defense in fiscal year 1991 and thereafter, shall be used to establish and maintain as part of the wartime energy reserve of the United States, a stockpile in Israel for petroleum fuels of military utility equal to 4,500,000 barrels. Qy) The stockpile referred to in subsection (a) shall be (1) configured to meet the wartime needs and combined military training requirements of the United States and Israel, and (2) owned by the United States and operated jointly by the United States Department of Defense and Israel. (c) In the event of a wartime emergency or a state of heightened military readiness on the part of Israel, the President of the United States may direct that Israel be permitted to draw upon all or part of the stockpile of petroleum product referred to in subsection (a), if the President (1) determines it is in the national interest of the United States, and (2) so reports to Congress in accordance with section 652 of the Foreign Assistance Act of 1961 as amended. (d) Negotiations, leading to an agreement by July 30, 1991, shall begin immediately to bring the fuel stockpile referred to in subsection (a) to full operational readiness no later than September 30, 1993. (e) For purposes of this section, the term "petroleum product" shall refer to all petroleum, oils and lubricants required for military operations. (f) The provisions of this section are effective immediately upon the enactment of this Act.
104 STAT. 1904

10 u s e 114 note.
Reports.
Israel. Aircraft.
SEC. 8111. (a) The Classified Annex prepared by the Committee of Conference to accompany the conference report on the bill H.R. 5803 of the One Hundred First Congress and transmitted to the President shall have the force and effect of law as if enacted into law. (b) The amounts specified in the Classified Annex are not in addition to the amounts appropriated by other provisons of this Act. (c) The President shall provide for appropriate distribution of the Classified Annex or of appropriate portions of the Annex, within the executive branch of the Government. SEC. 8112. Of the funds made available in this Act, not less than $7,475,000 shall be available for the Civil Air Patrol. SEC. 8113. Funds made available under this Act to the Air Force for "Operation and Maintenance" may be used to operate the United States Air Force education and training facility known as the Inter-American Air Forces Academy for the purpose of providing military education and training only to military personnel who are nationals of Central, South American and Caribbean countries: Provided, That only the fixed costs of operating and maintaining the Inter-American Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force without reimbursement pursuant to section 37 of the Arms Export Control Act or section 632 of the Foreign Assistance Act or any other provision of law: Provided further. That no individual may be admitted to the Inter-American Air Forces Academy who has been convicted of a human rights violation, or is known to United States authorities to have committed, been an accessory to, or in an official capacity had knowledge of but failed to take remedial action concerning a human rights violation: Provided further, That the Air Force must provide concentrated instruction in democratic government and human rights protections to each attendee of lAAFA: Provided further, That the Air Force will provide the Committees on Appropriations of the House and Senate, no later than March 1, 1991, with a report on the operation of lAAFA and its curriculum, as well as a statistical and biographical profile of its students. SEC. 8114. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the Air Force and Air Force Reserve WC-130 Weather Reconnaissance Squadrons, except for the purpose of transferring the mission to the Air Force Reserve. SEC. 8115. (a) Funds shall be made available to the Secretary of Defense for the study of: (1) Israeli aerospace and avionics technology and their potential applications to ATF, NATF, CAS and LH aircraft programs, as well as other anticipated aircraft programs; (2) Potential areas of joint United States-Israel collaboration in technology research and development projects including, but not limited to, tactical directed energy weapons; camouflage, concealment, deception and stealth measures; aerial and widearea munitions; fiber optic guided missiles (FOG-M); and the adaptation of the HAVE NAP to the B-1 and B-2 bombers; (3) The features and possible contributions of Israeli space technology to Department of Defense programs, including, but not limited to, Israeli launchers, and including, but not limited to, cost-effectiveness in design and production of such technologies and systems; (4) Israeli anti-terrorism technologies, and their potential applications to Department of Defense programs and oper-
104 STAT. 1905
ations, including, but not limited to, remote-controlled robots, security fences of all types, specialized x-ray and detection machines, and fast patrol boats. The Secretary of Defense shall work with the Office of Technology Assessment in conducting an examination of these subjects; (5) Possible applications of Israeli interdiction technologies to American efforts at drug interdiction, including, but not limited to, unmanned aerial vehicles, fast patrol boats, state-of-the-art ship and coastal radars, integrated command and control systems, and land interdiction systems such as visual and infra-red cameras, motion sensors and electronic fences. (b) The Secretary of Defense shall submit these studies as a final report with concrete recommendations and plans for implementation as appropriate to the Committees on Appropriations of the House and Senate no later than September 1,1991. SEC. 8116. Of the funds available in this Act in the operation and maintenance accounts of the Department of Defense, $10,000,000 shall be available only to transport United States beef for resale in Department of Defense commissaries in foreign countries. SEC. 8117. (a) Of the funds for the procurement of supplies or services appropriated by this Act, qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to participate as subcontractors and suppliers in the performance of contracts let by the Department of Defense. 0^) During fiscal year 1991, a business concern which has negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given credit toward meeting that subcontracting goal for any purchases made from qualified nonprofit agencies for the blind or other severely handicapped. (c) For the purpose of this section, the phrase "qualified nonprofit agency for the blind or other severely handicapped" means a nonprofit agency for the blind or other severely handicapped that has been approved by the Committee for the Purchase from the Blind and Other Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-48). (d) Within 180 days of the enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation shall be modified to implement paragraph (b). SEC. 8118. Notwithstanding any other provision of law, of the funds made available by this Act to the Department of the Navy, $1,500,000, to remain available until September 30, 1992, shall be available only for the expenses of the Kahoolawe Island Commission which shall be established under the terms and conditions of S. 3088 as introduced in the Senate on September 10, 1990: Provided, That the Secretary of the Navy shall provide the Commission such assistance and facilities as may be necessary to carry out its proceedings. SEC. 8119. None of the funds made available by this Act shall be available for any Military Department of the United States to conduct bombing training, gunnery training, or similar munitions delivery training on the parcel of land known as Kahoolawe Island, Hawaii. SEC. 8120. (a) The Secretary of Defense shall establish a "Legacy Resource Management Program". (b) The purposes of the program are as follows:
Drug traffic control.
Reports.
Handicapped.
Establishment.
104 STAT. 1906
William Langer Jewel Bearing ^^^"*'
(1) to establish a strategy, plan and priority list for identifying and managing all significant biological, geophysical, cultural and historical resources existing on, or involving, all Department of Defense lands, facilities and property; (2) to provide for the stewardship of all Department of Defense controlled or managed air, land and water resources; (3) to protect significant biological systems and species, including but not limited to, those contained on the Federal endangered list and those which are candidates for that list; (4) to establish a standard Department of Defense methodology for the collection, storage and retrieval of all biological, geophysical, cultural and historical resource information which, in the case of biological information, should be compatible with that used by State Natural Heritage Programs; (5) to establish programs to protect, inventory and conserve the artifacts of Native American civilization, settler communities and others deemed to have historical, cultural or spiritual significance; (6) to establish inventories of all scientifically significant biological, geophysical, cultural and historical assets on Department of Defense lands. In addition to the specific attributes of the asset, these inventories are to catalog their scientific and/or cultural significance, as well as their inter-relationship to the surrounding environment, including the military mission carried out on the land upon which they reside; (7) to establish programs for the restoration and rehabilitation of altered or degraded habitats; (8) to establish educational, public access and recreation programs designed to increase public appreciation, awareness and support for these national environmental initiatives; and (9) to establish and coordinate by fiscal year 1993 with other Federal departments, agencies and entities a project to inventory, protect and conserve the physical and literary property and relics of the Department of Defense, in the United States and overseas, connected with the origins and development of the Cold War, which are not already being carried out by other capable institutions or programs. (c) The "Legacy Resource Management Program" shall be established under the Office of the Deputy Assistant Secretary of Defense for Environment. (d) The Deputy Assistant Secretary of Defense for Environment shall seek the participation of Department of Defense components in the implementation of the Legacy Resource Management Program. (e) $10,000,000 appropriated for "Operation and Maintenance, Defense Agencies" shall be available only for the establishment and support of the Legacy Resource Management Program. SEC. 8121. Of the funds available in this Act for the Defense Logistics Agency, $2,400,000 is available only for acquisition of jewel bearings from the William Langer Jewel Bearing Plant, SEC. 8122. None of the funds available in this Act may be used to support and maintain more than 261,855 United States military personnel permanently assigned ashore in Europe on September 30, 1991: Provided, That the President may waive up to 50,000 of this 261,855 ceiling if it is determined that national security interests require such action and the Committees on Appropriations of the House and Senate are notified.

SEC. 8123.
104 STAT. 1907
PARTNERSHIPS WITH SCHOOLS.(a) DEFINITIONS.For
the purposes of this section (1) The term "school volunteer" means a person, beyond the age of compulsory schooling, working without financial remuneration under the direction of professional staff within a school or school district. (2) The term "partnership program" means a cooperative effort between the military and an educational institution to enhance the education of students. (3) The term "elementary school" has the same meaning given that term in section 1471(8) of the Elementary and Secondary Education Act of 1965 and does not exclude military schools. (4) The term "secondary school" has the same meaning given that term in section 1471(21) of the Elementary and Secondary Education Act of 1965 and does not exclude military schools. (5) The term "Secretary" means the Secretary of Defense. (b) The Secretary shall design a comprehensive strategy to involve civilian and military employees of the Department of Defense in partnership programs with elementary schools and secondary schools civilian and military. This strategy shall include: (1) A review of existing programs to identify and expand opportunities for such employees to be school volunteers. (2) The designation of a senior official in each branch of the Armed Services who will be responsible for establishing school volunteer and partnership programs in each branch of the Armed Services and for developing school volunteer and partnership programs. (3) The encouragement of civilian and military employees of the Department of Defense to participate in school volunteer and partnership programs. SEC. 8124. Of the funds appropriated for the United States Naval Academy in this Act, $5,000,000 shall not be obligated or expended until the Secretary of the Navy has provided a report to the Armed Services and Appropriations Committees which outlines in detail the steps that have been taken to: (1) effectively implement the recommendations contained in reports by the General Accounting Office and the Board of Visitors of the Naval Academy during fiscal year 1990 and fiscal year 1991 on matters directly concerning the Academy, (2) put into place instruction on ethics as directed by the report accompanying the Senate-passed tiscal year 1991 Defense Authorization bill, and (3) provide assurances that the full range of intercollegiate sports programs being offered to midshipmen of the Naval Academy during academic year 1990-91 will continue to be offered during academic year 1991-92. The report should be delivered no later than June 1,1991. SEC. 8125. None of the funds available during fiscal year 1991 to the Department of Defense, any of its components, or any other Federal department, agency, or entity may be obligated or expended for research, development, test, and evaluation for the space-based wide area surveillance project in the Air Force's space surveillance technology program element and for the Navy's program addressing the same requirements. SEC. 8126. None of the funds appropriated by this Act may be available for compensation of military or civilian personnel assigned to the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in excess of the number of
104 STAT. 1908
such personnel assigned to that Office as of September 30, 1990: Provided, That none of the funds provided by this Act may be available to locate the Special Operations Research, Development and Acquisition Center in the National Capital Region unless the Secretary of Defense certifies in writing to the Committees on Appropriations of the House of Representatives and Senate that such a move is required in the best interest of the Government. SEC. 8127. Of the funds appropriated in "Drug Interdiction and Counter-Drug Activities, Defense", $10,000,000 shall be available only for the National Drug Intelligence Center. SEC. 8128. The Department of the Army may use up to $3,100,000 in troop labor, installation equipment and supplies at Fort Sill to assist the Department of Interior in replacing an earth dam through a cooperative agreement which benefits each Department and includes such other terms as to protect the United States. SEC. 8129. None of the funds available during fiscal year 1991 to the Department of Defense, any of its components, or any other Federal department, agency, or entity may be obligated or expended to complete an A-76 cost comparison study for the contracting out of firefighting or security guard functions at Indian Springs Air Force Auxiliary Field.
(TRANSFER OF F U N D S )
Operation Insert Shield.

lU U o C DTOD
SEC. 8130. Funds available to the Department of Defense during the current fiscal year may be transferred to applicable appropriations or otherwise made available for obligation by the Secretary of Defense to repair or replace real property, facilities, equipment, and other Department of Defense assets damaged by Hurricane Hugo in September 1989: Provided, That funds transferred shall be available for the same purpose and the same time period as the appropriations to which transferred: Provided further. That the Secretary shall notify the Congress promptly, in accordance with standard notification procedures, of all transfers made pursuant to this authority and that such transfer authority shall be in addition to that provided elsewhere in this Act. SEC. 8131. (a) No later than 90 days after the date of the enactment of this Act the Secretary of Defense shall submit to Congress: (1) a detailed accounting of the monetary and material contributions provided to the United States for the support of Operation Desert Shield, to the United Nations, its agencies and activities in support of its embargo against Iraq, and to other bilateral and multilateral operations and efforts to counter Iraqi aggression in the Persian Gulf region; (2) a detailed accounting of the level of revenues from the sale of oil that continue to accrue to the countries of the Organization of Petroleum Exporting Countries (OPEC) since August 2, 1990. Qo) The accounting referred to in subsection (1) shall include, but not be limited to, contributions in cash, personnel, equipment and supplies. Non-cash contributions shall be valued according to criteria established by the Secretary of Defense. (c) It is the sense of the Congress that contributions from other upper income and industrialized countries should be primarily in the form of monetary contributions rather than supplies, goods, or services. SEC. 8132. During fiscal year 1991, in exercising the authority provided the President under section 673b of title 10, United States
note.
104 STAT. 1909
Code, to authorize the order to active duty of units and members of the Selected Reserve, the President may use that authority in the case of orders to active duty in support of operations in and around the Arabian Peninsula and Operation Desert Shield as if "180 days" were substituted for "90 days" in subsection (a) of that section and "180 additional days" were substituted for "90 additional days" in subsection (i) of that section: Provided, That this section applies only to Selected Reserve combat units. SEC. 8133. (a) Section 1203)(7) of the Act of January 2, 1976, as amended (Public Law No. 94-204), is further amended as follows: 43 USC 1611 (1) in subsection (i)(a) by: ^^(A) deleting the word "surplus" following the phrase "any other bidder for", (B) inserting the phrase "as defined in subsection 1203)(7)(vii)," following the word "property" the first time it appears in the subsection, (C) deleting the phrase "Federal Property and Administrative Services Act of 1949 (40 U.S.C. sec. 484), as amended." and inserting in lieu thereof the phrase "applicable laws and regulations of the Federal agency or instrumentality offering such property for sale.", and (D) deleting the phrase "for General Services Administration surplus property under this subparagraph and no additional advertising shall be required other than that prescribed in title 40, United States Code, section 484(c)(2) of the Federal Property and Administrative Services Act;" and inserting in lieu thereof the phrase "on property under this section 12(b)(7). There shall be no advertising other than that ordinarily required by such sale.". (2) in subsection (iv) by: (A) deleting the phrase "Federal surplus property" and inserting in lieu thereof the phrase "property, as defined in subsection 12(b)(7)(vii),", (B) inserting the phrase "12(b)(7)" immediately preceding the phrase "(i) or (ii)", (C) inserting the phrase "12(b)" following the phrase "document referred to in this subsection", and (D) inserting the phrase "or payments of forfeited deposits, penalties, or other assessments imposed under a valid bid or sales contract on Cook Inlet Region, Incorporated" immediately preceding the period at the end of the subsection. (3) in subsection (v), by deleting the phrase "subsection (iv)" and inserting in lieu thereof the phrase "subsection 12(b)(7)(iv) for sales or transfers of property made pursuant to the Federal Property and Administrative Services Act of 1949, 40 U.S.C. sec. 471 et seq., or any legislative or executive delegation under that Act,". (4) adding at the end thereof the following new subsections: "(vii) Notwithstanding the definition of 'property' found ' in the Federal Property and Administrative Services Act of 1949, as amended, as used in this section 12(b)(7), 'property' means any propertyreal, personal, or mixedowned, held, or controlled by the United States (including that in a corporate capacity or as a receiver or conservator, or such other similar fiduciary relationship), and offered for sale by any agency or instrumentality of the United States, includ-
104 STAT. 1910
16 u s e 396f note.
North Carolina.
Drug traffic control.
ing but not limited to the General Services Administration, Department of Defense, Department of the Interior, Department of Agriculture, Department of Housing and Urban Development, the United States Courts and any Government corporation, agency or instrumentality subject to chapter 91 of title 31, United States Code; real property means any land or interest in land or option to purchase land, any improvements on such lands, or rights to their use or exploitation. "(viii) Any charge against the property account and any transfer of funds from the property account heretofore made for the purpose of consummating any prior sale or making a deposit or other payment to bind any contract of sale or paying any forfeiture of deposit, penalty or assessment is hereby authorized, ratified and affirmed.", (b) Section 9102 of the Department of Defense Appropriations Act, 1990 (Public Law 101-165, 103 Stat. 1151), is amended as follows: (1) in subsection O^XD, by deleting the phrase "05)(2)" and inserting in lieu thereof the phrase "(a)(2)", (2) subsection (d) is amended to read as follows: "(d) AGENCY DEFINED.In this section the term 'agency' includes "(1) any instrumentality of the United States, or "(2) any element of an agency, or "(3) any wholly owned or mixed-owned United States Government corporation identified in chapter 91' of title 31, United States Code.". (3) by adding at the end thereof the following new subsections: "(e) PROPERTY DEFINED.Notwithstanding the definition of 'property' found in the Federal Property and Administrative Services Act of 1949, as amended, in this section the term 'property' includes any propertyreal, personal, or mixedowned, held, or controlled by the United States (including that in a corporate capacity or as a receiver or conservator, or such other similar fiduciary relationship), and offered for sale by any agency or instrumentality of the United States, including but not limited to the General Services Administration, Department of Defense, Department of the Interior, Department of Agriculture, Department of Housing and Urban Development, the United States Courts and any Government corporation, agency or instrumentality subject to chapter 91 of title 31, United States Code; real property as used in this section means any land or interest in land or option to purchase land, any improvements on such lands, or rights to their use or exploitation. "(f) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures to permit the accounts described in subsection (a)(2) to receive deposits, to make deposits into escrow when an escrow is required for the sale of any property, and to reinstate to such accounts any unused escrow deposits if sales are not consummated.". SEC. 8134. Of the funds appropriated under "Operation and Maintenance, Army," up to $500,000 shall be available for the environmental protection program at Fort Bragg, North Carolina. SEC. 8135. It is the sense of the Congress that United States participation in a multinational anti-narcotics strike force, as called for in sections 4101 and 4103 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), should include the full range of appropriate law enforcement and anti-drug abuse agencies, and that consider-
104 STAT. 1911
ation be given to aiding such a strike force by funding from appropriate sources for multilateral intelligence-sharing, multilateral training of law enforcement personnel; and multilateral support for crop substitution, drug treatment, drug research and drug education programs. Funds made available under this Act for Department of Defense drug interdiction activities may be expended to fund the participation of United States Armed Forces in conjunction with appropriate United States law enforcement and anti-drug abuse agencies, in accordance with other applicable laws, in such a strike force. SEC. 8136. (a) FINDINGS.The Congress finds that (1) the President and Secretary of State have stated publicly that a new international order is being created; (2) such order is characterized, among other things, by (A) a rough parity of financial and technological strength and of standards of living among Members of the Group of Seven; (B) the successful culmination of allied postwar foreign policy in the emergence of political and economic freedom in formerly communist nations and the progressive integration of such nations into the world economy; and (C) with the reduction of ideological and military tension between members of the North Atlantic Treaty Organization and the Warsaw Pact, the increased importance of economic strength in the ability of nations to provide for national security and promote foreign policy objectives; (3) such rough parity of economic strength among Members of the Group of Seven as well as the large and growing net national and international debt of the United States affirm that the new international order should be accompanied by a more balanced distribution of the economic burden of providing for common security than that which accompanied the postwar international order; and (4) it should be a priority of United States foreign policy in the new international order to attain at an early stage a more balanced distribution of the aggregate economic burden of common security among advanced industrial nations. (b) NEGOTIATIONS.It is the sense of the Congress that the President should negotiate within the Group of Seven to conclude agreements providing for ( D a commonly accepted methodology by which to measure relative rates of expenditures on common security objectives by each Member; (2) through the application of such methodology, commonly accepted calculations of current rates of expenditures on common security objectives by each Member; and (3) a framework, concrete agenda, and timetable of actions by each Member to converge substantially their aggregate rates of expenditures on common security objectives as a proportion of national income over a reasonable, finite period. (c) REPORTS TO CONGRESS.It is the sense of the Congress that the President should submit reports to Congress no later than August 1, 1991, and August 1, 1992, assessing progress toward the agreements referred to in subsection (b). In the absence of substantial progress toward the agreements referred to .in subsection (b) at the time of issuance of such reports, the President should include in such reports a calculation and comparative analysis of current rates of
President.
104 STAT. 1912
Bill Chappell.
Shipco General, Inc. New Mexico.
John Barren.
expenditures on common security objectives by each Member on the basis of the best and most current information available. (d) DEFINITIONS.For purposes of this section (1) the term "Members" means the United Kingdom, France, Italy, Canada, the Federal Republic of Germany, Japan, the United States, and the European Community; and (2) the term "expenditures on common security objectives" includes (A) expenditures on defense operations and activities outside a Member's territory which provide for the defense of two or more Members pursuant to a treaty or other arrangement between two or more Members; (B) official development assistance to developing or emerging democracy country markets; (C) contributions to multilateral development banks; (D) untied export credit assistance to developing or emerging democracy markets; (E) other non-military, untied economic or financial assistance to developing or emerging democracy country markets; and (F) expenditures which address global environmental problems or which improve environmental conditions outside a Member's territory. SEC. 8137. The Secretary of Interior is authorized to use such sums as are needed to erect in the Canaveral National Seashore a suitable bronze marker to commemorate the dedicated leadership of Congressman Bill Chappell in the establishment of the Canaveral National Seashore. SEC. 8138. Of the amount appropriated in this Act for Research, Development, Test and Evaluation, Navy, the sum of $31,000,000 may be obligated for an evaluation of the Assault Ballistic Rocket System. SEC. 8139. The Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, the sum of $3,625,000 to Shipco General, Inc., an Idaho corporation. The payment of such sum shall be in full satisfaction of any claim of Shipco General, Inc., against the United States arising out of the termination of a contract at Kirtland Air Force Base, New Mexico, for the rehabilitation of 155 housing units for Zia Park Housing (Contract No. F29650-82-C-0201). It shall be unlawful for more than 10 percent of the sum made available by this section to be paid to or received by any agent or attorney for services rendered in connection with the claim described in such section. Any person who violates this section shall be fined not more than $1,000. SEC. 8140. The Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, the sum of $1,124,000 to John Barren, of Peckville, Pennsylvania, for damages incurred as a result of the failure of health care employees at the medical center of the Department of Veterans Affairs in WilkesBarre, Pennsylvania, to admit and treat him properly for a serviceconnected psychiatric condition. The payment of such sum shall be in full satisfaction of any claim against the United States arising out of the admission and treatment of John Barren described in this section: Provided, That no more than 10 percent of the sum appropriated pursuant to this section shall be paid to or received by any agent or attorney for services rendered in connection with the claim
104 STAT. 1913
described in this section: Provided further, That any person who violates this section shall be fined not more than $1,000. SEC. 8141. In addition to funds appropriated or otherwise made available in this Act, $165,000,000 is appropriated only for military personnel in title I, and $85,000,000 is appropriated only for the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) in title II: Provided, That $165,000,000 shall be transferred to the appropriate military personnel appropriations provided in title I of this Act and $85,000,000 shall be transferred to the appropriate operation and maintenance appropriations provided in title II of this Act to be merged with and available for the same purposes and time period as the appropriations to which transferred: Provided further, That this transfer authority shall be in addition to any other transfer authority contained in this Act. SEC. 8142. Funds appropriated by this Act for the Advanced Tactical Fighter program may be obligated for full-scale development without regard to obligational limitations with respect to that program prescribed in the National Defense Authorization Act for Fiscal Year 1991: Provided, That, notwithstanding any other provision of law, none of the unobligated balances or any other funds contained in the National Defense Stockpile Transaction Fund may be transferred or otherwise made available during fiscal year 1991 to the account established under section 2371(e) of title 10, United States Code. TITLE IX
DESERT SHIELD SUPPLEMENTAL APPROPRIATIONS (TRANSFER OF FUNDS)
For incremental costs of Operation Desert Shield $1,000,000,000 is appropriated for transfer from the Defense Cooperation Account, established under section 2608 of title 10, United States Code, to operation and maintenance appropriations of the Department of Defense only to reimburse incremental expenditures made for fuel, transportation, equipment maintenance and purchases from stock
104 STAT. 1914
funds in support of Operation Desert Shield, to be merged with and to be available for the same purposes and the same time period as the appropriation to which transferred: Provided, That the foregoing transfer authority shall be in addition to any other transfer authority contained in this Act. This Act may be cited as the "Department of Defense Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5803 (S. 3189): HOUSE REPORTS: No. 101-822 (Comm. on Appropriations) and No. 101-938 (Comm. of Conference). SENATE REPORTS: No. 101-521 accompanying S. 3189 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 12, considered and passed House. Oct. 15, S. 3189 considered and passed Senate; H.R. 5803, amended, passed in lieu. Oct. 16, passage of S. 3189 vitiated. Oct. 25, House agreed to conference report. Oct. 26, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
104 STAT. 1915

Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1991, and for other purposes. Nov. 5, 1990 [H.R. 5769] Department of the Interior and Related Agencies Appropriations Act, 1991.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending September 30, 1991, and for other purposes, namely: TITLE IDEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Maneigement, including the general administration of the Bureau of Land Management, $500,112,000 of which the following amounts shall remain available until expended: not to exceed $1,200,000 to be derived from the special receipt account established by section 4 of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 46016a(i)), and $20,000,000 for the Automated Land and Mineral Record System Project: Provided, That appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care of the Bureau of Land Management or its contractors.
FIREFIGHTING
For necessary expenses for fire management, emergency rehabilitation, firefighting, fire presuppression, and other related emergency actions by the Department of the Interior, $168,765,000, to remain available until expended: Provided, That such funds also are to be available for repajnnent of advances to other appropriation accounts from which funds were previously transferred for such purposes.
CONSTRUCTION AND ACCESS
For acquisition of lands and interests therein, and construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $15,386,000 to remain available until expended.
104 STAT. 1916

PAYMENTS IN LIEU OP TAXES
For expenses necessary to implement the Act of October 20, 1976 (31 U.S.C. 6901-07), $105,000,000, of which not to exceed $400,000 shall be available for administrative expenses.
LAND ACQUISITION
For expenses necessary to carry out the provisions of sections 205, 206, and 318(d) of Public Law 94-579 including administrative expenses and acquisition of lands or waters, or interest therein, $15,649,000 to be derived from the Land and Water Conservation Fund, to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; $84,476,000, to remain available until expended: Provided, That the amount appropriated herein for road construction shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further. That 25 per centum of the aggregate of all receipts during the current i^scal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land grant fund and shall be transferred to the General Fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per centum of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,188,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing application documents and other authorizations for use and dispossd of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under sections 209(b), 304(a), 304(b), 305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701), and sections 101 and
104 STAT. 1917

43 u s e 1735 note.
203 of Public Law 93-153, to be immediately available until expended: Provided, That notwithstanding any provision to the contrary of subsection 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)), iny moneys that have been or will be received pursuant to that subsection, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to subsection 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this or subsequent appropriations Acts by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such forfeiture, compromise, or settlement are used on the exact lands damage to which led to the forfeiture, compromise, or settlement: Provided further. That such moneys are in excess of amounts needed to repair damage to the exact land for which collected.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act, to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtengmt facilities to which the United States has title; up to $25,000 for pa5nnents, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau of Land Management; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000: Provided, That appropriations herein made for Bureau of Land Mansigement expenditures in connection with the revested Oregon and California Railroad and reconveyed (Doos Bay Wagon Road grant lands (other than expenditures made under the appropriation "Oregon and Cgdifornia grant lands") shall be reimbursed to the Greneral Fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the "Oregon and California land grant fund" and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the "Coos Bay Wagon Road grant fund": Provided further. That appropriations herein made may be expended for surveys of Federal lands and on a reimbursable basis for surveys of Federal lands and for protection of lands for the State of Alaska: Provided further. That an appeal of any reductions in grazing allotments on public rangelands must be taken within thirty days after receipt of a final grazing allotment decision. Reductions of up to 10 per centum in grazing allotments shall become effective when so designated by the Secretary of the Interior. Upon appeal ay_proposed reduction in
Oregon. California.
Alaska. Public lands. 43 u s e 1752 note.
104 STAT. 1918
Cooperative agreements. 31 u s e 6305 note.
excess of 10 per centum shall be suspended pending final action on the appeal, which shall be completed within two years after the appeal is filed: Provided further, That notwithstanding section 5901(a) of title 5, United States Code, the uniform allowance for each uniformed employee of the Bureau of Land Management shall not exceed $400 annually: Provided further. That unobligated balances in the "Recreation Development and Operation of Recreation Facilities" account are to be deposited into the receipt account established by 16 U.S.C. 4601-6a(i): Provided further. That notwithstanding the provisions of the Federal Grants and Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the Bureau is authorized hereafter to negotiate and enter into cooperative arrangements with public and private agencies, organizations, institutions, and individuals, to implement challenge cost-share programs.
UNITED STATES FISH AND WILDUFE SERVICE RESOURCE MANAGEMENT
16 u s e 935 note.
For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; for the general administration of the United States Fish and Wildlife Service; and for maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93-408, $476,272,000 of which $6,671,000 to carry out the purposes of 16 U.S.C. 1535, shall remain available until expended; and of which $9,313,000 shall be for operation and maintenance of fishery mitigation facilities constructed by the Corps of Engineers under the Lower Snake River Compensation Plan, authorized by the Water Resources Development Act of 1976 (9() Stat. 2921), to compensate for loss of fishery resources from water development projects on the Lower Snake River, and which shall remain available until expended; and of which $1,000,000 shall be for contaminant sample analysis, and shall remain available until expended: Provided, That beginning October 1,1990, and thereafter, the United States Fish and Wildlife Service can perform work for the Great Lakes Fishery Commission, authorized by 16 U.S.C. 931939c, Great Lakes Fisheries Act of 1956, on the sea lamprey program on a reimbursable basis: Provided further. That such reimbursements are to be treated as Intragovemmental funds as defined in the publication titled "A Glossary of Terms Used in the Federal Budget Process".
CONSTRUCTION AND ANADROMOUS FISH
Washington.
For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; $93,113,000 to remain available until expended, of which $1,800,000 shall be available for expenses to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a-757g): Provided, That notwithstanding any other provi-
104 STAT. 1919
sion of law, procurements for the visitor center at the Patuxent Wildlife Research Center, the National Training Center, Crab Orchard National Wildlife Refuge dam, and the replacement laboratory for the National Fisheries Research CenterSeattle, Washington may be issued which include the full scope of the facility: Provided further. That the solicitation and contract shall contain the clause "availability of funds" found at 48 CFR 52.232.18: Provided further, That the Patuxent Wildlife Research Center (PWRC) is authorized to enter into a cooperative agreement with the Washington Suburban Sanitary Commission (WSSC) for the purposes of allowing the WSSC to place a water tower on land of the PWRC in return for which the WSSC will provide a continuous supply of potable water to the PWRC National Wildlife Visitor Center. The placement of SEiid water tower will be near the present southern boundary of the PWRC adjacent to Springfield Road and shall encompass no more than five (5) acres of land: Provided further. That title 16 U.S.C. section 3832(aX6) is amended by adding at the end thereof the following: "Provided however, no refund of rental payments and cost sharing pa3mients shall be required when the land is purchased by or for the United States Fish and Wildlife Service;".
LAND ACQUISITION
Cooperative agreements. Utilities. District of Columbia.
For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service, $101,150,000, to be derived from the Land and Water Conservation Fund, to remEiin available until expended.
NATIONAL WILDUFE REFUGE FUND
For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $11,000,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions of the African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 42214225, 4241-4245, and 1538), $1,000,000, to remain available until expended.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act, Public Law 101-233, $15,000,000, to remain available until expended.
Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed 129 passenger motor vehicles, of which 117 are for replacement only (including 39 for police-tjrpe use); not to exceed $400,000 for payment, at the discretion of the Secretary, for information, rewards, or evidence concerning violations of laws administered by the United States Fish and Wildlife Service, and miscellaneous and emergency
104 STAT. 1920
Gifts to Government.
expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources: Provided, That the United States Fish ^n^ Wildlife Service may accept donated aircraft as replacements for existmg aircraft. Amounts collected prior to 1983 for "Special Recreation Use Fees," United States Fish and Wildlife Service, pursuant to 16 U.S.C. 4601-6a (b), (c), and (f) shall be transferred to the General Fund of the Treasury. Amounts collected prior to October 1, 1984 from taxes imposed by section 4161(a) of the Internal Revenue Code; import duties under subpart B of part 5 of schedule 7 of the Tariff Schedules of the United States (19 U.S.C. 1202), and on yachts and pleasure craft under subpart D schedule 6, shall be transferred to the Sport Fish Restoration account of the Aquatic Resources Trust Fund.
NATIONAL PARK SERVICE OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, including not to exceed $492,000 for the Roosevelt Campobello International Park Commission, and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93-408, $881,317,000, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), of which not to exceed $55,500,000 to remain available until expended is to be derived from the special fee account established pursuant to 16 use 20b note, title V, section 5201, of Public Law 1(^0-2^: Provided, That the National Park Service shall not enter into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire investments without compensation: Provided further. That of the funds provided herein, $600,000 is available for the National Institute for West Virginia. the Conservation of Cultural Property: Provided further. That of the funds provided under this head in this Act and in subsequent annual appropriation Acts, $85,000 shall be available to assist the town of Harpers Ferry, West Virginia, for police force use.

NATIONAL RECREATION AND PRESERVATION
104 STAT. 1921
For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance ind review, and grant administration, not otherwise provided for, $18,398,000.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the provisions of the Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470), $34,665,000 to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended, to remain available for obligation until September 30,1992: Provided, That the Trust Territory of the Pacific Islands is a State eligible for Historic Preservation Fund matching grant assistance as authorized under 16 U.S.C. 470w(2): Provided further, That pursuant to section 105(1) of the Compact of Free Association, Public Law 99-239, the Federated States of Micronesia and the Republic of the Marshall Islands shall also be considered States for purposes of this appropriation.
CONSTRUCTION
For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), $271,871,000, to remain available until expended and including $2,000,00() to assist local communities to protect Mammoth Cave National Park from groundwater pollution notwithstanding the fourth proviso under this head in Public Law 99-190: Provided, That for pajnnent of obligations incurred for continued construction of the Cumberland Gap Tunnel, as authorized by section 160 of Public Law 93-87, $28,000,000 to be derived from the Highway Trust Fund and to remain available until expended to liquidate contract authority provided under section 104(a)(8) of Public Law 95-599, as amended: Provided further. That for payments of obligations incurred for improvements to the Gorge Washington Memorial Parkway, $9,700,000 to be derived from the Highway Trust Fund and to remain available until expended to liquidate contract authority provided under section 104(a)(8) of Public Law 95-599, as amended: Provided further. That for payments of obligations incurred for improvements to the Baltimore Washington Parkway, $15,000,000 to be derived from the Highway Trust Fund and to remain available until expended to liquidate contract authority provided under section 104(aX8) of Public Law 95-599, as amended: Provided further. That not to exceed $7,500,000 shall be paid to the Army Corps of Engineers for modifications authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989: Provided further, That of the funds provided under this heading, $4,500,000 shall be available for a grant for the restoration of the Keith Albee Theatre in Huntington, West Virginia, as if authorized by the Historic Sites Act of 1935 (16 U.S.C. 462(e)), such grant funds to be made available on an as needed basis.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of the Urban Park and Recreation Recovery Act of 1978 (title 10 of Public Law 95625) $20,000,000, to remain available until expended.
104 STAT. 1922

LAND AND WATER CONSERVATION FUND (RESCISSION)
16 use 460/-l0a The contract authority provided for fiscal year 1991 by 16 U.S.C. "ot 4601-lOa is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
Florida.
For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the National Park Service, $137,513,000 to be derived from the Land and Water Conservation Fund, to remain available until expended, of which $33,400,000 is for the State Assistance program including $3,400,000 to administer the State Assistance program: Provided, That of the amounts previously appropriated to the Secretary's contingency fund for grants to States $23,000 shall be available in 1991 for administrative expenses of the State grant program: Provided further. That of the amount provided above, $320,000 is for acquisition of the Saxton House, 331 South Market Street, Canton, Ohio, as if authorized by the Historic Sites Act of 1935 (16 U.S.C. 462(e)): Provided further. That, of the amount provided herein $4,200,000 shall be made available by the National Park Service, pursuant to a grant agreement, to the State of Florida and Broward Cbunty so that the State may purchase the "Everglades Buffer Strip" located in Broward County, Florida and stretching approximately 13 miles between State Road 84 and the Dade County line: Provided further. That, management of the Buffer Strip shall be the responsibility of the State of Florida and the grant agreement shall provide that the Buffer Strip shall, after eradication of the exotic species of melaleuca plant, be preserved in its natural state. For the purposes of section 6(fK3) of the Land and Water Conservation Fund Act of 1965 as amended (16 U.S.C. 4601-8(fK3)), the Cap Erb Wildlife Preserve of approximately 6 acres that on the effective date of this section is proposed by the City of Boone, Iowa, to be substituted for land formerly in Blair Park that was converted to non-recreation use, shall be deemed by the Secretary of the Interior to be of equivalent usefulness and location as the land which was so converted: Provided, That if the proposed substitute land is not equal in fair market value, the difference shall be made up in land elsewhere by the State of Iowa.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $21,150,000, of which $13,500,000 shall remain available until expended.
ILUNOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR COMMISSION
For operation of the Illinois and Michigan Canal National Heritage Corridor Commission, $250,000.

104 STAT. 1923
Appropriations for the National Park Service shall be available for the purchase of not to exceed 1 new rotary-wing aircraft for replacement only and 468 passenger motor vehicles, of which 324 shall be for replacement only, including not to exceed 355 for policetype use, 12 buses, and 7 ambulances; to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service; options for the purchase of land at not to exceed $1 for each option; and for the procurement and delivery of medical services within the jurisdiction of units of the National Park System: Provided, That any funds available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations and conduct emergency search and rescue operations in the National Park System: Provided further. That none of the funds appropriated to the National Park Service may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided further. That the National Park Service may use helicopters and motorized equipment at Death Valley National Monument for removal of feral burros and horses: Provided further. That notwithstanding any other provision of law, the National Park Service may recover all costs of providing necessary services associated with special use permits, such reimbursements to be credited to the appropriation current at that time: Provided further. That none of the funds appropriated to the National Park Service may be used to implement an agreement for the redevelopment of the southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full and comprehensive report on the development of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project: Provided further, That hereafter the Cedar Pass Visitor Center at Badlands National Park, South Dakota, shall be known as the Ben Reifel Visitor Center: Provided further, That Federal funds available to the National Park Service may be used for improvements to the National Park Service rail excursion line between Milepost 132.7 and 100.5 located in Northegistern, Pennsylvania: Provided further. That with respect to lands and waters under the jurisdiction of the Secretary of the Interior within the City of Rocks National Reserve established by title II of Public Law 100-696, the Secretary shall hereafter permit hunting in accordance with the otherwise applicable laws of the United States and the State of Idaho, except that he may designate zones where and periods when no hunting may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment: Provided further. That except in emergencies, any regulation prescribing such restrictions shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting activities: Provided further. That with respect to lands and waters under
Reports.
Federal buildings and facilities. 16 u s e 441 note.
16 u s e 460yy-l note.
Regulations. Effective date.
16 u s e 431 note.
104 STAT. 1924
16 use 459f-l.
the jurisdiction of the Secretary within the Hagerman Fossil Beds National Monument, established by title III of Public Law 100-696, the Secretary shall hereafter permit hunting and fishing as well as maintenance of structures necessary to undertake such activities, including but not limited to duck and goose blinds on those lands within an area fifty feet in elevation above the high water level of the Snake River in accordance with otherwise applicable laws of the United States and the State of Idaho. The Act, establishing Assateague Island National Seashore, as amended (16 U.S.C. 459), is amended bv striking out "ten acres" and inserting in lieu thereof "sixteen acres .
GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH
43 use 50. 43 use 50-1.
For expenses necessary for the Geolo^cal Survey to perform surveys, investigations, sind research covering topography, geology, hydrology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (43 U.S.C. 31, 1332 and 1340); classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $573,704,000, of which $66,109,000 shall be available only for cooperation with States or municipalities for water resources investigations: Provided, That no part of this appropriation shall be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality: Provided further, That beginning October 1, 1990, and thereafter, funds received from any State, territory, possession, country, international organization, or political subdivision thereof, for topographic, geologic, or water resources mapping or investigations involving cooperation with such an entity shall be considered as intrsigovernmental funds as defined in the publication titled "A Glossary of Terms Used in the Federal Budget Process".
WORKING CAPITAL FUND
43 use 50a.
There is hereby established in the Treasury of the United States a working capital fund to assist in the management of certain support activities of the Geological Survey (hereafter referred to as the "Survey"), Department of the Interior. The fund shall be available hereafter without fiscal year limitation for expenses necessary for furnishing materials, supplies, equipment, work, and services in support of Survey programs, and, as authorized by law, to agencies of the Federal Government and others. Such expenses may include computer operations and telecommunications services; requirements definition, systems analysis, and design services; acquisition or development of software; systems support services such as implementation assistance, training, and maintenance; acquisition and replacement of computer, telecommunications, and related automatic data processing equipment; and, such other activities as may be approved by the Secretary of the Interior. There are authorized to be transferred to the fund, at fair and reasonable values at the time of transfer, inventories, equipment.
104 STAT. 1925
receivables, and other assets, less liabilities, related to the functions to be financed by the fund as determined by the Secretary of the Interior: Provided, That the fund shall be credited with appropriations and other funds of the Survey, and other agencies of the Department of the Interior, other Federal agencies, and other sources, for providing materials, supplies, equipment, work, and services as authorized by law and such pajrments may be made in advance or upon performance: Provided further. That charges to users will be at rates approximately equal to the costs of furnishing the materials, supplies, equipment, facilities, and services, including such items as depreciation of equipment and accrued annual leave: Provided further. That all existing balsinces as of the date of enactment of this Act from amortization fees resulting from the Survey providing telecommunications services and deposited in a special fund established on the books of the Treasury and available for payment of replacement or expansion of telecommunications services as authorized by Public Law 99-190, are hereby transferred to and merged with the working capital fund, to be used for the same purposes as originally authorized: Provided further. That funds that are not necessary to carry out the activities to be financed by the fund, as determined by the Secretary, shall be covered into miscellaneous receipts of the Treasury.
The amount appropriated for the Geological Survey shall be available for purchase of not to exceed 26 passenger motor vehicles, for replacement only; reimbursement to the General Services Administration for security guard services; contracting for the furnishing of topographic maps ind for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative Eigreements as defined in Public Law 95-224.
MINERALS MANAGEMENT SERVICE LEASING AND ROYALTY MANAGEMENT
For expenses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; including the purchase of not to exceed eight passenger motor vehicles for replacement only; $197,028,000, of which not less than $65,552,000 shall be available for royalty management activities: Provided, That funds appropriated under this Act shall be available for the pasmient of interest in accordance with 30 U.S.C. 1721 Qo) and (d): Provided further. That not to exceed $3,000 shall be available for
104 STAT. 1926
43 use 1338a.
reasonable expenses related to promoting volunteer beach and marine cleanup activities.- Provided further. That notwithstanding 5 U.S.C. 5901(a), as amended, hereafter the uniform allowance for each uniformed employee of the Minerals Management Service shall not exceed $400 annually: Provided further. That notwithstanding any other provision of law, $8,000 under this head shall be available for refunds of overpajmients in connection with certain Indian leases in which the Director of the Minerals Management Service concurred with the claimed refund due: Provided further, That notwithstanding 31 U.S.C. 3302, any moneys hereafter received as a result of the forfeiture of a bond or other security or pa3anent of civil penalty by an Outer Continental Shelf permittee, lessee, or right-of-way holder which does not fulfill the requirements of its permit, lease, or right-of-way or does not comply with the regulations of the Secretary shall be credited to this account to cover the cost to the United States of any improvement, protection, or rehabilitation work rendered necessary by the action or inaction that led to the forfeiture or imposition of the civil penalty, to remain available until expended: Provided further. That any portion of the moneys so credited shall be returned to the permittee, lessee, or right-of-way holder to the extent that the money is in excess of the amount expended in performing the work necessitated by the action or inaction which led to their receipt or, if the bond or security was forfeited for failure to pay the civil penalty, in excess of the civil penalty imposed: Provided further, That notwithstanding any other provision of law, $68,200,000 shall be deducted from Federal onshore mineral leasing receipts prior to the division and distribution of such receipts between the States and the Treasury and shall be credited to miscellaneous receipts of the Treasury.
B U R E A U OF M I N E S MINES AND MINERALS (INCLUDING TRANSFER)
For expenses necessary for conducting inquiries, technological investigations, and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of minersQ resources and the prevention of waste in the mining, minerals, metal, and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines ind the mineral industry through research; and for other related purposes as authorized by law, $182,182,000, of which $102,182,000 shall remain available until expended: Provided, That none of the funds in this or any other Act may be used for the closure or consolidation of any research centers or the sale of any of the helium facilities currently in operation. Funds in the amount of $6,000,000 appropriated pursuant to 102 Stat. 2270-12, Public Law 100-463, and transferred from the Department of Defense to the Bureau of Mines pursuant to 103 Stat. 1124, Public Law 101-165, are to be transferred to the Secretary of Defense to carry out the Soledad Canyon Demonstration Project in Los Angeles County, California. These funds shsill remain available until September 30,1993.

104 STAT. 1927
The Secretary is authorized to accept lands, buildings, equipment. Gifts to and other contributions from public and private sources and to Government, prosecute projects in cooperation with other agencies. Federal, State, or private: Provided, That the Bureau of Mines is authorized, during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not to exceed 15 passenger motor vehicles, of which 11 shall be for replacement only; and uniform allowances of not to exceed $400 for each uniformed employee of the Office of Surface Mining Reclamation and Enforcement; $109,927,000, and notwithstanding 31 U.S.C. 3302, an additional amount, to remain available until expended, equal to receipts to the General Fund of the Treasury from performance bond forfeitures in fiscEd year 1991: Provided, That notwithstanding any other provision of law, the Secretary of the Interior, pursuant to regulations, may utilize directly or through grants to States, moneys collected in fiscal year 1991 pursuant to the assessment of civil penalties under section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely affected by coal mining practices after August 3, 1977, to remain available until expended: Provided further. That the Secretary of the Interior shall abide by and adhere to the terms of the Settlement Agreement in NWR v. Miller, C.A. No. 86-99 (E.D. Ky), and not take any actions inconsistent with the provisions of footnote 3 of the Agreement with respect to any State or Federsil program: Provided further, That the Office 30 USC 1211 of Surface Mining Reclamation and Enforcement may provide for ô^the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. Provided further. That notwithstanding the requirements of section 705 of Public Law 95-87 (30 U.S.C. 1295) appropriations herein shall be available to fund the full costs to the States to implement the Applicant Violator System in compliance with the January 24, 1990 Settlement Agreement between Save Our Cumberland Mountains, Inc. et al. and Manuel Lujan, Jr., Secretary United States Department of the Interior, et al.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not more than 22 passenger motor vehicles, of which 16 shall be for replacement only, $200,006,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97-365, the Department of the Interior is authorized to utilize up to 20 per centum from the
104 STAT. 1928
Pennsylvania.
recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That of the funds made available to the States to contract for reclamation projects authorized in section 406(a) of Public Law 9587, administrative expenses may not exceed 15 per centum: Provided further, That none of these funds shall be used for a reclamation grant to any State if the State has not agreed to participate in a nationwide data system established by the Office of Surface Mining Reclamation and Enforcement through which all permit applications are reviewed and approvals withheld if the applicants (or those who control the applicants) appl5dng for or receiving such permits have outstanding State or Federal air or water quality violations in accordance with section 510(c) of the Act of August 3,1977 (30 U.S.C. 1260(c)), or failure to abate cessation orders, outstanding civil penalties associated with such failure to abate cessation orders, or uncontested past due Abandoned Mine Land fees: Provided further. That the Secretary of the Interior may deny 50 per centum of an Abandoned Mine Reclamation Fund grant, available to a State pursuant to title IV of Public Law 95-87, in accordance with the procedures set forth in section 521(b) of the Act, when the Secretary determines that a State is systematically failing to administer adequately the enforcement provisions of the approved State regulatory program. Funds will be denied until such time as the State and Office of Surface Mining Reclamation and Enforcement have agreed upon an explicit plan of action for correcting the enforcement deficiency. A State may enter into such agreement without admission of culpability. If a State enters into such agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as long as the State is complying with the terms of the agreement: Provided further, That expenditure of moneys as authorized in section 402(gX4) of Public Law 95-87 shall be on a priority basis with the first priority being protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices, as stated in section 403 of Public Law 95-87: Provided further. That 23 full-time equivalent positions are to be maintained in the Anthracite Reclamation Program at the WilkesBarre Field Office: Provided further. That, notwithstanding any other provision of law, funds appropriated pursuant to Public Law 98-181 and derived from receipts of the Abandoned Mine Reclamation Fund shall be made available to and expended by the Commonwealth of Pennsylvania to provide for the acquisition of the ten properties along Route 61 near the Borough of CJentralia, previously identified by the Commonwealth of Pennsylvania to the Office of Surface Mining Reclamation and Enforcement as needing acquisition but ineligible for funding pursuant to Public Law 98-181, and for the relocation of families and individuals residing in such properties who are threatened by the progressive movement of the mine fire currently burning in ind around the Borough of (Dentralia: Provided further. That all acquisitions made by the Commonwealth of Pennsylvania under the authority provided herein shall be at fair market value without regard to the mine fire-related damages and such homeowners shall be treated in a manner that avoids any disparity with the treatment authorized and implemented pursuant to Public Law 98-181: Provided further. That land acquisition and relocation authorized herein shall not require any matching funding from the Commonwealth of Pennsylvania under section 407(e) of
104 STAT. 1929
the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87.
BUREAU OF INDIAN AFFAIRS OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expenditure, contracts, cooperative agreements, and grants including expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $1,326,997,000, including $210,000,000 for school operations costs of Bureau-funded schools which shall become available for obligation on July 1, 1991, and shall remain available for obligation until June 30, 1992, and of which amount, funds obligated pursuant to the authority of Public Law 93-638, as amended, shall remain available for expenditure by the contractor until June 30, 1993; and of which not to exceed $72,024,000 for higher education scholarships, adult vocational training, and assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall remain available for obligation until September 30, 1992, and of which $2,180,000 for litigation support shall remain available until expended, $3,000,000 for self-governance tribal compacts shall be made available on completion and submission of such compacts to the Congress, and shall remain available until expended, and the funds made available to tribes and tribal organizations through contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available until September 30, 1992: Provided, That this carryover authority does not extend to programs directly operated by the Bureau of Indian Affairs unless the tribe(s) and the Bureau of Indian Affairs enter into a cooperative agreement for consolidated services; and for expenses necessary to carry out the provisions of section 19(a) of Public Law 93-531 (25 U.S.C. 640d-18(a)), $1,327,000, to remain available until expended: Provided further. That none of the funds appropriated to the Bureau of Indian Affairs shall be expended as matching funds for programs funded under section 103(b)(2) of the Carl D. Perkins Vocational Education Act: Provided further, That $200,000 of the funds made available in this Act shall be available for cyclical maintenance of tribally owned fish hatcheries and related facilities: Provided further, That none of the funds in this Act shall be used by the Bureau of Indian Affairs to transfer funds under a contract with any third party for the management of tribal or individual Indian trust funds until the funds held in trust for all such tribes or individuals have been audited and reconciled to the earliest possible date, the results of such reconciliation have been certified by an independent party as the most complete rec-
39-194 O - 91 - 19 : QL 3 Part 3
104 STAT. 1930
Leonard Felder. Rita Felder.
onciliation of such funds possible, and the affected tribe or individual has been provided wdth an accounting of such funds: Provided further. That notwithstanding any other provision of law, the statute of limitations shall not commence to run on any claim concerning losses to or mismanagement of trust funds, until the affected tribe or individual Indian has been furnished with the accounting of such funds: Provided further, That $300,000 of the amounts provided for education program management shall be available for a grant to the Close Up Foundation: Provided further. That $220,000 of the amounts provided for administrative services shall be available for payment to eliminate the tax liability of Leonard and Rita Felder of Barrow, Alaska and that $221,000 of these funds shall be paid into the Treasury of the United States in extinguishment of the tax liability of Leonard and Rita Felder and $19,000 of these funds shall be available for pa3nnent for the aggregate attorney and accountant fees: Provided further. That such amount shall not be included in gross income for purposes of Federal income taxation: Provided further, That $300,000 of the amounts provided for aid to tribal government shall be available until expended for operation of the Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives, authorized in Public Law 101-379: Provided further. That not more than $3,235,000 shall be made available for the Federal Financial System in fiscal year 1991: Provided further. That none of the funds provided in this Act may be used to prepare a reprogramming proposal to reorganize the Bureau of Indian Affairs until a task force consisting of tribal. Bureau and departmental representatives reviews any proposal to reorganize the Bureau and reports to the Committees on Appropriations regarding consultation and a review of the proposal: Provided further. That none of the funds provided in this Act may be used to undertake a reorganization pursuant to 64 Stat. 1262 or any other provision of law.
CONSTRUCTION
For construction, major repair, and improvement of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands and interests in lands; preparation of lands for farming; maintenance of Indian reservation roads as defined in section 101 of title 23, United States Code; and construction, repair, and improvement of Indian housing, $168,536,000, to remain available until expended: Provided, That $1,000,000 of the funds made available in this Act shall be available for rehabilitation of tribally owned fish hatcheries and related facilities: Provided further. That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further. That not to exceed 6 per centum of contract authority available to the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover the road program management costs of the Bureau of Indian Affairs: Provided further. That none of the funds available to the Bureau of Indian Affairs in this or any other Act shall be used to transfer, through agreement, memorandum of understanding, demonstration project or other method, the Safety of Dams program of the Bureau of Indian Affairs to the Bureau of Reclamation: Provided further. That nothing herein shall prevent the Bureau of Indian Affairs or tribes from using, on a case-by-case basis, the technical expertise of
104 STAT. 1931
the Bureau of Reclamation: Provided further, That none of the funds provided for the Safety of Dams program are available for transfer pursuant to sections 101 and 102 of this Act.
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals pursuant to Public Laws 98-500, 99-264, 100-383, 100-512, 100-580, and 100-585, including funds for necessary administrative expenses, $56,431,000, to remain available until expended: Provided, That . notwithstanding any other provision of law, funds appropriated pursuant to Public Law 100-383 shall not be subject to the provisions of 43 U.S.C. 1606(i): Provided further. That income earned on 25 USC 1773d funds appropriated by Public Law 101-121, October 23, 1989, 103 note. Stat. 701, 715 for the purposes of section 6(b) of the Puyallup Tribe of Indians Settlement Act of 1989, Public Law 101-41, June 21, 1989, 103 Stat. 83, may be utilized by the Permanent Trust Fund Board of Trustees to secure necessary and appropriate financial, auditing, accounting, insurance and other administrative services to fulfill the Board of Trustees' fiduciary and administrative responsibilities: Provided further, That no more than 5 per centum of the income in any year may be utilized for such purposes: Provided further. That 16 U.S.C. 1166(e) is amended by adding the following new subsection: "(3) There is authorized to be appropriated to the Secretary of the Interior $3,500,000 for distribution to the Trust for the purpose of preserving and maintaining municipal, community, and tribal functions while an economy not dependent on sealing is established.": Provided further. That $35,000,000 shall be made available on October 1,1991, subject to enactment of H.R. 5367 as passed the House of Representatives on October 10, 1990 and as passed the Senate on October 16,1990.
NAVAJO REHABILITATION TRUST FUND
For Navajo tribal rehabilitation and improvement activities in accordance with the provisions of section 32(d) of Public Law 93-531, as amended (25 U.S.C. 640d-30), including necessary administrative expenses, $3,000,000, to remain available until expended.
REVOLVING FUND FOR LOANS
During fiscal year 1991, and within the resources and authority available, gross obligations for the principal amount of direct loans pursuant to the Indian Financing Act of 1974, as amended (88 Stat. 77; 25 U.S.C. 1451 et seq.), shall not exceed resources and authority available.
INDIAN LOAN GUARANTY AND INSURANCE FUND
For payment of interest subsidies on new and outstanding guaranteed loans and for necessary expenses of management and technical assistance in carrying out the provisions of the Indian Financing Act of 1974, as amended (88 Stat. 77; 25 U.S.C. 1451 et seq.), $11,787,000, to remain available until expended, of which not to exceed $500,000 shall remain available for payment of losses on surety bonds guaranteed pursuant to the authority of said Act: Provided, That during fiscal year 1991, total commitments to guarantee loans pursuant to said Act may be made only to the extent that the total loan
104 STAT. 1932
principal, any part of which is to be guaranteed, shall not exceed resources and authority available.
Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans and the Indian loan guarantee and insurance fund) shall be available for expenses of exhibits, and purchase of not to exceed 162 passenger canying motor vehicles, of which not to exceed 115 shall be for replacement only.
TERRITORIAL AND INTERNATIONAL AFFAIRS ADMINISTRATION OF TERRITORIES
48 use 1401f, 1423/, 1665. 48 use 1469b.
For expenses necessary for the administration of territories under the jurisdiction of the Department of the Interior, $106,219,000, of which (1) $102,912,000 shall be available until expended for technical assistance; maintenance assistance; drug interdiction and abuse prevention; late charges and payments of the annual interest rate differential required by the Federal Financing Bank, under terms of the second refinancing of an existing loan to the Gueim Power Authority, as authorized by law (Public Law 98-454; 98 Stat. 1732); grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands as authorized by law; grants to the Government of Guam, as authorized by law; grants to the Government of the Northern Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $3,307,000 shall be available for salaries and expenses of the Office of Territorial and International Affairs: Provided, That the territorial and local governments herein provided for are authorized to make purchases through the General Services Administration: Provided further. That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or utilized by such governments, shall be audited by the General Accounting Office, in accordance with chapter 35 of title 31, United States Code: Provided further. That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 99-396, except that should the Secretary of the Interior believe that the performance standards of such agreement are not being met, operations funds may be withheld, but only by Act of Congress as required by Public Law 99-396: Provided further. That $1,025,000 of the amounts provided for technical assistance shall be available for a grant to the Close Up Foundation: Provided further. That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance of capital infrastructure in American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia through assessments of longrange operations and maintenance needs, improved capability of
104 STAT. 1933
local operations and maintenance institutions and agencies (including management and vocationsd education training), and projectspecific maintenance (with territorial participation and cost sharing to be determined by the Secretary based on the individual territory's commitment to timely maintenance of its capital assets): Provided further. That funds provided herein for disaster hazard mitigation projects are not available for obligation until authorizing legislation is enacted.
TRUST TERRITORY OF THE PACIFIC ISLANDS
For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Isleinds pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495); grants to the Trust Territory of the Pacific Islands, in addition to local revenues, for support of governmental functions; $48,707,000 to remain available until expended, including $8,000,000 to reduce the accumulated deficit of the former Trust Territory Government and $4,200,000 for settlement purposes related to reef and beach damage on Kosrae Island resulting from airport construction: Provided, That all financial transactions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with chapter 35 of title 31, United States Code: Provided further. That the government of the Trust Territory of the Pacific Islands is authorized to make purchases through the General Services Administration: Provided further. That all Government operations funds appropriated and obligated for the Republic of Palau under this account for fiscal year 1991, shall be credited as an offset against fiscal year 1991 pa3mients made pursuant to the legislation approving the Palau Compact of Free Association (Public Law 99-658), if such Compact is implemented before October 1,1991: Provided further, That not less than $300,000 of the grants to the Republic of Palau, for support of governmental functions, shall be dedicated to the College of Micronesia in accordance with the agreement between the Micronesian entities.
COMPACT OF FREE ASSOCIATION
48 USC 1683.
48 USC 1682.
For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands as provided for in sections 122, 221, 223, 232, and 233 of the Compact of Free Association, $24,800,000, to remain available until expended, as authorized by Public Law 99-239: Provided, That the effective date of the Palau Compact for purposes of economic assistance pursuant to the Palau Compact of Free Association, Public Law 99-658, shall be the effective date of the Palau Compact as determined pursuant to section 101 of Public Law 101-219.
Effective date,
104 STAT. 1934

DEPARTMENTAL OFFICES OFFICE OF THE SECRETARY SALARIES AND EXPENSES
Dick A. Blenden.
For necessary expenses of the Office of the Secretary of the Interior, $58,736,000, of which not to exceed $10,000 may be for official reception and representation expenses and also of which not less than $55,000 shall be available to pay the claim of Dick A. Blenden of Carlsbad, New Mexico, made under Public Law 96-549, 94 Stat. 3219, and settled in United States v. Blenden, Civil Action Numbered 85-1587 JB (D.N.M.).
OFFICE OF THE SOLICITOR SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor, $26,883,000.

OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General, $22,156,000.

CONSTRUCTION MANAGEMENT SALARIES AND EXPENSES
For necessary expenses of the Office of Construction Management, $2,097,000.

NATIONAL INDIAN GAMING COMMISSION SALARIES AND EXPENSES
For necessary expenses of the National Indian Gaming Commission, pursuant to Public Law 100-497, $1,254,000.
There is hereby authorized for acquisition from available resources within the Working Capital Fund, 11 aircraft, 7 of which shall be for replacement and which may be obtained by donation, purchase or through available excess surplus property: Provided, That no programs funded with appropriated funds in the "Office of the Secretary", "Office of the Solicitor", and "Office of Inspector General" may be augmented through the Working Capital Fund or the Consolidated Working Fund. GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR SEC. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made avail-
104 STAT. 1935
able to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible. SEC. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oilspills; response and natural resource damage assessment activities related to actual oilspills; for the prevention, suppression, and control of actual or potential grasshopper and Mormon Cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 17730)) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for fire suppression purposes shall be available for the pajmient of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further. That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided further. That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. SEC. 103. Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by sections 1535 and 1536 of title 31, U.S.C: Provided, That reimbursements for costs and supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $500,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the pajnnent of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. SEC. 105. Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or
104 STAT. 1936
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204). SEC. 106. Appropriations made in this title shall be available for obligation in connection with contracts issued by the General Services Administration for services or rentals for periods not in excess of twelve months beginning at any time during the fiscal year. SEC. 107. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance changing the name of the mountain located 63 degrees, 04 minutes, 15 seconds west, presently named and referred to as Mount McKinley. SEC. 108. Notwithstanding any other provisions of law, appropriations in this title shall be available to provide insurance on official motor vehicles, aircraft, and boats operated by the Department of the Interior in Canada and Mexico. SEC. 109. No funds provided in this title may be used to detail any employee to an organization unless such detail is in accordance with Office of Personnel Management regulations. SEC. 110. No funds provided in this title may be expended by the Department of the Interior for the conduct of offshore leasing and related activities placed under restriction in the President's moratorium statement of June 26, 1990, in the areas of Northern, Central, and Southern California; the North Atlantic; Washington and Oregon; and the Eastern Gulf of Mexico south of 26 degrees north latitude and east of 86 degrees west longitude. SEC. 111. No funds provided in this title may be expended by the Department of the Interior for the conduct of leasing, or the approval or permitting of any drilling or other exploration activity, on lands within the North Aleutian Basin planning area. SEC. 112. No funds provided in this title may be expended by the Department of the Interior for the conduct of preleasing and leasing activities for Outer Continental Shelf Lease Sale 137 in the Eastern Gulf of Mexico. SEC. 113. No funds provided in this title may be expended by the Department of the Interior for the conduct of preleasing and leasing activities within an area of the Outer Continental Shelf, as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)), located in the Atlantic Ocean, bounded by the following line: from the intersection of the seaward limit of the Commonwealth of Massachusetts territorial sea and the 71 degree West longitude line south along that longitude line to its intersection with the line which passes between blocks 423 and 467 on Outer Continental Shelf protraction diagram NK 19-10; then southwesterly along a line 50 miles seaward of the States of Rhode Island, Connecticut, New York, New Jersey, Delaware, and Maryland, to its intersection with the 38 degree North latitude line; then westerly along the 38 degree North latitude line until its approximate intersection with the seaward limit of the State of Maryland territorial sea; then northeasterly along the seaward limit of the territorial sea to the point of beginning at the intersection of the seaward limit of the territorial sea and the 71 degree West longitude line. SEC. 114. None of the funds made available by this Act may be used for the implementation or financing of agreements or arrangements with entities for the management of all lands, waters, and interests therein on Matagorda Island, Texas, which were purchased by the Department of the Interior with federally appropriated amounts from the Land and Water Conservation Fund.
104 STAT. 1937
SEC. 115. The provision of section 114 shall not apply if the 16 use I8f-i. transfer of management or control is ratified by law. SEC. 116. In fiscal year 1991 and thereafter, the Secretary may exercise the authorities granted in the Act of July 1, 1955 (16 U.S.C. 18f) in administration of the Department of the Interior Museum, and may dispose of objects no longer needed for the Museum or held in duplicate among museum properties and apply the proceeds to the purchase of museum objects, museum collections, and other personal properties at reasonable prices. SEC. 117. Notwithstanding any other provision of law, any appropriations or funds available to the Department of the Interior in this Act may be used to provide nonmonetary awards of nominal value to private individuals and organizations that make contributions to Department of the Interior programs. SEC. 118. Appropriations under this title may be made available for paying costs incidental to the utilization of services contributed by individuals who serve without compensation as volunteers in aid of work for units of the Department of the Interior. SEC. 119. None of the funds available to the Bureau of Indian Indians. Affairs in this or any other Act shall be used to evict, or demolish Washington. the homes or structures of those members of the Yakima Indian Housing. Tribe presently residing at Federal in lieu fishing sites located at Cooks Landing and Underwood in the State of Washington within the area ceded to the United States of America under the Treaty with the Yakima, 1855, 12 Stat. 698 (1859), until a final decision is issued by the court of jurisdiction in the case now pending. SEC. 120. STATUTE OF LIMITATIONS.Holders of mining claims Miners. subject to the injunction issued in Northern Alaska Environmental Claims. Center v. Hodel, Civil Case J-85-009, U.S. District Court, (District of Alaska) may file an action for inverse condemnation against the United States at least until December 31,1999. SEC. 121. APPRAISAL PROCEDURE.(a) Holders of unpatented Miners. mining claims subject to the injunction issued in Northern Alaska Claims. Environmental Center v. Hodel, Civil Case J-85-009, U.S. District Court, (District of Alaska) may apply to the Department of the Interior for a validity determination. The validity determination shall be conducted jointly by the National Park Service and the Bureau of Land Management within two years of application, subject to the availability of appropriated funds. Upon completion of Reports. the validity determination, copies of the final written report, reviewed and approved by the Bureau of Land Management, shall be provided to the claimant. (b) Upon receipt by the National Park Service of (1) a finding of validity pursuant to subsection (a), or evidence of a valid patent, and (2) an offer of sale of said mining claims, the National Park Service shall commence the appraisal process pursuant to subsection (c). (c) Upon fulfillment of the requirements of subsection (b), a panel of three persons shall be selected pursuant to the procedures of the American Arbitration Association. The panel shall consist of an attorney familiar with mining law, a registered professional mining engineer/geologist familiar with mineral appraisal and methods of production for the type of claim in question, and in the case of patented mining claims an appraiser qualified to perform surface estate appraisals. The appraisal shall be completed within one year of the date the panel is selected. Nothing in this subsection shall require the conduct of a new appraisal for lands or claims for which a valid current government appraisal already exists.
104 STAT. 1938
(d) Within six months of completion of the appraisal process for a mining claim under subsection (c), the National Park Service shall, subject to the availability of appropriated funds, or as soon thereafter as funds become available, make an offer to the claimant to purchase said claim for the appraised value. The claimant shall have six months to accept or reject the offer.
SEC. 122. BOUNDARY MODIFICATION.(a) BOUNDARIES OF CRANBERRY WILDERNESS.Section 1 of the Act of J a n u a r y 13, 1983 (96
16 use 1132 note.
Stat. 2538, 16 U.S.C. 1132), is amended by deleting "on a map entitled 'Cranberry WildernessProposed', dated May 1982" and inserting in lieu thereof "on a map entitled 'Cranberry Wilderness Revised', dated February 1990".
(b) PROTECTIVE STIPULATIONS.The construction, maintenance,
and use of any structure or facility on those National Forest lands excluded from the Cranberry Wilderness by the boundary adjustment made by this Act shall be restricted to protection and enhancement of the fishery and other natural values of the Cranberry River, the Cranberry Wilderness and its surrounding environment, and all such structures and facilities on such lands shall be constructed of materials that blend, and are compatible with, the immediate and surrounding landscape. TITLE IIRELATED AGENCIES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST R E S E A R C H
For necessary expenses of forest research as authorized by law, $168,512,000, to remain available until September 30,1992.
STATE AND PRIVATE FORESTRY
West Virginia.
For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions, and others; and for forest pest management activities, $183,377,000, to remain available until expended, as authorized by law: Provided, That a grant of $4,500,000 shall be available to Mercer County, West Virginia for the construction and equipping of a hardwood training center and a flexible manufacturing center.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for administrative expenses associated with the management of funds provided under the heads "Forest Research", "State and Private Forestry", "National Forest System", "Construction", "Forest Service Firefighting", and "Land Acquisition", $1,302,687,000 to remain available for obligation until September 30, 1992, and including 65 per centum of all monies received during the prior fiscal year as fees collected under the Land and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 o/ the Act (16 U.S.C. 4601-6a(i)): Provided, That unexpended balances in the National Forest System account at the end of fiscal year 1990, shall be merged with and made a part of
104 STAT. 1939
the fiscal year 1991 National Forest System appropriation, and shall remain available for obligation until September 30, 1992: Provided further, That timber volume authorized or scheduled for sale during fiscal year 1990, but which remains unsold at the end of fiscal year 1990, shall be offered for sale during fiscal year 1991 in addition to the fiscal year 1991 timber sale volume to the extent possible: Provided further, That no more than $5,000,000 of the funds provided herein for road msuntenance shall be available for the planned obliteration of roads which are no longer needed.
FOREST SERVICE FIREFIGHTING
For necessary expenses for firefighting on or adjacent to National Forest System lands or Department of the Interior lands, and for forest fire management and presuppression; and emergency operations on National Forest System lands, $299,507,000, to remain available until expended: Provided, That such funds are also to be available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes.
CONSTRUCTION
For necessary expense of the Forest Service, not otherwise provided for, for construction, $278,593,000, to remain avEiilable until expended, of which $83,245,000 is for construction and acquisition of buildings and other facilities; and $195,348,000 is for construction of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That funds becoming available in fiscal year 1991 under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the Treasury of the United States: Provided further. That not to exceed $110,000,000, to remain available until expended, may be obligated for the construction of forest roads by timber purchasers.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, is amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $89,163,000, to be derived from the Land and Water Conservation Fund, to remain available until expended of which $300,000 is for acquisition of land and interests therein at and near the Old Chief Joseph Gravesite, Wallowa County, Oregon, as depicted on a map entitled "Old Chief Joseph Gravesite Acquisition1990" on file with the Forest Service, pursuEint to the Department of Agriculture Organic Act of 1956 (7 U.S.C. 428(a)): Provided, That of the funds previously appropriated under this head for land acquisition, the Forest Service shall match on a doUar-for-doUar basis, but not to exceed $769,000, any amount that the Bonneville Power Administration makes available to implement the Northwest Resource Information Center, Inc.'s water resource and fish enhancement proposal of April 20, 1990, as amended June 8, 1990, and September 6, 1990, and as certified by the Area Ranger of the Sawtooth Nationsd Recreation Area on October 1, 1990: Provided further. That the funds shall not be expended by the Forest Service to implement the proposal unless it is stipulated that the Federal government will receive from the owner of Busterback
104 STAT. 1940
Ranch the full interest and control of the water rights necessary to meet fully the anadromous fish requirements of the proposal.
ACQUISITION OF LANDS FOR NATIONAL FORESTS State listing. SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $1,103,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities pursuant to the Act of December 4, 1967, as amended (16 U.S.C. 484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and improvement, 50 per centum of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the sixteen Western States, pursuant to section 4010t)Xl) of Public Law 94-579, as amended, to remain available until expended, of which not to exceed 6 per centum shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $30,000 to remain available until expended, to be derived from the fund established pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 202 passenger motor vehicles of which 27 will be used primarily for law enforcement purposes and of which 170 shall be for replacement only, of which acquisition of 144 passenger motor vehicles shall be from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed two for replacement only, and acquisition of 97 aircraft from excess sources; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (b) services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniform allowances for each uniformed employee of the Forest Service, not in excess of $400 annually; (d) purchgise, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) acquisition of land, waters, and interests therein, pursuant to the Act of August 3,1956 (7 U.S.C. 428a); (f) for expenses
104 STAT. 1941
pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (g) for debt collection contracts in accordance with 31 U.S.C. 3718(c). None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research. State and private forestry, or National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry in the United States Senate and the Committee on Agriculture in the United States House of Representatives. Any appropriations or funds available to the Forest Service may be advanced to the Forest Service Firefighting appropriation and may be used for forest firefighting and the emergency rehabilitation of burned-over lands under its jurisdiction. The appropriation structure for the Forest Service may not be altered without advance approval of the House and Senate Committees on Appropriations. Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service may be used to reimburse employees for the cost of State licenses and certification fees pursuant to their Forest Service position and that are necessary to comply with State laws, regulations, and requirements. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development and the Office of International Cooperation and Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations. All funds received for timber salvage sales may be credited to the Forest Service Permanent Appropriations to be expended for timber salvEige sales from any national forest and for timber sales preparation to replace sales lost to fire or other causes, and sales preparation to replace sales inventory on the shelf for any national forest to a level sufficient to maintain new sales availability equal to a rolling five-year average of the total sales offerings, and for design, engineering, and supervision of construction of roads lost to fire or other causes associated with the timber sales programs described above: Provided, That notwithstanding any other provision of law, moneys received from the timber salvage sales program in fiscal year 1991 shall be considered as money received for purposes of computing and distributing 25 per centum payments to local governments under 16 U.S.C. 500, as amended: Provided further, That these payments shall not be made before October 1, 1991: Provided further. That these actions are taken pursuant to section 202(b)(1) of Public Law 100-119 (2 U.S.C. 909). None of the funds made available to the Forest Service under this Act shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is approved in advance by the House and Senate Committees on Appropriations in compliance with the reprogramming procedures contained in House Report 99-714.
104 STAT. 1942
Cooperative agreements,
No funds appropriated to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture without the approval of the Chief of the Forest Service. Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service may be used to disseminate program information to private and public individuals and organizations through the use of nonmonetary items of nominal value and to provide nonmonetary awards of nominal value and to incur necessary expenses for the nonmonetary recognition of private individuals and organizations that make contributions to Forest Service programs. Notwithstanding any other provision of law or existing policy, the peak that is the second peak to the south of Mount Whitney, and is the highest point on Pinnacle Ridge where it reaches the Sierra Crest, located approximately V mile to the south of the summit of 4 Mount Whitney and approximately V mile to the north of the a summit of Mount Muir, near Lone Pine, in the State of California, shall be known and designated as "Crooks Peak". Any reference in any law, regulation, document, record, map, or other paper of the United States to the peak is deemed to be a reference to "Crooks Peak". Funds available to the Forest Service shall be available to conduct a program of not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by the Youth Conservation Corps as if authorized by the Act of August 13,1970, as amended by Public Law 93-408. Notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the Forest Service is authorized to negotiate and enter into cooperative arrangements with public and private agencies, organizations, institutions, and individuals to continue the Challenge Cost-Share Program. None of the funds available in this Act shall be used for timber sale preparation using clearcutting or other forms of even-age management in hardwood stands in the Shawnee National Forest, Illinois. None of the funds available in this Act shall be used for timber sale preparation using clearcutting in hardwood stands in excess of 25 percent of the fiscal year 1989 harvested volume in the Wajnie National Forest, Ohio: Provided, That this limitation shall not apply to hardwood stands damaged by natural disaster: Provided further. That landscape architects shall be used to maintain a visually pleasing forest. None of the funds made available to the Forest Service in this Act shall be expended for the purpose of issuing a special use authorization permitting land use and occupancy and surface disturbing activities for any project to be constructed on Lewis Fork Creek in Madera County, California, at the site above, and adjacent to, Corlieu Falls bordering the Lewis Fork Creek National Recreation Trail until the studies required in Public Law 100-202 have been submitted to the Congress: Provided, That any special use authorization shall not be executed prior to the expiration of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt of the required studies by the Speaker of the House of Representatives and the President of the Senate.
104 STAT. 1943
Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not in the vicinity of National Forest System lands shall be used to reimburse the applicable appropriation and shall remain available until expended as the Secretary may direct in conducting activities authorized by 16 U.S.C. 2101 (note), 2101-2110,1606, and 2111. No funds made available under this Act may be used for the issuance of any permit or other authorization providing access to, or permitting the construction of, any motel-restaurant or similar overnight accommodations on lands located within the exterior boundaries of the Allegheny National Forest in the State of Pennsylvania, and no funds made available under this Act may be used to enter into any contract or lease for the construction of any such facilities. The Secretary of Agriculture may sell to the Louisiana Pacific Louisiana. Corporation, without complying with the advertisement and Forests and competitive bidding requirements of section 14 of the National ^""^^ ^^ ^^ ^ Forest Management Act of 1976 (Public Law 94-599, 16 U.S.C. 472a) and of the regulations issued by the Secretary, replacement trees, portions of trees, or forest products located on National Forest System lands that are equal in total value to the trees, portions of trees, or forest products deleted by agreement of the Secretary and the Louisiana Pacific Corporation from the contract (numbered 001657) for the sale of timber in the Bowen Gulch area of the Arapaho National Forest, State of Colorado: Provided, That in selling such replacement trees, portions of trees, or forest products, the Secretary shall comply with all other laws and regulations applying to timber sales on National Forest System lands. Of the funds available to the Forest Service, $1,500 is available to the Chief of the Forest Service for official reception and representation expenses. Notwithstanding section 705(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 539d(a)), $42,887,000 shall be available from the Tongass Timber Supply Fund for timber supply, protection and management, research, resource protection, and construction on the Tongass National Forest in fiscal year 1991: Provided, That all of the funds available from the Tongass Timber Supply Fund in fiscal year 1991 pursuant to section 705(a) of Public Law 96-487 shall be deemed obligated as of October 1,1990 and shall remain available until expended: Provided, That this funding limitation shall not include those funds available to the Forest Service as National Forest System, Construction, Trust Funds, Permanent Funds (other than the Tongass Timber Supply Fund), or Purchaser Road Construction. Notwithstanding any other provision of law, funds allocated by the Forest Service to a specific national forest in fiscal year 1992 for National Forest System trail construction; trail maintenance; wildlife and fish habitat management; soil, water and air management; cultural resource management; wilderness management; and reforestation and stand improvement shall be increased by 5 per centum on October 1, 1991 if the specific national forest attains the timber sale offer volume and timber pipeline preparation volume target established for fiscal year 1991: Provided, That these funds shall be made available in fiscal year 1992 from fiscal year 1991 timber receipts returned to the Federal Treasury and shall be avgiilable until expended: Provided further. That these funds are in
104 STAT. 1944
Disaster assistance.
addition to any other funds appropriated for these activities and can be merged into regular appropriated accounts. Notwithstanding any other provision of law, the Forest Service is authorized to employ or otherwise contract with persons at regular rates of pay, as determined by the Service, to perform work occasioned by emergencies such as fires, storms, floods, earthquakes or any other unavoidable cause without regard to Sundays, Federal holidays, and the regular workweek. The Chief of the Forest Service is authorized to establish an advisory committee on the Ouachita National Forest to advise the Forest Supervisor on the new Forest Plan including principles of "New Perspectives" for forest management, and other land management activities. The committee shall be comprised of individuals who in the Chiefs judgment, represent a diversity of views: Provided, That every effort shall be made to ensure that environmental and business concerns are equally represented on the committee. The committee may be formed without being subject to the Federal Advisory Committee Act (86 Stat. 770). Committee members shall serve without compensation but may be reimbursed for travel expenses at the prevailing Government rate. Section 3 of Public Law 87-869 (16 U.S.C. 554d, 76 Stat. 1157) is hereby amended by striking the number "$35,000" and inserting in lieu thereof "$100,000". The Forest Service is directed to begin the preparation of all environmental documents necessary to implement the management goals, policies, standards, and guidelines contained in the recently completed land and resource management plans on the national forests in Region 6, Oregon and Washington. DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
The first paragraph under this head in Public Law 101-121 is amended by striking "$600,000,000 shall be made available on October 1, 1990, and shall remain available until expended, and $600,000,000 shall be made available on October 1, 1991, and shall remain available until expended" and inserting "$600,000,000 shall be made available as follows: $35,000,000 on September 1, 1991, $315,000,000 on October 1,1991, and $250,000,000 on October 1,1992, all such sums to remain available until expended for use in conjunction with a separate general request for proposals, and $600,000,000 shall be made available as follows: $150,000,000 on October 1, 1991, $225,000,000 on October 1,1992, and $225,000,000 on October 1,1993, all such sums to remain available until expended for use in conjunction with a separate general request for proposals": Provided, That these actions are taken pursuant to section 202(b)(1) of Public Law 100-119 (2 U.S.C. 909): Provided further. That a fourth general request for proposals shall be issued not later than February 1,1991, and a fifth general request for proposals shall be issued not later than March 1, 1992: Provided further. That project proposals resulting from such solicitations shall be selected not later than eight months after the date of the general request for proposals: Provided further. That for clean coal solicitations required herein, provisions included for the repajnnent of government contributions to individual projects shall be identical to those included in the Program Opportunity Notice (PON) for Clean Coal Technology III (CCT-III)
104 STAT. 1945
Demonstration Projects (solicitation number DE-PSOl-89 FE 61825), issued by the Department of Energy on May 1, 1989: Provided further, That funds provided under this head in this or any other appropriations Act shall be expended only in accordance with the provisions governing the use of such funds contained under this head in this or any other appropriations Act. With regard to funds made available under this head in this and previous appropriations Acts, unobligated balances excess to the needs of the procurement for which they originally were made available may be applied to other procurements for use on projects for which cooperative agreements are in place, within the limitations and proportions of Government financing increases currently allowed by law: Provided, That the Department of Energy, for a period of up to five (5) years after completion of the operations phase of a cooperative agreement may provide appropriate protections, including exemptions from subchapter II of chapter 5 of title 5, United States Code, against the dissemination of information that results from demonstration activities conducted under the Clean Coal Technology Program and that would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from and first produced by a non-Federal party participating in a Clean Coal Technology project: Provided further. That, in addition to the full-time permanent Federal employees specified in section 303 of Public Law 97257, as amended, no less than 90 full-time Federal employees shall be assigned to the Assistant Secretary for Fossil Energy for carrying out the programs under this head using funds available under this head in this and any other appropriations Act and of which 35 shall be for PETC and 30 shall be for METC: Provided further, That reports on projects selected by the Secretary of Energy pursuant to authority granted under this heading which are received by the Speaker of the House of Representatives and the President of the Senate less than 30 legislative days prior to the end of the second session of the 101st Congress shall be deemed to have met the criteria in the third proviso of the fourth paragraph under the heading "Administrative provisions. Department of Energy" in the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in Public Law 99-190, upon expiration of 30 calendar days from receipt of the report by the Speaker of the House of Representatives and the President of the Senate or at the end of the session, whichever occurs later.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
Confidential business information.
Reports.
For necessary expenses in carrjdng out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95-91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, $461,167,000, to remain available until expended, of which $267,000 is for the functions of the Office of the Federal Inspector for the Alaska Natural Gas Transportation System established pursuant to the authority of Public Law 94-586 (90 Stat. 2908-2909) and of which $2,969,000 is for the fuels program: Provided further, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas.
104 STAT. 1946
Cooperative agreements.
Reports.
Of the funds herein provided, $40,250,000 is for implementation of the June, 1984 multiyear, cost-shared magnetohydrodynamics program targeted on proof-of-concept testing: Provided, That 35 per centum private sector cash or in-kind contributions shall be required for obligations in fiscal year 1991, and for each subsequent i^scal year's obligations private sector contributions shall increase by 5 per centum over the life of the proof-of-concept plan: Provided further. That existing facilities, equipment, and supplies, or previously expended research or development funds are not cost-sharing for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice: Provided further. That cost-sharing shall not be required for the costs of constructing or operating Government-owned facilities or for the costs of Government organizations. National Laboratories, or universities and such costs shall not be used in calculating the required percentage for private sector contributions: Provided further. That private sector contribution percentages need not be met on each contract but must be met in total for each fiscal year. Of the funds provided herein, $2,500,000 shall be for a grant for the National Research Center for Coal and Energy, and $2,000,000 shall be for a grant to be matched on an equal basis from other sources for the University of North Dakota Energy and Environmental Research Center. Of the funds provided herein, $8,000,000 is to initiate a ten-year industry/government cooperative agreement to design, construct, and operate a proof-of-concept oil shale facility employing modified in-situ retorting and surface processing of mined shale and waste at Federal Prototype Oil Shale Lease Tract Cb near Meeker, Colorado: Provided, That the Federal contribution to the cooperative agreement shall not exceed $80,000,000 in 1989 dollars escalated yearly by the annual GNP deflator, or 40 per centum of the total equity in the project, whichever is less: Provided further. That at no time during the project shall the Federal contribution exceed 40 per centum of total equity in the project: Provided further. That in fiscal years 1992 and thereafter, the annual Federal contribution shall not exceed the annual portion of the remaining allowable Federal contribution distributed evenly over the remaining years of the project: Provided further. That construction of such facility shall not commence prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a report on such project including the results of the detailed design, cost estimate, and environmental compliance activities, and such additional facts and circumstances as necessary to support project construction and operation.
ALTERNATIVE FUELS PRODUCTION (INCLUDING TRANSFER OF FUNDS)
Monies received as investment income on the principal amount in the Great Plains Project Trust at the Northwest Bank of North Dakota, in such sums as are earned as of October 1, 1990, shall be deposited in this account and immediately transferred to the General Fund of the Treasury.
104 STAT. 1947
Monies received as revenue sharing from the operation of the Great Plains Gasification Plant shall be immediately transferred to the General Fund of the Treasury.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petroleum and oil shale reserve activities, $224,310,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, revenues received from the sale of natural gas sifter the date of enactment of this Act from wells drilled or communitized in fiscal year 1990 and thereafter as part of gas protection activity at the Naval Oil Shale Reserves shall be deposited in this account, to remain available until expended, for use in further gas protection activity: Provided further. That sums in excess of $638,000,000 received during fiscal year 1991 from use and operation of the Naval Petroleum Reserves Numbered 1, 2, and 3 shall be deposited in the "SPR Petroleum Account", to remain available until expended, for the acquisition and transportation of petroleum and for other necessary purposes.
ENERGY CONSERVATION
10 USC 7422 ^^-
For necessary expenses in carrying out energy conservation activities, $497,784,000, to remain available until expended, including, notwithstanding any other provision of law, the excess amount for fiscal year 1991 determined under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That $247,893,000 shall be for use in energy conservation programs as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507) and shall not be available until excess amounts are determined under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided further. That notwithstanding section 3003(d)(2) of Public Law 99509 such sums shall be allocated to the eligible programs in the same proportion for each program is in fiscal year 1990: Provided further, That $1,000,000 of the amount provided under this heading shall be for establishment of a National Metal Ceisting Research Institute at the University of Northern Iowa and $1,000,000 of the amount under this heading shall be for establishment of a National Metal Casting Research Institute at the University of Alabama, such institutes to be established consistent with the provisions of Public Law 101-425: Provided further. That $2,250,000 of the amount provided under this heading shall be available for a grant to the National Center for Alternate Transportation Fuels: Provided further. That $3,000,000 of the amount provided under this heading shall be available for a project to develop an integrated manufacturing information system for the steel industry, and the government share of the costs of such project shall not exceed 50 per centum using the same criteria for acceptance of contributions as for steel and aluminum research below: Provided further. That $17,500,000 of the amount provided under this heading shall be available for continuing research and development efforts begun under title II of the Interior and Related Agencies portion of the joint resolution entitled "Joint Resolution making further continuing appropriations for the fiscal year 1986, and for other purposes", approved December 19, 1985 (Public Law 99-190), and implementation of steel and aluminum research authorized by Public Law 100-680: Provided
104 STAT. 1948
further. That existing facilities, equipment, and supplies, or previously expended research or development funds are not accepted as contributions for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice: Provided further, That the total Federal expenditure under this proviso shall be repaid up to one and one-half times from the proceeds of the commercial sale, lease, manufacture, or use of technologies developed under this proviso, at a rate of one-fourth of all net proceeds.
ECONOMIC REGULATION
For necessary expenses in carrjdng out the activities of the Economic Regulatory Administration and the Office of Hearings and Appeals, $16,816,000.
EMERGENCY PREPAREDNESS
For necessary expenses in carrying out emergency preparedness activities, $7,117,000.

STRATEGIC PETROLEUM RESERVE
For expenses necessary to carry out the provisions of sections 151 through 166 of the Energy Policy and Conservation Act of 1975 (Public Law 94-163), $201,633,000, to remain available until expended: Provided, That appropriations herein made shall not be available for leasing of facilities for the storage of crude oil for the Strategic Petroleum Reserve unless the quantity of oil stored in or deliverable to Government-owned storage facilities by virtue of contractual obligations is equal to 750,000,000 barrels.
SPR PETROLEUM ACCOUNT
For the acquisition and transportation of petroleum and for other necessary expenses under section 167 of the Energy Policy and Conservation Act of 1975 (Public Law 94-163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), $196,188,000 shall be made available until expended beginning October 1,1991: Provided further. That notwithstanding 42 U.S.C. 6240(d) the United States share of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or otherwise disposed of to other than the Strategic Petroleum Reserve: Provided further. That no funds made available by this or any other Act may be used for the leasing of crude oil from a foreign government, a foreign Stateowned oil company, or an agent of either, except pursuant to the procedures of Section 174, Part C, title I of the Energy Policy and Conservation Act (42 U.S.C. 6211 et seq.), as contained in Section 6 of Public Law 101-383: Provided further. That outlays in fiscal year 1991 resulting from the use of funds in this account other than funds deposited pursuant to 42 U.S.C. 6247 as a result of the sale of petroleum products in any drawdown and distribution of the Strateic Petroleum Reserve under 42 U.S.C. 6241 shall not exceed 378,000,000: Provided further. That this action is taken pursuant to section 202(b)(1) of Public Law 100-119 (2 U.S.C. 909).
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the Energy Information Administration, $69,303,000, of which
104 STAT. 1949
$1,000,000 for computer operations shall remain available until September 30, 1992 and $1,700,000 for end use energy consumption surveys shall remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From appropriations under this Act, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act. The Secretary of Energy is authorized to accept lands, buildings, equipment, and other contributions from public and private sources uid to prosecute projects in cooperation with other agencies. Federal, State, private, or foreign: Provided, That revenues and other moneys received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further. That the remainder of revenues after the making of such payments shall be covered into the Treasury as miscellaneous receipts: Provided further. That any contract, agreement, or provision thereof entered into by the Secretary of Energy pursuant to this authority shall not be executed prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full comprehensive report on such project, including the facts and circumstances relied upon in support of the proposed project. The Secretary of Energy may transfer to the Emergency Preparedness appropriation such funds as are necessary to meet any unforeseen emergency needs from any funds available to the Department of Energy from this Act. Annual appropriations made in this Act and previous Interior and Related Agencies Appropriations Acts shall be available for obligations in connection with contracts issued by the Department of Energy for supplies and services for periods not in excess of twelve months beginning at any time during the fiscal year. Notwithstanding any other provision of law, the Secretary of Energy may enter into a contract, agreement, or arrangement, including, but not limited to, a Management and Operating Contract as defined in the Federal Acquisition Regulations (17.601), with a profit-making or non-profit entity to conduct activities at the Department of Energy's research facilities at Bartlesville, Oklahoma: Provided, That any contract, agreement, or arrangement shall contain provisions encouraging use of the Department of
Gifts to Government.
Reports.
104 STAT. 1950
Energy's Bartlesville facilities by interested third party sponsors: Provided further. That any contract, agreement, or arrangement entered into by the Secretary pursuant to this authority shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Congress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agreement, or arrangement shall become effective. DEPARTMENT OF HEALTH AND HUMAN SERVICES INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health Care Improvement Act, and titles III and XXVI and sections 208 and 338G of the Public Health Service Act with respect to the Indian Health Service, including hire of passenger motor vehicles and aircraft; purchase of reprints; purchase and erection of portable buildings; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; $1,418,600,000, together with payments received during the fiscal year pursuant to 42 U.S.C. 300aaa-2 for services furnished by the Indian Health Service: Provided, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86-121 (the Indian Sanitation Facilities Act): Provided further. That funds made available to tribes and tribal organizations through grants and contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall remain available until expended: Provided further, That $17,000,000 shall remain available until expended, for the Indian Catastrophic Health Emergency Fund and contract medical care: Provided further. That of the funds provided, $5,000,000 shall be used to carry out a loan repayment program under which Federal, State, and commercial-type educational loans for physicians and other health professionals will be repaid at a rate not to exceed $25,000 per year of obligated service in return for fulltime clinical service: Provided further. That funds provided in this Act may be used for one-year contracts and grants which are to be performed in two fiscal years, so long as the total obligation is recorded in the year for which the funds are appropriated: Provided further. That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act shall be available for two fiscal years after the fiscal year in which they were collected, for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act (exclusive of planning, design, construction of new facilities, or major renovation of existing Indian Health Service facilities): Provided further. That of the funds provided, $2,500,000 shall remain available until expended, for the Indian Self-Determination Fund, which shall be available for the transitional costs of initial or expanded tribal
104 STAT. 1951
contracts, grants or cooperative agreements with the Indian Health Service under the provisions of the Indian Self-Determination Act: Provided further, That funding contained herein, and in any earlier appropriations Acts for scholarship programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) and section 338G of the Public Health Service Act with respect to the Indian Health Service shall remain available for expenditure until September 30, 1992: Provided further, That amounts received by tribes and tribal Reports, organizations under title IV of the Indian Health Care Improvement Act and Public Law 100-713 shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further. That notwithstanding the existing Indian Health Service facilities priority system, $1,500,000 shall remain available until expended for the purpose of funding a demonstration program to equip, supply, operate, and maintain up to three health centers to be selected by the Secretary of Health and Human Services, acting through the Service, for the provision of Indian Health Service funded health services: Provided further, That the centers shall be selected on a competitive basis from those tribal applicants who agree to provide an appropriate facility for use as a health center for a minimum of 20 years, under a no cost lease, in exchange for financial resources to equip, supply, operate and maintain such health centers.
INDIAN HEALTH FACIUTIES
For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of portable buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act and the Indian Health Care Improvement Act, $167,279,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land for sites to construct, improve, or enlarge health or related facilities.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem equivalent to the rate for GS-18, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 59015902), and for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities: Provided, That no later Reports, than 30 days after the end of each quarter of the fiscal year, the Indian Health Service is to report to the Committees on Appropriations of the United States House of Representatives and the United States Senate on any proposed adjustments to existing leases involving additional space or proposed additional leases for permanent structures to be used in the delivery of Indian health care services: Provided further. That non-Indian patients may be extended health
104 STAT. 1952
25 use 1681.
care at all tribally administered or Indian Health Service facilities, if such care can be extended without impairing the ability of the facility to fulfill its responsibility to provide health care to Indians served by such facilities and subject to such reasonable charges as the Secretary of Health and Human Services shall prescribe, the proceeds of which, together with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-53), shall be deposited in the fund established by sections 401 and 402 of the Indian Health Care Improvement Act or in the case of tribally administered facilities, shall be retained by the tribal organization without fiscal year limitation: Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further. That with the exception of Indian Health Service units which currently have a billing policy, the Indian Health Service shall not initiate any further action to bill Indians in order to collect from third-party payers nor to charge those Indians who may have the economic means to pay unless and until such time as Congress has agreed upon a specific policy to do so and has directed the Indian Health Service to implement such a policy: Provided further. That personnel ceilings may not be imposed on the Indian Health Service nor may any action be taken to reduce the full-time equivalent level of the Indian Health Service by the elimination of temporary employees by reduction in force, hiring freeze or any other means without the review and approval of the Committees on Appropriations: Provided further. That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further. That funds made available in this Act are to be apportioned to the Indian Health Service as appropriated in this Act, and accounted for in the appropriation structure set forth in this Act. DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION INDIAN EDUCATION
For necessary expenses to carry out, to the extent not otherwise provided, the Indian Education Act of 1988, $75,762,000, of which $56,556,000 shall be for subpart 1 and $16,304,000 shall be for subparts 2 and 3: Provided, That $1,578,000 available pursuant to section 5323 of the Act shall remain available for obligation until September 30,1992.
PUBLIC LAW 101-512NOV. 5, 1990 OTHER RELATED AGENCIES

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION SALARIES AND EXPENSES
104 STAT. 1953
For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93-531, $33,749,000, to remain available until expended: Provided, That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopi-partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further, That none of the funds contained in this or any other Act may be used to evict any single Navajo or Navajo family who, as of November 30, 1985, WEIS physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further. That no relocatee will be provided with more than one new or replacement home: Provided further. That the Office shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by Public Law 99-498, as amended (20 U.S.C. 56, part A), $5,476,000, of which not to exceed $300,000 for Federal matching contributions, to remain available until expended, shall be paid to the Institute endowment fund: Provided, That notwithstanding any other provision of law, the annual budget proposal and justification for the Institute shall be submitted to the Congress concurrently with the submission of the President's Budget to the Congress: Provided further. That the Institute shall act as its own certifying officer.
SMITHSONIAN INSTITUTION SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for terms not to exceed thirty years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $274,321,000, of which not to exceed $18,332,000 for the instrumenta-
104 STAT. 1954
tion program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the National Museum of the American Indian, and the repatriation of skeletal remains program shall remain available until expended and, including such funds as may be necessary to support American overseas research centers and a total of $125,000 for the Council of American Overseas Research Centers: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further. That $15,000,000 of the amount appropriated under this head shall be made available to the Trustees of the John F. Kennedy Center for the Performing Arts for repayment of an accumulated operating deficit.
MUSEUM AND RELATED RESEARCH (SPECIAL FOREIGN CURRENCY PROGRAM)
Funds previously appropriated in this account for the American Institute of Indian Studies Forward Funded Reserve may be invested in India by the United States Embassy in India in interest bearing accounts with the interest to be used along with other funds in the account to support the ongoing programs of the American Institute of Indian Studies.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK
For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise, $6,671,000, to remain available until expended.
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of buildings owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $31,356,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or restoration of buildings of the Smithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.
CONSTRUCTION
Arizona.
For necessary expenses for construction, $15,489,000, to remain available until expended, including $1,500,000 for the East Court building of the National Museum of Natural History, subject to authorization: Provided, That notwithstanding any other provision of law, the Institution is authorized to transfer to the State of Arizona, the counties of Santa Cruz and/or Pima, a sum not to exceed $150,000 for the purpose of assisting in the construction or maintenance of an access to the Whipple Observatory.

NATIONAL GALLERY OF ART SALARIES AND EXPENSES
104 STAT. 1955
For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901-5902); purchase, or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $46,276,000, of which not to exceed $4,370,000 for the special exhibition program shall remain available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, as authorized, $3,505,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. WooDROw
WILSON INTERNATIONAL CENTER FOR SCHOLARS SALARIES AND EXPENSES
For expenses necessary in carr3dng out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $5,074,000.
PAYMENT TO ENDOWMENT CHALLENGE FUND
Funds appropriated pursuant to Public Law 100-446, 102 Stat. 1820, for payment to the Endowment Challenge Fund for the Woodrow Wilson International Center for Scholars and not transferred to the Center as of September 30, 1990, shall remain available until September 30, 1992: Provided, That such sums shall be transferred only to the extent matched on a three-to-one basis by private funds.
104 STAT. 1956

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation on the Arts and Humanities Act of 1965, as amended, $147,000,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act, and for administering the functions of the Act.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $28,000,000, to remain available until September 30, 1992, to the National Endowment for the Arts, of which $15,000,000 shall be available for purposes of section 5(1): Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of section 10(a)(2), subsections ll(a)(2XA) and 11(a)(3)(A) during the current and preceding fiscal years for which equal amounts have not previously been appropriated.
NATIONAL ENDOWMENT FOR THE HUMANITIES GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended $143,750,000 shall be available to the National Endowment for the Humanities for support of activities in the humanities, pursuant to section 7(c) of the Act, and for administering the functions of the Act, of which $7,900,000 for the Office of Preservation shall remain available until September 30,1992.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $27,150,000, to remain available until September 30, 1992, of which $15,150,000 shall be available to the National Endowment for the Humanities for the purposes of section 7(h): Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated.

INSTITUTE OF MUSEUM SERVICES GRANTS AND ADMINISTRATION
104 STAT. 1957
For carrying out title II of the Arts, Humanities, and Cultural Affairs Act of 1976, as amended, $26,000,000, including not to exceed $250,000 as authorized by 20 U.S.C. 965(b): Provided, That the Nationgd Museum Services Board shall not meet more than three times during fiscal year 1991.
None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses.
COMMISSION OF FINE ARTS SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $637,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 956a), as amended, $6,250,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION SALARIES AND EXPENSES
For expenses made necessary by the Act establishing an Advisory Council on Historic Preservation, Public Law 89-665, as amended, $2,238,000: Provided, That none of these funds shall be available for the compensation of Executive Level V or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71-71i), including services as authorized by 5 U.S.C. 3109, $3,448,000.
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), $28,000 to remain available until September 30,1992.
104 STAT. 1958

PENNSYLVANIA AVENUE DEVELOPMENT C!ORPORATION SALARIES AND EXPENSES
For necessary expenses, as authorized by section 17(a) of Public Law 92-578, as amended, $2,365,000, for operating and administrative expenses of the Corporation.
PUBLIC DEVELOPMENT
For public development activities and projects in accordance with the development plan as authorized by section 170t)) of Public Law 92-578, as amended, $4,805,000, to remain available until expended.
LAND ACQUISITION AND DEVELOPMENT FUND
The Pennsylvania Avenue Development Corporation is authorized to borrow from the Treasury of the United States $5,000,000, pursuant to the terms and conditions in paragraph 10, section 6, of Public Law 92-576, as amended.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL HOLOCAUST M E M O R I A L COUNCIL
For expenses of the Holocaust Memorial Council, as authorized by Public Law 96-388, as amended, $7,554,000: Provided, That none of these funds shall be available for the compensation of Executive Level V or higher positions. TITLE IIIGENERAL PROVISIONS Government procurement. SEC. 301. The expenditure of any appropriation under this Act for any Consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 302. None of the funds provided in this Act to the Department of the Interior may be obligated or expended to implement a transfer of property located within the city of Minneapolis from the Department of Housing and Urban Development to any Indian Tribe. SEC. 303. No part of any appropriation under this Act shall be available to the Secretary of the Interior or the Secretary of Agriculture for the leasing of oil and natural gas by noncompetitive bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is intended to inhibit or otherwise affect the sale, lease, or right to access to minerals owned by private individuals. SEC. 304. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete. SEC. 305. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
104 STAT. 1959
SEC. 306. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency except as otherwise provided by law. SEC. 307. None of the funds provided in this Act shall be used to evaluate, consider, process, or award oil, gas, or geothermal leases on Federal lands in the Mount Baker-Snoqualmie National Forest, State of Washington, within the hydrographic boundaries of the Cedar River municipal watershed upstream of river mile 21.6, the Green River municipsd watershed upstream of river mile 61.0, the North Fork of the Tolt River proposed municipal watershed upstream of river mile 11.7, and the South Fork Tolt River municipal watershed upstream of river mile 8.4. SEC. 308. No assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless such assessments and the basis therefor are presented to the Committees on Appropriations ind are approved by such Committees. SEC. 309. Employment funded by this Act shall not be subject to any personnel ceiling or other personnel restriction for permanent or other than permanent emplojnnent except as provided by law. SEC. 310. Notwithstanding any other provision of law, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, and the Secretary of the Smithsonian Institution are authorized to enter into contracts with State and local governmental entities, including local fire districts, for procurement of services in the presuppression, detection, and suppression of fires on any units within their jurisdiction. SEC. 311. None of the funds provided by this Act to the United States Fish and Wildlife Service may be obligated or expended to plan for, conduct, or supervise deer hunting on the Loxsihatchee National Wildlife Refuge. SEC. 312. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands until an environmental assessment has been completed and the giant sequoia management implementation plan is approved. In any event, timber harvest within the identified groves will be done only to enhance and perpetuate giant sequoia. There will be no harvesting of giant sequoia specimen trees. Removal of hazard, insect, disease and fire killed giant sequoia other than specimen trees is permitted. SEC. 313. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. SEC. 314. With respect to claims resulting from the performance of functions during fiscal year 1991 and thereafter, or claims asserted after September 30, 1990, but resulting from the performance of functions prior to fiscal year 1991, under a contract, grant agreement, or cooperative agreement authorized by the Indian SelfDetermination and Education Assistance Act of 1975, as amended (88 Stat. 2203; 25 U.S.C. 450 et seq.) or by title V, part B, Tribally Controlled School Grants of the Hawkins-Stafford Elementary and Secondary School Improvement Amendments of 1988, as amended (102 Stat. 385; 25 U.S.C. 2501 et seq.), an Indian tribe, tribal organization or Indian contractor is deemed hereafter to be part of
Government contracts Intergovernmental relations.
Claims. Indians. 25 u s e 450f.
104 STAT. 1960
Oregon. California.
Wildlife.
the Bureau of Indian Affairs in the Department of the Interior or the Indian Health Service in the Department of Health and Human Services while carrying out any such contract or agreement and its employees are deemed employees of the Bureau or Service while acting within the scope of their emplojonent in carrjdng out the contract or agreement: Provided, That after September 30,1990, any civil action or proceeding involving such claims brought hereafter against any tribe, tribal organization, Indian contractor or tribal employee covered by this provision shall be deemed to be an action against the United States and will be defended by the Attorney General and be afforded the full protection and coverage of the Federal Tort Claims Act: Provided further. That beginning with the fiscal year ending September 30, 1991, and thereafter, the appropriate Secretary shall request through annual appropriations funds sufficient to reimburse the Treasury for any claims paid in the prior fiscal year pursuant to the foregoing provisions: Provided further, That nothing in this section shall in any way affect the provisions of section 102(d) of the Indian Self-Determination and Education Assistance Act of 1975, as amended (88 Stat. 2203; 25 U.S.C. 450 et seq.). SEC. 315. Notwithstanding any other provision of law, the payment to be made by the United States Government pursuant to the provision of subsection (a) of title II of the Act of August 28, 1937 (50 Stat. 876) to the Oregon and California land-grant counties in the State of Oregon from fiscal year 1991 receipts derived from the Oregon and California grant lands shall not be less than 90 per centum of the average annual payment made to those counties of their share of the Oregon and California land-grant receipts collected during the three-year baseline period of fiscal years 1988 through 1990: Provided, That in no event shall this payment exceed the total amount of receipts collected from the Oregon and California grant lands during fiscal year 1991. SEC. 316. Notwithstanding any other provision of law, payments to States pursuant to 16 U.S.C. 500 for National Forests affected by decisions relating to the Northern Spotted Owl from fiscal year 1991 receipts shall not be less than 90 per centum of the average annual pa5anents to States, based on receipts collected on those National Forests during the three-year baseline period of fiscal years 1988 through 1990: Provided, That in no event shall these payments exceed the total amount of receipts collected from the affected National Forests during fiscal year 1991. SEC. 317. (a) The sum of $500,000 is hereby appropriated under this Act for the Forest Service to prepare the Supplement to the Final Environmental Impact Statement (SEIS) for the proposed Early Winters Alpine Sports Site in the Methow Valley, Washington State. This sum may be used by the Forest Service to employ additional employees or consultants in the preparation of the SEIS.
Arts, Humanities, and Museums Amendments of 1990. 20 u s e 951 note.
This section may be cited as the "Arts, Humanities, and Museums Amendments of 1990".
PUBLIC LAW 101-512NOV. 5, 1990 TITLE IAMENDMENTS TO THE NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES ACT OF 1965
SEC. 101. DECLARATION OF FINDINGS AND PURPOSES.
104 STAT. 1961
Section 2 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951) is amended to read as follows:
"DECLARATION OF FINDINGS AND PURPOSES
"SEC. 2. The Congress finds and declares the following: "(1) The arts and the humanities belong to all the people of the United States. "(2) The encouragement and support of national progress and scholarship in the humanities and the arts, while primarily a matter for private and local initiative, are also appropriate matters of concern to the Federal Government. "(3) An advanced civilization must not limit its efforts to science and technology alone, but must give full value and support to the other great branches of scholarly and cultural activity in order to achieve a better understanding of the past, a better analysis of the present, and a better view of the future. "(4) Democracy demands wisdom and vision in its citizens. It must therefore foster and support a form of education, and access to the arts and the humanities, designed to make people of all backgrounds and wherever located masters of their technology and not its unthinking servants. "(5) It is necessary and appropriate for the Federal Government to complement, assist, and add to programs for the advancement of the humanities and the arts by local, State, regional, and private agencies and their organizations. In doing so, the Government must be sensitive to the nature of public sponsorship. Public funding of the arts and humanities is subject to the conditions that traditionally govern the use of public money. Such funding should contribute to public support and confidence in the use of taxpayer funds. Public funds provided by the Federal Government must ultimately serve public purposes the Congress defines. "(6) The arts and the humanities reflect the high place accorded by the American people to the nation's rich cultural heritage and to the fostering of mutual respect for the diverse beliefs and values of all persons and groups. "(7) The practice of art and the study of the humanities require constant dedication and devotion. While no government can call a great artist or scholar into existence, it is necessary and appropriate for the Federal Government to help create and sustain not only a climate encouraging freedom of thought, imagination, and inquiry but also the material conditions facilitating the release of this creative talent. "(8) The world leadership which has come to the United States cannot rest solely upon superior power, wealth, and technology, but must be solidly founded upon worldwide respect and admiration for the Nation's high qualities as a leader in the realm of ideas and of the spirit. "(9) Americans should receive in school, background and preparation in the arts and humanities to enable them to recognize and appreciate the aesthetic dimensions of our lives.
9-194 O - 91 - 20 : QL 3 Part 3
104 STAT. 1962
PUBLIC LAW 101-512NOV. 5, 1990 the diversity of excellence that comprises our cultural heritage, and artistic and scholarly expression. "(10) It is vital to a democracy to honor and preserve its multicultural artistic heritage as well as support new ideas, and therefore it is essential to provide financial assistance to its artists and the organizations that support their work. "(11) To fulfill its educational mission, achieve an orderly continuation of free society, and provide models of excellence to the American people, the Federal Government must transmit the achievement and values of civilization from the past via the present to the future, and make widely available the greatest achievements of art. "(12) In order to implement these findings and purposes, it is desirable to establish a National Foundation on the Arts and the Humanities.".
SEC. 102. DEFINITIONS. (a) LOCAL ARTS AGENCY.Section 3 of the National Foundation on
the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is amended (1) in subsection (b) by inserting "all those traditional arts practiced by the diverse peoples of this country." after "forms,", and (2) by adding at the end the following: "(h) The term 'local arts agency' means a community organization, or an agency of local government, that primarily provides financial support, services, or other programs for a variety of artists and arts organizations, for the benefit of the community as a whole. "(i) The term 'developing arts organization' means a local arts organization of high artistic promise which "(1) serves as an important source of local arts programming in a community; and "(2) has the potential to develop artistically and institutionally to broaden public access to the arts in rural and innercity areas and other areas that are underserved artistically.". Ot>) TECHNICAL AMENDMENTS.Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is amended (1) in subsection (b) by inserting "film, video," after "radio,", (2) in subsection (c) by inserting "film, video," after "radio,", and (3) in subsection (d) (A) in the first sentence by inserting "the widest" after "enhance", and (B) in paragraph (2) by striking "sections 5(1)" and inserting "sections 5(p), 7(c)(10),".
(c) DETERMINED T O B E OBSCENE; FINAL JUDGMENT.Section 3 of
the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952), as amended by subsection (a), is amended by adding at the end the following: "0") The term 'determined to be obscene' means determined, in a final judgment of a court of record and of competent jurisdiction in the United States, to be obscene. "(k) The term 'final judgment' means a judgment that is either "(1) not reviewed by any other court that has authority to review such judgment; or "(2) is not reviewable by any other court.
PUBLIC L A W 101-512NOV. 5, 1990
104 STAT. 1963
"(1) The term 'obscene' means with respect to a project, production, workshop, or program that "(1) the average person, appljdng contemporary community standards, would find that such project, production, workshop, or program, when taken as a whole, appeals to the prurient interest; "(2) such project, production, workshop, or program depicts or describes sexual conduct in a patently offensive way; and "(3) such project, production, workshop, or program, when taken as a whole, lacks serious literary, artistic, political, or scientific value.".
SEC. 103. NATIONAL ENDOWMENT FOR THE ARTS. (a) AUTHORITY T O PROVIDE ASSISTANCE.Section 5(c) of the
National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(c)) is amended (1) by amending paragraph (1) to read as follows: "(1) projects and productions which have substantial national or international artistic and cultural significance, giving emphasis to American creativity and cultural diversity and to the maintenance and encouragement of professional excellence;", (2) in paragraph (2) by inserting "or tradition" after "authenticity", (3) in paragraph (5) by inserting "education," after "knowledge,", (4) in paragraph (7) by striking "and", (5) by redesignating paragraph (8) as paragraph (10), (6) by inserting after paragraph (7) the following: "(8) projects that enhance managerial and organizational skills and capabilities; "(9) projects, productions, and workshops of the kinds described in pargigraphs (1) through (8) through film, radio, video, and similar media, for the purpose of broadening public access to the arts; and", and (7) in the matter following paragraph (10), as so redesignated, by striking "clause (8)" and inserting "paragraph (10)".
(b) ARTISTIC EXCELLENCE AND OBSCENE MATTER.Section 5(d) of
the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(d)) is amended to read as follows: "(d) No payment shall be made under this section except upon Regulations, application therefor which is submitted to the National Endowment for the Arts in accordance with regulations issued and procedures established by the Chairperson. In establishing such regulations and procedures, the Chairperson shall ensure that "(1) artistic excellence and artistic merit are the criteria by which applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public; and "(2) applications are consistent with the purposes of this section. Such regulations and procedures shall clearly indicate that obscenity is without artistic merit, is not protected speech, and shall not be funded. Projects, productions, workshops, and programs that are determined to be obscene are prohibited from receiving financial assistance under this Act from the National Endowment for the Arts.
104 STAT. 1964
The disapproval or approval of an application by the Chairperson shall not be construed to mean, and shall not be considered as evidence that, the project, production, workshop, or program for which the applicant requested financial assistance is or is not obscene.". (c) TECHNICAL AMENDMENT.Section 5(f) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(f)) is amended by striking "1954" and inserting "1986".
(d) STATE APPUCATIONS FOR ASSISTANCE.Section 5(gX2)(E) of the
National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(g)(2)(E)) is amended by striking clauses (i) and (ii), and inserting the following: "(i) a description of the level of participation during the most recent preceding year for which information is available by artists, artists' organizations, and arts organizations in projects and productions for which financial assistance is provided under this subsection; "(ii) for the most recent preceding year for which information is available, a description of the extent projects and productions receiving financial assistance from the State arts agency are available to all people and communities in the State; and".
(e) PURPOSES OF PROGRAM PROVIDING ASSISTANCE TO AGENCIES AND
ORGANIZATIONS.Section 5(1)(1) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(1)(1)) is amended (1) in subparagraph (E) by striking "and" at the end, (2) in subparagraph (F) by striking the period at the end and inserting "; and", and (3) by inserting after subparagraph (F) the following: "(G) stimulating artistic activity and awareness which are in keeping with the varied cultural traditions of this Nation.".
(f) SYSTEM OF NATIONAL INFORMATION AND DATA COLLECTION.
Section 5(m) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(m)) is amended (1) in the first sentence (A) by inserting "ongoing" after "shall, in", (B) by striking "develop" and inserting "continue to develop and implement", and (C) by inserting "and public dissemination" after "collection", (2) by striking the fourth sentence, and (3) in the last sentence by striking "1988, and biennially" and inserting "1992, and quadrennially".
(g) CONTENTS OF APPLICATIONS; INSTALLMENT PAYMENTS.Section
Reports.
5 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954) is amended (1) by redesignating subsections (i) through (m) as subsections (1) through (p), respectively, and (2) by inserting after subsection (h) the following: "(i) It shall be a condition of the receipt of financial assistance provided under this section by the Chairperson or the State agency that the applicant for such assistance include in its application "(1) a detailed description of the proposed project, production, workshop, or program for which the applicant requests such assistance;
104 STAT. 1965
"(2) a timetable for the completion of such proposed project, production, workshop, or program; "(3) an assurance that the applicant will submit "(A) interim reports describing the applicant's "(i) progress in carrjdng out such project, production, workshop, or program; and "(ii) compliance with this Act and the conditions of receipt of such assistance; "(B) if such proposed project, production, workshop, or program will be carried out during a period exceeding 1 year, an annual report describing the applicant's "(i) progress in carrying out such project, production, workshop, or program; and "(ii) compliance with this Act md the conditions of receipt of such assistance; and "(C) not later than 90 days after "(i) the end of the period for which the applicant receives such assistance; or "(ii) the completion of such project, production, workshop, or program; whichever occurs earlier, a final report to the Chairperson or the State agency (as the case may be) describing the applicant's compliance with this Act and the conditions of receipt of such assistance; and "(4) an assurance that the project, production, workshop, or program for which assistance is requested will meet the standards of artistic excellence and artistic merit required by this Act. "(j) The Chairperson shall issue regulations to provide for the Regulations, distribution of financial assistance to recipients in installments except in those cases where the Chairperson determines that installments are not practicable. In implementing any such installments, the Chairperson shall ensure that "(1) not more than two-thirds of such assistance may be provided at the time such application is approved; and "(2) the remainder of such assistance may not be provided until the Chairperson finds that the recipient of such assistance is compljdng substantially with this section and with the conditions under which such assistance is provided to such recipient, "(k) The Inspector General of the Endowment shall conduct appropriate reviews to ensure that recipients of financial assistance under this section comply with the regulations under this Act that apply with respect to such assistance, including regulations relating to accounting and financial matters.".
(h) LIMITATION ON RECEIPT OF FINANCIAL ASSISTANCE.Section 5
of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954), as gmiended by subsection (g), is amended (1) by redesignating subsections (1) through (p) as subsections (m) through (q), respectively, and (2) by inserting after subsection (k) the following: "(1)(1) If, after reasonable notice and opportunity for a hearing on the record, the Chairperson determines that a recipient of financial assistance provided under this section by the Chairperson or any non-Federal entity, used such financial assistance for a project, production, workshop, or program that is determined to be obscene, then the Chairperson shall require that until such recipient repays such assistance (in such amount, and under such terms and condi-
104 STAT. 1966
tions, as the Chairperson determines to be appropriate) to the Endowment; no subsequent financial assistance be provided under this section to such recipient. "(2) Financial assistance repaid under this section to the Endowment shall be deposited in the Treasury of the United States and credited as miscellaneous receipts. "(3XA) This subsection shall not apply with respect to financial assistance provided before the effective date of this subsection. "(B) This subsection shall not apply with respect to a project, production, workshop, or program after the expiration of the 7-year period beginning on the latest date on which financial assistance is provided under this section for such project, production, workshop, or program.". (i) TECHNICAL AMENDMENTS.(1) Section 5(m) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(i)), as so redesignated by subsections (g) and (h), is amended by striking "subsection (j)" and inserting "subsection (n)". (2) Section 11(a) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)) is amended (A) in paragraph (3) (i) in subparagraph (A) by striking "section 5(1X1)" each place it appears and inserting "section 5(pXl)", and (ii) in subparagraph (C) by striking "section 5(1X1)" and inserting "section 5(p)(l)", and (B) in paragraph (4) by striking "section 5(1X1)" and inserting "section 5(pXl)".
SEC. 104. INNOVATIVE PROGRAMS TO EXPAND PUBLIC ACCESS TO THE ARTS IN RURAL AND INNERCITY AREAS.
Section 5(p) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(1)), as so redesignated and amended by section 103, is amended (1) in paragraph (3) by striking "section 5(c)" and inserting "subsection (c)", (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, (3) by inserting aJter paragraph (1) the following: Grovernment "(2XA) The Chairperson of the National Endowment for the Arts, contracts. with the advice of the National Council on the Arts, is authorized in Grant programs. accordance with this subsection, to establish and carry out a proIntergram of contracts with, or grants to. States for the purposes of governmental relations. "(i) raising the artistic capabilities of developing arts organizations by providing for "(I) artistic and programmatic development to enhance artistic capabilities, including staff development; and "(II) technical assistance to improve managerial and organizational skills, financial systems management, and long-range fiscal planning; and "(ii) stimulating artistic activity and awareness and broadening public access to the arts in rural and innercity areas and other areas that are underserved artistically. "(B) For purposes of providing financial assistance under this paragraph, the Chairperson shall give priority to the activities described in subparagraph (AXi). "(C) The Chairperson may not provide financial assistance under this paragraph to a particular applicant in more than 3 fiscal years for the purpose specified in subparagraph (AXi)-".

SEC. 105. STRENGTHENING ARTS THROUGH ARTS EDUCATION.
104 STAT. 1967
The National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951-960) is amended by inserting after section 5 the following:
ACCESS TO THE ARTS THROUGH SUPPORT OF EDUCATION
"SEC. 5A. (a) The purposes of this section are "(1) to increase accessibility to the arts through pro\dding education to all Americans, including diverse cultures, urban and rural populations by encouraging and developing quality education in the arts at all levels, in conjunction with programs of nonformal education for all age groups, with formal systems of elementary, secondary, and postsecondary education; "(2) to develop and stimulate research to teach quality education in the arts; and "(3) to encourage and facilitate the work of artists, arts institutions, and Federal, State, regional, and local agencies in the area of education in the arts. "OJ) The Chairperson of the National Endowment for the Arts, is authorized to establish and carry out a program of contracts with, or grants to, any State or other public agency, individual, artist, any nonprofit society, performing and nonperforming arts and educational institution or organization, association, or museum in the United States, in order to foster and encourage exceptional talent, public knowledge, understanding, and appreciation of the arts, and to support the education, training, and development of this Nation's artists, through such activities as projects that will "(1) promote and improve the availability of arts instruction for American youth and life-long learning in the arts; "(2) enhance the quality of arts instruction in programs of teacher education; "(3) develop arts faculty resources and talents; "(4) support and encourage the development of improved curriculum materials in the arts; "(5) improve evaluation and assessment of education in the arts programs and instruction; "(6) foster cooperative programs with the Department of Education and encourage partnerships between arts and education agencies at State and local levels, arts organizations, business colleges and universities; "(7) support apprenticeships, internships, and other career oriented work-study experiences for artists and arts teachers, and encourage residencies of artists at all educational levels; "(8) support the use of technology and improved facilities and resources in education in the arts programs at all levels; and "(9) foster the development of demonstration projects, demonstration productions, demonstration workshops, and demonstration programs in arts education and collect, and make available to the public, information on their implementation and effectiveness. "(c) In order to provide advice and counsel concerning arts education, the Chairperson shall appoint an advisory council on arts education.".
20 u s e 954a.
Government contracts. Grant programs. Intergovernmental relations.
104 STAT. 1968

(a) MEMBERSHIP OF COUNCIL.Section 6(b) of the National Founda-
SEC. 106. NATIONAL COUNCIL FOR THE ARTS.
Freedom of information. Records.
tion on the Arts and the Humanities Act of 1965 (20 U.S.C. 955(b)) is amended by adding at the end the following: "Members of the Council shall be appointed so as to represent equitably all geographical areas in the United States.". (b) MEETINGS AND RECORDS.Section 6(d) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 955(d)) is amended (1) by inserting "(1)" after "(d)", and (2) by adding at the end the following: "AH policy meetings of the Council shall be open to the public. "(2) The Council shall "(A) create written records summarizing "(i) all meetings and discussions of the Council; and "(ii) the recommendations made by the Council to the Chairperson; and "(B) make such records available to the public in a manner that protects the privacy of individual applicants, panel members, and Council members.". (c) AUTHORITY OF COUNCIL.Section 6(f) of the National Foundation of the Arts and the Humanities Act of 1965 (20 U.S.C. 955(f)) is amended (1) in the first sentence (A) by striking "(1)" and "(2)", (B) by striking "thereon", and (C) by inserting before the period the following: "with respect to the approval of each application and the amount of financial assistance (if any) to provide to each applicant", (2) in the second sentence by striking ", unless" and all that follows through "time", (3) in the last sentence (A) by striking "a delegation" and inserting "an expressed and direct delegation", and (B) by striking "; Provided, That" and inserting ", and that such action shall be used with discretion and shall not become a normal practice of providing assistance under such subsections, except that", (4) by inserting after the second sentence the following: "The Chairperson shall have final authority to approve each application, except that the Chairperson may only provide to an applicant the amount of financial assistance recommended by the Council and may not approve an application with respect to which the Council makes a negative recommendation.", and (5) by inserting after the first sentence the following: "The Council shall make recommendations to the Chairperson concerning "(1) whether to approve particular applications for financial assistance under subsections (c) and (p) of section 5 that are determined by panels under section 10(c) to have artistic excellence and artistic merit; and "(2) the amount of financial assistance the Chairperson should provide with respect to each such application the Council recommends for approval.".

SEC. 107. NATIONAL ENDOWMENT FOR THE HUMANITIES.
104 STAT. 1969
(a) TECHNICAL AMENDMENT.Section 7(a) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956(a)) is amended by striking "a" and inserting "the". (b) AUTHORITY OF CHAIRPERSON.Section 7(c) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956(c)) is amended (1) in the matter preceding paragraph (1) by inserting "enter into arrangements, including contracts, grants, loans, and other forms of assistance, to" after "is authorized to", (2) in paragraph (2) by striking "(including contracts, grants, loans, and other forms of assistance)", (3) in paragraph (3) (A) by striking "award" and all that follows through "Fellowships", and inserting "initiate and support training and workshops in the humanities by making arrangements with institutions or individuals (fellowships", gmd (B) by striking "time;" and inserting "time);", (4) in paragraph (7) by striking "through grants or other arrangements", (5) in paragraph (8) by striking "and", (6) in paragraph (9) by striking the period and inserting "; and", and (7) by inserting after paragraph (9) the following: "(10) foster programs and projects that provide access to, and preserve materials important to research, education, and public understanding of, the humanities.".
(c) COORDINATION OF PROGRAMS.Section 7(d) of the National
Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956(d)) is amended by striking "correlate" and inserting "coordinate".
(d) ADMINISTRATION BY STATE AGENCIES.
(1) DESIGNATION.Section 7(f)(2)(A) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956(f)(2)(A)) is amended by striking "of the enactment of the Arts, Humanities, and Museums Amendments of 1985," and inserting "the State agency is established".
(2) APPLICATION FOR FINANCIAL ASSISTANCE.Section
7(f)(2)(A)(viii) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956(fX2)(A)(viii)) is amended (A) in subclause (I) by striking "previous two years" and inserting "most recent preceding year for which information is available", and (B) in subclause (II) by inserting "for the most recent preceding year for which information is available," after "(II)".
(3) CONTENTS OF STATE PLAN.Section 7(fX3)(J) of the National
Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956(f)(3)(J)) is amended (A) in clause (i) by striking "previous two years" and inserting "most recent preceding year for which information is available", and (B) in clause (ii) by inserting "for the most recent preceding year for which information is available," after "(ii)". (e) CONDITION OF RECEIPT OF GRANTS.The last sentence of section 7(g) of the National Foundation on the Arts and the Humanities Act
104 STAT. 1970
of 1965 (20 U.S.C. 956(g)) is amended by striking "not later" and all that follows through "1985". (f) TECHNICAL AMENDMENT.The last sentence of section 7(hX2XB) of the Nationsd Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956(hX2)(B)) is amended by striking "Endowment on" and inserting "Endowment for".
(g) SYSTEM OF NATIONAL INFORMATION AND DATA COLLECTION.
Section 7(k) of the National Foundation on the Arts and the Human, ities Act of 1965 (20 U.S.C. 956(k)) is amended (1) in the first sentence (A) by inserting "ongoing" after "shall, in", (B) by striking "develop" and inserting "continue to develop and implement", and (C) by inserting "and public dissemination" after "collection", (2) by striking the third sentence, and (3) in the last sentence by striking "1988, and biennially" and inserting "1992, and quadrennially .
(h) RECEIPT OF FINANCIAL ASSISTANCE AND AWARDS.Section 7 of
the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956) is amended by striking subsection (1) and inserting the following: "(1) Any group shall be eligible for financial assistance under this section only if "(1) no part of its net earnings inures to the benefit of any private stockholder or stockholders, or individual or individuals; and "(2) donations to such group are allowable as a charitable contribution under the standards of section 170(c) of the Internal Revenue Code of 1986. "(m) The Chairperson, with the advice of the National Council on the Humanities, is authorized to make the following annual awards: "(1) The Jefferson Lecture in the Humanities Award to one individual for distinguished intellectual achievement in the humanities. The annual award shall not exceed $10,000. "(2) The Charles Frankel Prize to honor individuals who have made outstanding contributions to the public understanding of the humanities. Not more than 5 individuals may receive such prize each year. Each prize shall not exceed $5,000.".
SEC. 108. FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES. (a) DIALOGUE AMONG FEDERAL AGENCIES.Section 9(c) of the Na-
tional Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 958(c)) is amended (1) in parsigraph (5) by striking "and" at the end, (2) in paragraph (6) by striking the period at the end and inserting "; and", and (3) by adding at the end the following: "(7) encourage an ongoing dialogue in support of the arts and the humanities among Federal agencies.". Ot>) TECHNICAL AMENDMENT.Section 9 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 958) is amended by striking subsection (d).
SEC. 109. REVIEW PANELS; TECHNICAL AMENDMENTS.
Section 10 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959) is amended
104 STAT. 1971
(1) in subsection (a) (A) in paragraph (4) by striking "from time to time, as appropriate,", and (B) in paragraph (6) by striking "the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529)" and inserting "section 3324 of title 31, United States Code", (2) in subsection (d)(3) by striking "the last sentence of subsection (a)" and inserting "subsection (c)(3)(A)", (3) by striking subsections (e) and (f), (4) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and if), respectively, (5) in the second sentence (A) by striking "In any case" and inserting the following: "(bXD In any case", (B) by striking "(A)", and (C) by striking "(B)", (6) in the third sentence by striking "In any case" and inserting the following: "(2) In any case", (7) in the fourth sentence by striking "For the purposes" and inserting the following: "(3) For the purposes", (8) in the fifth sentence by striking "For the purpose" and inserting the following: "(4) For the purpose", and (9) by striking the sixth sentence and all that follows through "pending.", and inserting the following: "(c) The ChEiirperson of the National Endowment for the Arts shall utilize advisory panels to review applications, and to make recommendations to the National Council on the Arts in all cases except cases in which the Chairperson exercises authority delegated under section 6(f). When reviewing applications, such panels shall recommend applications for projects, productions, and workshops solely on the basis of artistic excellence and artistic merit. The Chairperson shall issue regulations and establish procedures "(1) to ensure that all panels are composed, to the extent practicable, of individuals reflecting a wide geographic, ethnic, and minority representation as well as individuals reflecting diverse artistic ind cultural points of view; "(2) to ensure that all panels include representation of lay individuals who are knowledgeable about the arts but who are not engaged in the arts as a profession and are not members of either artists' organizations or arts organizations; "(3) to ensure that, when feasible, the procedures used by panels to carry out their responsibilities are standardized; "(4) to require panels "(A) to create written records summarizing "(i) all meetings and discussions of such panel; and "(ii) the recommendations made by such panel to the Council; and "(B) to make such records available to the public in a manner that protects the privacy of individual applicants and panel members; "(5) to require, when necessary and feasible, the use of site visitations to view the work of the applicant and deliver a written report on the work being reviewed, in order to assist panelists in making their recommendations; and
Regulations.
Records.
Reports.
104 STAT. 1972
"(6) to require that the membership of each panel change substantially from year to year and to provide that each individual is ineligible to serve on a panel for more than 3 consecutive years. In making appointments to panels, the Chairperson shall ensure that an individual who has a pending application for financial assistance under this Act, or who is an employee or agent of an organization with a pending application, does not serve as a member of any panel before which such application is pending. The prohibition described in the preceding sentence shall commence with respect to such individual beginning on the date such application is submitted and shall continue for so long as such application is pending.".
SEC. 110. AUTHORIZATION OF APPROPRIATIONS. (a) AUTHORIZATIONS FOR THE NATIONAL ENDOWMENT FOR THE
Rural areas. Urban areas.
ARTS.Section ll(a)(lXA) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(aXl)(A)) is amended (1) by inserting "(i)" after "SEC. 11(a)(1)(A)", (2) in the first sentence by striking "$121,678,000" and all that follows through "1990", and inserting: "$125,800,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993", (3) by striking the last sentence, and (4) by adding at the end the following: "(ii) For fiscal years "(I) 1991 and 1992 not less than 25 percent of the amount appropriated for the respective fiscal year; and "(II) 1993 not less than 27.5 percent of the amount appropriated for such fiscal year; shall be for carr3dng out section 5(g). "(iii) For fiscal years "(J) 1991 and 1992 not less than 5 percent of the amount appropriated for the respective fiscal year; and "(II) 1993 not less than 7.5 percent of the amount appropriated for such fiscal year; shall be for carrjdng out programs under section 5(p)(2) (relating to programs to expand public access to the arts in rural and innercity areas). Not less than 50 percent of the funds required by this clause to be used for carrying out such programs shall be used for carrjdng out such programs in rural areas.".
O3) GENERAL AUTHORIZATIONS FOR THE NATIONAL ENDOWMENT FOR
THE HUMANITIES.The first sentence of section 11(a)(1)(B) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)(1)(B)) is amended by striking "$95,207,000" and all that follows through "1990;", and inserting "$119,900,000 for fiscal year 1991 and such sums as may be necessary for fiscal years ,1992 and 1993". (c) TECHNICAL AMENDMENT.Section ll(aXl) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)(1)) is amended by striking subparagraph (C). (d) INCENTIVE AUTHORIZATIONS FOR THE ENDOWMENTS.(1) Section 11(a)(2)(A) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(aX2XA)) is amended (A) by striking "1990" the first place it appears and inserting "1993",
104 STAT. 1973
(B) in clause (ii) by striking "paragraph (8)" and inserting "paragraph (10)", and (C) by striking "$8,820,000" and all that follows through "1990", and inserting "$13,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993". (2) Section ll(a)(2XB) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)(2)(B)) is amended (A) by striking "1990" the first place it appears and inserting "1993" (B) by striking "(9)" and inserting "(10)", and (C) by striking "$10,780,000" and all that follows through "1990", and inserting "$12,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993". (3) Section ll(aX3XA) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(aX3)(A)) is amended (A) by striking "1990" the first place it appears and inserting "1993", and (B) by striking "$20,580,000" and all that follows through "1990", and inserting "$15,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993". (4) Section ll(aX3)(B) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(aX3XB)) is amended (A) by striking "1990" the first place it appears and inserting "1993", and (B) by striking "$19,600,000" and all that follows through "1990", and inserting "$15,150,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993". (e) AUTHORITY T O TRANSFER FUNDS.Section ll(aX3) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(aX3)) is amended (1) by striking subparagraph (C), and (2) by redesignating subparagraph (D) as subparagraph (C).
(f) ADMINISTRATION: OFFICIAL RECEPTION AND REPRESENTATION EX-
PENSES.Section ll(cXl) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(cXl)) is amended (A) by striking "$15,982,000" and all that follows through "1990", and inserting "$21,200,000" for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993", and (B) by striking "$35,000" each place it appears and inserting "$50,000". (2) Section 11(c)(2) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(cX2)) is amended (A) by striking "$14,291,000" and all that follows through "1990", and inserting "$17,950,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993", and (B) by striking "$35,000 each place it appears and inserting "$50,000".
(g) ARTS EDUCATION.Section 11 of the National Foundation on
the Arts and the Humanities Act of 1965 (20 U.S.C. 960) is amended by adding at the end the following: "(fXD Subject to ipbparagraph (2), in any fiscal year in which the aggregate amount appropriated to the National Endowment for the Arts exceeds $175,000,000, 50 percent of such excess shall be available to carry out section 5A. "(2) In each fiscal year, the amount made available to carry out section 5A shall not exceed $40,000,000, in the aggregate.
104 STAT. 1974
"(3) Funds made available to carry out section 5A shall remain available until expended.".
20 u s e 954 note. SEC. 111. GAO STUDY REGARDING FEDERAL, STATE, AND LOCAL FUNDING OF THE ARTS.
(a) STUDY REQUIRED.The Comptroller General of the United States shall conduct a study (1) to evaluate the roles and responsibilities of the National Endowment for the Arts, the States (including State agencies), and local arts agencies, in providing financial assistance under section 5 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954), (2) the relative effectiveness of the Endowment, the States (including State agencies), and local arts agencies in maximizing the amount of financial assistance they make available under such section, and (3) the existing capacity of the States to receive increased allocations under section 5 of such Act and the ability of the States to manage such increased allocations effectively. (b) REPORT REQUIRED.Not later than October 1, 1992, the Comptroller General shall submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report summarizing the results of the study conducted under subsection (a).
SEC. 112. GAO STUDY, FINDINGS, AND RECOMMENDATIONS REGARDING STAFFING AND CONTRACTORS OF THE NEA.
(a) STUDY REQUIRED.The Comptroller General of the United States shall conduct a study of (1) the program staffing policies and practices of, (2) the use of consultants by, and (3) the use of independent contractors as administrative staff of, the National Endowment for the Arts. (b) REPORT REQUIRED.Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report containing (1) the results of the study conducted under subsection (a), and (2) findings and recommendations with respect to the matters specified in paragraphs (1), (2), and (3) of such subsection. TITLE IIAMENDMENTS TO THE MUSEUM SERVICES ACT
SEC. 201. NATIONAL MUSEUM SERVICES BOARD.
(a) MEMBERSHIP.Section 204(aXlXA) of the Museum Services Act (20 U.S.C. 963(a)(1)(A)) is amended by inserting "conservation," after "curatorial,". (b) MEETINGS.Section 204(d)(1) of the Museum Services Act (20 U.S.C. 963(d)(1)) is amended by striking "four" and inserting "three".
SEC. 202. DIRECTOR.
(a) COMPENSATION.(1) Section 205(a)(1) of the Museum Services Act (20 U.S.C. 964(a)(1)) is amended by striking "be compensated at the rate provided for level V of the Executive Schedule (section 5316 oftitle5),andshall".
104 STAT. 1975
(2) Section 5315 of title 5, United States Code, is amended by adding at the end the following new item: "Director of the Institute of Museum Services.". (b) TECHNICAL AMENDMENT.Section 205(a)(2) of the Museum Services Act (20 U.S.C. 964) is amended by striking "Chairperson's" and inserting "Director's".
SEC. 203. ACTIVITIES.
(a) CONSERVATION.Section 206 (a)(5) of the Museum Services Act (20 U.S.C. 965(a)(5)) is amended by striking "artifacts and art objects" and inserting "their collections". (b) AUTHORITY OF DIRECTOR.Section 206 (b) of the Museum Services Act (20 U.S.C. 965(b)) is amended (1) in paragraph (1) (A) by striking "with professional museum organizations", (B) by striking "to such organizations", and (C) by striking "enable such organizations to", (2) in paragraph (2) (A) by striking subparagraph (A), and (B) in subparagraph (B) (i) by striking "(B)", (ii) by striking "the", and (iii) by striking "of any professional museum organization", (3) in paragraph (3) by striking "to professional museum organizations', and, (4) by striking paragraph (4).
SEC. 204. AUTHORIZATION OF APPROPRIATIONS. (A) GENERAL AUTHORIZATION OF APPROPRIATIONS.Section 209(a)
of the Museum Services Act (20 U.S.C. 967(a)) is amended by striking "$21,600,000" and all that follows through "1990", and inserting "$24,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993". (h) INCENTIVE AUTHORIZATION OF APPROPRIATIONS.Section 209(d) of the Museum Services Act (20 U.S.C. 967(d)) is amended (1) by striking "during the period" and all that follows through "1990,", (2) by inserting "for each fiscal year ending before October 1, 1993," after "appropriated", and (3) by striking "such period" and inserting "such fiscal year".
SEC. 205. ASSESSMENT OF CERTAIN MUSEUMS.
The Museum Services Act (20 U.S.C. 961-968) is amended by adding at the end the following:
"ASSESSMENT OF CERTAIN MUSEUMS
"SEC. 211. The Director, subject to the policy direction of the 20 USC 969. Board and in consulation with appropriate representatives of the museum and cultural communities shall undertake an assessment of the needs of small, emerging, minority, and rural museums. The assessment, to be completed and presented to Congress within two years of enactment, shall include but not necessarily be limited to, the following subjects: "(1) The need for resources to identify, collect, document, research, preserve and interpret tangible and nontangible
104 STAT. 1976
PUBLIC LAW 101-512NOV. 5, 1990 collections and to communicate with and involve their own communities and the general public. "(2) The personnel staffing and training needs for small, emerging, minority, and rural museums, including needs for professional positions and for the community persons employed or utilized by museums who are expert in the history, culture, customs, and other human resources of the communities. "(3) The building and construction needs, including impediments to accessing Federal and non-Federal funds for this purpose. "(4) The maintenance, operation and repair needs, including impediments to accessing Federal and non-Federal funds for these purposes. "(5) The status of the museums' current collections and the museums' interest in accessing, through gift, purchase, repatriation or borrowing, objects now held privately or in public collections. "(b) As used in this subsection "(1) the term 'small, emerging, minority, and rural museums' includes tribal museums and museums of other ethnic and cultural groups; and "(2) the term 'Indian tribe' has the meaning given in the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(b)).".
(b) AUTHORIZATION OF APPROPRIATIONS.Section 209 of the
Museum Services Act (20 U.S.C. 967) is amended by adding at the end the following: "(e)(1) Subject to paragraph (2), there are authorized to be appropriated $1,000,000 for each of two fiscal years to carry out section 211. "(2) Paragraph (1) shall not be effective for any fiscal year for which the amount appropriated under subsection (a) is less than $24,000,000.". TITLE IIIAMENDMENTS TO THE ARTS AND ARTIFACTS INDEMNITY ACT
SEC. 301. INDEMNITY AGREEMENTS. (a) LIMITATION APPUCABLE TO AGGREGATE LOSS.Section 5(b) of
the Arts and Artifacts Indemnity Act (20 U.S.C. 974(b)) is amended by striking "$1,200,000,000" and inserting "$3,000,000,000". (b) LIMITATION APPUCABLE TO SINGLE EXHIBIT.(1) Section 5(c) of the Arts and Artifacts Indemnity Act (20 U.S.C. 974(c)) is amended by striking "$125,000,000" and inserting "$300,000,000". (2) Section 5(d) of the Act (20 U.S.C. 974(d)) is amended (A) in paragraph (2) by striking "or" at the end, (B) by amending paragraph (3) to read as follows: "(3) not less than $10,000,000 but less than $125,000,000, then coverage under this Act shall extend to loss or damage in excess of the first $50,000 of loss or damage to items covered;", and (C) by adding at the end the following: "(4) not less than $125,000,000 but less than $200,000, then coverage under this Act shall extend to loss or damage in excess of the first $100,000 of loss or damage to items covered; or
104 STAT. 1977
"(5) $200,000,000 or more, then coverage under the Act shall extend only to loss or damage in excess of the first $200,000, of loss or damage to items covered.". TITLE IVMISCELLANEOUS
SEC. 401. SENSE OF CONGRESS.
It is the sense of the Congress that a recipient (including a nation, individual, group, or organization) of any form of subsidy, aid, or other Federal assistance under the Acts amended by this Act should, in expending that assistance, purchase American-made equipment and products.
SEC. 402. NOTICE.
Buy American. 20 u s e 951 note.
20 u s e 951 note.
Any entity that provides a form of subsidy, aid, or other Federal assistance under the Acts amended by this Act shall provide to each recipient of such form of subsidy, aid, or other Federal assistance a notice describing the sense of the Congress stated under section 401.
SEC. 403. EFFECTIVE DATES. 20 u s e 951 note.
(a) GENERAL EFFECTIVE DATE.Except as provided in subsection Ot)), this Act and the amendments made by this Act shall take effect on October 1,1990. O> SPECIAL EFFECTIVE DATE.The amendments made by sections t) 110, 204, and 301 shall take effect on the date of the enactment of this Act or October 1,1990, whichever is earlier. SEC. 319. None of the funds made available by this or any other Act with respect to any fiscal year may be used by the Department of the Interior or the Forest Service, Department of Agriculture to make any reimbursements to any other Federal department for litigation costs associated with the Prince William Sound oilspill. SEC. 320. Section 1352(eX2Xc) of subchapter III of chapter 13 of title 31, United States Code, as contained in section 319 of Public Law 101-121 is hereby amended by adding after "$150,000," the following: "or the single family maximum mortgage limit for affected programs, whichever is greater,". SEC. 321. None of the funds provided in this Act may be expended by the Forest Service or the Bureau of Land Management to implement a new fee schedule or increase the fees charged for communication site use of lands administered by the Forest Service or Bureau of Land Management above the levels in effect on January 1,1989. SEC. 322. None of the funds appropriated by this Act may be used to ensure that hardwood saw timber harvested from Federal lands east of the 100th meridian is marked in such a manner as to make it readily identifiable at all times before its manufacture. SEC. 323. Those public lands, more particularly described as the BVz NWy4 section 9, T13N, R70E, M.D.M. are hereby withdrawn and reserved as an administrative site under the jurisdiction of the National Park Service for the purposes of Great Basin National Park. The General Services Administration is hereby authorized to transfer to the National Park Service any excess lands and improvements under its jurisdiction within the aforesaid lands on a nonreimbursable basis. SEC. 324. None of the funds available to the Advisory Council on Historic Preservation may be used to process comments on undertakings of Federal agencies, as specified in sections 106 and 110 of
104 STAT. 1978
the National Historic Preservation Act of 1966, is amended, on grants or contracts to institutions or facilities whose main activity is the conduct of scientific research and such agencies shall be relieved from the requirement of seeking comments on such undertakings unless requested in writing by the grantee. SEC. 325. Each amount of budget authority for the fiscal year ending September 30, 1991, provided in this Act, for payments not required by law is hereby reduced by 0.524 per centum: Provided, That such reductions shall be applied ratably to each account, program, activity, and project provided for in this Act.
TRANSFER REPORT
SEC. 326. (a) The Secretary of the Interior is directed to report to Congress by March 1,1991 the following: (1) Identification of lands and properties that were transferred to Alaska Native Corporations under the Alaska Native Claims Settlement Act as amended, which at the time of transfer were represented or disclosed by the Federal Government as being free from contaminants, and which subsequent to transfer, were discovered to be contaminated; and (2) Identification of lands and properties that the Federal Government knowingly transferred to Alaska Native Corporations with contaminants. Qo) For the purposes of this section "contaminants" are defined as hazardous substances as described in the Comprehensive Environmental Response, Compensation, and Liability Act, and asbestos as described in the Asbestos Hazard Emergency Response Act. (c) Nothing in this section requires the Secretary to conduct an inthe-field survey to determine the presence or absence of contaminants on transferred lands or properties. This Act may be cited as the "Department of the Interior and Related Agencies Appropriations Act, 1991", Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5769: HOUSE REPORTS: No. 101-789 (Comm. on Appropriations) and No. 101-971 (Comm. of Conference). SENATE REPORTS: No. 101-534 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 12, 15, considered and passed House. Oct. 22-24, considered and passed Senate, amended. Oct. 27, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
PUBLIC LAW 101-513NOV. 5, 1990 Public Law 101-513 101st Congress
104 STAT. 1979
An Act
Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1991, and for other purposes. Nov. 5, 1990 [H.R. 5114]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1991, and for other purposes, namely: TITLE IMULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991.
For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury, for the United States share of the paid-in share portion of the increases in capital stock for the General Capital Increase, $110,592,409, to remain available until expended: Provided, That 25 per centum of the funds appro- Reports. priated under this heading shall be withheld from obligation until the Secretary of the Treasury submits a report to the Committees on Appropriations which describes in detaU the actions the International Bank for Reconstruction and Development has taken during the fiscal year 1990, and the actions it is contemplating for the fiscal year 1991, in support of energy and forestry conservation and family planning activities.
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $2,899,610,241.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For pajonent to the International Development Association by the Secretary of the Treasury, $1,064,149,500, for the United States contribution to the replenishment, to remain available until expended: Provided, That, before obligating funds made available President. under this heading, the President shall reduce from the amount Loan programs. obligated the United States proportionate share of any loans ap- China. proved by the Board of Directors for China for non-basic human
104 STAT. 1980
President. Reports.
needs since January 1, 1990: Provided further, That such funds withheld from obligation may be obligated only if the President certifies that it is in the national interest of the United States to do so: Provided further, That fifteen days prior to the obligation of such funds for the International Development Association, the President shall report his certification to the Committee on Appropriations and the Committee on Bsmking, Finance and Urban Affairs of the House of Representatives and the Committee on Appropriations gmd the Committee on Foreign Relations of the Senate.
CONTRIBUTION TO THE INTERNATIONAL FINANCE CORPORATION
For pajrment to the International Finance Corporation by the Secretary of the Treasury, $40,330,972, for the United States share of the increase in subscriptions to capital stock, to remain avsiilable until expended.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
For pajnnent to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the paid-in share portion of the increase in capital stock, $57,449,324, and for the United States share of the increases in the resources of the Fund for Special Operations, $20,850,016, to remain available until expended: Provided, That the Secretary of the Treasury shall instruct the United States Executive Director of the Inter-American Development Bank to use the voice and vote of the United States to oppose any assistance by the Bank to any recipient of assistance who refuses to agree in writing that in general any procurement of goods or services utilizing Bank funds shall be conducted in a manner that does not discriminate on the basis of nationality against any member country, firm or person interested in providing such goods or services.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $2,235,076,561.
INTER-AMERICAN INVESTMENT CORPORATION
For pa3rment to the Inter-American Investment Corporation by the Secretary of the Treasury, $13,000,000, for the United States share of the capital stock of the Corporation, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the increases in resources of the Asian Development Fund, as authorized by the Asian Development Bank Act, as amended (Public Law 89-369), $126,854,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For payment to the African Development Fund by the Secretary of the Treasury, $105,451,500, for the United States contribution to
104 STAT. 1981
the fifth replenishment of the Afi-ican Development Fund, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the Afidcan Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $10,135,766, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Grovernor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $135,389,294.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and Development by the Secretary of the Treasury, $70,020,600, for the United States share of the paid-in share portion of the initial capital subscription, to remain avsiilable until expended.
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $163,381,400.
CONTRIBUTION TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND
For payment to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the International Monetary Fund, $10,602,000, to remain available until expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of sections 301 and 103(g) of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $284,730,000: Provided, That no funds shall be available for the United Nations Fund for Science and Technology: Provided further, That the total amount of funds appropriated under this heading shall be made available only as follows: $109,000,000 for the United Nations Development Program; $75,000,000 for the United Nations Children's Fund, of which amount 75 per centum (less amounts withheld consistent with section 307 of the Foreign Assistance Act of 1961 and section 526 of this Act) shall be obligated and expended no later than thirty days after the date of enactment of this Act and 25 per centum of which shall be expended within thirty days from the start of the United Nations Children's Fund fourth quarter of operations for 1991; $2,000,000 for the United Nations Capital Development Fund; $80(),000 for the United Nations Development Fund for Women; $200,000 for the United Nations International Research and Training Institute for the Advancement of Women; $200,000 for
104 STAT. 1982
Reports. Israel.
the Intergovernmental Panel on Climate Change; $2,000,000 for the International Convention and Scientific Organization Contributions; $2,000,000 for the World Meteorological Organization Voluntary Cooperation Program; $500,000 for the World Meteorological Organization Special Fund for Climate Studies; $23,555,000 for the International Atomic Energy Agency; $15,800,000 for the United Nations Environment Program; $800,000 for the United Nations Educationil and Training Program for Southern Africa; $500,000 for the United Nations Trust Fund for South Africa; $750,000 for the Convention on International Trade in Endangered Species; $450,000 for the World Heritage Fund; $100,000 for the United Nations Voluntary Fund for Victims of Torture; $245,000 for the United Nations Fellowship Program; $400,000 for the United Nations Center on Human Settlements; $500,000 for the United Nations Industrial Development Organization Investment Promotion Service; $10,000,000 for the Organization of American States; $6,500,000 for the United Nations Afghanistan Trust Fund; $1,000,000 for the International Tropical Timber Organization; $1,000,000 for the World Food Program; $680,000 for the International Union for the Conservation of Nature; $500,000 for the Tropical Forestry Action Plan; $250,000 for the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat; and $30,000,000 for the United States contributions to the replenishment of the International Fund for Agricultural Development: Provided further. That funds appropriated under this heading may be made available for the International Atomic Energy Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency: Provided further, That funds appropriated under this heading may be made available for the Tropical Forestry Action Plan (TFAP) only if the Secretary of State determines (and so reports to the Congress) that (1) the TFAP has been reorganized, with an international steering committee and secretariat independent of the Food and Agriculture Organization, and includes the participation of a broad range of experts in its administration, (2) the responsibilities of TFAP have been broadened to include areas outside the forestry sector, and (3) procedures exist to ensure increeised participation in national TFAP plans by affected populations and interested individuals and organizations outside the forestry sector. TITLE IIBILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 1991, unless otherwise specified herein, as follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of section 103, $481,635,000: Provided, That not less than $5,000,000 shall be pro-
104 STAT. 1983
vided for new development projects of private entities and cooperatives for dairy development: Provided further. That not less than $10,000,000 shall be provided for the Vitamin A Deficiency Program: Provided further. That not less than $225,000 shall be provided to support continued United States participation in the Associate Professional Officers Program of the international food agencies.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of section 104(b), $250,000,000: Provided, That none of the funds made available in this Act nor any unobligated balances from prior appropriations may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That none of the funds made available under this heading may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions; and that in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services: Provided further. That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further. That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act: Provided further, That funds appropriated under this heading for family planning purposes shall not be reduced by a proportion greater than other functional development assistance accounts in order to comply with requirements to provide assistance from funds appropriated to carry out chapter 1 of part I or to carry out part I of the Foreign Assistance Act of 1961: Provided further. That of the funds appropriated under this heading, not less than 65 per centum shall be made available for the Office of Population of the Agency for International Development: Provided further. That in addition to funds otherwise available for such purposes, of the funds appropriated under this heading up to 5 per centum may be used for operating expenses for the administration of family planning assistance programs.
HEALTH, DEVELOPMENT ASSISTANCE
Abortion.
Religious discrimination.
Abortion.
For necessary expenses to carry out the provisions of section 104(c), $135,000,000: Provided, That of the funds appropriated under this heading not less than $5,000,000 shall be provided for activities relating to the control, prevention, and eradication of River Blindness.
INTERNATIONAL AIDS PREVENTION AND CONTROL PROGRAM
For necessary expenses to carry out the provisions of chapter 1 of part I of the Foreign Assistance Act of 1961, $52,000,000, which shall be made available only for activities relating to research on, and the
104 STAT. 1984
treatment and control of, acquired immune deficiency sjmdrome (AIDS) in developing countries: Provided, That of the funds appropriated under this heading $23,000,000 shall be provided directly to the World Health Organization for its use in financing the Global Program on AIDS, including activities implemented by the Pan American Health Organization: Provided further, That funds appropriated under this heading may be made available notwithstanding any provision of law (except section 620A of the Foreign Assistance Act of 1961 and sections 512 and 556 of this Act) which restricts assistance to foreign countries.
CHILD SURVIVAL FUND
For necessary expenses to carry out the provisions of section 104(cX2), $100,000,000.
EDUCATION AND HUMAN RESOURCES DEVELOPMENT, DEVELOPMENT ASSISTANCE
22 u s e 2075.
South Africa.
Poland. Hungary. Czechoslovakia.
For necessary expenses to carry out the provisions of section 105, $134,201,000: Provided, That not less than $1,500,000 of the funds appropriated under this heading shall be made available for the Caribbean Law Institute: Provided further. That $5,400,000 of the funds appropriated under this heading shall be provided for Soviet and East European research and training under the Department of State's Title VIII program on Soviet and regional studies, notwithstanding any other provision of law: Provided further. That $10,000,000 of the funds appropriated by this paragraph shall be made available to carry out section 206 (relating to the Center for Cultural and Technical Interchange Between North and South) of the House engrossed amendment (as passed the House of Representatives on May 24,1990) to the bill S. 2364, and that section is hereby enacted: Provided further. That not less than $67,100,000 of the funds appropriated under this heading and under the heading "SubSaharan Africa, Development Assistance" shall be available only for programs in basic primary and secondary education: Provided further. That in fiscal year 1991 the Agency for International Development shall initiate three new bilateral projects in basic primary emd secondary education, at least two of which shall be initiated in subSaharan Africa: Provided further. That not less than $20,000,000 of the funds appropriated under this heading shall be made available for the International Student Exchange Program (for the Cooperative Association of States for Scholarships and the East Central European Scholarship Program), of which $3,000,000 shall be available, notwithstanding any other provision of law, for students from Poland, Hungary, and Czechoslovakia.
PRIVATE SECTOR, ENVIRONMENT, AND ENERGY, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of section 106, $152,223,000: Provided, That not less than $7,500,000 shall be made available only for cooperative projects among the United States, Israel and developing countries of which not less than $5,000,000 shall be made available for the Cooperative Development Program, and of which not less than $2,500,000 shall be made available for cooperative development research projects: Provided further. That
104 STAT. 1985
not less than $5,000,000 shall be made available only for the Central American Rural Electrification Support project: Provided further, That not less than $150,000 shall be for technical assistance and training programs for Soviet and Czechoslovakian statisticians and economists administered by the Bureau of Labor Statistics, notwithstanding any other provision of law.
SCIENCE AND TECHNOLOGY, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of section 106, $8,624,000.
MICRO-ENTERPRISE DEVELOPMENT
Of the funds appropriated by this Act to carry out chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $75,000,000 shall be made available for programs of credit and other assistance for micro-enterprises in developing countries: Provided, That local currencies which accrue as a result of assistance provided to carry out the provisions of the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 may be used for assistance for micro-enterprises: Provided further. That such local currencies which are used for this purpose shall be in lieu of funds earmarked under this heading and shall reduce the amount earmarked for assistance for microenterprises by an equal amount.
SUB-SAHARAN AFRICA, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961, as enacted by this Act, $800,000,000, to remain available until September 30, 1992: Provided, That up to $3,500,000 of the funds appropriated under this heading may be made available, notwithstanding any other provision of law, to support the participation of disadvantaged South Africans in private enterprise development in South Africa: Provided further. That such Eissistance provided to support the participation of disadvantaged South Africans in private enterprise shall not be used to provide support to organizations or groups which are financed or controlled by the Cxovernment of South Africa: Provided further. That not less than $50,000,000 of the funds appropriated under this heading may be made available to assist activities supported by the Southern Africa Development Coordination Conference: Provided further. That funds appropriated under this heading which are made available for activities supported by the Southe m Africa Development Coordination Conference shall be made available notwithstanding section 518 of this Act and section 620(q) of the Foreign Assistance Act of 1961: Provided further. That up to 5 per centum of the funds made available under this heading may be used for operating expenses of the Agency for International Development for increasing (above the level of resources available for fiscal year 1989) the organizational resources which the Agency has available for development assistance activities for sub-Saharan Africa, and shall be in addition to amounts otherwise allocated to the Agency's Bureau for Africa.
104 STAT. 1986

ZAIRE
None of the funds appropriated by this Act to carry out chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 shall be transferred to the Government of Zaire: Provided, That this provision shall not be construed to prohibit nongovernmental organizations from working with appropriate ministries or departments of the Government of Zaire.
ASSISTANCE FOR DISPLACED CHILDREN
Of the aggregate of the funds appropriated by this Act to carry out part I of the Foreign Assistance Act of 1961, not less than $5,000,000 shall be made available for progrguns and activities for children who have become orphans as a result of the effects of drought, civil strife, and other natural and man-made disasters: Provided, That assistance under this heading shall be made available in accordance with the policies and general authorities contained in section 491 of the Foreign Assistance Act of 1961.
HUMANITARIAN ASSISTANCE FOR CAMBODIAN CHILDREN
Of the aggregate of the funds appropriated by this Act to carry out part I of the Foreign Assistance Act of 1961, not less than $5,000,000 shall be made available, notwithstanding any other provision of law, to provide humanitarian assistance through international relief agencies and United States private and voluntary organizations to children within Cambodia: Provided, That none of the funds made available under this heading may be made available, directly or indirectly, for the Khmer Rouge.
ASSISTANCE FOR VICTIMS OF WAR
Of the aggregate of the funds appropriated by this Act to carry out part I of the Foreign Assistance Act of 1961, not less than $5,000,000 shall be made available, notwithstanding any other provision of law, for medical and related assistance, including the provision of prostheses and vocational rehabilitation and training, for civilians who have been injured as a result of civil strife and warfare.
WOMEN IN DEVELOPMENT
In recognition that the full participation of women in, and the full contribution of women to, the development process are essential to achieving economic growth, a higher quality of life, and sustainable development in developing countries, not less than $5,000,000 of the funds appropriated by this Act to carry out part I of the Foreign Assistance Act of 1961, in addition to funds otherwise available for such purposes, shall be used to encourage and promote the participation and integration of women as equal partners in the development process in developing countries, of which not less than $3,000,000 shall be made available as matching funds to support the activities of the Agency for International Development's field missions to integrate women into their programs: Provided, That the Agency for International Development shall seek to ensure that country strategies, projects, and programs are designed so that the percentage of women participants will be demonstrably increased.

PRIVATE AND VOLUNTARY ORGANIZATIONS
104 STAT. 1987
None of the funds appropriated or otherwise made available by this Act for development assistance may be made available to any United States private and voluntary organization, except any cooperative development orgEinization, which obtains less than 20 per centum of its total annual funding for international activities from sources other than the United States Grovernment: Provided, That the requirements of the provisions of section 123(g) of the Foreign Assistance Act of 1961 and the provisions on private and voluntary orgamizations in title II of the "Foreign Assistance and Related Programs Appropriations Act, 1985" (as enacted in Public Law 98-473) shall be superseded by the provisions of this section.
APPROPRIATE TECHNOLOGY
22 u s e 2151u note.
22 u s e 2151U. 22 u s e 2151u note.
Of the aggregate of the funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, not less than $1,000,000 shall be available for Appropriate Technology International: Provided, That these funds shall be in addition to $3,000,000 in funds available to Appropriate Technology International under its existing cooperative agreement with the Agency for International Development: Provided further. That Appropriate Technology International shall qualify, along with any cooperative development organization, for development assistance funds appropriated or otherwise made available by this Act for United States private and voluntary organizations.
HUMANITARIAN ASSISTANCE FOR ROMANIA
Of the aggregate of the funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (other than funds under the heading "Sub-Saharan Africa, Development Assistance"), not less than $3,000,000 shall be made available, notwithstanding any provision of law which restricts assistance to foreign countries, for humanitarian assistance for Romania. Of this amount (1) $1,500,000 shall be made available for activities related to (A) acquired immune deficiency sjnidrome (AIDS), and other health and child survival activities particularly for the care and treatment of abandoned children, including the provision of food, medicine, and training of personnel; (B) improving the facilities available for the care of abandoned children; and (C) facilitating family reunification or adoption of abandoned children, including training of professional adoption specialists; and (2) $1,500,000 shall be made available for family planning assistance, subject to the following: (A) The prohibitions contained in section 104(f) of the Foreign Assistance Act of 1961 and section 535 of this Act (relating to prohibitions on funding for abortion as a method of family planning, coercive abortion, and involuntary sterilization) shall be applicable to funds made available under this paragraph.
104 STAT. 1988
PUBLIC LAW 101-513NOV. 5, 1990 (B) Any recipient of funds under this paragraph shall be required to maintain them in a separate account and not commingle them with any other funds. (C) Each Eigreement entered into by the United States to obligate funds made available under this paragraph shall expressly state that the full amount granted by such agreement will be refunded to the United States if any United States funds are used for any family planning program in a country other than Romania, or for abortion services, involuntary sterilization, or coercive activities of any kind.
PRIVATE SECTOR REVOLVING FUND
International agreements. Family planning.
Loan programs.
During fiscal year 1991, total commitments to guarantee loans shall not exceed $57,000,000 of contingent liability for loan principal: Provided, That, notwithstanding any other provision, of law, the authority of section 108(i) of the Foreign Assistance Act of 1961 may be used to provide up to $10,000,000 in loan guarantees for each of two projects during the fiscal year 1991: Provided further. That, notwithstanding any other provision of law, there shall be held in reserve in the revolving fund account established pursuant to section 108 of that Act only such amounts as are estimated to be sufficient to cover the expected net liabilities on loan guarantees outstanding under the program authorized by section 108(i): Provided further. That to the extent that funds held in reserve are not adequate to discharge liabilities under guarantees provided under section 108(i), funds appropriated under the heading "Economic Support Fund" shall be made avEiilable to discharge such liabilities. During fiscal year 1991, obligations for assistance from amounts in the revolving fund account under section 108 shall not exceed $15,000,000.
AMERICAN SCHOOLS AND HOSPITALS ABROAD
For necessary expenses to carry out the provisions of section 214, $29,000,000.
INTERNATIONAL DISASTER ASSISTANCE
Infants and children.
For necessary expenses to carry out the provisions of section 491, $40,000,000, to remain available until expended: Provided, That not less than $500,000 of the funds appropriated under this heading may be made available for assistance for children who have become orphans as a result of natural disasters.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For pajnnent to the "Foreign Service Retirement and Disability Fund", as authorized by the Foreign Service Act of 1980, $40,341,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of section 667, $435,000,000: Provided, That in order to effectively monitor its program for the West Bank and Gaza, the Agency for International Development shall station one professional at either the Consulate Gener^ in Jerusalem or the Embassy in Tel Aviv.

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
104 STAT. 1989
For necessary expenses to carry out the provisions of section 667, $33,884,000, which sum shall be available only for the operating expenses of the Office of the Inspector General notwithstanding section 451 or 614 of the Foreign Assistance Act of 1961 or any other provision of law: Provided, That up to 3 per centum of the amount made available under the heading "Operating Expenses of the Agency for International Development" may be transferred to and merged and consolidated with amounts made available under this heading: Provided further. That except as may be required by an emergency evacuation affecting the United States diplomatic missions of which they are a component element, none of the funds in this Act, or any other Act, may be used to relocate the overseas Regional Offices of the Inspector General to a location within the United States without the express approval of the Inspector General: Provided further. That the total number of positions authorized Manpower. for the Office of Inspector (Jeneral in Washington and overseas shall be not less than two hundred and fifty-one at September 30, 1991: Provided further. That up to $1,000,000 of the funds appropriated under the heading "Assistance for Eastern Europe" shall be made available for the Office of the Inspector General of the Agency for International Development to carry out audit and other responsibilities with regard to assistance programs for Eastern Europe: Provided further. That the Inspector General of the Agency for International Development may, at his discretion and after consultation with the Secretary of State, establish a regional office in Europe in order to carry out audit smd other responsibilities with regard to assistance programs for Eastern Europe.
HOUSING AND OTHER CREDIT GUARANTY PROGRAMS
During the fiscal year 1991, total commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal: Provided, That the President shall enter into commitments to President. guarantee such loans in the full Eunount provided under this head- Loan programs. ing, subject only to the availability of qualified applicants for such guarantees: Provided further. That guarantees issued under this heading shall guarantee 100 per centum of the principal and interest payable on such loans: Provided further. That no loans guaranteed under this heading shall be issued or held by the Federal Financing Bank: Provided further. That the limitation under this heading on total guarantee commitments which may be made in fiscal year 1991 shall not include the additional authority to enter into guarantee commitments provided in Public Law 101-302: Provided further. That pursuant to section 223(eX2) of the Foreign Assistance Act of 1961, and notwithstanding the dollar limitation contained in that section, the borrowing authority provided therein may be exercised in such amounts as may be necessary to retain an adequate level of contingency reserves for the fiscal year 1991: Provided further. That section 222(a) of the Foreign Assistance Act of 1961 is amended by striking out "September 30, 1991" and 22 use 2182. inserting in lieu thereof "September 30, 1992": Provided further. That section 223(j) of the Foreign Assistance Act of 1961 snail not apply to commitments to guaranty loans, for which authority is provided under this heading, for Chile and Poland.
104 STAT. 1990

ECONOMIC SUPPORT FUND
Israel. Egypt. Grants.
President.
22 u s e 2346c. Jordan.
Cjrprus.
For necessary expenses to carry out the provisions of chapter 4 of part II, $3,141,000,000: Provided, That of the funds appropriated under this heading, not less than $1,200,000,000 shall be available only for Israel, which sum shall be available on a grant basis as a cash transfer and shall be disbursed within thirty days of enactment of this Act or by October 31, 1990, whichever is later: Provided further, That of the funds made available under this heading for Israel, during the period of the Desert Shield emergency up to $200,000,000 may be used by Israel, notwithstanding section 531(e) of the Foreign Assistance Act of 1961, for any of the purposes for which military assistsince is provided: Provided further, That not less than $815,000,000 shall be available only for Eg3T)t, which sum shall be provided on a grant basis, and of which sum cash transfer assistance may be provided, with the understanding that Egypt will undertake significant economic reforms which are additional to those which were undertaken in previous fiscal years, and of which not less than $200,000,000 shall be provided as Commodity Import Progrgun assistance: Provided further. That in exercising the authority to provide cash transfer assistance for Israel and Egypt, the President shall ensure that the level of such assistance does not cause an adverse impact on the total level of nonmilitary exports from the United States to each such country: Provided further. That it is the sense of the Congress that the recommended levels of assistance for Egypt and Israel are based in great measure upon their continued participation in the Camp David Accords and upon the Egjrptian-Israeli peace treaty: Provided further. That of the funds appropriated under this heading and allocated for El Salvador, up to $1,500,000 (or the equivalent in local currencies generated with funds provided to El Salvador under this heading) may be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, to assist the Government of El Salvador s Special Investigative Unit, including for the purpose of bringing to justice those responsible for the murders of United States citizens in El Salvador: Provided further. That none of the funds appropriated under this heading may be made available for El Salvador s Special Investigative Unit until 15 days after receipt by the Committees on Appropriations of a report from the Secretary of State which transmits a plan of the Government of El Salvador to transfer the Unit from military to civilian control, including the time period within which this transfer is to occur and the actions that will be taken to effect such a transfer: Provided further. That section 534(e) of the Foreign Assistance Act of 1961 is amended by (1) striking "fiscal year 199(r' and inserting in lieu thereof "fiscal year 1991"; and (2) striking "September 30,1990" and inserting in lieu thereof "September 30,1991": Provided further. That not less than $35,000,000 shall be made available for Jordan: Provided further. That not less than $12,000,000 of the funds appropriated under this heading shall be made available for the West Bank and Gaza Program through the Asia and Near East regional program: Provided further, That not less than $15,000,000 of the funds appropriated under this heading shall be made available for C ^ r u s , including bicommunal projects and confidence building measures d e s i g n ^ to reduce tensions and to promote peace and cooperation between the two communities on Cyprus, with highest priority given to the resettlement of the Famagusta/Varosha area under the auspices of the United Nations: Provided further. That
104 STAT. 1991
not less than $20,000,000 of the funds appropriated under this heading shall be made available for Morocco: Provided further. That of the funds appropriated under this heading up to $62,500,000 may be used, subject to the regular notification procedures of the Committees on Appropriations, to provide economic, administration of justice, military and law enforcement assistance for the countries in the Andean region notwithstanding sections 531(e) and 660 of the Foreign Assistance Act of 1961: Provided further, That any funds made available under the authority of the previous proviso which are used for military and law enforcement assistance shall be considered Foreign Military Financing Program funds for purposes of the limitation on the use of such funds contained in section 559(aX4) of this Act: Provided further. That none of the funds appropriated under this heading shall be made available for Zaire: Provided further. That, prior to the initial obligation of assistance for El Salvador from funds appropriated under this heading, the President shall report to the Congress on the extent to which the Government of El Salvador has made demonstrable progress in settling outstanding expropriation claims of American citizens in compliance with the judgment of the Supreme Court of El Salvador: Provided further. That during fiscal years 1991 and 1992, of the local currencies generated from funds made available under this heading for El Salvador by this Act and prior appropriations Acts, the United States and El Salvador shall jointly program the El Salvador colones equivalent of a total of $10,000,000 for the purpose of retiring the debt owed by the University of Central America to the Inter-American Development Bank: Provided further. That not more than $300,000,000 of the funds appropriated under this heading may be made available to finance tied aid credits, unless the President determines it is in the national interest to provide in excess of $300,000,000 and so notifies the Committees on Appropriations through the regular notification procedures of the Committees on Appropriations: Provided further. That up to $20,000,000 of the funds appropriated under this heading may be made available to provide grant assistance to capitalize an endowment to be used by nongovernmental organizations to enable such organizations to purchase the discounted commercial debt of Mexico as part of a debtfor-development exchange: Provided further. That a grant for the purposes of such an endowment may be made only if nongovernmental contributions have been made in an equal amount to capitalize the endowment: Provided further. That such debt-fordevelopment exchsmges for Mexico shall support the objectives of chapter 1 of part I of the Foreign Assistance Act of 1961: Provided further. That of the funds appropriated under this heading, not less than $200,000 shall be transferred to the Bureau of Oceans, International Environment and Scientific Affairs of the Department of State to be used only to implement the Antarctic Protection Act of 1990: Provided further. That none of the funds appropriated by this Act to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 may be used for tied-aid credits: Provided further. That for purposes of the previous proviso the term "tied-aid credits" means any credit, within the meaning of section 15(hXl) of the Export-Import Bank Act of 1945, which is used for blended or parallel financing, as those terms are defined by sections 15(h) (4) and (5), respectively, of such Act: Provided further. That fimds made available under this heading shall remain available untU September 30,1992.
El Salvador. E""^^"* cfaims.
Mexico,
104 STAT. 1992

INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter 4 of part II, $20,000,000, which shall be available for the United States contribution to the International Fund for Ireland and shall be made available in accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415): Provided, That such amount shall be expended at the minimum rate necessary to make timely pajnnent for projects and activities: Provided further. That funds made available under this heading shall remain available until expended.
MULTILATERAL ASSISTANCE INITIATIVE FOR THE PHILIPPINES
President.
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, $160,000,000, of which $60,000,000 shall be derived by transfer, one-half from funds appropriated to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 and one-half from funds appropriated to carry out chapter 4 of part II of the Act, which shall be available for the Multilateral Assistance Initiative for the Philippines: Provided, That not less than 75 per centum of the funds appropriated under this heading shall be made available for project and sector activities consistent with the purposes of sections 103 through 106 of such Act: Provided further. That the President shall seek to channel through indigenous and United States private voluntary organizations ind cooperatives not less than $20,000,000 of the funds appropriated under this heading gmd of the funds appropriated and allocated for the Philippines to carry out sections 103 through 106 of such Act: Provided further. That up to a total of $40,000,000 of the funds appropriated to carry out sections 103 through 106 and chapter 4 of part II of such Act may be transferred to and consolidated and merged with the funds appropriated under this heading notwithstanding the limitations on transfers between accounts contained in section 514 of this Act and sections 109 and 610 of the Foreign Assistance Act of 1961: Provided further. That any funds transferred to carry out the purposes of the previous proviso shall be made available only for projects aind activities which are consistent with the purposes of those funds as initially appropriated: Provided further. That of the total amount of funds transferred to carry out the purposes of this heading not less than 50 per centum shall be derived from funds appropriated to carry out chapter 4 of part II of the Foreign Assistance Act: Provided further. That transfers of any funds to carry out the purposes of this heading shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further. That funds made available under this heading shall remain available until September 30, 1992: Provided further. That none of the funds appropriated under this heading shall be made available except as provided through the regular notification procedures of the Committees on Appropriations.
ASSISTANCE FOR EASTERN EUROPE
(a) For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 and the Support for East European Democracy (SEED) Act of 1989, $369,675,000, to remain available until expended, which shall be available, notwithstanding any other
104 STAT. 1993
provision of law, for economic issistance for Eastern Europe as follows (1) $113,675,000 shall be provided for technical assistance and training, including such activities as support for labor activities, scholarship programs, medical assistance, and support for private sector development; (2) $15,000,000 shall be provided for technical and other assistance to support housing sectors; (3) $75,000,000 shall be provided for environment and energy activities, with emphasis on assistance in developing policies encouraging, and providing incentives for, end-use energy efficiency (including preparation of least-cost energy plans), conservation, and reliance on renewable energy resources, and further including training, technical assistance for related energy and environmental investments or regulation, local production of environmental or energy-related equipment, promotion of United States technologies, and dealing with health problems directly associated with pollution; (4) $19,000,000 shall be provided for activities to foster democratic pluralism, including support, based on recommendations of the bipartisan joint leadership of Congress for the newly elected parliaments in Eastern Europe through, among other things, exchanges involving members, staff, and support agencies of Congress and the parliaments in Eastern Europe; (5) $90,000,000 shall be provided for the Polish-American and Hungarian-American Enterprise Funds; (6) $27,000,000 shall be provided for other private enterprise activities, with emphasis on technical assistance and training for development of market-oriented policies, restructuring and creation of financial institutions (such as stock markets, insurance companies and banks), creation and management of private business organizations, and privatization of state business organizations; and (7) $40,000,000, of which $10,000,000 shall be derived by transfer from funds provided for environment and energy activities under this heading, and which shall be provided for agricultural and rural development activities, with emphasis on technical assistance and training for development of rural economies md market-oriented policies, restructuring and creation of agricultural ^ a n c i a l institutions and marketing systems, development of food processing, food transport and food storage systems, creation and management of agribusiness organizations (including farmer-owned cooperatives), and privatization of state farms, agribusiness and credit institutions. (bXD Funds allocated by this Act for any of the paragraphs under subsection (a) may be reallocated for the purposes of any other such paragraph if, at least 15 days prior to such reallocation, the (Dommittees on Appropriations are notified in accordance with regular notification procedures. (2) None of the funds appropriated under this heading shall be made available except as provided through the regular notification procedures of the (>)mmittees on Appropriations. (3) Not more than 50 per centum of the funds provided under subsections (a) (1) and (3) which are made available for environment and health-related assistance activities may be made available for any single country.
39-194 O - 91 - 21 : QL 3 Part 3
104 STAT. 1994
note.
22 use 5493
(c) Funds made available for the Polish-American and HungarianAmerican Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for projects and activities. (d) Up to $1,000,000 of the funds appropriated under this heading may be used for the administrative expenses incurred by the Agency for International Development in connection with administering programs for Eastern Europe: Provided, That the authority of this subsection shall supersede for fiscal year 1991 the provisions of section 803 of the Support for East European Democracy (SEED) Act of 1989. (e) Funds appropriated under this heading shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contedned in that Act for the use of economic assistance.
INDEPENDENT AGENCIES AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out the provisions of title V of the International Security and Development Cooperation Act of 1980, Public Law 96-533, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104, title 31, United States Code, $13,000,000: Provided, That, when, with the permission of the Foundation, funds made available to a grantee under this heading are invested pending disbursement, the resulting interest is not required to be deposited in the United States Treasury if the grantee uses the resulting interest for the purpose for which the grant was made. This provision applies with respect to both interest earned before and interest earned after the enactment of this provision.
INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104, title 31, United States Code, $25,000,000.
OVERSEAS PRIVATE INVESTMENT CORPORATION
The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $35,000 for official reception and representation expenses), and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year. During the fiscal year 1991 and within the resources and authority available, gross obligations for the amount of direct loans shall not exceed $40,000,000. During the fiscal year 1991, total commitments to guarantee loans shall not exceed $250,000,000 of contingent liability for loan principal.

PEACE CORPS
104 STAT. 1995
For expenses necessary to carry out the provisions of the Peace Corps Act (75 Stat. 612), $186,000,000, including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions.
DEPARTMENT OF STATE INTERNATIONAL NARCOTICS CONTROL
Abortion.
For necessary expenses to carry out the provisions of section 481 of the Foreign Assistance Act of 1961, $150,000,000: Provided, That Reports, of the funds appropriated under this heading not more than $117,792,000 may be obligated or expended until 15 days after the receipt by the Committees on Appropriations of a report from the Secretary of State describing measures being tiken to correct management deficiencies in the Bureau of International Narcotics Matters identified in the report of the Inspector General of the Department of State dated January 1990.
ANTI-NARCOTICS RESOURCE REQUIREMENTS President.
(a) The President shall undertake an analysis of the requirements necessary to bolster anti-narcotic efforts and assets of transshipment countries identified in the President's strategy. (b) The President shall submit to the Congress, at the time of the Reports, suljmission of the President's budget request for fiscal year 1992, a report describing the requirements indicated by the analysis under subsection (a).
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code; $485,648,000: Provided, That not less than $45,000,000 shall be available for Soviet, Eastern European and other refugees resettling in Israel: Provided further. That not less than $500,000 shall be available for Tibetan refugees: Provided further. That not less than $1,500,000 shall be available for the Thai-Cambodian border protection program: Provided further. That not less than $1,500,000 shall be available for the antipiracy program: Provided further. That of the funds appropriated by this Act to carry out chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $5,000,000 to be derived in equal amounts from funds appropriated for each of those chapters, shall be made available for the affected Thai Village Program: Provided further. That not less than $10,000,000 shall be available for implementation of the Comprehensive Plan of Action: Provided further. That funds appropriated under this heading shall
104 STAT. 1996 National defense.
8 use 1101 '**-
8 use 1101
"*-
be administered in a manner that ensures equity in the treatment of all refugees receiving Federal assistance: Provided further. That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to ensure against Communist infiltration in the Western Hemisphere: Provided further. That section 584(aXlXB) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100-202), is amended by striking "during the period beginning on March 22,1988, and ending on September 30,1990", and inserting "on or after March 22,1988'^ Provided further. That the ninth proviso under Migration and Refugee Assistance, Department of State, in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 is amended by striking "and before the end smd dl
t h a t follows t h r o u g h "subsection (aXl)(B) of such section": Provided fuHher, T h a t effective a s of December 22, 1987, section 584(bX2) of
8 use 1101 ^^-
the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100-202) is amended by striking "the principal alien involved is unmarried and": Provided further, That not more than $8,528,000 of the funds appropriated under this heading shall be available for the administrative expenses of the Office of Refugee Programs of the Department of State: Provided further. That of the funds appropriated under this heading, $250,000 shall be made available, notwithstanding any other provision of law, for food, medicine, medical supplies, medical training, clothing, and other humanitarian assistance for any Burmese person in Burma or Thailand who is displaced as a result of events relating to civil conflict: Provided further. That the transfer of any funds appropriated under this heading to programs for refugee admissions shall be subject to the regular notification procedures of the Committees on Appropriations.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $35,000,000, to remain available until expended: Provided, That the funds made available under this heading are appropriated notwithstanding the provisions contained in section 2(cX2) of the Migration and Refugee Assistance Act of 1962 which would limit the amount of funds which could be appropriated for this purpose.
ANTI-TERRORISM ASSISTANCE
For necessary expenses to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961, $12,026,000. TITLE IIIMILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541, $47,196,000: Provided, That none of the funds appropriated under this heading shall be made avedlable for greuit financed military
104 STAT. 1997
education and training for any country whose annual per capita GNP exceeds $2,349 unless that country agrees to fund from its own resources the transportation cost and living allowances of its students: Provided further. That not less than $1,000,000 of the funds appropriated under this heading shall be made available for developing, initiating, conducting and evaluating courses and other programs for training foreign civilian uid military officials in managing and administering military establishments and budgets, and for training foreign military and civilian officials in creating and maintaining effective military judicial systems and military codes of conduct, including observance of internationally recognized human rights: Provided further. That none of the funds appropriated under this hearing shall be available for Malaysia, Zaire, Liberia, Sudan, and Somalia: Provided further. That section 541 of the Foreign Assistance Act of 1961 is amended by inserting the 22 USC 2347. following sentence immediately after the first sentence: "Such civilian personnel shall include foreign governmental personnel of ministries other than ministries of defense if the military education and training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the principle of civilian control of the military, or (iii) improve military justice systems and procedures in accordance with internationally recognized human rights."
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,663,420,800: Provided, That of the funds appropriated by this paragraph not less than $1,800,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be available for grants only for Egypt: Provided further. That of the funds appropriated by this paragraph for Israel $1,695,000,000 shall be disbursed within thirty days of enactment of this Act or by October 31, 1990, whichever is later: Provided further. That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced fighter aircrgift programs or for other advanced weapons systems, as follows: (1) up to $150,000,000 shall be available for research and development in the United States; and (2) not less than $475,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further. That funds made available under this heading shall be obligated upon apportionment in accordance with paragraph (5XC) of title 31, United States Code, section 1501(a), and shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further. That none of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed a grant agreement with the United States Government specif5dng the conditions under which such procurements may be financed with such funds.
104 STAT. 1998
22 u s e 2314.
Grovernment contracts. Business and industry. Accounting. Foreign relations.
For expenses necessary for loans to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $403,500,000: Provided, That any funds made available by this paragraph, except as otherwise specified, may be made available at concessional rates of interest: Provided further. That the concessional rate of interest on Foreign Military Financing Program loEins shall be not less than 5 per centum per year: Provided further. That all country and funding level changes in requested concessional financing allocations shall be submitted through the regular notification procedures: Provided further. That during fiscal year 1991, gross obligations for the principal amount of direct loans under this heading, exclusive of loan guarantee defaults, shall not exceed $403,500,000. If Turkey receives any funds under this heading on a grant basis then not less than $30,000,000 of the funds provided for Greece shall be made available as grants: Provided, That funds previously obligated for the Philippines under the heading "Foreign Military Credit Sales" but uncommitted on the date of enactment of this Act, shall be used at any time hereafter only to finance sales made under the Arms Export Control Act: Provided further. That the second sentence of section 505(f) of the Foreign Assistance Act of 1961 is amended by striking out "1975" and inserting "1985" in lieu thereof: Provided further. That of the funds appropriated under this heading not more than $2,887,000 shall be available for non-lethal assistance for Guatemala: Provided further. That funds made available under this heading for Guatemala shall be made available only through the regular notification procedures of the Committees on Appropriations: Provided further. That none of the funds appropriated under this heading shall be available for Zaire, Sudan, Liberia or Somalia: Provided further. That not more than $300,000,000 of the funds made available under this heading shall be aveiilable for use in financing the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act to countries other than Israel and Egypt: Provided further. That only those countries for which assistance was justified for the "Foreign Military Sales Financing Program" in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further. That any material assistance provided with funds appropriated under this heading for Haiti shall be limited to non-lethal items such as transportation and communications equipment and uniforms: Provided further. That funds made available under this heading for Haiti shall be made available only through the regular notification procedures of the Committees on Appropriations: Provided further, TTiat funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further. That the Department of Defense shall conduct during the current fiscal year nonreimbursable audits of private firms whose contracts are made directly with foreign governments and are financed with funds made available under this heading (as well as subcontractors thereunder) as requested by the Defense Security Assistance Agency: Provided further. That not more than $27,920,800 of the funds appropriated under this heading may be
104 STAT. 1999
obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales: Provided further. That of the funds appropriated under this heading not less than $43,000,000 shall be available for Morocco, $350,000,000 only shall be avEulable for Greece, $500,000,000 only shall be available for Turkey and up to $100,000,000 shall be available for Portugal.
FOREIGN MILITARY SALES DEBT REFORM
Funds made available by the Foreign Operations, Export Financ- 22 USC 2764 ing, and Related Programs Appropriations Act, 1988, for obligation ^ând expenditure after October 1, 1988, subject to a Presidential budget request, under the heading "Foreign Military Sales Debt Reform", subsection Ot)) "Interest Rate Reduction" shall be available, subject to the same conditions and provisos, only after October 1,1991.
GUARANTY RESERVE FUND Securities.
If during fiscal year 1991 the funds avEiilable in the Guaranty Reserve Fund (Fund) are insufficient to enable the Secretary of Defense (Secretary) to discharge his responsibilities, as guarantor of loans guaranteed pursuant to section 24 of the Arms Export Control Act (AECA) or pursusmt to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, under the heading "Foreign Military Sales Debt Reform", the Secretary shall issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury. Such notes or obligations may be redeemed by the Secretary from appropriations and other funds available, including repajonents by the borrowers of amounts paid pursuant to guarantees issued under section 24 of the AECA. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market jdeld on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes or other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes for which securities may be issued under the Second Liberty Bond Act are extended to include any purchase of such notes or obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this heading. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.
SPECIAL DEFENSE ACQUISITION FUND (UMITATION ON OBUGATIONS)
Not to exceed $350,000,000 may be obligated pursuant to section 51(cX2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund during fiscal year 1991, to remain
104 STAT. 2000
available for obligation until September 30, 1993: Provided, That section 632(d) of the Foreign Assistance Act of 1961 shall be applicable to the transfer to countries pursuant to chapter 2 of part II of that Act of defense articles and defense services acquired under chapter 5 of the Arms Export Control Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section 551, $32,800,000. TITLE IVEXPORT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, md to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country other than a nuclear-weapon State as defined in article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act that has detonated a nuclear explosive after the date of enactment of this Act.
UMITATION ON PROGRAM ACTIVITY
During the fiscal year 1991 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $750,000,000: Provided, That there are hereby appropriated $150,000,000 to be made available for tied aid grsuits in accordance with section 15 of the Export-Import Bank Act of 1945, as amended, or, at the discretion of the Chairman of the ExportImport Bank, in accordance with the Trade and Development Enhancement Act of 1983, as amended: Provided further, That there are hereby appropriated $20,000,000 to be made available for interest subsidy pajmients in accordance with the Export-Import Bank Act of 1945, as amended: Provided further. That the funds made available under this heading for both grant and subsidy purposes, including tied aid financed in part through the combined use of concessional financing or grants offered by the Agency for International Development, shall be subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate: Provided further. That $150,000,000 of the funds made available for tied aid grant purposes and $20,000,000 of the funds made available for interest subsidy payments shall be subject to the limitation on the gross obligations for the principal amount of direct loans specified under this heading: Provided further. That the Bank shall use all amounts appropriated to carry out the interest subsidy program to make commitments to commercisd lending institutions and other lenders, subject only to the availability of qualified lenders under the program: Provided further. That during the fiscal year 1991, total commitments to
104 STAT. 2001
guarantee loans shall not exceed $10,599,064,000 of contingent liability for loan principal: Provided further, That the direct loan, tied aid grant and interest subsidy authority provided under this heading shall remain available until September 30,1992.
UMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $23,171,000 (to be computed on an accrual basis) shall be available during fiscal year 1991 for administrative expenses, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $16,000 for official reception and representation expenses for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or a fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Export-Import Bsmk or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Export-Import Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes of this heading.
FUNDS APPROPRIATED TO THE PRESIDENT TRADE AND DEVELOPMENT PROGRAM
For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $35,000,000.
AGENCY FOR INTERNATIONAL DEVELOPMENT TRADE CREDIT INSURANCE PROGRAM
During fiscal year 1991 total commitments to guarantee or insure loans for the "Trade Credit Insurance Program" for Central America pursuant to the authorities of section 224 of the Foreign Assistance Act of 1961, shall not exceed $200,000,000 of contingent liability for loan principal: Provided, That section 224(c) of the Foreign Assistance Act of 1961, is amended by striking out "September 30, 22 USC 2184. 1990" and msertmg in lieu thereof "September 30,1991". During fiscal year 1991, total commitments to guarantee or insure loans for the "Trade Credit Insurance Program" for Poland, pursuant to the authorities of section 225 of the Foreign Assistance Act of 1961, shall not exceed $200,000,000 of contingent liability for loan principal: Provided, That notwithstanding section 225(b) of such Act guarantees provided under this paragraph may be available for medium-term guarantees and insurance extended by the ExportImport Bank.
104 STAT. 2002
PUBLIC LAW 101-513NOV. 5, 1990 TITLE VGENERAL PROVISIONS

COST BENEFIT STUDIES
Flood control.
SEC. 501. None of the funds appropriated in this Act (other than funds appropriated for "International Organizations and Programs") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America under the principles, standards and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory or supplementary thereto.
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 502. Except for the appropriations entitled "International Disaster Assistance", and "United States Emergency Refugee and Migration Assistance Fund", not more than 15 per centum of any appropriation item made available by this Act shall be obligated during the last month of availability.
PROHIBITION AGAINST PAY TO FOREIGN ARMED SERVICE MEMBER
SEC. 503. None of the funds appropriated in this Act nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any person heretofore or hereafter serving in the armed forces of any recipient country.
TERMINATION FOR CONVENIENCE Government procurement.
SEC. 504. None of the funds appropriated or made available pursuant to this Act for carrjdng out the Foreign Assistance Act of 1961, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 505. None of the funds appropriated or made available pursuant to this Act for canying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 506. None of the funds contained in title II of this Act may be used to carry out the provisions of section 209(d) of the Foreign Assistance Act of 1961.
AID RESIDENCE EXPENSES
SEC. 507. Of the funds appropriated or made available pursuant to this Act, not to exceed $126,500 shall be for official residence
104 STAT. 2003
expenses of the Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken Foreign to assure that, to the maximum extent possible, United States- currencies. owned foreign currencies are utilized in lieu of dollars.
AID ENTERTAINMENT EXPENSES
SEC. 508. Of the funds appropriated or made available pursuant to this Act, not to exceed $11,500 shall be for entertainment expenses of the Agency for International Development during the current fiscal year.
REPRESENTATIONAL ALLOWANCES
SEC. 509. Of the funds appropriated or made available pursuant to this Act, not to exceed $115,000 shall be available for representation allowances for the Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible. United States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the funds made available by this Act for generad costs of administering military assistance and sales under the heading "Foreign Military Financing Program", not to exceed $2,875 shall be available for entertainment expenses and not to exceed $75,000 shall be available for representation allowances: Provided further. That of the funds made available by this Act under the heading "International Military Education and Training", not to exceed $125,000 shall be available for entertainment allowances: Provided further. That of the funds made avsiilable by this Act for the Inter-American Foundation, not to exceed $2,875 shall be available for entertainment and representation allowances: Provided further. That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,600 shall be available for entertainment expenses: Provided further. That of the funds made available by this Act under the heading "Trade and Development Progrgim", not to exceed $2,300 shall be available for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
Foreign currencies.
SEC. 510. None of the funds appropriated or made available (other than funds for "International Organizations and Programs") pursuant to this Act, for carrjdng out the Foreign Assistance Act of 1961, may be used to finance the export of nuclear equipment, fuel, or technology.
HUMAN RIGHTS
SEC. 511. Funds appropriated by this Act may not be obligated or expended to provide assistance to any country for the purpose of aiding the efforts of the government of such country to repress the legitimate rights of the population of such country contrary to the Universal Declaration of Human Rights.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 512. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to f i a n c e directly any assistance or reparations to Angola, Cambodia,
104 STAT. 2004
Cuba, Iraq, Libya, the Socialist Republic of Vietnam, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 513. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to any country whose duly elected Head of Grovemment is deposed by military coup or decree: Provided, That assistance may be resumed to such country if the President determines and reports to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office.
TRANSFERS BETWEEN ACCOUNTS
SEC. 514. None of the funds made available by this Act may be obligated under an appropriation account to which they were not appropriated, unless the President, prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.
DEOBUGATION/REOBLIGATION AUTHORITY
31 use 1108, 1501,1502.
SEC. 515. (a) Amounts certified pursuant to section 1311 of the Supplemental Appropriations Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Foreign Aîstance Act of 1961 for the same general purpose as any of the headings under the "Agency for International Development" ^j.g^ jf (jeobligated, hereby continued available for the same period as the respective appropriations under such headings or until September 30, 1991, whichever is later, ind for the same general purpose, and for countries within the same region as originally obligated: Provided, That the Appropriations Committees of both Houses of the Congress are notified fifteen days in advance of the deobligation and reobligation of such funds in accordance with regular notification procedures of the Committees on Appropriations. (b) Obligated balances of funds appropriated to carry out section 23 of the Arms Export Control Act as of the end of the fiscal year immediately preceding the current fiscal year are, if deobligated in accordance with amendments of applicable grant or loan agreements, hereby continued available during the current fiscal year for the same purpose under any authority applicable to such appropriations under this Act: Provided, That the Appropriations Committees of both Houses of the Congress are notified fifteen days in advance of the deobligation and reobligation of such funds in accordance with regular notification procedures of the Committees on Appropriations.

PROHIBITION ON PUBUCITY OR PROPAGANDA
104 STAT. 2005
SEC. 516. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of enactment of this Act by the Congress.
AVAILABILITY OF FUNDS
SEC. 517. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapter 1 of part I, section 667, and chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, shall remain available until expended if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available until expended: Provided further, That the report required by section 653(a) Reports, of the Foreign Assistance Act of 1961 shall designate for each country, to the extent known at the time of submission of such report, those funds allocated for cash disbursement for balance of payment and economic policy reform purposes.
UMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 518. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on siny loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act: Provided, 'Hiat this section and section 620(q) of the Foreign Assistance Act of 1961 shall not apply to funds made available in this Act for Nicaragua, and for any narcotics-related assistance in Colombia, Bolivia, and Peru authorized by the Foreign Assistance Act of 1961, as amended, or the Arms Export Control Act.
FINANCIAL INSTITUTIONSNAMES OF BORROWERS
SEC. 519. None of the funds appropriated or made available pursuant to this Act shall be available to any international financial institution whose United States governor or representative cannot upon request obtain the amounts and the names of borrowers for all loans of the international financial institution, including loans to employees of the institution, or the compensation and related benefits of employees of the institution.
FINANCIAL INSTITUTIONSDOCUMENTATION
SEC. 520. None of the funds appropriated or made available pursuant to this Act shall be available to any international financial institution whose United States governor or representative cannot upon request obtain any document developed by or in the possession
Confidential business information.
104 STAT. 2006
of the management of the international financial institution, unless the United States governor or representative of the institution certifies to the Committees on Appropriations that the confidentiality of the information is essential to the operation of the institution.
COMMERCE AND TRADE Exports. Surplus commodities.
Employment.
Agricultural commodities.
SEC. 521. (a) None of the funds appropriated or made available pursuant to this Act for direct assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and emplojmient in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity. (b) None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, That this subsection shall not prohibit (1) activities designed to increase food security in developing countries where such activities will not have a significant impact in the export of agricultural commodities of the United States; or (2) research activities intended primarily to benefit American producers. (c) None of the funds provided in this Act to the Agency for International Development, other than funds made available to carry out Caribbean Basin Initiative programs under the Tariff Schedules of the United States, section 1202 of title 19, United States Code, schedule 8, part I, subpart B, item 807.00, shall be obligated or expended (1) to procure directly feasibility studies or prefeasibility studies for, or project profiles of potential investment in, the manufacture, for export to the United States or to third country markets in direct competition with United States exports, of import-sensitive articles as defined by section 503(cXl) (A) and (E) of the Tariff Act of 1930 (19 U.S.C. 2463(cXl) (A) and (E)); or (2) to assist directly in the establishment of facilities specifically designed for the manufacture, for export to the United States or to third country markets in direct competition with United States exports, of import-sensitive articles as defined in section 503(cXl) (A) and (E) of the Tariff Act of 1930 (19 U.S.C. 2463(cXl) (A) and (E)).

SURPLUS COMMODITIES
104 STAT. 2007
SEC. 522. 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 Internationgd Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
Mineral resources. Exports. Business and industry. 22 u s e 262h.
SEC. 523. For the purposes of providing the Executive Branch with the necessary administrative flexibility, none of the funds made available under this Act for "Agriculture, rural development, and nutrition. Development Assistance", "Population, Development Assistance", "Child Survival Fund", "Health, Development Assistance", "International AIDS Prevention and Control Program", "Education and human resources development. Development Assistance", "Private Sector, environment, and energy. Development Assistance", "Science and technology. Development Assistance", "Sub-Saharan Africa, Development Assistance", "International organizations and programs", "American schools and hospitals abroad", "Trade and development program", "International narcotics control", "Economic support fund , "Peacekeeping operations", "Operating expenses of the Agency for International Development", "Operating expenses of the Agency for International Development Office of Inspector General", "Anti-terrorism assistance", "Foreign Military Financing Program", "International military education and training", "Inter-American Foundation", "African Development Foundation", "Peace Corps", or "Migration and refugee assistance", shall be available for obligation for activities, programs, projects, tjrpe of materiel assistance, countries, or other operation not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for the current fiscal year unless the Appropriations Committees of both Houses of Congress are previously notified fifteen days in President. advance: Provided, 'Riat the President shall not enter into any National defense. commitment of funds appropriated for the purposes of section 23 of A^msând the Arms Export Control Act for the provision of major defense munitions equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 per centum in excess of the quantities justified to Congress unless the Committees on Appropriations are notified fifteen days in advance of such commitment: Provided further. That this section shall not apply to any reprogramming for an activity, program, or project under chapter 1 of part I of the Foreign Assistance Act of 1961 of less than 20 per centum of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fisci year.
104 STAT. 2008

CONSULTING SERVICES
Government procurement. Public information.
SEC. 524. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order pursusint to existing law.
PROHIBITION ON ABORTION LOBBYING
SEC. 525. None of the funds appropriated under this Act may be used to lobby for abortion.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 526. (a) Notwithstanding any other provision of law or of this Act, none of the funds provided for "International Organizations ind Programs" shall be available for the United States proportionate share for any programs for the Palestine Liberation Orgeinization (or for projects whose purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it), Libya, Iran, or, at the discretion of the President, Communist countries listed in section 620(f) of the Foreign Assistance Act of 1961, as amended: Provided, That, subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under this Act or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for orggmizations and programs because of the implementation of this section or any similar provision of law, shall remain available for obligation through September 30,1992. (b) The United States shall not make any voluntary or assessed contribution (1) to any affiliated organization of the United Nations which grants full membership as a state to any organization or group that does not have the internationally recognized attributes of statehood, or (2) to the United Nations, if the United Nations grants full membership as a state in the United Nations to any organization or group that does not have the internationally recognized attributes of statehood, during any period in which such membership is effective.
LOANS TO ISRAEL UNDER ARMS EXPORT CONTROL ACT
SEC. 527. Notwithstanding any other provision of law, Israel may utilize any loan which is or was made available under the Arms Export Control Act and for which repayment is or was forgiven before utilizing any other loan made available under the Arms Export (Dontrol Act.
PROHIBITION AGAINST UNITED STATES EMPLOYEES RECOGNIZING OR NEGOTIATING WITH PLO
SEC. 528. In reaffirmation of the 1975 memorandum of agreement between the United States and Israel, and in accordance with
104 STAT. 2009
section 1302 of the International Security and Development C!ooperation Act of 1985 (Public Law 99-83), no employee of or individual acting on behalf of the United States Government shall recognize or negotiate with the Palestine Liberation Organization or representatives thereof, so long as the Palestine Liberation Organization does not recognize Israel's right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL
SEC. 529. The Congress finds that progress on the peace process in the Middle East is vitally important to United States security interests in the region. The Congress recognizes that, in fulfilling its obligations under the Treaty of Peace Between the Arab Republic of Egypt and the State of Israel, done at Washington on March 26, 1979, Israel incurred severe economic burdens. Furthermore, the Congress recognizes that an economically and militarily secure Israel serves the security interests of the United States, for a secure Israel is an Israel which has the incentive and confidence to continue pursuing the peace process. Therefore, the Congress declares that it is the policy and the intention of the United States that the funds provided in annual appropriations for the Economic Support Fund which are allocated to Israel shall not be less than the annual debt repayment (interest and principal) from Israel to the United States Government in recognition that such a principle serves United States interests in the region.
CEIUNGS AND EARMARKS
SEC. 530. Ceilings and earmarks contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs.
ASSISTANCE FOR EL SALVADOR SEC. 531. (a) STATEMENT OF POUCY.United States military assist- 22 use 2370 ance to the Government of El Salvador shall seek three principal "* foreign policy objectives, as follows: (1) to promote a permanent settlement and cease-fire to the conflict in El Salvador, with the Secretary Greneral of the United Nations serving as an active mediator between the opposing parties; (2) to foster greater respect for basic human rights, and the rule of law; and (3) to advance political accommodation smd national reconciliation. (b) MAXIMUM LEVEL OF MILITARY ASSISTANCE.Of the funds available for United States military assistance for fiscal year 1991, not more than $85,000,000 shall be made available for El Salvador. (c) PROHIBITION OF MILITARY ASSISTANCE.(1) PROHIBITION.Sub-
ject to paragraph (2), no United States military assistance may be furnished to the Government of El Salvador if the President determines and reports in writing to the Congress that (A) after he has consulted with the Secretary General of the United Nations, the Government of El Salvador has declined to participate in good faith in negotiations for a permanent settlement and cease-fire to the armed conflict of El Salvador;
104 STAT. 2010

(B) the Government of El Salvador has rejected or otherwise failed to support an active role for the Secretary General of the United Nations in mediating that settlement; (C) the Government of El Salvador has rejected a plan for the settlement of the conflict which (i) has been put forward by the Secretary General of the United Nations in accordance with the terms and procedures in the April 4, 1990 Greneva Communique and the May 21, 1990 Caracas Accord between the Government of El Salvador and the FMLN; (ii) includes a proposal for an internationally monitored cease-fire; and (iii) has been accepted, within 15 days from its announcement, by the FMLN and is being complied with by the FMLN; (D) the Government of El Salvador has failed to conduct a thorough and professional investigation into, and prosecution of those responsible for the eight murders at the University of Central America on November 16,1989; or (E) the military and security forces of El Salvador are assassinating or abducting civilian noncombatants, are engaging in other acts of violence directed at civilian targets, or are failing to control such activities by elements subject to the control of those forces; or (F) the Government of El Salvador has failed to actively seek and encourage a law enforcement service from outside El Salvador, such as Scotland Yard or INTERPOL, to accompany and monitor investigators of the Government of El Salvador in their investigation into the eight murders at the University of Central America on November 16,1989.
(2) REQUIREMENT FOR RESUMPTION OF ASSISTANCE.Assistance
prohibited under paragraph (1) may only be resumed pursuant to a law subsequently enacted by the Congress.
(d) WITHHOLDING OF MIIJTARY ASSISTANCE.(1) I N GENERAL.
President. Reports.
Fifty per centum of the total United States military assistance allocated for El Salvador for fiscal year 1991 sheill be withheld from obligation or expenditure (as the case may be) except as provided in paragraphs (2) and (3). (2) RELEASE OF ASSISTANCE.The United States military assistance withheld pursuant to paragraph (1) may be obligated and expended only if the President determines and reports in writing to the Congress that (A) after he has consulted with the Secretary General of the United Nations, the representatives of the FMLN (i) have declined to participate in good faith in negotiations for a permanent settlement and cease-fire to the armed conflict in El Salvador, or (ii) have rejected or otherwise failed to support an active role for the Secretary General of the United Nations in mediating that settlement; (B) the FMLN has rejected a plan for the settlement of the conflict which (i) has been put forward by the Secretary General of the United Nations in accordance with the terms and procedures in the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas Accord between the Government of El Salvador and the FMLN;
104 STAT. 2011
(ii) includes a proposal for an internationally monitored cease-fire; and (iii) has been accepted, within 15 days from its announcement, by the Government of El Salvador and is being complied with by the Government of El Salvador; (C) the survival of the constitutional Government of El Salvador is being jeopardized by substantial and sustained offensive military actions or operations by the FMLN; (D) proof exists that the FMLN is continuing to acquire or receive significant shipments of lethal military assistance from outside El Salvador, and this proof has been shared with the Congress; or (E) the FMLN is assassinating or abducting civilian noncombatemts, is engaging in other acts of violence directed at civilian targets, or is failing to control such activities by elements subject to FMLN control. (3) EXCEPTION.Notwithstanding any other provision of law, funds withheld pursuant to paragraph (1) of this subsection may be disbursed to pay the cost of any contract penalties which may be incurred as a result of such withholding of funds under this subsection.
(e) CONDITION FOR TERMINATION OF ALL UNITED STATES ASSIST-
ANCE.(1) PROHIBITION.Subject to paragraph (2), no United States assistance may be furnished to El Salvador if the duly-elected head of Government of El Salvador is deposed by military coup or decree.
(2) REQUIREMENT FOR RESUMPTION OF ASSISTANCE.Assistance
prohibited under paragraph (1) may only be resumed pursuant to a law subsequently enacted by the Congress.
(f) ESTABLISHMENT OF A FUND FOR CEASE-FIRE MONITORING, DEMOBIUZATION, AND TRANSITION TO PEACE.(1) ESTABUSHMENT OF
FUND.There is hereby established in the Treasury of the United States a fund to assist with the costs of monitoring a permanent settlement of the conflict, including a cease-fire, and the demobilization of combatants in the conflict in El Salvador, and their transition to peaceful pursuits, which shall be known as the "Demobilization and Transition Fund" (hereafter in this section referred to as the "Fund"). Amounts in this Fund shall be available for obligation and expenditure only upon notification by the President to the Congress that the Government of El Salvador and representatives of the FMLN have reached a permanent settlement of the conflict, including a final agreement on a cease-fire.
(2) TRANSFER OF CERTAIN MILITARY ASSISTANCE FUNDS.Upon
notification of the Congress of a permanent settlement of the conflict, including an agreement on a cease-fire, or on September 30, 1991, if no such notification has occurred prior to that date, the President shall transfer to the Fund any United States military assistance funds withheld pursuant to subsection (d) of this section. (3) USE OF THE FUND.Notwithstanding any other provision of law, amounts in the Fund shall be available for El Salvador solely to support costs of demobilization, retraining, relocation, and reemplojnnent in civilian pursuits of former combatants in the conflict in El Salvador, and of the monitoring of the permanent settlement and cease-fire.
(4) DURATION OF AVAILABILITY OF FUNDS.Notwithstanding any
other provision of law, amounts transferred to the Fund shall remain available until expended.
104 STAT. 2012

(g) STRENGTHENING CIVILIAN CONTROL OVER THE MILITARY.In
order to strengthen the control of the democratically-elected civilian Grovernment of El Salvador over the armed forces of that country, United States military assistance for any fiscal year may be delivered to the armed forces of El Salvador only with the prior approval of the duly elected President of El Salvador.
(h) SUPPORT FOR DEMOCRACY.(1) ESTABLISHING A PROGRAM.The
President.
Secretary of State, through agreement with the National Endowment for Democracy or other qualified organizations, shall establish and carry out a program of education, training, and dialogue for the purpose of strengthening democratic political and legal institutions in El Salvador. (2) ELECTION MONITORING.Of the amounts made available to carry out this subsection, up to $2,000,000 may be used for support for monitoring the 1991 municipal and National Assembly elections in El Salvador, and for monitoring the registration and campaign processes leading up to those elections, by appropriate organizations such as the United Nations, the Organization of American States, the Carter Center, the National Democratic Institute for International Affairs, the National Republican Institute for International Affairs, and the Center for Electoral Assistance and Promotion (CAPEL) of San Jose, Costa Rica. (3) ASSISTANCE.Up to $10,000,000 of funds appropriated under the heading "Elconomic Support Fund" for fiscal year 1991 may be used to carry out this subsection. (i) REPORTING REQUIREMENTS.Sixty days after the date of enactment of this Act and every 180 days thereafter, the President shall submit to the Congress a report describing (1) the willingness or unwillingness of the Government of El Salvador and the FMLN to negotiate seriously and in good faith for the purpose of achieving a permanent settlement to the conflict in El Salvador, including a cease-fire, and providing appropriate information regarding criteria described in subsections (c) and (dX2); and (2) the status of investigations into the politically motivated murders listed in section 538 of this Act. (j) DEFINITIONS.For purposes of this section (1) the term "United States assistance" has the same meaning as is given to such term by section 481(iX4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(iX4)) and includes United States military assistance as defined in paragraph (2); and (2) the term "United States military assistance" means (A) assistance to carry out chapter 2 (relating to grant military assistance) or chapter 5 (relating to international military education and training) of part II of the Foreign Assistance Act of 1961; and (B) assistance to carry out section 23 of the Arms Export Control Act.
NOTIFICATION CONCERNING AIRCRAFT IN CENTRAL AMERICA
SEC. 532. (a) During the current fiscal year, the authorities of part II of the Foreign Assistance Act of 1961 and the Arms Export Control Act may not be used to make available any helicopters or other aircraft for military use, and licenses may not be issued under section 38 of the Arms Export Control Act for the export of any such aircraift, to any country in Centrsil America unless the Committees
104 STAT. 2013
on Appropriations, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified in writing at least fifteen days in advance. (b) During the current fiscal year, the Secretary of State shall promptly notify the committees designated in subsection (a) whenever any helicopters or other aircraft for military use are provided to any country in Central America by any foreign country.
ENVIRONMENT AND GLOBAL WARMING
SEC. 583. (a) It is the policy of the United States that sustainable Natural economic growth must be predicated on the sustainable manage- resources. Energy ment of natural resources. The Secretary of the Treasury shall conservation. instruct the United States Executive Director of each multilateral 22 use 262Z. development bank (MDB) to promote vigorously within each MDB the expansion of programs in areas which address the problems of global climate change through requirements to (1) expand programs in energy conservation, end use energy efficiency, and renewable energy and promotion by (A) continuing to augment and expand professional staffs with expertise in these areas; (B) giving priority to these areas in the "least cost" energy sector investment plans; (C) encouraging and promoting these areas in policybased energy sector lending; (D) developing logins for these purposes; and (E) convening seminars for MDB staff and board members on these areas and alternative energy investment opportunities; (2) provide analysis for each proposed loan to support additional power generating capacity comparing demand reduction costs to proposal costs; (3) continue to assure that environmental impact assessments (EIA) of proposed energy projects are conducted early in the project cycle, include consideration of alternatives to the proposed project, and encourage public participation in the EIA process; (4) continue to include the environmental costs of proposed projects with significant environmental impacts in economic assessments; and (5) continue to provide technical assistance as a component of energy sector lending. (b) The Secretary of the Treasury shall, not later than March 1, Reports 1991, submit an annual report to the Congress which shall include (1) a detailed description of how the natural resource management initiatives mandated by this section have been incorporated in the Administration's efforts to address Third World Debt (the Brady Plan); (2) a detailed description of progress made by each of the MDBs in adopting and implementing programs meeting the standards set out in subsection (a) including, in particular, efforts by the Department of the Treasury to assure implementation of this section, progress made by each MDB in subsection (aXlXB), and the amounts and proportion of lending in the energy sector for projects or programs in subsection (aXD; (3) the progress the Inter-American Development Bank has made in implementing environmental reforms;
104 STAT. 2014
(4) an updated anal3rsis of each MDB's forestry sector loans, and a current analysis of each MDB's energy sector loans, and their impact on emissions of CO2 and the status of proposals for specific forestry and energy sector activities to reduce CQ2 emissions; and (5) the progress the International Bank for Reconstruction and Development has made in implementing the recommendations set forth in the April 1, 1988, report on "Debt-for-Nature Swaps" by the World Bank. (cXD The Administrator of the Agency for International Development shall update and issue guidance to all Agency missions and bureaus detailing the elements of the "Global Warming Initiative", which will continue to emphasize the need to reduce emissions of greenhouse gases, especially CQz and CFCs, through strategies consistent with continued economic development. This initiative shall continue to emphasize the need to accelerate sustainable development strategies in areas such as reforestation, biodiversity, end-use energy efficiency, least-cost energy planning, and renewable energy, and shall encourage mission directors to incorporate the elements of this initiative in developing their country programs. (2) The Administrator shall pursue this initiative by, among other things (A) increasing the number and expertise of personnel devoted to this initiative in all bureaus and missions; (B) devoting increased resources to technical training of mission directors; (C) accelerating the activities of the Multi-Agency Working Group on Power Sector Innovation; (D) focusing tropical forestry assistance programs on the key middle- and low-income developing countries (hereinafter "key countries") which are projected to contribute large amounts of greenhouse gases to the global environment; (E) assisting countries in developing a systematic analysis of the appropriate use of their total tropical forest resources, with the goal of developing a national program for sustainable forestry; (F) focusing energy assistance activities on the key countries, where assistance would have the greatest impact on reducing emissions from greenhouse gases; and (G) continuing to follow the directives with respect to key countries and countries that receive large Economic Support Fund assistance contained in section 534(bX3) of Public Law 101-167. (3) None of the funds appropriated in this Act shall be available for any program, project or activity which would (A) result in any significant loss of tropical forests; or (B) involve industrial timber extraction in primary tropical forest areas. (4) Funds appropriated to carry out the provisions of sections 103 and 106 of the Foreign Assistance Act of 1961, as amended, may be used by the Agency for International Development, notwithstanding any other provision of law, for the purpose of supporting tropical forestry and energy programs aimed at reducing emissions of greenhouse gases with regard to the key countries in which deforestation and energy policy would make a significant contribution to global warming, except that such assistance shall be subject to sections 116, 502B, and 620A of the Foreign Assistance Act of 1961.
104 STAT. 2015
(5) Funds appropriated by this Act to carry out the provisions of sections 103 and 106 of the Foreign Assistance Act of 1961 may be used for expenses (including related support costs) relating to the environment and energy sectors, of employees or individuals detailed to or employed by the Agency for International Development, particularly those involved with the "Global Warming Initiative" described in this subsection. (d) Of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961, not less than $80,000,000 shall be made available for environment and energy activities, including funds earmarked under section 534 of this Act, as follows (1) not less than $15,000,000 of the aggregate of the funds appropriated to carry out the provisions of sections 103 through 106 and chapter 10 of part I of the Foreign Assistance Act of 1961 shall be made available for biological diversity activities, of which: $3,000,000 shall be made available for the Parks in Peril project pursuant to the authority of section lldQo) of that Act, $500,000 shall be for neotropical migratory bird conservation in Latin America md the Caribbean, $100,000 shall be for the Charles Darwin Station, $750,000 shall be for Project Noah, and $1,500,000 shall be for the National Science Foundation's international biological diversity program; (2) not less than $30,000,000 of the funds appropriated to carry out the provisions of sections 103 and 106 of the Foreign Assistance Act of 1961 shall be made available to support the "Global Warming Initiative" as described in this section; (3) not less than $5,000,000 of the funds appropriated to carry out the provisions of sections 103,106 and chapter 10 of part I of the Foreign Assistance Act of 1961 shall be made available for assistance in support of elephant conservation and preservation; and (4) not less than $20,000,000 of the funds appropriated to carry out the provisions of sections 103 and 106 of the Foreign Assistance Act of 1961 shall be made available for the Office of Energy of the Agency for International Development. (e) Of the funds appropriated by this Act to carry out the provisions of section 23 of the Arms Export Control Act, not less than $15,000,000 shall be made available to countries in Africa for programs which support conservation and biological diversity. (f) Chapter 2 of part II of the Foreign Assistance Act of 1961 is amended by adding the following new section: "SEC. 518. NATURAL RESOURCES AND WILDUFE MANAGEMENT. 22 use 2321Z.
(a) AUTHORITY TO TRANSFER NONLETHAL EXCESS DEFENSE ARTICLES
AND SMALL ARMS.Subject to the limitations in this section, the President may transfer nonlethal excess defense articles and small arms to friendly countries and to international organizations and private and voluntary organizations for the purposes contained in section 119 of this Act. "(b) LIMITATION ON TRANSFERS.Transfers under this section shall be subject to the limitations contained in section 516(b). "(c) TRANSPORTATION.The Department is authorized to transport nonlethal excess defense articles and small arms made available pursuant to this section without charge on a space available basis.
"(d) WAIVER OF REQUIREMENTS FOR REIMBURSEMENT OF D O D
EXPENSES.Section 632(d) shall not apply with respect to transfers of nonlethal excess defense articles and small arms under this
104 STAT. 2016
section or the transportation of such articles as authorized by subsection (c). "(e) NOTIFICATION TO Ck>MMiTTEES OF CONGRESS.The President may not transfer nonlethal excess defense articles and small arms under this section until 30 days after he has notified the Committees on Appropriations of the proposed transfer. TTiis notification shall include a certification of the need for the transfer and an assessment of the impact of the transfer on the military readiness of the United States. Transfers under this section shall also be subject to the notification requirements of section 516(c) of this Act.". (g) Notwithstanding any other provision of law, none of the funds appropriated by this Act for programs of the Agency for International Development may be made available for any project or activity except in accordance with the requirements of section 117(c) of the Foreign Assistance Act of 1961 and the regulations issued pursuant thereto (22 CFR 216).
MONTREAL PROTOCOL FACILITATION FUNDS (INCLUDING TRANSFER OF FUNDS)
SEC. 534. Not less than $10,000,000 of the funds appropriated by this Act to carry out sections 103 and 106 of the Foreign Assistance Act of 1961 shall be used to support the creation of a fund to facilitate and support global participation in the Montreal Protocol on Substances that Deplete the Ozone Layer: Provided, That these funds shall be transferred to the Bureau of Oceans, International Environment and Scientific Affairs of the Department of State and shall be made available, after consultations with the Environmental Protection Agency, to the United Nations Environment Program in its role as Secretiariat to the Protocol: Provided further, That the United States representative to the Secretariat shall seek assurances that none of these funds shall be contributed to any developing country that is not a party to the Protocol and operating under Article 5 of the Protocol.
PROHIBITION CONCERNING ABORTIONS AND INVOLUNTARY STERILIZATION
SEC. 535. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. The Congress
104 STAT. 2017
reaffirms its commitments to Population, Development Assistance and to the need for informed voluntary family planning.
AFGHANISTANHUMANITARIAN ASSISTANCE
SEC. 536. Of the aggregate amount of funds appropriated by this Act, to be derived in equal parts from the funds appropriated to carry out the provisions of chapter 1 of part I of the Foreign Assistance Act of 1961, and chapter 4 of part II of that Act, up to $70,000,000 may be made available for the provision of food, medicine, or other humanitarian assistance to the Afghan people, notwithstanding any other provision of law. In carrjdng out this section, the Administrator of the Agency for International Development shall ensure that an equitable portion of the funds is made available to benefit Afghan women and girls, particularly in programs in refugee camps in Psikistan and in reconstruction projects in Afghanistan.
PRIVATE VOLUNTARY ORGANIZATIONSDOCUMENTATION
Women. Infants and children. Refugees. Pakistan.
SEC. 537. None of the funds appropriated or made available pursuant to this Act shall be available to a private voluntary organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Agency for International Development, nor shall any of the funds appropriated by this Act be made available to any private voluntary organization which is not registered with the Agency for International Development.
EL SALVADORINVESTIGATION OP MURDERS
SEC. 538. Of the amounts made available by this Act for military assistance and financing for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act, $5,000,000 may not be expended until the President reports, following the conclusion of the Appeals process in the case of Captain Avila, to the Committees on Appropriations that the Government of El Salvador has (1) substantially concluded all investigative action with respect to those responsible for the JEUIUary 1981 deaths of the two United States land reform consultants Michael Hammer and Mark Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo Viera, (2) pursued all legal avenues to bring to trial and obtain a verdict of those who ordered and carried out the January 1981 murders, (3) pursued all legal avenues to bring to trial those who ordered and carried out the September 1988 massacre of ten peasants near the town of San Francisco, El Salvador, and to obtain a verdict, (4) pursued all legal avenues to bring to trial those who ordered and carried out the November 1989 murders of six Jesuit priests and their associates, and to obtain a verdict, and (5) pursued all legal avenues to bring to trial those responsible for the deaths of the ten unionists who were killed during the October 31, 1989 bombing of the FENASTRAS headquarters, and to obtain a verdict,
REFUGEE RESETTLEMENT
President. Reports. Michael Hammer. Mark Pearlman. Jose Rodolfo Viera.
SEC. 539. It is the sense of the Congress that all countries receiving United States foreign assistance under the "Economic Support Fund", "Foreign Military Financing Program", "International Mili-
104 STAT. 2018
tary Education and Training", the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480), development assistance programs, or trade promotion programs should'fuUy cooperate with the internationsQ refugee assistance organizations, the United States, and.other governments in facilitating lasting solutions to refugee situations. Further, where resettlement to other countries is the appropriate solution, such resettlement should be expedited in cooperation with the country of asylum without respect to race, sex, religion, or national origin.
ETHIOPIAFORCED RESETTLEMENT, VILLAGIZATION
SEC. 540. None of the funds appropriated in this Act shall be made available for any costs associated with the Grovemment of Ethiopia's forced resettlement or villagization programs.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 541. None of the funds appropriated in this Act shall be obligated or expended for Sudan, Liberia, Lebanon, Zaire, Chile, Yemen, Haiti, Guatemala, or Somalia except as provided through the regular notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Reports.
SEC. 542. For the purpose of this Act, "program, project, and activity" shall be defined at the Appropriations Act account level and shall include all Appropriations and Authorizations Acts earmarks, ceilings, and limitations with the exception that for the following accounts: Economic Support Fund and Foreign Military Financing Program, "program, project, and activity" shall also be considered to include country, regional, and central program level funding within each such account; for the development assistance accounts of the Agency for International Development "program, project, and activity" shsdl also be considered to include central program level funding, either as (1) justified to the Congress, or (2) allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within thirty days of enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961, as amended.
CHILD SURVIVAL AND AIDS ACTIVITIES
SEC. 543. Of the funds made available by this Act for assistance for health, child survival, and AIDS, up to $8,000,000 may be used to reimburse United States Government agencies, Eigencies of State governments, institutions of higher learning, and private and voluntary organizations for the full cost of individuals (including for the personal services of such individuals) detailed or assigned to, or contracted by, as the case may be, the Agency for International Development for the purpose of carrying out child survival activities and activities relating to research on, and the treatment and control of, acquired immune deficiency sjmdrome in developing countries: Provided, That such individuals shall not be included within any personnel ceiling applicable to any United States Government agency during the period of detail or assignment.

CHILE
104 STAT. 2019
SEC. 544. (a) Funds appropriated by this Act under the heading "Economic Support Fund" may be used under the authority of section 534(b) (4) and (6) of the Foreign Assistance Act of 1961 to support the efforts of private groups and individuals seeking to develop a national consensus on the importance of an independent judiciary and the administration of justice generally in a democratic society. Assistance may be provided under this section without regard to the requirements of section 726(b) of the International Security and Development Cooperation Act of 1981. (b) Section 726(c) of the International Security and Development Cooperation Act of 1981 is amended by striking out "and technical 22 use 2370 manuals for aircraft of the F-5E/F or A/T-37 type which were sold "t to the Chilean Air Force by the United States before January 1, 1976" and inserting in lieu thereof "components, parts, tools, technical manuals, time compliance to technical orders (TCTOs), or TCTO retrofits for aircraft of the F-5E/F, A/T-37, or C-130E/H t3T)e owned by the Chilean Air Force".
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES
SEC. 545. None of the funds appropriated or otherwise made President. available pursuant to this Act shall be obligated to finance indirectly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, the Socialist Republic of Vietnam, Iran, or Syria unless the President of the United States certifies that the withholding of these funds is contrary to the national interest of the United States.
RECIPROCAL LEASING
SEC. 546. Section 61(a) of the Arms Export Control Act is amended 22 USC 2796. by striking out "1990" and inserting in lieu thereof "1991".
DEFENSE EQUIPMENT DRAWDOWN
SEC. 547. (a) Defense articles, services and training drawn down under the authority of section 506(a) of the Foreign Assistance Act of 1961, shall not be furnished to a recipient unless such articles are delivered to, and such services and training initiated for, the recipient country or international organization not more than one hundred and twenty days from the date on which Congress received notification of the intention to exercise the authority of that section: Provided, That if defense articles have not been delivered or services and training initiated by the period specified in this section, a new notification pursuant to section 506(b) of such Act shall be provided, which shall include an explanation for the delay in furnishing such articles, services, and training, before such articles, services, or training may be furnished. (b) Drawdowns made pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961 shall be subject to the regular notification procedures of the Committees on Appropriations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 548. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on
104 STAT. 2020
Appropriations to the same extent and under the same conditions as are other committees pursuant to subsection (c) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees: Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 549. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956.
NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS 22 u s e 2395a note.
Reports.
SEC. 550. The Secretary of State shall transmit to the Appropriations Committees of the Congress and to such other Committees as appropriate, a copy of the text of any agreement with any foreign government which would result in any debt relief no less than thirty days prior to its entry into force, other than one entered into pursuant to this Act, together with a detailed justification of the interest of the United States in the proposed debt relief: Provided, That the term "debt relief shall include any and all debt prepayment, debt rescheduling, and debt restructuring proposals and agreements: Provided further. That the Secretary of State and the Secretary of the Treasury should in every feasible instance notify the Appropriations Committees of the Congress and such other Committees as appropriate not less than 15 days prior to any formal multilateral or bilateral negotiation for official debt restructuring, rescheduling, or relief: Provided further. That the Secretory of Stote or the Secretory of the Treasury, as appropriate, shall report not later than the first of February, 1991 and annually thereafter a consolidated stotement of the budgetery implications of all debtrelated agreements entered into force during the preceding fiscal year.
MIDDLE EAST REGIONAL COOPERATION AND ISRAELI-ARAB SCHOLARSHIPS
103 Stat. 1238.
SEC. 551. (a) Middle East regional cooperative programs which have been carried out in accordance with section 202(c) of the International Security and Development Cooperation Act of 1985 shall continue to be funded at a level of not less than $7,000,000 from funds appropriated under the heading "Economic Support Fund". Ot)) Section 5560t)) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, is amended by striking out "September 30, 1990" and inserting in lieu thereof "July 31,1991".
MEMBERSHIP DESIGNATION IN ASIAN DEVELOPMENT BANK
Taiwan.
SEC. 552. It is the sense of the Congress that the United Stetes Government should use its influence in the Asian Development Bank to secure reconsideration of that institution's decision to designate Taiwan (the Republic of China) as "Taipei, China". It is further the sense of the Congress that the Asian Development Bank
104 STAT. 2021
should resolve this dispute in a fashion that is acceptable to Taiwan (the Republic of China).
DEPLETED URANIUM
SEC. 553. None of the funds provided in this or any other Act may be made available to facilitate in any way the sale of M-833 intitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than (1) countries which are members of NATO, (2) countries which have been designated as a major non-NATO ally for purposes of section 1105 of the National Defense Authorization Act for Fiscsil Year 1987 or, (3) Pakistan: Provided, That funds may be made available to facilitate the sale of such shells notwithstanding the limitations of this section if the President determines that to do so is in the national security interest of the United States.
EARMARKS
SEC. 554. Funds appropriated by this Act which are earmarked President, may be reprogrammed for other programs within the same account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this or any other Act or, with respect to a country with which the United States has an agreement providing the United States with base rights or base access in that country, if the President determines that the recipient for which funds are earmarked has significEmtly reduced its military or economic cooperation with the United States since enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990; however, before exercising the authority of this section with regard to a base rights or base access country which has significantly reduced its military or economic cooperation with the United States, the President shall consult with, and shgdl provide a written policy justification to the Committees on Appropriations: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further. That assistance that is reprogrammed pursuant to this section shall be made available under the same terms and conditions as originally provided.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY INTERNATIONAL FINANCIAL INSTITUTIONS SEC. 555. (a) INSTRUCTIONS FOR UNITED STATES EXECUTIVE DIRECLoan programs.
TORS.The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to vote against any loan or other use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination under section 6(j) of the Export Administration Act of 1979. Qoi) DEFINITION.For purposes of this section, the term "international financial institution" includes (1) the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund; and (2) wherever applicable, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the African Development Fund.
104 STAT. 2022

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
President. Federal Register, publication.
SEC. 556. (a) Notwithstanding any other provision of law, funds appropriated for bilateral assistance under any heading of this Act and funds appropriated under any such headiing in a provision of law enacted prior to fiscal year 1990, shall not be made available to any country which the President determines (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or (2) otherwise supports international terrorism. (Jo) The President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least fifteen days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.
COMMISSION ON FOREIGN ASSISTANCE MANAGEMENT
SEC. 557. (a) ESTABLISHMENT.There is established the Commission on Management of the Agency for International Development Programs (hereafter in this section referred to as the "Commission"). (b) MEMBERSHIP.The Commission shall consist of 5 members appointed by the President after consultation with the Chairmen of the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Chairmen of the Committee on Appropriations and the Committee on Foreign Relations of the Senate. Individual members of the Commission shall be from the private sector. The President shall designate the Chairman of the Commission from among its members. (c) DUTIES.The Commission shall conduct a thorough study and recommend appropriate administrative action and legislation necessary in connection with the following: (1) the adequacy of systems of progrsim management, including evaluation and coordination, taking into consideration, among other things (A) the need to identify central foci within the Agency to coordinate its program and management responsibilities and to evaluate the Agency's program and management performance; (B) the need to develop specific indicators of effective performance for both program and management functions; (2) the adequacy of personnel management systems, taking into consideration, among other things (A) the need to systematically ensure the integration of program, operating expense, and personnel levels; (B) the need to adjust personnel and operating expense levels among organizational units in order to meet changing program requirements; (C) the capacity to meet changing requirements for program and management skills in headquarters offices and field missions;
104 STAT. 2023
(D) the significance of operating and program funding distinctions as they affect the ability of the Agency to adjust its personnel to program requirements; (3) the adequacy of systems of personal accountability for program management, taking into consideration, among other things (A) the need to establish and identify clear lines of decisionmaking responsibility among headquarters offices and between headquarters and field missions; (B) the need to ensure that an individual's performance in the implementation and management of the Agency's program portfolio is appropriately reflected in its promotion and assignment processes. (d) REPORT.The Commission shall submit a comprehensive report to the President and to the Congress, not later than six months from the date after which all members of the Commission have been appointed, containing the findings and recommendations of the Commission with respect to its study. The Commission should work with the General Accounting Office and consult with General Accounting Office reports and studies on management issues concerning the Agency for International Development in the conduct of its study. The Commission shall cease to exist on the thirtieth day after the date on which it files the comprehensive report under this subsection.
(e) COMPENSATION AND PER DIEM.(1) COMPENSATION.Members
of the Commission shall receive no pay on account of their service on the Commission. (2) PER DIEM.While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5 of the United States Code.
(f) AUTHORITIES.(1) I N GENERAL.The Commission or any
member it authorizes may, for the purposes of carrying out this section, hold such hearings, sit and act at such times and places, request such attendance, take such testimony, and receive such evidence, as the Commission considers appropriate. (2) APPOINTMENTS.Subject to such rules as may be adopted by the Commission, the Chairman of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classifications and General Schedule pay rates, may appoint and fix the compensation of a Director and such other staff as the Chairman considers necessary. (3) TEMPORARY SERVICES.The Chairman of the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay then in effect for grade GS-18 of the General Schedule (5 U.S.C. 5332(a)).
(4) ADMINISTRATIVE SUPPORT.Upon the request of the Chairman
of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in cariying out its duties under this section. The Administrator of the Agency for
104 STAT. 2024
International Development shall provide to the Commission on a reimbursable basis such administrative support services as the Chairman of the Commission may request and the Administrator of the Agency for International Development may deem appropriate. (5) INFORMATION FROM FEDERAL AGENCIES.TTie Commission may secure directly from any department or agency of the United States appropriate information necessary to enable it to carry out this section. Upon the request of the Chairman of the Commission, the head of such department or agency shall furnish such appropriate information to the Commission. (g) FUNDING.In addition to funds otherwise available for such purposes, up to $500,000 of the unearmarked funds appropriated by this Act under the heading "Operating Expenses of the Agency for International Development" may be made available for purposes of this section.
SOUTH AFRICASCHOLARSHIPS
SEC. 558. Of the funds made available by this Act under the heading "Economic Support Fund", $10,000,000 may be made available for scholarships for disadvantaged South Africans.
NARCOTICS CONTROL PROGRAM
S E C 559. (aXD Of the funds appropriated by this Act under the heading "Economic Support Fund", $59,900,000 may be made available for Bolivia, Ecuador, Jamaica, md Peru. (2) In addition to funds made available under paragraph (1), of the funds appropriated by this Act under the heading "Economic Support Fund", $195,000,000 may be made available for Peru, Bolivia, Colombia, and Ecuador: Provided, That funds under this paragraph may be made available to a country only if such country is making significant progress, as appropriate, in (A) satisfying the goals agreed to in the applicable bilateral narcotics agreement between such country and the United States, or a comparable multilateral agreement, (B) preventing narcotic drugs and other controlled substances from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents or from being transported, directly or indirectly, into the United States, (C) preventing and punishing the laundering in that country of drug-related profits or drug-related moneys, and (D) preventing and punishing public corruption which facilitates the illicit production, processing, or shipment of narcotic drugs and other controlled substances, or which discourages the investigation and prosecution of such acts. (3) For the purpose of reducing dependence upon the production of crops from which narcotic and psychotropic drugs are derived, funds appropriated by this Act to carry out the provisions of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act may be made available for Bolivia, Peru, Colombia, Ecuador, and Jamaica to promote the production, processing, and the marketing of products which can be economically produced in those countries, notwithstanding section 521 of this Act. (4) Of the funds appropriated by this Act under the heading "Foreign Military Financing Program", not more than $118,000,000 may be made avdlable for Bolivia, Peru, and Colombia: Provided, That no funds may be made available under this paragraph to the
104 STAT. 2025
government of any country which engages in a consistent pattern of gross violations of internationally recognized human rights. (5XA) Of the funds appropriated by this Act to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, up to $2,000,000, except through the regular notification procedures of the Committees on Appropriations, may be made available for Bolivia, Peru, Colombia, and Ecuador, notwithstanding section 660 of such Act, for (i) education and training in the operation and maintenance of equipment used in narcotics control interdiction and eradication efforts; and (ii) the expenses of deploying, upon the request of the government of such foreign country. Department of Defense mobile training teams in that foreign country to conduct training in military-related individual and collective skills that will enhance that country's ability to conduct tactical operations in narcotics interdiction. (B) Education and training under this paragraph may be provided only for foreign law enforcement agencies, or other units, that are organized for the specific purpose of narcotics enforcement. (6) Funds made available by this Act to carry out the provisions of the Arms Export Control Act and section 534 of the Foreign Assistance Act of 1961 may be provided for training and equipment for law enforcement agencies or other units in Colombia, Bolivia, and Peru that are organized for the specific purpose of narcotics enforcement: Provided, That assistance under this paragraph may be provided notwithstanding section 660 of the Foreign Assistance Act of 1961 and the second sentence of section 534(e) of that Act: Provided further. That assistance provided pursuant to this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations. (7) Funds made available under this subsection shall be available for obligation consistent with requirements to apply the provisions of section 481(h) of the Foreign Assistance Act of 1961 (relating to International Narcotics Control). (b) None of the funds appropriated or otherwise made available under this Act may be available for any country during any threemonth period beginning on or after October 1, 1990, immediately following a certification by the President to the Congress that the government of such country is failing to take adequate measures (including satisfying the goals agreed to in applicable bilateral narcotics agreements as defined in section 481(hX2XB) of the Foreign Assistance Act of 1961) to prevent narcotic drugs or other controlled substances (as listed in the schedules in section 202 of the (Domprehensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812)) which are cultivated, produced, or processed illicitly, in whole or in part, in such country, or transported through such country from being sold illegally within the jurisdiction of such country to United States Grovemment personnel or their dependents or from entering the United States unlawfully. (c) In making determinations with respect to Bolivia, Colombia, Ecuador, and Peru pursuant to section 481(hX2XAXi) of the Foreign Assistance Act of 1961, the President shall take into account the extent to which the Government of each country is sufficiently responsive to United States Government concerns on coca control and whether the provision of assistance for that country is in the national interest of the United States.
Bolivia. Colombia. Ecuador. Peru. President. Coca.
39-194 O - 91 - 22 : QL 3 Part 3
104 STAT. 2026
(d) Of the funds appropriated under title II of this Act for the Agency for International Development, up to $10,000,000 should be made available for narcotics education and awareness programs (including public diplomacy programs) of the Agency for International Development, and $40,000,000 of the funds appropriated under title II of this Act should be made available for narcotics related economic assistance activities.
TURKISH AND GREEK MILITARY FORCES ON CYPRUS
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President. Reports.
SEC. 560. Any agreement for the sale or provision of any article on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) entered into by the United States after the enactment of this section shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus. The President shall report to Congress any substantial evidence that equipment provided under any such agreement has been used in a manner inconsistent with the purposes of this section.
COMMERCIAL LEASING OF DEFENSE ARTICLES
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SEC. 561. Notwithstanding any other provision of law, and subject to the regular notification requirements of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel and Egypt and NATO and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by govemment-to-govemment sale under such Act.
GENERAL AUTHORIZATIONS SEC. 562. GENERAL AUTHORIZATIONS. SUB-SAHARAN AFRICA
(a) AUTHORIZATION.Part I of the Foreign Assistance Act of 1961 is amended by adding after chapter 9 the following new chapter:
"CHAPTER 10DEVELOPMENT FUND FOR AFRICA
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"SEC. 496. LONG-TERM DEVELOPMENT ASSISTANCE FOR SUB-SAHARAN AFRICA.(a) FINDINGS.The Congress finds that "(1) drought and famine have caused countless deaths and untold suffering among the people of sub-Saharan Africa; "(2) drought and famine in combination with other factors such as desertification, government neglect of the agricultural sector, and inappropriate economic policies have severely affected long-term development in suhSaharan Africa; and "(3) the most cost-effective and efficient way of overcoming Africa's vulnerability to drought and famine is to address Africa's long-term development needs through a process that builds
104 STAT. 2027
upon the needs and capabilities of the African people, promotes sustained and equitable economic growth, preserves the environment, and protects the rights of the individual.
"(b) AUTHORITY TO FURNISH ASSISTANCE.The President is au-
thorized to furnish project and program assistance, on such terms uid conditions as he may determine in accordance with the policies contained in this section, for long-term development in sub-Saharan Africa.
"(c) PURPOSE OF ASSISTANCE.
"(1) PURPOSE.The purpose of assistance under this section shall be to help the poor majority of men and women in subSaharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant.
"(2) U S E OF ASSISTANCE TO ENCOURAGE PRIVATE SECTOR DEVEL-
OPMENT.Assistance under this section should, in a manner consistent with paragraph (1), be used to promote sustained economic growth, encourage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more appropriate for the private sector.
"(d) APPUCATION OF DEVELOPMENT ASSISTANCE GENERAL AUTHORITIES AND POLICIES.Except to the extent inconsistent with this
section "(1) any reference in any law to chapter 1 of this part (including references to sections 103 through 106) shall be deemed to include a reference to this section; and "(2) assistance under this section shall be provided consistent with the policies contained in section 102.
"(e) PRIVATE AND VOLUNTARY ORGANIZATIONS. "(1) CONSULTATION TO ENSURE LOCAL PERSPECTIVES.The
Agency for International Development shall take into account the local-level perspectives of the rural and urban poor in subSaharan Africa, including women, during the planning process for project and program assistance under this section. In order to gain that perspective the Agency for International Development should consult closely with African, United States, and other private and voluntary organizations that have demonstrated effectiveness in or commitment to the promotion of local, grassroots activities on behalf of long-term development in sub-Saharan Africa as described in subsection (c).
"(2) DEFINITION OF PRIVATE AND VOLUNTARY ORGANIZATIONS.
For purposes of this section, the term "private and voluntary organization" includes (in addition to entities traditionally considered to be private and voluntery organizations) cooperatives, credit unions, trade unions, women's groups, nonprofit development research institutions, and indigenous local organizations, which are private and nonprofit.
"(f) LOCAL INVOLVEMENT IN PROJECT IMPLEMENTATION.Local
people, including women, shall be closely consulted and involved in the implementetion of every project under this section which as a local focus. "(g) PARTICIPATION OF AFRICAN WOMEN.The Agency for International Development shall ensure that development activities assisted under this section incorporate a significant expansion of the participation (including decisionmaking) and integration of African women in each of the critical sectors described in subsection (i).
104 STAT. 2028

"(h) TYPES OF ASSISTANCE. "(1) PROJECTS AND PROGRAMS TO ADDRESS CRITICAL SECTORAL
PRIORITIES.Assistance under this section shall emphasize primarily projects and programs to address critical sectoral priorities for long-term development described in subsection (i).
"(2) REFORM OF ECONOMIC POUCIES. "(A) USE OF PROGRAM ASSISTANCE.Assistance under this
section may also include program assistance to promote reform of sectoral economic policies affecting long-term development in sub-Saharan Africa as described in subsection (c), with primary emphasis on reform of economic policies to support the critical sectoral priorities described in subsection (i).
"(B) PROTECTION OF VULNERABLE GROUPS.Assisted policy
reforms shall also include provisions to protect vulnerable groups (especially poor, isolated, and female farmers, the urban poor, and children including displaced children) and long-term environmental interests from possible negative consequences of the reforms. "(3) OTHER ASSISTANCE.Funds made available to carry out this section shall be used almost exclusively for assistance in accordance with paragraphs (1) md (2). Assistance consistent with the purpose of subsection (c) may also be furnished under this section to carry out the provisions of sections 103 through 106 of this Act. "(i) CRITICAL SECTORAL PRIORITIES.The critical sectoral priorities for long-term development, as described in subsection (c), are the following:
"(1) AGRICULTURAL PRODUCTION AND NATURAL RESOURCES.
"(A) AGRICULTURAL PRODUCTION.Increasing agricultural
production in ways which protect and restore the natural resource base, especially food production, through agriculturgd policy changes, agricultural research (including participatory research directly involving small farmers) and extension, development and promotion of agriculture marketing activities, credit facilities, and appropriate production packages, ind the construction and improvement of needed production-related infrastructure such as farm-to-market roads, small-scale irrigation, and rural electrification. Within this process, emphasis shall be given to promoting increased equity in rural income distribution, recognizing the role of small farmers. "(B) NATURAL RESOURCE BASE.Maintaining and restoring the renewable natural resource base primarily in ways which increase agricultural production, through the following: "(i) Small-scale, affordable, resource-conserving, lowrisk local projects, using appropriate technologies (including traditional agricultural methods) suited to local environmental, resource, and climatic conditions, and featuring close consultation with and involvement of local people at all stages of project design and implementation. Emphasis shall be given to grants for African local government organizations, international or African nongovernmental organizations, and United States private and voluntary organizations.
104 STAT. 2029
"(ii) Support for efforts at national and regional levels to provide technical ind other support for projects of the kinds described in clause (i) and to strengthen the capacities of African countries to provide effective extension and other services in support of environmentally sustainable increases in food production. "(iii) Support for special training and education efforts to improve the capacity of countries in sub-Saharan Africa to manage their own environments and natural resources. "(iv) Support for low-cost desalination activities in order to increase the availability of fresh water sources in sub-Saharan Africa. "(2) HEALTH.Improving health conditions, with specisil emphasis on meeting the hesilth needs of mothers and children (including displaced children) through the establishment of primary health care systems that give priority to preventive health and that will be ultimately self-sustaining.
"(3) VOLUNTARY FAMILY PLANNING SERVICES.Providing in-
creased access to voluntary family planning services, including encouragement of private, community, and local government initiatives. "(4) EDUCATION.Improving the relevance, equity, and efficiency of education, with special emphasis on improving primary education.
"(5) INCOME-GENERATING OPPORTUNITIES.Developing income-
generating opportunities for the unemployed and underemployed in urban and rural areas through, among other things, support for off-farm employment opportunities in microand small-scEile labor-intensive enterprises,
"(j) MINIMUM LEVELS OF ASSISTANCE FOR CERTAIN CRITICAL SEC-
TORS.The Agency for International Development should target the equivalent of 10 percent of the amount authorized to be appropriated for each fiscal year to carry out this chapter for each of the following: "(1) The activities described in subsection (iXlXB), including identifiable components of agricultural production projects. "(2) The activities described in subsection (iX2). "(3) The activities described in subsection (iX3). "(k) EFFECTIVE USE OF ASSISTANCE.Assistance provided under this section shall be concentrated in countries which will make the most effective use of such assistance in order to fulfill the purpose specified in subsection (c), especially those countries (including those of the Sahel region) having the greatest need for outside assistance. "(1) PROMOTION OF REGIONAL INTEGRATION.Assistance under this section shall, to the extent consistent with this section, include assistance to promote the regional and subregional integration of African production structures, markets, and infrastructure. "(m) DONOR COORDINATION MECHANISM.Funds made available to carry out this section may be used to assist the governments of countries in sub-Saharan Africa to increase their capacity to participate effectively in donor coordination mechanisms at tne country, regional, and sector levels.
"(n) RELATION TO OTHER AUTHORITIES. "(1) ASSISTANCE UNDER OTHER AUTHORITIES.The authority
granted by this section to provide issistance for long-term
104 STAT. 2030
PUBLIC LAW 101-513NOV. 5, 1990 development in sub-Saharan Africa is not intended to preclude the use of other authorities for that purpose. Centrally funded programs which benefit sub-Saharan Africa shall continue to be funded under chapter 1 of part I of this Act.
"(2) TRANSFER AUTHORITIES.
"(A) The transfer authority contained in section 109 of this Act shall not apply with respect to this section. "(B) The transfer authority contained in section 610(a) of this Act may not be used to transfer funds made available to carry out this section in order to allow them to be used in carrying out any other provision of this Act. "(3) REPROGRAMMING NOTIFICATIONS.Section 634A of this Act does not apply with respect to funds made available to carry out this section. "(4) PROCUREMENT OF GOODS AND SERVICES.In order to eillow the assistance authorized by this section to be furnished as effectively and expeditiously as possible, section 604(a) of this Act, and similar provisions relating to the procurement of goods and services, shall not apply with respect to goods and services procured for use in carrjdng out this section. The exemption provided by this paragraph shall not be construed to apply to the Comprehensive Anti/Apartheid Act of 1986.
"(o) SUPPORT FOR S A D C C PROJECTS. "(1) AUTHORITY TO PROVIDE ASSISTANCE.To
the extent funds are provided for such purpose in the annual Foreign Operations, Export Financing, and Related Programs Appropriations Act, funds made available to carry out this chapter may be used to assist sector projects, in the sectors specified in paragraph (2), that are supported by the Southern Africa Development Coordination Conference (SADCC) to enhance the economic development of the member states forming that regional institution. "(2) SECTORS.The sectors with respect to which assistance may be provided under this subsection are the following: transportation; manpower development; agriculture and natural resources; energy (including the improved utilization of electrical power sources which already exist in the member states and offer the potential to swiftly reduce the dependence of those states on South Africa for electricity); and industrial development and trade (including private sector initiatives).
"(3) RELATION TO DFA POUCIES AND AUTHORITIES.To the
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maximum extent feasible, the assistance authorized by this subsection shall be provided consistent with the policies and authorities contained in the preceding subsection of this section. "SEC. 497. AUTHORIZATIONS OF APPROPRIATIONS FOR THE DEVELOPMENT FUND FOR AFRICA.Funds appropriated to carry out this chapter are authorized to be made available until expended. It is the sense of the Congress that the authority of this subsection should be used to extend the period of availability of those funds whenever appropriate to improve the quality of assistance provided under section 496,". (b) EVALUATIONS.It is the sense of the Congress that there should be periodic evaluations of the progress of the Agency for International Development in achieving the purpose specified in section 496(c) of the Foreign Assistance Act of 1961. (c) REPORTS TO CONGRESS.As part of the annual Congressional Presentation materials for economic assistance, the Administrator of the Agency for International Development shall include a descrip-
104 STAT. 2031
tion of the progress made during the previous fiscal year in carrying out chapter 10 of part I of the Foreign Assistance Act of 1961 in three countries in sub-Saharan Africa which represent differing economic situations and levels of progress. The description shall include (1) the nature uid extent of consultation to ensure local perspectives, is described in subsections (eXD and (f) of section 496; (2) the degree of involvement of local people in the implementation of projects having a local focus; (3) the extent to which there has been expansion of the participation and integration of African women in each of the critical sectors specified in section 496(i); (4) program assistance provided, including the amounts obligated, the criteria used for assisting reforms, and the provisions made pursuant to section 496(hX2XB) to protect vulnerable groups from possible negative consequences of the reforms; and (5) a description of the assistance for the critical sector priorities specified in section 496(i), by sector, including the amounts obligated. (d) CONFORMING AMENDMENTS.The Foreign Assistance Act of 1961 is amended (1) in section 105(b) (A) by striking out "OiXD" and inserting in lieu thereof "(b)"; and (B) by striking out paragraph (2); (2) in section 113(bXl), by inserting "and chapter 10 of this part" after "this chapter"; (3) in section 116(eXl) (A) by inserting ", chapter 10 of this part," after "available under this chapter"; and (B) by inserting before the period at the end of the first sentence "or under chapter 10 of this part, except that funds made available under chapter 10 of this part may only be used under this subsection with respect to countries in sub-Saharan Africa"; (4) in subsection (cXl) of section 117 (relating to environment and natural resources), by inserting "and chapter 10 of this part" after "this chapter"; (5) by repealing section 121; (6) in section 123 (A) in subsection (b), bv inserting "and chapter 10 of this part" after "this chapter ; and (B) in subsection (g), by striking out "121, or 491" and inserting in lieu thereof "491, or 496"; (7) in section 126(bXl), by inserting ", and chapter 10 of this part," after "this chapter"; and (8) in section 531(a), by inserting "or, in the case of countries in sub-Saharan Africa, chapter 10 of part I" after "chapter 1 of parti".
EXPORT-IMPORT BANK
22 u s e 2151c.
22 u s e 2151k. 22 u s e 2151n.
22 u s e 2151p. 22 u s e 2151s. 22 u s e 2151U.
22 u s e 2151x. 22 u s e 2346.
The authorities made available under title IV of this Act for the Export-Import Bank may be used by the Bank, notwithstanding section 2(bX2) of the Export-Import Bank Act of 1945, in connection with the purchase or lease of any product by any East European country, or any agency or national thereof: Provided, That section
104 STAT. 2032
2(bX6XBXvi) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(it)X6XBXvi)) is amended by striking out "1990" and inserting in lieu thereof "1992".
POLAND ASSISTANCE
Section 2223(a) of the American Aid to Poland Act of 1988 (7 U.S.C. 1431 note) is amended by inserting "governmental and" after "used by": Provided, That section 416(bX7XDXii) of the Agricultural Act of 1949 (7 U.S.C. 1431(bX7XDXii)) is amended in the penultimate sentence (1) by striking out "such" and inserting in lieu thereof "governmental and nongovernmental"; and (2) by inserting "governmental or" after "activities of.
FIRST CLASS AIR TRAVEL RESTRICTIONS
Reports.
The Secretary of the Tresisury shall instruct the United States Executive Directors of the multilateral development banks and of the International Monetary Fund (1) to seek the adoption, within 12 months after the date of the enactment of this section, of administrative procedures prohibiting personnel of their respective banks and the affiliates of such banks, and of the Fund, from using first class air travel for business of such banks or of the Fund. (2) if such procedures are not so adopted, report to the Secretary and Congress on the estimated additional costs (if any) incurred by their respective bEuiks or the Fund by reason of the use of first class air travel by personnel of such banks or of the Fund in lieu of coach or business class air travel, who shall make such report available to the Congress on request.
INTERNATIONAL BANKING PROVISIONS (a) PROVISIONS RELATING TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT. (1) AUTHORITY OF THE UNITED STATES TO PARTICIPATE IN THE NINTH REPLENISHMENT OF THE INTERNATIONAL DEVELOPMENT
ASSOCIATION.The International Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end the following:
"SEC. 21. NINTH REPLENISHMENT.
"(a) IN GENERAL.The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association $3,180,000,000 to the ninth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.
"(b) LIMITATIONS ON AUTHORIZATION OF APPROPRDVTIONS.In
order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,180,000,000 for payment by the Secretary of the Treasury.". (2) PoucY PROVISIONS.The International Financial Institutions Act (22 U.S.C. 262c et seq.) is amended by redesignating section 1617 as section 1619 and by inserting after section 1616 the following:
104 STAT. 2033
"SEC. 1617. IMPROVEMENT OF INTERACTION BETWEEN INTERNATIONAL 22 USC 262p-4/. BANK FOR RECONSTRUCTION AND DEVELOPMENT AND NONGOVERNMENTAL ORGANIZATIONS.
"(a) I N GENERAL.The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to propose, and urge the Executive Board and the management of the bank to develop and implement specific mechanisms designed to "(1) substantially improve the ability of the staff of the bank to interact with nongovernmental organizations and other local groups that are affected by loans made by the bank to borrower countries; and "(2) delegate to the field offices of the bank in borrowing countries greater responsibility for decisions with respect to proposals for projects in such countries that are to be financed by the bank. "Gt)) CERTAIN MECHANISMS URGED.The mechanisms described in subsection (a) shall include, at a minimum, the following measures: "(1) An instruction to the management of the bank to undertake efforts to appropriately train and significantly increase the number of bank professional staff (based in Washington, District of Columbia, as of the date of the enactment of this section) assigned, on a rotating basis, to field offices of the bank in borrower countries. "(2) The assignment to at least 1 professional in each field office of the bank in a borrower country of responsibility for relations with local nongovernmental organizations, and for the preparation and submission to appropriate staff of the bank of a report on the impact of project loans to be made by the bank to the country, based on views solicited from local people who will be affected by such loans, which shall be included as part of the project appraisal report. "(3) The establishment of the Grassroots Collaboration Program described in section 1602(a). "(4) Before a project loan is made to a borrower country, the country is to be required to hold open hearings on the proposed project during project identification and project preparation. "(5) The establishment of assessment procedures which allow affected parties and nongovernmental organizations to review information describing a prospective project or policy loan design, in a timely manner, before the loan is submitted to the Executive Board for approval.
"SEC. 1618. POPULATION, HEALTH, AND NUTRITION PROGRAMS. 22 USC 262p-4m.
"The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to urge the bank to support an increase in the amount the bank lends annually to support population, health, and nutrition programs of the borrower countries.",
(b) INTERNATIONAL FINANCIAL INSTITUTIONS PROVISIONS.
(1) PoucY PROVISIONS.The International Financial Institutions Act (22 U.S.C. 262c et seq.), as amended by subsection (aX2) of this section, is amended by redesignating section 1619 as section 1620 and by inserting after section 1618 the following: 22 USC 262p-5.
104 STAT. 2034
"SEC. 1619. EQUAL EMPLOYMENT OPPORTUNITIES.
"The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks and of the International Monetary Fund to use the voices and votes of the Executive Directors to urge their respective banks and the Fund to adopt a policy which provides, and implement procedures which ensure, that such banks and the Fund, and the affiliates of such banks and of the Fund, shall not discriminate against any person on the basis of race, ethnicity, gender, color, or religious affiliation in any determination related to emplojmient.".
(2) MISCELLANEOUS TECHNICAL CORRECTIONS RELATING TO THE INTERNATIONAL DEVELOPMENT AND FINANCE ACT OF 1989.SEC-
tion 701(g) of the International Financial Institutions Act (22 U.S.C. 262d(g)) is amended (A) by striking "(2)"; and (B) by striking "specified in paragraph (1)" and inserting "of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on Foreign Relations of the Senate".
(3) COMPARABLE STATUS FOR THE UNITED STATES EXECUTIVE DIRECTOR OF THE AFRICAN DEVELOPMENT BANK.Section 1333(a)
of the African Development Bank Act (22 U.S.C. 290i-l(a)) is amended by striking "(Jovemor and an Alternate Governor" and inserting "Governor, an Alternate Governor, and a Director",
European Bank for Reconstruction and Development Act. 22 u s e 290/ note. 22 u s e 290/. 22 u s e 290/-1. President. (c) EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT.
(1) SHORT TITLE.This subsection may be cited as the "European Bank for Reconstruction and Development Act".
(2) ACCEPTANCE OF MEMBERSHIP.The President is hereby
authorized to accept membership for the United States in the European Bank for Reconstruction and Development (in this subsection referred to as the "Bank") provided for by the agreement establishing the Bank (in this subsection referred to as the "Agreement"), signed on May 29,1990.
(3) GrOVERNOR AND ALTERNATE GOVERNOR.
(A) APPOINTMENT.The President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank, an alternate for the Governor, and a Director of the Bank. (B) COMPENSATION.Any person who serves as a Grovemor of the Bank or as an alternate for the Governor may not receive any salary or other compensation from the United States by reason of such service.
(4) APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON
22 u s e 290/-2.
WOODS AGREEMENTS ACT.Section 4 of the Bretton Woods Agreements Act shall apply to the Bank in the same manner in which such section applies to the International Bank for Reconstruction and Development and the International Monetary Fund.
22 u s e 290/-3. (5) FEDERAL RESERVE BANKS AS DEPOSITORIES.Any Federal
Reserve Bank which is requested to do so by the Bank may act as its depository, or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall exercise general supervision over the carrying out of these functions.
22 u s e 290/-4. (6) SUBSCRIPTION OF STOCK. (A) SUBSCRIPTION AUTHORITY.
104 STAT. 2035
(i) I N GENERAL.The Secretary of the Treasury may subscribe on behalf of the United States to 100,000 shares of the capital stock of the Bank.
(ii) EFFECTIVENESS OF SUBSCRIPTION COMMITMENT.
Any commitment to make such subscription shall be effective only to such extent or in such amounts as are provided for in advance by appropriations Acts.
(B) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.
For pa3anent by the Secretary of the Treasury of the subscription of the United States for shares described in subparagraph (A), there are authorized to be appropriated $1,167,010,000 without fiscal year limitation.
(C) DISPOSITION OF NET INCOME DISTRIBUTIONS BY THE
BANK.Any pa5mient made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(7) JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR AGAINST 22 u s e 290/-5. THE BANK.
(A) JURISDICTION.The United States district courts shall have original and exclusive jurisdiction of any civil action brought in the United States by or against the Bank. (B) VENUE.For purposes of section 1391(b) of title 28, United States Code, the Bank shall be deemed to be a resident of the judicial district in which the principal office of the Bank in the United States, or its agent appointed for the purpose of accepting service or notice of service, is located. (8) EFFECTIVENESS OF AGREEMENT.The Agreement shall have 22 use 290/-6. full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in the Bank and the entry into force of the Agreement. (9) EXEMPTION FROM SECURITIES LAWS FOR CERTAIN SECURITIES 22 use 290/-7.
ISSUED BY THE BANK; REPORTS REQUIRED. (A) EXEMPTION FROM SECURITIES LAWS; REPORTS TO SECURI-
TIES AND EXCHANGE COMMISSION.Any Securities issued by the Bank (including any guaranty by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank's ordinary capital resources as defined in article 7 of the Agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 6, paragraph 4, of the Agreement is expressly applicable, shall l:^ deemed to be exempted securities within the meaning of section 3(aX2) of the Securities Act of 1933 and section 3(aX12) of the Securities Exchange Act of 1934. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors.
(B) AUTHORITY OF SECURITIES AND EXCHANGE COMMISSION TO SUSPEND EXEMPTION; REPORTS TO THE CONGRESS.The
Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, may suspend the provisions of subparagraph (A) at any time as to any or all securities issued or guaranteed
104 STAT. 2036
PUBLIC LAW 101-513NOV. 5, 1990 by the Bank during the period of such suspension. The Commission shall include in its annual reports to the Congress such information as it shall deem advisable with regard to the operations and effect of this paragraph.
(10) TECHNICAL AMENDMENTS. (A) ANNUAL REPORT REQUIRED ON PARTICIPATION OF THE
UNITED STATES IN THE BANK.Section 1701(cX2) of the International Financial Institutions Act (22 U.S.C. 262r(cX2)) is amended by inserting "European Bank for Reconstruction and Development," before "International Development Association,".
(B) EXEMPTION FROM UMITATIONS AND RESTRICTIONS ON POWER OF NATIONAL BANKING ASSOCIATIONS TO DEAL IN AND UNDERWRITE INVESTMENT SECURITIES OF THE BANK.The 7 t h
sentence of paragraph 7 of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended by inserting "the European Bank for Reconstruction and Development," before "the Inter-American Development Bank,".
(C) BENEFITS FOR UNITED STATES CITIZEN-REPRESENTATIVES
22 use 290Z-8.
Reports.
TO THE BANK.Section 51 of the Act entitled "An Act to authorize United States participation in increases in the resources of certain international financial institutions, to provide for an annual audit of the Exchange Stabilization Fund by the General Accounting Office, and for other purposes." (Public Law 91-599; 22 U.S.C. 276c-2) is amended by inserting "the European Bank for Reconstruction and Development," before "the Inter-American Development Bank,". (H) CONGRESSIONAL CONSULTATIONS.During negotiations on the establishment of operational guidelines for the Bank, the Secretary of the Treasury shall (A) consult on a regular and timely basis with the Committee on Banking, Finance and Urban Affairs and the Committee on Appropriations of the House of Representatives, and the (>)mmittee on Foreign Relations and the Committee on Appropriations of the Senate; (B) seek to ensure that procedures and mechanisms are established, including the creation of specific departments or staffs within the Bank, which will allow the Bank to assess the impact of any loans, guarantees, or other activities on the environment and on internationally recognized human rights in borrower countries; and (C) report, through consultation within 90 days after the date of the enactment of this Act, to the Committees specified in subparagraph (A) on the progress of efforts to create such procedures and mechanisms,
(d) EXPORT-IMPORT BANK PROVISIONS. (1) INCREASE IN AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR
THE TIED AID CREDIT FUND; EXTENSION OF AUTHORIZATION.Section 15(eXl) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(eXl)) is amended by striking "and for fiscal years 1990 and 1991, $300,000,000" and mserting "for fiscal year 1990, $300,000,000, and for each of fiscal years 1991 and 1992, $500,000,000".
104 STAT. 2037
(2) CONFORMING AMENDMENT.Section 15(cX2) of such Act (12 U.S.C. 635i-3(cX2)) is amended by striking "1991" and inserting "1992".
(e) INTERNATIONAL FINANCE CORPORATION PROVISIONS. (1) EXEMPTION FROM SECURITIES LAWS FOR CERTAIN SECURITIES ISSUED BY THE INTERNATIONAL FINANCE CORPORATION. (A) EXEMPTION PROM SECURITIES LAWS; REPORTS RE-
QUIRED.The International Finance Corporation Act (22 U.S.C. 282 et seq.) is amended by adding at the end the following: "SEC. 13. SECURITIES ISSUED BY THE CORPORATION.
"(a) EXEMPTION FROM SECURITIES LAWS; REPORTS TO SECURITIES AND EXCHANGE COMMISSION.Any securities issued by the Corpora-
22 USC 282k.
tion (including any guaranty by the Corporation, whether or not limited in scope) and any securities guaranteed by the Corporation as to both principal and interest shall be deemed to be exempted securities within the meaning of section 3(aX2) of the Securities Act of 1933 and section 3(aX12) of the Securities Excheuige Act of 1934. The Corporation shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Corporation and its operations and necessary in the public interest or for the protection of investors.
"(b) AUTHORITY OF SECURITIES AND EXCHANGE COMMISSION TO SUSPEND EXEMPTION: REPORTS TO THE CONGRESS.The Securities
and Exchange Commission, acting in consultation with the National Advisory (Douncil on International Monetary and Financial Problems, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Corporation during the period of such suspension. The Commission shall include in its annual reports to the Congress such information as it shall deem advisable with regard to the operations and effect of this section.".
(B) EXEMPTION FROM UMITATIONS AND RESTRICTIONS ON
POWER OP NATIONAL BANKING ASSOCIATIONS TO DEAL IN AND UNDERWRITE INVESTMENT SECURITIES OF THE INTERNATIONAL FINANCE CORPORATION.The 7th sentence of paragraph 7 of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended by striking "the African Development Bank or the Inter-American Investment Corporation,", and inserting "the African Development Bank, the Inter-American Investment Corporation, or the International Finance Corporation,".
ASSISTANCE FOR CAMBODIAN DEMOCRACY
SEC. 562A. (a) ASSISTANCE.(1) Not to exceed $20,000,000 of the funds appropriated by this Act under the headings "Economic Support Fund" and "development assistance" may be made available for humanitarian and development assistance for Cambodians, including the Cambodian non-Communist resistance, along the Thai-Cambodian border and throughout Cambodia, notwithstanding any other provision of law (other than sections 531(e) and 634A of the Foreign Assistance Act of 1961, section 523 of this Act, and the provisions of this section).
104 STAT. 2038
President. Reports.
(2) Funds made available by paragraph (1) shall be obligated or expended, to the maximum extent possible, consistent with the priorities set forth in the report required by subsection (d). Not later than 6 months after the date of enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report describing the expenditure of funds under paragraph (1).
(b) PROHIBITION ON DIRECT OR INDIRECT ASSISTANCE FOR THE KHMER ROUGE.(1) Funds made available under this section shall
President.
President. Reports.
President.
be subject to the prohibitions contained in section 906 of the International Security Development Cooperation Act of 1985 (Public Law 99-83). (2) The President shall terminate assistance under this section to any Cambodian organization that he determines is cooperating, tactically or strategically, with the Khmer Rouge in their military operations. (3) Not later than January 1, 1991, the President shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an unclassified report describing the extent of military cooperation since 1986 between the Khmer Rouge and any individual group or faction of the noncommunist resistance. (c) ADMINISTRATION OF ASSISTANCE.To the maximum extent possible, all funds made available under this section shall be administered directly by the United States Government. (d) REPORTING REQUIREMENT.(1) The Administrator of the Agency for International Development shall conduct within 180 days of enactment of this act an on-site assessment along the ThaiCambodian border and within Cambodia, including Phnom Penh, determining the priorities of the humanitarian and development needs of the Cambodian people, including noncombatant civilians in all sectors of Cambodia. (2) Not later than January 1, 1991, the President shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report setting forth the priorities determined by the assessment made under paragraph (1).
(e) RELATION TO ASSISTANCE FOR CAMBODIAN CHILDREN.(1) Any
Trade sanctions. Congress. President.
assistance provided under this section shall be in addition to the assistance provided for under the heading "humanitarian assistance for Cambodian children". (2) Notwithstanding any other provision of this Act, funds made available under the heading "Humanitarian Assistance for Cambodian children" shall also be available to civilian victims of war. (f) DEFINITIONS.For purposes of this section (1) the term "development assistance" means assistance furnished to carry out any of the provisions of chapter 1 of part I of the Foreign Assistance Act of 1961; and (2) the term "humanitarian assistance" means food, clothing, medicine, or other humanitarian assistance, and it does not include the provision of weapons, weapons systems, ammunition, or other equipment, vehicles, or material which can be used to inflict serious bodily harm or death. (g) After the conclusion of the upcoming Paris Conference on Cambodia, Congress and the President shall consult within 30 days with the goal of lifting the Trading with the Enemy Act restrictions on Cambodia.
104 STAT. 2039
(h) Any funds made available during fiscal year 1991 to carry out the purposes of this section, either appropriated by this Act or derived by transfer from any other source, in excess of $7,500,000 shall be subject to the regular reprogramming procedures of the Committees on Appropriations.
COMPETmVE INSURANCE
SEC. 563. All Agency for International Development contracts and solicitations, and subcontracts entered into under such contracts, shall include a clause requiring that United States marine insurance companies have a fair opportunity to bid for marine insurance when such insurance is necessary or appropriate.
IRELAND
SEC. 564. It is the sense of the Congress that of the funds appropriated or otherwise made available for the International Fund for Ireland, the Board of the International Fund for Ireland should give great weight in the allocation of such funds to projects which will create permanent, full-time jobs in the areas that have suffered most severely from the consequences of the instability of recent years. Areas that have suffered most severely from the consequences of the instability of recent years shall be defined as areas that have high rates of unemployment.
ASSISTANCE TO AFGHANISTAN
SEC. 565. Funds appropriated by this Act may not be made available, directly or for the United States proportionate share of programs funded under the heading "International Organizations and Programs", for assistance to be provided inside Afghanistan if that assistance would be provided through the Soviet-controlled government of Afghanistan. This section shall not be construed as limiting the United States contributions to international organizations for humanitarian assistance.
EL SALVADOR ECONOMIC SUPPORT FUNDS
SEC. 566. Not less than 25 per centum of the Economic Support Funds made available for El Salvador by this Act shall be used for projects and activities in accordance with the provisions applicable to assistance under chapter 1 of part I of the Foreign Assistance Act of 1961.
DISADVANTAGED ENTERPRISES
SEC. 567. (a) Except to the extent that the Administrator of the Africa. Agency for International Development of the Foreign Assistance Act of 1961 determines otherwise, not less than 10 percent of the aggregate amount made available for the current fiscal year for development assistance and assistance for famine recovery and development in Africa shall be made available only for activities of United States organizations and individuals that are (1) business concerns owned and controlled by socially and economically disadvantaged individuals, (2) historically black colleges and universities.
104 STAT. 2040
Africa.
Government contracts. Advertising.
Reports.
Regulations.
(3) colleges and universities having a student body in which more than 40 per centum of the students are Hispanic American, and (4) private voluntary organizations which are controlled by individuals who are socially and economically disadvantaged. Ot)Xl) In addition to other actions taken to carry out this section, the actions described in paragraphs (2) through (5) shall be taken with respect to development assistance and assistance for famine recovery and development in Africa for fiscal year 1990. (2) Notwithstanding any other provision of law, in order to achieve the goals of this section, the Administrator (A) to the maximum extent practicable, shall utilize the authority of section 8(a) of the Small Business Act (15 U.S.C. 637(a)); (B) to the maximum extent practicable, shall enter into contracts with small business concerns owned and controlled by socially and economically disadvantaged individuals, and organizations contained in paragraphs (2) through (4) of subsection (a) (i) using less than full and open competitive procedures under such terms and conditions as the Administrator deems appropriate, and (ii) using an administrative system for justifications and approvals that, in the Administrator's discretion, may best achieve the purpose of this section; and (C) shall issue regulations to require that any contract in excess of $500,000 contain a provision requiring that no less than 10 per centum of the dollar value of the contract be subcontracted to entities described in subsection (a), except (i) to the extent the Administrator determines otherwise on a case-by-case or category-of-contract basis; and (ii) this subparagraph does not apply to any prime contractor that is an entity described in subsection (a). (3) Each person with contracting authority who is attached to the agency's headquarters in Washington, as well as all agency missions and regional offices, shall notify the agency's Office of Small and Disadvantaged Business Utilization at least seven business days before advertising a contract in excess of $100,000, except to the extent that the Administrator determines otherwise on a case-bycase or category-of-contract basis. (4) The Administrator shall include, as part of the performance evaluation of any mission director of the agency, the mission director's efforts to carry out this section. (5) The Administrator shall submit to the CJongress annual reports on the implementation of this section. Each such report shall specify the number and dollar value or amount (as the case may be) of prime contracts, subcontracts, grants, and cooperative agreements awarded to entities described in subsection (a) during the preceding fiscal year. (6) 'The Administrator shall issue interim regulations to carry out this section within ninety days after the date of the enactment of this Act and final regulations within one hundred and eighty days after that date. (c) As used in this section, the term "socially and economically disadvantaged individuals" has the same meaning that term is given for purposes of section 8(d) of the Small Business Act, except that the term includes women.

STINGERS IN THE PERSIAN GULF REGION
104 STAT. 2041
SEC. 568. (a) Except as provided in section 581 of the-Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, the United States may not sell or otherwise make available any Stingers to any country bordering the Persian Gulf under the Arms Export C!ontrol Act or chapter 2 of part II of the Foreign Assistance Act of 1961. db) Section 566(d) of the Foreign Operations, Export Financing, ind Related Programs Appropriations Act, 1989, is hereby repealed. 102 Stat.
2268-42. PROHIBITION ON LEVERAGING AND DIVERSION OF UNITED STATES ASSISTANCE
SEC. 569. (a) None of the funds appropriated by this Act may be provided to any foreign government (including any instrumentality or agency thereof), foreign person, or United States person in exchange for that foreign government or person undertaking any action which is, if carried out by the United States Government, a United States officigd or employee, expressly prohibited by a provision of United States law. (b) For the purposes of this section the term "funds appropriated by this Act" includes only (1) assistance of any kind under the Foreign Assistance Act of 1961; and (2) credits, and guaranties under the Arms Export C!ontrpl Act. (c) Nothing in this section shall be construed to limit (1) the ability of the President, the Vice President, or any official or employee of the United States to make statements or otherwise express their views to any party on any subject; (2) the ability of an official or employee of the United States to express the policies of the President; or (3) the ability of an official or employee of the United States to communicate with any foreign country government, group or individual, either directly or through a third party, with respect to the prohibitions of this section including the reasons for such prohibitions, and the actions, terms, or conditions which might lead to the removal of the prohibitions of this section.
APPROPRIATIONS OF EXCESS CURRENCIES
SEC. 570. The provisions of section 1306 of title 31, United States 31 USC 1306 CJode, shgill not be waived to carry out the provisions of the Foreign "*Assistance Act of 1961 by any provision of law enacted after the date of enactment of this Act unless such provision makes specific reference to this section.
DEBT-FOR-DEVELOPMENT
SEC. 571. In order to enhance the continued participation of investments. nongovernmental organizations in economic assistance activities under the Foreign Assistance Act of 1961, including debt-for-development and debt-for-nature exchanges, a nongovernmental organization may invest local currencies which accrue to that organization as a result of economic assistance provided under the heading "Agency for International Development" and any interest earned on such investment may be used, including for the establishment of an endowment, for the purpose for which the assistance was provided to that organization.
104 STAT. 2042

LEBANON
SEC. 572. Of the fund appropriated by this Act to carry out chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 not less than $7,500,000 to be derived in equal amounts from funds appropriated to carry out chapter 1 of part I and chapter 4 of part II shall be made available for Lebanon and may be provided in accordance with the general authorities contained in section 491 of the Foreign Assistance Act of 1961.
LOCATION OF STOCKPILES 22 u s e 2321h.
SEC. 573. (a) Section 514(c) of the Foreign Assistance Act of 1961 is amended by inserting "or major non-NATO allies," after "Organization,". (b) Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h) is amended by striking out "$165,000,000 for fiscal year 1990" and inserting in lieu thereof $378,000,000 for fiscal year 1991, of which amount not less than $300,000,000 shall be for stockpiles in Israel".
ASSISTANCE FOR PAKISTAN
22 u s e 2375.
President. Reports.
SEC. 574. (a) Section 620E(d) of the Foreign Assistance Act of 1961 is amended by striking out "April 1, 1991" and inserting in lieu thereof"April 1,1992". (b) Notwithstanding any other provision of law, none of the funds appropriated by this Act under the Headings "Economic Support Fund", "Foreign Military Financing Program", and "International Military Education and Training", may be made available for Pakistan unless the President certifies, and so reports to the Congress, that (1) the state of emergency in Pakistan did not interfere in the fair conduct of National Assembly elections; (2) the Government of Pakistan held timely, free, fair, and internationally monitored National Assembly elections, open to the full participation of all legal parties and all legal candidates of those parties; (3) the proceedings of the Special Courts established on August 8 and August 21, 1990, did not interfere with the conduct of free and fair elections; and (4) the process of convening the National Assembly is progressing without interference. (c) None of the funds appropriated in this Act shall be obligated or expended for Pakistan except as provided through the regular notification procedures of the Committees on Appropriations.
S E P A R A T E ACCOUNTS
22 u s e 2359 note.
SEC. 575. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.(1) If
assistance is furnished to the government of a foreign country under chapter 1 of part I (including assistance for sub-Saharan Africa and the Philippines Multilateral Assistance Initiative) or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the Agency for International Development shall
104 STAT. 2043
(A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth (i) the amount of the local currencies to be generated, and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by gigreement with that government the responsibilities of the Agency for International Development and that government to monitor and account for deposits into and disbursements from the separate account. (2) USES OF LOCAL CURRENCIES.As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only (A) to carry out chapter 1 of part I or chapter 4 of part II (as the case may be), for such purposes as: (i) project and sector assistance activities, or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government.
(3) PROGRAMMING ACCOUNTABILITY.The Agency for Inter-
national Development shall take all appropriate steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (aX2XA) from the separate account established pursuant to subsection (aXD are used for the purposes agreed upon pursuant to subsection (aX2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.Upon termination of
assistance to a country under chapter 1 of part I or chapter 4 of part II (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government, (5) CONFORMING AMENDMENTS.The provisions of this subsection shall supersede the tenth and eleventh provisos contained under the heading "Sub-Saharan Africa, Development Assistance" as included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign Assistance Act of 1961. (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.(1) If assistance is made available to the government of a foreign country, under chapter 1 of part I (including assistance for sub-Saharan Africa and the Philippines Multilateral Assistance Initiative) or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds. (2) APPLICABILITY OF OTHER PROVISIONS OF LAW.Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of (Donference accompanying House Joint Resolution 648 (H. Report No. 98-1159). (3) NOTIFICATION.At least fifteen days prior to obligating any President. such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification proce-
104 STAT. 2044
dures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) EXEMPTION.Nonproject sector assistance funds may be exempt from the requirements of subsection (bXl) only through the notification procedures of the Committees on Appropriations.
EUGIBILITY FOR OVERSEAS PRIVATE INVESTMENT CORPORATION
22 use 2199. Poian<iHungary,
SEC. 576. (a) PROGRAMS.Section 239(f) of the Foreign Assistance Act of 1961 is amended bv inserting "or any other East European country," after "Hungary,'. (b) PARTICIPATION BY NONGOVERNMENTAL SECTOR.(1) In accordance with its mandate to foster private initiative and competition and enhance the ability of private enterprise to make its full contribution to the development process, the Overseas Private Investment Corporation shall support projects in Poland, Hungary, and other East European countries which will result in enhancement of the nongovernmental sector and reduction of state involvement in the economy. (2) For purposes of this subsection the term "nongovernmental sector" includes private enterprises, cooperatives (insofar as they are not administered by the government), joint ventures (including partners which are not governments of East European countries or instrumentalities thereof), businesses that are wholly or partly owned by United States citizens, religious and ethnic groups (including the Catholic Church), and other independent social organizations.
(c) DEFINITION OF EUGIBLE INVESTOR.Notwithstanding subsec-
tion (b), the term "eligible investor" with respect to OPIC's programs in Eastern Europe has the same meaning as contaiined in section 238(c) of the Foreign Assistance Act of 1961. (d) EXPIRATION DATE.The authority of the Overseas Private Investment Corporation to issue insurance, reinsurance, and guarantees, and to provide any assistance under its direct loan and equity programs with respect to projects undertaken in Eastern Europe s h ^ l remain in effect until September 30,1992.
A S S I S T A N C E FOR NICARAGUA
103 Stat. 1852.
SEC. 577. (a) None of the funds appropriated by this Act shall be provided for any member of the Nicaraguan resistance who has not disarmed and is not abiding by the terms of the cease-fire agreement and the addendums to the Toncontin Agreement signed on April 19, 1990. (b) Section 1 of the Act entitled "An Act to provide survival assistance to victims of civil strife in Central America", approved December 11, 1989 (Public Law 101-215), is amended by repealmg subsection (c).
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 578. (a) No funds appropriated by this Act may be made as payment to any international financial institution while the United
104 STAT. 2045
States Executive Director to such institution is compensated by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual occup5dng a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupjdng a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Ob) For purposes of this section, "international financial institutions" are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the International Monetary Fund, and the European Bank for Reconstruction and Development.
WITHHOLDING OF OBUGATIONS FOR THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
SEC. 579. (a) None of the funds made available by this Act for the European Bank for Reconstruction and Development may be obligated until the President reaches an agreement or agreements, as necessary, with the Polish Government or with other creditors, the authority to enter into which he is hereby granted notwithstanding any other provision of law, which accurately reflect the real collectability of the debts of the Polish Grovemment to the Grovemment of the United States and which adjusts the amount of debt and debt service payable by the Polish Government to the Government of the United States accordingly, subject to the following conditions: (1) an International Monetary Fund agreement is in effect with respect to Poland, and it is clear that it is the intent of the Polish Government to continue full implementation of that program, and (2) the recent historic change of the Polish Government into a democracy has been maintained, and (3) the Polish Government is seeking comparable treatment of both public and private external debt. (b) If the President determines that, in order to substantially increase the probability of other creditor governments and commercial bankers taking actions adjusting or restructuring their Polish debt to reflect its real coUectability, it is best for the United States to use the authority contained in subsection (a), then the President may exercise the authority of subsection (a) unilaterally. (c) Funds may be obligated notwithstanding subsection (a) subject to the regular notification procedures of the Committees on Appropriations.
FMF FOR FMS DEBT REPAYMENT
Poland. Credit. President. International agreements.
SEC. 580. Section 23 of the Arms Export Control Act is amended by 22 use 2763. inserting a new subsection (e), as follows: "(eXD Funds made available to carry out this section may be used by a foreign country to make payments of principal and interest which it owes to the United States Government on account of credits previously extended under this section or loans previously guaranteed under section 24, subject to paragraph (2).
104 STAT. 2046
"(2) Funds made available to carry out this section may not be used for prepajrment of principal or interest pursuant to the authority of paragraph (1).".
FUTURE ASSISTANCE PROJECTIONS 22 u s e 2680 note.
Effective date.
SEC. 581. The Congress finds that, as is the case with most domestic programs, overall constraints on the Federal budget will have a significant impact on the ability of the United States Government to meet program requirements in the coming years. Therefore, in order to assist the Congress to make the difficult policy choices attendant to budget shortfalls, the Congressional Presentation Documents of departments and agencies included within this Act shall contain funding projections for each of its major program components for each of the three years following the year for which new budget or other authority is being requested. The requirements of this section shall be effective for the Congressional Presentation Documents submitted for the fiscal year 1992.
HUMAN RIGHTS
Reports.
SEC. 582. Not later than thirty dajrs after submission of the report required by section 502B(b) of the Foreign Assistance Act of 1961, the Secretary of State shall submit to the Committees on Appropriations a listing of those countries the governments of wluch are found, based upon the criteria and findings in the report required by section 502B(b) of the Foreign Assistance Act of 1961, to engage in a consistent pattern of gross violations of internationally recognized human rights. This list shall be accompanied by a report from the Secretary of State describing how, for each country receiving assistance under the Foreign Military Financing Program, such assistance will be conducted to promote and advance human rights and how the United States will avoid identification with activities which are contrary to internationally recognized standards of human rights.
OTHER ASSISTANCE FOR EASTERN EUROPE
Poland. Foreign currencies.
SEC. 583. Notwithstanding any other provision of law, a total of $500,000 of the Polish currencies which are held by the United States as of the date of the enactment of this Act which are derived from programs administered by the Commodity Credit Corporation, or pursuant to the Agricultural Trade Development and Assistance Act of 1954, section 4160?) of the Agricultural Act of 1949, or the Food for Progress Act of 1985, shall be made available for the Reseu*ch Center on Jewish History and Culture of the Jagiellonian University of Krakow, Poland: Provided, That such currencies shall be made available notwithstanding 31 U.S.C. 1306 and section 570 of this Act: Provided further. That local currencies made available for the Jagiellonian University under this heading shall be made available only to the extent that they do not diminish planned funding for the American Children's Hospital, Krakow, Poland.
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
22 u s e 290/-8 note.
SEC. 584. In all negotiations concerning the structure, bylaws, and operating procedures of the European Bank for Reconstruction and
104 STAT. 2047
Development (EBRD), the Secretary of the Treasury shall vigorously seek (1) establishment of procedures for environmental assessment of all proposed operations with potentially significint environmental impacts; (2) establishment of an environmental unit with sufficient staff to review proposed operations, monitor compliance with environmental provisions, and provide overall policy guidance; (3) establishment of procedures for systematic consultation with and involvement of the public and interested nongovemmentil organizations, including an opportunity for comment by local communities which may be affected by EBRD operations and establishment of a system of public notification and comment during the development of EBRD policies and operating procedures; and (4) agreement that a significant portion of the EBRD's funds shall be devoted to projects focused on environmental restoration and protection.
PROPERTY MANAGEMENT FUND
SEC. 585. (a) The proceeds of overseas property acquired by the 22 USC 2369a. Agency for International Development under the authority of section 636(c) of the Foreign Assistance Act of 1961 may be deposited in a separate fund, which shall be known as the Property Management Fund. Such proceeds shall be available for use only for the purposes of section 636(c) of that Act, and shall remain available until expended. The Administrator of the Agency for International Devel- Reports. opment shall report all uses of funds deposited into the Property Management Fund as part of the annual Congressional Presentation materials submitted by the Agency for International Development. (b) The provisions of subsection (a) shall be applicable to property acquired prior to the date of enactment of this Act and at any time thereafter.
IRAQ SANCTIONS ACT OP 1990 SEC. 586. SHORT TITLE. Iraq Sanctions Act of 1990. 50 USC 1701 note.
Sections 586 through 586J of this Act may be cited as the 'Iraq Sanctions Act of 1990". The Congress (1) condemns Iraq's invasion of Kuwait on August 2, 1990; (2) supports the actions that have been taken by the President in response to that invasion; (3) calls for the immediate and unconditional withdrawal of Iraqi forces from Kuwait; (4) supports the efforts of the United Nations Security Council to end this violation of international law and threat to international peace; (5) supports the imposition and enforcement of multilateral sanctions against Iraq; (6) calls on United States allies and other countries to support fully the efforts of the United Nations Security Council, and to
SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT. 50 USC 1701 note.
104 STAT. 2048
PUBLIC LAW 101-513NOV. 5, 1990 take other appropriate actions, to bring about an end to Iraq's occupation of Kuwait; and (7) condemns the brutal occupation of Kuwait by Iraq and its gross violations of internationally recognized human rights in Kuwait, including widespread arrests, torture, siunmary executions, and mass extrajudicial killings.
50 u s e 1701 note. President.
SEC. 586B. CONSULTATIONS WITH CONGRESS.
The President shall keep the Congress fully informed, and shall consult with the Congress, with respect to current and anticipated events regarding the international crisis caused by Iraq's invasion of Kuwait, including with respect to United States actions.
SEC. 586C. TRADE EMBARGO AGAINST IRAQ. (a) CONTINUATION OF EMBARGO.Except as otherwise provided in
50 u s e 1701 note.
this section, the President shall continue to impose the trade embargo and other economic sanctions with respect to Iraq and Kuwait that the United States is imposing, in response to Iraq's invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and 12725 (August 9, 1990) and, to the extent they are still in effect. Executive Orders Numbered 12722 and 12723 (August 2, 1990). Notwithstanding any other provision of law, no funds, credits, guarantees, or insurance appropriated or otherwise made available by this or iny other Act for fiscal year 1991 or any fiscal year thereafter shall be used to support or administer any financial or commercial operation of any United States Government department, agency, or other entity, or of any person subject to the jurisdiction of the United States, for the benefit of the Government of Iraq, its agencies or instrumentalities, or any person working on behalf of the Grovemment of Iraq, contrary to the trade embargo and other economic sanctions imposed in accordance with this section. (b) HUMANITARIAN ASSISTANCE.To the extent that transactions involving foodstuffs or pa3mients for foodstuffs are exempted "in humanitarian circumstances" from the prohibitions established by the United States pursuant to United Nations Security Council Resolution 661 (1990), those exemptions shall be limited to foodstuffs that are to be provided consistent with United Nations Security Council Resolution 666 (1990) and other relevant Security Council resolutions.
(c) NOTICE TO CONGRESS OF EXCEPTIONS TO AND TERMINATION OF SANCTIONS. (1) NOTICE OF REGULATIONS.Any regulations issued after the
date of enactment of this Act with respect to the economic sanctions imposed with respect to Iraq and Kuwait by the United States under Executive Orders Numbered 12722 and 12723 (August 2, 1990) and Executive Orders Numbered 12724 and 12725 (August 9, 1990) shall be submitted to the Congress before those regulations take effect.
President. (2) NOTICE OF TERMINATION OF SANCTIONS.The President
shall notify the Congress at least 15 days before the termination, in whole or in part, of any sanction imposed with respect to Iraq or Kuwait pursuant to those Executive orders.
(d) RELATION TO OTHER LAWS. (1) SANCTIONS LEGISLATION.The sanctions that are described
in subsection (a) are in addition to, and not in lieu of the sanctions provided for in section 586G of this Act or any other provision of law.
104 STAT. 2049
(2) NATIONAL EMERGENCIES AND UNITED NATIONS LEGISLA-
TION.Nothing in this section supersedes any provision of the National Emergencies Act or any authority of the President under the International Emergency Economic Powers Act or section 5(a) of the United Nations Participation Act of 1945.
SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ. 50 USC1701 note.
(a) DENIAL OF ASSISTANCE,None of the funds appropriated or otherwise made available pursuant to this Act to carry out the Foreign Assistance Act of 1961 (including title IV of chapter 2 of part I, relating to the Overseas Private Investment Corporation) or the Arms Export Control Act may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that (1) such assistance is in the national interest of the United States; (2) such assistance will directly benefit the needy people in that country; or (3) the assistance to be provided will be humanitarian gissistance for foreign nationals who have fled Iraq and Kuwait. (b) IMPORT SANCTIONS.If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, md is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited (1) the importation of products of Iraq into its customs territory, and (2) the export of its products to Iraq.
SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO. 50 USC 1701
Notwithstanding section 206 of the International Emergency Economic Powers Act (50 U.S.C, 1705) and section 5(b) of the United Nations Participation Act of 1945 (22 U.S.C. 287c(b)) (1) a civil penalty of not to exceed $250,000 may be imposed on any person who, after the date of enactment of this Act, violates or evades or attempts to violate or evade Executive Order Numbered 12722,12723,12724, or 12725 or any license, order, or regulation issued under any such Executive order; and (2) whoever, after the date of enactment of this Act, willfully violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 or any license, order, or regulation issued under any such Executive order (A) shall, upon conviction, be fined not more than $1,000,000, if a person other than a natural person; or (B) if a natural person, shall, upon conviction, be fined not more than $1,000,000, be imprisoned for not more than 12 years, or both. Any officer, director, or agent of any corporation who knowingly participates in a violation, evasion, or attempt described in paragraph (2) may be punished by imposition of the fine or imprisonment (or both) specified in subparagraph (B) of that parigraph.
104 STAT. 2050

50 u s e 1701 ^^-
SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF INTERNATIONAL LAW. (a) IRAQ'S VIOLATIONS OF INTERNATIONAL LAW.The Congress
Saddam Hussein.
determines that (1) the Government of Iraq has demonstrated repeated and blatant disregard for its obligations under international law by violating the Charter of the United Nations, the Protocol for the Prohibition of the Use in War of Asphjrxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925), as well as other international treaties; (2) the Government of Iraq is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights and is obligated under the Covenants, as well as the Universal Declaration of Human Rights, to respect internationally recognized human rights; (3) the State Department's Country Reports on Human Rights Practices for 1989 again characterizes Iraq's human rights record as "abysmal"; (4) Amnesty International, Middle East Watch, and other independent human rights organizations have documented extensive, systematic, and continuing human rights abuses by the Grovemment of Iraq, including summary executions, mass political killings, disappearances, widespread use of torture, arbitrary arrests and prolonged detention without trial of thousands of political opponents, forced relocation and deportation, denial of nearly all civil and political rights such as freedom of association, assembly, speech, and the press, and the imprisonment, torture, and execution of children; (5) since 1987, the Government of Iraq has intensified its severe repression of the Kurdish minority of Iraq, deliberately destroyed more than 3,000 villages and towns in the Kurdish regions, and forcibly expelled more than 500,000 people, thus effectively depopulating the rural areas of Iraqi Kurdistan; (6) Iraq has blatantly violated international law by initiating use of chemical weapons in the Iran-Iraq war; (7) Iraq has also violated international law by using chemical weapons against its own Kurdish citizens, resulting in tens of thousands of deaths and more than 65,000 refugees; (8) Iraq continues to expand its chemical weapons capability, QJ^^ President Saddam Hussein has threatened to use chemical weapons against other nations; (9) persuasive evidence exists that Iraq is developing biological weapons in violation of international law; (10) there are strong indications that Iraq has taken steps to produce nuclear weapons and has attempted to smuggle from the United States, in violation of United States law, components for triggering devices used in nuclear warheads whose manufacture would contravene the Treaty on the Non-Proliferation of Nuclear Weapons, to which Iraq is a party; and (11) Iraqi President Saddam Hussein has threatened to use terrorism against other nations in violation of international law and has increased Iraq's support for the Palestine Liberation Organization and other Palestinian groups that have conducted terrorist acts.
104 STAT. 2051
(b) HUMAN RIGHTS VIOLATIONS.The Congress determines that the Government of Iraq is engaged in a consistent pattern of gross violations of internationally recognized human rights. All provisions of law that impose sanctions against a country whose government is engaged in a consistent pattern of gross violations of internationally recognized human rights shall be fully enforced against Iraq.
(c) SUPPORT FOR INTERNATIONAL TERRORISM.(1) The Congress
determines that Iraq is a country which has repeatedly provided support for acts of international terrorism, a country which grants sanctuary from prosecution to individuals or groups which have committed an act of international terrorism, and a country which otherwise supports international terrorism. The provisions of law specified in paragraph (2) and all other provisions of law that impose sanctions against a country which has repeatedly provided support for acts of international terrorism, which grants sanctuary from prosecution to an individual or group which has committed an act of international terrorism, or which otherwise supports international terrorism shall be fully enforced Eigainst Iraq. (2) The provisions of law referred to in paragraph (1) are (A) section 40 of the Arms Export Control Act; (B) section 620A of the Foreign Assistance Act of 1961; (C) sections 555 and 556 of this Act (and the corresponding sections of predecessor foreign operations appropriations Acts); and (D) section 555 of the International Security and Development Cooperation Act of 1985. (d) MULTILATERAL COOPERATION.The Congress calls on the President to seek multilateral cooperation (1) to deny dangerous technologies to Iraq; (2) to induce Iraq to respect internationally recognized human rights; and (3) to induce Iraq to allow appropriate international humanitarian and human rights organizations to have access to Iraq and Kuwait, including the areas in northern Iraq traditionally inhabited by Kurds.
SEC. 586G. SANCTIONS AGAINST IRAQ. 50 USC 1701
(a) IMPOSITION.Except as provided in section 586H, the following sanctions shall apply with respect to Iraq: (1) FMS SALES.The United States Government shall not enter into any sale with Iraq under the Arms Export Control Act. (2) COMMERCIAL ARMS SALES.Licenses shall not be issued for the export to Iraq of any item on the United States Munitions List.
(3) EXPORTS OF CERTAIN GOODS AND TECHNOLOGY.The
authorities of section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) shall be used to prohibit the export to Iraq of any goods or technology listed pursuant to that section or section 5(cXl) of that Act (50 U.S.C. App. 2404(cXl)) on the control list provided for in section 4(b) of that Act (50 U.S.C. App. 2403(b)).
(4) NUCLEAR EQUIPMENT, MATERIALS, AND TECHNOLOGY.
(A) NEC ucENSES.The Nuclear Regulatory Commission shall not issue any license or other authorization under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following) for the export to Iraq of any source or special nuclear
104 STAT. 2052
PUBLIC LAW 101-513NOV. 5, 1990 material, any production or utilization facility, any sensitive nuclear technology, any component, item, or substance determined to have significance for nuclear explosive purposes pursuant to section 109b. of the Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), or any other material or technology requiring such a license or authorization.
(B) DISTRIBUTION OF NUCLEAR MATERIALS.The authority
of the Atomic Energy Act of 1954 shall not be used to distribute any special nuclear material, source material, or bjrproduct material to Iraq. (C) DOE AUTHORIZATIONS.The Secretary of Energy shall not provide a specific authorization under section 57b. (2) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(bX2)) for any activity that would constitute directly or indirectly engaging in Iraq in activities that require a specific authorization under that section.
(5) ASSISTANCE FROM INTERNATIONAL FINANCIAL INSTITU-
TIONS.The United States shall oppose any loan or financial or technical assistance to Iraq by international financial institutions in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d).
Credit. (6) ASSISTANCE THROUGH THE EXPORT-IMPORT BANK.Credits
and credit guarantees through the Export-Import Bank of the United States shall be denied to Iraq.
(7) ASSISTANCE THROUGH THE COMMODITY CREDIT CORPORA-
TION.Credit, credit guarantees, and other assistance through the Commodity Credit (Corporation shsdl be denied to Iraq. (8) FOREIGN ASSISTANCE.All forms of assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following) other than emergency assistance for medical supplies and other forms of emergency humanitarian assistance, and under the Arms Export Control Act (22 U.S.C. 2751 and following) shall be denied to Iraq. (b) CJONTRACT SANCTITY.For purposes of the export controls imposed pursuant to subsection (aX3), the date described in subsection (mXl) of section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) shall be deemed to be August 1,1990.
50 u s e 1701 SEC. 586H. WAIVER AUTHORITY.
(a) I N GENERAL.The President may waive the requirements of any paragraph of section 586(jl<a) if the President makes a certification under subsection Ot)) or subsection (c).
(b) CERTIFICATION OF FUNDAMENTAL CHANGES IN IRAQI POUCIES
AND ACTIONS.The authority of subsection (a) may be exercised 60 days after the President cert&ies to the C!ongress that (1) the Government of Iraq (A) has demonstrated, through a pattern of conduct, substantial improvement in its respect for internationally recognized human rights; (B) is not acquiring, developing, or manufacturing (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of iny such missiles and weapons it possesses; and (C) does not provide support for international terrorism;
104 STAT. 2053
(2) the Grovernment of Iraq is in substantisil compliance with its obligations under international law, including (A) the Charter of the United Nations; (B) the International Covenant on Civil and Political Rights (done at New York, December 16, 1966) and the International Covenant on Economic, Social, and Cultural Rights (done at New York, December 16,1966); (C) the Convention on the Prevention and Punishment of the Crime of Genocide (done at Paris, December 9, 1948); (D) the Protocol for the Prohibition of the Use in War of Asph3rxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17,1925); (E) the Treaty on the Non-Proliferation of Nuclear Weapons (done at Washington, London, and Moscow, July 1, 1968); and (F) the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (done at Washington, London, md Moscow, April 10, 1972); and (3) the President has determined that it is essential to the national interests of the United States to exercise the authority of subsection (a).
(c) CERTIFICATION OF FUNDAMENTAL CHANGES IN IRAQI LEADERSHIP
AND POLICIES.The authority of subsection (a) may be exercised 30 days after the President certifies to the Congress that (1) there has been a fundamental change in the leadership of the Government of Iraq; and (2) the new Government of Iraq has provided reliable and credible assurance that (A) it respects internationally recognized human rights and it will demonstrate such respect through its conduct; (B) it is not acquiring, developing, or manufacturing and it will not acquire, develop, or manufacture (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; (C) it is not and will not provide support for international terrorism; and (D) it is and will continue to be in substantial compliance with its obligations under international law, including all the treaties specified in subparagraphs (A) through (F) of subsection (bX2).
(d) INFORMATION TO B E INCLUDED IN CERTIFICATIONS.Any certifi-
cation under subsection (b) or (c) shall include the justification for each determination required by that subsection. The certification shall also specify which paragraphs of section 586G(a) the President will waive pursuant to that certification.
SEC. 5861. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR WEAPONS CAPABILITY. 50 USC 1701 note.
(a) RESTRICTION ON EXPORT LICENSES.None of the funds appropriated by this or any other Act may be used to approve the licensing for export of any supercomputer to any country whose government the President determines is assisting, or whose govern-
104 STAT. 2054
President. Computer technology. International agreements.
ment officials the President determines are assisting, Iraq to improve its rocket technology or chemical, biological, or nuclear weapons capability. (b) NEGOTIATIONS.The President is directed to begin immediate negotiations with those governments with which the United States has bilateral supercomputer agreements, including the Grovemment of the United Kingdom and the Grovernment of Japsm, on conditions restricting the transfer to Iraq of supercomputer or "associated technology.
SEC. 58J. REPORTS TO CONGRESS.
(a) STUDY AND REPORT ON THE INTERNATIONAL EXPORT TO IRAQ OF NUCLEAR, BIOLOGICAL, CHEMICAL, AND BALLISTIC MISSILE TECH-
President. 50 u s e 1701 note.
NOLOGY.(1) The President shall conduct a study on the sale, export, and third party transfer or development of nuclear, biological, chemical, and ballistic missile technology to or with Iraq including (A) an identification of specific countries, as well as companies and individuals, both foreign and domestic, engaged in such sale or export of, nuclear, biological, chemical, and ballistic missile technology; (B) a detailed description and analysis of the international supply, information, support, and coproduction network, individual, corporate, and state, responsible for Iraq's current capability in the area of nuclear, biological, chemical, and ballistic missile technology; and (C) a recommendation of standards and procedures against which to measure and verify a decision of the Grovemment of Iraq to terminate the development, production, coproduction, and deplo3mient of nuclear, biological, chemical, and offensive ballistic missile technology as well as the destruction of all existing facilities associated with such technologies. (2) The President shall include in the study required by paragraph (1) specific recommendations on new mechanisms, to include, but not be limited to, legal, political, economic and regulatory, whereby the United States might contribute, in conjunction with its friends, allies, and the international community, to the msinagement, control, or elimination of the threat of nuclear, biological, chemical, and ballistic missile proliferation. (3) Not later than March 30, 1991, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.
(b) STUDY AND REPORT ON IRAQ S OFFENSIVE MILITARY CAPABIL-
ITY.(1) The President shall conduct a study on Iraq's offensive military capability uid its effect on the Middle East balance of power including an assessment of Iraq's power projection capability, the prospects for another sustained conflict with Iran, joint IraqiJordanian military cooperation, the threat Iraq's arms transfer activities pose to United States allies in the Middle East, and the extension of Iraq's political-military influence into Africa and Latin America. (2) Not later than March 30, 1991, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and
104 STAT. 2055
the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1).
(c) REPORT ON SANCTIONS TAKEN BY OTHER NATIONS AGAINST
IRAQ.(1) The President shall prepare a report on the steps taken by other nations, both before and after the August 2, 1990, invasion of Kuwait, to curtail the export of goods, services, and technologies to Iraq which might contribute to, or enhance, Iraq's nuclear, biological, chemical, and ballistic missile capability. (2) The President shall provide a complete accounting of international compliance with each of the sanctions resolutions adopted by the United Nations Security Council against Iraq since August 2, 1990, and shall list, by name, each country which to his knowledge, has provided any assistance to Iraq and the amount and t5rpe of that assistance in violation of each United Nations resolution. (3) The President shall make every effort to encourage other nations, in whatever forum or context, to adopt sanctions toward Iraq similar to those contained in this section. (4) Not later than every 6 months after the date of enactment of this Act, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.
MANDATORY RETIREMENT FOR CERTAIN INSPECTOR GENERAL STAFF SEC. 587. (a) COMPUTATION OF ANNUITIES.Section 806(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4046) is amended (1) by inserting "(1)" immediately after "(a)"; and (2) by adding at the end thereof the following new paragraphs: "(2) Notwithstamding the percentage limitation contaiined in paragraph (1) of this subsection "(A) utilizing the definition of average pay contained in section 8331(4) of title 5, United States Code, the annuity of a Foreign Service criminal investigator/inspector of the Office of the Inspector CJeneral, Agency for International Development, who was appointed to a law enforcement position, is defined in section 8331(20) of title 5, United States (Jode, prior to January 1, 1984, and would have been eligible to retire pursuant to section 8336(c) of that title, after attaining 50 years of age and completing 20 years as a law enforcement officer had the employee remained in the civil service shall be computed in the same manner as that of a law enforcement officer pursuant to section 8339(d) of that title, except as provided in paragraph (3); and "(B) the annuity of a Foreign Service criminal investigator/ inspector of such office, who was appointed to a law enforcement position as defined in section 8401(17) of that title on or after January 1, 1984, and who would have been eligible to retire pursuant to section 8412(d) of that title, after attaining 50 years of age and completing 20 years of service as such a law enforcement officer, had the employee remained in the civil service, shall be computed in the same manner as that of a law enforcement officer pursuant to section 8415(d) of that title.
104 STAT. 2056
22 use 4052.
"(3) The annuity of a Foreign Service investigator/inspector of the Office of the Inspector General, Agency for International Development, appointed to a law enforcement position prior to January 1, 1984, who exercised election rights under section 860 of the Foreign Service Act of 1980, shall be computed as follows: for the period prior to election the annuity shall be computed in accordance with section 8339(d) of title 5, United States Code; for the period following election the annuity shall be computed in accordance with section 8415(d) of that title. "(4) All service in a law enforcement position, as defined in section 8331(20) or 8401(17) of that title, as applicable, in any agency or combination of agencies shall be included in the computation of time for purposes of this paragraph. "(5) The annuity of a Foreign Service criminal investigator/ inspector of the Office of the Inspector General of the Agency for International Development who has not completed 20 years of service as a law enforcement officer, as defined in section 8331(20) or 8401(17) of that title, shall be computed in accordance with paragraph (1). "(6) For purposes of paragraphs (2), (3), and (4) of this subsection, the term 'basic pay' includes pay as provided in accordance with section 412 of this Act or section 5545(aX2) of title 5, United States Code.". (b) Section 812 of the Foreign Service Act of 1980 is amended (1) by inserting "(1)" after "(a)"; and (2) by adding the following new paragraph: "(2) Notwithstanding paragraph (1), a Foreign Service criminal investigator/inspector of the Office of Inspector General of the Agency for International Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d) of title 5, United States Code, as applicable, had the employee remained in civil service, shall be separated from the Service on the last day of the month in which that Foreign Service criminal investigator/ inspector attains 55 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee attains 60 years of age. The employing office shall notify the employee in vmting of the date of separation at least 60 days before that date. Action to separate the employee is not effective without the consent of the employee, until the last day of the month in which the 60-day notice expires.".
PRESIDENTIAL FOREIGN ASSISTANCE CONTINGENCY AUTHORITIES
22 use 2261.
SEC. 588. Section 451(a) of the Foreign Assistance Act of 1961 is amended by (1) striking out the phrases "not to exceed $10,000,000 o f and "in any fiscal year"; (2) striking out the phrase "emergency purposes" and inserting in lieu thereof "unanticipated contingencies"; and (3) inserting the following immediately before the period: ", except that the authority of this subsection may not be used to authorize the use of more than $25,000,000 during any fiscal year".

EXCESS DEFENSE ARTICLES FOR COUNTRIES SUPPORTING DESERT SHIELD
104 STAT. 2057
SEC. 589. Section 516(a) of the Foreign Assistance Act of 1961 is amended by inserting aiEter the second occurrence of the words "United States security assistance," the words "and those countries which received Foreign Military Financing (FMF) assistance in fiscal year 1990 and which, as of October 1, 1990, contributed armed forces to deter Iraqi aggression in the Arabian Gulf,".
C H E M I C A L W E A P O N S PROLIFERATION
22 use 232ij.
SEC. 590. None of the funds appropriated by this Act may be used to finance the procurement of chemicals, dual use chemicals, or chemical agents that may be used for chemical weapons production: Provided, TTiat the provisions of this section shall not apply to any such procurement if the President determines that such chemicals, dual use chemicals, or chemical agents are not intended to be used by the recipient for chemical weapons production.
NOTIFICATIONS FOR EMERGENCY ASSISTANCE
SEC. 591. The prior notification requirements contained in section 523 of this Act may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided, That in case of any such waiver, notification to the Congress, or the appropriate congressional committees, shaill be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver: Provided further. That any notification provided pursuant to this section shall contain an explanation of the circumstances necessitating the use of the authority of this section.
SUPPORT FOR EGYPTIAN MILITARY DEPLOYMENTS IN THE GULF SEC. 592. MULTILATERAL DEBT NEGOTIATIONS.The Congress finds that Egypt has official debt obligations that far exceed the amounts owed to the United States. The Congress further finds that Egjrpt's debt situation can be addressed effectively only in a multilateral context involving its major creditor governments and addressing both military and economic debt. Therefore, before the authority contained in subsection 0)) is President. exercised, the President shall seek to convene a multilateral conference of the major official creditors of the Grovernment of Egypt for the purpose of adjusting Egypt's official debt in a manner which reflects the real coUectability of that debt. The President in such negotiations shall explicitly and strongly President. encourage other governments holding major amounts of Egyptian military debt to give that debt the same treatment that it is being accorded by the United States. (a) DEBT MORATORIUM.(1) There shall be a moratorium on the payment obligation by Egypt beginning on October 1, 1990, and ending on March 31, 1991, with respect to the notes described in paragraph (2). (2) The notes with respect to which this moratorium shall apply are all notes made by Egypt evidencing amounts owed by Egypt to the United States (or any agency of the United States) as a result of loans made before October 1, 1990, by the United
39-194 O - 91 - 23 : QL 3 Part 3
104 STAT. 2058
PUBLIC LAW 101-513NOV. 5, 1990 States (or any of its agencies) to Egypt under the Arms Export Control Act (all such loans being hereinafter collectively referred to as the "AECA Loans"). (3) Section 518 of this Act, section 620(q) of the Foreign Assistance Act of 1961, and any other provision that similarly restricts the furnishing of assistance to countries in default on payment to the United States of principal or interest shall not apply during the moratorium described in paragraph (1) with respect to amounts owed by Egypt under the AECA Loans. (4) Nothing in this subsection shall interfere with, or otherwise diminish, the obligation of the Secretary of Defense as guarantor with respect to the AECA Loans.
(b) DEBT CONSOLIDATION IN THE DEPARTMENT OF DEFENSE.As
soon as feasible after the enactment of this Act, the Secretary of Defense shall (1) issue to the Secretary of the Treasury sufficient notes or other obligations to purchase all notes made by Egjrpt evidencing amounts owed by Egypt to the United States (or any agency of the United States), other than amounts already owed to the Secretary of Defense, as a result of AECA Loans; and (2) purchase all such notes made by Egypt, such purchase being considered to discharge the responsibilities of the Secretary of Defense as guarantor of such notes.
(c) PRESIDENTIAL REPORT ON THE REAL VALUE OF EGYPTIAN DEBT OWED TO T H E U N I T E D STATES AND PRESIDENTIAL MILITARY DEBT REDUCTION AUTHORITY.After the Department of Defense has
taken the actions described in subsection (b) (1) the President shall submit a report to Congress in which he determines the value of the AECA Losms and all other loans owed by Egypt to the United States based on realistic pajonent expectations as of October 1, 1990, and an explanation of the factors considered by the President in determining the value; and (2) after the President has submitted the report to Congress provided for in paragraph (1), the President may (A) reduce the amount owed by Egypt to the Secretary of Defense to an amount that equals the value of the AECA Loans as determined by the President in the report described in paragraph (1); (B) direct the Secretary of Defense to amend, modify or otherwise alter the notes described in subsection (aX2) so that the amended, modified or altered notes (the "amended notes") evidence a principal amount owed by Egypt to the Secretary of Defense equal to the value of the AECA Loans as determined under paragraph (1), and contain such terms and conditions as the President may determine consistent with the purposes of this section, provided that such terms and conditions shall not (i) reflect any interest accrued in respect of the period between October 1, 1990, and March 31, 1991; and (ii) require Egjrpt to make any pajonent before March 31,1991; and (C) reduce the amount owed by the Secretary of Defense under all notes or other obligations issued by
104 STAT. 2059
the Secretary of Defense to the Secretary of the Treasury that are related to any guarantees of any AECA Loans (including all notes or other obligations issued under subsection Ot))) by multipljdng it by a fraction, the numerator of which shall equal the value of the AECA Loans as determined under paragraph (1), and the denominator of which shall e q u ^ the sum of (i) the amount owed by the Secretary of Defense under notes issued to the Secretary of the Treasury pursuant to subsection G)X1), plus (ii) the amount owed by Egypt as a result of the AECA Loans to the Secretary of Defense as of October 1, 1990, plus (iii) the amount that Egjrpt would have owed as a result of the AECA Loans to the Secretary of Defense in respect of the period beginning October 1, 1990, and ending immediately before the President makes the reduction described in subsection (cX2XA). The military debt reduction authority provided by this subsection shall be limited such that no reduction shaJl result in a decrease in the principal value of the AECA Loans below the discounted net present value which would result from a restructuring of the AECA Loans according to the terms and conditions which apply to the loans of the International Development Association (principal shall be repayable over 40 years and shall bear no interest, and there shall be a 10 year grace period after which period 2 per centum of the loan shall be repaid annually for a period of 10 years, and 4 per centum of the loan shall be repaid annually during the remaining years). (d) DEBT CANCELLATION AUTHORITY,(1) The President, notwithstanding any other provision of law, in the context of the multilateral debt negotiations provided for in this section may reduce to zero the amended notes (in the manner specified in subsection (eX2) (A) and (B)) only if other major holders of EgjHptian military debt agree to equal or comparable reductions. If such other creditors do not agree to comparable reductions in Reports, their Egjrptian military debt the President shall so report to Congress. (2) If the President reports to Congress under paragraph (1) then he may further determine that it is essential to the national security interests of the United States to unilaterally cancel the requirement of Egypt to repay the United States for such Egyptian military debt. (e) CONSIDERATIONS.(1) In making this determination under subsection (dX2), the President may consider (A) the unique nature of Egypt's contribution to Desert Shield, and its leadership role in supporting international efforts in the face of Iraqi aggression in the Arabian Peninsula; (B) the impact on the Egyptian economy of the events surrounding the Iraqi aggression; (C) the long-term prospects for economic growth and stability in Egypt, and the effect on those prospects of such a determination; (D) the role that Egypt's assumption of FMS debt played in furtherance of the common security interests of Egypt
104 STAT. 2060
PUBLIC LAW 101-513NOV. 5, 1990 and the United States, and the role if any that such debt was expected to have relative to other forms of officied debt in generating income and promoting growth in the Egyptian economy; (E) the willingness of other countries to participate in efforts to address the issue of official Egyptian military debt on a multilateral basis; and (F) any other national security interests of the United States. (2) If the President determines in the report provided for in subsection (d) that doing so is essential to the success of Desert Shield, or to enhance peace and stability in the Middle East, then he is hereby authorized to reduce to zero (A) the amount owed by Egypt to the Secretary of Defense under the amended notes; and (B) the amount owed by the Secretary of Defense under all notes or other obligations issued by the Secretary of Defense to the Secretary of the Treasury that are related to any guarantees of any AEXHA Loans, including all notes or other obligations issued under subsection G^XD(f) The President may carry out the purposes of this section notwithstanding any other provision of law.
KENYA
Operation Desert Shield.
President. Reports.
SEC. 593. Notwithstanding any other provision of law, none of the funds appropriated by this Act under the headings "Economic Support Fund" and "Foreign Military Financing Program", may be made available for Kenya unless the President certifies, and so reports to the C!ongress, that the Government of Kenya is taking steps to (1) charge and try or release all prisoners, including any persons detained for political reasons; (2) cease any physical abuse or mistreatment of prisoners; (3) restore the independence of the judiciary; and (4) restore freedoms of expression: Provided, That none of the funds appropriated by this Act under the headings "Economic Support Fund" and "Foreign Military Financing Program" may be obligated or expended for Kenya until 30 days after such report is transmitted to the Congress.
POUCE TRAINING FOR EAST CARIBBEAN REGIONAL SECURITY SYSTEM
22 use 2420.
SEC. 594. Section 660 of the Foreign Assistance Act of 1961 is amended by striking out "or" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting "; or" in lieu thereof, and by adding the following paragraph at the end of the subsection: "(4) with respect to assistance provided to police forces in connection with their participation in the regional security system of the Eastern Caribbean states.".
E N T E R P R I S E FOR T H E AMERICAS INITIATIVE
SEC. 595. (a) It is the sense of the Congress that the President's Enterprise for the Americas Initiative could encourage and support market-oriented reform and economic growth in Latin America and the Caribbean through interrelated actions to promote investment reforms, debt reduction and environmental protection. (b) It is further the sense of the Congress that the President's proposal for the Enterprise for the Americas Initiative should be given prompt consideration.
PUBLIC L A W 101-513NOV. 5, 1990

EXCESS DEFENSE ARTICLES
104 STAT. 2061
SEC. 596. (a) The Congress finds that impending changes in the 22 u s e 2321m United States armed forces are likely to result in increased avail- note. ability of excess defense articles to meet security assistance requirements. The Congress urges the President to make maximum use of available excess defense articles as a cost-effective supplement to funded security assistance programs to meet the legitimate defense requirements of eligible allies and friends. Accordingly, the President is urged to establish policies sind procedures to ensure that excess assets are applied against such requirements. Accordingly, the Foreign Assistance Act of 1961 is amended as follows: Ot)) Chapter 2 of part II of the Foreign Assistance Act of 1961 is amended by adding the following at the end: "SEC. 519. ADDITIONAL AUTHORITIES RELATING TO MODERNIZATION 22 use 232im
OF MILITARY CAPABIUTIES.(a) AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.Notwithstanding any other provision of law
(except title V of the National Security Act of 1947) and subject to subsection Q3), the President may transfer to countries for whom a foreign military financing program was justified for the fiscal year in which the transfer is authorized, such nonlethal excess defense articles as the President determines necessary to help modernize the defense capabilities of such countries, in accordance with the provisions of this section.
"(b) LIMITATIONS ON TRANSFERS.The President may transfer
nonlethal excess defense articles under this section only if "(1) the equipment is drawn from existing stocks of the Department of Defense; (2) no funds available to the Department of Defense for the procurement of defense equipment are expended in connection with the transfer; "(3) the President determines that the transfer of the nonlethal excess defense articles will not have an adverse impact on the military readiness of the United States; and ' (4) the President determines that transferring the articles under the authority of this section is preferable to selling them, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of either a transfer or sale. "(c) NOTIFICATION TO CONGRESS.The President shall notify the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate, and the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives fifteen days before transferring nonlethal excess defense articles under subsection (a), in accordance with the regular notification procedures of those committees.
"(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF D O D
President.
EXPENSES.Section 632(d) shall not apply with respect to transfers of nonlethal excess defense articles under this section. "(e) ANNUAL REPORT.Commencing in 1991, not later than December 15 of each year, the President shall transmit to the committees described in subsection (c) a report with respect to the previous fiscal year which contains "(1) a list of the countries to which the President has furnished nonlethal excess defense articles under the authority of this section; and
President.
104 STAT. 2062
22 use 2771.
"(2) the value of the excess nonlethal defense articles that were furnished to each such country. "(f) TRANSPORTATION AND RELATED COSTS.(1) Except as provided in paragraph (2), funds available to the Department of Defense shall not be expended for crating, packing, hsindling and transportation of nonlethal excess defense articles transferred under the authority of this section. "(2) Notwithstanding section 632(d) or any other provision of law, the President may direct the crating, packing, handling and transport of nonlethal excess defense articles without charge to a country if "(A) that country has an agreement providing the United States with base rights in that country; "(B) that country is eligible for assistance from the International Development Association; and "(C) the nonlethal excess defense articles are being provided to that country under the authority of this section.". (c) In section 31(d) of the Arms Export Control Act, insert the following after the word "law" ", and of any defense articles with respect to which the President submits a certification under section 36(b) of this Act.". (d) During fiscal year 1991, the provisions of section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, shall be applicable, for the period specified therein, to excess defense articles made available under sections 516 and 519 of the Foreign Assistance Act of 1961.
JUDICIAL REFORM IN EL SALVADOR
President.
SEC. 597. (a) JUDICIAL REFORM PROGRAM.An amount equivalent to 10 percent of the United States military assistance deposited in the Fund established pursuant to section 531(f) of this Act may be obligated and expended to assist in the carrying out of judicial reforms in El Salvador as described in this subsection only if the President certifies to Congress by October 1,1991, that (1) the Government of El Salvador has made significant progress in establishing an independent civilian judiciary and prosecutorial and investigative system. For purposes of this paragraph "significant progress" mesms certification that (A) the Legislative Assembly and the Supreme Court are acting to consider the National Legislative Revisory Commission (CORELESAL) propossds which should include admission of co-conspirator testimony in murder cases and a commitment to the reform of labor law; (B) the Salvadoran Government has reactivated the Judicial Protection Unit and that the safety of judges and witnesses is being adequately provided; (C) the procedures for detaining suspects and the treatment of detainees are in compliance with standards set forth by the U.N. Human Rights Commission; and (D) the Government of El Ssdvador has devised and commenced implementation of a plan to place the police force under civilian control, including the time period within which such plan is to be implemented and the actions that will be taken to effect its implementation; and
104 STAT. 2063
(2) the conditions set forth in section 538 of this Act with Reports. respect to investigation of murders are satisfied and reported by the President to the Committees on Appropriations. Ot)) REFORMS.Assistance for judiciary reform pursuant to subsection (a) shall be administered through the Administration of Justice program to support activities which further the progress described in paragraph (1).
EXTENSION OF PROVISIONS
SEC. 598. (a) Section 599D of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, is amended (1) in subsection (bX3), by striking "fiscal year 1990" and inserting "for each of fiscal years 1990, 1991, and 1992", and (2) in subsection (e), by striking "October 1, 1990" each place it appears and inserting "October 1,1992". G)) Section 599E(bX2) of such Act is amended by striking "September 30,1990" and inserting "September 30,1992".
PRIORITY DELIVERY OF EQUIPMENT
8 USC1157 note.
8 USC 1255 note.
SEC. 599. Notwithst8uiding any other provision of law, the delivery of excess defense articles that are to be transferred on a grant basis under Section 516 of the Foreign Assistance Act to NATO allies and to major non-NATO sillies on the southern and southeastern flank of NATO shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.
YUGOSLAVIA
SEC. 599A. Six months after the date of enactment of this Act, (1) none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to provide any direct assistance to the Federsil Republic of Yugoslavia, and (2) the Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose any assistance of the respective institutions to the Federal Republic of Yugoslavia: Provided, That this section shall not apply to assistance intended to support democratic parties or movements, emergency or humanitarian assistance, or the furtherance of human rights: Provided further. That this section shall not apply if all six of the individual Republics of the Federal Republic of Yugoslavia have held free and fair multiparty elections and are not engaged in a pattern of systematic gross violations of human rights: Provided further. That notwithstanding the failure of the individual Republics of the Socialist Federal Republic of Yugoslavia to have held free and fair multiparty elections within six months of the enactment of this Act, this section shall not apply if the Secretary of State certifies that the Socialist Federal Republic of Yugoslavia is making significant strides toward compl5dng with the obligations of the Helsinki Accords and is encouraging any Republic which has not held free and fair multiparty elections to do so.
104 STAT. 2064

ISRAELMILITARY DRAWDOWN
President.
President. Reports.
SEC. 599B. (a) As a result of circumstances arising from the recent invasion by Iraq of Kuwait, Israel faces a heightened threat to its national security. In order to assist Israel in meeting this threat, the President may direct for the purposes of part II of the Foreign Assistance Act of 1961, the drawdown, for Israel, of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of $700,000,000 within nine months from the date of enactment of this Act. (b) To the maximum extent feasible, drawdowns under subsection (a) shall be made from units withdrawn or to be withdrawn from Europe. (c) In the event the President determines that the timing of the drawdown under subsection (a) would have an adverse impact on the readiness of the Armed Forces of the United States, the President may have such additional time as he deems appropriate to comply with the requirements of subsection (a). The President shall notify the Committees on Appropriations of any determination under this subsection, including an estimate as to when the total amount of the drawdown under subsection (a) will be completed. (d) The President shall, within six months of the last drawdown under subsection (a), submit a report to the Committees on Appropriations which identifies the articles, services, and training drawn down under this section. (e) Section 506(c) of the Foreign Assistance Act of 1961 (regarding the reimbursement of accounts) shall be applicable to the drawdown authority contained in this section. (f) Section 632(d) of the Foreign Assistance Act of 1961 shall not apply with respect to drawdowns under this section.
BENEFITS FOR UNITED STATES HOSTAGES IN IRAQ AND KUWAIT AND UNITED STATES HOSTAGES CAPTURED IN LEBANON
5 use 5561 note.
SEC. 599C. (a) ELIGIBILITY.United States hostages in Iraq and Kuwait, and United States hostages captured in Lebanon, shall, subject to the availability of funds under subsection (e), be entitled to the benefits described in this section. Except as otherwise provided in this section or other provision of law, no such individual or any family member shall receive any benefit under the provisions of title 5, United States Code.
(b) PAYMENTS FOR DURATION OF HOSTAGE STATUS, LIFE INSURANCE,
Regulations.
AND HEALTH INSURANCE.(1) Not later than 30 days after the date of enactment of this Act, the Office of Personnel Management, after consultation with the Department of State, shall prescribe regulations, consistent with this section, for the application of the provisions of chapter 87 (relating to life insurance) and chapter 89 (relating to health insurance) of title 5, United States Code, to the United States hostages in Iraq or Kuwait, and United States hostages captured in Lebanon, and their family members for the period that such hostages remain in hostage status. (2) United States hostages in Iraq or Kuwait, and United States hostsiges captured in Lebanon, shall, subject to the availability of funds under subsection (e), be paid at the rate of pay for a position at GS-9 of the General Schedule for the period in which such hostages remained in a hostage status without the hostages (or their family
104 STAT. 2065
members on their behalf) receiving salaries or wages from their employers, (3) During the period of an individual's hostage status and during the 12-month period after the hostage status of that individu^ ceases, such individual and his family members shall, subject to the availability of funds under subsection (e), be entitled to health benefits covered by paragraph (1) if such benefits were not provided by any other insurance coverage. (4) During the period of an individual's hostage status and during the 12-month period after the hostage status of that individual ceases, that individual shall, subject to the availability of funds under subsection (e), be entitled to life insurance benefits covered by paragraph (1) if such benefits were not provided by any other insurance coverage. (c) ADMINISTRATION OF AUTHORITIES.(1) For purposes of this section, the Secretary of State shall certify to such officer of the United States as may require such information the names of the United States hostages in Iraq and Kuwait, and United States hostages captured in Lebanon, and their family members. (2) For purposes of the protection of the identity of any individual, the Secretary of State may submit any certification under this subsection in classified form. (3) The Secretary of State may require of any individual such verification of hostage status as he may deem necessary. (d) DEFINITIONS.For purposes of this section (1) the term "hostage status" means, with respect to United States hostages in Iraq and Kuwait, the status of being held in custody by governmental or military authorities of a country or taking refuge within that country in fear of being taken into such custody (including residing in uiy diplomatic mission or consular post in that country); and, with respect to United States hostages captured in Lebanon, the status of a person described in paragraph (4XB); (2) the term "family members" means spouses, dependents, and any individuals who are members of the households of United States hostages in Iraq and Kuwait or United States hostiges captured in Lebanon; (3) the term "United States economic sanctions against Iraq" means the exercise of authorities under the International Emergency EJconomic Powers Act by the President with respect to financial transactions with Iraq; (4XA) the term "United States hostages in Iraq and Kuwait" means United States nationals, or family members of United States nationals, who are in a hostage status in Iraq or Kuwait during the period beginning on August 2, 1990, and terminating on the date on which United States economic sanctions against Iraq are lifted; and (B) the term "United States hostages captured in Lebanon" means United States nationals who have been forcibly detained, held hostage, or interned by an enemy government or its agents, or a hostile force, in Lebanon since January 1,1990. (5) the term "United States national" means any individual who is a citizen of the United States or who, though not a citizen of the United States, owes permanent allegiance to the United States.
104 STAT. 2066
(e) ALLOCATION OP FUNDS.(1) Of the funds appropriated by this Act under the heading "Economic Support Fund", up to $10,000,000 shall be available to carry out this section. (2) The authority to obligate funds under the authority provided by this section shall expire six months after the date of enactment of this Act.
PROTECTION OF CHILDREN
22 use 2i5in.
SEC. 599D. Amend Section 116 of the Foreign Assistance Act of 1961 to add a new subsection: "Ot)) No assistance may be provided to any government failing to take appropriate and adequate measures, within their means, to protect children from exploitation, abuse or forced conscription into military or paramilitary services.".
INTERNATIONAL CRIMINAL COURT
SEC. 599E. (a) The Congress finds that (1) the international community has defined as criminal conduct in various international conventions, certain acts such as war crimes, crimes against humanity, torture, piracy and crimes on board commercial vessels, aircraft hijacking and sabotage of aircraft, crimes against diplomats and other internationally protected persons, hostage-taking, and illicit drug cultivation and trafficking; (2) in spite of these international conventions, the effective prosecution of those who commit criminal acts has been seriously obstructed in certain cases because of problems of extradition and differences between the legal and judicial systems of individual nations; (3) the jurisdiction of the International Court of Justice extends only to cases involving governments, and not to individual criminal cases; (4) the concept of an international criminal court has been under consideration in the United Nations and other international fora for many years, including proposals and reviews undertaken in 1990 by the United Nations Greneral Assembly, the International Law Commission, and the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders; (5) the international military tribunals established in Nuremburg, (Jermany, and Tokyo, Japan, following World War II also establish a precedent for international criminal tribunals; and (6) there is growing movement among nations of the world to formulate their economic, political and legal systems on a multilateral basis. 0)) It is the sense of Congress that (1) the United States should explore the need for the establishment of an International Criminal Court on a universal or regional basis to assist the international community in dealing more effectively with criminal acts defined in international conventions; and (2) the establishment of such a court or courts for the more effective prosecution of international criminals should not dero-
104 STAT. 2067
gate from established standards of due process, the rights of the accused to a fair trial and the sovereignty of individual nations. (c) The President shall report to the Congress by October 1, 1991, the results of his efforts in regard to the establishment of an International Criminal Court to deal with criminal acts defined in international conventions. (d) The Judicial Conference of the United States shall report to the Congress by October 1, 1991, on the feasibility of, and the relationship to, the Federal judiciary of an International Criminal Court.
PROGRESS A N D LEADERSHIP OF THE CITIZENS DEMOCRACY CORPS
President. Reports.
Reports.
SEC. 599F. The President shall report to Congress the name of a qualified individual from the private sector who will serve as the Chairman of the Citizens Democracy Corps (CDC) Commission who will select other private citizens from business, educational, agricultural, voluntary, or philanthropic activities to serve on the Commission; and by December 15, 1990, the President shall submit a report to Congress regarding the CDC's strategic implementation plan, to include: (1) private sector funding; (2) cumulative and planned government funding; (3) a strategy and timetable for making the CDC self-financing through private donations; (4) details on CDC volunteer assignments and assignment priorities in Eastern Europe; and (5) a plan for acquiring state and Federal charters for the CDC.
POLAND
President. Reports.
SEC. 599G. (aXl) The freely-elected Grovernment of Poland has reshaped the country's economic policies with great courage and consistency in a manner that will foster the establishment of a functioning market economy in the near future; (2) the Government of Poland and people alike have proven their willingness to endure economic hardships, such as a marked drop in the standard of living, in employment levels, and in the nation's industrial output, in order to create the necessary conditions for a comprehensive economic reform; (3) the economic program is based on the recognition of the Polish authorities that a stable and easily convertible currency is paramount to the economic transformation of Poland; (4) inflation in Poland has actually declined and the budget deficit been reduced as a consequence of the determination of Poland's policy makers; (5) private ownership of the means of production has been achieved on a broad basis; (6) the continued success of economic reform hinges upon tangible improvements in the economic conditions for each and every citizen; (7) private sector companies from the United States and elsewhere have responded very favorably to the Government of Poland's determination to bring about meaningful reform; (8) the greatest challenge for the new government is to service the staggering debt run up by the previous communist regime; and (9) the servicing of this debt out of current revenues endangers a successful completion of the reform process because it consumes a large part of the resources needed for economic expansion: Now, therefore, be it (b) The sense of the Congress that
104 STAT. 2068
PUBLIC LAW 101-513NOV. 5, 1990 (1) Poland's debt service should be reduced in the appropriate manner to safeguard the promising reform concept; (2) any solution of this problem should entail a broad range of approaches, such as outright debt reduction, debt service reduction, and lengthening of maturities, as well as an infusion of new capital; (3) the Western governments, which are Poland's major creditors, should take speedy action in this area and private banks should also be prepared to contribute their share to this effort of reducing Poland's debt in order to allow the newly democratized country to bring its market reform program to a successful conclusion; and (4) the President should undertake the appropriate measures on the part of the United States to bring the deliberations in the Paris Club to a favorable decision on the issue of reducing Poland's debt.
PRECURSOR CHEMICALS
22 u s e 2291 note.
International agreements. Records. Confidential business information.
SEC. 599H. (a) NEGOTIATIONS.(1) The Attorney General shall enter into negotiations with the appropriate law enforcement and judicial agencies and any other officials of any foreign country with jurisdiction over companies who manufacture, market, sell or purchase certain precursor and/or essential chemicals used in the production of illicit narcotics. The priority of negotiations should be determined based on an assessment by the Attorney General which countries have jurisdiction over companies that may be knowingly or unknowingly suppljdng chemicals for the illicit manufacture of controlled substances. (2) The purposes of the negotiations shall be to (a) establish a list of precursor and essential chemicals contributing to the illicit manufacture of controlled substances, as defined in section 102 of the Controlled Substances Act (21 USC 802); O^) reach one or more international agreements on a method for maintaining records of transactions of these listed chemicals; (c) establish a procedure by which such records may be made available to (and kept confidential as necessary by) United States law enforcement authorities for the exclusive purpose of conducting an investigation relative to precursor chemicals, essential chemicals and/or controlled substances contributing to the manufacture of illicit narcotics; and (d) encourage chemical source countries to enact national chemical control legislation which would (i) impose specific record keeping and reporting requirements for domestic transactions involving listed chemicals; (ii) establish a system of permits or declarations for imports and exports of listed chemicals; and (iii) authorize government officials to seize or suspend shipments of listed chemicals based on evidence that they may be destined for the illicit manufacture of controlled substances. (b) REPORTS.Not later than one year after the date of enactment of this Act, the Attorney General shall submit in interim report to the Judiciary Committee and the Foreign Relations Committee of the Senate on progress in the negotiations. Not later than eighteen months from the date of enactment, the Attorney (Jeneral shall submit a final report to the aforementioned Senate Committees on the result of negotiations identifjdng countries with which agreements have not been reached and which have jurisdiction over companies believed to be engaged in the manufacture, marketing.
104 STAT. 2069
sale or purchase of precursor and/or essential chemicals used in illicit manufacture of controlled substances. (c) PENALTIES.After consulting with the Attorney (Jeneral and the Director of the Office of National Drug Control Policy, the President shall impose penalties or sanctions including temporarily or permanently prohibiting any corporation, partnership, individual or business association (i) refusing to maintain records for the purpose of monitoring and regulating transactions of listed precursor chemicals, or (ii) refusing to make such records available to United States law enforcement authorities for investigative purposes (in coordination with the local law enforcement agency in which such corporation, partnership, individual, or business association resides, is created or has its principal place of business) from engaging in any or all transactions, in goods or services, within the commerce of the United States. (d) DEFINITIONS.A record under subsection (a) shall be retrievable and include the date of the transaction, the identity of each party to the transaction, including the ultimate consignee, and accounting of the quantity and form of listed chemical(s) and a description of the method of transfer. (e) This section shall not apply to the manufacture, distribution, sale, import or export of any drug which may, under the Federal Food, Drug and Cosmetic Act be lawfully sold over-the-counter without prescription.
VIETNAM TRAVEL
President. Records. Business and industry.
SEC. 599L (a) The Senate hereby finds (1) the Government of the United States has maintained economic sanctions against the government of the Socialist Republic of Vietnam since April 30, 1975 under the auspices of the Trading with the Enemy Act, and as regulated by the Office of Foreign Assets Control of the United States Department of Treasury, (2) individual citizens of the United States are authorized to travel in Vietnam but are limited in monetary expenditures to $100 per day, to be used only for personal travel related expenses, and are prohibited from conducting business dealings with Vietnam or citizens of Vietnsim, (3) the international community, exclusive of the United States, has significantly increased its commercial contacts within Vietnam, and that foreign investment in Vietnam doubled from January 1989 to January 1990, (4) the government of the Socialist Republic of Vietnam has been cooperative in working with the United States and other nations toward a settlement of the Cambodian political situation, (5) by the end of 1989, the government of Vietnam had completed a withdrawal of its combat troops from the territory of Cambodia, and (6) pending a final Cambodian settlement, the remaining questions regarding United States POWs and MlAs are the most important factor in determining the future course of United States-Vietnamese relations. (b) It is the sense of the Senate, that in recognition of the fact that the government of Vietnam has been cooperative in working toward a resolution of longstanding issues of conflict with the United
104 STAT. 2070
States, that the $100.00 per day limit on personal expenses of United States citizens travelling in Vietnam should be raised to an appropriate level.
WEST BANK SCHOOLS
SEC. 599J. The United States Congress commends Israel's decision to open the schools on the West Bank announced on June 22, 1989, including the opening of all colleges, the Al-Quds University on June 16, 1990, and Bethlehem University on August 30, 1990. The Congress understands that all schools will be opened at an early date, and expresses the hope that they will remain open, and will be respected and regarded by all parties as places of learning.
PUBLIC LAW 480 Agricultural commodities.
SEC. 599K. Funds appropriated in the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1991 for title III of the Agricultural Trade Development and Assistance Act of 1954 shall be made available for the donation of commodities as authorized by law. TITLE VIINTERNATIONAL FORESTRY COOPERATION
International Forestry Cooperation Act of 1990. Environmental protection. 16 u s e 4501 note. 16 u s e 4501.
This title may be cited as the "International Forestry Cooperation Act of 1990". SEC. 602. FORESTRY AND RELATED NATURAL RESOURCE ASSISTANCE. (a) FOCUS OF ACTIVITIES.To achieve the maximum impact from activities undertaken under the authority of this title, the Secretary shall focus such activities on the key countries which could have a substantial impact on emissions of greenhouse gases related to global warming. 0)) AUTHORITY FOR INTERNATIONAL FORESTRY ACTIVITIES.In support of forestry and related natural resource activities outside of the United States and its territories and possessions, the Secretary of Agriculture (hereinafter referred to in this title as the Secretary) may (1) provide assistance that promotes sustainable development and global environmental stability, including assistance for (A) conservation and sustainable management of forest land; (B) forest plantation technology and tree improvement; (C) rehabilitation of cutover lands, eroded watersheds, and areas damaged by wildfires or other natural disasters; (D) prevention and control of insects, diseases, and other damaging agents; (E) preparedness planning, training, and operational assistance to combat natural disasters; (F) more complete utilization of forest products leading to resource conservation; (G) range protection and enhancement; and (H) wildlife and fisheries habitat protection and improvement;
104 STAT. 2071
(2) share technical, managerial, extension, ind administrative skills related to public and private natural resource administration; (3) provide education and training opportunities to promote the transfer and utilization of scientific information and technologies; (4) engage in scientific exchange and cooperative research with foreign governmental, educational, technical and research institutions; and (5) cooperate with domestic and international organizations that further international programs for the management and protection of forests, rguigelands, wildlife and fisheries, and related natural resource activities. (c) ELIGIBLE COUNTRIES.The Secretary shall undertake the activities described in subsection Qy), in countries that receive assistance from the Agency for International Development only at the request, or with the concurrence, of the Administrator of the Agency for International Development.
SEC. 603. TROPICAL DEFORESTATION ASSESSMENT AND ASSISTANCE. 16 USG 4502.
In support of the Tropical Forestry Action Plan and to specifically address tropical deforestation and degradation, the Secretary may (1) support and actively participate in global and regional meetings that seek to reform such Plan; (2) together with the United States Agency for International Development, and other Federal agencies, provide technical assistance to tropical countries for the formulation of national forestry sector development strategies; and (3) cooperate with tropical countries on research, training, and technical programs aimed at implementing national forestry sector development strategies.
SEC. 604. INSTITUTE OF TROPICAL FORESTRY. 16 USC 4503.
(a) EXPANSION.The Secretary shall expand the capabilities of and construct additional facilities at the Caribbean National Forest and Institute of Tropical Forestry in Puerto Rico, as the Secretary determines necessary to support the purpose of this title, and as funds are appropriated for such expansion and construction. Ot)) TROPICAL FORESTRY PLANS.Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and to the Committees on Appropriations of the Senate and House of Representatives, a tropical forestry plan for the expansion and construction of additional facilities under subsection (a). Such plan shall include provisions for (1) the construction or acquisition of a major center for education, interpretation, and appreciation of the benefits and methods of the intelligent management of tropical forests; (2) the acquisition or construction of facilities for housing and classroom instruction near the Caribbean National Forest/ Luguillo Experimental Forest; and (3) the acquisition or construction of facilities for the study and recovery of endangered tropical wildlife, fish and plant species.
104 STAT. 2072

16 u s e 4504.
SEC. 605. ADMINISTRATIVE PROVISIONS.
(a) COORDINATION OF ACTIVITIES.The Secretary shall coordinate all activities outside of the United States under this title with other Federal officials, departments, agencies, and international organizations, as the President may require. (b) ASSISTANCE.The Secretary may provide assistance, as determined appropriate by the Secretary to carry out this title, including technical and financial assistance, equipment, and facilities without reimbursement.
16 u s e 4505. SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this title.
SEC. 607. CONFORMING AMENDMENTS. (a) FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH
Agricultural research.
16 use 2101.
16 use 2109.
ACT.The Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.) is amended (1) in section 2 (16 U.S.C. 1641) (A) by inserting "(1)" after "(a)"; (B) by adding at the end of subsection (a) the following new pargigraph: "(2) (Dongress further finds that the forest and rangeland renewable resources of the world are threatened by deforestation due to conversion to agriculture of lands better suited to other uses, overgrazing, over-harvesting, and other causes that pose a direct adverse threat to people, the global environment, and the world economy."; and (C) by adding at the end thereof the following new subsection: "(c) It is the purpose of this Act to authorize the Secretary to expand research activities to encompass international forestry and natural resource issues on a global scale."; and (2) in the first section of section 4(c) (16 U.S.C. 1643(c)), by inserting "international," before "Federal". (b) COOPERATIVE FORESTRY ASSISTANCE ACT.The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. et seq.) is amended (1) in section 2(a) (A) by striking "and" at the end of paragraph (16); (B) by striking the period at the end of paragraph (17) and inserting "; and"; and (C) by adding at the end thereof the following new paragraph: "(18) the same forest resource supply, protection, and mansigement issues that exist in the United States are also present on an international scale, and the forest and rangeland renewable resources of the world are threatened by deforestation due to conversion to agriculture of lands better suited to other purposes, over-grazing, over-harvesting, and other causes which pose a direct adverse threat to people, the global environment, and the world economy."; (2) in section 2(b), by inserting "in the United States, and forest lands in foreign countries," after "non-Federal forest lands," the first place it appears and in paragraph (10); and (3) in section 12, by adding at the end thereof the following new subsection:
104 STAT. 2073
"(h) In addition to the authority provided elsewhere in this Act, the Secretary may provide assistance to other countries with respect to the activities described in paragraphs (1) through (10) of section ddb), paragraphs (1) through (5) of section 7(b), and paragraphs (1) through (3) of section 9(b). For the purposes of providing assistance to other countries under this subsection, the term 'non-Federal forest land' shall mean any forest land and related renewable natural resources in such countries. In providing the assistance authorized under this subsection, the Secretary shall coordinate with other Federal officials, departments, agencies, or international organizations, as the President may direct. The references to 'State foresters or equivalent State officials' in this Act shall not apply to the assistance provided by the Secretary to other countries under this subsection.". This Act may be cited as the "Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5114: HOUSE REPORTS: No. 101-553 (Comm. on Appropriations), and No. 101-968 (Comm. of Conference). SENATE REPORTS: No. 101-519 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): June 27, considered and passed House. Oct. 12, 19, 22, 24, considered and passed Senate, amended. Oct. 27, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
104 STAT. 2074

Nov. 5, 1990 [H.R. 5019] Energy and Water Development Appropriations Act, 1991. Making appropriations for energy and water development for the fiscal year ending September 30, 1991, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1991, for energy and water development, and for other purposes, namely: TITLE I DEPARTMENT OF DEFENSECIVIL DEPARTMENT OF THE ARMY
CORPS OF ENGINEERSCIVIL
The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and when authorized by laws, surveys and detailed studies and plans and specifications of projects prior to construction, $146,435,000, to remain available until expended: Provided, That with funds herein appropriated the Secretary of the Army, acting through the Chief of Engineers, is directed to undertake the following items under General Investigations in fiscal year 1991 in the amounts specified: Casino Beach, Chicago, Illinois, $220,000; McCook and Thornton Reservoirs (CUP), Illinois, $2,000,000; Lake George, Hobart, Indiana, $125,000; Little Calumet River Basin (Cady Marsh Ditch), Indiana, $220 000' Ste. Genevieve, Missouri, $600,000; Red River Waterway, Shreveport, Louisiana, to Daingerfield, Texas, $1,900,000; Miami River Sediments, Florida, $200,000; Monroe County Beach Erosion (Smathers Beach), Florida, $193,000; Wyoming Valley Levee Raising, Pennsylvania, $1,000,000: Provided further. That not to exceed $27,200,000 shall be available for obligation for research and development activities: Provided
104 STAT. 2075
further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to initiate and complete preconstruction engineering and design of the LaConner, Washington, project using funds appropriated for that purpose in the Energy and Water Development Appropriations Act, 1990, Public Law 101-101: Provided further, That the Secretary of the Army is authorized, in partnership with the Department of Transportation, and in coordination with other Federal agencies, including the Department of Energy, to conduct research and development associated with an advanced high speed magnetic levitation transportation system: Provided further, That notwithstanding any other provision of law, the funds appropriated to the Corps of Engineers in Public Law 101-101 for Magnetic Levitation Research and Development activities are hereby authorized for expenditure only in accordance with the directions contained in Senate Report 101-83 and House Report 101-235: Provided further. That with $200,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to resume preconstruction engineering and design of the St. Louis Harbor, Missouri and Illinois, project: Provided further. That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $250,000 of the funds appropriated herein to complete the Los Angeles-Long Beach Harbors project feasibility study and is further directed to use $2,000,000 of the funds appropriated herein to initiate preconstruction engineering and design of that project upon release of the South Pacific Division Engineer's notice of completion of the feasibility report: Provided further. That with $200,000 of the funds appropriated in the Energy and Water Development Appropriations Act, 1990, Public Law 101-101, together with $300,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to continue preconstruction engineering and design of the Red River Waterway, Index, Arkansas, to Denison Dam, Texas, project: Provided further. That with $800,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to accelerate preconstruction engineering and design for the Folly Beach, South Carolina, project and complete the General Design Memorandum by May 1991 so that project construction could begin in the fourth quarter of fiscal year 1992: Provided further. That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $300,000 of the funds appropriated herein to initiate and expedite a reconnaissance study to develop a recommended plan for flood damage prevention and other water resources problems along the Ohio River and its tributaries in Belmont and Jefferson Counties, Ohio: Provided further. That using $270,000 of funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to initiate and complete engineering and design of the Bethel, Alaska, bank stabilization project.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control, shore protection, alteration and removal of obstructive bridges, and related projects authorized by laws; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for
104 STAT. 2076
selection by law (but such studies shall not constitute a commitment of the Government to construction), $1,050,450,000, of which such sums as are necessary pursuant to Public Law 99-662 shall be derived from the Inland Waterways Trust Fund, to remain available until expended: Provided, That with funds herein appropriated the Secretary of the Army, acting through the Chief of Engineers, is directed to undertake the following projects in fiscal year 1991 in the amounts specified: O'Hare Reservoir, Illinois, $4,300,000; Red River Emergency Bank Protection, Arkansas and Louisiana, $4,100,000, which is to be utilized to construct emergency bank stabilization measures including repairs to revetments and realignments upstream of Shreveport, Louisiana, to Index, Arkansas, that were significantly damaged in the May 1990 flood in the Red River Basin; Hansen Dam, California, $272,000; Kissimmee River, Florida, $6,000,000; Wallisville Lake, Texas, $9,200,000; Red River Basin Chloride Control, Texas and Oklahoma, $5,000,000; Shinnecock Inlet, New York, $3,000,000; Platte River Flood and Streambank Erosion Control Demonstration Project, Nebraska, $1,500,000; San Diego River and Mission Bay, California, $975,000; Tampa Bay (Port Sutton), Florida, $500,000: Provided further, That with $7,500,000 of the funds herein appropriated to remain available until expended, the Secretary of the Army, acting through the Chief of Engineers, is directed to continue the work for the levees/floodwalls and to undertake other structural and nonstructural work associated with the Barbourville, Kentucky, element of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River project authorized by section 202 of Public Law 96-367: Provided further. That with $20,500,000 of the funds herein appropriated to remain available until expended, the Secretary of the Army, acting through the Chief of Engineers, is directed to continue the work for the river diversion tunnels and to undertake other structural and nonstructural work associated with the Harlan, Kentucky, element of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River project authorized by section 202 of Public Law 96-367 using continuing contracts: Provided further. That $6,000,000 of the funds herein appropriated to remain available until expended, the Secretary of the Army, acting through the Chief of Engineers, is directed to initiate construction of the lower Mingo County, West Virginia element of the Levisa and Tug Forks of the Big Sandy and Upper Cumberland River project authorized by section 202 of Public Law 96-367, in accordance with the costsharing principles of Public Law 99-662 using continuing contracts: Provided further. That no fully allocated funding policy shall apply to construction of the Barbourville, Kentucky, and Harlan, Kentucky, and lower Mingo County, West Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River project: Provided further. That the project for flood protection for the town of Matewan, West Virginia, shall include all incorporated units within the town of Matewan: Provided further, That with funds herein or hereafter appropriated, the Secretary of the Army, acting through the Chief of Engineers, is directed to award continuing contracts until construction is com-
104 STAT. 2077
plete in accordance with the terms and conditions of Public Law 101-101 for the O'Hare Reservoir, Illinois, and Wallisville Lake, Texas, projects: Provided further. That the Secretary of the Army, acting through the Chief of Engineers, is directed to undertake the Kanawha River, Charleston, West Virginia, and Kanawha River, Saint Albans, West Virginia, projects using funds appropriated in the Energy and Water Development Appropriations Act, 1988, Public Law 100-202: Provided further. That the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to permit the non-Federal sponsors for the Fort Toulouse, Elmore County, Alabama, and Mound State Park, Moundville, Alabama, projects to contribute, in lieu of cash, all or any portion of their share of the projects with work in-kind: Provided further. That using $400,000 of the funds appropriated herein the Secretary of the Army, acting through the Chief of Engineers, is directed to construct the Salyersville cut-through as authorized by Public Law 99-662, section 401(eXl) in accordance with the Special Project Report for Salyersville, Kentucky, concurred in by the Ohio River Division Engineer on or about July 26, 1989: Provided further. That using $500,000 of the funds appropriated herein the Secretary of the Army, acting through the Chief of Engineers, is directed to complete engineering and design and proceed with construction in fiscal year 1991 of riverbed gradient restoration facilities in the vicinity of mile 206 of the Sacramento River, California, pursuant to the authority provided in section 102 of Public Law 101-101, the Energy and Water Development Appropriations Act, 1990: Provided further. That with $550,000 of the funds herein appropriated, the Secretary of the Army, acting through the Chief of Engineers, is directed to continue with planning, engineering, design, and construction of the Des Moines Recreational River and Greenbelt, Iowa, project in accordance with the terms and conditions for construction in Public Law 100-202: Provided further, That with $3,000,000 of the funds herein appropriated the Secretary of the Army, acting through the Chief of Engineers, is directed to approve the remaining design memoranda and to continue land acquisition at Red Rock Lake and Dam, Iowa, in accordance with Public Law 99-190: Provided further. That using $975,000 of the funds appropriated herein the Secretary of the Army, acting through the Chief of Engineers, is directed to repair and restore to a safe condition the existing Tulsa and West Tulsa Local Protection Project, Oklahoma, authorized by the Flood Control Act approved August 18, 1941, Public Law 73-228, at an estimated cost of $1,300,000. The non-Federal share of the project will be in accordance with the provisions of title I, section 103, of Public Law 99-662, for flood control purposes: Provided further. That using $550,000 of funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is hereby directed to study, design and construct streambank protection measures along the esist shoreline of McGregor Park in the city of Clarksville, Tennessee, on Lake Barkley, under the authority of section 14 of Public Law 79-526: Provided further, That using $970,000 of funds appropriated herein, the Secretary of the Army is directed to relocate the Southeast Light on Block Island, Rhode Island to a more suitable location, subject to enactment into law of authorizing legislation: Provided further. That the Secretary of the Army, acting through the Chief of Engineers, is directed to initiate construction of the San Timoteo feature of the Santa Ana River Mainstem flood control project by scheduling design and construction. The Secretary
104 STAT. 2078
is further directed to initiate and complete design and to fund and award all construction contracts necessary for completion of the San Timoteo feature. Furthermore, the Corps of Engineers is directed to use $1,000,000 of the funds appropriated herein to initiate the design; and, in addition, $92,636,000, to remain available until expended, is hereby appropriated for construction of the Red River Waterway, Mississippi River to Shreveport, Louisiana, project, and the Secretary is directed to continue the first phase of construction of Locks and Dams 4 and 5 that were initiated in 1990 and continue at an accelerated rate the design of the second phase contracts for Locks and Dams 4 and 5 in order to be prepared to initiate them in the second quarter of fiscal year 1992, to repair damages caused by the 1990 flood to project features that are complete or currently under construction, and to award continuing contracts in fiscal year 1991 for construction of the following features of the Red River Waterway which are not to be considered fully funded: Grappe Capout, Fausse Capout, Socot Capout, Grappe Realignment, McDade Revetment, Moss Revetment, Elm Grove Revetment, Cecile Revetment: Provided further. That, the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to make available $150,000 for engineering, design, acquisition and construction of a support structure to serve as the foundation for the Seafarers Memorial in the Columbia River, in cooperation with the City of Hammond, Oregon.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g-l), $344,606,000, to remain available until expended: Provided, That not less than $250,000 shall be available for bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District Engineer and the State Conservationist: Provided further. That the funds provided herein for operation and maintenance of Yazoo Basin Lakes shall be available for the maintenance of road and trail surfaces, alignments, widths, and drainage features: Provided further. That using $236,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to initiate construction of the Horn Lake Creek and Tributaries (including Cow Pen Creek), Tennessee and Mississippi, project: Provided further. That the Secretary of the Army is hereby directed to expedite the acquisition, in fee simple, of lands, excluding minerals, for public access in the Atchafalaya Basin Floodway System, Louisiana, as authorized by Public Laws 99-88, 99-662, and 100-202. The Secretary is authorized to include in any transfer of real property, in fee simple, excluding minerals, for public access pursuant to Public Laws 99-88, 99-662, and 100-202, language requiring the United States, in the event that the property is no longer required for public access and prior to any subsequent sale, exchange, or other transfer of the property
104 STAT. 2079
acquired, to first offer such property to the vendors, their heirs, successors or assigns, at the same price then being offered by any third party, which price shall in no event be less than the current fair market value. This authority is effective July 1, 1989, and the Secretary is further authorized to correct and amend deeds executed and delivered prior to said date to incorporate this provision: Provided further. That with $2,000,000 herein appropriated or with funds hereafter appropriated, the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to award continuing contracts until construction is complete for the West Memphis and Vicinity, Arkansas, project authorized by section 401(a) of the Water Resources Development Act of 1986 as modified by the General Design Memorandum 101, dated May 1990: Provided further. That using $400,000 of the funds appropriated herein the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the authorized Ouachita River Levees project in Louisiana and that rehabilitation or replacement of all deteriorated drainage structures which threaten the security of this critical urban protection is to be accomplished at Federal expenses; and, in addition, the Bayou Rapides Drainage Structure and Pumping Plant is to be included as a feature of the Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee project, Lower Red River, South Bank Levee.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation, $1,450,669,000, to remain available until expended, of which such sums as become available in the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived from that fund, and of which $20,000,000 shall be for construction, operation, and maintenance of outdoor recreation facilities, to be derived from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601): Provided, That $3,630,000 of the funds appropriated herein shall be used by the Secretary of the Army, acting through the Chief of Engineers, for the Long-Term Management Strategy for dredged material disposal in the San Francisco Bay, California, region: Provided further. That $2,500,000 of the funds appropriated herein shall be used by the Secretary of the Army, acting through the Chief of Engineers, to continue the development of recreation facilities at Sepulveda Dam, California: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $3,500,()00 of the funds appropriated herein for the Federal share of construction of access facilities in the McAlpine Lock and Dam navigation pool. The nonFederal interests shall be credited for previous work related to access, including $3,000,000 for 1,060 feet of the new downtown wharf. Non-Federal interests shall provide necessary easements to the Federal Government for construction of improvements at no
104 STAT. 2080
cost to the Federal Government. Title for lands shall remain with non-Federal interests: Provided further, That $100,000 of the funds appropriated herein shall be used by the Secretary of the Army, acting through the Chief of Engineers, to continue the Sauk Lake, Minnesota, project: Provided further, That with $350,000 of the funds herein appropriated to remain available until expended, the Secretary of the Army, acting through the Chief of Engineers, is directed to use continuing contracts to design and construct a riverfront park at Charleston, West Virginia, in accordance with the cost sharing principles of Public Law 99-662 and as generally described in the September 1989 Reconnaissance Report of the Huntington District entitled, Charleston Riverfront Park, Winfield Navigation Pool, Kanawha River: Provided further, That no fully allocated funding policy shall apply to construction of Charleston Riverfront Park, West Virginia: Provided further. That $200,000 of the funds appropriated herein shall be used by the Secretary of the Army, acting through the Chief of Engineers, for operation and maintenance of existing structures and facilities of the Missouri National Recreation River, Nebraska and South Dakota: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, using $900,000 of the funds appropriated herein, is directed to undertake a major rehabilitation of the Johnstown, Pennsylvania, project to insure that the project will continue to provide the authorized level of protection in the future. The Secretary is further directed to investigate those non-federally owned buildings, embankments and walls which were included in the line of protection for the convenience of the Government and to perform needed repair, rehabilitation or replacement at Federal expense subject to the following terms: (1) The City of Johnstown secures needed rights of access to such structures; (2) the City of Johnstown agrees to hold and save the United States free from damages due to construction or operation and maintenance of the work on the nonFederal structures, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to undertake improvements to roads, utilities, and other facilities at the Crowder Point East Recreation Area at Eufaula Lake, Oklahoma, using funds appropriated for that purpose in the Energy and Water Development Appropriations Act, 1989, Public Law 100-371: Provided further. That not to exceed $8,000,000 shall be available for obligation for national emergency preparedness programs: Provided further. That of the funds appropriated herein, $7,000,000 is for a new bridge over the Chesapeake and Delaware Canal at Saint Georges, Delaware, as proposed by the State of Delaware, and as authorized by laws.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining to regulation of navigable waters, including bridges, and wetlands, $71,100,000, to remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the
104 STAT. 2081
Flood Control Act, approved August 18, 1941, as amended, $20,000,000, to remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related functions in the office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors, the Coastal Engineering Research Board, the Engineer Automation Support Activity, and the Water Resources Support Center, $136,100,000, of which $9,500,000 shall be derived from funds appropriated to "General expenses" by Public Law 101-302; to remain available until expended: Provided, That the Secretary of the Army, acting through the Chief of Engineers, is directed to complete the conceptual study of potential field organization structures in accordance with Senate Report 101-83 and Conference Report 101-235 accompanying Public Law 101-101.
Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by section 4110 of title 5, United States Code, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901-5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; not to exceed $5,000 for official reception and representation expenses; and during the current fiscal year the revolving fund. Corps of Engineers, shall be available for purchase (not to exceed 170 for replacement only) and hire of passenger motor vehicles.
GENERAL PROVISIONS CORPS OF ENGINEERSCIVIL
SEC. 101. Section 4(t)(3)(F) of the Water Resources Development Act of 1988, Public Law 100-676, is amended by striking "September 30, 1989: Provided, That the total amount forgiven shall not exceed $600,000." and inserting in lieu thereof "June 30,1990.". SEC. 102. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to construct the Pennington Creek project with funds previously appropriated for dredging of Pennington Creek, Denison Dam-Lake Texoma, Texas, under Operations and Maintenance, General, and as outlined in the Tulsa District Engineer's report as submitted to the Chief of Engineers on February 22, 1989, at full Federal expense. Construction of this project is contingent upon a local sponsor signing an agreement to operate and maintain the project at non-Federal expense. SEC. 103. The project for flood control, Brush Creek and Tributaries, Missouri and Kansas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4168) is modified to authorize the Secretary of the Army to construct the project substantially in accordance with the Post Authorization Change Report, dated April 1989, as revised on January 1990, at a total cost
103 Stat. 650.
104 STAT. 2082
of $26,200,000 with an estimated Federal first cost of $16,090,000, and an estimated first non-Federal cost of $10,110,000. SEC. 104. Notwithstanding the provisions of section 215 of the Flood Control Act of 1968 (42 U.S.C. 1962d-5a) the Secretary of the Army is directed to credit and/or reimburse the local sponsor of the Maumee Bay State Park project in Ohio for work completed by the local sponsor on the eastern segment of the authorized project before November 17, 1988, in an amount equal to the Federal share of the costs of such work. Such credit and/or reimbursement shall be applied to the local sponsor's share of the construction costs of the western segment of the authorized project. SEC. 105. Section 228 of the Flood Control Act of 1970 (Public Law 91-611, 84 Stat. 1818, 1832), is modified to direct the Secretary of the Army to conclude a Local Cooperative Agreement for the facilities across the Missouri River in the vicinity of Ft. Yates, North Dakota, at an estimated total cost of $22,800,000. For fiscal year 1991 there is authorized and appropriated for planning, engineering, and design on this project, $250,000. The non-Federal share of the cost of work directed by this section shall be 10 percent. Upon completion, nonFederal interests shall own, operate, and maintain such bridge and approach facilities. SEC. 106. SAN LUIS REY RIVER, CALIFORNIA.The project for flood control, San Luis Rey River, California, approved by resolutions of the Committee on Public Works, United States Senate, and the Committee on Public Works and Transportation, House of Representatives, on December 17, 1970, and December 15, 1970, respectively, in accordance with the provisions of section 201 of the Flood Control Act of 1965 (Public Law 84-298) is modified substantially in accordance with the Supplemental Phase II General Design Memorandum dated December 1987, at an estimated total cost of $60,400,000, with a Federal first cost of $45,000,000, and a nonFederal first cost of $15,300,000. TITLE II DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau as follows:
GENERAL INVESTIGATIONS
For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $13,221,000: Provided, That, of the total appropriated, the amount for program activities which can be financed by the reclamation fund shall be derived from that fund: Provided further, That all costs of an advance planning study of a proposed project shall be considered to be construction costs and to be reimbursable in accordance with the allocation of construction costs if the project is authorized for
104 STAT. 2083
construction: Provided further, That funds contributed by non-Federal entities for purposes similar to this appropriation shall be available for expenditure for the purposes for which contributed as though specifically appropriated for said purposes, and such amounts shall remain available until expended.
CONSTRUCTION PROGRAM (INCLUDING TRANSFER OF FUNDS)
For construction and rehabilitation of projects and parts thereof (including power transmission facilities for Bureau of Reclamation use) and for other related activities as authorized by law, to remain available until expended, $642,897,000, of which $145,063,000 shall be available for transfer to the Upper Colorado River Basin Fund authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), and $185,768,000 shall be available for transfers to the Lower Colorado River Basin Development Fund authorized by section 403 of the Act of September 30, 1968 (43 U.S.C. 1543), and such amounts as may be necessary shall be considered as though advanced to the Colorado River Dam Fund for the Boulder Canyon Project as authorized by the Act of December 21, 1928, as amended: Provided, That of the total appropriated, the amount for program activities which can be financed by the reclamation fund shall be derived from that fund: Provided further, That transfers to the Upper Colorado River Basin Fund and Lower Colorado River Basin Development Fund may be increased or decreased by transfers within the overall appropriation under this heading: Provided further. That funds contributed by non-Federal entities for purposes similar to this appropriation shall be available for expenditure for the purposes for which contributed as though specifically appropriated for said purposes, and such funds shall remain available until expended: Provided further, That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters: Provided further. That no part of the funds herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument: Provided further, That the funds contained in this Act for the Garrison Diversion Unit, North Dakota, shall be expended only in accordance with the provisions of the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 99-294): Provided further. That all costs of the safety of dams modification work at Coolidge Dam, San Carlos Irrigation Project, Arizona, performed under the authority of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506), as amended, are in addition to the amount authorized in section 5 of said Act: Provided further, That none of the funds appropriated in this Act shall be used to study or construct the Cliff Dam feature of the Central Arizona Project: Provided further, That Plan 6 features of the Central Arizona Project other than Cliff Dam, including (1) water rights and associated lands within the State of Arizona acquired by the Secretary of the Interior through purchase, lease, or exchange, for municipal and industrial purposes, not to exceed 30,000 acre feet; and, (2) such increments of
104 STAT. 2084
flood control that may be found to be feasible by the Secretary of the Interior at Horseshoe and Bartlett Dams, in consultation and cooperation with the Secretary of the Army and using Corps of Engineers evaluation criteria, developed in conjunction with dam safety modifications and consistent with applicable environmental law, are hereby deemed to constitute a suitable alternative to Orme Dam within the meaning of the Colorado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501 et seq.).
OPERATION AND MAINTENANCE
43 use 618d "*-
For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, to remain available until expended, $221,516,000: Provided, That of the total appropriated, the amount for program activities which can be financed by the reclamation fund shall be derived from that fund, and the amount for program activities which can be derived from the special fee account established pursuant to the Act of December 22, 1987 (16 U.S.C. 4601-6a, as amended), may be derived from that fund: Provided further, That of the total appropriated, such amounts as may be required for replacement work on the Boulder Canyon Project which would require readvances to the Colorado River Dam Fund shall be readvanced to the Colorado River Dam Fund pursuant to section 5 of the Boulder Canyon Project Adjustment Act of July 19, 1940 (43 U.S.C. 618d), and such readvances since October 1, 1984, and in the future shall bear interest at the rate determined pursuant to section 104(a)(5) of Public Law 98-381: Provided further. That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same purpose and in the same manner as sums appropriated herein may be expended, and such advances shall remain available until expended: Provided further, That revenues in the Upper Colorado River Basin Fund shall be available for performing examination of existing structures on participating projects of the Colorado River Storage Project, the costs of which shall be nonreimbursable.
LOAN PROGRAM
For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a-421d), and August 6, 1956, as amended (43 U.S.C. 422a-4221), including expenses necessary for carrying out the program, $5,708,000, to remain available until expended: Provided, That of the total sums appropriated, the amount of program activities which can be financed by the reclamation fund shall be derived from that fund: Provided further. That during fiscal year 1991 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $4,946,000: Provided further. That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions
104 STAT. 2085
as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187,1197).
GENERAL ADMINISTRATIVE EXPENSES
For necessary expenses of general administration and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, $51,431,000, of which $600,000 shall remain available until expended, the total amount to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses.
EMERGENCY FUND
For an additional amount for the "Emergencv fund", as au- 43 USC 502 thorized by the Act of June 26, 1948 (43 U.S.C. 502), as amended, to note, remain available until expended for the purposes specified in said Act, $1,000,000, to be derived from the reclamation fund.
For acquisition of computer capacity for the Business System Acquisition project, and other capital equipment and facilities, $4,831,000, to remain available until expended, as authorized in section 1472 of title 43, United States Code (99 Stat. 571).
SPECIAL FUNDS (TRANSFER OF FUNDS)
Sums herein referred to as being derived from the reclamation fund or special fee account are appropriated from the special funds in the Treasury created by the Act of June 17,1902 (43 U.S.C. 391) or the Act of December 22, 1987 (16 U.S.C. 4601-6a, as amended), respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the head "General Administrative Expenses" shall revert and be credited to the reclamation fund.
Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed 17 passenger motor vehicles for replacement only; payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; for service as authorized by section 3109 of title 5, United States Code, in total not to exceed $500,000; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head "Operation and Maintenance
104 STAT. 2086
43 use 377a.
Administration", Bureau of Reclamation, in the Interior Department Appropriations Act 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Acts of August 21, 1935 (16 U.S.C. 461-467), and June 27, 1960 (16 U.S.C. 469): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except "General Administrative Expenses", amounts provided for plan formulation and advance planning investigations under the head "General Investigations", and amounts provided for science and technology under the head "Construction Program". Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of 31 U.S.C. 1341. No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. None of the funds made available by this or any other Act shall be used by the Bureau of Reclamation for contracts for surveying and mapping services unless such contracts for which a solicitation is issued after the date of this Act are awarded in accordance with title IX of the Federal Property and Administrative Service Act of 1949 (40 U.S.C. 541 et seq.). Notwithstanding the provisions of 5 U.S.C. 5901(a), as amended, the uniform allowance for each uniformed employee of the Bureau of Reclamation, Department of the Interior, shall not exceed $400 annually. GENERAL PROVISIONS DEPARTMENT OF THE INTERIOR SEC. 201. Appropriations in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities or other facilities or equipment damaged, rendered inoperable, or destroyed by fire, flood, storm, drought, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.
104 STAT. 2087
SEC. 202. The Secretary may authorize the expenditure or transfer (within eabh bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. SEC. 203. Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 1535 and 1536): Provided, That reimbursements for costs of supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 204. Appropriations in this title shall be available for hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchases of reprints; payment for telephone services in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. SEC. 205. (a) AUTHORIZATION.The Secretary is authorized and directed to enter into a contract with the McGee Creek Authority, Oklahoma City, Oklahoma, accepting a payment in an amount to be determined by the Secretary after appropriate investigation. (b) CONTRACT TERMINATION.Upon receipt of the payment specified in subsection (a), the McGee Creek Water Authority's obligation under contract between the Authority and the Secretary numbered 0-07-50-X0822, dated October 11,1979, shall be terminated.
(c) TITLE TO PROJECT FACILITIES.Notwithstanding any payments
made by the McGee Creek Water Authority pursuant to section 205 (a) and (b) of this language or pursuant to any contract with the Secretary, title to project facilities of the McGee Creek Project, Oklahoma, shall remain with the United States. SEC. 206. (a) Except as provided in subsection Qa) of this section, California. none of the funds appropriated in this or any other Act shall be used Government to execute new long-term contracts for water supply from the contracts. Central Valley Project, California. (b)(1) The Secretary of the Interior is authorized and directed to enter into the following contracts: (A) a municipal and industrial water supply contract with the Sacramento County Water Agency, not to exceed 22,000 acre-feet annually, to meet the immediate needs of Sacramento County and a municipal and industrial water supply contract with the San Juan Suburban Water District, not to exceed 13,000 acre-feet annually, for diversion from Folsom Lake, with annual quantities delivered under these contracts to be determined by the Secretary based upon the quantity of water actually needed within the Sacramento County Water Agency service area and San Juan Suburban Water District after considering reasonable efforts to: (i) promote full utilization of existing water entitlements within Sacramento County, (ii) implement water conservation and metering programs within the areas served by the contract, and (iii) implement programs to maximize to the extent feasible conjunctive use of surface water and groundwater; and (B) a municipal and industrial water supply contract with the El Dorado County Water
104 STAT. 2088
Agency, not to exceed 15,000 acre-feet annually, for diversion from Folsom Lake or for exchange upstream on the American River or its tributaries, considering reasonable efforts to implement water conservation programs within areas to be served by the contracts. The contracts required by this subsection are intended as the first phase of a contracting program to meet the long-term water supply needs of Sacramento and El Dorado Counties. The Secretary shall promptly initiate the necessary analysis for the long-term water supply contracts. The Secretary shall include in these contracts terms and conditions to ensure that the contracts may be amended in any respect required to meet the Secretary's obligations under applicable State law and the Federal environmental laws. (2) Prior to entering into the contracts specified in subsection 0))(1) of this section, the Secretary is directed to comply with the provision of the National Environmental Policy Act by preparing joint Environmental Impact Statements and California Environmental Quality Act Environmental Impact Reports. The Sacramento County Water Agency shall be the joint lead agency with the Bureau of Reclamation in the preparation of the environmental documents required under (b)(1)(A) of this section and the El Dorado County Water Agency shall be the joint lead agency with the Bureau of Reclamation in the preparation of the environmental documents required under (b)(1)(B), with the Bureau of Reclamation cooperating in all aspects of the environmental review process, but not controlling that process. (3) Diversions from the American River under the contract for the Sacramento County Water Agency shall, to the maximum extent reasonable and feasible, take place at or near the mouth of the American River. SEC. 207. The Secretary of the Interior is authorized and directed to pay, without reimbursement, $1,000,000 to the Fall River Rural Electric Cooperative in reimbursement for environmental protection requirements in connection with the development of hydroelectric power at the Island Park Dam and Reservoir, Idaho. Such payment shall be made on the date the hydroelectric electric power facilities are placed in service and shall not affect cost allocations or repayment provisions for the Minidoka Project. TITLE III DEPARTMENT OF ENERGY
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES
For expenses of the Department of Energy activities including the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for energy supply, research and development activities, and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 21 for replacement only), $2,527,082,000, to remain available until expended, of which $89,842,500 shall be available only for the following facilities: Advanced Technology Center, Indiana State University; Center for Energy Resources Management, University of New Orleans; Biomedical Research
104 STAT. 2089
Facility, University of Alabama at Birmingham; Biomedical Research Facility, Case Western Reserve University; Energy Science Research Facility at Boston College; Center for Nuclear Medicine Research in Alzheimer's Disease and Related Disorders, Health Sciences Center, West Virginia University; Gazes Cardiac Research Institute, Medical University of South Carolina; Biomedical Research Institute, Louisiana State University Medical Center, Shreveport, Louisiana; the Neurosensory Research Center, Oregon Health Sciences University; and the Physical Sciences Center, Fort Hays State University, Fort Hays, Kansas: Provided further, That of the amount appropriated herein, $5,500,000 shall be available only for the Boron Neutron Capture Therapy research program at the Idaho National Engineering Laboratory and $7,500,000 shall be available only for the modification and operation of the Power Burst Facility at the Idaho National Engineering Laboratory, and the Secretary of Energy is directed to obligate and expend funds for these activities prior to the end of fiscal year 1991.
URANIUM SUPPLY AND ENRICHMENT ACTIVITIES
For expenses of the Department of Energy in connection with operating expenses; the purchase, construction, and acquisition of plant and capital equipment and other expenses incidental thereto necessary for uranium supply and enrichment activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of electricity to provide enrichment services; purchase of passenger motor vehicles (not to exceed 60, of which 46 are for replacement only), $1,340,018,000, to remain available until expended: Provided, That revenues received by the Department for the enrichment of uranium and estimated to total $1,450,400,000, in fiscal year 1991 shall be retained and used for the specific purpose of offsetting costs incurred by the Department in providing uranium enrichment service activities as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of section 330203) of title 31, United States Code: Provided further. That the sum herein appropriated shall be reduced as uranium enrichment revenues are received during fiscal year 1991 so as to result in a final fiscal year 1991 appropriation estimated at not more than $0.
GENERAL SCIENCE AND RESEARCH ACTIVITIES
For expenses of the Department of Energy activities including the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for general science and research activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 10 for replacement only including one police-type vehicle), $1,148,732,000, to remain available until expended.
-194 O - 91 - 24 : QL 3 Part 3
104 STAT. 2090

NUCLEAR WASTE DISPOSAL FUND
For nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $242,833,000, to remain available until expended, to be derived from the Nuclear Waste Fund. To the extent that balances in the fund are not sufficient to cover amounts available for obligation in the account, the Secretary shall exercise his authority pursuant to section 302(e)(5) of said Act to issue obligations to the Secretary of the Treasury: Provided, That of the amount herein appropriated, within available funds, not to exceed $4,146,000, may be provided to the State of Nevada, for the conduct of its oversight responsibilities pursuant to the Nuclear Waste Policy Act of 1982, Public Law 97425, as amended, $622,000 is to be available for the University of Nevada, Reno for infrastructure studies related to nuclear waste, and $207,000 is to be available to the University of Nevada, Las Vegas, to carry out transportation studies related to nuclear waste: Provided further, That not more than $4,892,000, may be provided to affected local governments, as defined in the Act, to conduct appropriate activities pursuant to the Act: Provided further. That none of the funds herein appropriated may be used directly or indirectly to influence legislative action on any matter pending before Congress or a State legislature or for any lobbying activity as provided in 18 U.S.C. 1913: Provided further. That none of the funds herein appropriated may be used for litigation expenses: Provided further. That of the amount appropriated herein, up to $4,146,000 shall be available for infrastructure studies and other research and development work to be carried out by the University of Nevada, Las Vegas (UNLV) and the University of Nevada, Reno. In paying the amounts determined to be appropriate as a result of the decision in Consolidated Edison Company of New York v. Department of Energy, 870 F.2d 694 (D.C. Cir. 1989), the Department of Energy shall pay interest at a rate to be determined by the Secretary of the Treasury and calculated from the date the amounts were deposited into the Nuclear Waste Fund. Such payments may be made by credits to future utility payments into the fund.
ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM FUND
42 use 2061 "o*-
Revenues received hereafter from the disposition of isotopes and related services shall be credited to this account, to be available for carrying out the purposes of the isotope production and distribution program without further appropriation: Provided, that such revenues and all funds provided under this head in Public Law 101-101 shall remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
For expenses of the Department of Energy activities, $10,914,014,000, to remain available until expended, including the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for atomic energy defense activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase
104 STAT. 2091
of passenger motor vehicles (not to exceed 308 for replacement only including 20 police-type vehicles, and purchase of one fixed-wing and one rotary-wing aircraft, for replacement only): Provided, That no funds in this Act shall be available for the Plutonium Recovery Modification project until 30 days after the Secretary of Energy has provided to the Congress his review of the Department of Energy's modernization report, except for $15,000,000 in operating expenses for nonsite specific design activities and activities in support of ongoing preparation of the Environmental Impact Statement, subject to authorization: Provided further. That no funds in this Act shall be available for Project 89-D-125, Plutonium Recovery Modification Project (PRMP), until authorizing legislation therefore is enacted into law.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy necessary for Departmental Administration and other activities in carr)dng out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the hire of passenger motor vehicles and official reception and representation expenses (not to exceed $35,000) $365,095,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount, to remain available until expended: Provided further. That moneys received by the Department for miscellaneous revenues estimated to total $150,000,000 in fiscal year 1991 may be retained and used for operating expenses within this account, and may remain available until expended, as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of section 3302 of title 31, United States Code: Provided further. That the sum herein appropriated shall be reduced by the amount of miscellaneous revenues received during fiscal year 1991 so as to result in a final fiscal year 1991 appropriation estimated at not more than $215,095,000: Provided further. That $1,300,000 of the funds appropriated under this heading shall be used to carry out the Reduced Enrichment in Research and Test Reactors Program.
For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $28,421,000, to remain available until expended. POWER MARKETING ADMINISTRATIONS
OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION
For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $3,233,000, to remain available until expended.
104 STAT. 2092

BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for expenses of the Yakima Basin Screen Facilities Phase II; and for official reception and representation expenses in an amount not to exceed $2,500. During fiscal year 1991, no new direct loan obligations may be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION
For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $9,285,000, to remain available until expended.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION
For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, and for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $20,107,000, to remain available until expended; in addition, notwithstanding the provisions of 31 U.S.C. 3302, not to exceed $8,899,000 in reimbursements, to remain available until expended.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINISTRATION (INCLUDING T R A N S F E R OF FUNDS)
m
For carrying out the functions authorized by title III, section 302(aXlXE) of the Act of August 4, 1977 (Public Law 95-91), and other related activities including conservation and renewable resources programs as authorized, including official reception and representation expenses in an amount not to exceed $1,500, the purchase, maintenance, and operation of one helicopter for replacement only, $293,762,000, to remain available until expended, of which $266,101,000 shall be derived from the Department of the Interior Reclamation fund; in addition, the Secretary of the Treasury is authorized to trsinsfer from the Colorado River Dam Fund to the Western Area Power Administration $4,702,000, to carry out the power marketing and transmission activities of the Boulder Canyon project as provided in section 104(aX4) of the Hoover Power Plant Act of 1984, to remain available until expended: Provided, That in the operation of Shasta Dam, Central Valley Project, California, any increase in power purchase costs incurred by the Western Area Power Administration after January 1, 1986, resulting from bypass releases for temperature control purposes to preserve anadromous fisheries in the Sacramento River shall be nonreimbursable.

FEDERAL ENERGY REGULATORY COMMISSION SALARIES AND EXPENSES
104 STAT. 2093
For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (Public Law 95-91), including services as authorized by 5 U.S.C. 3109, including the hire of psissenger motor vehicles; official reception and representation expenses (not to exceed $3,000); $122,750,000, to remain available until expended: Provided, That hereafter and notwithstanding any other provision 42 USC 7171 of law, not to exceed $122,750,000 of revenues from fees and annual "*. charges, and other services and collections in fiscal year 1991, shall be retained and used for necessary expenses in this account, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as revenues are received during fiscal year 1991, so as to result in a final fiscal year 1991 appropriation estimated at not more than $0: Provided further. That the Commission shall, upon the expiration of the one-year contract entered into as a result of solicitation No. DE-FB89-RC-00001, exercise its right under such contract not to renew the contract. The Commission shall solicit new bids, allowing for the submission of bids offering to pay the Government to perform stenographic services; that is, bonus bids, and shall accept, in accordance with Federal acquisition laws and regulations, the bid of a qualified contractor that is financially most advantageous to the Government.
GEOTHERMAL RESOURCES DEVELOPMENT FUND
For carrying out the Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy Research, Development and Demonstration Act of 1974, as amended, $80,000, to remain available until expended: Provided, That the indebtedness guaranteed or committed to be guaranteed through funds provided by this or any other appropriation Act shall not exceed the aggregate of $500,000,000.
GENERAL PROVISIONSDEPARTMENT OF ENERGY

SEC. 301. Appropriations for the Department of Energy under this title for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance and operation of aircraft; purchase, repair and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From these appropriations, transfers of sums may be made to other agencies of the United States Government for the performance of work for which this appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriation Act. The Secretary is authorized to accept lands. Government buildings, equipment, and other contributions from public and pri- property, vate sources and to prosecute projects in cooperation with other agencies. Federal, State, private, or foreign.
104 STAT. 2094
SEC. 302. Not to exceed 5 per centum of any appropriation made available for the current fiscal year for Department of Energy activities funded in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise provided, shall be increased or decreased by more than 5 per centum by any such transfers, and any such proposed transfers shall be submitted promptly to the Committees on Appropriations of the House and Senate.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 303. The unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this title. Balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.
MINORITY PARTICIPATION IN THE SUPERCONDUCTING SUPER COLLIDER Colleges and universities. Small businesses. Women. SEC. 304. (a) FEDERAL FUNDING.The Secretary of Energy shall, to the fullest extent possible, ensure that at least 10 per centum of Federal funding for the development, construction, and operation of the Superconducting Super Collider be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) and (6))), including historically black colleges and universities and colleges and universities having a student body in which more than 20 percent of the students are Hispanic Americans or Native Americans. For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. Gs) OTHER PARTICIPATION.The Secretary of Energy shall, to the fullest extent possible, ensure significant participation, in addition to that described in subsection (a), in the development, construction, and operation of the Superconducting Super Collider by socially and economically disadvantaged individuals (within the meaning of section 8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a)(5) and (6))) and economically disadvantaged women. SEC. 305. Funds appropriated to the Department of Energy may be available to carry out programs, including the granting of equipment, to improve mathematics, science, and engineering education and skill levels in the United States in order to ensure that a continuing supply of technical and scientific workers is available to accomplish national and energy security missions. SEC. 306. The Secretary is directed, in cooperation with the University of Alaska Fairbanks, to determine the capability and type of supercomputing facility for research activity conducted by the Center for Global Change and Arctic Systems Research and the Geophysical Institute, with specific reference to the needs for auroral energy research. The Secretary is also directed, in cooperation with the National Center for Atmospheric Research, to determine the capability and type of supercomputing upgrade needed for atmospheric research conducted by the Center. The Secretary shall
Science and technology. Education.
Reports.
104 STAT. 2095
report the results of such determinations to the Appropriations Committees of the House and Senate by March 1,1991. TITLE IV INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding section 405 of said Act, and for necessary expenses for the Federal Cochairman and the alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by section 3109 of title 5, United States Code, and hire of passenger motor vehicles, to remain available until expended, $170,000,000.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD SALARIES AND EXPENSES
40 USC app. 401 note,
For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100-456, section 1441, $11,000,000, to remain available until expended.
DELAWARE RIVER BASIN COMMISSION SALARIES AND EXPENSES
For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $224,000.
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION
For payment of the United States share of the current expenses of the Delaware River Basin Commission, is authorized by law (75 Stat. 706, 707), $457,000.
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN CONTRIBUTION TO INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), as amended by the Act of September 25, 1970 (Public Law 91-407), $538,000: Provided, That funds herein or hereafter appropriated may be used for the local sponsor's share of the study cost for the U.S. Army Corps of Engineers' Anacostia River and Tributaries study in Maryland and the District of Columbia.
104 STAT. 2096
PUBLIC LAW 101-514NOV. 5, 1990 NUCLEAR REGULATORY COMMISSION

For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act, as amended, including the employment of aliens; services authorized by section 3109 of title 5, United States Code; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms, official representation expenses (not to exceed $20,000); reimbursements to the General Services Administration for security guard services; hire of passenger motor vehicles and aircraft, $461,320,000, to remain available until expended, of which $19,650,000 shall be derived from the Nuclear Waste Fund: Provided, That from this appropriation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That moneys received by the Commission for the cooperative nuclear safety research program, services rendered to foreign governments and international organizations, and the material and information access authorization programs, including criminal history checks under section 149 of the Atomic Energy Act of 1954, as amended, may be retained and used for salaries and expenses associated with those activities, notwithstanding the provisions of section 3302 of title 31, United States Code, and shall remain available until expended: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $153,450,000 in fiscal year 1991 shall be retained and used for necessary salaries and expenses in this account, notwithstanding the provisions of section 3302 of title 31, United States Code, and shall remain available until expended: Provided further. That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 1991 from licensing fees, inspection services and other services and collections, and from the Nuclear Waste Fund, excluding those moneys received for the cooperative nuclear safety research program, services rendered to foreign governments and international organizations, and the material and information access authorization programs, so as to result in a final fiscal year 1991 appropriation estimated at not more than $307,870,000.
OFFICE OF INSPECTOR GENERAL (INCLUDING T R A N S F E R OF FUNDS)
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, including services authorized by 5 U.S.C. 3109, $3,680,000, to remain available until expended; and in addition, not to exceed 5 percent of this sum may be transferred from Salaries and Expenses, Nuclear Regulatory Commission: Provided, That notice of such transfers shall be given to the Committees on Appropriations of the House and Senate: Provided further. That from this appropriation, transfers of sums may be made to other agencies of the Government
104 STAT. 2097
for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred.
SUSQUEHANNA RIVER BASIN COMMISSION SALARIES AND EXPENSES
For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission as authorized by law (84 Stat. 1541), $211,000.
CONTRIBUTION TO SUSQUEHANNA RIVER BASIN COMMISSION
For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530,1531), $290,000. TENNESSEE VALLEY AUTHORITY
TENNESSEE VALLEY AUTHORITY FUND
For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including purchase, hire, maintenance, and operation of aircraft, and purchase and hire of passenger motor vehicles, and for entering into contracts and making payments under section 11 of the National Trails System Act, is amended, $135,000,000, to remain available until expended: Provided, That this appropriation and 16 u s e 831b other moneys available to the Tennessee Valley Authority may be note. used hereafter for payment of the allowances authorized by section 5948 of title 5, United States Code. TITLE VGENERAL PROVISIONS SEC. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 502. None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in this Act. SEC. 503. None of the programs, projects or activities is defined in the report accompanying this Act, may be eliminated or disproportionately reduced due to the application of "Savings and Slippage", "general reduction", or the provision of Public Law 99-177 or Public Law 100-119 unless such report expressly provides otherwise. SEC. 504. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 505. None of the funds appropriated in this Act shall be used to implement a program of retention contracts for senior employees of the Tennessee Valley Authority. SEC. 506. Notwithstanding any other provision of this Act or any other provision of law, none of the funds made available under this
Government contracts. Public information.
104 STAT. 2098
Act or any other law shall be used for the purposes of conducting any studies relating or leading to the possibility of changing from the currently required "at cost" to a market rate" or any other noncost-based method for the pricing of hydroelectric power by the six Federal public power authorities, or other agencies or authorities of the Federal Government, except as may be specifically authorized by Act of Congress hereafter enacted. SEC. 507. None of the funds appropriated in this Act for Power Marketing Administrations or the Tennessee Valley Authority, and none of the funds authorized to be expended by this or any previous Act from the Bonneville Power Administration Fund or the Tennessee Valley Authority Fund, may be used to pay the costs of procuring extra high voltage (EHV) power equipment unless contract awards are made for EHV equipment manufactured in the United States when such agencies determine that there are one or more manufacturers of domestic end product offering a product that meets the technical requirements of such agencies at a price not exceeding 130 per centum of the bid or offering price of the most competitive foreign bidder: Provided, That such agencies shall determine the incremental costs associated with implementing this section and defer or offset such incremental costs against otherwise existing repayment obligations: Provided further, That this section shall not apply to any procurement initiated prior to October 1, 1985, or to the acquisition of spare parts or accessory equipment necessary for the efficient operation and maintenance of existing equipment and available only from the manufacturer of the original equipment: Provided further. That this section shall not apply to procurement of domestic end product as defined in 48 CFR sec. 25.101: Provided further. That this section shall not apply to EHV power equipment produced or manufactured in a country whose government has completed negotiations with the United States to extend the GATT Government Procurement Code, or a bilateral equivalent, to EHV power equipment, or which otherwise offers fair competitive opportunities in public procurements to United States manufacturers of such equipment. SEC. 508. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. SEC. 509. None of the funds appropriated by this Act may be used for the purposes of land acquisition on the Monks Hollow Dam and Reservoir, Upper Diamond Fork Pipeline, or Last Chance Powerplant of the Bonneville Unit of the Central Utah Project. 42 use 7133 SEC. 510. Without fiscal year limitation and notwithstanding any "**other provision of law, no funds appropriated or made available under this or any other Act now or hereafter shall be used by the executive branch to change the employment levels determined by the Administrators of the Federal Power Marketing Administrations to be necessary to carry out their responsibilities under the Department of Energy Organization Act and related laws, or to change the employment levels of other Department of Energy programs to compensate for employment levels of the Federal Power Marketing Administrations. 41 use 10b note. SEC. 511. (a)(1) None of the funds appropriated by this Act may be obligated or expended to enter into any contract for the construction, alteration, or repair of any public building or public work in the United States or any territory or possession of the United States with any contractor or subcontractor of a foreign country, or any
104 STAT. 2099
supplier of products of a foreign country, during any period in which such foreign country is listed by the United States Trade Representative under subsection (c) of this section. (2) The President or the head of a Federal agency administering the funds for the construction, alteration, or repair may waive the restrictions of paragraph (1) of this subsection with respect to an individual contract if the President or the head of such agency determines that such action is necessary for the public interest. The authority of the President or the head of a Federal agency under this paragraph may not be delegated. The President or the head of a Federal agency waiving such restrictions shall, within 10 days, publish a notice thereof in the Federal Register describing in detail the contract involved and the reason for granting the waiver. (b)(1) Not later than May 1, 1991, the United States Trade Representative shall make a determination with respect to each foreign country of whether such foreign country (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) In making determinations under paragraph (1), the United States Trade Representative shall take into account information obtained in preparing the report submitted under section 181(b) of the Trade Act of 1974 and such other information or evidence concerning discrimination in construction projects against United States products and services that are available. (c)(1) The United States Trade Representative shall maintain a list of each foreign country which (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) Any foreign country that is initially listed or that is added to the list maintained under paragraph (1) shall remain on the list until (A) such country removes the barriers in construction projects to United States products and services; (B) such country submits to the United States Trade Representative evidence demonstrating that such barriers have been removed; and (C) the United States Trade Representative conducts an investigation to verify independently that such barriers have been removed and submits, at least 30 days before granting any such waiver, a report to each House of the Congress identifying the barriers and describing the actions taken to remove them. (3) The United States Trade Representative shall publish in the Federal Register the entire list required under paragraph (1) and shall publish in the Fedreal Register any modifications to such list that are made after publication of the original list.
President. Federal Register, publication.
Reports.
104 STAT. 2100
(d) For purposes of this section . (1) The term "foreign country" includes any foreign instrumentality. Each territory or possession of a foreign country that is administered separately for customs purposes shall be treated as a separate foreign country. (2) Any contractor or subcontractor that is a citizen or national of a foreign country, or is controlled directly or indirectly by citizens or nationals of a foreign country, shall be considered to be a contractor or subcontractor of such foreign country. (3) Subject to paragraph (4), any product that is produced or manufactured (in whole or in substantial part) in a foreign country shall be considered to be a product of such foreign country. (4) The restrictions of subsection (aXl) shall not prohibit the use, in the construction, alteration, or repair of a public building or public work, of vehicles or construction equipment of a foreign country. (5) The terms "contractor" and "subcontractor" include any person performing any architectural, engineering, or other services directly related to the preparation for or performance of the construction, alteration, or repair. (e) Paragraph (a)(1) of this section shall not apply to contracts entered into prior to the date of enactment of this Act. (f) The provisions of this section are in addition to, and do not limit or supersede, any other restrictions contained in any other Federal law. This Act may be cited as the "Energy and Water Development Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5019: HOUSE REPORTS: No. 101-536 (Ctomm. on Appropriations) and No. 101-889 (Comm. of Conference). SENATE REPORTS: No. 101-378 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): June 19, considered and passed House. Aug. 1, 2, considered and passed Senate, amended. Oct. 19, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Senate agreed to conference report; concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
104 STAT. 2101

Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1991, and for other purposes. Nov. 5, 1990 [H.R. 5021]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30,1991, and for other purposes, namely: TITLE IDEPARTMENT OF COMMERCE
GENERAL ADMINISTRATION SALARIES AND EXPENSES
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991. Department of Commerce Appropriations Act, 1991.
For expenses necessary for the general administration of the Department of Commerce provided for by law, including not to exceed $2,000 for official entertainment, $29,595,000.
For necessary expenses of the Office of Inspector General in carrjdng out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), $14,400,000.
BUREAU OF THE CENSUS SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $110,250,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish statistics for periodic censuses and programs provided for by law, $272,700,000, to remain available until expended.
ECONOMIC AND STATISTICAL ANALYSIS SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $36,200,000.
104 STAT. 2102

ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants under the Trade Adjustment Assistance Program, as authorized by 19 U.S.C. 2024, and for economic development assistance as provided by the Public Works and Economic Development Act of 1965, as amended, and Public Law 91-304, and such laws that were in effect immediately before September 30, 1982, $209,000,000: Provided, That during fiscal year 1991 total commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal: Provided further, That none of the funds appropriated or otherwise made available under this heading may be used directly or indirectly for attorneys' or consultants' fees in connection with securing grants and contracts made by the Economic Development Administration: iVouidec?/i/r^êr. That the Economic Development Administration shall not implement the funding policy for the university center program as stated in the Federal Register notice of May 24, 1990 to reduce the grant of each university center from the Fiscal Year 1990 level and that any changes in individual grant amounts be made on the basis of failing to conform to the EDA grant agreements in place in fiscal year 1990, other than the funding policy for the university center program as stated in the Federal Register notice of May 24, 1990: Provided further. That any reduction in an individual grant amount to a university center from the Fiscal Year 1990 level shall be subject to the reprogramming procedures stated in section 606 of this Act.
ECONOMIC DEVELOPMENT REVOLVING FUND (RESCISSION)
Of the unobligated balances in the Economic Development Revolving Fund, $35,000,000 are rescinded.
For necessary expenses of administering the economic development assistance programs as provided for by law, $27,018,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, as amended, title II of the Trade Act of 1974, as amended, and the Community Emergency Drought Relief Act of 1977. Notwithstanding any other provision of this Act or any other law, funds appropriated in this paragraph shall be used to fill and maintain forty-nine permanent positions designated is Economic Development Representatives out of the total number of permanent positions funded in the Salaries and Expenses account of the Economic Development Administration for fiscal year 1991, of which no more than two positions shall be designated as National Economic Development Representatives: Provided further. That such positions shall be maintained within an organizational structure that provides at least one full-time EDR in each State to which a full-time EDR was assigned as of December 31,1987.

INTERNATIONAL TRADE ADMINISTRATION OPERATIONS AND ADMINISTRATION
104 STAT. 2103
For necessary expenses for international trade activities of the Department of Commerce provided for by law, and engiging in trade promotional activities abroad without regard to the provisions of law set forth in 44 U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas; travel and transportation of employees of the United States and Foreign Commercial Service between two points abroad, without regard to 49 U.S.C. 1517; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement; purchsuse or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $330,000 for official representation expenses abroad; and purchase of passenger motor vehicles for official use abroad not to exceed $30,000 per vehicle; obtain insurance on official motor vehicles, rent tie lines and teletype equipment; $185,620,000 to remain available until expended, of which $3,000,000 shall be for support costs of a new materials center in Ames, Iowa, and of which $7,175,000 is for the Office of Textiles and Apparels, including $3,315,000 for a grant to the Tailored Clothing Technology Corporation: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act shall include pajmient for assessments for services provided as part of these activities. Notwithstanding any other provision of law, 19 USC 2171 upon the request of the Secretary of Commerce, the Secretary of 'ô*State shall accord the diplomatic title of Minister-Counselor to the senior Commercial Officer Eissigned to any United States mission abroad: Provided further. That the number of Commercial Service officers accorded such diplomatic title at any time shall not exceed twelve. The Secretary of Commerce shgdl establish a foreign trade Iowa, zone for C!edar Rapids, Iowa, not later than February 1, 1991, notwithstanding any other provision of law.
EXPORT ADMINISTRATION OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export adpiinistration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $25,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase of passenger
104 STAT. 2104
motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law; $43,099,000, to remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities.
MINORITY BUSINESS DEVELOPMENT AGENCY MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $40,549,000, of which $24,873,000 shall remain available until expended: Provided, That not to exceed $15,676,000 shall be available for program management for fiscal year 1991.
UNITED STATES TRAVEL AND TOURISM ADMINISTRATION SALARIES AND EXPENSES
For necessary expenses of the United States Travel and Tourism Administration including travel and tourism promotional activities abroad for travel to the United States and its possessions without regard to 44 U.S.C. 3702 and 3703; and including employment of American citizens and aliens by contract for services abroad; rental of space abroad for periods not exceeding five years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; advance of funds under contracts abroad; pa3rment of tort claims in the manner authorized in the first paragraph of 28 U.S.C. 2672, when such claims arise in foreign countries; not to exceed $15,()00 for representation expenses abroad; and grants to States or other eligible entities pursuant to 22 U.S.C. 2123 for the purpose of providing financial assistance for States whose tourism promotion needs have increased due to disasters; $19,596,000, to remain available until expended.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES (INCLUDING T R A N S F E R S OF FUNDS)
33 use 851.
For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including acquisition, maintenance, operation, and hire of aircraft; 439 commissioned officers on the active list; as authorized by 31 U.S.C. 1343 and 1344; construction of facilities, including initial equipment as authorized by 33 U.S.C. 883i; and alteration, modernization, and relocation of facilities as authorized by 33 U.S.C. 883i; $1,353,156,000 to remain available until expended, of which $2,200,000 shall be available for construction and renovation of facilities at the Stuttgart Fish Farming Experimental Station, Stuttgart, Arkansas, and to
104 STAT. 2105
acquire equipment and furnishings necessary for such facility which are consistent with the original plan for the facility, and of which $550,000 shall be available for operational expenses at the Stuttgart Fish Farming Experimental Station, Stuttgart, Arkansas, and of which $400,000 shall be available only for a semitropical research facility located at Key Largo, Florida; and in addition, $34,521,000 shall be derived from the Airport and Airways Trust Fund as authorized by 49 U.S.C. 2205(d); and in addition, $60,900,000 shall be derived by transfer from the fund entitled "Promote and Develop Fishery Products and Research Pertaining to American Fisheries"; and in addition, $7,000,000 shall be derived by transfer from the Coastal Energy Impact Fund: Provided, That grants to States pursuant to section 306 and 306(a) of the Coastal Zone Management Act, as amended, shall not exceed $2,000,000 and shall not be less than $450,000: Provided further. That in addition to the sums appropriated elsewhere in this paragraph, not to exceed $500,000 shall be available from the receipts deposited in the fund entitled "Promote and Develop Fishery Products and Research Pertaining to American Fisheries" for grant management and related activities: Provided further. That notwithstanding any other provision of law, $400,000 shall be available to the South Carolina Coastal Council for the Charleston Harbor Estuary Special Area Management Plan.
DAMAGE ASSESSMENT AND RESTORATION REVOLVING FUND
For contingency planning, response and natural resource damage assessment and restoration activities, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Federal Water Pollution Control Act, as amended, the Marine Protection, Research and Sanctuaries Act, as amended, and the Oil Pollution Act of 1990, $5,000,000 to remain available until expended: Provided, That notwithstanding any other provision of law, in fiscal year 1991 and thereafter, sums provided by any party or governmental entity for natural resource damage assessment, response or restoration activities conducted or to be conducted by the National Oceanic and Atmospheric Administration as a result of any injury to the marine environment and/or resources for which the National Oceanic and Atmospheric Administration acts as trustee of said marine environment and/or resources, shall be deposited in the Damage Assessment and Restoration Revolving Fund and said funds so deposited shall remain available until expended: Provided further. That for purposes of obligation and expenditure in fiscal year 1991 and thereafter, sums available in the Damage Assessment and Restoration Revolving Fund may be transferred, upon the approval of the Secretary of Commerce or his delegate, to the Operations, Research, and Facilities appropriation of the National Oceanic and Atmospheric Administration.
FISHERIES PROMOTIONAL FUND
33 USC 2706 ^^-
Of the funds deposited in the Fisheries Promotional Fund pursuant to section 209 of the Fish and Seafood Promotion Act of 1986, as amended, $2,000,000, to remain available until expended, shall be made available as authorized by said Act.
104 STAT. 2106

FISHING VESSEL AND GEAR DAMAGE FUND
For carrying out the provisions of section 3 of Public Law 95-376, not to exceed $1,202,000, to be derived from receipts collected pursuant to 22 U.S.C. 1980 (b) and (f), to remain available until expended.
FISHERMEN'S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95-372, not to exceed $1,000,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.
FOREIGN F I S H I N G OBSERVER FUND
For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), the Magnuson Fishery Conservation and Management Act of 1976, as amended (Public Law 94-265), and the American Fisheries Promotion Act (Public Law 96-561), there are appropriated from the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $1,997,000, to remain available until expended.
PATENT AND TRADEMARK OFFICE SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark Office provided for by law, including defense of suits instituted against the Commissioner of Patents and Trademarks; $91,000,000 of which $88,000,000 shall be derived from deposits in the Patent and Trademark Office Fee Surcharge Fund as authorized by law: Provided, That the amounts made available under the Fund shall not exceed amounts deposited; and such fees as shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, to remain available until expended.
TECHNOLOGY ADMINISTRATION SALARIES A N D EXPENSES
For necessary expenses of the Technology $4,200,000.
Administration,
I N F O R M A T I O N P R O D U C T S A N D SERVICES
Notwithstanding sections 212 (aXlXB) and (aX3) of Public Law 100-519, there may be credited to this account not to exceed $500,000 for modernization, including operating expenses.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards and Technology, $166,228,000, to remain available until expended, of which not to exceed $9,772,000 may be transferred to the "Working
104 STAT. 2107
Capital Fund"; and of which not to exceed $10,095,000 shall be available for construction of research facilities.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Regional Centers for the Transfer of Manufacturing Technology, and the Advanced Technology and State Extension Services programs of the National Institute of Standards and Technology, $49,100,000, to remain available until expended.
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration, $15,252,000, to remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, P L A N N I N G A N D CONSTRUCTION
For grants authorized by section 392 of the Communications Act of 1934, is amended, $21,833,000, to remain available until expended as authorized by section 391 of said Act, as amended: Provided, That not to exceed $1,500,000 shall be available for program administration as authorized by section 391 of the Communications Act of 1934, as amended: Provided further, That notwithstanding the provisions of section 391 of the Communications Act of 1934 as amended, the prior year unobligated balances may be made available for grants for projects for which applications have been submitted and approved during any fiscal year: Provided further, That notwithstanding the provisions of sections 391 and 392 of the Communications Act, as amended, not to exceed $1,000,000 appropriated in this paragraph shall be available for the Pan-Pacific Educational and Cultural Experiments by Satellite program (PEACESAT).
GENERAL PROVISIONSDEPARTMENT OF COMMERCE
SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest. SEC. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). SEC. 103. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that were under the control of the United States Air Force or the United States Air Force Reserve as of June 1,1990.
104 STAT. 2108 13 use 23 note.
gg^-, JQ4 None of the funds provided in this or any previous Act shall be available to reimburse the Unemployment Trust Fund or any other fund or account of the Treasury to pay for any expenses authorized by section 8501 of title 5, United States Code, for services performed after April 20, 1990, by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population. SEC. 105. (a) Funds appropriated by this Act to the National Institute of Standards and Technology of the Department of Commerce for the Advanced Technology Program shall be available for award to companies or to joint ventures under the terms and conditions set forth in subsection 0?) of this section, in addition to any terms and conditions established by rules issued by the Secretary of Commerce. ObXD A company shall be eligible to receive financial assistance from the Secretary of Commerce only if (A) the Secretary of Commerce finds that the company's participation in the Advanced Technology Program would be in the economic interest of the United States, as evidenced by investments in the United States in research, development, and manufacturing (including, for example, the manufacture of major components or subassemblies in the United States); significant contributions to employment in the United States; and agreement with respect to any technology arising from gissistance provided by the Secretary of Commerce to promote the manufacture within the United States of products resulting from that technology (taking into account the goals of promoting the competitiveness of United States industry), and to procure parts and materials from competitive suppliers; and (B) either (i) the company is a United States-owned company; or (ii) the Secretary of Commerce finds that the company has a parent company which is incorporated in a country which affords the United States-owned companies opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those funded through the Advanced Technology Program; affords to United States-owned companies local investment opportunities comparable to those afforded to any other company; and affords adequate and effective protection for the intellectual property rights of United States-owned companies. (2) The Secretary of Commerce may, 30 days after notice to Congress, suspend a company or joint venture from receiving continued assistance through the Advanced Technology Program if the Secretary of Commerce determines that the company, the country of incorporation of the parent company of a company, or the joint venture has failed to satisfy any of the criteria set forth in this subsection, and that it is in the national interest of the United States to do so. (3) As used in this section, the term "United States-owned company" means a company that has a majority ownership or control by individuals who are citizens of the United States. This title may be cited as the "Department of Commerce Appropriations Act, 199r'.
PUBLIC LAW 101-515NOV. 5, 1990 TITLE IIDEPARTMENT OF JUSTICE _ .

G E N E R A L ADMINISTRATION SALARIES AND EXPENSES
104 STAT. 2109 Department of Justice Appropriations

Act, 1991.
For expenses necessary for the administration of the Department of Justice, $100,968,000, of which $970,000 shall remain available until expended: Provided, That not to exceed 11 permanent positions, 12 full-time equivalent workyears, and $1,400,000 shall be expended for the Office of Public Affairs and 18 permanent positions, 21 full-time equivalent workyears, and $2,100,000 shall be expended for the Office of Legislative Affairs: Provided further. That the two aforementioned Offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or nonreimbursable basis, or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis.
OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $25,140,000; including not to exceed $10,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; and for the acquisition, lease, maintenance and operation of motor vehicles without regard to the general purchase price limitation.
For expenses necessary to convert the Department of Justice pa5rroll/personnel system to the Department of Agriculture's National Finance Center payroll/personnel system, not to exceed $3,000,000, to remain available until expended, to be derived from current operating income.
UNITED STATES PAROLE COMMISSION SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission, as authorized by law, $10,051,000.
LEGAL ACTIVITIES SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of the Attorney Genergd and accounted for solely on his certificate; and rent of private or Government-owned space in the District of Columbia; $343,603,000, of which not to exceed $5,639,000 shall be available for the operation of the United States National Central Bureau, INTERPOL; and of which not to exceed $6,000,000 for litigation support contracts shall remain available until September 30, 1992: Provided, That of the funds available in this appropria-
104 STAT. 2110
tion, not to exceed $17,000,000 shall remain available until expended for office automation systems for the legal divisions covered by this appropriation, and for the United States Attorneys, the Antitrust Division, and offices funded through "Salaries and expenses", General Administration. For expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $2,000,000 to be appropriated from the Vaccine Injury Compensation Trust Fund, as authorized by section 6601 of the Omnibus Budget Reconciliation Act of 1989.
SALARIES A N D EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and kindred laws, $53,730,000 of which an estimated $20,000,000 shall be derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) so as to result in a final fiscal year 1991 appropriation of $33,730,000: Provided, That $53,730,000 shall be apportioned and shall be construed as being available for obligation without regard to 31 U.S.C. 1341: Provided further, That fees made available to the Antitrust Division shall remain available until expended but that any fees received in excess of $20,000,000 shall not be available for obligation in fiscal year 1991.
SALARIES A N D EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Office of the United States Attorneys, $673,095,000, of which not to exceed $5,000,000 shall be available until September 30, 1992, for the purposes of (1) providing training of personnel of the Department of Justice in debt collection, (2) providing services related to locating debtors and their property, such as title searches, debtor skiptracing, asset searches, credit reports and other investigations, and (3) paying the costs of sales of property not covered by the sale proceeds, such as auctioneers' fees and expenses, maintenance and protection of property and businesses, advertising and title search and surveying costs: Provided, That of the total amount appropriated, not to exceed $8,000 shall be available for official reception and representation expenses.
UNITED STATES TRUSTEE SYSTEM F U N D
For the necessary expenses of the United States Trustee Program, $64,300,000, to remain available until expended and to be derived from the Fund, for activities authorized by section 115 of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99-554): Provided, That deposits to the Fund are available in such amounts as may be necessary to pay refunds due depositors.
SALARIES A N D EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by 5 U.S.C. 3109, $640,000.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
104 STAT. 2111
For necessary expenses of the United States Marshals Service; including acquisition, lease, maintenance, and operation of vehicles and aircraft; $288,529,000, including purchase of passenger motor vehicles for police-type use without regard to the general purchase price limitation for the current fiscal year as authorized in Public Law 100-690 (102 Stat. 4513); of which not to exceed $12,653,000 for the renovation and construction of Marshals Service prisoner holding facilities shall be available until expended; and of which not to exceed $6,000 shall be available for official reception and representation expenses.
SUPPORT OF UNITED STATES PRISONERS
For support of United States prisoners in the custody of the United States Marshals Service and as authorized in 18 U.S.C. 4013, but not including expenses otherwise provided for in appropriations available to the Attorney General, $193,034,000, to remain available until expended; of which not to exceed $15,000,000 shall be available under the Cooperative Agreement Program.
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems of witnesses, for private counsel expenses, and for per diems in lieu of subsistence, as authorized by law, including advances, $70,628,000, to remain available until expended, of which not to exceed $2,000,000 may be made available for planning, construction, renovation, maintenance, remodeling, and repair of buildings and the purchase of equipment incident thereto for protected witness safesites.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service, established by title X of the Civil Rights Act of 1964, $27,172,000, of which not to exceed $19,614,000 shall remedn available until expended to make pa)anents in advance for grants, contracts and reimbursable agreements and other expenses necessary under section 501(c) of the Refugee Education Assistance Act of 1980 (Public Law 96-422; 94 Stat. 1809) for the processing, care, maintenance, security, transportation and reception and placement in the United States of Cuban and Haitian entrants: Provided, That notwithstanding section 501(eX2)(B) of the Refugee Education Assistance Act of 1980 (Public Law 96-422; 94 Stat. 1810), funds may be expended for assistance with respect to Cuban and Haitian entrants as authorized under section 501(c) of such Act.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(cXlXAXii), (B), (C), (F), and (G), as amended, $100,000,000 to be derived from the Department of Justice Assets Forfeiture Fund.
104 STAT. 2112

INTERAGENCY LAW ENFORCEMENT ORGANIZED CRIME DRUG ENFORCEMENT
For necessary expenses for the detection, investigation, and prosecution of individuals involved in organized crime drug trafficking not otherwise provided for, $328,000,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation: Provided further, That any unobligated balances remaining available at the end of the fiscal year shall revert to the Attorney General for reallocation among participating organizations in the succeeding fiscal year, subject to the reprogramming procedures described in section 606 of this Act.
FEDERAL BUREAU OF INVESTIGATION SALARIES AND EXPENSES
For expenses necessary for detection, investigation, and prosecution of crimes against the United States; including purchase for police-type use of not to exceed 3,136 passenger motor vehicles of which 2,125 will be for replacement only, without regard to the general purchase price limitation for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; $1,687,962,000, of which not to exceed $25,000,000 for automated data processing and telecommunications and $1,000,000 for undercover operations shall remain available until September 30, 1992; of which not to exceed $8,000,000 for research and development related to investigative activities shall remain available until expended; and of which not to exceed $500,000 is authorized to be made available for making payments or advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to terrorism and drug investigations: 28 use 534 note. Provided, That for fiscal year 1991 and hereafter the Director of the Federal Bureau of Investigation may establish and collect fees to process fingerprint identification records and name checks for noncriminal justice, non-law enforcement employment and licensing purposes and for certain employees of private sector contractors with classified Government contracts, and notwithstanding the provisions of 31 U.S.C. 3302, credit such fees to this appropriation to be used for salaries and other expenses incurred in providing these services, and that the Director of the Federal Bureau of Investigation may establish such fees at a level to include an additional amount to establish a fund to remain available until expended to defray expenses for the automation of fingerprint identification services and associated costs: Provided further. That not to exceed $45,000 shall be available for official reception and representation expenses: Provided further. That not to exceed $7,500,000 for a language translation system shall remain available until expended: Provided further. That $10,000,000 previously provided for the relocation of the FBI's Washington Metropolitan Field Office be made
104 STAT. 2113
available for construction of Pod C of the Engineering Research Facility at Quantico, Virginia.
DRUG ENFORCEMENT ADMINISTRATION SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; expenses for conducting drug education programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs; purchase not to exceed 1,293 passenger motor vehicles of which 775 are for replacement only for police-t)T)e use without regard to the general purchase price limitation for the current fiscal year; and acquisition, lease, maintenance, and operation of aircraft; $694,340,000, of which not to exceed $1,800,000 for research shall remain available until expended; and of which not to exceed $4,000,000 for purchase of evidence and payments for information, not to exceed $4,000,000 for contracting for ADP and telecommunications equipment, not to exceed $2,000,000 for technical and laboratory equipment and not to exceed $20,550,000 for the purchase of aircraft and equipment, shall remain available until September 30, 1992; and, of which not to exceed $10,000,000 shall remain available until expended for planning, construction, renovation, maintenance, remodeling, and repair of buildings and the purchase of equipment incident thereto for a new aviation facility: Provided, That not to exceed $45,000 shall be available for official reception and representation expenses.
IMMIGRATION AND NATURALIZATION SERVICE SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on his certificate; purchase for police-type use (not to exceed 504, for replacement only) without regard to the general purchase price limitation for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and research related to immigration enforcement; $884,000,000, of which not to exceed $400,000 for research and $17,188,000 for construction shall remain available until expended: Provided, That none of the funds available to the Immigration and Naturalization Service shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of $25,000: Provided further. That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further, That not to exceed $5,000 shall be available for official reception and representation expenses.
104 STAT. 2114

FEDERAL PRISON SYSTEM SALARIES AND EXPENSES
42 use 250a.
For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 330 of which 90 are for replacement only) and hire of law enforcement and passenger motor vehicles; $1,357,843,000: Provided, That there may be transferred to the Health Resources and Services Administration such amounts as may be necessary, in the discretion of the Attorney General, for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further. That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further. That not to exceed $3,000 shall be available for official reception and representation expenses.
NATIONAL INSTITUTE OF CORRECTIONS
For carrjdng out the provisions of sections 4351-4353 of title 18, United States Code, which established a National Institute of Corrections, $10,007,000, to remain available until expended.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facilities; purchase, leasing the Oklahoma City Airport Trust Facility, and acquisition of facilities and remodeling and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $374,358,000, to remain available until expended: Provided, That labor of United States prisoners may be used for work performed under this appropriation: Provided further. That not to exceed 10 per centum of the funds appropriated to "Buildings and Facilities" in this Act or any other Act may be transferred to "Salaries and expenses", Federsd Prison System upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the Senate in compliance with provisions set forth in section 606 of this Act.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts ind commitments, without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, is may be necessary in carr3dng out the program set forth in the budget for the current fiscal year for such corporation, including purchase of (not to exceed five for replace- o ment only) and hire of passenger motor vehicles.

UMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED
104 STAT. 2115
Not to exceed $3,167,000 of the funds of the corporation shall be available for its administrative expenses for services as authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be determined in accordance with the corporation's prescribed accounting system in effect on July 1, 1946, and such amount shall be exclusive of depreciation, pa5mient of claims, and expenditures which the said accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest.
ADMINISTRATIVE PROVISION
Federal Prison Industries, Inc., is authorized and directed to enter Government into a contract to carry out an independent market study at a cost contracts. not to exceed $250,000. The study shall be conducted by a private sector market analysis firm, that is not affiliated in any way with the Federal Prison Industries or the Bureau of Prisons. Federal Reports Prison Industries is directed to report the results of this study to Congress not later than nine (9) months from the enactment (or effective date) of this Act. The study shall include an analysis and appropriate recommendations to Congress concerning the following: (1) identify potential new product lines for prison-made products, which will have a minimal impact on the private sector; (2) analyze the impact that Federal Prison Industries has had on certain private sector industries (furniture, textiles, printing, electronics and apparel) in terms of production levels, employment levels, and annual sales to Federal Government departments and agencies; (3) provide, after consulting with the Department of Labor and the Department of Commerce, an estimate of the number of jobs displaced in the private sector (on an industry-by-industry basis) by the operation of Federal Prison Industries; (4) analyze whether Federal departments and agencies should consider placing limits on the market share that Federal Prison Industries can obtain in specific products or product lines; and (5) determine whether the current law governing Federal procurement from the Federal Prison Industries should be retained or revised.
OFFICE OF JUSTICE PROGRAMS
JUSTICE A S S I S T A N C E
For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Missing Children's Assistance Act, as amended by the Anti-Drug Abuse Act of 1988, including salaries and expenses in connection therewith, $87,916,000, to remain available until expended as authorized by section 6093 of Public Law 100-690 (102 Stat. 4339-4340). In addition, for grants, contracts, cooperative agreements, and other assistance authorized by parts D and E of title I of the
104 STAT. 2116
Federal Register, publication. Intergovernmental relations. Cuba. Grant programs. Intergovernmental relations. Cuba.
Omnibus Crime Control and Safe Streets Act of 1968, as amended, for the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, including salaries and expenses in connection therewith, $475,000,000, to remain available until expended as authorized by section 6093 of Public Law 100-690 (102 Stat. 4339-4340), and in addition, $17,000,000, to remain available until expended, shall be available to the Director of the Federal Bureau of Investigation for the National Crime Information Center 2000 project: Provided, That notwithstanding any other provision of law, the grant limitation established in Section 504(f) of part D of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by Public Law 100-690 (102 Stat. 4333), is hereby waived for fiscal year 1991 for grants awarded to state and local governments for the purpose of participating in the multi-jurisdictional drug task forces. In addition, for grants, contracts, cooperative agreements, and other assistance authorized by title II of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, including salaries and expenses in connection therewith, $75,300,000, to remain available until expended as authorized by section 261(a), part D, of said Act (42 U.S.C. 5671(a)), of which $3,500,000 is for expenses authorized by part D of title II of said Act. In addition, $4,963,000 for the purpose of making grants to States for their expenses by reason of Mariel Cubans having to be incarcerated in state facilities for terms requiring incarceration for the full period October 1, 1990, through September 30, 1991, following their conviction of a felony committed after having been paroled into the United States by the Attorney General: Provided, That within thirty days of enactment of this Act the Attorney General shall announce in the Federal Register that this appropriation will be made available to the States whose Governors certify by February 1, 1991, a listing of names of such Mariel Cubans incarcerated in their respective facilities: Provided further. That the Attorney General, not later than April 1, 1991, will complete his review of the certified listings of such incarcerated Mariel Cubans, and make grants to the States on the basis that the certified number of such incarcerated persons in a State bears to the total certified number of such incarcerated persons: Provided further, That the amount of reimbursements per prisoner per annum shall not exceed $12,000.
PUBUC SAFETY OFFICERS BENEFITS
For payments authorized by part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as are necessary, to remain available until expended as authorized by section 6093 of Public Law 100-690 (102 Stat. 43394340).
GENERAL PROVISIONSDEPARTMENT OF JUSTICE
SEC. 201. A total of not to exceed $30,000 from funds appropriated to the Department of Justice in this title shall be available only for official reception and representation expenses in accordance with distributions, procedures, gind regulations established by the Attorney Greneral. SEC. 202. (a) Subject to subsection (b) of this section, authorities contained in Public Law 96-132, "The Eiepartment of Justice Appropriation Authorization Act, Fiscal Year 1980", shall remain in effect until the termination date of this Act or until the effective date of a
104 STAT. 2117
Department of Justice Appropriation Authorization Act, whichever is earlier. (b)(1) During fiscal year 1991 with respect to any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration which is necessary for the detection and prosecution of crimes against the United States or for the collection of foreign intelligence or counterintelligence (A) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, without regard to section 1341 of title 31 of the United States Code, section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third undesignated paragraph under the heading of "Miscellaneous" of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), section 3324 of title 31 of the United States Code, section 3741 of the Revised Statutes (41 U.S.C. 22), and subsections (a) and (c) of section 304 of the Federal Property and Administrative Service Act of 1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c)), (B) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used to establish or to acquire proprietary corporations or business entities as part of an undercover investigative operation, and to operate such corporations or business entities on a commercial basis, without regard to section 9102 of title 31 of the United States Code, (C) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration for fiscal year 1991, and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to section 648 of title 18 of the United States Code and section 3302 of title 31 of the United States Code, and (D) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to section 3302 of title 31 of the United States Code, only, in operations designed to detect and prosecute crimes against the United States, upon the written certification of the Director of the Federal Bureau of Investigation (or, if designated by the Director, a member of the Undercover Operations Review Committee established by the Attorney General in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations, as in effect on July 1, 1983) or the Administrator of the Drug Enforcement Administration, as the case may be, and the Attorney General (or, with respect to Federal Bureau of Investigation undercover operations, if designated by the Attorney General, a member of such Review Committee), that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation. If the undercover operation is designed to collect foreign intelligence or counterintelligence, the cerification that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation shall be by the Director of the Federal Bureau of Investigation (or, if designated
104 STAT. 2118
by the Director, the Assistant Director, Intelligence Division) and the Attorney General (or, if designated by the Attorney General, the Counsel for Intelligence Policy), Such certification shall continue in effect for the duration of such undercover operation, without regard to fiscal years. (2) As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under subparagraphs (C) and (D) of subsection (a) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts. Reports. (3) If a corporation or business entity established or acquired as part of an undercover operation under subparagraph (B) of paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Federal Bureau of Investigation or the Drug Enforcement Administration, as much in advance as the Director or the Administrator, or the designee of the Director or the Administrator, determines is practicable, shall report the circumstances to the Attorney General and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. Reports. (4)(A) The Federal Bureau of Investigation or the Drug Enforce28 use 533 note, ment Administration, as the case may be, shall conduct a detailed financial audit of each undercover investigative operation which is closed in fiscal year 1991 (i) submit the results of such audit in writing to the Attorney General, and (ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. (B) The Federal Bureau of Investigation and the Drug Enforcement Administration shall each also submit a report annually to the Congress specifying is to their respective undercover investigative operations (i) the number, by programs, of undercover investigative operations pending as of the end of the one-year period for which such report is submitted, (ii) the number, by programs, of undercover investigative operations commenced in the one-year period preceding the period for which such report is submitted, and (iii) the number, by programs, of undercover investigative operations closed in the one-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information pertaining to (I) the results, (II) any civil claims, and (III) identification of such sensitive circumstances involved, that arose at any time during the course of such undercover operation. 28 use 533 note. (5) For purposes of paragraph (4)
104 STAT. 2119
(A) the term "closed" refers to the earliest point in time at which (i) all criminal proceedings (other than appeals) are concluded, or (ii) covert activities are concluded, whichever occurs later. (B) the term "employees" means employees, as defined in section 2105 of title 5 of the United States Code of the Federal Bureau of Investigation, and (C) the terms "undercover investigative operations" and "undercover operation" mean any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration (other than a foreign counterintelligence undercover investigative operation) (i) in which (I) the gross receipts (excluding interest earned) exceed $50,000, or (II) expenditures (other than expenditures for salaries of employees) exceed $150,000, and (ii) which is exempt from section 3302 or 9102 of title 31 of the United States Code, except that clauses (i) and (ii) shall not apply with respect to the report required under subparagraph (B) of such paragraph. SEC. 203. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. SEC. 204. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. SEC. 205. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 204 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. SEC. 206. Pursuant to the provisions of law set forth in 18 U.S.C. 3071-3077, not to exceed $100,000 of the funds appropriated to the Department of Justice in this title shall be available for rewards to individuals who furnish information regarding acts of terrorism against a United States person or property. SEC. 207. Section 504(aXl) of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 6091 of the Anti-Drug Abuse Act of 1988, and as amended by section 211 of the Department of Justice Appropriations Act, 1990, is amended by striking "1990" and inserting in lieu thereof "1991". SEC. 208. Deposits transferred from the Assets Forfeiture Fund to the Buildings and Facilities account of the Federal Prison System in 1989 may be used for the construction of correctional institutions, and the construction and renovation of Immigration and Naturalization Service and United States Marshals Service detention facilities, and for the authorized purposes of the Support of United States Prisoners' Cooperative Agreement Program.
Abortion.
Abortion.
42 use 3754.
104 STAT. 2120
SEC. 209. None of the funds transferred from the Assets Forfeiture Fund of the Department of Justice and deposited in the Special Forfeiture Fund of the Office of National Drug Control Policy, and none of the funds made available by this Act, shall be available for personnel expenses, construction, acquisition of equipment or real property, or any related expenses for a National Drug Intelligence Center. SEC. 210. (a) Section 286 of the Immigration and Nationality Act of 1952 (8 U.S.C. 1356), as amended, is further amended (1) by inserting in subsection (e)(1), after the word "passenger" the phrase ", other than aircraft passengers,"; Air rates and (2) by inserting ", except the fourth quarter payment for fees ^^^'^collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall include any collections made in the preceding quarter that were not remitted with the previous payment" after the words "in which fees are collected" in subsection (fK3); (3) by inserting ", within forty-five minutes of their presentation for inspection," after the word "provided" and before the words "when needed" in subsection (g); (4) by striking the first two sentences of subsection (h)(1)(A) and inserting "There is established in the general fund of the Treasury a separate account which shall be known as the 'Immigration User Fee Account'. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the Immigration User Fee Account all fees collected under subsection (d) of this section, to remain available until expended" before the words "At the end of each 2-year period". (5) by replacing the previously repealed subsection (1) with the following new subsection "(1) REPORT TO CONGRESS.In addition to the reporting requirements established pursuant to subsection (h), the Attorney General shall prepare and submit annually to the Congress, not later than March 31st of each year, a statement of the financial condition of the 'Immigration User Fee Account' including beginning account balance, revenues, withdrawals and their purpose, ending balance, projections for the ensuing fiscal year and a full and complete workload analysis showing on a port by port basis the current and projected need for inspectors. The statement shall indicate the success rate of the Immigration and Naturalization Service in meeting the forty-five minute inspection standard and shall provide detailed statistics regarding the number of passengers inspected within the standard, progress that is being made to expand the utilization of United States citizen by-pass, the number of passengers for whom the standard is not met and the length of their delay, locational breakdown of these statistics and the steps being taken to correct any nonconformity.". 8 use 1356 note. (b) The amendment made by subsection (a)(1) of this section shall apply to fees charged only with respect to immigration inspection or preinspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30,1990. (c) Pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, the amendments made by this section which transfer receipts from one fiscal year to
104 STAT. 2121
the next are a necessary (but secondary) result of a significant policy change. (d) Section 286 of the Immigration and Nationality Act of 1952 (8 U.S.C. 1356), as amended, is further amended (1) by inserting in subsection (m), after the phrase "shall be deposited" the phrase "as offsetting receipts"; (2) by inserting in subsection (m), after the phrase "the treasury of Guam" the following: ": Provided further, That fees for Immigration, providing adjudication and naturalization services may be set at a level that will ensure recovery of the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants. Such fees may also be set at a level that will recover any additonal costs associated with the administration of the fees collected"; (3) by inserting a new subsection after subsection (p) as follows:
"(q) LAND BORDER INSPECTION FEE ACCOUNT.(1) Notwithstanding
any other provision of law, the Attorney General is authorized to establish, by regulation, a project under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such project may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attorney General. "(2) All of the fees collected under this subsection shall be deposited as offsetting receipts in a separate account within the general fund of the Treasury of the United States, to remain available until expended. Such account shall be known as the Land Border Inspection Fee Account. "(3)(A) The Secretary of Treasury shall refund, at least on a quarterly basis amounts to any appropriations for expenses incurred in providing inspection services at land border points of entry. Such expenses shall include "(i) the providing of overtime inspection services; "(ii) the expansion, operation and maintenance of information systems for nonimmigrant control; "(iii) the hire of additional permanent and temporary inspectors; ' (iv) the minor construction costs associated with the addition of new traffic lanes (with the concurrence of the General Services Administration); "(v) the detection of fraudulent documents used by passengers travelling to the United States; "(vi) providing for the administration of said account. "(B) The amounts required to be refunded from the Land Border Inspection Fee Account for fiscal years 1992 and thereafter shall be refunded in accordance with estimates made iij the budget request of the Attorney General for those fiscal years: Provided, That any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 606 of Public Law 101-162, "(4) The Attorney General will prepare and submit annually to the Congress statements of financial condition of the Land Border Immigration Fee Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.
39-194 O - 91 - 25 : QL 3 Part 3
104 STAT. 2122

Termination date. Effective date.
Iowa Power, Inc. Redlands, Inc.
National C!ommission to Support Law Enforcement Act. 42 u s e 3721 note.
Establishment.
"(5XA) The program authorized in this subsection shall terminate on September 30, 1993, unless further authorized by an Act of Congress. "(B) The provisions set forth in this subsection shall take effect 30 days after submission of a written plan by the Attorney General detailing the proposed implementation of the project specified in subsection (qXl). "(C) If implemented, the Attorney General shall prepare and submit on a quarterly basis, until September 30, 1993, a status report on the land border inspection project.". SEC. 211. (A) Notwithstanding any other provision of law, in the specific case involving the Iowa Power Inc. and Redlands, Inc. ownership within the proposed Walnut Creek NWR, condemnation is authorized to determine the just compensation of the Iowa Power Inc. and Redlands Inc. lands, provided there is agreement by both parties involved. (B)(a) This subsection may be cited as the "National Commission to Support Law Enforcement Act". (b) The Congress finds that (1) law enforcement officers risk their lives daily to protect citizens, for modest rewards and too little recognition; (2) a significant shift has occurred in the problems that law enforcement officers face without a corresponding change in the support from the Federal Government; (3) law enforcement officers are on the front line in the war against drugs and crime; (4) the rate of violent crime continues to increase along with the increase in drug use; (5) a large percentage of individuals arrested test positive for drug usage; (6) the Presidential Commission on Law Enforcement and the Administration of Justice of 1965 focused attention on many issues affecting law enforcement, and a review twenty-five years later would help to evaluate current problems, including drugrelated crime, violence, racial conflict, and decrease funding; and (7) a comprehensive study of law enforcement issues, including the role of the Federal Government in supporting law enforcement officers, working conditions, and responsibility for crime control would assist in redefining the relationships between the Federal Government, the public, and law enforcement officials. (c) There is established a national commission to be known as the "National Commission to Support Law Enforcement" (referred to in this section as the "Commission"). (d) The Commission shall study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels, including the following: (1) The sufficiency of funding, including a review of grant programs at the Federal level. (2) The conditions of law enforcement employment. (3) The effectiveness of information-sharing systems, intelligence, infrastructure, and procedures among law enforcement agencies of Federeil, State, and local governments. (4) The status of law enforcement research and education and training.
104 STAT. 2123
(5) The adequacy of equipment, physical resources, and human resources. (6) The cooperation among Federal, State, and local law enforcement agencies. (7) The responsibility of governments and law enforcement agencies in solving the crime problem. (8) The impact of the criminal justice system, including court schedules and prison overcrowding, on law enforcement. (e) The Commission shall conduct surveys and consult with focus groups of law enforcement officers, local officials, and community leaders across the Nation to obtain information and seek advice on important law enforcement issues. (f) The Commission shall be composed of 19 members as follows: (1) Five individuals from national law enforcement organizations representing law enforcement officers and management, appointed jointly by the Speaker of the House of Representatives and the majority leader of the Senate. (2) Five individuals from national law enforcement organizations representing law enforcement officers and management, appointed jointly by the minority leader of the House of Representatives and the minority leader of the Senate. (3) Two individuals with academic expertise regarding law enforcement issues, appointed by the President. (4) Two Members of the House of Representatives, appointed jointly by the Speaker and the minority leader of the House of Representatives. (5) Two Members of the Senate, appointed jointly by the majority leader and the minority leader of the Senate. (6) One individual involved in Federal law enforcement from the Department of the Treasury, appointed by the President. (7) One individual from the Department of Justice, appointed by the President. (8) The Comptroller General of the United States, who shall serve as the chairperson of the Commission. (g)(1) Members of the Commission shall receive no additional pay, allowance, or benefit by reason of service on the Commission. (2) Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (i) Upon request of the Commission, the head of any Federal agency is authorized to detail, on non-reimbursable basis, any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this section. (j) The Administrator of General Services shall provide to the Commission administrative support services as the Commission may request. (k) The Commission may, for purposes of this section, hold hearings, sit and act at the times and places, take testimony, and receive evidence, as the Commission considers appropriate. (1) Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section. (m) The Commission may secure directly from any Federal agency information necessary to enable it to carry out this section. Upon request of the chairperson of the Commission, the head of an agency
104 STAT. 2124
Reports.
Termination date.
shall furnish the information to the Commission to the extent permitted by law. (n) The Commission may accept, use, and dispose of gifts or donations of services or property. (o) The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (p) Not later than the expiration of the eighteen-month period beginning on the date of the enactment of this Act, the Commission shall submit to the Congress a report containing the findings of the Commission and specific proposals for legislation and administrative actions that the Commission has determined to be appropriate. (q) The Commission shall cease to exist upon the expiration of the sixty-day period beginning on the date on which the Commission submits its report under subsection (p). SEC. 212. (a) Notwithstanding any other provision of law, for fiscal years 1991 and 1992, the provisions of the Office of Management and Budget Circular A-76 and any similar provisions in any other order or directive shall not apply to activities conducted by the Federal Bureau of Prisons, Federal Bureau of Investigation, Drug Enforcement Administration, Immigration and Naturalization Service, United States Attorneys, United States Marshals Service, the Office of Justice Programs, the Office of Inspector General, and any of the litigating activities of the Department of Justice, unless such provisions are specifically approved by an Act of Congress. (b) For fiscal years 1991 and 1992, no reduction in resources for the Justice Department activities described in subsection (a) shall be effected pursuant to the provisions of the Office of Management and Budget Circular A-76 or any similar provision in any other order or directive unless specifically provided therefore by an Act of Congress. This title may be cited as the "Department of Justice Appropriations Act, 1991". TITLE IIIDEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS SALARIES AND EXPENSES
Department of State Appropriations Act, 1991.
For necessary expenses of the Department of State and the Foreign Service, not otherwise provided for, including obligations of the United States abroad pursuant to treaties, international agreements and binational contracts and expenses authorized by section 9 of the Act of August 31, 1964, as amended (31 U.S.C. 3721), and section 2 of the State Department Basic Authorities Act of 1956, is amended (22 U.S.C. 2669); representation to certain international organizations in which the United States participates pursuant to treaties, ratified pursuant to the advice and consent of the Senate, or specific Acts of Congress; acquisition by exchange or purchase of passenger motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674, $1,860,017,000, of which not to exceed $2,000,000 may be available for rewards, and to publicize the availability of rewards, as authorized by section 36 of the State Department Basic Authorities Act, as amended (22 U.S.C. 2708), and in addition not to exceed $500,000 in registration fees collected pursuant to section 38 of the Arms Export Control Act, is amended, may be used in accordance with section 45 of the State Department Basic Authorities Act of
104 STAT. 2125
1956 (section 118 of Public Law 101-246), and in addition not to exceed $1,013,000 shall be derived from fees from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act (Public Law 90-553) (as amended by section 120 of Public Law 101246), and in addition not to exceed $15,000 shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities in accordance with section 46 of the State Department Basic Authorities Act of 1956 (section 119 of public Law 101-246), and of: the total amount appropriated in this paragraph, $350,000 may be available for the purpose of preparations for the 1992 United Nations Conference on Environment and Development: Provided, That the obligation of funds for the Department of State Telecommunications Network (DOSTN) shall be subject to the reprogramming provisions of section 606 of this Act: Provided further, That the Reports. Secretary of State shall submit a report to the appropriate committees of the Congress not later than December 1, 1990, which justifies the requirement for the Department of State Telecommunications Network (DOSTN).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), $21,840,000.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by section 905 of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,600,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services in accordance with the provisions of section 214 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4314), and to provide for the protection of foreign missions in accordance with the provisions of 3 U.S.C. 208, $9,100,000.
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
For necessary expenses for carrying out the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the Diplomatic Security Construction Program as authorized by title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851), $227,656,000, to remain available until expended as authorized by 22 U.S.C. 2696(c): Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture and furnishings and generators for other departments and agencies.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service pursuant to the requirement of 31 U.S.C. 3526(e), $4,888,000,
104 STAT. 2126
to remain available until expended as authorized by 22 U.S.C. 2696(c).

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act, Public Law 96-8 (93 Stat. 14), $11,752,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and Disability Fund, as authorized by law, $108,576,000.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
22 use 269a "*'
For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $787,605,000: Provided, That none of the funds appropriated in this paragraph shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For payments, not otherwise provided for, by the United States for expenses of the United Nations peacekeeping forces, as authorized by law, $115,000,000.
INTERNATIONAL CONFERENCES A N D CONTINGENCIES
For necessary expenses authorized by section 5 of the State Department Basic Authorities Act of 1956, contributions for the United States share of general expenses of international organizations and representation to such organizations as provided for by 22 U.S.C. 2656 and 2672 and personal services without regard to civil service and classification laws as authorized by 5 U.S.C. 5102, $7,300,000, to remain available until expended as authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be expended for representation as authorized by 22 U.S.C. 4085.
INTERNATIONAL COMMISSIONS
22 use 269a "**-
For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows:
I N T E R N A T I O N A L BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and
104 STAT. 2127
Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows:
For salaries and expenses, not otherwise provided for, $10,500,000.

CONSTRUCTION
For detailed plan preparation and construction of authorized projects, $10,000,000, to remain available until expended as authorized by 22 U.S.C. 2696(c).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for including not to exceed $9,000 for representation expenses incurred by the International Joint Commission, $4,400,000; for the International Joint Commission and the International Boundary Commission, as authorized by treaties between the United States and Canada or Great Britain.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $12,147,000, to be available notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956, as amended: Provided, That the United States share of such expenses may be advanced to the respective commissions, pursuant to 31 U.S.C. 3324.
OTHER UNITED STATES BILATERAL SCIENCE AND TECHNOLOGY AGREEMENTS
For necessary expenses, not otherwise provided, for Bilateral Science and Technology Agreements, as authorized by section 403 of Public Law 101-179 and section 105 of Public Law 101-246, $4,500,000, to remain available until expended as authorized by 22 U.S.C. 2696(c).
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by section 501 of Public Law 101-246, $13,978,000, to remain available until expended as authorized by 22 U.S.C. 2696(c).
SOVIET-EAST EUROPEAN RESEARCH AND TRAINING
For expenses, not otherwise provided for, to enable the Secretary of State to carry out the provisions of title VIII of Public Law 98-164, $4,600,000.
F I S H E R M E N ' S G U A R A N T Y FUND
For expenses necessary to carry out the provisions of section 7 of the Fishermen's Protective Act of 1967, as amended, $900,000 of
104 STAT. 2128
which $450,000 shall be derived from the receipts collected pursuant to that Act, to remain available until expended.
FISHERMEN'S PROTECTIVE FUND
For expenses necessary to carry out the provisions of the Fishermen's Protective Act of 1967, as amended, $500,000.
GENERAL PROVISIONSDEPARTMENT OF STATE
SEC. 301. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of 5 U.S.C; for services as authorized by 5 U.S.C. 3109; and hire of passenger transportation pursuant to 31 U.S.C 1343(b). SEC. 302. (a) Not to exceed .5 per centum of the appropriation. Administration of Foreign Affairs, "Salaries and expenses' may be transferred to Administration of Foreign Affairs, "Emergencies in the Diplomatic and Consular Service" or International Organizations and Conferences, "International Conferences and Contingencies" but no such appropriation shall be increased by more than 35 per centum by any such transfer: Provided, That the Department shall follow the normal reprogramming procedures of the Senate and House Appropriations Committees before obligating or expending any funds so transferred. (h) Funds appropriated in this Act under the heading "Contributions to International Organizations" for payment to the United Nations or any of its specialized agencies, which are not made available to the United Nations or any such specialized agency due to the operation of any provision of this or any other Act, may be transferred to any account under the heading "Administration of Foreign Affairs", notwithstanding any other provision of law: Provided, That the Department shall follow the normal reprogramming procedures of the Senate and House Appropriations Committees before obligating or expending any funds so transferred. SEC. 303. None of the funds provided by this Act shall be available to the Department of State to produce the semiannual report as required under section 5 of Public Law 94-304. SEC. 304. (a) Section 303 of the Department of State Appropriations Act, 1988 (as contained in section 101(a) of Public Law 100-202 22 use 276 note, (as amended by section 303(a) of Public Law 100-459)) is amended in the first sentence (1) by striking out "$340,000" and inserting in lieu thereof "$440,000"; and (2) by striking out "section 109(c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 and inserting in lieu thereof: "section 109 (b) and (c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 . (b) Section 109(b) of the Department of State Authorization Act, 22 use 276 note. Fiscal Years 1984 and 1985, is amended (1) by striking out "Of the amount" through "Spring 1984" and inserting in lieu thereof: "There are authorized to be appropriated each fiscal year $50,000, to be equally divided between delegations of the Senate and the House of Representatives, to assist in"; (2) by inserting after "meeting" the following: "the expenses of the United States Group";
104 STAT. 2129
(3) by striking out "which" through "United States"; and (4) by inserting the following sentence at the end thereof: "Amounts appropriated under this section are authorized to remain available until expended.". (c) MEXICO.Section 2 of Public Law 86-420 is amended (1) by striking out "$50,000" and inserting in lieu thereof "$100,000"; and (2) by striking out "$25,000" both places it appears and inserting in lieu thereof "$50,000". This title may be cited as the "Department of State Appropriations Act, 1991".
TITLE I V T H E JUDICIARY
S U P R E M E COURT O F THE U N I T E D STATES SALARIES AND EXPENSES
22 use 276i.
The Judiciary Appropriations

Act, 1991.
For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve; $19,029,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $3,453,000, of which $1,106,000 shall remain available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $9,711,000.
UNITED STATES COURT OF INTERNATIONAL TRADE SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries of the officers and employees of the court, services as authorized by 5 U.S.C. 3109, and necessary expenses of the court, as authorized by law, $8,721,000.
104 STAT. 2130

C!ouRTS OF
APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES SALARIES AND EXPENSES
For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the Claims Court, bankruptcy judges, magistrates, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, and necessary expenses of the courts, as authorized by law, $1,589,124,000 (including the purchase of firearms and ammunition); of which not to exceed $61,045,000 shall remain available until expended for space alteration projects; and of which $500,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other legal reference materials, including subscriptions; and for expenses of the Claims C!ourt associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $1,500,000 to be appropriated from the Vaccine Injury Compensation Trust Fund, as authorized by section 6601 of the Omnibus Budget Reconciliation Act of 1989.
DEFENDER SERVICES
For the operation of Federsd Public Defender and Community Defender organizations, the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964, as amended, the compensation and reimbursement of expenses of persons furnishing investigative, expert and other services under the (Ilriminal Justice Act (18 U.S.C. 3006A(e)), the compensation (in accordance with Criminal Justice Act msiximums) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel, the compensation and reimbursement of travel expenses of guardians ad litem acting on behalf of financially eligible minor or incompetent offenders in connection with transfers from the United States to foreign countries with which the United States has a treaty for the execution of penal sentences, and the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d), $132,761,000, to remain available until expended as authorized by 18 U.S.C. 3006A(i).
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)); $57,997,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the
104 STAT. 2131
highest rate payable under section 5332 of title 5, United States Code: Provided further. That not to exceed $81,000 of the amounts appropriated herein shall be transferred to "Salaries and expenses", United States Court of International Trade, and not to exceed $4,919,000 of the amounts appropriated herein shall be transferred to "Salaries and expenses", Courts of Appeals, District Courts, and Other Judicial Services.
COURT SECURITY
For necessary expenses, not otherwise provided for, incident to the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress-egress control, inspection of packages, directed security patrols, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100-702); $71,261,000, to be expended directly or transferred to the United States Marshals Service which shall be responsible for administering elements of the Judicial Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District of Columbia and elsewhere, $37,400,000, of which not to exceed $5,000 is authorized for official reception and representation expenses.
FEDERAL JUDICIAL CENTER SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, $13,918,000.
JUDICIAL RETIREMENT FUNDS PAYMENT TO JUDICIAL OFFICERS' RETIREMENT AND JUDICIAL SURVIVORS' ANNUITY FUNDS
For payment to the Judicial Officers' Retirement Fund as authorized by Public Law 100-659, and to the Judicial Survivors Annuity Fund, as authorized by Public Law 99-336, $5,000,000.
UNITED STATES SENTENCING COMMISSION SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $8,422,000.
104 STAT. 2132

GENERAL PROVISIONSTHE JUDICIARY
28 use 1913 note.
Public information.
SEC. 401. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. SEC. 402. Appropriations made in this title shall be available for salaries and expenses of the Temporary Emergency Court of Appeals authorized by Public Law 92-210 and the Special Court established under the Regional Rail Reorganization Act of 1973, Public Law 93-236. SEC. 403. Appropriations made in this title which are available for salaries and expenses shall be available, notwithstanding the limitations in 31 U.S.C. section 1345, for the Judicial Conference of the United States to sponsor and host the Fifth International Appellate Judges Conference in the United States: Provided, That an amount shall be available only if the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of any obligation or expenditure. The Judicial Conference may supplement such appropriations with other funds made available by any department or agency for the purposes of technical foreign aid, educational and cultural programs with the people of foreign countries, or commemorating the bicentennial anniversary of the United States Constitution and the Bill of Rights: Provided, That any supplementation shall be only for the expenses of the Fifth International Appellate Judges Conference. The Director of the Administrative Office may also accept and utilize gifts of funds, to be deposited as a special deposit account in the Treasury, for the expenses of the Fifth International Appellate Judges Conference for reimbursement of appropriations or direct expenditure, provided that any unexpended balance of the special deposit account shall be returned to the donor or donors. For the purpose of the conference, the Director is authorized to pay for local travel and incidental expenses of foreign participants and dependent members of their immediate household, to pay for per diem to such persons in lieu of subsistence at rates prescribed by the Director, and to conduct and pay for the activities set forth in subsections (1), (2), (9), (15), and (18) of section 804 of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. section 1474). Appropriations for commemorating the bicentennial or for salaries and expenses of the Judiciary shall not be made available by this section for the travel and incidental expenses of dependents. Nothing in this section precludes payment for the travel and other expenses of foreign participants and their dependents by any other department or agency, or by the Director on their behalf, as authorized by law. SEC. 404. (a) The Judicial Conference shall prescribe reasonable fees, pursuant to sections 1913, 1914, 1926, and 1930 of title 28, United States Code, for collection by the courts under those sections for access to information available through automatic data processing equipment. These fees may distinguish between classes of persons, and shall provide for exempting persons or classes of persons from the fees, in order to avoid unreasonable burdens and to promote public access to such information. The Director, under the direction of the Judicial Conference of the United States, shall prescribe a schedule of reasonable fees for electronic access to
104 STAT. 2133
information which the Director is required to maintain and make available to the public. (b) The Judicial Conference and the Director shall transmit each schedule of fees prescribed under paragraph (a) to the Congress at least 30 days before the schedule becomes effective. All fees hereafter collected by the Judiciary under paragraph (a) as a charge for services rendered shall be deposited as offsetting collections to the Judiciary Automation Fund pursuant to 28 U.S.C. 612(c)(1)(A) to reimburse expenses incurred in providing these services. This title may be cited as "The Judiciary Appropriations Act, 1991". TITLE VRELATED AGENCIES DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION OPERATING-DIFFERENTIAL SUBSIDIES (UQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operating-differential subsidies as authorized by the Merchant Marine Act, 1936, as amended, $261,200,000, to remain available until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities authorized by law, $69,000,000, to remain available until expended, and in addition $1,100,000 shall be derived from unobligated balances of "Ship Construction": Provided, That reimbursements may be made to this appropriation from receipts to the "Federal Ship Financing Fund" for administrative expenses in support of that program in addition to any amount heretofore appropriated: Provided further. That the unexpended balances of the appropriation "Research and Development' shall be transferred to and merged with this appropriation.
READY RESERVE FORCE
For necessary expenses to acquire and maintain a surge shipping capability in the National Defense Reserve Fleet in an advanced state of readiness and related programs, $225,000,000, to remain available until expended: Provided, That reimbursement may be made to the Operations and Training appropriation for expenses related to this program.
104 STAT. 2134

4

ADMINISTRATIVE PROVISIONSMARITIME ADMINISTRATION
Government procurement. Government property.
Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefor shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriation Act, and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the Treasury as miscellaneous receipts.
ADVISORY COMMISSION ON CONFERENCES IN OCEAN SHIPPING SALARIES AND EXPENSES
For necessary expenses of the Advisory Commission on Conferences in Ocean Shipping, including services as authorized by section 18(d) of Public Law 98-237, $500,000, to remain available until expended.
ARMS CONTROL AND DISARMAMENT AGENCY ARMS CONTROL AND DISARMAMENT ACTIVITIES
For necessary expenses, not otherwise provided for, for arms control and disarmament activities, including not to exceed $75,000 for official reception and representation expenses, authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), $37,040,000.
BOARD FOR INTERNATIONAL BROADCASTING GRANTS AND EXPENSES
For expenses of the Board for International Broadcasting, including grants to Radio Free Europe/Radio Liberty, Incorporated as authorized by the Board for International Broadcasting Act of 1973, as amended (22 U.S.C. 2871-2883), $197,750,000 of which not to exceed $52,000 may be made available for official reception and representation expenses as authorized by section 304(a)(8) of the Board for International Broadcasting Act of 1973, as amended.
CHRISTOPHER COLUMBUS QUINCENTENARY JUBILEE COMMISSION
SALARIES A N D EXPENSES
For the necessary expenses of the Christopher Columbus Quincentenary Jubilee Commission as authorized by Public Law 98375, $214,000, to remain available until December 31, 1993 as au-
104 STAT. 2135
thorized by section 11(b) of said Act, as amended by section 8 of Public Law 100-94.
COMMISSION ON AGRICULTURAL WORKERS SALARIES AND EXPENSES
For necessary expenses of the Commission on Agricultural Workers as authorized by section 304 of Public Law 99-603 (100 Stat. 3431-3434), $1,457,000, to remain available until expended.
COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES CONSTITUTION SALARIES AND EXPENSES
For necessary expenses of the Commission on the Bicentennial of the United States Constitution as authorized by Public Law 98-101 (97 Stat. 719-723), $14,973,000, to remain available until expended: Provided, That in carr)dng out the purposes of this Act, the (Commission is authorized to enter into contracts, grants, or cooperative agreements as directed by the Federal Grant and Cooperative Agreement Act of 1977 (92 Stat. 3; 31 U.S.C. 6301): Provided further, That of the amount appropriated, $4,699,000 is for carrying out the provisions of Public Law 99-194, including $3,299,000 for implementation of the National Bicentennial Competition on the Constitution and the Bill of Rights and $1,400,000 for educational programs about the Constitution and the Bill of Rights below the university level as authorized by such Act.
COMMISSION ON CIVIL RIGHTS SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $7,075,000, of which $2,000,000 is for regional offices and $700,000 is for civil rights monitoring activities authorized by section 5 of Public Law 98-183: Provided, That not to exceed $20,000 may be used to employ consultants: Provided further. That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided further. That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the Chairman who is permitted 125 billable days.
COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE ABROAD SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of America's Heritage Abroad, $200,000 as authorized by Public Law 99-83, section 1303.
104 STAT. 2136

COMMISSION ON SECURITY AND COOPERATION IN EUROPE SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by PubHc Law 94-304, $991,000, to remain available until expended as authorized by section 3 of Public Law 99-7.
COMPETITIVENESS POLICY COUNCIL SALARIES AND EXPENSES
For necessaiy expenses of the Competitiveness Policy Council as authorized by Sec. 5209 of the Omnibus Trade and Competitiveness Act of 1988, $750,000, to remain available until expended.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, as amended (29 U.S.C 206(d) and 621-634), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); not to exceed $25,000,000 for payments to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act, as amended, and sections 6 and 14 of the Age Discrimination in Employment Act; $198,300,000.
FEDERAL COMMUNICATIONS COMMISSION SALARIES AND EXPENSES
For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901-02); not to exceed $300,000 for land and structures; not to exceed $300,000 for improvement and care of grounds and repair to buildings; not to exceed $4,000 for official reception and representation expenses; purchase (not to exceed fourteen) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $115,794,000, of which not to exceed $300,000 of the forgoing amount shall remain available until September 30, 1992, for research and policy studies: Provided, That none of the funds appropriated by this Act shall be used to repeal, to retroactively apply changes in, or to continue a reexamination of, the policies of the Federal Communications Commission with respect to comparative licensing, distress sales and tax certificates granted under 26 U.S.C. 1071, to expand minority and women ownership of broadcasting licenses, including those established in the Statement of Policy on Minority Ownership of Broadcasting Facilities, 68 F.C.C. 2d 979 and 69 F.C.C. 2d 1591, as amended 52 R.R. 2d 1313 (1982) and Mid-Florida Television Corp., 69 F.C.C. 2d 607 (Rev. Bd. 1978), which were effective prior to September 12, 1986, other than to close MM Docket No. 86-484 with a reinstatement of prior policy and a lifting of suspension of any sales, licenses, applications, or proceedings, which were suspended pending the conclusion
104 STAT. 2137
of the inquiry: Provided further. That none of the funds appropriated to the Federal Communications Commission by this Act may be used to diminish the number of VHF channel assignments reserved for noncommercial educational television stations in the Television Table of Assignments (section 73.606 of title 47, Code of Federal Regulations): Provided further, That none of the funds appropriated by this Act may be used to repeal, to retroactively apply changes in, or to begin or continue a reexamination of the rules and the policies established to administer such rules of the Federal Communications Commission as set forth at section 73.3555(c) of title 47 of the Code of Federal Regulations.
FEDERAL MARITIME COMMISSION SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act of 1936, as amended (46 U.S.C. App. 1111), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-02; $15,894,000: Provided, That not to exceed $2,000 shall be available for official reception and representation expenses.
FEDERAL TRADE COMMISSION SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses; $74,095,000 of which an estimated $20,000,000 shall be derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) so as to result in a final fiscal year 1991 appropriation of $54,095,000: Provided, That $74,095,000 shall be apportioned and shall be construed as being available for obligation without regard to 31 U.S.C. 1341: Provided further, That fees made available to the Federal Trade Commission shall remain available until expended but that any fees received in excess of $20,000,000 shall not be available for obligation in fiscal year 1991: Provided further. That the funds appropriated in this paragraph are subject to the limitations and provisions of sections 10(a) and 10(c) (notwithstanding sections 10(e), llOs), 18, and 20 of the Federal Trade Commission Improvements Act of 1980 (Public Law 96-252; 94 Stat. 374)).
INTERNATIONAL TRADE COMMISSION
S A L A R I E S AND EXPENSES
For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $40,299,000.
104 S T A T . 2 1 3 8
P U B L I C L A W 1 0 1 - 5 1 5 N O V . 5, 1990
J A P A N - U N I T E D STATES F R I E N D S H I P COMMISSION J A P A N - U N I T E D STATES FRIENDSHIP TRUST F U N D
F o r expenses of t h e J a p a n - U n i t e d S t a t e s F r i e n d s h i p Commission as authorized by Public Law 94-118, as amended, from t h e interest e a r n e d on t h e J a p a n - U n i t e d States F r i e n d s h i p T r u s t Fund, $1,250,000; a n d a n a m o u n t of J a p a n e s e currency not to exceed t h e equivalent of $1,544,000 based on exchange r a t e s a t t h e t i m e of p a y m e n t of such a m o u n t s as authorized by Public Law 94-118.
L E G A L SERVICES CORPORATION PAYMENT TO THE LEGAL SERVICES CORPORATION
For p a y m e n t to t h e Legal Services Corporation to c a r r y out t h e purposes of t h e Legal Services Corporation Act of 1974, as amended, $327,186,000 of which $280,314,000 is for basic field programs, $7,445,000 is for t h e Native A m e r i c a n programs, $10,282,000 is for m i g r a n t programs, $1,166,000 is for t h e law school clinics, $1,060,000 is for supplemental field programs, $662,000 is for regional t r a i n i n g centers, $7,663,000 is for n a t i o n a l support, $8,315,000 is for S t a t e support, $917,000 is for t h e Clearinghouse, $541,000 is for computer assisted legal research regional centers, a n d $8,821,000 is for Corporation m a n a g e m e n t a n d a d m i n i s t r a t i o n .
M A R I N E M A M M A L COMMISSION SALARIES A N D EXPENSES
F o r necessary expenses of t h e M a r i n e M a m m a l Commission as authorized by title II of Public Law 92-522, as amended, $1,153,000.
M A R T I N L U T H E R K I N G , J R . F E D E R A L H O U D A Y COMMISSION SALARIES A N D EXPENSES
F o r necessary expenses of t h e M a r t i n L u t h e r King, J r . Federal Holiday Commission, as authorized by Public Law 98-399, as amended, $300,000.
O F F I C E O F THE U N I T E D STATES T R A D E REPRESENTATIVE SALARIES A N D EXPENSES
For necessary expenses of t h e Office of t h e U n i t e d States T r a d e Representative, including t h e h i r e of passenger motor vehicles a n d t h e employment of experts a n d consultants as authorized by 5 U.S.C. 3109, $20,000,000, of which $2,500,000 shall r e m a i n available u n t i l expended: Provided, T h a t not to exceed $89,000 shall be available for official reception a n d r e p r e s e n t a t i o n expenses.
SECURITIES A N D E X C H A N G E COMMISSION SALARIES AND EXPENSES
For necessary expenses for t h e Securities a n d Exchange Commission including services as authorized by 5 U.S.C. 3109, a n d not to
104 STAT. 2139
exceed $3,000 for official reception and representation expenses, $157,485,000, of which not to exceed $10,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions and, for 1991 only, not to exceed $100,000 shall be available to host a conference of the International Organizations of Securities Commissions, such sum to cover related translation, printing, facility and other necessary logistic and administrative expenses: Provided, That immediately upon enactment of this Act, the rate of fees under section 60?) of the Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of 1 per centum to one-fortieth of 1 per centum and such increase shall be deposited as an offsetting collection to this appropriation to recover costs of services of the securities registration process: Provided further. That such fees shall remain available until expended.
SMALL BUSINESS ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)
15 USC 77f note.
For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by Public Law 100-590, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception and representation expenses, $274,753,000, of which $1,500,000 shall be made available for a grant to St. Norbert College in De Pere, Wisconsin, for a regional center for rural economic development, of which $100,000 shall be made available for a grant to the School of Forestry of the University of Montana for a planning study for locating a Value-Added Wood Products Development, Marketing and Small Business Assistance Research Laboratory at the University of Montana, of which $200,000 shall be made available for a grant to Central Arkansas University to establish a national communications and data center for the Small Business Institute program, of which $1,500,000 shall be made available for a grant to the University of Kentucky's Somerset Community College for a regional center for rural economic development with a special emphasis on small business, of which $1,500,000 shall be made available for a grant to the West Philadelphia Economic Development Corporation for a national demonstration project for community economic development and small business assistance, of which $500,000 shall be made available for a Center for Manufacturing Productivity at the University of Massachusetts at Amherst, of which $1,200,000 is for the Small Business Development Center Technical Assistance Program, of which $15,000,000 shall be made available to implement section 24 of the Small Business Act, as amended, of which $1,000,000 shall be made available to implement section 25 of the Small Business Act, as amended, and of which $55,750,000 is for grants for performance in fiscal year 1991 or fiscal year 1992 for Small Business Development Centers as authorized by section 21 of the Small Business Act, as amended: Provided, That not more than $350,000 of this amount shall be available to pay the expenses of the National Small Business Development Center Advisory Board and to reimburse centers for participating in evaluations as provided in section 20(a) of such Act, and to maintain a clearinghouse as provided in section 21(g)(2) of such Act: Provided further. That none of the funds appropriated or made available by
104 STAT. 2140
this Act to the Small Business Administration shall be used to adopt, implement, or enforce any rule or regulation with respect to the Small Business Development Center program authorized by section 21 of the Small Business Act, as amended (15 U.S.C. 648), nor may any of such funds be used to impose any restrictions, conditions or limitations on such program whether by standard operating procedure, audit guidelines or otherwise, unless such restrictions, conditions or limitations were in effect on October 1, 1987: Provided further, That none of the funds appropriated for the Small Business Administration under this Act may be used to impose any new or increased loan guaranty fee or debenture guaranty fee: Provided further. That none of the funds appropriated for the Small Business Administration under this Act may be used to impose any new or increased user fee or management assistance fee. In addition, nothing herein shall preclude the Small Business Administration from preparing or formulating, but not publishing in the Federal Register, proposed rules, nor shall anything herein apply to uniform common rules applicable to multiple Federal departments and agencies, including the Small Business Administration; nor may any of the funds provided in this paragraph restrict in any way the right of association of participants in such program.
ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) SEC. 1. DEPUTY ADMINISTRATOR.
(a) Section 4 of the Small Business Act is amended by striking "The Administrator is authorized to appoint a Deputy Administrator and" from the fourth sentence of paragraph (1) of subsection (b) and inserting in lieu thereof the following: The President also may appoint a Deputy Administrator, by and with the advice and consent of the Senate. The Administrator is authorized to appoint". 15 use 633 note. (b) The provisions of subsection (a) of this section shall apply to any vacancy in the position of Deputy Administrator of the Small Business Administration after the effective date of this Act.
SEC. 2. JOINT VENTURES WITH TRIBALLY OWNED PARTICIPANTS IN THE 8(a) PROGRAM.
15 use 633.
Section 602 of the Business Opportunity Development Reform Act of 1988 (15 U.S.C. 637 note) is amended (1) in subsection (c), by striking "two" and inserting "5", and (2) in subsection (e), by striking "September 30, 1991" and inserting "September 30,1992".
SEC. 3. INTEREST RATE ON CERTIFIED DEVELOPMENT COMPANY LOANS.
15 use 697 note,

InterGrov6i*iiin6iit^l
Section 112 of the Small Business Administration Reauthorization and Amendment Act of 1988 (Public Law 100-590) is amended by striking from the end of subsection (c) "October 1, 1990" and by inserting in lieu thereof "October 1, 1994".
SEC. 4. NATURAL RESOURCE DEVELOPMENT.
relations. 15 use 651.
The Small Business Act is amended by adding the following new section: "SEC. 24. (a) The Administrator is authorized to make grants to or to enter into contracts with any State for the purpose of contracting
104 STAT. 2141
with small businesses to plant trees on land owned or controlled by such State or local government. The Administrator shall require as a condition of any grant (or amendment or modification thereof) under this section that the applicant also contribute to the project a sum equal to at least 25 per centum of a particular project cost from sources other than the Federal Government. Such non-Federal money may include inkind contributions, including the cost or value of providing care and maintenance for a period of three years after the planting of the trees, but shall not include any value attributable to the land on which the trees are to be planted, nor may any part of any grant be used to pay for land or land charges: Provided, That not less than one-half of the amounts appropriated under this section shall be allocated to each State, the District of Columbia, and the Commonwealth of Puerto Rico on the basis of the population in each area as compared to the total population in all areas as provided by the Census Bureau of the Department of Commerce in the annual population estimate or the decennial census, whichever is most current. The Administrator may give a priority in awarding the remaining one-half of appropriated amounts to applicants who agree to contribute more than the requisite 25 per centum. "(b) In order to accomplish the objectives of this section, the Administrator, in consultation with appropriate Federal agencies, shall be responsible for formulating a national small business tree planting program. Based on this program, a State may submit a detailed proposal for tree planting by contract. "(c) To encourage and develop the capacity of small business concerns, to utilize this important segment of our economy, and to permit rapid increases in employment opportunities in local communities, grantees are directed to utilize small business contractors or concerns in connection with the program established by this section, and shall, to the extent practicable, divide the project to allow more than one small business concern to perform the work under the project. "(d) For purposes of this section, agencies of the Federal Government are hereby authorized to cooperate with all grantees and with State foresters or other appropriate officials by providing without charge, in furtherance of this program, technical services with respect to the planting and growing of such trees. ' (e) There are authorized to be appropriated to carry out the objectives of this section, $15,000,000 for fiscgd year 1991 and $30,000,000 for each of the fiscal years 1992 through 1994, and all of such sums may remain available until expended. "(f) Notwithstanding any other law, rule, or regulation, the administration shall publish in the Federal Register proposed rules and regulations implementing this section within sixty days after the date of enactment of this section and shall publish final rules and regulations within one hundred and twenty days of the date of enactment of this section. "(g) As used in this section: "(1) the term 'local government' includes political subdivisions of a State such as counties, parishes, cities, towns and municipalities; "(2) the term 'planting' includes watering, application of fertilizer and herbicides, pruning and shaping, and other subsequent care and maintenance for a period of three years after the trees are planted; and "(3) the term 'State' includes any agency thereof.
Federal Register, publication. Regulations.
104 STAT. 2142

Reports.
"(h) The Administrator shall submit annually to the President and the Congress a report on activities within the scope of this section.".
SEC. 5. SMALL BUSINESS DEVELOPMENT CENTERS.
15 u s e 648.
15 u s e 648 note. Government contracts. Grant programs. 15 u s e 648 note.
(a) Section 21 of the Small Business Act is amended by striking the second proviso in subsection (a)(4) and inserting in lieu thereof the following: Provided further. That no recipient of funds under this section shall receive a grant which would exceed its pro rata share of a $70,000,000 program based upon the population to be served by the Small Business Development Center as compared to the total population of the United States, plus $100,000 for each State, but no State shall receive less than $200,000."; (b) Section 204 of the Small Business Development Center Act of 1980 (Public Law 96-302), as amended, is hereby repealed; and (c) The amendments to the second proviso in subsection (a)(4) made by subsection (a) of this section shall apply to contracts, grants or cooperative agreements for performance commencing on or after October 1, 1991; contracts, grants or cooperative agreements for performance commencing prior thereto shall receive funding for the entire term of performance without regard to this amendment and according to the State's pro rata share of a $65,000,000 program as computed on the effective date of this section under population estimates used for calendar year 1990 agreements, plus $50,000 for each State, but no State shall receive less than $200,000.
SEC. 6. SBDC GRANTEE ELIGIBILITY.
Czechoslovakia. Poland. Hungary. Establishment. 15 u s e 652.
Section 21 of the Small Business Act is amended by striking the period at the end of the first sentence of paragraph (1) of subsection (a) and inserting the following: ": Provided, That after December 31, 1990, the Administration shall not make a grant to any applicant other than an institution of higher education as a Small Business Development Center unless the applicant was receiving a grant (including a contract or cooperative agreement) on such date. The Administration shall require any applicant for a small business development center grant with performance commencing on or after January 1, 1992 to have its own budget and to primarily utilize institutions of higher education to provide services to the small business community.". SEC. 7. CENTRAL EUROPEAN ENTERPRISE DEVELOPMENT. The Small Business Act is amended by adding the following new section: "SEC. 25. (a) There is hereby established a Central European Small Business Enterprise Development Commission (hereinafter in this section referred to as the 'Commission'). The Commission shall be comprised of a representative of each of the following: the Small Business Administration, the Association of American Universities, and the Association of Small Business Development Centers. "0?) The Commission shall develop in Czechoslovakia, Poland and Hungary (hereinafter referred to as 'designated Central European countries') a self-sustaining system to provide management and technical assistance to small business owners. "(1) Not later than 90 days after the effective date of this section, the Commission, in consultation with the Agency for International Development, shall enter a contract with one or more entities to
104 STAT. 2143
"(A) determine the needs of small businesses in the designated Central European countries for management and technical assistance; "(B) evaluate appropriate Small Business Development Center-programs which might be replicated in order to meet the needs of each of such countries; and "(C) identify and gissess the capability of educational institutions in each such country to develop a Small Business Development Center type program. "(2) Not later than 18 months after the effective date of this section, the Commission shall review the recommendations submitted to it and shall formulate and contract for the establishment of a three-year management and technical assistance demonstration program. "(c) In order to be eligible to participate, the educational institution in each designated Central European country shall "(1) obtain the prior approval of the government to conduct the program; "(2) agree to provide partial financial support for the program, either directly or indirectly, during the second and third years of the demonstration program; and "(3) agree to obtain private sector involvement in the delivery of assistance under the program. "(d) The Commission shall meet and organize not later than 30 days after the date of enactment of this section. "(e) Members of the Commission shall serve without pay, except they shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carr3dng out their functions in the same manner as persons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5, United States Code. "(f) Two Commissioners shall constitute a quorum for the transaction of business. Meetings shall be at the call of the Chairperson who shall be elected by the Members of the Commission. "(g) The Commission shall not have any authority to appoint staff, but upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist in carr5dng out the Commission's functions under this section without regard to section 3341 of title 5 of the United States Code. The Administrator of the General Services Administration shall provide, on a reimbursable basis, such administrative support services as the Commission may request. "(h) The Commission shall report to Congress not later than December 1, 1991, and annually thereafter, on the progress in carrying out the provisions of this section. "(i) There are hereby authorized to be appropriated to the Small Business Administration the sum of $3,000,000 for fiscal year 1991, $5,000,000 for fiscal year 1992 and $8,000,000 for fiscal year 1993 to carry out the provisions of this section. Such sums shall be disbursed by the Small Business Administration as requested by the Commission and may remain available until expended. Any authority to enter contracts or other spending authority provided for in this section is subject to amounts provided for in advance in appropriations Acts.".
Government contracts. Technical assistance.
Reports.
104 STAT. 2144
SEC. 8. LOAN SERVICING FEE.
15 u s e 697.
In the Small Business Investment Act of 1958, insert the following new subsection: "SEC. 503 (eX3). Notwithstanding any other provision of law, qualified State or local development companies shall be authorized to prepare applications for deferred participation loans under Section 7(a) of the Small Business Act, to service such loans and to charge a reasonable fee for servicing such loans.".
SEC. 9. SMALL BUSINESS DEVELOPMENT CENTER TECHNICAL ASSISTANCE PROGRAM.
Science and technology Intergovernmental relations. 15 u s e 648a.
(a) IN GENERAL.The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 21, the following new section:
" 2 1 A . SMALL BUSINESS DEVELOPMENT CENTER TECHNICAL ASSISTANCE PROGRAM.
"(a) The Administration is authorized to make grants to establish pilot programs at 5 Small Business Development Centers in order to increase access by small businesses in each center's service area to online data bases. The purpose of this program shall be to provide small businesses, in states selected to participate in this demonstration program, with improved online access to public and private technology, services and expertise, so as to accelerate the transfer of technology and expertise to small businesses and to improve the productivity and economic competitiveness of these small businesses. "(b) Any Small Business Development Center which is funded by the Administration is eligible to receive an additional grant to provide access to online data bases as described in subsection (a) providing it contributes at least a fifty percent matching contribution. "(c) The grants authorized by this section must be used to "(1) defray all or part of the cost of accessing data bases from private vendors for a limited period of time, "(2) demonstrate to small businesses the benefits of accessing such data bases, and "(3) train small businesses to use such data bases to access technical information and services.". (b) AUTHORIZATION.There is authorized to be appropriated to the Small Business Administration for each of fiscal years 1991 and 1992, $1,200,000 to carry out the terms of section 21A of the Small Business Act.
SEC. 10. CONTINUATION OF AUTHORITY.
Notwithstanding any other provision of law, an amount shall be made available from the unobligated balances in the Business Loan and Investment Fund to make a grant designated in Public Law 100-459 in subsection (c) under the heading "Economic Development Assistance Programs", at a funding level not less than the level provided during fiscal year 1990, and notwithstanding any other provision of law, an amount shall be made available from the unobligated balances in the Business Loan and Investment Fund to make a grant to the first entity designated in Public Law 100-459 in subsection (k) under the heading "Economic Development Assistance Programs" at a funding level not less than the level provided during fiscal year 1990 to such entity.

SEC. 11. COOPERATIVE AGREEMENTS.
104 STAT. 2145
Section 7(b) of the Small Business Computer Security and Education Act of 1984 (15 U.S.C. 633 note) as amended, is further amended by striking "October 1, 1990" and inserting in lieu thereof "March 31,1991".
SEC. 12. TRANSFER FROM DISASTER LOAN FUND.
In addition such sums as may be necessary for disaster loanmaking activities, including loan servicing, shall be transferred to this appropriation from the "Disaster Loan Fund" as authorized by Public Law 100-590.
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), $9,000,000.
BUSINESS LOAN A N D INVESTMENT F U N D
For additional capital for the "Business Loan and Investment Fund", $86,000,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note; and for additional capital for new direct loan obligations to be incurred by the "Business Loan and Investment Fund", $71,000,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note: Provided, That no funds appropriated under this Act may be used to sell direct loans which are held by the Small Business Administration or any loan guaranty or debenture guaranty made by the Small Business Administration under the authority contained in the Small Business Investment Act of 1958, and which was held by the Federal Financing Bank on September 30,1987.
SURETY BOND GUARANTEES REVOLVING F U N D
For additional capital for the "Surety Bond Guarantees Revolving Fund", authorized by the Small Business Investment Act, as amended, $10,200,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note.
POLLUTION CONTROL EQUIPMENT CONTRACT GUARANTEE REVOLVING FUND
For additional capital for the "Pollution control equipment contract guarantee revolving fund" authorized by the Small Business Investment Act, as amended, $13,000,000, to remain availajble without fiscal year limitation as authorized by 15 U.S.C. 631 note.
STATE JUSTICE INSTITUTE SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as authorized by The State Justice Institute Authorization Act of 1988 (Public Law 100-690 (102 Stat. 4466-4467)), $13,000,000, to remain available until expended.
104 STAT. 2146

UNITED STATES INFORMATION AGENCY SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary to enable the United States Information Agency, as authorized by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.) and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out international communication, educational and cultural activities; and to carry out related activities authorized by law, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $700,000 of this appropriation), as authorized by 22 U.S.C. 1471, expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), living quarters as authorized by 5 U.S.C. 5912, and allowances as authorized by 5 U.S.C. 5921-5928, and entertainment, including official receptions, within the United States, not to exceed $25,000 as authorized by 22 U.S.C. 1474(3); $652,757,000: Provided, That not to exceed $1,210,000 may be used for representation abroad as authorized by 22 U.S.C. 1452 and 4085: Provided further. That not to exceed $15,377,000 of the amounts allocated by the United States Information Agency to carry out section 102(a)(3) of the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2455(a)), shall remain available until expended: Provided further. That not to exceed $500,000 shall remain available until expended as authorized by 22 U.S.C. 1477b(a), for expenses (including those authorized by the Foreign Service Act of 1980) and equipment necessary for maintenance and operation of data processing and administrative services as authorized by 31 U.S.C. 1535-1536: Provided further, That not to exceed $6,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection with English teaching, library, motion pictures, television, and publication programs as authorized by section 810 of the United States Information and Educational Exchange Act of 1948, as amended.
For salaries and expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), $4,023,000.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of Fulbright, International Visitor, Humphrey Fellowship, Private Sector, and Congress-Bundestag Exchange Programs, as authorized by the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), $163,151,000, of which up to $200,000 shall be available for the Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation, and of which $500,000 shall be available only for a grant to the North Pacific Studies Center in Portland, Oregon.

RADIO CONSTRUCTION
104 STAT. 2147
For an additional amount for the purchase, rent, construction, and improvement of faciUties for radio transmission and reception and purchase and installation of necessary equipment for radio transmission and reception as authorized by 22 U.S.C. 1471, $107,237,000, to remain available until expended as authorized by 22 U.S.C. 1477b(a).
BROADCASTING TO CUBA
For expenses necessary to enable the United States Information Agency to carry out the Radio Broadcasting to Cuba Act, as amended (22 U.S.C. 1465 et seq.) (providing for the Radio Marti Program or Cuba Service of the Voice of America), and the Television Broadcasting to Cuba Act (22 U.S.C 1465aa et seq.) including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception and purchase and installation of necessary equipment for radio and television transmission and reception as authorized by 22 U.S.C. 1471, $31,069,000, to remain available until expended as authorized by 22 U.S.C. 1477b(a): Provided, That such funds for television broadcasting to Cuba may be used to purchase or lease, maintain, and operate such aircraft (including aerostats) as may be required to house and operate necessary television broadcasting equipment.
EAST-WEST CENTER
To enable the Director of the United States Information Agency to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $23,000,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or to enter into any contract providing for the payment thereof, in excess of the rate authorized for GS-18 of the Classification Act of 1949, as amended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the United States Information Agency to the National Endowment for Democracy as authorized by the National Endowment for Democracy Act, $25,000,000. TITLE VIGENERAL PROVISIONS SEC. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 602. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
Government procurement.
104 STAT. 2148
Wages. Government employees.
Disadvantaged persons.
Grant programs. Government contracts.
SEC. 604. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. SEC. 605. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. SEC. 606. (a) None of the funds provided under this Act or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds. (b) None of the funds provided under this Act or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 per centum, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 per centum funding for any existing program, project, or activity, or numbers of personnel by 10 per centum as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress, unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds. SEC. 607. Funds appropriated to the Legal Services Corporation and distributed to each grantee funded in fiscal year 1991 pursuant to the number of poor people determined by the Bureau of the Census to be within its geographical area shall be distributed in the following order: (1) grants from the Legal Services Corporation and contracts entered into with the Legal Services Corporation under section 1006(a)(1) shall be maintained in fiscal year 1991 at not less than $9.22 per poor person within the geographical area of each grantee or contractor under the 1980 census or 5 cents per poor person more than the annual per-poor-person level at which funding was appropriated prior to the sequestration order issued pursuant to section 11002 of Public Law 101-239 for each grantee and contractor in fiscal year 1990, whichever is greater; and (2) each such grantee shall be increased by an equal percentage of the amount by which such grantee's funding, including the increase under (1) above, falls below $17.68 per poor person within its geographical area under the 1980 census: Provided, That none of the funds appropriated in this Act for the Legal Services Corporation shall be used to bring a class action suit
104 STAT. 2149
against the Federal Government or any State or local government unless (1) the project director of a recipient has expressly approved the filing of such an action in accordance with policies established by the governing body of such recipient; (2) the class relief which is the subject of such an action is sought for the primary benefit of individuals who are eligible for legal assistance; and (3) that prior to filing such an action, the recipient project director has determined that the government entity is not likely to change the policy or practice in question, that the policy or practice will continue to adversely affect eligible clients, that the recipient has given notice of its intention to seek class relief and that responsible efforts to resolve without litigation the adverse effecte of the policy or practice have not been successful or would be adverse to the interest of the clients: except that this proviso may be superseded by regulations governing the bringing of class action suits promulgated by a majority of the Board of Directors of the Corporation who have been confirmed in accordance with section 1004(a) of the Legal Services Corporation Act: Provided further, That none of the funds appropriated in this Act made available by the Legal Services Corporation may be used (1) to pay for any publicity or propaganda intended or designed to support or defeat legislation pending before Congress or State or local legislative bodies or intended or designed to influence any decision by a Federal, State, or local agency; (2) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device intended or designed to influence any decision by a Federal, State, or local agency, except when legal gissistance is provided by an employee of a recipient to an eligible client on a particular application, claim, or case, which directly involves the client's legal rights or responsibilities; (3) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or any other device intended or designed to influence any Member of Congress or any other Federal, State, or local elected official (A) to favor or oppose any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council or any N similar governing body acting in a legislative capacity, (B) to favor or oppose an authorization or appropriation directly affecting the authority, function, or funding of the recipient or the Corporation, or (C) to influence the conduct of oversight proceedings of the recipient or the Corporation; (4) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or any other device intended or designed to influence any Member of Congress or any other Federal, State, or local elected official to favor or oppose any Act, bill, resolution, or similar legislation, except that this proviso sheill not preclude funds from being used to provide communication directly to a Federal, State, or local elected official on a specific and distinct matter
104 STAT. 2150
Aliens.
A**'^s.
where the purpose of such communication is to bring the matter to the official's attention if (A) the project director of a recipient has expressly approved in writing the undertaking of such communication to be made on behalf of a client or class of clients in accordance with policy established by the governing body of the recipient; and (B) the project director of a recipient has determined prior to the undertaking of such communication, that (i) the client and each client is in need of relief which can be provided by the legislative body involved; (ii) appropriate judicial and administrative relief have been exhausted; and (iii) documentation has been secured from each eligible client that includes a statement of the specific legal interests of the client, except that such communication may not be the result of participation in a coordinated effort to provide such communications under this proviso; and (C) the project director of a recipient maintains documentation of the expenses and time spent under this proviso as part of the records of the recipient; or (D) the project director of a recipient has approved the submission of a communication to a legislator requesting introduction of a private relief bill: except that nothing in this proviso shall prohibit communications made in response to a request from a Federal, State, or local official: Provided further. That none of the funds appropriated in this Act made available by the Legal Services Corporation may be used to pay for any administrative or related costs associated with an activity prohibited in clause (1), (2), (3), or (4) of the previous proviso: Provided further, That none of the funds appropriated under this Act for the Legal Services Corporation will be expended to provide legal assistance for or on behalf of any alien unless the alien is present in the United States and is (1) an alien lawfully admitted for permanent residence as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); (2) an alien who is either married to a United States citizen or is a parent or an unmarried child under the age of twenty-one years of such a citizen and who has filed an application for adjustment of status to permanent resident under the Immigration and Nationality Act, and such application has not been rejected; (3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157, relating to refugee admissions) or who has been granted asylum by the Attorney General under such Act; or (4) an alien who is lawfully present in the United States as a result of the Attorney General's withholding of deportation pursuant to section 243(h) of the Immigration and Nationality Act (8 U.S.C. 1253(h)): Provided further, That an alien who is lawfully present in the United States as a result of being granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear
104 STAT. 2151
of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for purposes of the previous proviso, to be an alien described in clause (3) of the previous proviso: Provided further, That none of the funds appropriated for the Legal Services Corporation may be used to support or conduct training programs for the purpose of advocating particular public policies or encouraging political activities, labor or antilabor activities, boycotts, picketing, strikes, and demonstrations, including the dissemination of information about such policies or activities, except that this provision shall not be construed to prohibit the training of attorneys or paralegal personnel necessary to prepare them to provide adequate legal assistance to eligible clients or to advise any eligible client as to the nature of the legislative process or inform any eligible client of his rights under statute, order, or regulation: Provided further. That none of the funds appropriated in this Act for the Legal Services Corporation may be used to carry out the procedures established pursuant to section 1011(2) of the Legal Services Corporation Act unless the Corporation prescribes procedures to insure that financial assistance under this Act shall not be terminated, and a suspension of financial assistance shall not be continued for more than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this Act has been afforded reasonable notice and opportunity for a timely, full, and fair hearing and, when requested, such hearing shall be conducted by an independent hearing examiner, subject to the following conditions (1) such request for a hearing shall be made to the Corporation within thirty days after receipt of notice to terminate financial assistance, deny an application for refunding, or suspend financial assistance and such hearing shall be conducted within thirty days of receipt of such request for a hearing; (2) the Corporation shall make such final decision within thirty days after completion of such hearing; and (3) hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation: Provided further. That none of the funds appropriated in this Act for the Legal Services Corporation may be used to carry out the procedures established pursuant to section 1011(2) of the Legal Services Corporation Act unless the Corporation prescribes procedures to ensure that an application for refunding shall not be denied unless the grantee, contractor, or person or entity receiving assistance under this Act has been afforded reasonable notice and opportunity for a timely, full, and fair hearing to show cause why such action should not be taken and subject to all other conditions of the previous proviso: Provided further, That none of the funds appropriated in this Act for the Legal Services Corporation shall be used by the Corporation in making grants or entering into contracts for legal assistance unless the Corporation insures that the recipient is either (1) a private attorney or attorneys (for the sole purpose of furnishing legal assistance to eligible clients) or (2) a qualified nonprofit organization chartered under the laws of one of the States, a purpose of which is furnishing legal assistance to eligible clients, the majority of the board of directors or other governing body of which organization is comprised of attorneys who are admitted to practice in one of the States and who are appointed to terms of office on such board or body by the governing bodies of State, county, or
104 STAT. 2152
Abortion.
municipal bar associations the membership of which represents a majority of the attorneys practicing law in the locality in which the organization is to provide legal assistance, or, with regard to national support centers, the locality where the organization maintains its principal headquarters: Provided further. That none of the funds appropriated in this Act for the Corporation shall be used, directly or indirectly, by the Corporation to promulgate new regulations or to enforce, implement, or operate in accordance with regulations effective after April 27, 1984, unless the Appropriations Committees of both Houses of Congress have been notified fifteen days prior to such use of funds as provided for in section 606 of this Act: Provided further. That none of the funds appropriated to the Legal Services Corporation for fiscal years prior to fiscal year 1986 and carried over into fiscal year 1991, either by the Corporation itself or by any recipient of such funds, may be expended, unless such funds are expended in accordance with the preceding restrictions and provisos, except that such funds may be expended for the continued representation of aliens prohibited by said provisos where such representation commenced prior to January 1, 1983, or as approved by the Corporation: Provided further. That if a Presidential order pursuant to Public Law 100-119, the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, is issued for fiscal year 1991, funds provided to each grantee of the Legal Services Corporation shall be reduced by the percentage specified in the Presidential order: Provided further. That if funds become available to the Legal Services Corporation because a national support center has been defunded or denied refunding pursuant to section 1011(2) of the Legal Services Corporation Act, as amended by this Act, such funds may be transferred to basic field programs to be distributed in the manner specified by this Act: Provided further. That none of the funds appropriated by this Act or prior Acts or any other funds available to the Corporation or a recipient may be used by an officer, board member, employee or consultant of the Corporation or by any recipient to implement or enforce the 1984 and 1986 regulations on legislative and administrative advocacy (part 1612) or to implement, enforce or keep in effect provisions in the regulation regarding legislative and administrative advocacy and training (part 1612, 52 FR 28434 (July 29, 1987)) which impose restrictions on private funds except to the extent that such restrictions are explicitly set forth in sections 1007 (a)(5), (b)(6), (b)(7), and 1010(c) of the Legal Services Corporation Act, as amended: Provided further. That the Corporation shall not impose requirements on governing bodies of the recipients that are additional to, or more restrictive than, the provisions of this Act and section 1007(c) of the Legal Services Corporation Act, as amended, including, but not limited to (1) the procedures of appointment, including the political affiliation and the length of terms of board members, (2) the size, quorum requirements and committee operations of such governing bodies, and (3) any requirements on appointment of board members of national support centers that would preclude the bar associations in the States in which the center's principal offices are located from making all appointments required to be made by bar associations: Provided further. That none of the funds appropriated under this Act to the Legal Services Corporation may be used by the Corporation or any recipient to participate in any litigation with respect to abortion: Provided further. That the Corporation shall utilize the same formula for distribution of fiscal year 1991 migrant funds as
104 STAT. 2153

42 u s e 2996f note. Grant programs. Government contracts.
wis used in fiscal year 1990: Provided further, That after October 1, 1991, 03ut not before) the Board of Directors of the Legal Services Corporation shall develop and implement a system for the competitive award of all grants and contracts, including support centers, except that nothing herein shall prohibit the Corporation Board, members, or staff from engaging in in-house reviews of or holding hearings on proposals for a system for the competitive award of all grants and contracts, including support centers, and that nothing herein shall apply to any competitive awards program currently in existence: Provided further, That the Corporation shall insure that all grants and contracts made for calendar year 1991 to all grantees receiving funds under sections 1006(a) (1)(A) and (3) of the Legal Services Corporation Act as of September 30, 1990, with funds appropriated by this Act or prior appropriations Acts, shall be made for a period of at least twelve months beginning on January 1, 1991, so as to insure that the total annual funding for each current grantee or contractor is no less than the amount provided pursuant to this Act: Provided further. That such grants or contracts shall not be subject to any amendments to regulations relating to feegenerating cases (45 CFR part 1609) or the use of private funds (45 CFR parts 1610 and 1611) not in operational effect on October 1, 1988: Provided further, That any changes in procedures in operational effect as of September 1, 1989, that would have the effect of imposing timekeeping requirements on recipients must be adopted is rules or regulations in accordance with section 1008(e) of the Legal Services Corporation Act and all of the requirements of this Act: Provided further. That any new rules or regulations, or revisions to existing rules or regulations adopted by the Board of the Legal Services Corporation after October 1, 1990, shall not become effective until after October 1,1991. SEC. 608. (a) None of the funds in this or any other Act may be used to approve the licensing for export of any supercomputer to any country whose government the President determines to be assisting Iraq to improve its ballistic missile technology or chemical, biological, or nuclear weapons capability and so reports to the Congress. (b) None of the funds in this or any other Act may be used to approve the licensing for export of any supercomputer to any country whose nationals are assisting Iraq to improve its rocket technology or chemical, biological, or nuclear weapons capability: Provided, That this provision shall apply only if the President determines that the government of the country has made inadequate efforts to restrict such involvement by its citizens or corporations and so reports to the Congress.
Grant programs. Government contracts.
Regulations.
Regulations. Effective date.
Iraq.
Iraq.
39-194 O - 91 - 26 : QL 3 Part 3
104 STAT. 2154
This Act may be cited as the "Departments of (Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5021: HOUSE REPORTS: No. 101-537 (Coram, on Appropriations) and No. 101-909 (Coram. of Conference). SENATE REPORTS: No. 101-515 (Comra. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): June 20, 26, considered and passed House. Oct. 11, considered and passed Senate, araended. Oct. 23, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments; and disagreed to another. Oct. 24, Senate agreed to conference report; receded and concurred in certain House amendments, in another with an amendment. House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
104 STAT. 2155
Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1991, and for other purposes.
Nov. 5, 1990 [H.R. 5229]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1991, and for other purposes, namely: TITLE IDEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY
IMMEDIATE OFFICE OF THE SECRETARY
Department of ^''j'^pP?''^^j^'^ Agencies ^ Appropriations Act, 1991.
For necessary expenses of the Immediate Office of the Secretary, $1,215,000.

IMMEDIATE OFFICE OF THE DEPUTY SECRETARY
For necessary expenses of the Immediate Office of the Deputy Secretary, $412,000.
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel, $6,420,000.

OFFICE OF THE ASSISTANT SECRETARY FOR POLICY AND INTERNATIONAL AFFAIRS
For necessary expenses of the Office of the Assistant Secretary for Policy and International Affairs, $8,500,000.
OFFICE OF THE ASSISTANT SECRETARY FOR BUDGET AND PROGRAMS
For necessary expenses of the Office of the Assistant Secretary for Budget and Programs, $2,390,000, including not to exceed $40,000 for allocation within the Department of official reception and representation expenses as the Secretary may determine.
OFFICE OF THE ASSISTANT SECRETARY FOR GOVERNMENTAL AFFAIRS
For necessary expenses of the Office of the Assistant Secretary for Governmental Affairs, $2,255,000.
49-139 O - 90 (516)
104 STAT. 2156

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION
For necessary expenses of the Office of the Assistant Secretary for Administration, $26,745,000, of which $5,000,000 shall remain available until expended.
OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC AFFAIRS
For necessary expenses of the Office of the Assistant Secretary for Public Affairs, $1,389,000.
EXECUTIVE SECRETARIAT
For necessary expenses of the Executive Secretariat, $918,000.

CONTRACT APPEALS BOARD
For necessary expenses of the Contract Appeals Board, $508,000.

OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $1,353,000.

OFFICE OF ESSENTIAL AIR SERVICE
For necessary expenses of the Office of Essential Air Service, $1,500,000.

OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTIUZATION
For necessary expenses of the Office of Small and Disadvantaged Business Utilization, $3,465,000, of which $2,600,000 shall remain available until expended and shall be available for the purposes of the Minority Business Resource Center as authorized by 49 U.S.C. 332: Provided, That, notwithstanding any other provision of law, funds available for the purposes of the Minority Business Resource Center in this or any other Act may be used for business opportunities related to any mode of transportation.
OFFICE OF INTELUGENCE AND SECURITY
For necessary expenses of the Office of Intelligence and Security, $1,200,000.

TRANSPORTATION PLANNING, RESEARCH, ANI) DEVELOPMENT
For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, and university research and internships, to remain available until expended, $2,947,000.
OFFICE OF COMMERCIAL SPACE TRANSPORTATION I OPERATIONS AND RESEARCH (INCLUDING TRANSFER OF FUNDS)
For necessary expenses for operations and research activities related to commercial space transportation, $3,386,000, of which
104 STAT. 2157
$1,600,000 shall remain available until expended: Provided, That the unexpended balances of the appropriation "Transportation Planning, Research, and Development associated with commercial space activities shall be transferred to and merged with this appropriation: Provided further. That notwithstanding any other provision of law, there may be credited up to $300,000 to this account funds received from user fees established for regulatory services.
Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund not to exceed $86,264,000 shall be paid, in accordance with law, from appropriations made available by this Act and prior appropriations Acts to the Department of Transportation, together with advances and reimbursements received by the Department of Transportation.
PAYMENTS TO AIR CARRIERS
For payments to air carriers of so much of the compensation fixed and determined under section 419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389), as is payable by the Department of Transportation, $26,600,000, to remain available until expended: Provided, That none of the funds in this or any other Act shall be available for the implementation or execution of programs in excess of $26,600,000 for the Payments to Air Carriers program in fiscal year 1991: Provided further. That this limitation shall only be in effect if contract authority is enacted for the Payments to Air Carriers program for fiscal year 1991.
RENTAL PAYMENTS
For necessary expenses for rental of headquarters and field space and related services assessed by the General Services Administration, $107,668,000: Provided, That of this amount, $15,108,000 shall be derived from the Highway Trust Fund, $28,508,000 shall be derived from the Airport and Airway Trust Fund, and $419,000 shall be derived from the Pipeline Safety Fund. COASTGUARD
OPERATING EXPENSES
For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed eight passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 4290t))); and recreation and welfare; $2,339,839,000 is authorized to be appropriated, derived by transfer, or otherwise provided in "in kind ' commodities and services for Coast Guard operating expenses in fiscal year 1991; of which $2,039,839,000, of which $41,489,000 shall be derived from the Oil Spill Liability Trust Fund is hereby appropriated, of which $35,000,000 shall be expended from the Boat Safety Account, notwithstanding any other provision of law: Provided, That of the funds provided for operating expenses for fiscal year 1991, in this or any other Act, not less than $602,600,000 shall
104 STAT. 2158
be available for drug enforcement activities and not less than $197,000,000 shall be for marine environmental protection activities: 14 use 92 note. Provided further, That the number of aircraft on hand at any one time shall not exceed two hundred and twenty-two, exclusive of planes and parts stored to meet future attrition: Provided further, That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 12109, except to the extent fees are collected from yacht owners and credited to this appropriation.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
10 use 2403 note. Government co^tracte^"
For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $406,331,000, to remain available until September 30, 1995, of which $157,500,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment; $90,010,000 shall be available to acquire new aircraft and increase aviation capability; $15,000,000 shall be available for other equipment; $106,885,000 shall be available for shore facilities and aids to navigation facilities; and $36,936,000 shall be available for personnel, survey and design, and related costs: Provided, That the Secretary of Transportation shall issue regulations requiring that written warranties shall be included in all Contracts with prime contractors for major systems acquisitions of the Coast Guard: Provided further, That any such written warranty shall not apply in the case of any system or component thereof that has been furnished by the Government to a contractor: Provided further. That the Secretary of Transportation may provide for a waiver of the requirements for a warranty where: (1) the waiver is necessary in the interest of the national defense or the warranty would not be cost effective; and (2) the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Merchant Marine and Fisheries of the House of Representatives are notified in writing of the Secretary's intention to waive and reasons for waiving such requirements: Provided further. That the requirements for such written warranties shall not cover combat damage: Provided further. That if necessary the Department of Transportation may transfer funds into the personnel, survey and design, and related costs subaccount from other subaccounts of the Acquisition, Construction and Improvements appropriation to cover personnel compensation and benefits for not to exceed five hundred eighty-six full time equivalent staff years during fiscal year 1991, provided that such transfer shall be subject to the established guidelines for prior approval reprogrammings as stated in House Report 101-315.
ENVIRONMENTAL COMPUANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $21,500,000, of which $7,000,000 shall remain available until expended.
PUBLK; LAW
101-518NOV. 5, 1990
104 STAT. 2159
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of obstructive brieves, $3,747,006, to remain available until expended.
RETIRED PAY
For retired pay, including the pajmaent of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, and for payments far medical care of retired personnel and their dependents vuier the Dependents Medical Care Act (Id U.S.C. ch. 55), $437,300,000.
RfissERVE T R A I N I N G
For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $74,306,000.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses, not otherwise provided for, for applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $25,000,000, to remain available until expended: Provided, That there may be credited to this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries, for expenses incurred for research, development, testing, and evaluation.
BOAT SAFETY
(AQUATIC RESOURCES TRUST FUND)
For payment of necessary expenses incurred for recreational boating safety assistance under Public Law 92-75, as amended, $35,000,000, to be derived from the Boat Safety Account and to remain available until expended. FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development, establishment of air navigation facilities and the operation and maintenance of aircraft, and carrying out the provisions of the Airport and Airway Development Act, as amended, or other provisions of law authorizing the obligation of funds for similar programs of airport and airway development or improvement, purchase of four passenger motor vehicles for replacement only, $4,037,000,000, of which $2,002,749,000 shall be derived from the Airport and Airway Trust Fund: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities and for issuance of airmen and aircraft certificates.
104 STAT. 2160
including processing of major repair and alteration forms: Provided further. That none of these funds shall be available for new applicants for the second career training program or for a pilot test of contractor maintenance: Provided further. That the immediately preceding proviso shall not prohibit the augmentation of the existing field maintenance work force if it is determined to be essential for the safe operation of the air traffic control system: Provided further. That, of the funds available under this head, $3,250,000 shall be made available for the Federal Aviation Administration to enter into contractual agreement with the Mid-American Aviation Resource Consortium in Minnesota to operate an air traffic controller training program.
FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND)
49 use app. 1354a.
For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities as authorized by the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1301 et seq.), including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; and construction and furnishing of quarters and related accommodations of officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1995, $2,095,407,000: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That with appropriations made for the Airway Science Program, as authorized below in this section, the Federal Aviation Administration may hereafter enter into competitive grant agreements with institutions of higher education having airway science curricula, for the Federal share of the allowable direct costs of the following categories of items, to the extent that such items are in support of airway science curricula: (a) the construction, purchase, or lease with option to purchase, of buildings and associated facilities, and 0^) instructional materials and equipment. Such funds are hereby authorized to be appropriated and may remain available until expended, as provided in such Acts. The Federal Aviation Administration shall establish guidelines for determining the direct costs allowable under grants to be made pursuant to this section. The maximum Federal share of the allowable cost of any project assisted by such grants shall be fifty percent.
RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for research, engineering, and development, in accordance with the provisions of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1301 et seq.), including construction of experimental facilities and acquisi-
104 STAT. 2161
tion of necessary sites by lease or grant, $205,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering, and development.
GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for airport planning and development under section 14 of Public Law 91-258, as amended, and under other law authorizing such obligations, and obligations for noise compatibility planning and programs, $1,400,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the commitments for which are in excess of $1,800,000,000 in fiscal year 1991 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 506(e)(4) of the Airport and Airway Improvement Act of 1982, as amended, of which not to exceed $122,509,900 shall be available for letters of intent issued prior to July 30, 1990: Provided further. That, for each percentage point the amount made available for fiscal year 1991 from the Airport and Airway Trust Fund under sections 505, 506(a), 506(b), and 506(c) of the Airport and Airway Improvement Act of 1982 is less than 75 percent of the aggregate of the amount of funds made available for fiscal year 1991 under sections 505, 506(a), and 506(b) of such Act and the amount of funds made available for fiscal year 1991 for operations of the Federal Aviation Administration, the limitation on commitments shall be reduced by such percentage point but not to an amount less than $1,650,000,000.
AVIATION INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958, as amended (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program set forth in the budget for the current fiscal year for aviation insurance activities under said Act.
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
The Secretary of Transportation may hereafter issue notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such obligations may be issued to pay any necessary expenses required pursuant to any guarantee issued under the Act of September 7, 1957, Public Law 85-307, as amended (49 U.S.C. 1324 note). None of the funds in this Act shall be available for the implementation or execution of programs under this head the obligations for which are
49 USC app. 1324 note,
104 STAT. 2162
in excess of $9,970,000 during fiscal year 1991, Such obligations shall be redeemed by the Secretary from appropriations authorized by this section. The Secretary of the Treasury shall purchase any such obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force. The purposes for which securities may be issued under such Act are extended to include any purchase of notes or other obligations issued under the subsection. The Secretary of the Tresisury may sell any such obligations at such times and price and upon such terms and conditions as he shall determine in his discretion. All purchases, redemptions, and sales of such obligations by such Secretary shall be treated as public debt transactions of the United States. FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON GENERAL OPERATING EXPENSES
Necessary expenses for administration, operation, and research of the Federal Highway Administration, not to exceed $256,415,000 shall be paid in accordance with law, from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That not to exceed $67,301,000 of the amount provided herein shall remain available until expended: Provided further, That, notwithstanding any other provision of law, there may be credited to this account funds received from States, counties, municipalities, other public authorities, and private sources, for training expenses incurred for non-Federal employees.
UNIVERSITY TRANSPORTATION CENTERS (HIGHWAY TRUST FUND)
For necessary expenses for university transportation centers, as authorized by section 21(i)(2) of the Urban Mass Trginsportation Act of 1964, as amended, $5,000,000 to be derived from the Highway Trust Fund (other than the Mass Transit Account).
HIGHWAY SAFETY RESEARCH AND DEVELOPMENT (HIGHWAY T R U S T FUND)
For necessary expenses in carrying out the provisions of sections 307(a) and 403 of title 23, United States Code, to be derived from the Highway Trust Fund and to remain available until expended, $5,450,000.
HIGHWAY-RELATED SAFETY GRANTS (UQUIDATION OF CONTRACT AUTHORIZATION) ( H I G H W A Y TRUST FUND)
For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $10,000,000, to be derived from the Highway Trust Fund: Provided, That not to exceed $100,000 of the amount appropriated
104 STAT. 2163
herein shall be available for "Limitation on general operating expenses": Provided further. That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of $10,000,000 in fiscal year 1991 for "Highway-Related Safety Grants".
RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PROJECTS
For necessary expenses of certain railroad-highway crossings demonstration projects as authorized by section 163 of the Federal-Aid Highway Act of 1973, as amended, to remain available until expended, $14,450,000, of which $9,633,333 shall be derived from the Highway Trust Fund.
FEDERAL-AID HIGHWAYS (UMITATION O N OBLIGATIONS) (HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $14,500,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1991: Provided, That within the funds provided for interstate construction, and in accordance with authorized cost-sharing requirements, there shall be available the amounts necessary to provide the Federal share of construction costs of a bridge, designed as required for compliance with the coastal zone plan of the State of New Jersey, on Interstate 295 in the vicinity of Crosswicks Creek near Trenton, New Jersey.
FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND)
23 USC104 note,
For carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $14,300,000,000, or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended.
RIGHT-OF-WAY REVOLVING FUND * (UMITATION ON DIRECT LOANS) (HIGHWAY TRUST FUND)
During fiscal year 1991 and with the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $42,500,000.
MOTOR CARRIER SAFETY
For necessary expenses to carry out the motor carrier safety functions of the Secretary as authorized by the Department of
104 STAT. 2164
Transportation Act (80 Stat. 939-940), $40,000,000, of which $1,782,000 shall remain available until expended.
MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the provisions of section 402 of Public Law 97-424 $63,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $61,500,000 for "Motor Carrier Safety Grants".
BALTIMORE-WASHINGTON PARKWAY (HIGHWAY TRUST FUND)
For necessary expenses, not otherwise provided, to carry out the provisions of the Federal-Aid Highway Act of 1970 for the Baltimore-Washington Parkway, to remain available until expended, $8,415,000, to be derived from the Highway Trust Fund and to be withdrawn therefrom at such times and in such amounts as may be necessary.
INTERMODAL URBAN DEMONSTRATION PROJECT (HIGHWAY TRUST FUND)
For necessary expenses to carry out the provisions of section 124 of the Federal-Aid Highway Amendments of 1974, $8,500,000, to be derived from the Highway Trust Fund.
HIGHWAY SAFETY AND ECONOMIC DEVELOPMENT DEMONSTRATION PROJECTS (HIGHWAY TRUST FUND)
For necessary expenses to carry out construction projects as authorized by Public Law 99-500 and Public Law 99-591, $17,000,000, to be derived from the Highway Trust Fund and to remain available until expended.
HIGHWAY SAFETY IMPROVEMENT DEMONSTRATION PROJECT (HIGHWAY TRUST FUND)
For the purpose of carrying out a coordinated project of highway improvements in the vicinity of Pontiac and East Lansing, Michigan, that demonstrates methods of enhancing safety and promoting economic development through widening and resurfacing of highways on the Federal-aid primary system and on roads on the Federal-aid urban system, as authorized by Public Law 99-500 and Public Law 99-591, $7,650,000, to be derived from the Highway Trust Fund and to remain available until expended.

HIGHWAY-RAILROAD GRADE CROSSING SAFETY DEMONSTRATION PROJECT (HIGHWAY T R U S T FUND)
104 STAT. 2165
For the purpose of carrying out a coordinated project of highwayrailroad grade crossing separations in Mineola, New York, that demonstrates methods of enhancing highway-railroad crossing safety while minimizing surrounding environmental effects, as authorized by Public Law 99-500 and Public Law 99-591, $6,800,000, to be derived from the Highway Trust Fund and to remain available until expended.
HIGHWAY WIDENING DEMONSTRATION PROJECT
For necessary expenses to carry out a demonstration project to improve U.S. Route 202 in the vicinity of King of Prussia, Pennsylvania, as authorized by Public Law 100-202, $1,700,000, to remain available until expended.
BRIDGE IMPROVEMENT DEMONSTRATION PROJECT
Of the amount appropriated to carry out a highway demonstration project in the vicinity of Jacksonville, Florida, by the Department of Transportation and Related Agencies Appropriations Act, 1990 (103 Stat. 1079), and not expended, $2,000,000 shall be available for 80 percent of expenses necessary to carry out construction of new roadways on Blount Island, Florida, without regard to whether or not such expenses are incurred in accordance with section 1.9 of title 23 of the Code of Federal Regulations.
HIGHWAY WIDENING AND IMPROVEMENT DEMONSTRATION PROJECT
For 80 percent of the expenses necessary to carry out a highway project between Paintsville and Prestonsburg, Kentucky, that demonstrates the safety and economic benefits of widening and improving highways in mountainous areas, $3,400,000, to remain available until expended.
INTERSECTION SAFETY DEMONSTRATION PROJECT
For 80 percent of the expenses necessary to complete Douglas Street in the vicinity of El Segundo, California, for the purpose of demonstrating methods of improved highway and highway safety construction, $3,060,000, to remain available until expended.
CUMBING LANE AND HIGHWAY SAFETY DEMONSTRATION PROJECT
For 80 percent of the expenses necessary to carry out a highway project on U.S. Route 15 in the vicinity of Tioga County, Pennsylvania, for the purpose of demonstrating methods of improved highway and highway safety construction, $10,200,000, to remain available until expended.
INDIANA INDUSTRIAL CORRIDOR SAFETY DEMONSTRATION PROJECT
For 80 percent of the expenses necessary for an improved route between Logansport and Peru, Indiana, for the purpose of dem-
104 STAT. 2166
onstrating the safety and economic benefits of widening and improving rural highways, $2,550,000, to remain available until expended.
HIGHWAY CAPACITY IMPROVEMENT DEMONSTRATION PROJECT
For 80 percent of the expenses necessary to improve U.S. Route 231 between U.S. Route 90 and the City of Campbellton in Jackson County, Florida, for the purpose of demonstrating methods of expanding a two-lane segment of a U.S. highway to four lanes, $1,700,000, to remain available until expended.
ALABAMA HIGHWAY BYPASS DEMONSTRATION PROJECT
For 80 percent of the expenses necessary for the construction of a highway bypass project in the vicinity of Jasper, Alabama, for the purpose of demonstrating methods of improved highway and highway safety construction, $8,500,000, to remain available until expended.
KENTUCKY BRIDGE DEMONSTRATION PROJECT
For 80 percent of the expenses necessary to replace the Glover Cary Bridge in Owensboro, Kentucky, for the purpose of demonstrating methods of improved highway and highway safety construction, $3,400,000, to remain available until expended.
VIRGINIA H O V SAFETY DEMONSTRATION PROJECT
For 80 percent of the expenses necessary to construct High Occupancy Vehicle lanes on Interstate Route 66 between Interstate Route 495 and U.S. Route 50 for the purpose of demonstrating methods of increasing highway capacity and safety by the use of highway shoulders to construct HOV lanes, $7,225,000, to remain available until expended.
URBAN HIGHWAY CORRIDOR AND BICYCLE TRANSPORTATION DEMONSTRATION PROJECTS
For 80 percent of the expenses necessary to improve and upgrade the M-59 urban highway corridor in southeast Michigan for the purpose of demonstrating methods of improving congested urban corridors that have been neglected during construction of the Interstate system, $8,500,000, to remain available until expended, together with $850,000, to remain available until expended, to provide for 80 percent of the expenses necessary for a bicycle transportation demonstration project in Macomb County, Michigan.
URBAN AIRPORT ACCESS SAFETY DEMONSTRATION PROJECT
For 80 percent of the expenses necessary to improve and upgrade access to Detroit Metropolitan Airport in southeast Michigan, $9,350,000, to remain available until expended, for the purpose of demonstrating methods of improving access to major urban airports.
PENNSYLVANIA RECONSTRUCTION DEMONSTRATION PROJECT
For 80 percent of the expenses necessary to upgrade, widen, and reconstruct the sections of Pennsylvania Route 56 known as Haws Pike and the Windber By-Pass, for the purpose of demonstrating
PUBLIC LAW 101-516NOV. 5, 1 9 ^
104 STAT. 2167
methods of promoting econoiic development and highway safety, $17,000,000, to remain avaiiatele until expended.
PENNSYLVANIA TOLL ROAS DEMONSTRATION PROJECT
For necessary expenses for the Monongahela Valley Expressway, $5,100,000, to remain available \M\til expended: Provided, That these funds together with funds made available from the Highway Trust Fund, for Federal participation in the tcAl highway project being carried out under section 12(j) of title 23, United States Code, in the State of Pennsylvania shall be subject to section 129(j) of such title, relating to Federal share limitation.
HIGHWAY DEMONSTRATION P R 0 ^ : C T 8
For up to 80 percent of the expenses necessary for certain highway projects that demonstrate methods of iiaproving safety, reducing congestion, or promoting economic development, $71,365,000, to remain available until expended.
HIGHWAY DEMONSTRATION PROJECTSPRELIMINARY ENGINEERING
For up to 80 percent of the expenses necessary to carry out feasibility studies, preliminary engineering, environmental studies, and right-of-way acquisition for certain highway and bicycle transportation projects that demonstrate methods of improving safety, reducing congestion, or promoting economic development, $48,293,000, to remain available until expended.
CORRIDOR H IMPROVEMENT PROJECT
For the purpose of carrying out a demonstration of methods of eliminating traffic congestion, and to promote economic benefits for the area affected by the construction of the Corridor H segment of the Appalachian Highway System, there is hereby appropriated $51,500,000, to remain available until expended: Provided, That all funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.
CORRIDOR G IMPROVEMENT PROGRAM
For the purpose of carrying out a demonstration of methods of eliminating traffic congestion, and to promote economic benefits for the area affected by the construction of the Corridor G segment of the Appalachian Highway System, there is hereby appropriated $33,275,000, to remain available until expended: Provided, That all funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.
CORRIDOR D IMPROVEMENT PROJECT
For the purpose of carrying out a demonstration of methods of eliminating traffic congestion, and to promote economic benefits for the area affected by the construction of the Corridor D segment of the Appalachian Highway System, there is hereby appropriated $10,000,000, to remain available until expended: Provided, That all
104 STAT. 2168
funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.
BYPASS CONSTRUCTION PROJECT
For the purpose of carrying out a demonstration of methods of eliminating traffic congestion, improving highway safety and to promote economic benefits for the area affected by the construction of road improvements including a bypass near Weirton, West Virginia, there is hereby appropriated $42,500,000, to remain available until expended: Provided, That all funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.
CORNING BYPASS SAFETY DEMONSTRATION PROJECT
For the purpose of continuing a demonstration of traffic safety and flow improvement, there is hereby appropriated $17,000,000, to remain available until expended: Provided, That all funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.
TURQUOISE TRAIL PROJECT
For necessary expenses to carry out a demonstration project known as the Turquoise Trail Project, that demonstrates methods of enhancing safety and promoting economic development through converting a dirt roadway into an all weather, two lane highway, there is hereby appropriated $4,684,000, to remain available until expended: Provided, That such sums appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.
TRADE ENHANCEMENT DEMONSTRATION PROJECT
For the purpose of implementing a demonstration of United States-Mexico trade enhancement benefits on approximately 2.6 miles of Federal-aid primary highway on State Route 189 connecting Interstate 19 to the United States-Mexico border, there is hereby appropriated $10,625,000 for engineering, design, construction and other costs incurred in the reconstruction of Mariposa Road, State Route 189 in Nogales, Arizona.
OTTUMWA ROAD EXTENSION PROJECT
For the purpose of carrying out a demonstration of economic growth and development benefits of a four lane highway in areas with industry producing heavy truck traffic, there is hereby appropriated $8,500,000 to remain available until expended, for the acquisition of rights-of-way, and other costs incurred in the upgrading and construction of a portion of a four lane facility between Oskaloosa and Ottumwa along existing State highways and new highway alignments: Provided, That all funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.

IOWA CONNECTOR PROJECT
104 STAT. 2169
For the purpose of carrying out a demonstration of improved access through a connector road, there is hereby appropriated $1,488,000 to remain available until expended, for the acquisition of rights-of-way, and other costs incurred in the construction of a highway facility connecting North 16th Street and North 25th Street in Council Bluffs, Iowa: Provided, That all funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.
HIGHWAY 20 REAUGNMENT PROJECT
For the purpose of carrying out a demonstration of the effect of improved highway and highway realignment, there is hereby appropriated $2,550,000 to remain available until expended, for the acquisition of right-of-way, and other costs incurred in the construction of an improved Highway 20 between Early, Iowa and Fort Dodge, Iowa: Provided, That all funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs.
RAMP RELOCATION AND RECONSTRUCTION DEMONSTRATION PROJECT
For the purposes of carrying out a coordinated program of rehabilitation, relocation and reconstruction of those portions of 1-94 and connecting roads impacted by the construction of a new stadium in Milwaukee, Wisconsin, $10,200,000, to demonstrate methods of reducing traffic congestion in urban areas and particularly around sports facilities, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for this project shall not be included in any calculations made under section 157 of title 23, United States Code, for fiscal year 1991 and each fiscal year thereafter.
U.S. 54 INTERCHANGE PROJECT
For the purpose of carrying out a demonstration of an improved interchange near a major municipal airport, there is hereby appropriated $9,265,000, to remain available until expended, for the acquisition of right-of-way, and other costs incurred in the construction of an improved interchange at Kellogg (U.S. 54) and Dugan Streets in Wichita, Kansas: Provided, That all funds appropriated under this heading shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs: Provided further, That $200,000,000 of unobligated contract authority available for airport development and planning pursuant to section 505(a) of the Airport and Airway Improvement Act of 1982, as amended, is rescinded. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under the Motor Vehicle Information and Cost Savings Act (Public Law 92-513, as amended)
104 STAT. 217@
PUBLIC LAW iai-516NOV. 5, 1990
and the National Traffic and Motor Vehicle Safety Act, $76,347,^)0; of which $5,000,000 shall be for carrying out 23 U.S.C. 410 and of which $38,229,500 shall remain available antil expended.
OPERATIONS ANB RESEARCH (HIGHWAY TRUST FUND)
For ejênses necessary to discharge the functions of the Secretary with respect to traffic and h i ^ w a y safety under chapter 4, title 23, United States Code, to be derived from the Highway Trust Fund, $42,365,900, to remain availd^le until expended.
HIGHWAY TRAFFIC SAFETY GRANTS (UQUIDATIGN OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND)
For pa3rment of obligaticms incurred carrying out the provisions of 23 U.S.C. 402, 406, and 408, and section 209 of Public Law 95-599, as amended, to remain available until expended, $104,825,000, to be derived from the Highway Trust Fund: Provided, That none of the funds in this Act shall be available for the planning or execution of rograms the total obligations for which are in excess of 114,655,000 in fiscal year 1991 for "State and community highway safety grants" authorized under 23 U.S.C. 402: Provided further. That none of these funds shall be used for construction, rehabilitation or remodeling costs, or for office furnishings and fixtures for State, local, or private buildings or structures: Provided further. That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which are in excess of $15,000,000 for "Alcohol safety incentive grants" authorized under 23 U.S.C. 408: Provided further. That not to exceed $5,078,000 shall be available for administering the provisions of 23 U.S.C. 402: Provided further. That notwithstanding any other provision of law, none of the funds in this Act shall be available for the planning or execution of programs authorized under section 209 of Public Law 95-599, as amended, the total obligations for which are in excess of $4,750,000 in fiscal years 1982 through 1991. FEDERAL RAILROAD ADMINISTRATION
OFFICE OF THE ADMINISTRATOR
40 u s e 817 note. Federal buildings and facilities.
For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $14,433,000, of which $1,669,000 shall remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, and that no new commitments to guarantee loans under section 211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as amended, shall be made: Provided further, That, as part of the Washington Union Station transaction in which the Secretary assumed the first deed of trust on the property and, where the Union Station Redevelopment Corporation or any successor is obligated to make payments on such deed of trust on the Secretary's behalf, including payments on and
104 STAT. 2171
after September 30, 1988, the Secretary is authorized to receive such payments directly from the Union Station Redevelopment Corporation, credit them to the appropriation charged for the first deed of trust, and make payments on the first deed of trust with those funds: Provided further. That such additional sums as may be necessary, for payment on the first deed of trust, may be advanced by the Administrator from unobligated balances available to the Federal Railroad Administration, to be reimbursed from payments received from the Union Station Redevelopment Corporation.
LOCAL RAIL FREIGHT ASSISTANCE
For necessary expenses for rail assistance under section 5(q) of the Department of Transportation Act, as amended, $10,000,000, to remain available until expended.
RAILROAD SAFETY
For necessary expenses in connection with railroad safety, not otherwise provided for, $34,362,000, of which $1,203,000 shall remain available until expended: Provided, That there may be credited to this appropriation funds received from non-Federal sources for expenses incurred in training safety employees of private industry. State and local authorities, or other public authorities other than State rail safety inspectors participating in training pursuant to section 206 of the Federal Railroad Safety Act of 1970.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development, $22,147,000, to remain available until expended: Provided, That of this amount $1,000,000 is available until expended for a grant to the Long Island Rail Road to expand and extend an intermodal project including acquisition of intermodal equipment and related equipment, improvement of terminal facilities, and for a study on the potential impact of the Long Island Rail Road Intermodal Project, including the potential relief of bridge and highway congestion in the New York Metropolitan Area: Provided further. That any such New York, grant shall be matched on a dollar for dollar basis by the State of New Jersey. New York and/or the State of New Jersey: Provided further, That up to $400,000 of the funds made available in fiscal year 1990 shall be made available for a grant to the National Railroad Passenger Corporation to undertake research to improve access to rail passenger cars from station platforms for individuals with disabilities and elderly persons: Provided further. That of this amount $500,000 Washington, is available until expended for a grant to the State of Washington for a study on preliminary corridor design and feasibility studies on magnetically levitated rail or other high speed rail options: Provided further. That any such grant shall be matched on a dollar for dollar basis by the State of Washington.
SETTLEMENTS OF RAILROAD LITIGATION
For the payment of promissory notes issued pursuant to section 210(f) of the Regional Rail Reorganization Act of 1973 (Public Law 93-236), as amended, $3,097,000, to remain available until expended, together with such sums as may be necessary for the payment of
104 STAT. 2172
interest due to the Secretary of the Treasury under the terms and conditions of such notes.
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
For necessary expenses related to Northeast Corridor improvements authorized by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.) and the Rail Safety Improvement Act of 1988, $179,000,000, to remain available until expended.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for operating losses incurred by the Corporation, capital improvements, and labor protection costs authorized by 45 U.S.C. 565, to remain available until expended, $475,080,000, of which $343,080,000 shall be available for operating losses incurred by the Corporation and for labor protection costs, and of which $132,000,000 shall be available for capital improvements. Funds made available for operating losses and for labor protection costs which remain unobligated as of September 30, 1991, may be available for capital improvements: Provided, That none of the funds herein appropriated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the president of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status: Provided further, That the Secretary shall make no commitments to guarantee new loans or loans for new purposes under 45 U.S.C. 602 in fiscal year 1991: Provided further, That no funds are required to be expended or reserved for expenditure pursuant to 45 U.S.C. 601(e): Provided further. That none of the funds in this or any other Act shall be made available to finance the rehabilitation and other improvements (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or eliminating such crossings, and the improvement of operational portions of stations related to intercity rail passenger service) on the main line track between Atlantic City, New Jersey, and the main line of the Northeast Corridor, unless the Secretary of Transportation certifies that not less than 40 per centum of the costs of such improvements shall be derived from nonFederal sources: Provided further, That, notwithstanding any other provision of law, the National Railroad Passenger Corporation shall not operate rail passenger service between Atlantic City, New Jersey, and the Northeast Corridor main line unless the Corporation's Board of Directors determines that revenues from such service have covered or exceeded 80 per centum of the short-term avoidable costs of operating such service in the third year of operation and 100 per centum of the short-term avoidable operating costs for each year thereafter: Provided further. That none of the funds provided in this or any other Act shall be made available to finance the acquisition and rehabilitation of a line, and construction necessary to facilitate improved rail passenger service, between Spujrten Duyvil, New York, and the main line of the Northeast Corridor unless the Secretary of Transportation certifies that not less than 40 per
104 STAT. 2173
centum of the costs of such improvements shall be derived from nonAmtrak sources.
MANDATORY PASSENGER RAIL SERVICE PAYMENTS
Notwithstanding any other provision of law, funds provided under this head are available to enable the Secretary of Transportation to pay obligations of the National Railroad Passenger Corporation for repayment taxes due under section 3321 of the Internal Revenue Code of 1986. To enable the Secretary of Transportation to pay obligations md liabilities of the National Railroad Passenger Corporation, $150,000,000: Provided, That of this amount $133,000,000 is available only for the payment of excise tax liabilities under section 3221 of the Internal Revenue Code of 1986 due in fiscal year 1991 in excess of amounts needed to fund benefits for individuals who retired from the National Railroad Passenger Corporation and to beneficiaries of its employees: Provided further. That the remaining amount of $17,000,000 is available only for the pa5ntnent of obligations of the National Railroad Passenger Corporation under section 358(a) of title 45 of the United States Code due in fiscal year 1991 in excess of its obligations calculated on an experience-rated basis.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING FUNDS
The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That no new loan guarantee commitments shall be made during fiscal year 1991: Provided further. That, notwithstanding any other provision of law, the Secretary of Transportation shall sell securities or promissory notes with a principal value of at least $32,000,000 that are held by the Department of Transportation under authority of sections 502, 505-507, 509, and 511-513 of the Railroad Revitalization and Regulatory Rieform Act of 1976 (Public Law 94-210), as amended, by no later than September 30, 1991: Provided further. That such securities or promissory notes authorized to be sold in the immediately preceding proviso shall be sold only for amounts greater than or equal to the net present value to the Government of each loan as determined by the Secretary of Transportation in consultation with the Secretary of the Treasury: Provided further. That the Secretary of Transportation shall transmit a written certification to the Committees on Appropriations of the Senate and House of Representatives before the consummation of each sale certifjdng that the amount to be realized is equal to or greater than the net present value to the Grovernment of each loan: Provided further. That, notwithstanding any other provision of law, for fiscal year 1989 and each fiscal year thereafter all amounts realized from the sale of notes or securities sold under authority of this section shall be considered as current year domestic discretionary outlay offsets and not as "asset sales" or "loan prepayments" as defined by section 257(12) of the Balanced Budget and Emergency Deficit Con-
Securities.
104 STAT. 2174
trol Act of 1985, as amended: Provided further, That any underwriting fees and related expenses shall be derived solely from the proceeds of the sales.
REGIONAL RAIL REORGANIZATION PROGRAM
For the settlement of promissory notes pursuant to section 210 of the Regional Rail Reorganization Act of 1973 (Public Law 93-236), as amended, $284,979, to remain available until expended, together with such sums as may be necessary for the payment of interest due to the Secretary of the Treasury under the terms and conditions of such notes.
CoNRAiL COMMUTER T R A N S I T I O N ASSISTANCE
For necessary capital expenses of Conrail commuter transition assistance, not otherwise provided for, $5,000,000, to remain available until expended.
AMTRAK CORRIDOR IMPROVEMENT LOANS Illinois.
Securities.
For loans to the Chicago, Missouri and Western Railroad, or its successors, to replace existing jointed rail with continuous welded rail between Joliet and Granite City, Illinois, $3,500,000: Provided, That any loan authorized under this section shall be structured with a maximum 20-year payment at an annual interest rate of 4 per centum: Provided further. That the Federal Government shall hold a first and prior purchase money security interest with respect to any materials to be acquired with Federal funds: Provided further. That any such loan shall be matched on a dollar for dollar basis by the State of Illinois: Provided further, That any such loan shall be made available no later than thirty days after enactment of this Act. URBAN MASS TRANSPORTATION ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), and 23 U.S.C. chapter 1, in connection with these activities, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $32,583,000: Provided, That none of the funds provided in this Act shall be used to implement or enforce the April 25, 1989, Notice of Proposed Rulemaking, "Major Capital Investment Projects".
RESEARCH, TRAINING, AND HUMAN RESOURCES
For necessary expenses for research, training, and human resources as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended, $8,000,000: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for training.

FORMULA GRANTS
104 STAT. 2175
For necessary expenses to carry out the provisions of sections 9 and 18 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $1,600,000,000, together with $5,000,000 to carry out the provisions of section 18(h) of the Urban Mass Transportation Act of 1964, as amended, to remain available until expended: Provided, That notwithstanding any other provision of law, of the funds provided under this head for formula grants, no more than $802,278,000 may be used for operating assistance under section 9(kX2) of the Urban Mass Transportation Act of 1964, as gunended: Provided further, That notwithstanding any other provision of law, before apportionment of these funds, $13,000,000 shall be made available for the purposes of section 18 of the Urban Mass Transportation Act of 1964, as amended.
DISCRETIONARY GRANTS (UMITATION ON OBUGATIONS) (HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for the implementation or execution of programs in excess of $1,400,000,000 in fiscal year 1991 for grants under the contract authority authorized in section 21 (aX2) and (b) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.).
MASS TRANSIT CAPITAL FUND (UQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out section 21 (aX2) and (b) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), administered by the Urban Mass Transportation Administration, $900,000,000, to be derived from the Highway Trust Fund and to remain available until expended.
INTERSTATE TRANSFER GRANTSTRANSIT
For necessary expenses to carry out the provisions of 23 U.S.C. 103(eX4) related to transit projects, $160,000,000, to remain available until expended.
WASHINGTON METRO
For necessary expenses to carry out the provisions of section 14 of Public Law 96-184, $64,100,000, to remain available until expended. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be neeGovernment contracts.
104 STAT. 2176
essary in carrying out the programs set forth in the Corporation's budget for the current fiscal year.
OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operation and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $10,250,000, of which $174,000 shall remain available until expended to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the Research and Special Programs Administration, and for expenses for conducting research and development, $15,833,000, of which $1,535,000 shall remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training and for aviation information management.
PIPELINE SAFETY (PIPEUNE SAFETY FUND)
For expenses necessary to conduct the functions of the pipeline safety program and for grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979, $11,042,000, to be derived from the Pipeline Safety Fund, of which $5,925,000 shall remain available until expended. OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $31,875,000. TITLE IIRELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $2,700,000.
PUBLIC LAW 101-516NOV. 5, 1990 NATIONAL TRANSPORTATION SAFETY BOARD

104 STAT. 2177
For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $31,470,000, of which not to exceed $1,000 may be used for official reception and representation expenses. INTERSTATE COMMERCE COMMISSION
SALARIES AND E X P E N S E S
For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, $43,777,000: Provided, That joint board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their official duties as such.
PAYMENTS FOR DIRECTED RAIL SERVICE (LIMITATION ON OBLIGATIONS)
49USC 10344 "**-
None of the funds provided in this Act shall be available for the execution of programs the obligations for which can reasonably be expected to exceed $475,000 for directed rail service authorized under 49 U.S.C. 11125 or any other Act. PANAMA CANAL COMMISSION
PANAMA CANAL REVOLVING FUND
For administrative expenses of the Panama Canal Commission, including not to exceed $10,000 for official reception and representation expenses of the Board; not to exceed $4,000 for official reception and representation expenses of the Secretary; and not to exceed $25,000 for official reception and representation expenses of the Administrator, $48,928,000, to be derived from the Panama Canal Revolving Fund: Provided, That none of these funds may be used for the planning or execution of non-administrative and capital programs the obligations for which are in excess of $459,000,000 in fiscal year 1991: Provided further. That funds available to the Panama Canal Commission shall be available for the purchase of not to exceed forty-four passenger motor vehicles for replacement only (including large heavy-duty vehicles used to transport Commission personnel across the Isthmus of Panama, the purchase price of which shall not exceed $15,000 per vehicle).
104 STAT. 2178
PUBLIC LAW 101-516NOV. 5,
im)
DEPARTMENT OF THE TREASURY

REBATE OF SAINT LAWRENCE SEAWAY TOLLS
(HARBOR MAINTENANCE TRUST FUNB)
F<M' rebate of the United States portion f tolls paid few use of the Saint Lawrence Seaway, pursuant to Public Law 99-662, $10,500,0^, to remain availaUe until expended and to be derived from the Harbor Maintenance Trust Fund, of which not to exceed $20iO,0^ shall be available for expeiês of administ^'ing the rebates. WASmNGTON METROPOLITAN AREA TRANSIT AUTHORITY
INTEREST PAYMENTS
For necessary e x ^ n s e s for interest payments, to remain available until expended, $51,663,569: Provided, That these funds shall be disbursed pursuant to terms and conditicms established by PuMic Law 96-184 and the Initial Bond Repayment Psoliicipation Agreement. TITLE IIIGENERAL PROVISIONS SEC. 301. During the current fiscal year apjîcable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). SEC. 302. Funds for the Panama Canal Commission may be apportioned notwithstanding 31 U.S.C. 1341 to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law that are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. 20 use 241 note. SEC. 303. Funds appropriated under this Act for expenditures by the Federal Aviation Administration shall be available (1) except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. SEC. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18.
104 STAT. 2179
SEC. 305. None of the funds for the Panama Canal Commission may be expended unless in conformance with the Panama Canal Treaties of 1977 and any law implementing those treaties. SEC. 306. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. SEC. 307. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year nor may any be transferred to other appropriations unless expressly so provided herein. SEC. 308. None of the funds in this or any previous or subsequent Act shall be available for the planning or implementation of any change in the current Federal status of the Transportation Systems Center, and none of the funds in this Act shall be available for the implementation of any change in the current Federal status of the Turner-Fairbank Highway Research Center: Provided, That the Secretary may plan for further development of the Transportation Systems Center and for other compatible uses of the Center's real property, provided that any such planning does not alter the Federal status of the Center's research and development operation. SEC. 309. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing executive order issued pursuant to existing law. SEC. 310. (a) For fiscal year 1991 the Secretary of Transportation shall distribute the obligation limitation for Federal-aid highways by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction that are apportioned or allocated to each State for such fiscal year bear to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction that are apportioned or allocated to all the States for such fiscal year. (b) During the period October 1 through December 31, 1990, no State shall obligate more than 35 per centum of the amount distributed to such State under subsection (a), and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection: Provided, That this subsection shall not apply to funds obligated for the Kennedy Expressway rehabilitation project in Chicago, Illinois. (c) Notwithstanding subsections (a) and 0?), the Secretary shall (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction that have been apportioned to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5XA) of title 23, United States Code; (2) after August 1, 1991, revise a distribution of the funds made available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United
Intergovernmental relations. 23 u s e 104 note.
104 STAT. 2180
States Code, and giving priority to those States which, because of statutory changes made by the Surface Transportation Assistance Act of 1982 and the Federal-Aid Highway Act of 1981, have experienced substantial proportional reductions in their apportionments and allocations; and (3) not distribute amounts authorized for administrative expenses, the Federal lands highway program, the strategic highway research program and amounts made available under sections 149(d), 158, 159, 164, 165, and 167 of Public Law 100-17. (d) The limitation on obligations for Federal-aid highways and highway safety construction programs for fiscal year 1991 shall not apply to obligations for emergency relief under section 125 of title 23, United States Code; obligations under section 157 of title 23, United States Code; projects covered under section 147 of the Surface Transportation Assistance Act of 1978, section 9 of the FederalAid Highway Act of 1981, subsections 131 0^) and (j) of Public Law 97-424, section 118 of the National Visitors Center Facilities Act of 1968, section 320 of title 23, United States Code; projects authorized by Public Law 99-500, Public Law 99-591 and Public Law 100-202; or projects covered under subsections 149 0^) and (c) of Public Law 100-17. (e) Subject to paragraph (c)(2) of this General Provision, a State which after August 1 and on or before September 30 of fiscal year 1991 obligates the amount distributed to such State in that fiscal year under paragraphs (a) and (c) of this General Provision may obligate for Federal-aid highways and highway safety construction on or before September 30, 1991, an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to such State (1) under sections 104, 130, 144, and 152 of title 23, United States Code, and (2) for highway assistance projects under section 103(eX4) of such title, which are not obligated on the date such State completes obligation of the amount so distributed. (f) During the period August 2 through September 30, 1991, the aggregate amount which may be obligated by all States pursuant to paragraph (e) shall not exceed 2.5 percent of the aggregate amount of funds apportiorêd or allocated to all States (1) under sections 104, 130, 144, and 152 of title 23, United States Code, and (2) for highway assistance projects under section 103(eX4) of such title, which would not be obligated in fiscal year 1991 if the total amount of the obligation limitation provided for such fiscal year in this Act were utilized. (g) Paragraph (e) shall not apply to any State which on or after August 1, 1991, has the amount distributed to such State under paragraph (a) for fiscal year 1991 reduced under paragraph (c)(2). SEC. 311. None of the funds in this Act shall be available for salaries and expenses of more than one hundred and twenty political and Presidential appointees in the Department of Transportation. SEC. 312. Not to exceed $1,350,000 of the funds provided in this Act for the Department of Transportation shall be available for the necessary expenses of advisory committees.
104 STAT. 2181

49 u s e app. 1617 note.
SEC. 313. The limitation on obligations for the Discretionary Grants program of the Urban Mass Transportation Administration shall not apply to any authority under section 21(a)(2) of the Urban Mass Transportation Act of 1964, as amended, previously made available for obligation. SEC. 314. Notwithstanding any other provision of law, none of the funds in this Act shall be available for the construction of, or any other costs related to, the Central Automated Transit System (Downtown People Mover) in Detroit, Michigan. SEC. 315. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. SEC. 316. Every 30 days, the Urban Mass Transportation Administration shall publish in the Federal Register an announcement of each grant obligated pursuant to sections 3 and 9 of the Urban Mass Transportation Act of 1964, as amended, including the grant number, the grant amount, and the transit property receiving each grant. SEC. 317. Notwithstanding any other provision of law, funds appropriated in this or any other Act intended for studies, reports, training, salaries, or research, and related costs thereof including necessary capital expenses, including site acquisition, construction and equipment, are available for such purposes to be conducted through contracts, grants, or financial assistance agreements with the educational institutions that are specified in such Acts or in any report accompanying such Acts. SEC. 318. The Secretary of Transportation shall permit the obligation of not to exceed $4,000,000, apportioned under title 23, United States Code, section 104(b)(5)(B) for the State of Florida for operating expenses of the Tri-County Commuter Rail Project in the area of Dade, Broward, and Palm Beach Counties, Florida, during each year that Interstate 95 is under reconstruction in such area.
SEC. 319. ESSENTIAL AIR SERVICE COMPENSATION.Notwithstand-
Federal Register, publication. Grants.
Florida.
ing any other provision of law, the Secretary of Transportation shall make payment of compensation under subsection 419 of the Federal Aviation Act of 1958, as amended, only to the extent and in the manner provided in appropriations Acts, at times and in a manner determined by the Secretary to be appropriate, and claims for such compensation shall not arise except in accordance with this provision. SEC. 320. The authority conferred by section 513(d) of the Airport and Airway Improvement Act of 1982, as amended, to issue letters of intent shall remain in effect subsequent to September 30, 1992. Letters of intent may be issued under such subsection to applicants determined to be qualified under such Act: Provided, That, notwithstanding any other provision of law, all such letters of intent in excess of $10,000,000 shall be submitted for approval to the Committees on Appropriations of the Senate and the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Public Works and Transportation of the House of Representatives. SEC. 321. The Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided, That no appropriation shall be increased or decresised by more than 5 per centum by all such transfers: Provided further. That any such transfer shall be submitted for approval to the House and Senate Committees on Appropriations.
104 STAT. 2182
SEC. 322. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act. SEC. 323. VESSEL TRAFFIC SAFETY FAIRWAY.None of the funds in this Act shall be available to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. SEC. 324. Notwithstanding any other provision of law, airports may transfer, without consideration, to the Federal Aviation Administration instrument landing systems (along with associated approach lighting equipment and runway visual range equipment), the purchase of which was assisted by a Federal airport aid program, airport development aid program or airport improvement program grant. The Federal Aviation Administration shall accept such equipment and it shall thereafter be operated and maintained by the Federal Aviation Administration in accordance with agency criteria.
SEC. 325. (a) INTERMODAL URBAN DEMONSTRATION PROJECT.
Funds appropriated in this Act for "Intermodal Urban Demonstration Project" shall remain available until expended.
New York. (b) WESTSIDE CONNECTOR RAIL LINE PROJECT.Notwithstanding
49 u s e 2311.
any other provision of law, of the discretionary funds available to New York State under the Interstate Transfer Grants-Transit account of this Act, $11,000,000 shall be transferred to the Federal Railroad Administration, which shall make such funds available to Amtrak for the Westside Connector Rail Line Project in New York City. SEC. 326. Notwithstanding any other provision of law, funds available to the Coast Guard under the head "Operating Expenses" in this Act shall be available for expenses incurred in fiscal year 1991 by the Coast Guard in responding to any oil spill. SEC. 327. (a) MAXI-CUBE VEHICLES.Section 411(d) of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(d)), relating to length limitations on federally assisted highways, is amended by inserting after "boat transporters" the following: "and maxi-cube vehicles".
(b) INTERNATIONAL FLIGHT SERVICE TRANSMITTING FACILITY.(1)
Government property. New York. Mary E. Shell. Edward Shell.
Notwithstanding any other provision of law, and subject to the provisions of subsection (b)(2) below, title to a certain 102 acres of property located at West Sayville, town of Islip, Suffolk County, New York, as described in a deed dated November 4, 1918, from the Atlantic Communication Company, recorded in the office of the County Clerk of Suffolk County, New York on February 2, 1921, in Deed Liber 1016, page 433; a quit claim deed dated January 20,1920, from Mary E. Shell; Executrix of the Estate of Edward Shell, recorded in the office of the County Clerk of Suffolk County, New York in Deed Liber 1016, page 438; and a deed dated September 2, 1920, from Atlantic Communication Company, recorded in the office of the County Clerk of Suffolk County, New York in Deed Liber 1016, page 443, and known as the Federal Aviation Administration's International Flight Service Transmitting Facility, shall be conveyed to the Fish and Wildlife Service of the United States Department of the Interior in order to ensure the continued protection of the sandplain gerardia (Agalinis acuta) a federally listed endangered plant species.
104 STAT. 2183
(2) The conveyance of the property identified in subsection (b)(1) New Jersey, shall become effective upon certification by the Administrator oip the Federal Aviation Administration that the International Flight Service Transmitting Facility currently located on such property has been completely relocated to an alternate site in Barnegat, New Jersey, and that the relocated International Flight Service Transmitting Facility is fully functional. (3) Pursuant to the provisions of 40 U.S.C. 484(k)(2), a certain 19.2 New York, acres of property located on the west side of Cherry Avenue in West Sayville, town of Islip, County of Suffolk, New York, as described in a Declaration of Taking, Civil Number 60-CD-853, filed in United States District Court for the Eastern District of New York, dated September 9, 1960, shall be transferred, as a public benefit transfer and without cost, to said town of Islip for recreational purposes. SEC. 328. WESTSIDE LIGHT RAIL.Notwithstanding any other Government provision of law, the Secretary shall, with regard to the Discre- contracts, tionary Grants program of the Urban Mass Transportation '"^gon. Administration, by September 30, 1991, issue a letter of intent and enter into a full funding agreement for the Westside Light Rail extension, including systems related costs, between downtown Portland, Oregon, and S.W. 185th Avenue. That full funding agreement shall provide for a future amendment under the same terms and conditions set forth above, for the extension known as the Hillsboro project which extends from S.W. 185th Avenue to the Transit Center in the City of Hillsboro, Oregon. Subject to a regional decision documented in the Hillsboro project's preferred alternatives report, the Secretary shall enter into an agreement with the Tri-County Metropolitan Transportation District in Portland, Oregon, to initiate preliminary engineering on the Hillsboro project, which shall proceed independent of and concurrent with the project between downtown Portland, Oregon, and S.W. 185th Avenue. SEC. 329. (a) Notwithstanding any other provision of law, the 23 USC104 note. Secretary of Transportation shall reduce the aggregate amount which a State may obligate for Federal-aid highways and highway safety construction programs for fiscal year 1991 by 25 percent if such State has a public authority which provides mass transportation for an urbanized area of such State with a population of 3,000,000 or more as determined under the 1980 decennial census of the United States, and if by October 1,1990 (1) laws of such State do not authorize a general tax-based source of revenues to take effect on or before January 1, 1992, dedicated to paying the non-Federal share of projects for mass transportation eligible for assistance under the Urban Mass Transportation Act of 1964; or (2) the laws of such State do not authorize the establishment of regional or locsd tax-based sources of revenues dedicated to pay such non-Federal share or for paying operating expenses of mass transit service so as to satisfy financial capacity standards as may be required by the Secretary of Transportation. (b) The Secretary of Transportation may restore any reductions in obligation authority made under paragraph (a) in fiscal year 1991 for any such State which meets by July 1, 1991, subparagraph (1) or (2) of paragraph (a). (c) For purposes of this section, the terms "mass transportation", "State", and "urbanized areas" have the meaning such terms have under section 12 of the Urban Mass Transportation Act of 1964.
104 STAT. 2184

49 u s e app.

SEC. 330. (a) AUXIUARY FLIGHT SERVICE STATION PROGRAM.The
Administrator of the Federal Aviation Administration shall develop and implement a system of manned auxiliary flight service stations. The auxiliary flight service stations shall supplement the services of the planned consolidation to 61 automated flight service stations under the flight service station modernization program. Auxiliary flight service stations shall be located in areas of unique weather or Effective date. operational conditions which are critical to the safety of flight. Not Reports. later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall report to Congress with the plan and schedule for implementation of this section. (b) NATIONAL WEATHER GRAPHICS SYSTEM.None of the funds made available in this Act may be used by the Federal Aviation Administration for a new National Weather Graphics System. 23 use 154 note. SEC. 331. NATIONAL 55 MPH SPEED LIMIT ENFORCEMENT PENALTIES.Notwithstanding sections 141(a) and 154 of title 23, United States Code, none of the funds in this or any previous or subsequent Act shall be used for the purpose of reducing or reserving any portion of a State's apportionment of Federal-aid highway funds as required by section 154(f) of title 23, United States Code, for reason of noncompliance with the criteria of that subsection during fiscal year 1989. The Secretary shall promptly restore any apportionments which, prior to enactment of this Act, were reduced or reserved from obligation for reason of noncompliance under section 154(f) during said fiscal year. SEC. 332. Unless specifically provided in this Act, none of the funds in this Act shall be available to initiate multiyear contracts for a program which meets the criteria of a Level I or Level II major system acquisition as defined by Department of Transportation Order 4200.14 if the total value of procurement end items in the contract, including options, exceeds $100,000,000: Provided, That for the purposes of this section, a multiyear contract is defined as one which provides for more than one year's requirements of systems, subsystems, or components within a single contract: Provided further. That none of the funds in this Act shall be available to initiate contracts for major systems acquisition which include procurement options where funding for those options is scheduled to be provided prior to delivery to the Federal Government of at least fifty per centum of all units previously ordered under that contract. 23 use 104 note. SEC. 333. For each fiscal year the Secretary of Transportation shall withhold five per centum of the amount required to be apportioned to any State under each of paragraphs (1), (2), (5), and (6) of section 10403) on the first day of each fiscal year which begins after the second full calendar year following the date of enactment of this section if the State does not meet the requirements of paragraph (3) on such date. Subsections (a)(2), (a)(3), (b), and (c) of section 104 of title 23, United States Code, are amended as follows: "(2) The Secretary shall withhold 10 per centum (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (2), (5), and (6) of section 1040t)) on the first day of each fiscal year which begins after the fourth full calendar year following the date of enactment of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year. "(3) A State meets the requirements of this paragraph if
1348 note.
104 STAT. 2185
"(A) the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception "(i) the revocation, or suspension for at least 6 months, of the driver's license of any individual who is convicted, after the enactment of such law, of "(I) any violation of the Controlled Substances Act, or "(11) any drug offense, and "(ii) a delay in the issuance or reinstatement of a driver's license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver's license if the individual does not have a driver's license, or the driver's license of the individual is suspended, at the time the individual is so convicted, or "(B) The Governor of the State "(i) submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State's legislature which begins after the date of enactment of this section a written certification stating that he is opposed to the enactment or enforcement in his State of a law described in subparagraph (A) relating to the revocation, suspension, issuance, or reinstatement of driver's licenses to convicted drug offenders; and "(ii) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i). "(b)(1)(A) Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 1995, shall remain available for apportionment to such State as follows: "(i) If such funds would have been apportioned under section 104(b)(5)(A) but for this section, such funds shall remain available until the end of the fiscal year for which such funds are authorized to be appropriated. "(ii) If such funds would have been apportioned under section 104(bX5)(B) but for this section, such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated. "(iii) If such funds would have been apportioned under paragraph (1), (2), or (6) of section 104(b) but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated. "(B) No funds withheld under this section from apportionment to any State after September 30, 1995, shall be available for apportionment to such State. "(2) If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirements of subsection (a)(3), apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. "(3) Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows: "(A) Funds originally apportioned under section 104(b)(5)(A) shall remain available until the end of the fiscal year succeed-
39-194 O - 91 - 27 : QL 3 Part 3
104 STAT. 2186
ing the fiscal year in which such funds are apportioned under paragraph (2). "(B) Funds originally apportioned under paragraph (1), (2), (5)(B), or (6) of section 104(b) shall remain available until the end of the third fiscal year succeeding the fiscal year in which such funds are so apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with section 118(b). "(4) If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (a)(3), such funds shall lapse or, in the case of funds withheld from apportionment under section 10403)(5), such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b). "(c) For purposes of this section "(1) The term 'driver's license' means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways. "(2) The term 'drug offense' means any criminal offense which proscribes "(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act, or "(B) the operation of a motor vehicle under the influence of such a substance. "(3) The term 'convicted' includes adjudicated under juvenile proceedings.", (b) The table of contents for chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new item:
"159. Revocation or suspension of the driver's license of individuals convicted of drug offenses.".
SEC. 334. Unobligated funds authorized to be appropriated by section 131(dX2) of the Highway Improvement Act of 1982, Public Law 97-424, shall be available for obligation for the project described in section 149(aX88) of the Federal-Aid Highway Act of 1987, Public Law 100-17, in the same manner and to the same extent provided in section 131(dX3) of the Highway Improvement Act of 1982. SEC. 335. Notwithstanding section 127 of title 23, United States Code, the State of Wyoming may permit the use of the National System of Interstate and Defense Highways located in Wyoming by vehicles in excess of 80,000 pounds gross weight, but meeting axle and bridge formula specifications in section 127 of title 23, United States Code: Provided, That this section shall remain in effect until December 31 1991. SEC. 336. 23 U.S.C. 410(eXlXC) is hereby amended by striking the words "within the time period specified in subparagraph (F)"; 23 U.S.C. 410(e)(2) is hereby amended by adding the words "a significant portion o f after the word "which", the first time it appears,
104 STAT. 2187
and by striking the words "convicted o f and inserting in lieu thereof the words "apprehended and fined for". SEC. 337. Within 180 days of the effective date of this Act, the Federal Aviation Administration shall undertake and complete a study on the classification of air traffic controllers at level IV limited radar approach facilities which includes airspace complexity as a factor in determining grade classification. The results of this study, along with an implementation plan, shall be provided to the House and Senate Committees on Appropriations. SEC. 338. Notwithstanding any provision of the Urban Mass Transportation Act of 1964, as amended, the Urban Mass Transportation Administration shall not withhold fiscal year 1989, 1990 or 1991 funds for any section 3 and section 9 operating and capital assistance grants for the City of Phoenix, Arizona, based on the inclusion of a "preference in hiring" provision in the employee protective arrangements developed pursuant to 49 U.S.C. 1609(c). SEC. 339. Notwithstanding subsection (d) of section 402 of the Surface Transportation Assistance Act of 1982 (Public Law 97-424, 96 Stat. 2155, 2156) for States which have received only a development grant for fiscal year 1989 under such section 402 and which have participated in the Commercial Motor Carrier Safety Inspection and Weighing Demonstration Program, the Secretary shall only approve a plan under such section 402 for fiscal year 1991 which provides that the aggregate expenditure of funds of the State and political subdivisions thereof, exclusive of Federal funds, for commercial motor vehicle safety programs will be maintained at a level which does not fall below the average level of such expenditure for the last two full fiscal years preceding fiscal year 1990. SEC. 340. (a)(1) None of the funds appropriated by this Act may be obligated or expended to enter into any contract for the construction, alteration, or repair of any public building or public work in the United States or any territory or possession of the United States with any contractor or subcontractor of a foreign country, or any supplier of products of a foreign country, during any period in which such foreign country is listed by the United States Trade Representative under subsection (c) of this section. (2) The President or the head of a Federal agency administering the funds for the construction, alteration, or repair may waive the restrictions of paragraph (1) of this subsection with respect to an individual contract if the President or the head of such agency determines that such action is necessary for the public interest. The authority of the President or the head of a Federal agency under this paragraph may not be delegated. The President or the head of a Federal agency waiving such restrictions shall, within 10 days, publish a notice thereof in the Federal Register describing in detail the contract involved and the reason for granting the waiver. (b)(1) Not later than 30 days after the date of enactment of this Act, the United States Trade Representative shall make a determination with respect to each foreign country of whether such foreign country (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign
41 u s e 10b note.
President. Federal Register, publication. Government contracts.
104 STAT. 2188
Reports.
country or by an entity controlled directly or indirectly by such foreign country. (2) In making determinations under paragraph (1), the United States Trade Representative shall take into account information obtained in preparing the report submitted under section 181(b) of the Trade Act of 1974 and such other information or evidence concerning discrimination in construction projects against United States products and services that are available. (c)(1) The United States Trade Representative shall maintain a list of each foreign country which (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) Any foreign country that is initially listed or that is added to the list maintained under paragraph (1) shall remain on the list until (A) such country removes the barriers in construction projects to United States products and services; (B) such country submits to the United States Trade Representative evidence demonstrating that such barriers have been removed; and (C) the United States Trade Representative conducts an investigation to verify independently that such barriers have been removed and submits, at least 30 days before granting any such waiver, a report to each House of the Congress identifjdng the barriers and describing the actions taken to remove them. (3) The United States Trade Representative shall publish in the Federal Register the entire list required under paragraph (1) and shall publish in the Federal Register any modifications to such list that are made after publication of the original list. (d) For purposes of this section (1) The term "foreign country" includes any foreign instrumentality. Each territory or possession of a foreign country that is administered separately for customs purposes shall be treated as a separate foreign country. (2) Any contractor or subcontractor that is a citizen or national of a foreign country, or is controlled directly or indirectly by citizens or nationals of a foreign country, shall be considered to be a contractor or subcontractor of such foreign country. (3) Subject to paragraph (4), any product that is produced or manufactured (in whole or in substantial part) in a foreign country shall be considered to be a product of such foreign country. (4) The restrictions of subsection (a)(1) shall not prohibit the use, in the construction, alteration, or repair of a public building or public work, of vehicles or construction equipment of a foreign country. (5) The terms "contractor" and "subcontractor" includes any person performing any architectural, engineering, or other services directly related to the preparation for or performance of the construction, alteration, or repair.
104 STAT. 2189
(e) Paragraph (a)(1) of this section shall not apply to contracts entered into prior to the date of enactment of this Act. (f) The provisions of this section are in addition to, and do not limit or supersede, any other restrictions contained in any other Federal law. SEC. 341. (a) Notwithstanding any other provision of law, for the 23 use 104 note. period January 1, 1992, through December 31, 1992, the Secretary of Transportation shall reduce the aggregate amount which a State may obligate for Federal-aid highways and highway safety construction programs by 25 percent if such State has a public authority which provides mass transportation for an urbanized area of such State with a population of 3,000,000 or more as determined under the 1980 decennial census of the United States, and if by October 1, 1991 (1) laws of such State do not authorize a general tax-based source of revenues to take effect on or before January 1, 1992, dedicated to paying the non-Federal share of projects for mass transportation eligible for assistance under the Urban Mass Transportation Act of 1964; or (2) the laws of such State do not authorize the establishment of regional or local tax-based sources of revenues dedicated to pay such non-Federal share or for paying operating expenses of mass transit service so as to satisfy financial capacity standards as may be required by the Secretary of Transportation. (b) For purposes of this section, the terms "mass transportation", "State", and "urbanized areas" have the meaning such terms have under section 12 of the Urban Mass Transportation Act of 1964. (c) Any withholding defined under this section shall be waived if the Governor of the State (1) submits to the Secretary by October 1, 1991, a written certification stating that he is opposed to the enactment in his State of a law described in subsections (a) (1) and (2) and that funding as described in subsections (a) (1) and (2) would not improve public transportation safety; and (2) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution by a simple majority expressing its opposition to a law described in subsections (a) (1) and (2). (d) This section shall remain in effect until December 31, 1992. This Act may be cited as the "Department of Transportation and Related Agencies Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5229: HOUSE REPORTS: No. 101-584 (Comm. on Appropriations) and No. 101-892 (Coram. of Conference). SENATE REPORTS: No. 101-398 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): July 12, considered and passed House. Aug. 4, considered and passed Senate, amended. Oct. 19, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Oct. 26, Senate agreed to conference report and concurred in certain House amendments. Oct. 27, Senate concurred in certain House amendment, in another with an amendment. House concurred in Senate amendment.
104 STAT. 2190

Nov. 5, 1990 [H.R. 5257] Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1991, and for other purposes.
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991. Department of Labor Appropriations Act, 1991.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1991, and for other purposes, namely: TITLE IDEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION PROGRAM ADMINISTRATION
For expenses of administering employment and training programs, $71,480,000, together with not to exceed $54,301,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.
TRAINING AND EMPLOYMENT SERVICES
For expenses necessary to carry into effect the Job Training Partnership Act, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authorized by the Job Training Partnership Act, $4,098,236,000, plus reimbursements, to be available for obligation for the period July 1, 1991, through June 30, 1992, of which $61,097,000 shall be for carrying out section 401, $72,024,000 shall be for carrying out section 402, $9,345,000 shall be for carrying out section 441, $1,894,000 shall be for the National Commission for Employment Policy, $4,250,000 shall be for all activities conducted by and through the National Occupational Information Coordinating Committee under the Job Training Partnership Act, and $4,000,000 shall be for service delivery areas under section 101(a)(4)(A)(iii) of the Job Training Partnership Act in addition to amounts otherwise provided under sections 202 and 2510?) of the Act; and, in addition, $68,920,000 is appropriated for the Job Corps, in addition to amounts otherwise provided herein for the Job Corps, to be available for obligation for the period July 1, 1991 through June 30, 1994; and in addition, $11,500,000 is appropriated for activities authorized by title VII, subtitle C of the Stewart B. McKinney Homeless Assistance Act: Provided, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers.
104 STAT. 2191
None of the funds in this Act shall be obligated to renovate or relocate the Job Corps center in Detroit, Michigan.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $312,000,000. To carry out the activities for grants to States under paragraph (3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $88,000,000.
FEDERAL UNEMPLOYMENT BENEFITS A N D ALLOWANCES
For payments during the current fiscal year of benefits and payments as authorized by title II of Public Law 95-250, as amended, and of trade adjustment benefit payments and allowances under part I, and for training, for allowances for job search and relocation, and for related State administrative expenses under part II, subchapter B, chapter 2, title II of the Trade Act of 1974, as amended, $269,500,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current year: Provided, That amounts received or recovered pursuant to section 208(e) of Public Law 95-250 shall be available for payments.
STATE UNEMPLOYMENT INSURANCE A N D EMPLOYMENT SERVICE OPERATIONS
For activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-491-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social Security Act, as amended (42 U.S.C. 502-504); necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, and sections 225, 231-235 and 243-244, title II of the Trade Act of 1974, as amended; as authorized by section 7c of the Act of June 6, 1933, as amended, necessary administrative expenses under sections 101(a)(15)(H)(ii), 212(a)(14), and 216(g) (1), (2), and (3) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.); and necessary administrative expenses to carry out the Targeted Jobs Tax Credit Program under section 51 of the Internal Revenue code of 1986, $25,600,000, together with not to exceed $2,914,246,000 (including not to exceed $2,000,000 which may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980), which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which the sums available in the basic allocation for activities authorized by title III of the Social Security Act, as amended (42 U.S.C. 502-504), and the sums available in the basic allocation for necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, shall be available for obligation by the States through December 31, 1991, and of which $18,882,000 of the amount which may be expended from said trust fund shall be available for obligation for the period April 1, 1991, through December 31, 1991, for automation of the State activities under title III of the Social Security Act, as amended (42 U.S.C. 502-504 and 5 U.S.C. 8501-8523), and of which $21,700,000 together with not to exceed $803,300,000 of the amount which may be expended from said trust
104 STAT. 2192
fund shall be available for obligation for the period July 1, 1991, through June 30, 1992, to fund activities under section 6 of the Act of June 6, 1933, as amended, including the cost of penalty mail made available to States in lieu of allotments for such purpose, and of which $12,500,000 of the amount which may be expended from said trust fund shall be available for obligation for the period October 1, 1991 through June 30, 1992, for automation of the State activities under section 6 of the Act of June 6, 1933, as amended, and of which $247,509,000 shall be available only to the extent necessary to administer unemployment compensation laws to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State's basic allocation was based, which cannot be provided for by normal budgetary adjustments based on State obligations as of December 31, 1991: Provided, That of the amounts appropriated under "School Improvement Programs" herein, $1,000,000 shall be available, to remain available until expended, for payment of the expenses incurred by the School Year Extension Study Commission if such a Commission is authorized by law, and of the amounts appropriated under "Education Research, Statistics, and Improvement" herein, $2,000,000 shall be available, if authorized in law, to remain available through fiscal year 1993, for expenses to be incurred in the operation of an independent National Council on Educational Goals, or any similar panel, council, commission, or other entity whose function shall include monitoring progress toward achieving the national education goals for 2000 or publishing a report that describes such progress, if (A) such entity has a majority of voting members who are neither Federal appointed or elected officials nor Governors of the States but who are citizens distinguished by training or experience in analyzing educational data or widely recognized experience in, knowledge of, and commitment to education and educational excellence; (B) such entity has members appointed by the leadership of the National Governors' Association, the President, and the leadership of both Houses of Congress; and (C) all action of such entity is taken by a simple majority of the members attending a duly called and constituted meeting.
ADVANCES TO THE UNEMPLOYMENT TRUST F U N D A N D OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code, and to the "Federal unemployment benefits and allowances" account, to remain available until September 30, 1992, $328,000,000.

LABOR-MANAGEMENT SERVICES SALARIES AND EXPENSES
104 STAT. 2193
For necessary $90,051,000.
expenses
for
Labor-Management
Services,
PENSION BENEFIT GUARANTY CORPORATION PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96-364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 1991, for such Corporation: Provided, That not to exceed $42,669,000 shall be available for administrative expenses of the Corporation: Provided further, That contractual expenses of such Corporation for legal and financial services in connection with the termination of pension plans, for the acquisition, protection or management, and investment of trust assets, and for benefits administration services shall be considered as non-administrative expenses for the purposes hereof, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION SALARIES AND EXPENSES
For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $222,388,000, together with $1,016,000 which may be expended from the Special Fund in accordance with sections 39(c) and 44(j) of the Longshore and Harbor Workers' Compensation Act.
SPECIAL BENEFITS (INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title V, chapter 81 of the United States Code; continuation of benefits as provided for under the head "Civilian War Benefits" in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers' Compensation Act, as amended, $322,000,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year: Provided, That balances of reimbursements from Federal Government agencies unobligated on September 30, 1990, shall
104 STAT. 2194
remain available for the payment of compensation, benefits, and expenses through September 30, 1991: Provided further, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30,1991.
BLACK LUNG DISABILITY TRUST FUND (INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust Fund, $918,796,000, of which $866,019,000 shall be available until September 30, 1992, for payment of all benefits as authorized by section 9501(d) (1), (2), (4), and (7), of the Internal Revenue Code of 1954, as amended, and interest on advances as authorized by section 9501(c)(2) of that Act, and of which $29,051,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, and $23,355,000 for transfer to Departmental Management, Salaries and Expenses, and $371,000 for transfer to Departmental Management, Office of Inspector General, for expenses of operation and administration of the Black Lung Benefits program as authorized by section 9501(d)(5)(A) of that Act: Provided, That in addition, such amounts as may be necessary may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits for any period subsequent to June 15 of the current year: Provided further. That in addition such amounts shall be paid from this fund into miscellaneous receipts as the Secretary of the Treasury determines to be the administrative expenses of the Department of the Treasury for administering the fund during the current fiscal year, as authorized by section 9501(d)(5)(B) of that Act.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health Administration, $293,743,000, including not to exceed $66,220,000, which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act, which grants shall be no less than fifty percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: Provided further. That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, order or administrative action under the Occupational Safety and Health Act of 1970 affecting any work activity by reason of recreational hunting, shooting, or fishing: Provided further. That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule.
104 STAT. 2195
regulation, or order under the Occupational Safety and Health Act of 1970 with respect to any employer of ten or fewer employees who is included within a category having an occupational injury lost work day case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by such Act with respect to imminent dangers; (4) to take any action authorized by such Act with respect to health hazards; (5) to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of five or more employees, and to take any action pursuant to such investigation authorized by such Act; and (6) to take any action authorized by such Act with respect to complaints of discrimination against employees for exercising rights under such Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees.
M I N E SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health Administration, $179,267,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the purchase of not to exceed twenty passenger motor vehicles for replacement only; the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to- the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major disaster: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and Health Act of 1977 or to carry out that portion of section 104(g)(1) of such Act relating to the enforcement of any training requirements, with respect to shell dredging, or with respect to any sand, gravel.
30 USC 962.
104 STAT. 2196
surface stone, surface clay, colloidal phosphate, or surface limestone mine.

BUREAU OF LABOR STATISTICS SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $210,274,000, together with not to exceed $52,760,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES
For necessary expenses for Departmental Management, including the hire of 5 sedans, and including $4,200,000 for the President's Committee on Emplo5anent of People With Disabilities, $135,359,000, together with not to exceed $285,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.
Funds received for services rendered to any entity or person for use of Departmental facilities, including associated utilities and security services, shall be credited to and merged with this fund.
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING
Not to exceed $172,031,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 2001-10 and 2021-26.
For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $45,713,000, together with not to exceed $4,195,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. GENERAL PROVISIONS District of Columbia. SEC. 101. Appropriations in this Act available for salaries and expenses shall be available for supplies, services, and rental of conference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes. SEC. 102. None of the funds appropriated under this Act shall be used to grant variances, interim orders or letters of clarification to employers which will allow exposure of workers to chemicals or other workplace hazards in excess of existing Occupational Safety and Health Administration standards for the purpose of conducting experiments on workers health or safety.
104 STAT. 2197
SEC. 103. Notwithstanding any other provision of this Act, no funds appropriated by this Act may be used to execute or carry out any contract with a non-governmental entity to administer or manage a Civilian Conservation Center of the Job Corps. SEC. 104. None of the funds appropriated in this Act shall be used by the Job Corps program to pay the expenses of legal counsel or representation in any criminal case or proceeding for a Job Corps participant, unless certified to and approved by the Secretary of Labor that a public defender is not available. This title may be cited as the "Department of Labor Appropriations Act, 1991". TITLE IIDEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION PROGRAM OPERATIONS Department of Health and Human Services Appropriations Act, 1991.
For carrying out titles III, VII, VIII, X, XVI, XIX, XXVI, and XXVII of the Public Health Service Act, section 427(a) of the Federal Coal Mine Health and Safety Act, title V of the Social Security Act, the Health Care Quality Improvement Act of 1986, as amended, and the Native Hawaiian Health Care Act of 1988, $2,139,382,000, of which $2,000,000, to remain available until expended, shall be available for renovating facilities related to the activities of the Gillis W. Long Hansen's Disease Center, 42 U.S.C. 247e, of which $488,000 shall remain available until expended for interest subsidies on loan guarantees made prior to fiscal year 1981 under part B of title VII of the Public Health Service Act, of which $4,129,000 shall be made available until expended to make grants under section 1610(b) of the Public Health Service Act for renovation or construction of nonacute care intermediate and long-term care facilities for AIDS patients, of which $1,000,000 shall be available until expended under section 1610(b) of the Public Health Service Act to make grants to be awarded competitively for the renovation or construction of tertiary perinatal facilities in those States whose infant mortality rate is significantly above the national average, and of which $226,000,000 shall be available for title XXVI of the Public Health Service Act: Provided, That the Secretary shall retain and distribute from the total provided for title XXVI of the Act such amounts as may be necessary to ensure the continuation of health care services through September 30, 1991 provided by grantees whose project periods extend through that date: Provided further, That when the Department of Health and Human Services administers or operates an employee health program for any Federal department or agency, payment for the full estimated cost shall be made by way of reimbursement or in advances to this appropriation: Provided further. That user fees authorized by 31 U.S.C. 9701 may be credited to appropriations under this heading, notwithstanding 31 U.S.C. 3302: Provided further. That during fiscal year 1991, the Secretary of Health and Human Services may enter into commitments of not to exceed $260,000,000 for fiscal year 1991 to guarantee Health Education and Assistance Loans under subpart 1 of part C of title VII of the Public Health Service Act: Provided further. That none of the funds made avail-
104 STAT. 2198
able under this heading shall be used to carry out sections 638, 704 and 705 of Public Law 100-607.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out subsections (d) and (e) of section 1602 of the Public Health Service Act, $20,000,000, together with any amounts received by the Secretary in connection with loans and loan guarantees under title VI of the Public Health Service Act, to be available without fiscal year limitation for the payment of interest subsidies. During the fiscal year, no commitments for direct loans or loan guarantees shall be made.
VACCINE INJURY COMPENSATION
For payments from the Vaccine Injury Compensation Trust Fund, such sums as may be necessary for claims associated with vaccinerelated injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the Public Health Service Act as amended, to remain available until expended: Provided, That for necessary administrative expenses, not to exceed $1,500,000 shall be available from the Trust Fund to the Secretary of the Department of Health and Human Services. For compensation of claims resolved by the United States Claims Court related to the administration of vaccines before October 1, 1988, $62,920,000, to remain available until expended.
CENTERS FOR DISEASE CONTROL DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles III, VII, XVII, XIX, XXVII, and section 1102 of the Public Health Service Act, sections 101, 102, 103, 201, 202, and 203 of the Federal Mine Safety and Health Act of 1977, Public Law 101-354 and sections 20, 21, and 22 of the Occupational Safety and Health Act of 1970; including insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft, $1,350,747,000 of which $32,740,000 shall remain available until expended for equipment and construction and renovation of facilities: Provided, That training of private persons shall be made subject to reimbursement or advances to this appropriation for not in excess of the full cost of such training: Provided further. That funds appropriated under this heading shall be available for payment of the costs of medical care, related expenses, and burial expenses hereafter incurred by or on behalf of any person who had participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health and Human Services and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person's wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person: Provided further, That collections from user fees may be credited to this appropriation: Provided further. That amounts received by the National Center for Health Statistics from reimbursable and interagency agreements and the sale of data tapes
104 STAT. 2199
may be credited to this appropriation and shall remain available until expended: Provided further, That in addition to amounts provided herein, up to $19,000,000 shall be available from amounts available under section 2711 of the Public Health Service Act, to carry out the National Center for Health Statistics surveys: Provided further. That employees of the Public Health Service, both civilian and Commissioned Officer, detailed to States or municipalities as assignees under authority of section 214 of the Public Health Service Act in the instance where in excess of 50 percent of salaries and benefits of the assignee is paid directly or indirectly by the State or municipality, and employees of the National Center for Health Statistics, who are assisting other Federal organizations on data collection and analysis and whose salaries are fully reimbursed by the organizations requesting the services, shall be treated as nonFederal employees for reporting purposes only.
NATIONAL INSTITUTES OF HEALTH NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $1,766,324,000.
NATIONAL HEART, LUNG, A N D BLOOD INSTITUTE
For carrying out sections 301 and 1105 and title IV of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $1,158,650,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $153,272,000.
NATIONAL INSTITUTE OF DIABETES A N D DIGESTIVE A N D KIDNEY DISEASES
For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney diseases, $632,272,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS A N D STROKE
For carrying out section 301 and title IV of the Public Health Service Act with respect to neurological disorders and stroke, $556,864,000.
NATIONAL INSTITUTE OF ALLERGY A N D INFECTIOUS DISEASES
For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $933,235,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $779,250,000.
104 STAT. 2200

NATIONAL INSTITUTE OF CHILD HEALTH A N D H U M A N DEVELOPMENT
For carrying out section 301 and title IV of the Public Health Service Act with respect to child health and human development, $492,745,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $260,159,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the Public Health Service Act with respect to environmental health sciences, $249,092,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $332,782,000.
NATIONAL INSTITUTE OF ARTHRITIS A N D MUSCULOSKELETAL A N D SKIN DISEASES
For carrying out section 301 and title IV of the Public Health Service Act with respect to arthritis, and musculoskeletal and skin diseases, $198,442,000.
NATIONAL INSTITUTE ON DEAFNESS A N D OTHER COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public Health Service Act with respect to deafness and other communication disorders, $138,497,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public Health Service Act with respect to research resources and general research support grants, $343,796,000: Provided, That none of these funds shall be used to pay recipients of the general research support grants program any amount for indirect expenses in connection with such grants.
NATIONAL CENTER FOR NURSING RESEARCH
For carrying out section 301 and title IV of the Public Health Service Act with respect to nursing research, $40,768,000.
NATIONAL CENTER FOR H U M A N GENOME RESEARCH
For carrying out section 301 and title IV of the Public Health Service Act with respect to human genome research, $89,731,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities of the John E. Fogarty International Center, $18,059,000.

NATIONAL LIBRARY OF MEDICINE
104 STAT. 2201
For carrying out section 301 and title IV of the Public Health Service Act with respect to health information communications, $94,416,000.
OFFICE OF THE DIRECTOR
For carrying out the responsibilities of the Office of the Director, National Institutes of Health, $100,575,000, including purchase of not to exceed five passenger motor vehicles for replacement only: Provided, That $15,000,000 of this amount shall be available for extramural facilities construction grants if awarded competitively: Provided further, That the funds for the AIDS Research Loan Repayment Program remain available through September 30, 1992: Provided further. That the Director may direct up to one percent of the total amount made available in this Act to all National Institutes of Health appropriations to high-priority activities the Director may so designate: Provided further. That no such appropriation shall be increased or decreased by more than one percent by any such transfers and that the Congress is promptly notified of the transfer.
BUILDINGS A N D FACILITIES
For construction of, and acquisition of equipment for, facilities of or used by the National Institutes of Health, $172,853,000, to remain available until expended.
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH
For carrying out the Public Health Service Act with respect to mental health, drug abuse, alcohol abuse, and alcoholism, section 3521 of Public Law 100-690, section 621 of Public Law 100-628, and the Protection and Advocacy for Mentally 111 Individuals Act of 1986, $2,966,898,000, of which $3,126,000 for renovation of government owned or leased intramural research facilities shall remain available until expended and of which $5,000,000 shall be available for grants on a competitive basis for the construction, renovation, operation and maintenance of research facilities: Provided, That funds available under this heading for block grants under subpart 1, part B of title XIX of the Public Health Service Act shall be expended by States in accordance with the same criteria and limitations as were applied to such grants for the fiscal year 1990.
FEDERAL SUBSIDY FOR SAINT ELIZABETHS HOSPITAL
To' carry out the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, $12,000,000, which shall be available in fiscal year 1991 for payments to the District of Columbia as authorized by section 9(a) of the Act: Provided, That any amounts determined by the Secretary of Health and Human Services to be in excess of the amounts requested and estimated to be necessary to carry out sections 6 and 9(f)(2) of the Act shall be returned to the Treasury.
104 STAT. 2202

ASSISTANT SECRETARY FOR HEALTH OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH
For the expenses necessary for the Office of Assistant Secretary for Health and for carrying out titles III, XVII, XX, and XXI of the Public Health Service Act, $69,540,000, and, in addition, amounts received by the Public Health Service from Freedom of Information Act fees, reimbursable and interagency agreements and the sale of data tapes shall be credited to this appropriation and shall remain available until expended.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, and for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan and for medical care of dependents and retired personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments pursuant to section 22903) of the Social Security Act (42 U.S.C. 429(b)), such amounts as may be required during the current fiscal year.
AGENCY FOR HEALTH CARE POLICY AND RESEARCH HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public Health Service Act, and Part A of title XI of the Social Security Act, $98,887,000 together with not to exceed $5,000,000 to be transferred from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as authorized by section 1142 of the Social Security Act and not to exceed $1,037,000 to be transferred from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; and, in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data tapes shall be credited to this appropriation and shall remain available until expended: Provided, That the amount made available pursuant to section 926(b) of the Public Health Service Act shall not exceed $13,776,000.
HEALTH CARE FINANCING ADMINISTRATION GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $36,966,394,000, to remain available until expended. For making, after May 31, 1991, payments to States under title XIX of the Social Security Act for the last quarter of fiscal year 1991 for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. For making payments to States under title XIX of the Social Security Act for the first quarter of fiscal year 1992, $13,500,000,000, to remain available until expended. Payment under title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such
104 STAT. 2203
quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, and section 278(d) of Public Law 97-248, $35,335,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII, and XIX of the Social Security Act, title XIII of the Public Health Service Act, the Clinical Laboratory Improvement Amendments of 1988, and section 4005(e) of Public Law 100-203, as amended, $105,466,000, together with not to exceed $2,029,138,000 to be transferred to this appropriation as authorized by section 201(g) of the Social Security Act, from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds: Provided, That $136,500,000 of said trust funds shall be expended only to the extent necessary to meet unanticipated costs of agencies or organizations with which agreements have been made to participate in the administration of title XVIII and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: Provided further, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the Public Health Service Act are to be credited to this appropriation: Provided further, That all funds collected in accordance with section 353 of the Public Health Service Act are to be credited to this appropriation to remain available until expended.
SOCIAL SECURITY ADMINISTRATION PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, $46,958,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health Act of 1977, including the payment of travel expenses on an actual cost or commuted basis, to an individual, for travel incident to medical examinations, and when travel of more than 75 miles is required, to parties, their representatives, and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $626,081,000, to remain available until expended: Provided, That monthly benefit payments shall be paid consistent with section 215(g) of the Social Security Act. For making, after July 31 of the current fiscal year, benefit payments to individuals under title IV of the Federal Mine Safety and Health Act of 1977, for costs incurred in the current fiscal year, such amounts as may be necessary.
104 STAT. 2204
For making benefit payments under title IV of the Federal Mine Safety and Health Act of 1977 for the first quarter of fiscal year 1992, $203,000,000, to remain available until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out the Supplemental Security Income Program, title XI of the Social Security Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66, as amended, and section 405 of Public Law 95-216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $14,031,394,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury: Provided, That all collections from repayments of overpayments shall be deposited in the general fund of the Treasury. For making, after July 31 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For carrying out the Supplemental Security Income Program for the first quarter of fiscal year 1992, $3,550,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
42 use 1383 "*-
For necessary expenses, not more than $4,316,974,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided, That travel expense payments under section 1631(h) of such Act for travel to hearings may be made only when travel of more than seventy-five miles is required: Provided further, That $150,000,000 of the foregoing amount shall be apportioned for use only to the extent necessary to process workloads not anticipated in the budget estimates, for automation projects and their impact on the work force, and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles XVI and XVIII and section 221 of the Social Security Act, and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: Provided further. That none of the funds appropriated by this Act may be used for the manufacture, printing, or procuring of social security cards, as provided in section 205(c)(2)(D) of the Social Security Act, where paper and other materials used in the manufacture of such cards are produced, manufactured, or assembled outside of the United States.
FAMILY SUPPORT ADMINISTRATION FAMILY S U P P O R T PAYMENTS TO STATES
For making payments to States or other non-Federal entities, except as otherwise provided, under titles I, IV-A and -D, X, XI, XIV, and XVI of the Social Security Act, and the Act of July 5, 1960 (24 U.S.C. ch. 9), $10,172,346,000, to remain available until expended. For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV-A and -D, X,
104 STAT. 2205
XI, XIV, and XVI of the Social Security Act, for the last three months of the current year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. For making payments to States or other non-Federal entities under titles I, IV-A and -D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the first quarter of fiscal year 1992, $3,300,000,000 to remain available until expended.
PAYMENTS TO STATES FOR AFDC WORK PROGRAMS
For carrying out aid to families with dependent children work programs, as authorized by part F of title IV of the Social Security Act, $1,000,000,000.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $1,450,000,000, of which $74,610,000 shall become available for making payments on September 30, 1991.
ENERGY EMERGENCY CONTINGENCY FUND
For the purpose of establishing an "Energy Emergency Contingency Fund", in the United States Treasury to be available for grants to the fifty States, the District of Columbia, and Indian tribes and tribal organizations receiving direct funding in fiscal year 1991 under the Low-Income Home Energy Assistance Act of 1981, $200,000,000 which shall be available for obligation after January 15, 1991: Provided, That the national average retail price of home heating oil in any of the months December 1990, January 1991, or February 1991, as reported for Petroleum Marketing Monthly by the Energy Information Administration or the best available data from the Department of Energy on the last day of the month following such month, exceeds by 20 per centum or more the average of the national average retail price for home heating oil for the corresponding month as reported by the Department of Energy for 1986, 1987, 1988, and 1989: Provided further, That these funds shall be allotted to the fifty States and the District of Columbia in proportion to the consumption by lowîncome households in such jurisdiction (determined on the basis of the best data available at the time of allotment) of home heating oil: Provided further, That for allotment purposes only, home heating oil includes liquified petroleum gas and kerosene: Provided further. That Indian tribes and tribal organizations shall receive the same per centum of the allotment of the State or States in which they are located as they receive from that State's (or those States') allotment for fiscal year 1991 under section 2604 of the Low-Income Home Energy Assistance Act.
REFUGEE AND ENTRANT ASSISTANCE
Low-income persons.
Indians.
For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96-422), $420,770,000, of which $240,000,000 shall be available for State cash and medical assistance.
104 STAT. 2206

INTERIM ASSISTANCE TO STATES FOR LEGALIZATION
8 u s e 1255a "*
Section 204(a)(1)(B) of t h e I m m i g r a t i o n Reform a n d Control Act of 1986 is a m e n d e d by striking t h e period a t t h e end thereof a n d inserting in its place t h e following: ", a n d funds appropriated for fiscal y e a r 1991 u n d e r t h i s section a r e reduced by $566,854,000.". Section 204(a)(1)(C) of t h e I m m i g r a t i o n Reform a n d Control Act of 1986 is amended
(1) by striking "$1,000,000,000" and inserting in its place "$2,000,000,000"; (2) by inserting "for each of fiscal years 1990 and 1991" after "paragraph (2)"; and (3) by striking the period at the end thereof and inserting in its place the following: "and fiscal year 1991.".
COMMUNITY SERVICES BLOCK GRANT
For making payments under the Community Services Block Grant Act and the Stewart B. McKinney Homeless Assistance Act, $438,300,000, of which $21,000,000 shall be for carrying out section 681(a)(2)(A), $4,200,000 shall be for carrying out section 681(a)(2)(D), $3,100,000 shall be for carrying out section 681(a)(2)(E), $11,100,000 shall be for carrying out section 681(a)(2)(F), $250,000 shall be for carrying out section 681(a)(3), $4,150,000 shall be for carrying out section 408 of Public Law 99-425, and $2,500,000 shall be for carrying out section 681A with respect to the community food and nutrition program.
PROGRAM ADMINISTRATION
For necessary administrative expenses to carry out titles I, IV, X, XI, XIV, and XVI of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), title XXVI of the Omnibus Budget Reconciliation Act of 1981, the Community Services Block Grant Act, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, Public Law 100-77, and section 126 and titles IV and V of Public Law 100-485, $86,450,000, to be reduced by such sums as may be collected, which shall be credited to this account as offsetting collections, from fees authorized under section 453 of the Social Security Act: Provided, That funds appropriated in Public Law 101-166 for the Commission on Interstate Child Support shall remain available through September 30, 1991.
ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT SERVICES SOCIAL SERVICES BLOCK GRANT
For carrying $2,800,000,000.
out
the
Social
Services
Block
Grant
Act,
HUMAN DEVELOPMENT SERVICES
For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Older Americans Act of 1965, the Developmental Disabilities Assistance and Bill of Rights Act, chapter 8-D of title VI of the Omnibus Budget Reconciliation Act of 1981, the Head Start Act, the Child Development Associate Scholarship Assistance Act of 1985, the Child Abuse Prevention and Treatment
104 STAT. 2207
Act, chapters 1 and 2 of subtitle B of title III of the Anti-Drug Abuse Act of 1988, the Family Violence Prevention and Services Act (title III of Public Law 98-457), the Native American Programs Act, title II of Public Law 95-266 (adoption opportunities), section 206 of the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986, the Comprehensive Child Development Centers Act of 1988, the Abandoned Infants Assistance Act of 1988, section 10404 of Public Law 101-239 and part B of title IV and section 1110 of the Social Security Act, $3,519,699,000, of which $1,000,000 shall remain available until expended for the 1991 White House Conference on Aging. For carrying out the Child Care and Development Block Grant Act of 1990, $750,000,000 which shall become available for obligation on September 7, 1991: Provided, That these funds shall only become available upon enactment into law of authorizing legislation.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For carrying out part E of title IV of the Social Security Act, $2,611,281,000, of which $520,911,000 shall be for payment of prior years' claims: Provided, That of the total amount provided, $27,352,000 shall be transferred to the "Human Development Services" account for part B of title IV of the Act.
OFFICE OF THE SECRETARY GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general departmental management, including hire of six medium sedans, $81,350,000, of which $20,995,000 shall be available for expenses necessary for the Office of the General Counsel, together with $31,100,000, of which $26,881,000 shall be available for expenses necessary for the Office of the General Counsel, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.
OFFICE O F T H E INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $53,500,000, together with not to exceed $43,723,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.
OFFICE FOR CIVIL RIGHTS
.. ,
For expenses necessary for the Office for Civil Rights, $17,585,000, together with not to exceed $4,000,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.
POLICY RESEARCH
For carrjdng out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $9,167,000: Provided, That not less than $3,150,000 shall be obligated to con-
104 STAT. 2208
tinue research on poverty conducted by the Institute for Research on Poverty. GENERAL PROVISIONS SEC. 201. None of the funds made available by this Act for the National Institutes of Health, except for those appropriated to the "Office of the Director", may be used to provide forward funding or multiyear funding of research project grants except in those cases where the Director of the National Institutes of Health has determined that such funding is specifically required because of the scientific requirements of a particular research project grant. SEC. 202. Appropriations in this or any other Act shall be available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for not to exceed 2,400 commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence expenses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific activities of the Department pursuant to law; expenses of primary and secondary schooling of dependents in foreign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such dependents, between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; expenses for medical care for civilian and commissioned employees of the Public Health Service and their dependents, assigned abroad on a permanent basis in accordance with such regulations as the Secretary may provide; rental or lease of living quarters (for periods not exceeding five years), and provision of heat, fuel, and light and maintenance, improvement, and repair of such quarters, and advance payments therefor, for civilian officers, and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Public Health Service Act, at rates established by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per diem rate equivalent to the rate for GS-18. SEC. 203. None of the funds contained in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. SEC. 204. Funds advanced to the National Institutes of Health Management Fund from appropriations in this Act shall be available for the expenses of sharing medical care facilities and resources pursuant to section 327 A of the Public Health Service Act. SEC. 205. Funds appropriated in this title shall be available for not to exceed $37,000 for official reception and representation expenses when specifically approved by the Secretary.
PUBLIC LAW 101^517NOV. 5, 1990
104 STAT. 2209
SEC. 206. Amounts received from employees of the Department in payment for room and board may be credited to the appropriation accounts which finance the activities of the PubHc Health Service. SEC. 207. None of the funds made available by this Act shall be used to provide special retention pay Oônuses) under paragraph (4) of 37 U.S.C. 302(a) to any regular or reserve medical officer of the Public Health Service for any period during which the officer is assigned to the clinical, research, or staff associate program administered by the National Institutes of Health or the Alcohol, Drug Abuse, and Mental Health Administration. SEC. 208. Funds provided in this Act may be used for one-year contracts which are to be performed in two fiscal years, so long as the total amount for such contracts is obligated in the year for which the funds are appropriated. SEC. 209. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. SEC. 210. For the purpose of insuring proper management of federally supported computer systems and data bases, funds appropriated by this Act -are available for the purchase of dedicated telephone service between the private residences of employees assigned to computer centers funded under this Act, and the computer centers to which such employees are assigned. SEC. 211. No funds appropriated under this Act shall be used by the National Institutes of Health, or any other Federal agency, or recipient of Federal funds on any project that entails the capture or procurement of chimpanzees obtained from the wild. For purposes of this section, the term "recipient of Federal funds" includes private citizens, corporations, or other research institutions located outside of the United States that are recipients of Federal funds. SEC. 212. None of the funds appropriated by this title shall be used to pay for any research program or project or any program, project, or course which is of an experimental nature, or any other activity involving human participants, which is determined by the Secretary or a court of competent jurisdiction to present a danger to the physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed consent of each participant or subject, or a participant's parents or legal guardian, if such participant or subject is under eighteen years of age. The Secretary shall adopt appropriate regulations respecting this section. SEC. 213. None of the funds appropriated in this title for the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of $120,000 per year. SEC. 214. Notwithstanding any other provision of this Act, AIDS education programs that receive assistance from the Centers for Disease Control and other education curricula dealing with sexual activity that receive assistance under this Act (1) shall not be designed to promote or encourage, directly, intravenous drug abuse or sexual activity, homosexual or heterosexual; and
Infants and children. AIDS.
Telecommunications. Computer technology. Government employees.
Regulations.
Educational study programs. AIDS.
104 STAT. 2210
(2) with regard to AIDS education programs and curricula (A) shall be designed to reduce exposure to and transmission of the etiologic agent for acquired immune deficiency syndrome by providing accurate information; and (B) shall provide information on the health risks of promiscuous sexual activity and intravenous drug abuse. This title may be cited as the "Department of Health and Human Services Appropriations Act, 1991". Department of
Education Appropriations Act, 1991.
TITLE IIIDEPARTMENT OF EDUCATION

COMPENSATORY EDUCATION FOR THE DISADVANTAGED
For carrying out the activities authorized by chapter 1 of title I of the Elementary and Secondary Education Act of 1965, as amended, and by section 418A of the Higher Education Act, $6,378,231,000, of which $6,350,158,000 shall become available on July 1, 1991 and shall remain available until September 30, 1992: Provided, That $5,125,500,000 shall be available for basic grants under section 1005, $569,500,000 shall be available for concentration grants under section 1006, $301,871,000 shall be available for migrant education activities under subpart 1 of part D, $152,537,000 shall be available for handicapped education activities under subpart 2 of part D, $37,000,000 shall be available for delinquent and neglected education activities under subpart 3 of part D, $60,600,000 shall be for State administration under section 1404, and $15,150,000 shall be for program improvement activities under section 1405: Provided further, That no State shall receive less than $340,000 from the amounts made available under this appropriation for concentration grants under section 1006: Provided further, That no state shall receive less than $375,000 from the amounts made available under this appropriation for State administration grants under section 1404. From the amounts appropriated for part A of chapter 1, an amount not to exceed $100,000,000 may be obligated to carry out a new Merit Schools program only if such program is specifically authorized in law prior to December 31, 1990.
IMPACT AID
For carrying out programs of financial assistance to federally affected schools as authorized by Public Laws 81-815 and 81-874, as amended, $800,000,000, of which $600,000,000 shall be for payments under section 3(a), $140,000,000 shall be for payments under section 3(b), $14,000,000, to remain available until expended, shall be for disaster assistance payments under section 7, $17,00(),000 shall be for Federal property payments under section 2, $2,000,000, to remain available until expended, shall be for payments under section 3(e) related to shifts in enrollment and $27,000,000, to remain available until expended, shall be for construction and renovation of school facilities including $10,000,000 for awards under section 10, $10,000,000 for awards under sections 14(a) and 14(b), and $7,000,000 for awards under sections 5 and 14(c): Provided, That, of the amounts appropriated for payments under sections 3(a) and 3(b), not to exceed $25,000,000 shall be available for payments under section 3(d)(2)(B): Provided further, That any school district that received a
104 STAT. 2211
payment under section 5(b)i2) of the Act for fiscal year 1986, but which the Department of Education has determined to be ineligible for section 2 assistance due to a review of the original assessed value of the real property involved at the time of acquisition of the Federal property, shall be deemed eligible for payments under section 2 for fiscal year 1991 only.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out the activities authorized by chapter 2 of title I and titles II, III, IV, without regard to sections 5112(a) and 5112(c)(2)(A), V, and VI of the Elementary and Secondary Education Act of 1965, as amended; the Stewart B. McKinney Homeless Assistance Act; the Civil Rights Act of 1964; title V of the Higher Education Act, as amended; part B of title III and title IV of Public Law 100-297; and chapter 5 of subtitle A of title VI of Public Law 100-418; the Follow Through Act; and title IX of the Education for Economic Security Act, $1,621,735,000, of which $1,195,128,000 shall become available on July 1, 1991, and remain available until September 30, 1992: Provided, That of the amount appropriated, $1,000,000 shall be for an evaluation study of the chapter 2 block grant program, and $35,407,000 shall be for national programs under part B of chapter 2; $12,000,000 shall be for national program activities under section 2012 and $207,000,000 shall be for State grants under part A of title II of the Elementary and Secondary Education Act of 1965, as amended; $5,415,000 shall be for grants for schools and teachers under subpart 1 and $3,700,000 shall be for family-school partnerships under subpart 2 of part B of title III of Public Law 100-297: Provided further, That of the amounts appropriated herein, $2,000,000 shall be available for the National Writing Project, contingent upon enactment of authorizing legislation.
BILINGUAL A N D IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise provided, title VII and part D of title IV of the Elementary and Secondary Education Act, $202,904,000, of which $36,957,000 shall be for training activities under part C of title VII including not more than $4,000,000 for the support of not to exceed 400 fellowships under section 7043.
EDUCATION FOR THE HANDICAPPED
For carrying out the Education of the Handicapped Act, $2,528,378,000, of which $1,900,000,000 for section 611, $300,000,000 for section 619, and $120,000,000 for section 685 shall become available for obligation on July 1, 1991, and shall remain available through September 30,1992.
REHABILITATION SERVICES A N D DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, Public Law 100-407, and the Helen Keller National Center Act, as amended, $1,896,499,000, of which $18,822,000 shall be for special demonstration programs under sec-
104 STAT. 2212
tions 311 (a), (b), and (c): Provided, That, until October 1, 1991, the funds appropriated to carry out section 711 of the Rehabilitation Act of 1973 (29 U.S.C. 796e) shall be used to support entities currently receiving grants under the section.
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $6,288,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles II and IV of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $38,131,000, of which $336,000 shall be for the endowment program as authorized under section 408 and shall be available until expended.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf and the partial support of Gallaudet University under titles I and IV of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $74,047,000, of which $1,000,000 shall be for the endowment program as authorized under section 407 and shall be available until expended, and $2,500,000 shall be for construction and shall be available until expended.
VOCATIONAL A N D ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the Carl D. Perkins Vocational and Applied Technology Education Act, the Adult Education Act, the Stewart B. McKinney Homeless Assistance Act, and the Omnibus Trade and Competitiveness Act of 1988, $1,276,293,000 which shall become available for obligation on July 1, 1991, and shall remain available through September 30, 1992: Provided, That of the amounts made available under the Carl D. Perkins Vocational and Applied Technology Education Act $25,290,000 shall be for national programs under title IV, including $7,000,000 for research, $13,290,000 for demonstrations and $5,000,000 for data collection and $2,500,000 shall be for tribally controlled postsecondary vocational institutions under title III, part H: Provided further. That of the amounts made available under the Adult Education Act, $1,000,000 shall be available only for demonstration programs under section 372(d), $3,000,000 shall be for national programs under section 383, and $5,000,000 shall be for literacy clearinghouse activities under section 384: Provided further, That $2,000,000 of the total appropriated herein shall be for commercial driver literacy if authorized in law.
STUDENT FINANCIAL ASSISTANCE
20 use 1070a
note.
For carrying out subparts 1, 2, and 3 of part A and parts C, D, and E of title IV of the Higher Education Act, as amended, $6,879,475,000, which shall remain available until September 30, 1992, and of which $113,000,000 shall only be available if such funds are necessary to pay a maximum grant of $2,400 during the 1991-
104 STAT. 2213
1992 program year, which shall be the maximum Pell grant that a student may receive: Provided, That notwithstanding section 479A of the Higher Education Act of 1965 as amended, student financial aid administrators shall be authorized, on the basis of adequate documentation, to make necessary adjustments to the cost of attendance and the expected student or parent contribution (or both) and to use supplementary information about the financial status or personal circumstances of eligible applicants only for purposes of selecting recipients and determining the amount of awards under subpart 2 of part A, and parts B, C, and E of title IV of the Act: Provided further, That notwithstanding section 411F(1) of the Higher Education Act of 1965 as amended, the term "annual adjusted family income" shall, under special circumstances prescribed by the Secretary, mean the sum received in the first calendar year of the award year from the sources described in that section: Provided further. That notwithstanding section 411(b)(6XB) of the Higher Education Act of 1965, no Pell grant for award year 1991-1992 shall be awarded to any student who is attending an institution of higher education on a less than half-time basis: Provided further, That notwithstanding sections 481(b) and 484 of the Higher Education Act of 1965 as amended, in order for a student to be eligible to receive any student financial aid authorized under title IV of the Higher Education Act of 1965 as amended, for award year 1991-1992, a student must have a high school diploma or its recognized equivalent, or, prior to enrollment in the course of study for which such assistance is sought, shall have secured a passing grade on a test of ability to complete successfully that course, and that the test shall be developed, administered, and graded by one or more organizations determined by the Secretary to be independent of the institutions using the test.
GUARANTEED STUDENT LOANS (LIQUIDATION OF CONTRACT AUTHORITY)
For pajonent of obligations incurred under contract authority entered into pursuant to title IV, part B, of the Higher Education Act, as amended, $5,381,422,000.
HIGHER EDUCATION
For carrjdng out, to the extent not otherwise provided for, titles I, III, IV, V, VI, VII, VIII, IX, X, and XII of the Higher Education Act of 1965, as amended, the Mutual Educational and Cultural Exchange Act of 1961, and the Library Services and Construction Act Amendments of 1984, section 6120?) of Public Law 101-162, section 140 of Public Law 100-202, title XIII, part H, subpart 1 of the Education Amendments of 1980, $781,470,000, of which $17,893,000 for endowment activities under section 332 of part C of title III of the Higher Education Act, $300,000 for section 777, and $20,900,000 for interest subsidies under part D of title VII of the Higher Education Act, $5,500,000 for section 6120)) of Public Law 101-162, $3,000,000 for section 140(a) and $1,000,000 for section 140(b) of Public Law 100-202 shall remain available until expended, and of which $3,000,000 shall be for carrying out section 304 of Public Law 98-480: Provided, That of the amounts provided herein, $700,000 shall be available for subpart 1 of part H of title XIII of the Education Amendments of 1980: Provided further. That $9,500,000
104 STAT. 2214
provided herein for carrying out subpart 6 of part A of title IV shall be available notwithstanding sections 419G(b) and 4191(a) of the Higher Education Act of 1965 (20 U.S.C. 1070d-37(b) and 1070d39(a)): Provided further. That $1,000,000 of the amount provided herein for subpart 4 of part A of title IV of the Higher Education Act shall be for an evaluation of Special Programs for the Disadvantaged to examine the effectiveness of current programs and to identify program improvements: Provided further, That of the amounts provided herein, $1,000,000 shall be available to carry out a national science scholars program, if authorized in law: Provided further. That of the amounts provided herein, $4,000,000 shall remain available until expended for an award for carrying out part B of title VII of the Higher Education Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et seq.), $200,036,000, of which $3,000,000, to remain available until expended, shall be for a matching endowment grant to be administered in accordance with the Howard University Endowment Act (Public Law 98-480), and $6,000,000, to remain available until expended, shall be for emergency construction needs.
HIGHER EDUCATION FACILITIES LOANS
The Secretary is hereby authorized to make such expenditures, within the limits of funds available under this heading and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation, as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 9104), as may be necessary in carrying out the program for the current fiscal year. For the fiscal year 1991, no new commitments for loans may be made from the fund established pursuant to title VII, section 733 of the Higher Education Act, as amended (20 U.S.C. 1132d-2).
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
Pursuant to title VII, part F of the Higher Education Act, as amended, for necessary expenses of the college housing and academic facilities loans program, the Secretary shall make expenditures, contracts, and commitments without regard to fiscal year limitation: Provided, That during fiscal year 1991, gross commitments for the principal amount of direct loans shall be $30,000,000. For payment of interest on funds borrowed from the Treasury pursuant to section 761(d) of the Higher Education Act, as amended, $8,449,000, to remain available until expended.
COLLEGE HOUSING LOANS
Pursuant to title VII, part F of the Higher Education Act, as amended, for necessary expenses of the college housing loans program, previously carried out under title IV of the Housing Act of 1950, the Secretary shall make expenditures and enter into contracts without regard to fiscal year limitation using loan repayments and other resources available to this account. Any unobligated balances becoming available from fixed fees paid into this account pursuant to 12 U.S.C. 1749d, relating to payment of costs for
104 STAT. 2215
inspections and site visits, shall be available for the operating expenses of this account.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For necessary expenses to carry out section 405 and section 406 of the General Education Provisions Act, as amended, $133,404,000, of which $4,000,000 shall be for the rural education program conducted by the regional laboratories which shall be in addition to the amounts carried forward from fiscal year 1990 for this purpose. In addition to these amounts, $5,000,000 shall be available for teaching standards activities, if authorized, which shall be awarded to the National Board for Professional Teaching Standards if such a grant is specifically authorized in law.
LIBRARIES
For carrying out, to the extent not otherwise provided, titles I, II, III, IV, V, and VI of the Library Services and Construction Act (20 U.S.C. ch. 16), and title II of the Higher Education Act, $146,428,000 of which $19,693,000 shall be used to carry out the provisions of title II of the Library Services and Construction Act which shall remain available until expended.
DEPARTMENTAL MANAGEMENT
PROGRAM A D M I N I S T R A T I O N
For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $331,000,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $50,400,000.
For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $25,800,000. GENERAL PROVISIONS SEC. 301. Funds appropriated in this Act to the American Printing House for the Blind, Howard University, the National Technical Institute for the Deaf, and Gallaudet University shall be subject to financial and program audit by the Secretary of Education and the Secretary may withhold all or any portion of these appropriations if he determines that an institution has not cooperated fully in the conduct of such audits. SEC. 302. No part of the funds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to force on account of race, creed or color the abolishment of any school so
104 STAT. 2216
Magnet schools. Religious discrimination.
desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent. SEC. 303. (a) No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district or school. (h) No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. SEC. 304. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools. SEC. 305. No funds appropriated under this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.
IMPACT AID
SEC. 306. Notwithstanding any other provision of law, in carrying out the provisions of section 7 of Public Law 81-874 (20 U.S.C. 241-1) (as amended) and section 16 of Public Law 81-815 (20 U.S.C. 646) (as amended), the Secretary of Education shall reduce or waive the administrative guideline of a 25 percent non-Federal share upon a showing of (1) financial hardship by the State or political subdivision thereof in the provision of; or (2) a good faith effort by the State or political subdivision thereof to provide; the non-Federal share for purposes related to the disaster for which Federal assistance is sought. This title may be cited as the "Department of Education Appropriations Act, 1991".
PUBLIC LAW 101-517NOV, 5, 1990 TITLE IVRELATED AGENCIES

ACTION OPERATING EXPENSES
104 STAT. 2217
For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, $196,015,000: Provided, That $31,035,000 shall be available for title I, section 102, and $2,245,000 shall be available for title I, part C.
CORPORATION FOR PUBUC BROADCASTING
^ For payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 1993, $326,505,000, of which $66,940,000 shall be available for section 396(k)(10) of said Act: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further. That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the LaborManagement Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of passenger motor vehicles; and for expenses necessary for the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), $27,705,000.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health Review Commission (30 U.S.C. 801 et seq.), $4,292,000.
NATIONAL COMMISSION ON A.CQUIRED IMMUNE DEFICIENCY SYNDROME
For expenses necessary for the National Commission on Acquired Immune Deficiency Syndrome as authorized by subtitle D of title II of Public Law 100-607, $3,000,000.
NATIONAL COMMISSION ON CHILDREN
For necessary expenses of the National Commission on Children established by section 9136 of the Omnibus Reconciliation Act of
-194 O - 91 - 28 : QL 3 Part 3
104 STAT. 2218
1987, Public Law 100-203 as amended, $1,100,000, which shall remain available until expended.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE SALARIES AND EXPENSES
For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91-845), $750,000.
NATIONAL COMMISSION TO PREVENT INFANT MORTALITY
For necessary expenses of the National Commission to Prevent Infant Mortality, established by section 203 of the National Commission to Prevent Infant Mortality Act of 1986, Public Law 99-660, $400,000, which shall remain available until expended.
NATIONAL COUNCIL ON DISABILITY SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, as amended, $1,475,000.
NATIONAL LABOR RELATIONS BOARD SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $151,103,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes.
NATIONAL MEDIATION BOARD SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, $6,675,000.

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES
104 STAT. 2219
For the expenses necessary for the Occupational Safety and Health Review Commission (29 U.S.C. 661), $6,401,000.
PHYSICIAN PAYMENT REVIEW COMMISSION SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a) of the Social Security Act, $3,871,000, to be transferred to this appropriation from the Federal Supplementary Medical Insurance Trust Fund.
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION SALARIES AND EXPENSES
For expenses necessary to carry out section 1886(e) of the Social Security Act, $3,971,000, to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.
RAILROAD RETIREMENT BOARD DUAL B E N E F I T S PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $335,000,000, which shall include amounts becoming available in fiscal year 1991 pursuant to section 224(c)(1)(B) of Public Law 98-76: Provided, That the total amount provided herein shall be immediately credited to the account: Provided further. That the amount provided herein plus the interest earned thereon shall be available for payments through September 30,1991.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $400,000, to remain available through September 30, 1992, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98-76.
UMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board, $71,663,000 to be derived from the railroad retirement accounts, of which $2,457,000 shall be available for the lease-to-purchase costs and contract services related to the installation of a mainframe computer only upon the delegation of procurement authority from the General Services Administration to the Railroad Retirement Boird: Provided, That $200,000 of the foregoing amount shall be available only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the existing limitation has been achieved: JVouidec?/urf/ier, That notwithstanding any other provision of law, no portion of this limitation shall be
104 STAT. 2220
PUBLIC LAW 101-517-NOV. 5, 1990
available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 228a-r).
LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE ADMINISTRATION FUND
For further expenses necessary for the Railroad Retirement Board, for administration of the Railroad Unemployment Insurance Act, not less than $15,665,000 shall be apportioned for fiscal year 1991 from moneys credited to the railroad unemployment insurance administration fund of which $433,000 shall be available for the lease-to-purchase costs and contract services related to the installation of a mainframe computer only upon the delegation of procurement authority from the General Services Administration to the Railroad Retirement Board.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, as amended, not more than $6,000,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account.
SOLDIERS' AND AIRMEN'S HOME OPERATION AND MAINTENANCE
For maintenance and operation of the United States Soldiers' and Airmen's Home, to be paid from the Soldiers' and Airmen's Home permanent fund, $41,583,000: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners and the Surgeon General of the Army.
CAPITAL OUTLAY
For construction and renovation of the physical plant, to be paid from the Soldiers' and Airmen's Home permanent fund, $11,500,000, to remain available until expended.
UNITED STATES INSTITUTE OF PEACE
OPERATING E X P E N S E S
For necessary expenses of the United States Institute of Peace as authorized in the United States Institute of Peace Act, $8,600,000.
W H I T E H O U S E CONFERENCE ON LIBRARY AND INFORMATION SERVICES
For carrying out activities under Public Law 100-382, $500,000. TITLE VGENERAL PROVISIONS Government contracts. contracts.
Public information.
SEC. 501. The expenditure of any appropriation under this Act for ^ny consulting service through procurement contract, pursuant to 5 - . .
104 STAT. 2221
U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 502. No part of any appropriation contained in this Act shall be expended by an executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to any obligation for services by contract, unless such executive agency has awarded and entered into such contract in full compliance with such Act and regulations promulgated thereunder. SEC. 503. Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18. SEC. 504. Appropriations contained in this Act, available for salaries and expenses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). SEC. 505. Appropriations contained in this Act, available for salaries and expenses, shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities. SEC. 506. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution. SEC. 507. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated. SEC. 508. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 509. No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress. SEC. 510. The Secretaries of Labor and Education are each authorized to make available not to exceed $7,500 from funds available
104 STAT. 2222
Wages. Drugs. Health.
for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from the funds available for "Salaries and expenses, Federal Mediation and Conciliation Service"; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for "Salaries and expenses, National Mediation Board". SEC. 511. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments, shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. SEC. 512. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. SEC. 513. None of the funds appropriated under this Act shall be used to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the President of the United States certifies that such programs are effective in stopping the spread of HIV and do not encourage the use of illegal drugs. SEC. 514. (a) Notwithstanding any other provision of this Act, funds appropriated for salaries and expenses of the Department of Labor are hereby reduced by $9,000,000; salaries and expenses of the Department of Education are hereby reduced by $5,000,000; and salaries and expenses of the Department of Health and Human Services are hereby reduced by $50,000,000: Provided, That no trust fund limitation shall be reduced with the exception of the Social Security Administration, Limitation on Administrative Expenses, which is hereby reduced by $57,000,000. Qo) Notwithstanding any other provision of this Act, funds appropriated or otherwise made available which are not mandated by law for programs, projects or activities funded by this Act shall be reduced by 2.41 per centum. SEC. 515. For purposes of section 202 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, transfers, if any, in the following accounts are a necessary (but secondary) result of significant policy changes: State Unemployment Insurance and Employment Service Operations; Low Income Home Energy Assistance; Interim Assistance to States for Legalization; and Human Development Services.
IMPACT AID
SEC. 516. Section 5(e)(1)(D) of Public Law 81-874 (as amended) (20 U.S.C. 240) (hereafter in this section referred to as the "Act") shall not apply to any local educational agency that was an agency described in section 5(c)(2)(A)(ii) of the Act in fiscal year 1990 but is an agency described in section 5(c)(2)(A)(iii) in fiscal year 1991 as a result of families moving off base due to a landfill or health concern
PUBLIC LAW 101-517-NOV. 5, 1990
104 STAT. 2223
or an environmental hazard, or due to risk assessment, investigation, testing or remediation for such concern or hazard, and any such local educational agency shall be deemed to belong to the category described in section 5(c)(2)(A)(ii) for fiscal year 1991. This Act may be cited as the "Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5257: HOUSE REPORTS: No. 101-591 (Comm. on Appropriations) and No. 101-908 (Comm. of Conference). SENATE REPORTS: No. 101-516 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): July 19, considered and passed House. Oct. 12, considered and passed Senate, amended. Oct. 22, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Oct. 25, Senate agreed to conference report; concurred in certain House amendments, in others with amendments. Oct. 26, House concurred in certain Senate amendment and disagreed to certain others. Senate receded from its amendments.
104 STAT. 2224

ôv- 5. 19"" [H.R. 5311] Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1991, and for other purposes.
District of Columbia Act!T99i^ ^^^^
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending September 30, 1991, and for other purposes, namely:
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For payment to the District of Columbia for the fiscal year ending September 30,1991, $430,500,000: Provided, That none of these funds shall be made available to the District of Columbia until the number of full-time uniformed officers in permanent positions in the Metropolitan Police Department is at least 4,430, excluding any such officer appointed after August 19, 1982, under qualification standards other than those in effect on such date.
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
For the Federal contribution to the Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds, as authorized by the District of Columbia Retirement Reform Act, approved November 17, 1979 (93 Stat. 866; Public Law 96-122), $52,070,000.
TRANSITIONAL PAYMENT FOR SAINT ELIZABETHS HOSPITAL
For a Federal contribution to the District of Columbia, as authorized by the Saint Elizabeths Hospital and District of Columbia Mental Hospital Services Act, approved November 8, 1984 (98 Stat. 3369; Public Law 98-621), $10,000,000.
CRIMINAL JUSTICE INITIATIVE
The $70,300,000 previously appropriated under "Criminal Justice Initiative" for the fiscal years ending September 30, 1986, September 30, 1987, September 30, 1989, and September 30, 1991, for the design and construction of a prison within the District of Columbia shall remain in the United States Treasury and shall be transferred to the District of Columbia government only to the extent that outstanding obligations are due and payable to entities other than agencies and organizations of the District of Columbia government, and payments to such agencies and organizations may be made only in reimbursement for amounts actually expended in furtherance of the design and construction of the prison: Provided, That construction may not commence unless access and parking for construction vehicles are provided solely at a location other than city streets:
104 STAT. 2225
Provided further, That District officials meet monthly with neighborhood representatives to inform them of current plans and discuss problems: Provided further, That the District of Columbia Telephone, shall operate and maintain a free, 24-hour telephone information ?^}^^^^ service whereby residents of the area surrounding the new prison, information. can promptly obtain information from District officials on all disturbances at the prison, including escapes, fires, riots, and similar incidents: Provided further, That the District of Columbia shall also take steps to publicize the availability of that service among the residents of the area surrounding the new prison.
DRUG EMERGENCY
For a Federal contribution to the District of Columbia, $26,708,000, to remain available until expended, to close open air drug markets, increase police visibility, and provide for speedier court processing of drug-related violent cases.
COMMISSION ON BUDGET AND FINANCIAL PRIORITIES
For payment to the District of Columbia for expenses incurred in fiscal year 1990 and fiscal year 1991 by the Commission on Budget and Financial Priorities, up to $1,000,000: Provided, That such funds shall become available only when equally matched with District funds.
BOARD OF EDUCATION
For a Federal contribution to the District of Columbia, $14,080,000, of which $10,000,000 shall be for maintenance improvements and emergency repairs to public school facilities, $2,000,000 shall be for renovations to public school athletic and recreational grounds and facilities, $80,000 shall be for the D.C. Schools Project for immigrant children, $1,000,000 shall be for expansion of the early childhood program, and $1,000,000 shall be for the Anacostia Project in Southeast Washington.
FIRE DEPARTMENT
For a Federal contribution to the District of Columbia for the Fire Department, $1,141,000.
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
For a Federal contribution to the District of Columbia for the After School Kids Program, $160,000, of which $80,000 shall be available to the Social Services Division of the Superior Court of the District of Columbia for other youth screening and diversion programs.
DISTRICT OF COLUMBIA GENERAL HOSPITAL
For a Federal contribution to the District of Columbia General Hospital, $5,000,000.

DEPARTMENT OF HUMAN SERVICES
For a Federal contribution to the District of Columbia, $3,041,000, of which $350,000 shall be to develop a program for boarder babies and children of substance abusers, $500,000 shall be to develop a
104 STAT. 2226
residential aftercare program for pregnant substance abusers, $1,500,000 shall be for outpatient aftercare for pregnant substance abusers and the general recovering addict population, $500,000 shall be for a program for early detection of breast and cervical cancer to be conducted by an independent organization or institution of national prominence, and $191,000 shall be for security fences and security lighting at the Oak Hill Juvenile Detention Facility and security lighting at the Cedar Knoll Facility.
DISTRICT OF COLUMBIA INSTITUTE FOR MENTAL HEALTH
For a Federal contribution to the District of Columbia Institute for Mental Health to provide professional mental health care to lowincome, underinsured, and indigent children, adults, and families in the District of Columbia, $1,000,000.
CHILDREN'S NATIONAL MEDICAL CENTER
For a Federal contribution to the Children's National Medical Center for a cost-shared National Child Protection Center, $3,000,000.
DIVISION OF EXPENSES
The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided.
GOVERNMENTAL DIRECTION AND SUPPORT
Reports.
Grovemmental direction and support, $112,879,000: Provided, That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of the District of Columbia, and $2,500 for the City Administrator shall be available from this appropriation for expenditures for official purposes: Provided further. That any program fees collected from the issuance of debt shall be available for the pajnnent of expenses of the debt management program of the District of Columbia: Provided further. That notwithstanding any other provision of law, there is hereby appropriated $9,077,000 to pay legal, management, investment, and other fees 8ind administrative expenses of the District of Columbia Retirement Board, of which $818,000 shall be derived from the general fund and not to exceed $8,259,000 shall be derived from the earnings of the applicable retirement funds: Provided further. That the District of Columbia Retirement Board shall provide to the Congress and to the Council of the District of Columbia a quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further. That the District of Columbia Retirement Board shall provide the Mayor, for transmittal to the Council of the District of Columbia, an item accounting of the planned use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report: Provided further, That of the Indirect Cost Allocation distributed by the District government, no less than $500,000 shall be provided to the Department of Administrative Services and no less than $500,000 shall be provided to the Office of Personnel.

ECONOMIC DEVELOPMENT AND REGULATION
104 STAT. 2227
Economic development and regulation, $135,541,000: Provided, That the District of Columbia Housing Finance Agency, established by section 201 of the District of Columbia Housing Finance Agency Act, effective March 3, 1979 (D.C. Law 2-135; D.C. Code, sec. 452111), based upon its capability of repayments as determined each year by the Council of the District of Columbia from the Finance Agency's annual audited financial statements to the Council of the District of Columbia, shall repay to the general fund an amount equal to the appropriated administrative costs plus interest at a rate of four percent per annum for a term of 15 years, with a deferral of payments for the first three years: Provided further, That notwithstanding the foregoing provision, the obligation to repay all or part of the amounts due shall be subject to the rights of the owners of any bonds or notes issued by the Finance Agency and shall be repaid to the District of Columbia government only from available operating revenues of the Finance Agency that are in excess of the amounts required for debt service, reserve funds, and operating expenses: Provided further. That upon commencement of the debt service pajonents, such payments shall be deposited into the general fund of the District of Columbia: Provided further. That up to $275,000 within the 15 percent set-aside for special programs within the Tenant Assistance Program shall be targeted for the single-room occupancy initiative. PuBuc
SAFETY AND JUSTICE
'
Public safety and justice, including purchase of 135 passengercarrying vehicles for replacement only, including 130 for police-type use and five for fire-type use, without regard to the general purchase price limitation for the current fiscal year, $920,464,000: Provided, That the Metropolitan Police Department is authorized to replace not to exceed 25 passenger-carrying vehicles and the Fire Department of the District of Columbia is authorized to replace not to exceed five passenger-carrying vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths of the cost of the replacement: Provided further. That not to exceed $500,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further. That the Metropolitan Police Department shall provide quarterly reports to the Committees on Appropriations of the House and Senate on efforts to increase efficiency and improve the professionalism in the department: Provided further. That notwithstanding any other provision of law, or Mayor's order 86-45, issued March 18, 1986, the Metropolitan Police Department's delegated small purchase authority shall be $500,000: Provided further. That funds appropriated for expenses under the District of Columbia Criminal Justice Act, approved September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et seq.), for the fiscal year ending September 30,1991, shall be available for obligations incurred under that Act in each fiscal year since inception in the fiscal year ending September 30, 1975: Provided further, That funds appropriated for expenses under the District of Columbia Neglect Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5-129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30, 1991, shall be available for obligations incurred under that Act in each
104 STAT. 2228
fiscal year since inception in the fiscal year ending September 30, 1985: Provided further, That $50,000 of any appropriation available to the District of Columbia may be used to match financial contributions from the United States Department of Defense to the District of Columbia Office of Emergency Preparedness for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor: Provided further, That not to exceed $1,500 for the Chief Judge of the District of Columbia Court of Appeals, $1,500 for the Chief Judge of the Superior Court of the District of Columbia, and $1,500 for the Executive Officer of the District of Columbia Courts shall be available from this appropriation for official purposes: Provided further. That the District of Columbia shall operate and maintain a free, 24hour telephone information service whereby residents of the area surrounding Lorton prison in Fairfax County, Virginia, can promptly obtain information from District of Columbia government officials on all disturbances at the prison, including escapes, fires, riots, and similar incidents: Provided further, That the District of Columbia government shall also take steps to publicize the availability of the 24-hour telephone information service among the residents of the area surrounding the Lorton prison: Provided further. That not to exceed $100,000 of this appropriation shall be used to reimburse Fairfax County, Virginia, and Prince William County, Virginia, for expenses incurred by the counties during the fiscal year ending September 30,1991, in relation to the Lorton prison complex: Provided further, That such reimbursements shall be paid in all instances in which the District requests the counties to provide police, fire, rescue, and related services to help deal with escapes, riots, and similar disturbances involving the prison: Provided further. That none of the funds appropriated by this Act may be used to implement any plan that includes the closing of Engine Company 3, located at 439 New Jersey Avenue, Northwest: Provided further. That at least 21 ambulances shall be maintained on duty 24 hours per day, 365 days a year: Provided further. That the staffing levels of each two-piece engine company within the Fire Department shall be maintained in accordance with the provisions of article III, section 18 of the Fire Department Rules and Regulations as then in effect: Provided further. That none of the funds provided in this Act may be used to implement any staffing plan for the District of Columbia Fire Department that includes the elimination of any positions for Administrative Assistants to the Battalion Fire Chiefs of the Firefighting Division of the Department: Provided further. That none of the funds provided in this Act may be used to implement District of Columbia Board of Parole notice of emergency and proposed rulemaking as published in the District of Columbia Register for July 25, 1986 (33 DCR 4453a): Provided further. That the Mayor shall reimburse the District of Columbia National Guard for expenses incurred in connection with services that are performed in emergencies by the National Guard in a militia status and are requested by the Mayor, in amounts that shall be jointly determined and certified as due and payable for these services by the Mayor and the Commanding General of the District of Columbia National Guard: Provided further. That such sums as may be necessary for reimbursement to the District of Columbia National Guard under the preceding proviso shall be available from this appropriation, and the availability of the sums shall be deemed as constituting pa3rment in advance for the emergency services involved: Provided further. That
104 STAT. 2229
$17,630,000 for the Metropolitan Police Department and $2,600,000 for the District of Columbia Superior Court shall remain available until expended. PuBuc EDUCATION SYSTEM Public education system, including the development of national defense education programs, $737,240,000, to be allocated as follows: $528,764,000 for the public schools of the District of Columbia; $22,000,000 for pay-as-you-go capital projects for public schools; $81,200,000 for the District of Columbia Teachers' Retirement Fund; $76,913,000 for the University of the District of Columbia; $20,378,000 for the Public Library; $3,527,000 for the Commission on the Arts and Humanities; $3,940,000 for the District of Columbia School of Law; and $518,000 for the Education Licensure Commission: Provided, That the public schools of the District of Columbia are authorized to accept not to exceed 31 motor vehicles for exclusive use in the driver education program: Provided further, That the amount allocated under this title for the public schools shall be increased, dollar for dollar up to $36,400,000, by the amount the annual Federal payment for fiscal year 1991 is increased above the current $430,500,000 Federal payment in fiscal year 1990: Provided further. That not to exceed $2,500 for the Superintendent of Schools, $2,500 for the President of the University of the District of Columbia, and $2,000 for the Public Librarian shall be available from this appropriation for expenditures for official purposes: Provided further. That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts, for the fiscal year ending September 30, 1991, a tuition rate schedule that will establish the tuition rate for nonresident students at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan area: Provided further. That under this heading for the fiscal year ending September 30, 1991, the Public Library shall be considered a statutorily independent agency and thus shall be exempted from any and all across-the-board rescissions that may be applied to Eigencies under the control of the Mayor.
HUMAN SUPPORT SERVICES
Human support services, $876,431,000: Provided, That $20,848,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees' disability compensation: Provided further. That of the funds provided for the D.C. General Hospital subsidy, $646,000 shall be used to provide health care to homeless persons: Provided further. That not less than $191,000 of the funds appropriated under this heading shall be used by the Administrator of the Youth Services Administration to install security fences and security lighting at the Oak Hill Juvenile Detention Facility and security lighting at the Cedar Knoll Facility: Provided further. That of the funds provided for the provision of emergency shelter services in the Department of Human Services, three-fourths of the funds shall be available solely for allocation to a legally constituted private nonprofit organization in the District is defined in section 411(5) of the Stewart B. McKinney Homeless Act, approved July 22, 1987 (101 Stat. 495; 42 U.S.C. 11371(5)): Provided
104 STAT. 2230
further. That the District shall not provide free government services such as water, sewer, solid waste disposal or collection, utilities, maintenance, repairs, or similar services, if the District would not be qualified to receive reimbursement pursuant to the McKinney Act (42 U.S.C. 11301 et seq.): Provided further. That the Hurt Home located at 3050 R Street, Northwest, in the District of Columbia, shall not be occupied by residential or day patients or used as a residential treatment facility until a final decision is rendered by the District of Columbia Court of Appeals in Speyer v. Barry, Appeal No. 88-958.
PuBUC W O R K S
Public works, including rental of one passenger-carrying vehicle for use by the Mayor and three passenger-carrying vehicles for use by the Council of the District of Columbia and purchase of passenger-carrying vehicles for replacement only, $229,482,000: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business: Provided further. That any unobligated funds from the school transit subsidy shall be applied solely to the repayment of the general fund accumulated deficit.
WASHINGTON CONVENTION CENTER FUND
For the Washington Convention Center Fund, $8,383,000: Provided, That the Convention Center Board of Directors, established by section 3 of the Washington Convention Center Management Act of 1979, effective November 3, 1979 (D.C. Law 3-36; D.C. Code, sec. 9-602), shall reimburse the Auditor of the District of Columbia for all reasonable costs for performance of the annual Convention Center audit.
REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds loaned in compliance with An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, approved August 7, 1946 (60 Stat. 896; Public Law 79648); section 1 of An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City, approved June 6,1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-219); section 4 of An Act to authorize the Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211; Public Law 86-515); section 723 of the District of Columbia Self-Government and Governmental Reorganization Act of 1973, approved December 24, 1973 (87 Stat. 821; Public Law 93198; D.C. Code, sec. 47-321, space note); and section 743(f) of the District of Columbia Self-Government and Governmental Reorganization Act Amendments, approved October 13, 1977 (91 Stat. 1156; Public Law 95-131; D.C. Code, sec. 9-219, note), including interest as required thereby, $252,740,000.

REPAYMENT OF GENERAL FUND DEFICIT
104 STAT. 2231
For the purpose of reducing the $213,403,000 general fund accumulated deficit as of September 30, 1989, $20,000,000, of which not less than $18,287,000 shall be funded and apportioned by the Mayor from amounts otherwise available to the District of Columbia government (including amounts appropriated by this Act or revenues otherwise available, or both): Provided, That if the Federal payment to the District of Columbia for fiscal year 1991 is reduced pursuant to an order issued by the President under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177, approved December 12, 1985), as amended, the percentage (if any) by which the $20,000,000 set aside for repajonent of the general fund accumulated deficit under this appropriation title is reduced as a consequence shall not exceed the percentage by which the Federal payment is reduced pursuant to such order: Provided further. That all net revenue the District of Columbia government may collect as a result of the District of Columbia government's pending appeal in the consolidated case of U.S. Sprint Communications, et al. v. District of Columbia et al., CA 10080-87 (court order filed November 14, 1988), shall be applied solely to the repayment of the general fund accumulated deficit.
SHORT-TERM BORROWINGS
For the purpose of funding interest related to borrowing funds for short-term cash needs, $13,028,000.
OPTICAL AND DENTAL BENEFITS
For optical and dental costs for nonunion employees, $3,112,000.

SUPPLY, ENERGY, AND EQUIPMENT ADJUSTMENT
The Mayor shall reduce authorized supply, energy, and equipment appropriations and expenditures within object class 20 (supplies), 30a (energy), and 70 (equipment) in the amount of $10,000,000, within one or several of the various appropriation headings in this Act.
PERSONAL SERVICES ADJUSTMENT
The Mayor shall reduce appropriations and expenditures for personal services within object classes 11, 12, 13, and 14 in the amount of $10,000,000, within one or several of the various appropriation headings in this Act.
CAPITAL OUTLAY
For construction projects, $324,322,000, as authorized by An Act authorizing the laying of water mains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22,1904 (33 Stat. 244; Public Law 58140; D.C. Code, sees. 43-1512 through 43-1519); the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101; Public Law 83-364); An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Na-
104 STAT. 2232
tion's Capital City, approved June 6, 1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sees. 9-219 and 47-3402); section 3(g) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved August 20, 1958 (72 Stat. 686; Public Law 85-692; D.C. Code, sec. 40-805(7)); and the National Capital Transportation Act of 1969, approved December 9, 1969 (83 Stat. 320; Public Law 91-143; D.C. Code, sees. 1-2451, 1-2452, 1-2454, 1-2456, and 1-2457); including acquisition of sites, preparation of plans and specifications, conducting preliminary surveys, erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended: Provided, That $15,962,000 shall be available for project management and $17,521,000 for design by the Director of the Department of Public Works or by contract for architectural engineering services, as may be determined by the Mayor: Provided further. That funds for use by each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That $22,000,000 for the public school system, $392,000 for the Department of Recreation and Parks, and $2,208,000 for the Department of Public Works for pay-as-you-go capital projects shall be financed from general fund operating revenues: Provided further. That all funds provided by this appropriation title shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law 90-495; D.C. Code, sec. 7-134, note), for which funds are provided by this appropriation title, shall expire on September 30, 1992, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1992: Provided further. That upon expiration of any such project authorization the funds provided herein for the project shall lapse.
WATER AND SEWER ENTERPRISE FUND
For the Water and Sewer Enterprise Fund, $226,209,000, of which $36,608,000 shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital improvement projects. For construction projects, $28,730,000, is authorized by An Act authorizing the laying of water mains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22,1904 (33 Stat. 244; Public Law 58140; D.C. Code, sec. 43-1512 et seq.): Provided, That the requirements and restrictions that are applicable to general fund capital improvement projects and set forth in this Act under the Capital Outlay appropriation title shall apply to projects approved under this appropriation title: Provided further. That $39,609,000 in water and sewer enterprise fund operating revenues shall be available for payas-you-go capital projects.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriations Act for the fiscal year ending September 30, 1982, approved December 4, 1981 (95
104 STAT. 2233
Stat. 1174, 1175; Public Law 97-91), as amended, for the purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. Code, sees. 2-2501 et seq. and 22-1516 et seq.), $8,600,000, to be derived from non-Federal District of Columbia revenues: Provided, That the District of Columbia shall identify the sources of funding for this appropriation title from the District's own locally-generated revenues: Provided further, That no revenues from Federal sources shall be used to support the operations or activities of the Lottery and Charitable Games Control Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, established by the Cable Television Communications Act of 1981, effective October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et seq.), $1,700,000.
GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 102. Except as otherwise provided in this Act, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official. SEC. 103. Whenever in this Act, an amount is specified within an appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount that may be expended for said purpose or object rather than an amount set apart exclusively therefor, except for those funds and programs for the Metropolitan Police Department under the heading "Public Safety and Justice" which shall be considered as the amounts set apart exclusively for and shall be expended solely by that Department; and the appropriation under the heading "Repayment of General Fund Deficit" which shall be considered as the amount set apart exclusively for and shall be expended solely for that purpose. SEC. 104. Appropriations in this Act shall be available, when authorized by the Mayor, for allowances for privately owned automobiles and motorcycles used for the performance of official duties at rates established by the Mayor: Provided, That such rates shall not exceed the maximum prevailing rates for such vehicles as prescribed in the Federal Property Management Regulations 101-7 (Federal Travel Regulations). SEC. 105. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor: Provided, That the Council of the District of Columbia and the District of Columbia Courts may expend such funds without authorization by the Mayor.
104 STAT. 2234
SEC. 106. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments that have been entered against the District of Columbia government: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of section ll(cX3) of title XII of the District of Columbia Income and Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public Law 84-460; D.C. Code, sec. 471812.11(c)(3)). SEC. 107. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of section 544 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3205.44), and for the non-Federal share of funds necessary to qualify for Federal assistance under the Juvenile Delinquency Prevention and Control Act of 1968, approved July 31, 1968 (82 Stat. 462; Public Law 90-445; 42 U.S.C. 3801 et seq.). SEC. 108. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 109. Not to exceed iV2 per centum of the total of all funds appropriated by this Act for personnel compensation may be used to pay the cost of overtime or temporary positions. SEC. 110. Appropriations in this Act shall not be available, during the fiscal year ending September 30, 1991, for the compensation of any person appointed to a permanent position in the District of Columbia government during any month in which the number of employees exceeds 39,262. SEC. 111. No funds appropriated in this Act for the District of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community or partisan political group during non-school hours. SEC. 112. The annual budget for the District of Columbia government for the fiscal year ending September 30, 1992, shall be transmitted to the Congress no later than April 15,1991. SEC. 113. None of the funds appropriated in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name, title, grade, salary, past work experience, and salary history are not available for inspection by the House and Senate Committees on Appropriations, the House Committee on the District of Columbia, the Subcommittee on General Services, Federalism, and the District of Columbia of the Senate Committee on Governmental Affairs, and the Council of the District of Columbia, or their duly authorized representative. SEC. 114. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977, effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.). SEC. 115. None of the funds contained in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name and salary are not available for public inspection.
104 STAT. 2235
SEC. 116. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. SEC. 117. None of the funds contained in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. SEC. 118. At the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for capital outlay borrowings: Provided, That within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowing and spending progress compared with projections. SEC. 119. The Mayor shall not borrow any funds for capital projects unless the Mayor has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings. SEC. 120. The Mayor shall not expend any moneys borrowed for capital projects for the operating expenses of the District of Columbia government. SEC. 121. None of the funds appropriated in this Act may be used for the implementation of a personnel lottery with respect to the hiring of fire fighters or police officers. SEC. 122. None of the funds appropriated by this Act may be obligated or expended by reprogramming except pursuant to advance approval of the reprogramming granted according to the procedure set forth in the Joint Explanatory Statement of the Committee of Conference (House Report No. 96-443), which accompanied the District of Columbia Appropriation Act, 1980, approved October 30, 1979 (93 Stat. 713; Public Law 96-93), as modified in House Report No. 98-265, and in accordance with the Reprogramming Policy Act of 1980, effective September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.). SEC. 123. None of the Federal funds provided in this Act shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of the District of Columbia. SEC. 124. None of the Federal funds provided in this Act shall be obligated or expended to procure passenger automobiles as defined in the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an Environmental Protection Agency estimated miles per gallon average of less than 22 miles per gallon: Provided, That this section shall not apply to security, emergency rescue, or armored vehicles. SEC. 125. (a) Notwithstanding section 422(7) of the District of Columbia Self-Government and Governmental Reorganization Act of 1973, approved December 24, 1973 (87 Stat. 790; Public Law 93198; D.C. Code, sec. 1-242(7)), the City Administrator shall be paid, during any fiscal year, a salary at a rate established by the Mayor, not to exceed the rate established for level IV of the Executive Schedule under 5 U.S.C. 5315. (b) For purposes of applying any provision of law limiting the availability of funds for payment of salary or pay in any fiscal year, the highest rate of pay established by the Mayor under subsection (a) of this section for any position for any period during the last quarter of calendar year 1990 shall be deemed to be the rate of pay payable for that position for September 30,1990.
Abortion.
Reports.
104 STAT. 2236
(c) Notwithstanding section 4(a) of the District of Columbia Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of the District of Columbia Redevelopment Land Agency shall be paid, during any fiscal year, a per diem compensation at a rate established by the Mayor. SEC. 126. Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the District of Columbia Self-Government and Governmental Reorganization Act of 1973, approved December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5 of the United States Code. SEC. 127. The Director of the Department of Administrative Services may pay rentals and repair, alter, and improve rented premises, without regard to the provisions of section 322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 278a), upon a determination by the Director, that by reason of circumstances set forth in such determination, the payment of these rents and the execution of this work, without reference to the limitations of section 322, is advantajgeous to the District in terms of economy, efficiency, and the District's best interest. SEC. 128. No later than 30 days after the end of the first quarter of the fiscal year ending September 30, 1991, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia the new fiscal year 1991 revenue estimates as of the end of the first quarter of fiscal year 1991. These estimates shall be used in the budget request for the fiscal year ending September 30, 1992. The officially revised estimates at midyear shall be used for the midyear report. SEC. 129. Section 466(b) of the District of Columbia Self-Government and Governmental Reorganization Act of 1973, approved December 24, 1973 (87 Stat. 806; Public Law 93-198; D.C. Code, sec. 47-326), as amended, is amended by striking out "sold before October 1, 1990" and inserting in lieu thereof "sold before October 1, 1991". SEC. 130. No sole source contract with the District of Columbia government or any agency thereof may be renewed or extended without opening that contract to the competitive bidding process as set forth in section 303 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that the District of Columbia Public Schools may renew or extend sole source contracts for which competition is not feasible or practical, provided that the determination as to whether to invoke the competitive bidding process has been made in accordance with duly promulgated Board of Education rules and procedures. SEC. 131. For purposes of the Balanced Budget and Emergency Deficit Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177), as amended, the term "program, project, and activity" shall be synonymous with and refer specifically to each account appropriating Federal funds in this Act, and any sequestration order shall be applied to each of the accounts rather
104 STAT. 2237
than to the aggregate total of those accounts: Provided, That sequestration orders shall not be applied to any account that is specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99-177), as amended. SEC. 132. In the event a sequestration order is issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99-177), as amended, after the amounts appropriated to the District of Columbia for the fiscal year involved have been paid to the District of Columbia, the Mayor of the District of Columbia shall pay to the Secretary of the Treasury, within 15 days after receipt of a request therefor from the Secretary of the Treasury, such amounts as are sequestered by the order: Provided, That the sequestration percentage specified in the order shall be applied proportionately to each of the Federal appropriation accounts in this Act that are not specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99-177), as amended. SEC. 133. Section 133(e) of the District of Columbia Appropriations Act, 1990 is amended by striking "December 31, 1990" and inserting "December 31,1991". SEC. 134. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. SEC. 135. For the fiscal year ending September 30, 1991, the District of Columbia shall pay interest on its quarterly pajonents to the United States that are made more than 60 days from the date of receipt of an itemized statement from the Federal Bureau of Prisons of amounts due for housing District of Columbia convicts in Federal penitentiaries for the preceding quarter.
SEC. 136. (a) IN GENERAL.
Termination IAQ%. loon 103 Stat. 1280.
(1) ATTORNEYS.Section 906 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (section 1-610.6, D.C. Code) is amended (A) in subsection (a), by striking "Notwithstanding" and inserting "Except as provided in subsection (c) and notwithstanding"; and (B) by adding at the end the following new subsection: "(c) Subsections (a) and (b) shall not apply to any person applying for or accepting any position in the Excepted Service as an attorney, and such person shall be covered by the provisions of section 801(e).". (2) EMPLOYEES OF BOARDS AND COMMISSIONS.Section 202(3) of such Act (section 1-602.2, D.C. Code) is amended by inserting after the second sentence the following: "Individuals serving as employees of boards ind commissions shall be covered by the provisions of section 801(e).".
(3) CONFORMING AMENDMENT.D.C. Law 3-36 is amended
(A) in section 4(aX4) (section 9-603(aX4), D.C. Code), by striking the colon at the end of the second sentence and all that follows and inserting a semicolon; and
104 STAT. 2238
PUBLIC LAW 101-518NOV. 5, 1990 (B) in section 11 (section 9-610, D.C. Code), by striking "titles V and XVII" and inserting "titles V and XVII and section 801(e)". (b) EFFECTIVE DATE.The amendments made by subsection (a) shall take effect as if included in the enactment of the Residency Preference Amendment Act of 1988. SEC. 137. None of the funds provided in this Act may be used by the District of Columbia to provide for the salaries, expenses, or other costs associated with, the offices of United States Senator or United States Representative under section 4(d) of D.C. Law 3-171 (sec. l-113(d), D.C. Code). SEC. 138. (a) The proviso under the heading "Public Works" in the Dire Emergency Supplemental Appropriation for Disaster Assistance, Food Stamps, Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1990, approved May 25, 1990 (Public Law 101-302; 104 Stat. 241), shall remain in effect until September 30,1991. (b) Chapter IX of title II of the Dire Emergency Supplemental Appropriation for Disaster Assistance, Food Stamps, Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1990, approved May 25, 1990 (Public Law 101-302; 104 Stat. 241), is amended in the item relating to "Public Safety and Justice" by striking "current operating revenues collected during fiscal year 1991 and not from". SEC. 139. (a) Up to 75 officers or members of the Metropolitan Police Department who were hired before February 14, 1980, and who retire on disability before the end of calendar year 1991 shall be excluded from the computation of the rate of disability retirement under subsection 145(a) of the District of Columbia Retirement Reform Act, as amended, approved September 30, 1983 (97 Stat. 727; D.C. Code, sec. l-725(a)), for purposes of reducing the authorized Federal payment to the District of Columbia Police Officers and Fire Fighters' Retirement Fund pursuant to subsection 145(c) of the District of Columbia Retirement Reform Act. (b) The Mayor, within 30 days after the enactment of this Act, shall engage an enrolled actuary, to be paid by the District of Columbia Retirement Board, and shall comply with the requirements of section 142(d) and section 144(d) of the District of Columbia Retirement Reform Act of 1979 (Public Law 96-122, D.C. Code, sees. l-722(d) and l-724(d)). (c) If any of the 75 light duty positions that may become vacant under subsection (a) are filled, a civilian employee shall be hired to fill that position or shall be filled by an officer or member of the Metropolitan Police Department for a temporary period of time. (d) The limited duty policy of the Metropolitan Police Department shall be that in effect prior to July 8, 1990, unless ordered by the relevant court.
104 STAT. 2239
SEC. 140. Notwithstanding any other provision of law, the Task Reports. Force on Substance Abusing Pregnant Women and Infants Exposed to Maternal Substance Abuse During Pregnancy shall report no later than March 29,1991. This Act may be cited is the "District of Columbia Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5311: HOUSE REPORTS: No. 101-607 (Comm. on Appropriations); Nos. 101-897, 101-935, and 101-958 (all from Comm. of Conference). SENATE REPORTS: No. 101-397 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): July 26, considered and passed House. Sept. 11, 12, 14, 18, considered and peissed Senate, amended. Oct. 20, 25, House rejected conference reports. Oct. 26, House and &nate agreed to conference report.
104 STAT. 2240

Nov. 5, 1990 [H.R. 5313] Making appropriations for military construction for the Department of Defense for tl^6 fiscal year ending September 30, 1991, and for other purposes.
Military Appropriadon^ Act, 1991.
Be it eruicted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1991, for military construction functions administered by the Department of Defense, and for other purposes, namely:
MiuTARY C O N S T R U C T I O N , ARMY
(INCLUDING RESCISSIONS)
For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, and for construction and operation of facilities in support of the functions of the Commander in Chief, $746,137,000, to remain available until September 30, 1995: Provided, That of this amount, not to exceed $89,577,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: Provided further. That of the funds appropriated for "Military Construction, Army" under Public Law 99-173, $1,900,000 is hereby rescinded: Provided further, That of the funds appropriated for "Military Construction, Army" under Public Law 99-500 and Public Law 99-591, $14,905,000 is hereby rescinded: Provided further, That of the funds appropriated for "Military Construction, Army" under Public Law 100-202, $29,030,000 is hereby rescinded: Provided further. That of the funds appropriated for "Military Construction, Army" under Public Law 100-447, $26,910,000 is hereby rescinded: Provided further. That of the funds appropriated for "Military Construction, Army" under Public Law 101-148, $44,000,000 is hereby rescinded.
MiUTARY C O N S T R U C T I O N , NAVY
(INCLUDING RESCISSION)
For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $1,132,606,000, to remain available until September 30, 1995: Provided, That of this amount, not to exceed $74,451,000 shall
104 STAT. 2241
be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: Provided further. That of the funds appropriated for "Military Construction, Navy" under Public Law 101-148, $6,200,000 is hereby rescinded.
MiuTARY CONSTRUCTION, A I R FORCE (INCLUDING RESCISSIONS)
For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $949,094,000 and rescission of $26,000,000 of the funds appropriated for "Military Construction, Air Force" under Public Law 101-148 in addition to the rescissions listed subsequently in this parsigraph, to remain available until September 30, 1995: Provided, That of this amount, not to exceed $94,241,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: Provided further. That of the funds appropriated for "Military Construction, Air Force" under Public Law 100-447, $4,700,000 is hereby rescinded: Provided further. That of the funds appropriated for Military Construction, Air Force" under Public Law 101-148, $20,690,000 is hereby rescinded: Provided further. That, herein and hereafter, the Ballistic Missile Organization shall not be relocated from Norton Air Force Base, California.
MILITARY CONSTRUCTION, DEFENSE AGENCIES (INCLUDING TRANSFER OF FUNDS) (INCLUDING RESCISSIONS)
For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $601,288,000, to remain available until September 30, 1995: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further. That of the amount appropriated, not to exceed $94,285,000 shall be available for study, planning, design, architect Eind engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: Provided further. That of the funds appropriated for "Military Construction, Defense Agencies" under Public Law 100-447, $35,578,000 is hereby rescinded: Provided further. That of the funds appropriated for
104 STAT. 2242
"Military Construction, Defense Agencies" under Public Law 101148, $32,541,000 is hereby rescinded.
NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
For the United States share of the cost of North Atlantic Treaty Organization Infrastructure programs for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized in military construction Acts and section 2806 of title 10, United States Code, $192,700,000, to remain available until expended: Provided, That none of the funds appropriated or otherwise available under the North Atlantic Treaty Organization Infrastructure Account in this or any other Act may be obligated for planning, design, or construction of military facilities or family housing to support the relocation of the 401st Tactical Fighter Wing to Crotone, Italy.
MIUTARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $313,224,000, to remain available until September 30,1995.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $180,560,000, to remain available until September 30,1995.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $77,426,000, to remain available until September 30,1995.
MIUTARY CONSTRUCTION, NAVAL RESERVE
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $80,307,000, to remain available until September 30,1995.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States
104 STAT. 2243
Code, and military construction authorization Acts, $38,600,000, to remain available until September 30,1995.
FAMILY HOUSING, ARMY (INCLUDING RESCISSIONS)
For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $74,300,000; for Operation and maintenance, and for debt payment, $1,463,967,000; in all $1,538,267,000: Provided, That the amount provided for construction shall remain available until September 30, 1995: Provided further. That of the funds appropriated for "Family Housing, Army" under Public Law 100-202, $4,264,000 is hereby rescinded: Provided further. That of the funds appropriated for "Family Housing, Army" under Public Law 100447, $8,400,000 is hereby rescinded.
FAMILY HOUSING, NAVY AND MARINE CORPS (INCLUDING RESCISSION)
For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $174,917,000; for Operation and maintenance, and for debt payment, $691,101,000; in all $866,018,000: Provided, That the amount provided for construction shall remain available until September 30, 1995: Provided further. That of the funds appropriated for "Family Housing, Navy and Marine Corps" under Public Law 101-148, $11,037,000 is hereby rescinded.
FAMILY HOUSING, AIR FORCE (INCLUDING RESCISSIONS)
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $162,957,000; for Operation and maintenance, and for debt payment, $771,442,000; in all $934,399,000: Provided, That the amount provided for construction shall remain available until September 30, 1995: Provided further. That of the funds appropriated for "Family Housing, Air Force" under Public Law 100-202, $1,941,000 is hereby rescinded: Provided further. That of the funds appropriated for "Family Housing, Air Force" under Public Law 100-447, $167,000 is hereby rescinded: Provided further. That of the funds appropriated for "Family Housing, Air Force" under Public Law 101-148, $43,856,000 is hereby rescinded.
104 STAT. 2244

FAMILY HOUSING, DEFENSE AGENCIES (INCLUDING RESCISSIONS)
For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, leasing, and minor construction, as authorized by law, as follows: for Construction, $500,000; for Operation and maintenance, $20,514,000; in all $21,014,000: Provided, That the amount provided for construction shall remain available until September 30, 1995: Provided further. That of the funds appropriated for "Family Housing, Defense Agencies" under Public Law 101-148, $300,000 is hereby rescinded.
HOMEOWNERS ASSISTANCE FUND, DEFENSE
For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754, as amended), $5,100,000, to remain available until expended.
BASE REAUGNMENT AND CLOSURE ACCOUNT
For deposit into the Department of Defense Base Closure Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), $998,100,000, to remain available for obligation until September 30, 1995: Provided, That none of these funds may be obligated for beise realignment and closure activities under Public Law 100-526 which would cause the Department's $2,400,000,000 cost estimate for military construction and family housing related to the Base Realignment and Closure Program to be exceeded: Provided further. That $100,000,000 of the funds appropriated herein shall be available solely for environmental restoration. GENERAL PROVISIONS SEC. 101. None of the funds appropriated in this Act shall be expended for pajmients under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 102. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. SEC. 103. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 104. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made.
104 STAT. 2245
SEC. 105. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except (a) where there is a determination of value by a Federal court, or Ot>) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest. SEC. 106. None of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. SEC. 107. None of the funds appropriated in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations. SEC. 108. No part of the funds appropriated in this Act may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. SEC. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. SEC. 110. None of the funds appropriated in this Act may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations. SEC. 111. None of the funds appropriated in this Act may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan or in any NATO member country, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. SEC. 112. None of the funds appropriated in this Act for military construction in the United States territories and possessions in the Pacific and on Kwajalein Island may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 per centum. SEC. 113. The Secretary of Defense is to inform the Committees on Appropriations and the Committees on Armed Services of the plans and scope of any proposed military exercise involving United States personnel thirty days prior to its occurring, if sunounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000.
(TRANSFER OF FUNDS)
SEC. 114. Unexpended balances in the Military Family Housing Management Account established pursuant to section 2831 of title 10, United States Code, as well as any additional amounts which would otherwise be transferred to the Military Family Housing
104 STAT. 2246
Management Account during fiscal year 1991, shall be transferred to the appropriations for Family Housing provided in this Act, as determined by the Secretary of Defense, based on the sources from which the funds were derived, and shall be available for the same purposes, and for the same time period, as the appropriation to which they have been transferred. SEC. 115. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year.
(TRANSFER OF FUNDS)
Repoj^-
10 use 2860 ^^-
SEC. 116. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such military department by the authorizations enacted into law during the second session of the One Hundred First Congress. SEC. 117. The Secretary of Defense is to provide the Committees on Appropriations of the Senate and the House of Representatives with a report by February 15, 1991, containing details of the specific actions proposed to be taken by the Department of Defense during fiscal year 1991 to encourage other member nations of the North Atlantic Treaty Organization and Japan to sissume a greater share of the common defense burden of such nations and the United States. SEC. 118. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. SEC. 119. Notwithstanding any other provision of law, any funds appropriated to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for emy portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were appropriated if the funds obligated for such project (1) are obligated from funds available for military construction projects, and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuint to law. SEC. 120. Of the funds appropriated in this Act for Operations and maintenance of Family Housing, no more than $16,000,000 may be obligated for contract cleaning of family housing units. SEC. 121. None of the funds appropriated in this Act may be used for the design, construction, operation or maintenance of new family housing units in the Republic of Korea in connection with any increase in accompanied tours after June 6,1988. SEC. 122. None of the funds appropriated in this Act for planning and design activities may be used to initiate design of the Pentagon Annex. SEC. 123. None of the funds appropriated in this Act, except those necessary to exercise construction management provisions under section 2807 of title 10, United States Code, may be used for study, planning, design, or architect and engineer services related to the relocation of Yongsan Garrison, Korea. SEC. 124. None of the funds herein or heretofore appropriated for Military Construction and Family Housing are available to fund
104 STAT. 2247
costs associated with military operations in Pangima known as Operation Just Cause, notwithstanding transfer authority contained in section 211 of Public Law 101-302. SEC. 125. The Congress disapproves the deferrals relating to the Department of Defense as set forth in the message from the Comptroller General transmitted to the Congress on June 28, 1990 (H. Doc. 101-210). SEC. 126. (a) Notwithstanding any other provision of law, the Secretary of the Army shall transfer, no later than September 30, 1991, and without reimbursement, to the Secretary of the Interior the real property, including improvements thereon, consisting of approximately 7,600 acres of Fort Meade, Maryland, located generally south of Maryland Route 198 extended and the power-line right-of-way, as determined under subsection (d). Qy) The Secretary of the Interior shall administer the property transferred pursuant to subsection (a) consistent with wildlife conservation purposes and shall provide for the continued use of the property by Federal agencies to the extent such agencies are using it on the date of the enactment of this Act, including activities of the Department of Defense that are consistent with the recommendations of the Base Realignment and Closure Commission. (c) The Secretary of the Interior may not convey, lease, transfer, declare excess or surplus, or otherwise dispose of any portion of the property transferred pursuant to subsection (a) unless approved by law. (d) The exact acreage and legal description of the property to be transferred under this section shall be determined by a survey satisfactory to the Director of the United States Fish and Wildlife Service within the Department of the Interior, after consultation with the Department of the Army and appropriate State gmd local government officials. SEC. 127. (a) IN GENERAL.(1) Subject to subsections QD) through (e), the Secretary of the Army may convey to the city of Tacoma, Washington, all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, located at 3009 North Star Street, Tacoma, Washington, consisting of approximately 6.7 acres. (2) The conveyance under paragraph (1) shall be made in consideration for a 50-year leasehold interest in and to Pier 23, Port of Tacoma, made available by the State of Washington to the Department of the Army. 0)) CONDITIONS OF CONVEYANCE.The conveyance authorized by subsection (a) shall be subject to the following conditions: (1) The property conveyed shall be used for public purposes. (2) The Secretary may reserve to the United States {and shall include in the instrument of conveyance) such easements and other interest in the property conveyed pursuant to this section as the Secretary determines necessary or convenient for the operations, activities, and functions of the United States. (c) REVERSION.If the Secretary determines at any time that the property conveyed pursuant to this section is not being used for the purposes specified in subsection O^XD, all right, title, and interest in and to the property (including improvements thereon) shall revert to the United States and the United States shall have the right of immediate entry thereon. (d) DESCRIPTION OF PROPERTY.The exact acreage and legal description of the property to be conveyed under this section shall be
Real property acquisition. Maryland. Electric power. Rights-of-way.
Wildlife.
Real property acquisition. Washington.
Public lands.
104 STAT. 2248
determined by a survey satisfactory to the Secretary. The cost of such survey shall be borne by the city.
Wages. Government employees. Public lands. Utah. Real property acquisition.
Rights-of-way.
quire such additional terms and conditions in connection with the conveyance under this section as the Secretary determines appropriate to protect the interests of the United States. SEC. 128. None of the funds appropriated in this Act, except for North Atlantic Treaty Organization Infrastructure funds, may be used for planning, design, or construction of military facilities or family housing to support the relocation of the 401st Tactical Fighter Wing from Spain to another country. SEC. 129. Such sums as may be necessary for fiscal year 1991 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. SEC. 130. (a) CONVEYANCE.(1) Except as provided in paragraphs (2), (3), and (4), and subject to subsections (c) and (g), the Secretary of the Army shall convey to the University of Utah all right, title, and interest of the United States in and to the land comprising Fort Douglas, Utah, together with improvements thereon. (2) The Secretary shall except from the land conveyed under paragraph (1) such land, not in excess of 64 acres, and improvements thereon as may be necessary for the Army to continue conducting Army Reserve activities at the Fort Douglas location. (3) The Secretary shall also except from the land conveyed under paragraph (1) the land at Fort Douglas constituting the Fort Douglas Post Cemetery, consisting of approximately four acres. (4) In connection with the land retained for Army Reserve activities and the land constituting the Army Post Cemetery, the Secretary shall reserve to the United States in the land conveyed such rights-of-way and other easements as may be necessary for ingress to and egress from the land retained. (b) CONSIDERATION.(1) The conveyance under subsection (a) shall be made only on the condition that the State of Utah and the University of Utah waive any entitlements that have not been exercised on behalf of the University of Utah before the date of the enactment of this section and that may be due to the State of Utah or the University of Utah on behalf of the University of Utah under (A) section 3 of the Act entitled "An Act to establish the office of Surveyor-General of Utah, and to grant Land for School and University Purposes", approved February 21,1855 (10 Stat. 611); and (B) sections 8 and 12 of the Act entitled "An Act to enable the people of Utah to form a constitution and State government, and to be admitted into the Union on equal footing with the original States", approved July 16,1894 (28 Stat. 110). (2) The waiver referred to in paragraph (1) shall be executed in such manner as the Secretary of the Army, after consultation with the Attorney General of the United States, determines necessary to effectively waive any unexercised entitlements under those laws. (c) CONDITION.(1) The conveyance provided for in subsection (a) may be made only on condition that (A) the State of Utah agrees to maintain and operate, as provided in paragraph (2), the Army museum located on the land conveyed to the University of Utah pursuant to this section; and (B) the University of Utah agrees
104 STAT. 2249
(i) to maintain and operate, as provided in paragraph (2), the Army chapel and other historical buildings located on the land referred to in subparagraph (A); and (ii) to preserve and maintain, as provided in paragraph (2), the parade grounds that are a part of the land referred to in subparagraph (A). (2) The Army museum, Army chapel, and other historical buildings referred to in paragraph (1) shall be maintained and operated, and the parade grounds referred to in that paragraph shall be preserved and maintained, in a manner consistent with Federal laws and regulations pertaining to the preservation of historical sites, buildings, and monuments, as specified by the Secretary of the Interior. (d) REVERSIONARY RIGHT.If the University of Utah uses the land conveyed pursuant to subsection (a) for other than educational or research purposes, all right, title, and interest in and to such land shall automatically revert to the United States and the United States shall have the right of immediate entry thereon. (e) DEADLINE FOR CONVEYANCE.The conveyance under subsection (a) shall be made not later than one year after the date of the enactment of this section. (f) JOINT USE OF UTILITY SYSTEMS.The Secretary may enter into an agreement with the University of Utah under which the Army and the University would (1) jointly use the existing utility systems located at Fort Douglas at the time of the conveyance provided for under subsection (a); (2) equitably share the cost of maintaining, operating, and replacing (as necessary) the systems; and (3) pay on a pro rata basis for the utilities consumed by each of the parties.
(g) ADDITIONAL TERMS AND CONDITIONS.The Secretary may re-
Historical preservation. Federal buildings and facilities.
quire such additional terms and conditions in connection with the conveyance provided for under subsection (a) as the Secretary considers necessary to protect the interests of the United States. (h) ADDITIONAL EXCESS LAND.In the event that any lands constituting Fort Douglas, Utah, that are not conveyed pursuant to subsection (a) are declared excess to the needs of the Army after the date of the conveyance provided for in that subsection, the Secretary shall convey such lands to the University of Utah. Any l a n ^ conveyed pursusmt to this subsection shall be conveyed subject to a reversionary clause in favor of the United States as provided in subsection (d).
PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ
SEC. 131. (a) Notwithstanding any other provision of law, the President is authorized (1) to vest title in a portion of the property in which transactions have been blocked pursuant to Executive Order 12722 of August 3,1990, which portion shall be equal to the total amount of obligations owed to United States Government (including the Department of Agriculture and the Commodity Credit Corporation) and United States nationals for which Iraq has suspended repayment; and (2) to liquidate such property and pay United States creditors the amount of the obligations referred to under paragraph (1).
50 u s e 1701 note.
39-194 O - 91 - 29 : QL 3 Part 3
104 STAT. 2250
(b) In the event that property liquidated under subsection (aX2) is less than the total amount of obligations described in subsection (a)(1), then obligations the repayment of which is guaranteed by the Commodity Credit Corporation shall be given priority in payment of creditors.
ANTITERRORISM ACT OF 1990 Antiterrorism SEC. 132. (a) SHORT TITLE.This section may be cited as the
fs ufc 2331 note.
"Antiterrorism Act of 1990". (b) TERRORISM.Chapter 113A of title 18, United States Code, is amended (1) in section 2331 by striking subsection (d) and redesignating subsection (e) as subsection (d); (2) by redesignating section 2331 as 2332 and striking the caption for section 2331 and inserting the following: " 2332. Criminal penalties"; (3) by inserting before section 2332 as redesignated the following: " 2331. Defmitions "As used in this chapter "(1) the term 'international terrorism' meeins activities that "(A) involve violent acts or acts dsmgerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminsil violation if committed within the jurisdiction of the United States or of any State; "(B) appear to be intended "(i) to intimidate or coerce a civilian population; "(ii) to influence the policy of a government by intimidation or coercion; or "(iii) to affect the conduct of a government by assassination or kidnapping; and "(C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum; "(2) the term 'national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act; "(3) the term 'person' means any individual or entity capable of holding a legal or beneficial interest in property; and "(4) the term 'act of war' means any act occurring in the course of "(A) declared war; "(B) armed conflict, whether or not war has been declared, between two or more nations; or "(C) armed conflict between military forces of any origin."; (4) by adding immediately after section 2332 is redesignated the following new sections:
PUBLIC LAW 101-519NOV. 5, 1990 " 2333. Civil remedies
104 STAT. 2251
"(a) ACTION AND JURISDICTION,Any national of the United States
injured in his person, property, or business by reason of an act of international terrorism, or his estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he sustains and the cost of the suit, including attorney's fees. "(b) ESTOPPED UNDER UNITED STATES LAW.A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 1116, 1201, 1203, or 2382 of this title or section 1472 (i), (k), (1), (n), or (r) of title 49 App. shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. "(c) ESTOPPED UNDER FOREIGN LAW.Â final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. " 2334. Jurisdiction and venue "(a) GENERAL VENUE.Any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district where any plaintiff resides or where any defendant resides or is served, or has an agent. Process in such a civil action may be served in any district where the defendant resides, is found, or has an agent.
"(b) SPECIAL MARITIME OR TERRITORIAL JURISDICTION.If the
actions giving rise to the claim occurred within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of this title, then any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district in which any plaintiff resides or the defendant resides, is served, or has an agent. "(c) SERVICE ON WITNESSES.A witness in a civil action brought under section 2333 of this title may be served in any district where the witness resides, is found, or has an agent. "(d) CONVENIENCE OF THE FORUM.The district court shall not dismiss any action brought under section 2333 of this title on the grounds of the inconvenience or inappropriateness of the forum chosen, unless "(1) the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants; "(2) that foreign court is significantly more convenient and appropriate; and ^ '(3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United States. " 2335. Limitation of actions "(a) I N GENERAL.Subject to subsection (b), a suit for recovery of damages under section 2333 of this title shall not be maintained unless commenced within 3 years from the date the cause of action accrued. "(b) CALCULATION OF PERIOD.The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be
104 STAT. 2252
maintained by the plaintiff, or any concealment of his whereabouts, shall not be reckoned within this period of limitation. " 2336. Other limitations "No action shall be maintaiined under section 2333 of this title for injury or loss by reason of an act of war. " 2337. Suits against government offlclals "No action shall be maintained under section 2333 of this title against "(1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his official capacity or under color of legal authority; or "(2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his. official capacity or under color of legal authority. Couj^*' 2338. Exclusive Federal jurisdiction "The district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter."; and (5) by amending the table of sections to read as follows:
"CHAPTER 113ATsaiRORiSM
"Sec. "2331. "2332. "2333. "2334. "2335. "2336. "2337. "2338.
Definitions. Criminal penjilties. Civil remedies. Jurisdiction and venue. Limitation of actions. Other limitations. Suits ageiinst government officials. Exclusive Federal jurisdiction.".
(c) TABLE OF CONTENTS.The table of contents of part 1, title 18, United States Code, is amended by striking:
"USA. Extraterritorial jurisdiction over terrorist acts abroad against United States nationals 2331." 2331.".
and inserting in lieu thereof:

"113A. Terrorism
104 STAT. 2253

18 use 2331
(d) EFFECTIVE DATE.This section and the amendments made by this section shall apply to any pending case and any cause of action arising on or after 3 years before the date of enactment of this section. This Act may be cited as the "Military C!onstruction Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5313: HOUSE REPORTS: No. 101-608 (Comm. on Appropriations) and No. 101-888 (Coram. of Ckjnference). SENATE REPORTS: No. 101-410 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): July 30, considered and passed House. Oct. 1, considered and passed Senate, amended. Oct. 19, House agreed to conference report; receded and concurred in certain Senate amendment, in others with amendments; and disagreed to certain others. Oct. 27, Senate agreed to conference report; concurred in certain House amendments; and receded from its amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
104 STAT. 2254

Nov. 5, 1990 [H.R. 5399] Legislative Branch Appropriations Act, 1991. Congresfeional Operations Appropriations Act, 1991. 2 u s e 60a note. Making apppropriations for the Legislative Branch for the fiscal year ending September 30, 1991, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 1991, and for other purposes, namely: TITLE ICONGRESSIONAL OPERATIONS SENATE
MILEAGE AND EXPENSE ALLOWANCES MILEAGE OF THE VICE PRESIDENT AND SENATORS
For mileage of the Vice President and Senators of the United States, $60,000.
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $10,000; the President Pro Tempore of the Senate, $10,000; Majority Leader of the Senate, $10,000; Minority Leader of the Senate, $10,000; Majority Whip of the Senate, $5,000; Minority Whip of the Senate, $5,000; and Chairmen of the Majority and Minority Conference Committees, $3,000 for each Chairman; in all, $56,000.
REPRESENTATION ALLOWANCES FOR THE MAJORITY A N D MINORITY LEADERS
For representation allowances of the Majority and Minority Leaders of the Senate, $15,000 for each such Leader; in all, $30,000.
SALARIES, OFFICERS A N D EMPLOYEES
For compensation of officers, employees, and others as authorized by law, including agency contributions, $60,276,000, to remain available until expended, which shall be paid from this appropriation without regard to the below limitations, as follows:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $1,290,000.

OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $311,000.

OFFICES OF THE MAJORITY AND MINORITY LEADERS
104 STAT. 2255
For Offices of the Majority and Minority Leaders, $1,746,000.

OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $608,000.

CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $694,000 for each such committee; in all, $1,388,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $340,000.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $154,000.

OFFICE OF THE SECRETARY
For Office of the Secretary, $9,476,000.

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office of the Sergeant at Arms and Doorkeeper, $29,932,000.

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the Secretary for the Minority, $1,031,000.
AGENCY CONTRIBUTIONS
For agency contributions for employee benefits, as authorized by law, $14,000,000.

OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE
For salaries and expenses of the Office of the Legislative Counsel of the Senate, $2,601,000.
OFFICE OF SENATE LEGAL COUNSEL
For salaries and expenses of the Office of Senate Legal Counsel, $768,000.
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate, $3,000; Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary for the Majority of the Senate, $3,000; Secretary for the Minority of the Senate, $3,000; in all, $12,000.
104 STAT. 2256

CONTINGENT EXPENSES OF THE SENATE SENATE POLICY COMMITTEES
For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $1,142,000 for each such committee; in all, $2,284,000, to remain available until expended.
INQUIRIES A N D INVESTIGATIONS
For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth Congress, as amended, section 112 of Public Law 96-304 and Senate Resolution 281, agreed to March 11, 1980, $70,773,000, to remain available until expended.
EXPENSES OF UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on International Narcotics Control, $325,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate, $803,000, to remain available until expended.
SERGEANT AT ARMS A N D DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $89,756,000, to remain available until expended.
MISCELLANEOUS ITEMS
For miscellaneous items, $8,325,500, to remain available until expended: Provided, That not to exceed $100,000 shall be available to the Sergeant at Arms and Doorkeeper of the Senate, for the purchase of equipment to implement closed captioning of Senate proceedings: Provided further, That effective in the case of fiscal years beginning after September 30, 1990, section 120 of Public Law 97-51 (2 U.S.C. 61g-6) is amended by striking out "$50,000" and inserting in lieu thereof "$75,000".
SENATORS' OFFICIAL PERSONNEL AND
OFFICE EXPENSE ACCOUNT
For Senators' Official Personnel and Office Expense Account, $171,000,000, to remain available until expended.
STATIONERY (REVOLVING F U N D )
For stationery for the President of the Senate, $4,500, for officers of the Senate and the Conference of the Majority and Conference of the Minority of the Senate, $8,500; in all, $13,000.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the Senate, $30,000,000, to remain available until expended to be disbursed by the Secretary of the Senate: Provided, That funds appropriated for
104 STAT. 2257
such purpose for the fiscal year ending September 30, 1990, shall remain available until expended.
ADMINISTRATIVE PROVISIONS SECTION 1. The Chairman of the Majority or Minority Conference 2 USC 6lg-6a. Committee of the Senate may, during any fiscal year (commencing with the fiscal year ending September 30, 1991), at his election transfer not more than $75,000 from the appropriation account for salaries for the Conference of the Majority and the Conference of the Minority of the Senate, to the account, within the contingent fund of the Senate, from which expenses are payable under section 120 of Public Law 97-51 (2 U.S.C. 61g-6). Any transfer of funds under authority of the preceding sentence shall be made at such time or times as such chairman shall specify in writing to the Senate Disbursing Office. Any funds so transferred by the Chairman of the Majority or Minority Conference Committee shall be available for expenditure by such committee in like manner and for the same purposes as are other moneys which are available for expenditure by such committee from the account, within the contingent fund of the Senate, from which expenses are payable under section 120 of Public Law 97-51 (2 U.S.C. 61g-6). SEC. 2. Funds appropriated to the Conference of the Majority and 2 USC 6lg-8. funds appropriated to the Conference of the Minority for any fiscal year (commencing with the fiscal year ending September 30, 1991), may be utilized in such amounts as the Chairman of each Conference deems appropriate for the specialized training of professional staff, subject to such limitations, insofar as they are applicable, as are imposed by the Committee on Rules and Administration with respect to such training when provided to professional staff of standing committees of the Senate. SEC. 3. The second sentence of section 1304 of Public Law 94-440 (90 Stat. 1461) is repealed, effective on the first day of the first month which begins after the month in which this Act is enacted. SEC. 4. (a) As used in this section, the term 2 USC 58a-4. (1) "Sergeant at Arms" means the Sergeant at Arms and Doorkeeper of the United States Senate; and (2) "user" means any Senator, Officer of the Senate, Committee, office, or entity provided copiers by the Sergeant at Arms. Ot))(l) Subject to such regulations as may hereafter be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to metered charges on copying equipment provided by the Sergeant at Arms, solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise. (2) All moneys, derived from the payment of metered charges on copying equipment provided from funds from the Appropriation Account within the contingent fund of the Senate for "Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate" under the line item for the Service Department, shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item.
104 STAT. 2258
Effective date. 2 u s e 58 note. 2 u s e 68-6a.
Effective date.
(c) Paragraph (2) of section 506(a) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(a)) is amended to read as follows: "(2)(A) stationery and other office supplies procured for use for official business, and "(B) metered charges for use of copying equipment provided by the Sergeant at Arms and Doorkeeper of the Senate;". (d) The provisions of subsections (a) and (b), and the amendment made by subsection (c) shall take effect on October 1,1990. SEC. 5. The Sergeant at Arms and Doorkeeper of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year, from the appropriations account, appropriated under the headings "Salaries, Officers and Employees" and "Office of the Sergeant at Arms and Doorkeeper", such sums as he shall specify to the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred. SEC. 6. Effective in the case of fiscal years which begin after September 30, 1990, section 117 of the Second Supplemental Appropriations Act, 1976 (2 U.S.C. 61f-la) is amended to read as follows: "For the purpose of carrying out his duties, the Sergeant at Arms and Doorkeeper of the Senate is authorized to incur official travel expenses during each fiscal year not to exceed the sums made available for such purpose under appropriations Acts. With the approval of the Sergeant at Arms and Doorkeeper of the Senate and in accordance with such regulations as may be promulgated by the Senate Committee on Rules and Administration, the Secretary of the Senate is authorized to advance to the Sergeant at Arms or to any designated employee under the jurisdiction of the Sergeant at Arms and Doorkeeper, such sums as may be necessary to defray official travel expenses incurred in carrying out the duties of the Sergeant at Arms and Doorkeeper. The receipt of any such sum so advanced to the Sergeant at Arms and Doorkeeper or to any designated employee shall be taken and passed by the accounting officers of the Government as a full and sufficient voucher; but it shall be the duty of the traveler, as soon as practicable, to furnish to the Secretary of the Senate a detailed voucher of the expenses incurred for the travel with respect to which the sum was so advanced, and make settlement with respect to such sum. Payments under this section shall be made from funds included in the appropriations account, within the contingent fund of the Senate, for the Sergeant at Arms and Doorkeeper of the Senate, upon vouchers approved by the Sergeant at Arms and Doorkeeper. SEC. 7. (a) The second sentence of section 105(g) of the Legislative Branch Appropriations Act, 1957 (2 U.S.C. 123b(g)) is amended to read as follows: "There is also established in the Treasury of the United States a revolving fund, within the contingent fund of the Senate, which shall be known as the 'Senate Photographic Studio Revolving Fund', for the purpose of administering the duties of the Senate Photographic Studio; and there is established in the Treasury of the United States, a revolving fund, within the contingent fund of the Senate, which shall be known as the 'Senate Recording Studio Revolving Fund', for the purpose of administering the duties of the Senate Recording Studio.".
104 STAT. 2259
(b) The amendment made by subsection (a) shall take effect on Effective April 1, 1991, and, of the monies in the revolving fund within the ^^^- ., contingent fund of the Senate for the Recording and Photographic ^^^ Studios, as such fund was in existence immediately prior to the amendment made by subsection (a), $100,000 shall be deposited in the Senate Photographic Studio Revolving Fund (as established by the amendment made by subsection (a)) and the remainder shall be deposited into the Senate Recording Studio Revolving Fund (as so established). (c) Effective April 1, 1991, the second sentence of section 105(h) of Effective the Legislative Brancli Appropriations Act (2 U.S.C. 123b(h)) is date. amended to read as follows: "AH moneys received by the Senate Recording Studio shall be deposited in the Senate Recording Studio Revolving Fund established by subsection (g) and all funds received by the Senate Photographic Studio shall be deposited in the Senate Photographic Studio Revolving Fund established by such subsection; moneys in the Senate Recording Studio Revolving Fund shall be available for disbursement therefrom upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate for the care, maintenance, operation, and other expenses of the Senate Recording Studio, and moneys in the Senate Photographic Studio Revolving Fund shall be available for disbursement therefrom upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate for the care, maintenance, operation, and other expenses of the Senate Photographic Studio.". (d) Effective April 1, 1991, subsection (a) of section 108 of the Effective Supplemental Appropriations and Rescission Act, 1980 (Public Law date. 96-304, section 108(a); 2 U.S.C. 123b-l(a)) is amended to read as follows: "(a) The entity, in the Senate, known (prior to this amendment) as Establishment, the 'Senate Recording and Photographic Studios' is abolished, and there is established in its stead the following two entities: the 'Senate Recording Studio', and the 'Senate Photographic Studio'; and there are transferred, from the entity known (prior to this amendment) as the 'Senate Recording and Photographic Studios' to the Senate Recording Studio all personnel, equipment, supplies, and funds which are available for, relate to, or are utilized in connection with, recording, and to the Senate Photographic Studio all personnel, equipment, supplies, and funds which are available for, relate to, or are utilized in connection with, photography.". SEC. 8. Effective in the case of any fiscal year which begins on or Effective after October 1, 1990, clause (iii) of paragraph (3)(A) of section 506(b) date. of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(b)) is amended to read as follows: "(iii) subject to subparagraph (B), in case the Senator represents Alabama, $68,000, Alaska, $176,000, Arizona, $81,000, Arkansas, $70,000, California, $122,000, Colorado, $76,000, Connecticut, $57,000, Delaware, $47,000, Florida, $72,000, Georgia, $68,000, Hawaii, $200,000, Idaho, $80,000, Illinois, $91,000, Indiana, $68,000, Iowa, $71,000, Kansas, $71,000, Kentucky, $67,000, Louisiana, $72,000, Maine, $62,000, Maryland, $52,000, Massachusetts, $66,000, Michigan, $76,000, Minnesota, $72,000, Mississippi, $70,000, Missouri, $73,000, Montana, $80,000, Nebraska, $72,000, Nevada, $82,000, New Hampshire, $58,000, New Jersey, $62,000, New Mexico, $77,000, New York, $98,000, North Carolina, $64,000, North Dakota, $71,000, Ohio, $82,000, Oklahoma, $75,000, Oregon, $85,000, Pennsylvania, $81,000, Rhode
104 STAT. 2260
Effective date. 2 u s e 58 note.
Postal service. 2 u s e 58c-l.
Island, $56,000, South Carolina, $62,000, South Dakota, $72,000, Tennessee, $68,000, Texas, $102,000, Utah, $80,000, Vermont, $57,000, Virginia, $58,000, Washington, $88,000, West Virginia, $57,000, Wisconsin, $71,000, Wyoming, $75,000, plus". SEC. 9. (a) The first sentence of section 506(h) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(h)), is amended by inserting after "one or more service academies" the following: "or one or more positions of United States Attorney or United States Marshal". (b) The amendment made by subsection (a) shall be effective in the case of expenses incurred after September 30,1989. SEC. 10. Section 2(c) of S. Res. 66, agreed to February 28, 1989, is amended by inserting ", or (4) for payments to the Postmaster, United States Senate" after "Keeper of Stationery, United States Senate". SEC. 11. Section 506(a)(3) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(aX3)) is amended by striking subparagraph (A). SEC. 12. Each Member of the Senate may, subject to the approval of the Committee on Appropriations of the Senate and the Committee on Rules and Administration of the Senate, during the fiscal year ending September 30, 1991, and each fiscal year thereafter, at his or her election, transfer a sum not to exceed the lesser of $100,000 or 50 percent of the amount allocated to such Member for mass mail by the Senate Committee on Rules and Administration from the Senate Official Mail Costs account, within the contingent fund of the Senate, to the Senator's Official Personnel and Office Expense Account, within the contingent fund of the Senate. Any transfer of funds under authority of the preceding sentence shall be made at such time or times as such Member shall specify in writing to the Financial Clerk of the Senate. Any funds so transferred by the Member shall be available for the expenditure by such Member in a like manner and for the same purposes as are other moneys which are available for expenditure by such Member from the Senators' Official Personnel and Office Expense Account. HOUSE OF REPRESENTATIVES
MILEAGE OF MEMBERS
For mileage of Members, as authorized by law, $210,000.

For salaries and expenses of the House of Representatives, $647,340,000, to remain available until expended, as follows:
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $5,220,000, including: Office of the Speaker, $1,132,000, including $25,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $1,071,000, including $10,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $1,316,000, including $10,000 for official expenses of the Minority Leader; Office of the Majority Whip, $973,000, including $5,000 for official expenses of the Majority Whip and not to exceed $293,330, for the Chief Deputy Majority Whip; Office of the Minority Whip, $728,000, including
104 STAT. 2261
$5,000 for official expenses of the Minority Whip and not to exceed $88,220, for the Chief Deputy Minority Whip.
MEMBERS' CLERK HIRE
For staff employed by each Member in the discharge of his official and representative duties, $198,533,000.
COMMITTEE EMPLOYEES
For professional and clerical employees of standing committees, including the Committee on Appropriations and the Committee on the Budget, $66,832,000.
COMMITTEE ON THE BUDGET (STUDIES)
For salaries, expenses, and studies by the Committee on the Budget, and temporary personal services for such committee to be expended in accordance with sections 101(c), 606, 703, and 901(e) of the Congressional Budget Act of 1974, and to be available for reimbursement to agencies for services performed, $379,000.
CONTINGENT EXPENSES OF THE HOUSE STANDING COMMITTEES, SPECIAL A N D SELECT
For salaries and expenses of standing committees, special and select, authorized by the House, $61,100,000.
ALLOWANCES A N D EXPENSES
For allowances and expenses as authorized by House resolution or law, $208,544,000, including: Official Expenses of Members, $75,272,000; supplies, materials, administrative costs and Federal tort claims, $19,950,000; net expenses of purchase, lease and maintenance of office equipment, $10,770,000; furniture and furnishings, $1,910,000; stenographic reporting of committee hearings, $950,000; reemployed annuitants reimbursements, $1,000,000; Government contributions to employees' life insurance fund, retirement funds. Social Security fund. Medicare fund, health benefits fund, and worker's and unemployment compensation, $98,570,000; and miscellaneous items including, but not limited to, purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $622,000. Such amounts as are deemed necessary for the payment of allowances and expenses under this heading may be transferred among the various categories of allowances and expenses under this heading, upon the approval of the Committee on Appropriations of the House of Representatives.
COMMITTEE ON APPROPRIATIONS (STUDIES A N D INVESTIGATIONS)
For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act, 1946, and to be available for reimbursement to agencies for services performed, $6,120,000.
104 STAT. 2262

OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the House of Representatives, as authorized by law, $58,984,000.
SALARIES, OFFICERS A N D EMPLOYEES
For compensation and expenses of officers and employees, as authorized by law, $44,628,000, including: Office of the Clerk, including not to exceed $1,000 for official representation and reception expenses, $19,300,000; Office of the Sergeant at Arms, including not to exceed $500 for official representation and reception expenses, $1,200,000; Office of the Doorkeeper, including overtime, as authorized by law, $9,200,000; Office of the Postmaster, $3,275,000, including $118,130 for employment of substitute messengers and extra services of regular employees when required at the salary rate of not to exceed $18,443 per annum each; Office of the Chaplain, $105,000; Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of Rules, $890,000; for salaries and expenses of the Office of the Historian, $300,000; for salaries and expenses of the Office of the Law Revision Counsel of the House, $1,302,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $4,161,000; six minority employees, $677,000; the House Democratic Steering Committee and Caucus, $1,305,000; the House Republican Conference, $1,305,000; and other authorized employees, $1,608,000. Such amounts as are deemed necessary for the payment of salaries of officers and employees under this heading may be transferred among the various offices and activities under this heading, upon the approval of the Committee on Appropriations of the House of Representatives.
S E C 101. Of the amounts appropriated for fiscal year 1991 for salaries and expenses of the House of Representatives, such amounts as may be neci^ssary may be transferred among the headings "HOUSE LEADERSHIP OFFICES", "MEMBERS' CLERK HIRE", "COMMITTEE EMPLOYEES", "CONTINGENT EXPENSES OF THE HOUSE (STANDING COMMITTEES, SPECIAL AND SELECT)", "CONTINGENT EXPENSES OF THE HOUSE (ALLOWANCES AND EXPENSES)", "OFFICIAL MAIL COSTS", AND "SALARIES, OFFICERS AND EMPLOYEES", upon approval of the Commit-
40 use 206 note. 2 use 57 note. 40 use 206 note.
tee on Appropriations of the House of Representatives. SEC. 102. The Clerk of the House, under the direction of the Committee on House Administration, is authorized to receive and expend funds for the conduct of a biennial equipment exposition for Members. SEC. 103. The provisions of H. Res. 294, approved November 17, 1989, establishing five additional positions on the Capitol Police for duty with respect to the House of Representatives, shall be the permanent law with respect thereto. SEC. 104. Effective as of the beginning of the 102d Congress, the authorization for the Clerk Hire Allowance, as established by the Committee on House Administration, is increased by $50,000. SEC. 105. The provisions of H. Res. 420, approved June 26, 1990, establishing the position of Director of Employment Practices under the Capitol Police Board with respect to members of the Capitol Police, shall be the permanent law with respect thereto.
PUBLIC LAW 101-520NOV. 5, 1990 JOINT ITEMS For joint committees, as follows:
CONTINGENT EXPENSES OF THE SENATE JOINT ECONOMIC COMMITTEE
104 STAT. 2263
For salaries and expenses of the Joint Economic Committee, $3,675,000.

JOINT COMMITTEE ON PRINTING
For salaries and expenses of the Joint Committee on Printing, $1,269,000.

CONTINGENT EXPENSES OF THE HOUSE JOINT COMMITTEE ON TAXATION
For salaries and expenses of the Joint Committee on Taxation, $5,203,000, to be disbursed by the Clerk of the House. For other joint items, as follows:
OFFICE OF THE ATTENDING PHYSICIAN
For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including (1) an allowance of $1,500 per month to the Attending Physician; (2) an allowance of $1,000 per month to one Senior Medical Officer while on duty in the Attending Physician's office; (3) an allowance of $500 per month each to two medical officers while on duty in the Attending Physician's office; (4) an allowance of $500 per month each to two assistants and $400 per month each to not to exceed nine assistants on the basis heretofore provided for such assistance; and (5) $952,000 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, such amount shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $1,436,000, to be disbursed by the Clerk of the House.
CAPITOL POLICE BOARD CAPITOL POUCE SALARIES
For the Capitol Police Board for salaries, including overtime, and Government contributions to employees' benefits funds, as authorized by law, of officers, members, and employees of the Capitol Police, $58,348,000, of which $28,914,000 is appropriated to the Sergeant at Arms of the House of Representatives, to be disbursed by the Clerk of the House, and $29,434,000 is appropriated to the Sergeant at Arms and Doorkeeper of the Senate, to be disbursed by the Secretary of the Senate.
104 STAT. 2264

GENERAL EXPENSES
Federal buildings and facilities. Law enforcement.
District of Columbia.
For the Capitol Police Board for necessary expenses of the Capitol Police, including purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including advance payment for travel for training, protective details, and tuition and registration, and expenses associated with the awards program not to exceed $900, expenses associated with the relocation of instructor personnel to and from the Federal Law Enforcement Training Center as approved by the Chairman of the Capitol Police Board, and including $85 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board, $1,951,000, to be disbursed by the Clerk of the House: Provided, That the funds used to maintain the petty cash fund referred to as "Petty Cash 11" which is to provide for the prevention and detection of crime shall not exceed $4,000: Provided further, That the funds used to maintain the petty cash fund referred to as "Petty Cash III" which is to provide for the advance of travel expenses attendant to protective assignments shall not exceed $4,000: Provided further. That, notwithstanding any other provision of law, the cost involved in providing basic training for members of the Capitol Police at the Federal Law Enforcement Training Center for fiscal year 1991 shall be paid by the Secretary of the Treasury from funds available to the Treasury Department: Provided further. That no funds made available to the Capitol Police under this heading may be used to purchase any nondomestic motorcycle. SEC. 106. (a) The Act of July 31, 1946, as amended (40 U.S.C. Sec. 212a), is amended to read as follows: "SEC. 9. The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a-2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That for the fiscal year for which appropriations are made by this Act the Capitol Police shall have the additional authority to make arrests within the District of Columbia for crimes of violence, as defined in section 16 of title 18, committed within the Capitol Buildings and Grounds and shall have the additional authority to make arrests, without a warrant, for crimes of violence, as defined in section 16 of title 18, committed in the presence of any member of the Capitol Police performing official duties: Provided further. That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violation of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word "grounds" shall
104 STAT. 2265
include the House Office Buildings parking areas and that part or parts of property which have been or hereafter are acquired in the District of Columbia by the Architect of the Capitol, or by an officer of the Senate or the House, by lease, purchase, intergovernment transfer, or otherwise, for the use of the Senate, the House, or the Architect of the Capitol.".
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs, $33,220,000, to be disbursed by the Clerk of the House, to be available immediately upon enactment of this Act.
CAPITOL GUIDE SERVICE
For salaries and expenses of the Capitol Guide Service, $1,490,000, to be disbursed by the Secretary of the Senate: Provided, That none of these funds shall be used to employ more than thirty-three individuals: Provided further, That the Capitol Guide Board is authorized, during emergencies, to employ not more than two additional individuals for not more than one hundred twenty days each, and not more than ten additional individuals for not more than six months each, for the Capitol Guide Service.
SPECIAL SERVICES OFFICE
For salaries and expenses of the Special Services Office, $255,000, to be disbursed by the Secretary of the Senate.
STATEMENTS OF APPROPRIATIONS
For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the second session of the One Hundred First Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $20,000, to be paid to the persons designated by the chairmen of such committees to supervise the work. OFFICE OF TECHNOLOGY ASSESSMENT
For salaries and expenses necessary to carry out the provisions of the Technology Assessment Act of 1972 (Public Law 92-484), including official representation and reception expenses (not to exceed $3,500 from the Trust Fund), to be expended on the certification of the Director of the Office of Technology Assessment, expenses incurred in administering an employee incentive awards program (not to exceed $1,800), rental of space in the District of Columbia, and those necessary to carry out the duties of the Director of the Office of Technology Assessment under 42 U.S.C. 1395ww, and 42 U.S.C. 1395W-1, $19,557,000: Provided, That none of the funds in this Act shall be available for salaries or expenses of any employee of the Office of Technology Assessment in excess of 143 staff employees: Provided further. That no part of this appropriation shall be available for assessments or activities not initiated and approved in
104 STAT. 2266
accordance with section 3(d) of Public Law 92-484, except that funds shall be available for the assessment required by Public Law 96-151: Provided further, That none of the funds in this Act shall be available for salaries or expenses of employees of the Office of Technology Assessment in connection with any reimbursable study for which funds are provided from sources other than appropriations made under this Act, or be available for any other administrative expenses incurred by the Office of Technology Assessment in carrying out such a study. CONGRESSIONAL BUDGET OFFICE
Government property. Government procurement.
2 use 605.
For salaries and expenses necessary to carry out the provisions of the Congressional Budget Act of 1974 (Public Law 93-344), including not to exceed $2,300 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $21,183,000: Provided, That none of these funds shall be available for the purchase or hire of a passenger motor vehicle: Provided further. That none of the funds in this Act shall be available for salaries or expenses of any employee of the Congressional Budget Office in excess of 226 staff employees: Provided further, That any sale or lease of property, supplies, or services to the Congressional Budget Office shall be deemed to be a sale or lease of such property, supplies, or services to the Congress subject to section 903 of Public Law 98-63. ARCHITECT OF THE CAPITOL
OFFICE OF THE ARCHITECT OF THE CAPITOL SALARIES
For the Architect of the Capitol; the Assistant Architect of the Capitol; and other personal services; at rates of pay provided by law, $7,308,000.
TRAVEL
40 use 166a.
Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $50,000.
CONTINGENT EXPENSES
To enable the Architect of the Capitol to make surveys and studies, and to meet unforeseen expenses in connection with activities under his care, $100,000, which shall remain available until expended.
CAPITOL BUILDINGS AND GROUNDS
CAPITOL B U I L D I N G S
For all necessary expenses for the maintenance, care and operation of the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including furnishings and office equipment; not to exceed $1,000 for official reception and representation expenses, to
104 STAT. 2267
be expended as the Architect of the Capitol may approve; purchase or exchange, maintenance and operation of a passenger motor vehicle; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $26,680,000, of which $8,244,000 shall remain available until expended: Provided, That of the funds to remain available until expended, $5,020,000 shall be available for obligation without regard to section 3709 of the Revised Statutes, as amended.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $4,659,000, of which $400,000 shall remain available until expended.
SENATE OFFICE BUILDINGS
For all necessary expenses for maintenance, care and operation of Senate Office Buildings; and furniture and furnishings, to be expended under the control and supervision of the Architect of the Capitol, $38,432,000, of which $10,196,000 shall remain available until expended: Provided, That none of the funds made available herein for improvements to the Senate subway system shall be obligated or expended until September 30, 1991 and pursuant to section 202 of Public Law 100-119, this action is a necessary Oût secondary) result of a significant policy change.
ADMINISTRATIVE PROVISION
SEC. 107. (a) Notwithstanding any other provision of law, the 2 USC I74b-l Architect of the Capitol, subject to the approval of the Committee on ^^^Rules and Administration, is authorized to lease, for use by the United States Senate, and for such other purposes as such committee may approve, 150,000 square feet of space, more or less, in the property located at 2 Massachusetts Avenue, N.E., Washington, District of Columbia, known as the City Post Office Building: Provided, That rental payments shall be paid from the account 'Architect of the Capitol, Senate Office Buildings' upon vouchers approved by the Architect of the Capitol: Provided further, That nothing in this section shall be construed so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease. Ot)) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the "Senate Office Buildings" subject to the laws, rules, and regulations governing such buildings, , and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy. (c) There is hereby authorized to be appropriated to the "Architect of the Capitol, Senate Office Buildings" such sums as may be necessary to carry out the provisions of subsections (a) and (b). (d) There is authorized to be appropriated to the Sergeant at Arms of the United States Senate such sums as may be necessary to provide for the planning and relocation of offices and equipment to
104 STAT. 2268
the property described in subsection (a), subject to direction by the Committee on Rules and Administration. (e) The authority under this section shall continue until otherwise provided by law.
HOUSE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of the House office buildings, including the position of Superintendent of Garages as authorized by law, $30,800,000, of which $3,105,000 shall remain available until expended.
CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; for lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings. Library of Congress buildings, and the grounds about the same. Botanic Garden, Senate garage, and for air conditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office and Washington City Post Office and heating and chilled water for air conditioning for the Supreme Court Building, Union Station complex and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $31,827,000, of which $3,000,000 shall remain available until expended: Provided, That of the funds to remain available until expended, $3,000,000 shall be available for obligation without regard to section 3709 of the Revised Statutes, as amended: Provided further. That not to exceed $2,400,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 1991.
Wages. SEC. 108. (a) Effective as of the first day of the first applicable pay Government period beginning on or after the date of enactment of this Act, the EffectwT^ compensation of the Director of Engineering (under the Architect of date. the Capitol) shall be equal to the rate of basic pay payable for level 40 use 166b-3b. V of the Executive Schedule. (b)(1) Effective beginning with any pay period beginning on or after the date of enactment of this Act, the Architect of the Capitol may fix the rate of basic pay (A) for not more than one of the positions under paragraph (2) at a rate not to exceed the rate payable for grade GS-18 of the General Schedule; and (B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed the rate payable for step 2 of grade GS-17 of the General Schedule. (2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol: (A) The Senior Landscape Architect. (B) The Administrative Assistant. (C) The Executive Officer.
104 STAT. 2269
(D) The Budget Officer. (E) The General Counsel. (F) The Superintendent of the Senate Office Buildings. (G) The Superintendent of the House Office Buildings. (H) The Supervising Engineer of the United States Capitol. SEC. 109. The Supplemental Appropriations Act, 1975 (Public Law 93-554, title I, chapter III, section 101, December 27, 1974, 88 Stat. 1777) is amended 40 USC l66b-2. (1) by striking out "grade 10" and inserting in lieu thereof "grade 11"; and (2) by striking out "and compensated initially at the same steps in such grade, currently in effect for their present grades, so long as such positions are held by the present incumbents". I LIBRARY OF CONGRESS
CONGRESSIONAL RESEARCH SERVICE SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended by section 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166) and to revise and extend the Annotated Constitution of the United States of America, $52,743,000: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration: Provided further, That 2 USC 166 notwithstanding any other provisions of law, the compensation of note, the Director of the Congressional Research Service, Library of Congress, shall be at an annual rate which is equal to the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. GOVERNMENT PRINTING OFFICE
CONGRESSIONAL PRINTING AND BINDING
For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); printing and binding of Government publications authorized by law to be distributed to Members of Congress; and for printing, binding, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $79,615,000: Provided, That funds remaining from the unexpended balances from obligations made under prior year appropriations for this account shall be available for the purposes of the printing and binding account for the same fiscal year: Provided further. That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture) nor for copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates
104 STAT. 2270
PUBLIC L A W 101-520NOV. 5, 1990
,;
authorized under 44 U.S.C. 906: Provided further, That to the extent that funds remain from the unexpended balance of fiscal year 1984 funds obligated for the printing and binding costs of publications produced for the Bicentennial of the Congress, such remaining funds shall be available for the current year printing and binding cost of publications produced for the Bicentennial: Provided further. That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. This title may be cited as the "Congressional Operations Appropriations Act, 1991", TITLE IIOTHER AGENCIES BOTANIC GARDEN
40USC2l6d.
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $3,519,000, of which $244,000 shall remain available until expended: Provided, That, hereafter, all appropriations made on account of the Botanic Garden shall be disbursed for that purpose in the same manner as other appropriations under the control of the Architect of the Capitol. LIBRARY OF CONGRESS
For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody and custodial care of the Library Buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog cards and other publications of the Library; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $183,000,000, of which not more than $7,025,000 shall be derived from collections credited to this appropriation during fiscal year 1991 under the Act of June 28,1902, as amended (2 U.S.C. 150): Provided, That the total amount available for obligation shall be reduced by the amount by which collections are less than the $7,025,000: Provided further. That of the total amount appropriated, $6,998,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other materials including subscriptions for bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections.

COPYRIGHT OFFICE SALARIES AND EXPENSES
104 STAT. 2271
For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $23,118,000, of which not more than $11,000,000 shall be derived from collections credited to this appropriation during fiscal year 1991 under 17 U.S.C. 708(c), and not more than $1,860,000 shall be derived from collections during fiscal year 1991 under 17 U.S.C. 111(d)(3), 116(c)(1), and 119(b)(2): Provided, That the total amount available for obligation shall be reduced by the amount by which collections are less than the $12,860,000: Provided further, That $100,000 of the amount appropriated is available for the maintenance of an "International Copyright Institute" in the Copyright Office of the Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED SALARIES AND EXPENSES
For salaries and expenses to carry out the provisions of the Act approved March 3, 1931, as amended (2 U.S.C. 135a), $41,136,000.
F U R N I T U R E AND F U R N I S H I N G S
For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $5,000,000: Provided, That of the total amount appropriated, $1,422,000 is to remain available until expended only for the purchase and supply of furniture, shelving, furnishings, and related costs necessary for the renovation and restoration of the Thomas Jefferson and John Adams Library Buildings.
SEC. 201. Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $162,290, of which $51,700 is for the Congressional Research Service, when specifically authorized by the Librarian, for expenses of attendance at meetings concerned with the function or activity for which the appropriation is made. SEC. 202. (a) No part of the funds appropriated in this Act shall be Government used by the Library of Congress to administer any flexible or employees, compressed work schedule which (1) applies to any manager or supervisor in a position the grade or level of which is equal to or higher than GS-15; and (2) grants the manager or supervisor the right to not be at work for all or a portion of a workday because of time worked by the manager or supervisor on another workday. (b) For purposes of this section, the term "manager or supervisor" means any management official or supervisor, as such terms are defined in section 7103(a) (10) and (11) of title 5, United States Code. SEC. 203. Appropriated funds received by the Library of Congress from other Federal agencies to cover general and administrative overhead costs generated by performing reimbursable work for other agencies under the authority of 31 U.S.C 1535 and 1536 shall not be used to employ more than 65 employees.
104 STAT. 2272
SEC. 204. Not to exceed $5,000 of any funds appropriated to the Library of Congress may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for the Library of Congress incentive awards program. ARCHITECT OF THE CAPITOL
LIBRARY BUILDINGS AND GROUNDS STRUCTURAL AND MECHANICAL CARE
2 u s e 141 note.
Real property acquisition.
Effective date.
Effective date. Real property acquisition.
For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $15,268,000, of which $6,500,000 shall remain available until expended. SEC. 205. (a) The Architect of the Capitol may acquire on behalf of the United States Government by purchase, condemnation, transfer, or otherwise (1) all publicly or privately owned real property in lot 51 in square 869 in the District of Columbia, as that lot appears on the records in the office of the Surveyor of the District of Columbia on August 1, 1990, extending to the outer fece of the curbs of the square in which it is located and including all alleys or parts of alleys and streets within the lot lines and curb lines surrounding such real property, and (2) improvements to such real property. (b) The first section of the Act of June 29, 1922 (42 Stat. 715; 2 U.S.C. 141), is amended by striking "the Library Building and on the grounds," and inserting "the Library of Congress buildings and grounds, (as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. 167(j))),". (c) The property and improvements acquired under subsection (a) shall be repaired and altered, to the maximum extent feasible as determined by the Architect of the Capitol, in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes (including electrical codes, fire and life safety codes, plumbing codes, as determined appropriate by the Architect), using the latest edition of the nationally recognized codes referred to in this paragraph. (d) Section 11 of the Act entitled "An Act relating to the policing of the buildings of the Library of Congress", approved August 4, 1950 (64 Stat. 412; 2 U.S.C. 167j), is amended by adding at the end the following new subsection: "(c) For the purpose of this Act, the term 'Library of Congress buildings and grounds' shall include (1) all real property in lot 51 in square 869 in the District of Columbia, as that lot appears on the records in the office of the Surveyor of the District of Columbia on August 1,1990, extending to the outer face of the curbs of the square in which it is located and including all alleys or parts of alleys and streets within the lot lines and curb lines surrounding such real property, and (2) improvements to such real property.". (e) Subsections (b) and (c) and the amendment made by subsection (d) shall take effect on the date the Architect of the Capitol acquires the property and improvements described in subsection (a). if) There is authorized to be appropriated to the Architect of the Capitol $5,000,000 for carrying out the purposes of this section, to remain available until expended. (g) Effective on the date on which the Architect of the Capitol acquires the property known as St. Cecilia's School (Lot 51 in square
104 STAT. 2273
869) in the District of Columbia, as provided by law, such property shall be available to the Librarian of Congress for use (1) as a day care center for children of employees of the Government Library of Congress and children of other employees of the Day care. ' n vnJ^ legislative branch of the Government; (2) for staff training and development for employees of the Library of Congress; and (3) for other purposes relating to the operations of the Library of Congress. Any use of such property shall be subject to approval by the Joint Committee on the Library, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate. COPYRIGHT ROYALTY TRIBUNAL
For necessary expenses of the Copyright Royalty Tribunal, $845,000, of which $718,000 shall be derived by collections from the appropriation "Payments to Copyright Owners" for the reasonable costs incurred in proceedings involving distribution of royalty fees as provided by 17 U.S.C. 807. GOVERNMENT PRINTING OFFICE
OFFICE OF SUPERINTENDENT OF DOCUMENTS SALARIES AND EXPENSES
For expenses of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public. Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $26,500,000: Provided, That travel expenses, including travel expenses of the Depository Library Council to the Public Printer, shall not exceed $117,000.
GOVERNMENT PRINTING OFFICE REVOLVING FUND
The Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the "Government Printing Office revolving fund": Provided, That not to exceed $5,000 may be expended on the certification of the Public Printer in connection with official representation and reception expenses: Provided further, That during the current fiscal year the revolving fund shall be available for the hire of twelve-passenger motor vehicles: Provided further, That expenditures in connection with travel expenses of the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further. That the revolving fund shall be available for services as
104 STAT. 2274

Real property acquisition. District of Columbia.
authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS-18: Provided further. That the revolving fund shall be available to acquire needed land, located in Northwest D.C., which is adjacent to the present Government Printing Office, and is bounded by Massachusetts Avenue and the southern property line of the Government Printing Office, between North Capitol Street and First Street. The land to be purchased is identified as Parcels 45-D, 45-E, 45-F, and 47-A in Square 625, and includes the alleys adjacent to these parcels, and G Street, N.W. from North Capitol Street to First Street: Provided further. That the revolving fund and the funds provided under the paragraph entitled "Office of Superintendent of Documents, Salaries and Expenses" together may not be available for the full-time equivalent employment of more than 5,000 workyears: Provided further. That the revolving fund shall be available for expenses not to exceed $500,000 for the development of plans and design of a multi-purpose facility: Provided further, That the revolving fund shall not be used to administer any flexible or compressed work schedule which applies to any manager or supervisor in a position the grade or level of which is equal to or higher than GS-15, nor to any employee involved in the in-house production of printing and binding: Provided further. That expenses for attendance at meetings shall not exceed $95,000.
44 u s e 501 note.
Wages. Government employees.
SEC. 206. HEREAFTER.(a) None of the funds appropriated for fiscal year 1991 by this Act or any other law may be obligated or expended by any entity of the executive branch for the procurement from commercial sources of any printing related to the production of Government publications (including forms), unless such procurement is by or through the Government Printing Office. Qo) Subsection (a) does not apply to (1) individual printing orders costing not more than $1,000, if the work is not of a continuing or repetitive nature, (2) printing for the Central Intelligence Agency, the Defense Intelligence Agency, or the National Security Agency, or (3) printing from commercial sources that is specifically authorized by law or is of a kind that has not been routinely procured by or through the Government Printing Office. (c) As used in this section, the term "printing" means the process of composition, platemaking, presswork, binding, and microform, and the end items of such processes. SEC. 207. Section 309(a) of title 44, United States Code, is amended by striking out "uniforms, or allowances therefor, as authorized by section 5901 of Title 5" and inserting in lieu thereof the following: "uniforms or uniform allowances". SEC. 208. Section 1703 of title 44, United States Code, is amended by striking out ", the cost to be charged against the appropriation for printing and binding for Congress" from the first sentence. Section 1707 of such title is amended by striking out "The appropriation for printing and binding" from the last sentence, and inserting in lieu thereof the following: "The Revolving Fund". SEC. 209. Section 303 of title 44, United States Code, is amended to read as follows: "The annual rate of pay for the Public Printer shall be a rate which is equal to the rate for level III of the Executive Schedule of subchapter II of chapter 53 of Title 5. The annual rate of
104 STAT. 2275
pay for the Deputy Public Printer shall be a rate which is equal to the rate for level IV of such Executive Schedule.". GENERAL ACCOUNTING OFFICE
For necessary expenses of the General Accounting Office, including not to exceed $7,000 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS-18; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with 31 U.S.C. 3324; benefits comparable to those payable under sections 901(5), 901(6) and 901(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 4081(6) and 4081(8), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Developmentor his designeeunder the authority of section 636(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(b)); $413,215,000: Provided, That notwithstanding the provisions of sec- 31 USC 782 tion 782 of title 31, United States Code, hereinafter any payments of note. reimbursements received incident to the operation of the General Accounting Office Building shall be credited to the appropriation currently available to the General Accounting Office and remain available until expended, and not more than $5,915,000 of such funds shall be available for use in fiscal year 1991: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program (JFMIP) shall be available to finance an appropriate share of JFMIP costs as determined by the JFMIP, including but not limited to the salary of the Executive Director and secretarial support: Provided further. That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of Forum costs as determined by the Forum, including necessary travel expenses of non-Federal participants. Payments hereunder to either the Forum or the JFMIP may be credited as reimbursements to any appropriation from which costs involved are initially financed: Provided further, That to the extent that funds Asbestos. are otherwise available for obligation, agreements or contracts for the removal of Eisbestos, and renovation of the building and building systems (including the heating, ventilation and air conditioning system, electrical system and other major building systems) of the General Accounting Office Building may be made for periods not exceeding five years: Provided further. That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the American Consortium on International Public Administration (ACIPA) shall be available to finance an appropriate share of ACIPA cost as determined by the
104 STAT. 2276
ACIPA, including any expenses attributable to membership of ACIPA in the International Institute of Administrative Sciences: Provided further, That $400,000 of this appropriation shall be available for the expenses of planning the triennial Congress of the International Organization of Supreme Audit Institutions (INTOSAI) to be hosted by the United States General Accounting Office in Washington, D.C, in 1992, to the extent that such expenses cannot be met from the trust authorized below: Provided further. That the General Accounting Office is authorized to solicit and accept contributions (including contributions from INTOSAI), to be held in trust, which shall be available without fiscal year limitation for the planning, administration, and such other expenses as the Comptroller General deems necessary to act as the sponsor of the aforementioned triennial Congress of INTOSAI. Monies in the trust, not to exceed $10,000 shall be available upon the request of the Comptroller General to be expended for the purposes of the trust. TITLE IIIGENERAL PROVISIONS SEC. 301. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration. SEC. 302. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 303. Whenever any office or position not specifically estabWages. lished by the Legislative Pay Act of 1929 is appropriated for herein or whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto. Government SEC. 304, The expenditure of any appropriation under this Act for procurement. any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. TeleSEC. 305. (a) The Architect of the Capitol, in consultation with the communications. heads of the agencies of the legislative branch, shall develop an 40 u s e 166 overall plan for satisfying the telecommunications requirements of note. such agencies, using a common system architecture for maximum interconnection capability and engineering compatibility. The plan shall be subject to joint approval by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, and, upon approval, shall be communicated to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded tele-
104 STAT. 2277
communications system for an agency of the legislative branch, unless, as determined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved. (b) As used in this section (1) the term "agency of the legislative branch" means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and (2) the term "telecommunications system" means an electronic system for voice, data, or image communication, including any associated cable and switching equipment. SEC. 306. (a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is authorized to use telecommunications systems and services provided by the Architect of the Capitol or the House of Representatives or the Senate under the approved plan required by section 305 of Public Law 100-202 (101 Stat. 1329-308) if such systems and services (1) have been acquired competitively; and (2) in the case of long distance service, have been determined by the Architect of the Capitol to be at least equal in quality to, and not greater in cost than, the systems and services available under the procurement conducted by the Administrator of General Services known as "FTS2000". (b) As used in this section, the term "agency of the legislative branch" means the office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office. SEC. 307. Section 1 of the Act of June 29, 1922 (Chapter 251), is amended by striking the words "and the Botanic Garden" therefrom. SEC. 308. Section 311(d) of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 60a-2a) is amended (1) by striking "(d)" and inserting "(d)(1)"; (2) by inserting "or whenever any of the events described in paragraph (2) occurs," after "Secretary of the Senate,"; and (3) by striking "may," and all that follows through the period and inserting the following: "may adjust the rates of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Clerk of the House of Representatives to the extent necessary to ensure "(A) appropriate pay levels and relationships between and among positions held by personnel of the House of Representatives; and "(B) appropriate pay relationships between "(i) positions referred to in subparagraph (A); and "(ii)(I) positions under subparagraphs (A) through (D) of section 225(f) of the Federal Salary Act of 1967; "(II) positions held by personnel whose pay is disbursed by the Secretary of the Senate; and "(III) positions to which the General Schedule applies. "(2) The other events permitting an exercise of authority under this subsection are either "(A) an adjustment under section 5305 of title 5, United States Code, in rates of pay under the General Schedule; or
TeleÂ^jS^^lfil*^^""' note
2 USC 142.
104 STAT. 2278
Drug abuse.
2 u s e 30a.
Postal service. Regulations. 2 u s e 59e.
"(B) an adjustment in rates of pay for Members of the House of Representatives (other than an adjustment which occurs by virtue of an adjustment described in subparagraph (A)). "(3) For the purpose of this subsection, the term 'Member of the House of Representatives' means a Member of the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.". SEC. 309. No department, agency, or instrumentality of the United States receiving appropriated funds under this Act for fiscal year 1991 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality. SEC. 310. (a) Notwithstanding any other provision of Federal, State or local law, no elected official of the legislative branch of the United States Government shall be required to serve on a grand or petit jury, convened by any Federal, State or local court, whether such service is requested by judicial summons or by some other means of compulsion. (b) "Elected official of the legislative branch" shall mean each Member of the United States House of Representatives, the Delegates from the District of Columbia, Guam, the American Virgin Islands, and American Samoa, and the Resident Commissioner from Puerto Rico, and each United States Senator. SEC. 311. (a) Except as otherwise provided in this section, funds appropriated by this Act or any other Act for expenses of official mail of any person entitled to use the congressional frank may be expended only in accordance with regulations prescribed by the Committee on Rules and Administration of the Senate or the Committee on House Administration of the House of Representatives, as applicable. Such regulations shall require (1) individual accountability for use of official mail by each person entitled to use the congressional frank; (2)(A) with respect to the House of Representatives, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session or to any other such person); and (B) with respect to the Senate, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session, other than transfers from the first session of a Congress to the second session of that Congress, or to any other such person); and (3) with respect to the House of Representatives, that in addition to any other report or information made available to the public (through the House Commission on Congressional Mailing Standards or otherwise) regarding the use of the frank, the Clerk of the House of Representatives shall include in the quarterly report of receipts and expenditures submitted to the House of Representatives a statement (based solely on data provided for that purpose by the Committee on House Administration of the House of Representatives and the House Commission on Congressional Mailing Standards) of costs charged against the Official Mail Allowance for each person entitled to use the congressional frank.
104 STAT. 2279
(b) The Postmaster General, in consultation with the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives (1) shall monitor use of official mail by each person entitled to use the congressional frank; (2) at least monthly, shall notify any person with an allocation under subsection (a)(2) as to the percentage of the allocation that has been used; and (3) may not carry or deliver official mail the cost of which is in excess of an allocation under subsection (a)(2). (c) Expenses of official mail of the Senate and the House of Representatives may be paid only from funds specifically appropriated for that purpose and funds so appropriated (1) may be supplemented by other appropriated funds only if such supplementation is provided for by law or by regulation under subsection (a); and (2) may not be supplemented by funds from any other source, public or private. (d) No Senator or Member of the House of Representatives may maintain or use, directly or indirectly, an unofficial office account or defray official expenses from (1) funds received from a political committee or derived from a contribution or expenditure (as such terms are defined in section 301 of the Federal Election Campaign Act of 1971); (2) funds received as reimbursement for expenses incurred by the Senator or Member in connection with personal services provided by the Senator or Member to the person making the reimbursement; or (3) any other funds that are not specifically appropriated for official expenses. (e)(1) There is established in the House of Representatives an Official Mail Allowance for Members, officers, and employees of the House of Representatives who are persons entitled to use the congressional frank. Regulations for use of the Official Mail Allowance shall be prescribed (A) by the Committee on House Administration of the House of Representatives, with respect to allocation and expenditures relating to the Allowance; and (B) by the House Commission on Congressional Mailing Standards, with respect to matters under section 3210(a)(6)(D) of title 39, United States Code. (2) The Official Mail Allowance (A) shall be available only for postage for franked mail sent at a first class, third class, or fourth class rate; (B) with respect to a Member of the House of Representatives, shall be available, in a session of Congress, in a total amount, as determined under paragraph (1)(A), of not more than the product of (i) 3 times the single-piece rate applicable to first class mail, and (ii) the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the congressional district, as such addresses are described in section 3210(d)(7)(B) of title 39, United States Code; (C) with respect to any other person entitled to use the congressional frank in the House of Representatives (including any Member of the House of Representatives who receives an allocation under subsection (a)(2) with respect to duties as an elected officer of, or holder of another position in, the House of
Regulations,
104 STAT. 2280
Representatives), shall be available, in a session of Congress, in a total amount determined under paragraph (1)(A); and (D) shall not be available for payment of any nonpostage fee or charge, including any fee or charge for express mail, express mail drop shipment, certified mail, registered mail, return receipt, address correction, or postal insurance. (3)(A) Subject to subparagraph (B), each Member of the House of Representatives may transfer amounts from the Official Expenses Allowance and the Clerk Hire Allowance of the Member to the Official Mail Allowance of the Member. (B) The total amount a Member may so transfer with respect to a session of Congress may not exceed $25,000. (4) The Official Expenses Allowance shall be available to a Member of the House of Representatives for the payment of nonpostage fees and charges referred to in paragraph (2XD) and for postage for mail for official business sent outside the United States. (f) A Member of the House of Representatives shall, before making any mass mailing, submit a sample or description of the mail matter involved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether such proposed mailing is in compliance with applicable provisions of law, rule, or regulation. (g) As used in subsections (a) through if) (1) the term "Member of the House of Representatives" means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and (2) the term "person entitled to use the congressional frank" means a Senator, Member of the House of Representatives, or other person authorized to use the frank under section 3210(b) of title 39, United States Code. (h)(1) Section 3210(a)(6)(E) of title 39, United States Code, is amended to read as follows: "(E) As used in this section, the term 'mass mailing' means, with respect to a session of Congress, any mailing of newsletters or other pieces of mail with substantially identical content (whether such mail is deposited jsingly or in bulk, or at the same time or different times), totaling more than 500 pieces in that session, except that such term does not include any mailing "(i) of matter in direct response to a communication from a person to whom the matter is mailed; "(ii) from a Member of Congress to other Members of Congress, or to Federal, State, or local government officials; or "(iii) of a news release to the communications media.". (2) Section 506(a)(3) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(a)(3)) is amended by striking out "postage on," and all that.follows through "Senate, and". (3) Section 316 of the Legislative Branch Appropriations Act, 1990 (39 U.S.C. 3210 note) is amended (A) by striking out subsection (a); and (B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (i) This section and the amendments made by this section shall apply with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, except that, with respect to the Senate, subsection (d) shall apply with respect to sessions of Congress beginning with the second session of the One Hundred Second Congress, and the funds referred to in paragraph
104 STAT. 2281
(3) of such subsection shall not include personal funds of a Senator or Member of the House of Representatives. SEC. 312. (a) Notwithstanding any other provision of this Act, in order to reduce the total amount appropriated or otherwise made available by this Act for fiscal year 1991 (excluding any amounts required to be appropriated or otherwise made available by a provision of law) (1) of the amount appropriated for "House of Representatives" under the paragraph entitled "Salaries and Expenses", is set forth in title I, $4,500,000 shall be unavailable for obligation or expenditure in such fiscal year; (2) of the amount appropriated for "Architect of the Capitol" under the paragraph entitled "Office of the Architect of the Capitol", "Salaries^' as set forth in title I, $286,000 shall be unavailable for obligation or expenditure in such fiscal year; (3) of the amount appropriated for "Architect of the Capitol" under the paragraph entitled "Capitol Buildings and Grounds", "Capitol Buildings", as set forth in title I, $4,590,000 shall be unavailable for obligation or expenditure in such fiscal year; (4) of the amount appropriated for "Architect of the Capitol" under the paragraph entitled "Capitol Buildings and Grounds", "Capitol Grounds" as set forth in title I, $841,000 shall be unavailable for obligation or expenditure in such fiscal year; (5) of the amount appropriated for "Architect of the Capitol" under the paragraph entitled "Senate Office Buildings", as set forth in title I, $4,700,000 shall be unavailable for obligation or expenditure in such fiscal year; (6) of the amount appropriated for "Architect of the Capitol" under the paragraph entitled "Capitol Power Plant", as set forth in title I, $1,203,000 shall be unavailable for obligation or expenditure in such fiscal year; (7) of the amount appropriated for "Library of Congress" under the paragraph entitled "Congressional Research Service", "Salaries and Expenses", as set forth in title I, $858,000 shall be unavailable for obligation or expenditure in such fiscal year; (8) of the amount appropriated for "Government Printing Office" under the paragraph entitled "Congressional Printing and Binding", as set forth in title I, $2,250,000 shall be unavailable for obligation or expenditure in such fiscal year; (9) of the amount appropriated for "Library of Congress" under the paragraph entitled "Salaries and Expenses", as set forth in title II, $2,607,000 shall be unavailable for obligation or expenditure in such fiscal year; (10) of the amount appropriated for "Library of Congress" under the paragraph entitled "Copyright Office , "Salaries and Expenses", as set forth in title II, $217,000 shall be unavailable for obligation or expenditure in such fiscal year; (11) of the amount appropriated for "Library of Congress" under the paragraph entitled "Books for the Blind and Physically Handicapped", "Salaries and Expenses", as set forth in title II, $1,005,000 shall be unavailable for obligation or expenditure in such fiscal year; (12) of the amount appropriated for "Library of Congress" under the paragraph entitled "Furniture and Furnishings", as set forth in title II, $1,255,000 shall be unavailable for obligation or expenditure in such fiscal year;
39-194 O - 91 - 30 : QL 3 Part 3
104 STAT. 2282
(13) of the amount appropriated for "Architect of the Capitol" under the paragraph entitled "Library Buildings and Grounds", "Structural and Mechanical Care", as set forth in title II, $5,000,000 shall be unavailable for obligation or expenditure in such fiscal year; (14) of the amount appropriated for "Government Printing Office" under the paragraph entitled "Office of Superintendent of Documents", "Salaries and Expenses", as set forth in title II, $755,000 shall be unavailable for obligation or expenditure in such fiscal year; (15) of the amount appropriated for "General Accounting Office" under the paragraph entitled "Salaries and Expenses', as set forth in title II, $3,968,000 shall be unavailable for obligation or expenditure in such fiscal year; (b) Any amount made unavailable for obligation or expenditure in fiscal year 1991 by subsection (a) shall remain available for obligation or expenditure (for that same purpose) in fiscal year 1992. SEC. 313 (a) Section 116(d) of the John C. Stennis Center for Public Service Training and Development Act (2 U.S.C. 1105(d)) is amended to read as follows:
"(d) PROCEEDS FROM CERTAIN TRANSACTIONS CREATED TO FUND.
In addition to the appropriations received pursuant to section 121, the interest on, and the proceeds from the sale or redemption of, any obligations held in the fund pursuant to section 119(a), shall be credited to and form a part of the fund.". (b) Section 117(a) of such Act (2 U.S.C. 1106(a)) is amended to read as follows: "(a) IN GENERAL.The Secretary of the Treasury is authorized to pay to the Center from the interest and earnings of the fund, and moneys credited to the fund pursuant to section 119(a), such sums as the Board determines are necessary and appropriate to enable the Center to carry out the provisions of this subtitle.". (c) Section 119(a) of such Act (2 U.S.C. 1108(a)) is amended (1) by deleting "and" at the end of paragraph (6); and (2) by deleting paragraph (7) and inserting in lieu thereof the following: "(7) make expenditures for official reception and representation expenses as well as expenditures for meals, entertainment and refreshments in connection with official training sessions or other authorized programs or activities; "(8) apply for, receive and use for the purposes of the Center grants or other assistance from Federal sources; "(9) establish, receive and use for the purposes of the Center fees or other charges for goods or services provided in fulfilling the Center's purposes to persons not enumerated in section 115(b); "(10) invest, as specified in section 116(b), moneys authorized to be received under this section; and "(11) make other necessary expenditures.". SEC. 314. The funds appropriated to the Clerk of the House in the Fiscal Year 1986 Urgent Supplemental Appropriations Act, Public Law 99-349, and subsequently transferred to the Architect of the Capitol pursuant to the Legislative Branch Appropriations Act, 1989, Public Law 100-458 for Capitol Complex Security Enhancements shall be withheld from obligation and disbursement until September 30, 1991 and pursuant to section 202 of Public Law 100-119, this action is a necessary (but secondary) result of a signifi-
104 STAT. 2283
cant policy change: Provided, That not to exceed $300,000 of these funds may be obligated and disbursed before September 30,1991, for vehicular barriers as proposed in the Capitol Complex Security Enhancements upon approval of the House and Senate Committees on Appropriations: Provided further, That upon approval by the House and Senate Committees on Appropriations, any part of these funds may be obligated and disbursed for planning and design of the visitors' centers proposed in the Capitol Complex Security Enhancements, with such enhancements, including the "Perimeter Security Plan," as may be approved by such committees: Provided further. That the committees responsible for review, approval, and other procedures under section 102 of the Legislative Branch Appropriations Act of 1989 shall complete review and approval of the improved security plan by July 1, 1991: Provided further, That nothing in this section shall have the effect of waiving any requirement relating to review and approval by the House and Senate Committees on Appropriations with respect to detailed documentation describing the scope, cost, and construction schedule of the work to be accomplished through the funds involved. SEC. 315. (a) Whenever, after the date of enactment of this Act, Wages. there is an adjustment in rates of pay for Senators (other than an 2 u s e 60a-lb. adjustment which occurs by virtue of an adjustment under section 5305 of title 5, United States Code, in rates of pay under the General Schedule), the President pro tempore of the Senate may, notwithstanding any other provision of law, rule, or regulation, adjust the rate of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Secretary of the Senate to the extent necessary to maintain the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions. (b) Adjustments made by the President pro tempore under this section shall be made in such manner as he considers advisable and shall have the force and effect of law. SEC. 316. Section 3210(a) of title 39, United States Code, is amended by adding at the end the following new paragraph: "(7) A Member of the House of Representatives may not send any Postal service mass mailing outside the congressional district of the Member, except that "(A) a Member of the House of Representatives may send mass mailings to any area in a county, if any part of the county adjoins or is inside the congressional district of the Member; and "(B) in the case of redistricting, on and after the date referred to in subsection (d)(1)(B), a Member of the House of Representatives may send mass mailings to the additional area described in that section.". SEC. 317. Such sums as may be necessary for fiscal year 1991 pay Wages. raises for programs funded by this Act shall be absorbed within the Government employees. levels appropriated in this Act. SEC. 318. Two weeks after the close of each calendar quarter, or as 2 use 59f. soon as practicable thereafter, the Sergeant at Arms and Doorkeeper of the Senate shall send to each Senate office a statement of the cost of postage and paper and of the other operating expenses incurred as a result of mass mailings processed for such Senate office during such quarter. The statement shall separately identify the cost of postage and paper and other costs, and shall distinguish the costs attributable to newsletters and all other mass mailings.
104 STAT. 2284
The statement shall also include the total cost per capita in the State. A compilation of all such statements shall be sent to the Senate Committee on Rules and Administration. A summary tabulation of such information shall be published quarterly in the Congressional Record and included in the semiannual report of the Secretary of the Senate. Such summary tabulation shall set forth for each Senate office the following information: the Senate office's name, the total number of pieces of mass mail mailed during the quarter, the total cost of such mail, and, in the case of Senators, the cost of such mail divided by the total population of the State from which the Senator was elected, and the total number of pieces of mass mail divided by the total population of the State from which the Senator was elected.
SEC. 319. SPARK M . MATSUNAGA MEDAL OF PEACE.(a) IN GEN-
ERAL.Section 1705 of the United States Institute of Peace Act (22 U.S.C. 4604) is amended (1) in subsection (b) (A) by adding "and" after the semicolon at the end of paragraph (8); (B) by striking out paragraph (9); and (C) by redesignating paragraph (10) as paragraph (9); (2) by redesignating subsections (c) through (n) as subsections (d) through (o), respectively; and (3) by inserting after subsection (b) the following: "(c)(1)(A) The Institute, acting through the Board, may each year make an award to such person or persons who it determines to have contributed in extraordinary ways to peace among the nations and peoples of the world, giving special attention to contributions that advance society's knowledge and skill in peacemaking and conflict management. The award shall include the public presentation to such person or persons of the Spark M. Matsunaga Medal of Peace and a cash award in an amount of not to exceed $25,000 for any recipient. "(B)(i) The Secretary of the Treasury shall strike the Spark M. Matsunaga Medal of Peace with suitable emblems, devices, and inscriptions which capture the goals for which the Medal is presented. The design of the medals shall be determined by the Secretary of the Treasury in consultation with the Board and the Commission of Fine Arts. "(ii) The Spark M. Matsunaga Medal of Peace shall be struck in bronze and in the size determined by the Secretary of the Treasury in consultation with the Board. "(iii) The appropriate account of the Treasury of the United States shall be reimbursed for costs incurred in carrying out this subparagraph out of funds appropriated pursuant to section 1710(a)(1). "(2) The Board shall establish an advisory panel composed of persons eminent in peacemaking, diplomacy, public affairs, and scholarship, and such advisory panel shall advise the Board during its consideration of the selection of the recipient of the award. "(3) The Institute shall inform the Committee on Foreign Relations and the Committee on Labor and Human Resources of the Senate and the Committee on Foreign Affairs and the Committee on Education and Labor of the House of Representatives about the selection procedures it intends to follow, together with any other matters relevant to making the award and emphasizing its prominence and significance.".
104 STAT. 2285
(b) USE OF MEDAL NAME.Section 1704(e)(1) of the United States Institute of Peace Act (22 U.S.C. 4603(e)(1)) is amended by inserting " 'Spark M. Matsunaga Medal of Peace'," after " 'International Peace',". (c) CONFORMING AMENDMENT.Section 1707(b) of the United States Institute of Peace Act (22 U.S.C. 4606(b)) is amended by striking out "section 1705(g)(3)" and inserting in lieu thereof "section 1705(hX3)". SEC. 320. In fiscal year 1991 and thereafter, when a Senator disseminates information under the frank by a mass mailing (as defined in section 3210(a)(6)(E) of title 39, United States Code), the Senator shall register quarterly with the Secretary of the Senate such mass mailings. Such registration shall be made by filing with the Secretary a copy of the matter mailed and providing, on a form supplied by the Secretary, a description of the group or groups of persons to whom the mass mailing was mailed and the number of pieces mailed. SEC. 321. Pursuant to section 140 of Public Law 97-92, Justices and judges of the United States are authorized during calendar year 1991 to receive a salary adjustment in accordance with 28 U.S.C. section 461. SEC. 322. Appropriated funds received by the Library of Congress from other Federal agencies to cover general and administrative overhead costs generated by performing reimbursable work for other agencies under the authority of sections 1535 and 1536 of title 31, United States Code, may be expended or obligated (1) in the case of a reimbursement, only to such extent or in such amounts as are provided in appropriation Acts; or (2) in the case of an advance payment, only (A) to pay for such general or administrative overhead costs as are attributable to the work performed for such other agency; or (B) to such extent or in such' amounts as are provided in appropriation Acts, with respect to any purpose not allowable under subparagraph (A). SEC. 323. Section 316 of Public Law 101-302 is amended (1) in the first sentence of subsection (a) by (A) striking "1990" and inserting "1991". SEC. 324. The Architect of the Capitol shall take such steps as may be necessary to ensure that room S-147 of the Capitol is prepared (to the extent of not less than 50 percent of its total square footage) for use by the Special Services Office. Any expenses necessary to carry out the preceding sentence may be paid out of any appropriations
Postal service.
2 use 59g.
Wages. 28 u s e 461 note.
Ante, p. 246.
Federal buildings and facilities.
104 STAT. 2286
available to the Architect of the Capitol under this Act, in fiscal year 1991, for "Contingent Expenses" or "Capitol Buildings". TeleSEC. 325. Two floor tracking cable TV channels are authorized, communications. Qê for the Speaker and one for the Minority Leader. This Act may be cited as the "Legislative Branch Appropriations Act, 1991". Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5399 (S. 3207): HOUSE REPORTS: No. 101-648 (Comm. on Appropriations) and No. 101-965 (Comm. of Conference). SENATE REPORTS: No. 101-533 accompanying S. 3207 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 21, considered and passed House. Oct. 24, 25, considered and passed Senate, amended. Oct. 27, House and Senate agreed to conference report.
104 STAT. 2287
To amend the Age Discrimination in Employment Act of 1967 to clarify the application of such Act to employee group health plans.
Nov. 5, 1990 [H.R. 5759]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4(1X2) of the Age Discrimination in Employment Act of 1967, as added by the Older Workers Benefit Protection Act, is amended (1) in subparagraph (A) (A) in clause (i) by striking "and" at the end, (B) in clause (ii) by strildng the comma at the end and inserting "; or", and (C) by inserting after clause (ii) the following: "(iii) the values described in both clauses (i) and (ii);", and (2) in subparagraph (D) (A) by inserting after "For purposes of this paragraph" the following: "and solely in order to make the deduction authorized under this paragraph", (B) by striking "and" at the end of clause (i), (C) by striking the period at the end of clause (ii) and inserting "; or", and (D) by adding at the end the following new clause: "(iii) the package of benefits provided by the employer is as described in clauses (i) and (ii).". Approved November 5, 1990.
29USC623.
LEGISLATIVE HISTORYH.R. 5759: CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 2, considered and passed House. Oct. 16, considered and passed Senate, amended. Oct. 17, House concurred in Senate eunendment.
49-139 O - 90 (521)
104 STAT. 2288

Nov. 5, 1990 [H.R. 3840] To establish the Newberry National Volcanic Monument in the State of Oregon, and for o^^her purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT. Historic (a) IN GENERAL.There is hereby established the Newberry Na16û^^*3i'^ tional Volcanic Monument in the State of Oregon as a component of 1 note, ^jjg National Forest System in order to preserve and protect for present and future generations its remarkable geologic landforms and for the purposes of providing for the conservation, protection, interpretation, and enhancement of its ecological, botanical, scientific, scenic, recreational, cultural, and fish and wildlife resources. 0)) AREA INCLUDED.(1) The Monument shall comprise those lands generally depicted on the map entitled "Newberry National Volcanic Monument" and dated September 1990, which shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture, Washington, District of Columbia. (2) The Newberry Special Management Area, the Transferal Area, the Transferal Area Adjacent, and the Transferal Corridor shall comprise those lands generally depicted as such on the map referred to in paragraph (1). (3) The Secretary may, by publication of a notice of availability of a revised map and after public comment, make corrections or minor changes to the boundary of the Monument or Special Management Area if such changes are (A) necessary to facilitate management of the Monument, Special Management Area and the immediately surrounding area, (B) consistent with the purposes of this Act, and (C) noncontroversial. Any proposed boundary change shall be made pursuant to the National Environmental Policy Act of 1969.
SEC. 2. ADMINISTRATION.
(a) I N GENERAL.Subject to valid existing rights, the Secretary shall administer the Monument and Special Management Area in accordance with the laws, rules, and regulations pertaining to the National Forest System and this Act as part of the Deschutes National Forest. (b) TRANSFERAL AREA.(1) Upon termination, cancellation, or relinquishment of all Federal geothermal leases (numbered OR12008, OR-11612, and OR-11613), the lands and mineral rights encompassed by such leases, and other Federal land identified as the Transferal Area on the map referred to in section 10))(1), shall become part of the Monument and shall be administered under this Act.
104 STAT. 2289
(2) The Transferal Corridor is a part of the Transferal Area and shall be managed as such, except as otherwise provided in section 4. (3) Prior to the termination, cancellation, or relinquishment of such geothermal leases, the Secretary of the Interior and the Secretary of Agriculture shall, to the extent practicable and consistent with the Geothermal Steam Act of 1970 and rights under such leases, manage the Transferal Area under the laws, rules, and regulations pertaining to the National Forest System in such a manner so as to preserve the natural values of the area which would qualify it for designation as a national monument. (4) Upon discovery of commercial quantities of geothermal resources, parEigraphs (1), (2), and (3) shall no longer apply. (c) NEWBERRY SPECIAL MANAGEMENT AREA.The area identified on the map referred to in section 1(b)(1) as the Newberry Special Management Area shall be managed as if it were part of the Monument, except as otherwise provided in section 4. (d) TRANSFERAL AREA ADJACENT.The area identified on the map referred to in section l(bXl) as the Transferal Area Adjacent is a part of the Special Management Area, except as otherwise provided in section 4.
(e) MANAGEMENT REQUIREMENTS.The Monument and Special
Management Area shall be administered in accordance with the following management requirements: (1) Land management activities shall allow natural ecological succession of vegetation to continue to the maximum extent practical, as determined by the Secretary. Timber removal shall be permitted only to the extent the Secretary determines necessary to achieve the purposes of this Act and to protect health and safety. Timber within the Monument and Special Maneigement Area shall not be considered part of the allowable sale quantity for the Deschutes National Forest. (2) Recreation uses and interpretive facilities shall be provided, including (but not limited to) trails, campgrounds, resorts, and visitor centers, as identified in the management plan. (3) Roads shall be permitted in the Monument and Special Management Area consistent with the purposes of this Act and in accordance with the management plan. (f) SCIENTIFIC RESEARCH.Scientific research shall be allowed consistent with the purposes for which the Monument was established. (g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.The Secretary is authorized to take action to the extent practicable to ensure that tree disesises, insect infestations, fire hazards, and fires within the Monument and Special Management Area do not seriously threaten resources outside the Monument and Special Management Area boundaries.
SEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.
(a) I N GENERAL.Those holders of all Federal geothermal leases within the Monument as of the date of enactment of this Act and who are listed in subsection (c) of this section are authorized, without penalty, to relinquish all rights to such leases on the terms and conditions provided in this section and section 10 of the Geothermal Steam Act of 1970. Such leases are depicted on the map entitled "Geothermal Lease Compensation" which is a part of the Surface Resource Analysis of Newberry Volcano.
104 STAT. 2290
PUBLIC L A W 101-522NOV. 5, 1990
(b) GEOTHERMAL LEASE EXCHANGE.Upon the acceptance by the Secretary of the Interior of a lease relinquished pursuant to subsection (a), the Secretary of the Interior shall immediately issue, in lieu thereof and in full compensation for such relinquishment, geothermal leases of like value as described in subsection (c). The leases issued in lieu of relinquished leases shall contain the terms and conditions prescribed in the Surface Resource Analysis of Newberry Volcano and the Land and Resource Management Plan for the Deschutes National Forest, dated August 1990. Consistent with such terms and conditions, such in-lieu leases shall be administered under the Geothermal Steam Act of 1970. (c) DESCRIPTIONS.(1) The parties (including their successors, or assignees), and lands referred to in subsection (a), are those specified on the map referred to in subsection (a). (2) The leases to be issued pursuant to subsection Ob) and the interests in lands subject to such leases are as follows: (A) Within the Newberry Caldera Known Geothermal Resource Area, lesise area 1, leases shall be issued with an undivided fractional interest distributed as follows: (i) 62.37 percent to California Energy Co., Inc. (ii) 35.09 percent to Christian F. Murer. (iii) 2.54 percent to Delta Funds, Inc. (B) Within the Newberry Caldera Known Geothermal Resource Area, lease area 2, leases shall be issued with an undivided fractional interest distributed as follows: 0.84 percent to L.H. Armour, Jr. 5.49 percent to Frances B. Bunn. 1.73 percent to Robert B. Bunn. 8.52 percent to Geo-Newberry Crater, Inc. 15.10 percent to Hawthorn Oil Co. 3.42 percent to Terry Allen Kramer. 64.90 percent to George W. Waters. (C) Outside the Newberry Caldera Known Geothermal Resource Area, leases shall be issued for the approximate acreage noted: (i) Lease Area 3Robert B. Bunn1,280.00 acres, (ii) Lease Area 4Frances B. Bunn1,240.00 acres, (iii) Lease Area 5Geo-Newberry Crater, Inc.2,928 acres.
(d) AVAILABIUTY OF CERTAIN LANDS FOR GEOTHERMAL LEASING UNDER THE GEOTHERMAL STEAM ACT.Following the expiration,
relinquishment, or termination of any geothermal lease issued for lands identified in subsection (c), except for lands situated within the Special Management Area, such lands may be offered for lease under the Geothermal Steam Act of 1970.
(e) AVAILABIUTY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THIS ACT.Following expiration, relinquishment, or termi-
nation of a geothermal lease on lands identified in subsection (c), within the Special Management Area, lands shall be offered for lease as provided in section 4(aX5) of this Act. (f) NoNAPPLiCABLE PROVISIONS.The provisions of subsection (g) of section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and (g)) shall not apply to any geothermal lease within the Monument existing on the date of enactment of this Act.
SEC. 4. SUBSURFACE RIGHTS. (a) WITHDRAWAL.
PUBLIC LAW 101-522NOV. 5, 1990 (1) MONUMENT.Subject to valid existing rights, Federal lands within the Monument are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, or patent under the mining laws, and from disposition under all mineral and geothermal leasing laws. (2) TRANSFERAL AREA.Subject to valid existing rights. Federal lands within the Transferal Area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, or patent under the mining laws, and from disposition under all mineral and geothermal leasing laws. Upon completion of a well capable of producing geothermal steam in commercial quantities, as defined in section 6(d) of the Geothermal Steam Act of 1970 (30 U.S.C. 1005(d)) on valid existing leases within the Transferal Area, as determined by the Secretary of the Interior, the withdrawal made by this subsection shall be revoked, and such lands shall be restored to the operation of the public land laws, mining laws, and mineral and geothermal leasing laws. (3) TRANSFERAL CORRIDOR.Subject to valid existing rights. Federal lands within the Transferal Corridor are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry or patent under the mining laws, and from disposition under all mineral and geothermal leasing laws. (4) TRANSFERAL AREA ADJACENT.Subject to valid existing rights, Federal lands within the Transferal Area Adjacent are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, or patent under the mining laws, and from disposition under all mineral leasing laws except the Geothermal Steam Act of 1970. Upon completion of a well capable of producing geothermal steam in commercial quantities, as defined in section 6(d) of the Geothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the Transferal Area, as determined by the Secretary of the Interior, this area will be managed as part of the Special Management Area and be governed by provisions in section 4(a)(5). Geothermal leases issued in this area shall contain stipulations that prohibit surface occupancy and no plans of operation will be approved by the Secretary until commercial quantities of geothermal resources are found within the Transferal Area. (5) SPECIAL MANAGEMENT AREA.Subject to valid existing rights. Federal lands within the Special Management Area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, or patent under the mining laws, and under all mineral leasing laws except the Geothermal Steam Act of 1970. Geothermal leases issued in this area shall contain stipulations that prohibit surface occupancy and shall require that the Special Management Area be entered only by directional drilling from outside the Special Management Area boundaries. In the event that no commercial quantities of geothermal resources are developed under leases within 30 years after the date of enactment of this Act, the Secretary of the Interior is authorized and directed to withdraw such areas in perpetuity from all further leasing under the Geothermal Steam Act of 1970. Upon such withdrawal, the Special Management Area designations shall terminate and such areas shall become part of the Monument. All or
104 STAT. 2291
104 STAT. 2292
portions of the Special Management Area may be withdrawn from the Greothermal Steam Act of 1970 and made a part of the Monument earUer at the joint discretion of the Secretaries of Interior and Agriculture. This provision shall in no way restrict the Secretary's authority to acquire by purchase, donation or exchange any lease within the Special Management Area prior to the expiration of the term of years set forth in this paragraph. 0)) GEOTHERMAL LEASE SALES.(1) Within one year after the date of the enactment of this Act, pursuant to the Geothermal Steam Act of 1970, the Secretary of the Interior shall offer for lease by competitive bid the lands depicted on the map entitled "Geothermal Lease Sale Parcels," which is part of the Surface Resource Analysis of Newberry Volcano, with stipulations as provided therein, (2) Any of the Ismds described in paragraph (1) of this subsection which are not leased as a result of the first competitive bid offering, or any of the initial leases which are relinquished, terminated, or otherwise canceled, may be reoffered by the Secretary of the Interior for lease by competitive bid under the Geothermal Steam Act of 1970, except that all lands within the Special Management Area shall be subject to the leasing provisions of subsection (aX5) of this Act. (c) AUTHORITY FOR PLANS OF OPERATION.The Secretary of Agriculture shall regulate all surface disturbing activities conducted pursuant to any lease issued under this section and section 3 and shall determine reclamation and all other actions as required in the interest of conservation of these resources. No permit to drill on a geothermal lease for areas covered under this Act may be granted without the analysis and approval by the Secretary of Agriculture of a plan of operations covering proposed surface disturbing activities within the lease area. In making such determination, the Secretary shall consider the effects of the proposed operations on the values for which the Monument and Special Management Area were established.
SEC. 5. FISH AND WILDLIFE.
Nothing in this Act shall be construed to affect the jurisdiction or responsibilities of the State of Oregon with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping, except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the Department of Fish and Wildlife of the State of Oregon or its successor agency.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL.(1) Within three fiscal years beginning after the date of enactment of this Act, the Secretary shall develop a management plan which shall address the lands established in section 1. The management plan shall be developed in consultation with the Council (established by section 7), interested Federal, State, and local government agencies, and the public. (2) The management plan shall be periodically updated, amended, or revised as necessary and, at the discretion of the Secretary, such updates, amendments, or revisions may be done separately or in
104 STAT. 2293
conjunction with land management planning for other adjacent areas of the Deschutes National Forest. (3) No actions taken under the authority of this Act shall require the reconsideration, amendment, or revision of the Deschutes National Forest Land and Resource Management Plan prepared pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). The management plan required by paragraph (1) shall be incorporated into the Deschutes National Forest Land and Resource Management Plan upon the regular revision of the the Deschutes National Forest Land and Resource Management Plan.
(b) ISSUES TO B E ADDRESSED BY MANAGEMENT PLAN.Consistent
with the purposes for which the Monument and Special Management Area were established, the Management Plan shall address at least the following management issues: (1) Recreation, including consideration of a full range of existing and appropriate new facilities and programs for recreation during all seasons of the year. (2) Vegetation, including consideration of a full range of management options, and a program to reestablish old growth ponderosa pine ecosystems. (3) Roads and facilities, including (A) consideration of the general location, design, construction, and maintenance criteria; (B) standards for motorized vehicle use; (C) traffic management; and (D) criteria for the closing and obliteration of roads. (4) Fire and fuel management prescriptions, including consideration of a full range of management options for fuel hazard reduction and prescribed fire and fire control strategies to minimize the risk of catastrophic wildfire and to meet other resource objectives. (5) Wildlife management, including general prescriptions for wildlife habitat improvements. (6) Research, including identification and prioritization of research opportunities. (7) Monitoring, including monitoring needs for air, water, wildlife, soil, and other resources. The Secretary, in cooperation with the Secretary of the Interior, shall maintain a research and monitoring program for geothermal resources for the purpose of identifying and assessing the impact that present and proposed geothermal development in the vicinity of the Monument and Special Management Area may have on the values for which such Monument and Special Management Area were established. (8) Conflicts, including consideration of potential conflicts among uses and resources.
SEC. 7. ADVISORY COUNCIL.
(a) ESTABLISHMENT.There is hereby established the Newberry National Volcanic Monument Advisory Council for the purpose of advising the Secretary on the preparation of the initial management plan required by section 6(a) and on other matters at the Secretary's request. Ob) MEMBERSHIP.The Council shall be composed of 11 members appointed by the Secretary, as follows: (1) One member who represents the scientific community.
104 STAT. 2294
(2) One member who represents organized recreational interests. (3) One member who represents organized timber industry interests. (4) One member who represents organized geothermal industry interests. (5) One member who represents organized tourism interests. (6) One member of the Deschutes County Board of Commissioners. (7) One member who represents organized environmental interests. (8) One member who represents organized wildlife and fish interests. (9) One at-large member from nominations submitted to the Secretary by the Governor of Oregon. (10) The Forest Supervisor, Deschutes National Forest, and the District Manager, Prineville District, Bureau of Land Management, who shall serve as nonvoting, ex officio members. (c) VACANCY.A vacancy on the Council shall be filled in the same manner as the original appointment. (d) QUORUM.A quorum shall be 6 appointed members of the Council. The operations of the Council shall not be impaired by the fact that a member has not been appointed as long as a quorum has been attained. (e) CHAIRPERSON AND PROCEDURES.The Council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable. (f) CONSULTATION.The Secretary shall consult with the Council on a periodic and regular basis with respect to the management plan. (g) PAY.Members of the Council who are not full-time officers or employees of the United States shall serve without pay. Members who are full-time officers or employees of the United States shall receive no additional pay by resison of their service on the Council. (h) SCIENTIFIC ADVISORY SUBCOMMITTEE.The Council may appoint a Scientific Advisory Subcommittee, to be chaired by the Council member who represents the scientific community, for the purposes of advising the Council on matters related to the management plan. Subcommittee members shall be appointed for their expertise and need not be members of the Council. (i) TERMINATION.The Council and the Scientific Advisory Subcommittee, if any, shall cease to exist on the date upon which the management plan is officially adopted by the Secretary, or later at the discretion of the Secretary, except in no event shall the Council exist later than 5 years after the date of enactment of this Act.
SEC. 8. SAVINGS PROVISIONS. (a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.Nothing
in this Act shall be construed as authorizing or directing the establishment of protective perimeters or buffer zones around the Monument or Special Management Area for the purpose of precluding activities outside the Monument and Special Management Area boundary which would otherwise be permitted under applicable law. Nothing in this Act shall be construed as limiting the existing authority of the Secretary to take actions on Federal lands adjacent to the Monument and Special Management Area necessary to protect public health and safety in emergencies. The fact that activities
104 STAT. 2295
or uses outside the Monument and Special Management Area can be seen, heard, measured, or otherwise perceived within the Monument and Special Management Area shall not, of themselves, limit, restrict, or preclude such activities or uses up to the boundary of the Monument and the Special Meinagement Area. (b) CONTRACTS.Nothing in this Act shall limit, restrict, or preclude the implementation of valid timber sale contracts or other contracts or agreements executed by the Secretary or the Secretary of the Interior prior to the date of enactment of this Act. (c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.Except as specifically provided in sections 3 and 4, nothing in this Act shall be construed to affect the authority of the Secretary of the Interior to administer the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
SEC. 9. DEFINITIONS.
As used in this Act: (1) the term "allowable sale quantity" has the same meaning as such term has in section 13 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1611). (2) The term "Council" means the Newberry National Volcanic Monument Advisory Council established by section 7. (3) The term "Management Plan" means the plan developed under section 6. (4) The term "Monument" means the Newberry National Volcanic Monument established by section 1. (5) The term "Newberry Caldera Known Geothermal Resource Area" refers to the area established by the United States Geological Survey in 1974 and identified on the map referred to in section 3(a). (6) The term "Special Management Area" means the Newberry Special Management Area established by section 1. (7) The term "Secretary" means the Secretary of Agriculture. (8) The term "Surface Resource Analysis of Newberry Volcano" means the document dated September 1990, prepared by the Forest Service and the Bureau of Land Management, and available for public inspection in the Office of the Chief, United States Forest Service, United States Department of Agriculture, Washington, District of Columbia. (9) The terms "Transferal Area", "Transferal Corridor" and "Transferal Area Adjacent" mean the areas established by section 1.
104 STAT. 2296
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this Act. Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 3840: HOUSE REPORTS: No. 101-827 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 10, considered and passed House. Oct. 22, considered and passed Senate.
104 STAT. 2297
To provide for the study of certain historical and cultural resources located in the city of Vancouver, Washington, and for other purposes.
Nov. 5, 1990 [H.R. 5144]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. STATEMENT OF FINDINGS.
The Congress finds that (1) the city of Vancouver, Washington, has a unique array of contiguous historical sites which chronicle important steps in the settlement and development of the Northwest, including (A) Fort Vancouver National Historic Site, the site of the Hudson's Bay Company trading post established in 1825; (B) Vancouver Barracks, an active military installation since 1849; (C) Officers' Row National Register Historic District, 21 adaptively rehabilitated military officers' quarters; (D) Pearson Airpark, an early United States Army airfield and one of the oldest operating airports in the country; and (E) the Columbia River, an early Northwest exploration and settlement corridor, including the route of the Lewis and Clark expedition, center of Indian trade, shipbuilding, and fishing; (2) these historical assets are owned and managed by several governmental entities, including the National Park Service, city of Vancouver, and the United States Army; (3) sites within the Vancouver historical area are in a state of transition and are the focus of various proposals and initiatives; (4) there is a lack of formal coordination of management or planning among the various entities; and (5) failure to coordinate the planning and management within the Area may result in lost opportunities to preserve and enhance irreplaceable historical sites and open space. SEC. 2. VANCOUVER HISTORICAL STUDY COMMISSION. (a) EsTABUSHMENT.There is hereby established a Vancouver Historical Study Commission which shall study and make recommendations regarding (1) the preservation, protection, enhancement, enjoyment, and utilization of the historic, cultural, natural, and recreational resources of the Area; and (2) the feasibility of establishing a Vancouver National Historical Reserve. (b) MEMBERSHIP.The Commission shall consist of the following 5 members: (1) The Director of the National Park Service, or his designee.
49-139 O - 90 (523)
104 STAT. 2298
(2) One individual appointed by the Secretary of the Interior from recommendations submitted by the Mayor of Vancouver to represent the city of Vancouver. (3) The Secretary of the Army, or his designee. (4) One individual appointed by the Secretary of the Interior from recommendations submitted by the Governor of Washington to represent the State Historic Preservation Office. (5) One individual appointed by the Secretary of the Interior to represent the general public. Members shall be appointed within 60 days after the date of enactment of this Act. (c) VACANCY.A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) COMPENSATION.Members of the Commission shall serve without pay. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistance, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5 of the United States Code. (e) CHAIRPERSON.The Chairperson of the Commission shall be appointed by the Secretary. (f) QUORUM.Three members of the Commission shall constitute a quorum. (g) MEETINGS.The Commission shall meet at the call of the Chairperson or a majority of its members. (h) STAFF.The Secretary shall provide the Commission with such staff and technical assistance as the Secretary, after consultation with the Commission, considers appropriate to enable the Commission to carry out its duties. Upon request of the Secretary, any Federal agency may provide to the Commission on a reimbursable basis information, personnel, property, and services to assist in carrying out its duties under this Act. The Secretary may accept the services of personnel detailed from the State of Washington or any political subdivision of the State and may reimburse the State or such political subdivision for such services. The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (i) TERMINATION OF COMMISSION.The Commission shall terminate upon submission of the study report as provided in section 3.
SEC. 3. DUTIES OF THE COMMISSION.
(a) REPORT.(1) The Commission shall prepare a report (A) specifying the results of the study required by section 2(a); and (B) containing (i) an inventory and assessment of the historic, cultural, natural, and recreational resources located within the Area; (ii) specific preservation and interpretation goals; (iii) proposed alternative management strategies whereby the funds, data, personnel, and authorities of public and private entities may be coordinated; and (iv) recommendations concerning the continued operation of Pearson Airpark in a manner that will preserve and promote historic aviation and interpretation of the Area,
104 STAT. 2299
compatible with other historic and cultural resources of the Area, including Fort Vancouver National Historic Site. (2) In making recommendations under paragraph (l)(B)(iv), the Commission shall assess (A) the impact of current airport operations on the preservation, use, and interpretation of historic and cultural resources in the Area; and (B) future operation of the airport undertaking such mitigation measures as may be necessary to minimize the intrusion on adjacent historic and cultural resources.
OJ) DEVELOPMENT OF STUDY.
(1) In undertaking the study under section 2(a), the Commission shall consult on a regular basis with appropriate officials of any local government or Federal or State agency which has jurisdiction over lands and waters within the Area. (2) In undertaking the study under section 2(a), the Commission shall consult with interested conservation, business, professional and citizen organizations. (3) In undertaking the study under section 2(a), the Commission shall conduct public hearings within the Area, and at such other places as may be appropriate, for the purpose of providing interested persons with the opportunity to testify with respect to matters to be addressed by the study. (c) TRANSMITTAL OF STUDY REPORT.Not later than 18 months after the date of enactment of this Act, the Commission shall submit the report required under subsection (a) to the Secretary of the Interior and the Secretary of the Army. The Secretary of the Interior shall submit the report along with any comments or recommendations that the Secretary may wish to make to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate within 30 days after receipt of such report from the Commission.
SEC. 4. DETERMINATION OF SUITABILITY OF CERTAIN REAL PROPERTY. (a) NOTIFICATION OF SECRETARY OF THE INTERIOR.The Secretary
of Defense shall notify the Secretary of the Interior upon any determination by the Secretary of Defense that any real property located at Vancouver Barracks is excess property of the Department of Defense.
(b) REVIEW OF PROPERTY BY SECRETARY OF THE INTERIOR.Not
later than 90 days after receiving notification from the Secretary of Defense under subsection (a), the Secretary of the Interior shall (1) review the property that is the subject of the notification with respect to the suitability of all or part of the property for administration by the Secretary of the Interior or the State of Washington or its political subdivisions; and (2) report to the Congress the findings of that review and Reports, recommendations for any legislation.
SEC. 5. RESTRICTION ON DISPOSAL OR USE OF PROPERTY.
Notwithstanding any other provision of law, any real property located at Vancouver Barracks that is determined by the Secretary of Defense to be excess property of the Department of Defense may not be disposed of or used by any Federal agency before the end of the one-year period following submission of a report to the Congress regarding that property under section 4(b).
104 STAT. 2300
SEC. 6. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly affecting the Area shall (1) consult with the Secretary and the Commission with respect to such activities; (2) cooperate with the Secretary and the Commission in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (8) to the maximum extent practicable, conduct or support such activities in a manner consistent with the provisions of this Act.
SEC. 7. DEFINITIONS.
As used in this Act (1) the term "Area" means the area which incorporates those resources listed in section (1); (2) the term "Commission" means the Vancouver Historical Study Commission established by section 2; and (3) the term "Secretary" means the Secretary of the Interior.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this Act. Approved November 5, 1990.
LEGISLATIVE HISTORYH.R. 5144 (S. 2771): HOUSE REPORTS: No. 101-740 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101-502 accompanying S. 2771 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990): Sept. 27, considered and passed House. Oct. 15, S. 2771 considered in Senate; proceedings vacated and H.R. 5144 passed in lieu. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 5, Presidential statement.
104 STAT. 2301
Public Law 101-524 101st Congress
An Act
Nov. 6, 1990 [H.R. 2331]
To amend title 39, United States Code, to designate as nonmailable matter solicitations for the purcheise of goods or services, or solicitation for donations which could reasonably be construed as implying any Federal Government connection or endorsement, unless such matter contains an appropriate, conspicuous disclaimer, and for other purposes.
SECTION 1. SHORT TITLE.
This Act may be cited as the "Deceptive Mailings Prevention Act of 1990".
SEC. 2. AMENDMENTS TO TITLE 39.
Deceptive Mailings Prevention Act of 1990. 39 u s e 101 note.
(a) PROHIBITION OF DECEPTIVE MAILINGS.Section 3001 of title 39, United States Code is amended by redesignating subsections (f) and (g) as subsections (i) and (j) respectively, and by inserting after subsection (e) the following: "(f) Matter otherwise legally acceptable in the mails which constitutes a solicitation by a nongovernmental entity for the purchase of or payment for a product or service; and contains a seal, insignia, trade or brand name, or any other term or symbol that reasonably could be interpreted or construed as implying any Federal Government connection, approval or endorsement is nonmailable matter and shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless "(1) such nongovernmental entity has such expressed connection, approval or endorsement; "(2)(A) such matter bears on its face, in conspicuous and legible type in contrast by tjrpography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe, the following notice: 'THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE FEDERAL GOVERNMENT.', or a notice to the same effect in words which the Postal Service may prescribe; and "(B) the envelope or outside cover or wrapper in which such matter is mailed bears on its face in capital letters and in conspicuous and legible type, in accordance with regulations which the Postal Service shall prescribe, the following notice: 'THIS IS NOT A GOVERNMENT DOCUMENT.', or a notice to the same effect in words which the Postal Service may prescribe; or "(3) such matter is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive, except that this paragraph shall not apply if the solicitation is on behalf of the publisher of the publication.
Regulations.
49-139 O - 90 (524)
104 STAT. 2302
"(g) Matter otherwise legally acceptable in the mails which constitutes a solicitation by a nongovernmental entity for information or the contribution of funds or membership fees and contains a seal, insignia, trade or brand name, or any other term or symbol that reasonably could be interpreted or construed as implying any Federal Government connection, approval or endorsement is nonmailable matter and shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless "(1) such nongovernmental entity has such expressed connection, approval or endorsement; "(2)(A) such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe, the following notice: 'THIS ORGANIZATION HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE FEDERAL GOVERNMENT.', or a notice to the same effect in words which the Postal Service may prescribe; and "(B) the envelope or outside cover or wrapper in which such matter is mailed bears on its face in capital letters and in conspicuous and legible t5T)e, in accordance with regulations which the Postal Service shall prescribe, the following notice: THIS IS NOT A GOVERNMENT DOCUMENT.', or a notice to the same effect in words which the Postal Service may prescribe; or "(3) such matter is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive, except that this paragraph shall not apply if the solicitation is on behalf of the publisher of the publication.".
(b) DECEPTIVE MAIUNGS AS FALSE REPRESENTATIONS.Section
3005(a) of title 39, United States Code, is amended by striking out "section 3001(d)" each place that it appears and inserting in lieu thereof "section 3001 (d), ( a or (g)".
SEC. 3. REVIEW AND REPORT BY THE UNITED STATES POSTAL SERVICE.
No later than 90 days after the date of enactment of this Act, the United States Postal Service shall (1)(A) conduct a comprehensive review to determine if the provisions of section 123.33 of the Domestic Mail Manual (as in effect on such date of enactment) are being appropriately observed; and (B) take appropriate measures to ensure that any misapplication or misunderstanding of such provisions is corrected among any postal personnel who are responsible for carrying them out; (2) conduct a comprehensive review to determine the feasibility of establishing a procedure whereby a sender of mail matter which is' denied entry into the mails on the basis of incorrect mail preparation, postage due, or addressing may, through expedited proceedings, obtain a final agency decision as to the mailability of such matter; and (3) submit a written report to the Senate and the House of Representatives describing its findings and actions under this section.
104 STAT. 2303

39 USC 3001 note.
SEC. 4. COORDINATION OF FUNCTIONS WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
The United States Postal Service shall consult and coordinate the functions and administration of the provisions of this Act and the amendments made by this Act with the Secretary of the Department of Health and Human Services and the functions of the Secretary in the administration of section 428 of the Medicare Catastrophic Coverage Act of 1988 (42 U.S.C. 1320b-10).
SEC. 5. STATE DEPARTMENT POST OFFICES ABROAD.
(a) POSTAL SERVICES AT DIPLOMATIC POSTS.Chapter 4 of title 39, United States Code, is amended by adding at the end thereof the following new section:
" 413. Postal services at diplomatic posts Government
"(a) The Postal Service and the Department of State may enter into 1 or more agreements for field testing to ascertain the feasibility of providing postal services through personnel provided by the Department of State at branch post offices established by the Postal Service in United States diplomatic missions at locations abroad for which branch post offices are not established under section 406. "(b) To the extent that the Postal Service and the Department of State conclude it to be feasible and in the public interest, the Postal Service may establish branch post offices at United States diplomatic missions in locations abroad for which branch post offices are not established under section 406, and the Department of State may enter into an agreement with the Postal Service to perform postal services at such branch post offices through personnel designated by the Department of State. "(c) The Department of State shall reimburse the Postal Service for any amounts, determined by the Postal Service, equal to the additional costs incurred by the Postal Service, including transportation costs, incurred by the Postal Service in the performance of its obligations under any agreement entered into under this section. "(d) Each agreement entered into under this section shall include "(1) provisions under which the Department of State shall make any reimbursements required under subsection (c); "(2) provisions authorizing the Postal Service to terminate the agreement, and the services provided thereunder, in the event that the Department of State does not comply with the provisions under paragraph (1); and "(3) any other provisions which may be necessary, including provisions relating to the closing of a post office under this section if necessary because a post office under section 406 is established in the same location.". (b) TECHNICAL AND CONFORMING AMENDMENT.The table of sections for chapter 4 of title 39, United States Code, is amended by adding at the end thereof the following:
"413. Postal services at diplomatic posts.".
104 STAT. 2304

39 u s e 3001
SEC. 6. EFFECTIVE DATE.
The provisions of this Act shall take effect on the date of the enactment of this Act, except the amendments made by section 2 shall apply to matter deposited for mailing and delivery on or after 180 days after the date of the enactment of this Act. Approved November 6, 1990.
LEGISLATIVE HISTORYH.R. 2331 (S. 273): HOUSE REPORTS: No. 101-178 (Comm. on Post Office and Civil Service). SENATE REPORTS: No. 101-464 accompanying S. 273 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 135 (1989): July 31, considered and passed House. Vol. 136 (1990): Oct. 4, considered and passed Senate, amended, in lieu of S. 273. Oct. 19, House concurred in Senate amendments.
104 STAT. 2305
To amend the Congressional Award Act to temporarily extend the Congressional Award Board, and to otherwise revise such Act.
Nov. 6, 1990 [H.R. 5275]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
Award Amendments of
Congressional
This Act may be cited as the "Congressional Award Amendments

SEC. 2. TEMPORARY EXTENSION OF CONGRESSIONAL AWARD BOARD.
2 usc 801 note.
(a) TERMINATION OF THE BOARD.Section 9 of the Congressional
Award Act (2 U.S.C. 808) is amended to read as follows:

"TERMINATION
"SEC. 9. The Board shall terminate October 1,1992.". (b) SAVINGS PROVISION.During the period of October 1, 1990, through the date of the enactment of this section, all actions and functions of the Congressional Award Board under the Congressional Award Act (2 U.S.C. 801 et seq.) shall have the same effect as though no lapse or termination of the Board ever occurred.
SEC. 3. ANNUAL REPORT.
2 USC 808 note,
Section 3(e) of the Congressional Award Act (2 U.F.C. 802(e)) is amended in the first sentence by striking "March 1" and inserting "April 1".
SEC. 4. DERIVATION OF APPOINTMENT.
Section 4(a) of the Congressional Award Act (2 U.S.C. 803(a)) is amended by adding at the end the following new paragraph: "(4) For the purpose of determining the derivation of the appointment of any person appointed to the Board under this section, if there is a change in the status of majority and minority between the parties of the House or the Senate, each person appointed under this section shall be deemed to have been appointed by the leadership position set out in subsection (aXD of the partv of the individual who made the initial appointment of such person. .
SEC. 5. TERMS OF APPOINTMENT.
Section 4(b) of the Congressional Award Act (2 U.S.C. 803(b)) is amended (1) by inserting "(1)" after the subsection designation; (2) in paragraph (1) (as so designated), by striking "but (unless" and all that follows and inserting the following: "and (unless reappointed under paragraph (3)) shall serve for a term of 4 years."; and (3) by adding at the end the following new paragraphs: "(2) For the purpose of adjusting the terms of Board members to allow for staggered appointments, the following distribution of
49-139 0 - 9 0 (525)
104 STAT. 2306
Board terms shall take effect at the first meeting of the Board occurring after the date of the enactment of the Congressional Award Amendments of 1990: "(A) Those members who have served 10 years or more, as of the date of such meeting, shall have an appointment expiring on a date 2 years from October 1,1990. "(B) Those members who have served for 6 months or less, as of the date of such meeting, shall have an appointment expiring on a date 6 years from October 11,1990. "(C) All other members shall apportion the remaining Board positions between equal numbers of 2 and 4 year terms (providing that if there are an unequal number of remaining members, there shall be a predominance of 4 year terms), such apportionment to be made by lot. "(3XA) Subject to the limitations in subparagraphs (B) and (C) of this paragraph, members of the Board may be reappointed, provided that no member may serve more than 2 consecutive terms. "(B) Members of the Board covered under paragraph (2XA) of this section shall not be eligible for reappointment to the Board. Members of the Board covered under subparagraphs (B) and (C) of paragraph (2) of this section may be reappointed for 1 additional consecutive 4 year term. "(C) Members of the Board who serve as chairman of the Board shedl not have the time during which they serve as chairman used in the computation of their period of service for purposes of this paragraph and paragraph (2).".
SEC. 6. REMOVAL FROM BOARD.
Section 4 of the Congressional Award Act (2 U.S.C. 803) is amended by adding at the end the following new subsection: "(j) Any member of the Board who fails to attend 4 consecutive Board meetings scheduled pursuant to the bylaws of the Board and for which proper notice has been given under such bylaws, or to send a designee of such member (approved in advance by the Board under provisions of its bylaws), is, by operation of this subsection, removed, for cause, from the Board as of the date of the last meeting from which they are absent. The Chairman of the Board shall take such steps as are necessary to inform members who have 3 absences of this subsection. The Chairman shall notify the House and the Senate, including the appropriate committees of each body, whenever there is a vacancy created by the operation of this subsection.".
SEC. 7. TECHNICAL AMENDMENT, STATEWIDE COUNCILS, ACCEPTANCE OF FUNDS AND RESOURCES.
(a) TECHNICAL AMENDMENT.Section 7 of the Congressional Award Act (2 U.S.C. 806) is amended by inserting "(a)" after the section designation. (b) STATEWIDE COUNCILS.Section 7 of the Congressional Award Act (2 U.S.C. 806) is amended (1) in subsection (b)(2) (A) in subparagraph (C) (i) by striking "conducting" and inserting "conduct"; and (ii) by striking "State and"; (B) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively, and by inserting after subparagraph (C) the following new subparsigraph:
104 STAT. 2307
"(D) in addition to those activities authorized under subparagraph (C), conduct of outreach activities to encourage, where appropriate, the establishment and development of Statewide Congressional Award Councils;"; and (C) in subparagraph (F) (as redesignated by subparagraph (B) of this paragraph), by striking "conducting" and inserting "conduct"; and (2) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively, and by inserting after subsection (b) the following new subsection: "(cXD In carrjdng out its functions with respect to Statewide Congressional Award Councils (hereinafter in this subsection referred to as Statewide Councils) under subsection (b), the Board shall develop guidelines, criteria, and standards for the formation of Statewide Councils. In order to create a Statewide Council, Members of Congress and Senators from each respective State are encouraged to work jointly with the Board. "(2) The establishment of Statewide Councils is intended to "(A) facilitate expanded public participation and involvement in the program; and "(B) promote greater opportunities for involvement by members of the State congressional delegation. "(3) The duties and responsibilities of each Statewide Council established pursuant to this section shall include, but not be limited to, the following: "(A) promoting State and local awareness of the Congressional Award Program; "(B) review of participant records and activities; "(C) review and verification of information on, and recommendation of, candidates to the national board for approval; "(D) planning and organization of bronze and silver award ceremonies; "(E) Eissisting gold award recipients with travel to and from the national gold award ceremony; and "(F) designation of a Statewide coordinator to serve as a liaison between the State and local boards and the national board. "(4) Each Statewide Council established pursuant to this section is authorized to receive public monetary and in-kind contributions, which may be made available to local boards to supplement or defray operating expenses. The Board shall adopt appropriate financial management methods in order to ensure the proper accounting of these funds. "(5) Each Statewide Council established pursuant to this section shall comply with the standard charter requirements of the national board of directors.".
(c) ACCEPTANCE OF FUNDS AND RESOURCES.Section 7(e) of the
Congressional Award Act, as redesignated by subsection (b)(2) of this section, is amended to read as follows: "(e)(1) Subject to the provisions of paragraph (2), the Board may seek and accept funds and other resources to carry out its activities. The Board may not accept any funds or other resources which are "(A) donated with a restriction on their use unless such restriction merely provides that such funds or other resources be used in furtherance of the Congressional Award Program or a specific regional or local program; and
104 STAT. 2308
Advertising.
"(B) donated subject to the condition that the identity of the donor of the funds or resources shall remain anonymous. The Board may permit donors to use the name of the Board or the name 'Congressional Award Program' in advertising. "(2) Except as otherwise provided in this Act, the Board may not receive any Federal funds or resources. The Board may benefit from in-kind and indirect resources provided by Offices of Members of Congress or the Congress. Further, the Board is not prohibited from receiving indirect benefits from efforts or activities undertaken in collaboration with entities which receive Federal funds or resources.".
SEC. 8. GENERAL ACCOUNTING OFFICE AUDITS.
Reports.
Section 8 of the Congressional Award Act (2 U.S.C. 807) is amended (1) in subsection (a), in the first sentence (A) by striking "section 7(h)" and inserting "section 7(i)"; and (B) by striking "at least biennially" and inserting "annually"; and (2) by striking subsections (b) through (d) and inserting the following: "(b) The Comptroller General shall submit to appropriate officers, committees, and subcommittees of the Congress, by May 15th of each calendar year, a report on the results of the audit of the financial records and on any such additional areas as the Comptroller General determines deserve or require eveiluation.". Approved November 6, 1990.
LEGISLATIVE HISTORYH.R. 5275: HOUSE REPORTS: No. 101-618 (Coram, on Education and Labor). CONGRESSIONAL RECORD, Vol. 136 (1990): July 23, considered and passed House. Oct. 19, considered and passed Senate, amended. Oct. 22, House concurred in Senate amendment.
104 STAT. 2309
To waive the period of congressional review for certain District of Columbia acts authorizing the issuance of District of Columbia revenue bonds.
Nov. 6, 1990 [H.R. 5482] District of Columbia Revenue Bond Act of 1990.
This Act may be cited as the "District of Columbia Revenue Bond Act of 1990".
SEC. 2. WAIVER OF CONGRESSIONAL REVIEW PERIOD FOR CERTAIN DISTRICT OF COLUMBIA ACTS AUTHORIZING THE ISSUANCE OF DISTRICT OF COLUMBIA REVENUE BONDS.
(a) WAIVER.The District of Columbia acts described in subsection Effective dates, (b) shall, if enacted by the Council of the District of Columbia, take effect on the date of the enactment of this Act, notwithstanding section 602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act or any provision to the contrary in those acts.
(b) CERTAIN ACTS OF THE DISTRICT OF COLUMBIA AUTHORIZING ISSUANCE OF DISTRICT OF COLUMBIA REVENUE BONDS.The District
of Columbia acts authorizing the issuance, sale, and delivery of District of Columbia revenue bonds referred to in subsection (a) are as follows: (1) The Army Distaff Foundation, Inc. Revenue Bond Act of 1989 (District of Columbia Bill 8-477, introduced in the Council of the District of Columbia on November 27, 1989) in such form as such Act may be enacted by the Council of the District of Columbia, except that the authorization for issuance of bonds under such Act may not exceed $10,000,000. (2) The Washington Hospital Center Corporation Revenue Bond Act of 1990 (District of Columbia Bill 8-507, introduced in the Council of the District of Columbia on January 30, 1990) in such form as such Act may be enacted by the Council of the District of Columbia, except that the authorization for issuance of bonds under such Act may not exceed $120,000,000. (3) The Howard University Revenue Bond Act of 1990 (District of Columbia Bill 8-606, introduced in the Council of the District of Columbia on June 13, 1990) in such form as such Act may be enacted by the Council of the District of Columbia, except that the authorization for the issuance of bonds under such Act may not exceed $27,000,000. (4) The Georgetown University Revenue Bond Act of 1990 (District of Columbia Bill 8-607, introduced in the Council of the District of Columbia on June 13, 1990) in such form as such Act may be enacted by the Council of the District of Columbia, except that the authorization for issuance of bonds under such Act may not exceed $463,000,000.
49-139 O - 90 (526)
104 STAT. 2310
PUBLIC LAW 101-526NOV. 6, 1990 (5) The Anthony Bowen Landmark Building Trust, Inc. Revenue Bond Act of 1990 (District of Columbia Bill 8-619, introduced in the Council of the District of Columbia on June 26, 1990) in such form as such Act may be enacted by the Council of the District of Columbia, except that the authorization for issuance of bonds under such Act may not exceed $5,000,000. (6) The Association of Community College Trustees Revenue Bond Act of 1990 (District of Columbia Bill 8-620, introduced in the Council of the District of Columbia on June 26,1990) in such form as such Act may be enacted by the Council of the District of Columbia, except that the authorization for issuance of bonds under such Act may not exceed $1,000,000. (7) The Greater Washington Educational Telecommunication Association, Inc. Revenue Bond Act of 1990 (District of Columbia Bill 8-624, introduced in the Council of the District of Columbia on June 26, 1990) in such form as such Act may be enacted by the Council of the District of Columbia, except that the authorization for issuance of bonds under such Act may not exceed $32,000,000. (8) The Anacostia River Sports Facility Revenue Bond Act of 1990 (District of Columbia Bill 8-652) in such form as such Act may be enacted by the Council of the District of Columbia, except that the proceeds of bonds issued under such Act shall be utilized solely for renovation and rehabilitation of a presently existing stadium and any related, necessary infrastructure improvements appurtenant to such stadium; and that the authorization for issuance of bonds under such Act may not exceed $25,000,000. Approved November 6, 1990.
LEGISLATIVE HISTORYH.R. 5482: CONGRESSIONAL RECORD, Vol. 136 (1990): Sept. 24, considered and passed House. Oct. 16, considered and passed Senate, amended. Oct. 22, House concurred in Senate amendment.
104 STAT. 2311
To amend the Public Health Service Act to improve the health of individuals who are ^^ -.gnn members of minority groups and who are from disadvantaged backgrounds, and for _ ' other purposes. LH.R. 5702]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Disadvantaged
SECTION 1. SHORT TITLE AND FINDINGS.
Minority Health Improvement
(a) SHORT TITLE.This Act may be cited as the "Disadvantaged 42ûse 201 note. Minority Health Improvement Act of 1990". OJ) FINDINGS.The Congress finds that 42U8C300u-6 (1) racial and ethnic minorities are disproportionately rep- '^*resented among individuals from disadvantaged backgrounds; (2) the health status of individuals from disadvantaged backgrounds, including racial and ethnic minorities, in the United States is significantly lower than the health status of the general population of the United States; (3) minorities suffer disproportionately high rates of cancer, stroke, heart diseases, diabetes, substance abuse, acquired immune deficiency sjnidrome, and other diseases and disorders; (4) the incidence of infant mortality among minorities is almost double that for the general population; (5) Blacks, Hispanics, and Native Americans constitute approximately 12 percent, 7.9 percent, and 0.01 percent, respectively, of the population of the United States; (6) Blacks, Hispanics, and Native Americans in the United States constitute approximately 3 percent, 4 percent, and less than 0.01 percent, respectively, of physicians, 2.7 percent, 1.7 percent, and less than 0.01 percent, respectively, of dentists, and 4.5 percent, 1.6 percent, and less than 0.01 percent, respectively, of nurses; (7) the number of individuals who are from disadvantaged backgrounds in health professions should be increased for the purpose of improving the access of other such individuals to health services; (8) minority health professionals have historically tended to practice in low-income areas and to serve minorities; (9) minority health professionals have historically tended to engage in the general practice of medicine and specialties providing primary care; (10) reports published in leading medical journals indicate that access to health care among minorities can be substantially improved by increasing the number of minority health professionals; (11) increasing the number of minorities serving on the faculties of health professions schools can be an important factor in attracting minorities to pursue a career in the health professions;
49-139 O - 90 (527)
104 STAT. 2312
PUBLIC LAW 101-527NOV. 6, 1990 (12) diversity in the faculty and student body of health professions schools enhances the quality of education for all students attending the schools; (13) the Report of the Secretary's Task Force on Black and Minority Health (prepared for the Secretary of Health and Human Services and issued in 1985) described the health status problems of minorities, and made recommendations concerning measures that should be implemented by the Secretary with respect to improving the health status of minorities through programs for providing health information and education; and (14) the Office of Minority Health, created in 1985 by the Secretary of Health and Human Services, should be authorized pursuant to statute and should receive increased funding to support efforts to improve the health of individuals from disadvantaged backgrounds, including minorities, including the implementation of the recommendations made by the Secretary's Task Force on Black and Minority Health.
SEC. 2. ESTABLISHMENT OF OFFICE OF MINORITY HEALTH.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following new section:
"ESTABLISHMENT OF OFFICE OF MINORITY HEALTH
42 use 300U-6.
Government contracts. Public information.
"SEC. 1707. (a) I N GENERAL.There is established an Office of Minority Health within the Office of the Assistant Secretary for Health. There shall be in the Department of Health and Human Services a Deputy Assistant Secretary for Minority Health, who shall be the head of the Office of Minority Health. The Secretary, acting through such Deputy Assistant Secretary, shall carry out this section. "(b) DUTIES.The Secretary shall, with respect to the health concerns of individuals from disadvmtaged backgrounds, including racial and ethnic minorities "(1) establish short-range and long-range goals and objectives and coordinate all other activities within the Department of Health and Human Services that relate to disease prevention, health promotion, service delivery, and research concerning such individuals; "(2) enter into interagency agreements with other agencies of the Service to increase the participation of such individuals in health service and promotion programs; "(3) establish a national minority health resource center to facilitate the exchange of information regarding matters relating to health information and health promotion, preventive health services, and education in the appropriate use of health care, to facilitate access to such information, to assist in the analysis of issues and problems relating to such matters, and to provide technical assistance with respect to the exchange of such information (including facilitating the development of materials for such technical assistance); "(4) support research, demonstrations and evaluations to test new and innovative models, to increase knowledge and understanding of health risk factors, and to develop mechanisms that support better information dissemination, education, prevention, and service delivery to individuals from disadvantaged bac^rounds, including racial and ethnic minorities;
104 STAT. 2313
"(5) coordinate efforts to promote minority health progreims Volunteers. and policies in the voluntary and corporate sectors; "(6) develop health information and health promotion materials and teaching programs, including "(A) models for the training of health professionads; "(B) model curriculums to be used in primary and second- Education. ary schools and institutions of higher learning; "(C) materials and programs for the continuing education of health professionals; "(D) materials for public service use by the print and Public information. broadcast media; and "(E) materials and programs to assist health care professionals in providing health education to their patients; and "(7) assist providers of primary health care and preventive health services in obtaining, with respect to the provision of such care and services, the assistance of bilingual health professionals ind other bUingual individuals (including such assistance in the provision of services regarding maternal and child health, nutrition, mental health, and substance abuse).
"(c) CERTAIN REQUIREMENTS REGARDING DUTIES. "(1) EQUITABLE ALLOCATION OF SERVICES.In
carrying out subsection (b), the Secretary shall ensure that services provided under such subsection are equitably allocated among all groups served under this section by the Secretary.
"(2) APPROPRIATE CONTEXT OF SERVICES.In c a n y i n g out
subsection (b), the Secretary shall ensure that information and services provided under such subsection are provided in the langUEige and cultured context that is most appropriate for the individuals for whom the information and services are intended.
"(3) BlUNGUAL A S S I S T A N C E REGARDING HEALTH CARE.In
carrying out subsection (bX7), the Secretary shall give special consideration to the unique linguistic needs of health care providers serving Asians, and American Samoans and other Pacific Islanders, including such needs regarding particular subpopulations of such groups.
"(d) GRANTS AND CONTRACTS REGARDING DUTIES.
"(1) AUTHORITY.In carrjdng out subsection (b), the Secretary may msike grants to, and enter into cooperative agreements ind contracts with, public and nonprofit private entities.
"(2) EVALUATION AND DISSEMINATION.
"(A) The Secretary shall, directly or through contracts with public and private entities, provide for evaluations of projects carried out with financial Eissistance provided under paragraph (1) and for the dissemination of information developed as result of such projects. "(B) Not later than January 20 of fiscal year 1993 and of each second year thereafter, the Secretary shall prepare a report summarizing evaluations carried out under subparagraph (A) during the preceding 2 fiscal years. The report shall be included in the report required in subsection (e) for the fiscd year involved. "(e) REPORTS.Not later than January 31 of fiscal year 1993 and of each second year thereafter, the Secretary shall submit to the CJongress a report describing the activities carried out under this section during the preceding 2 fiscal years.
"(f) FUNDING.
39-194 O - 91 - 31 : QL 3 Part 3
104 STAT. 2314

"(1) AUTHORIZATION OF APPROPRIATIONS.For the purpose of
carrying out this section, there is authorized to be appropriated $25,000,000 for each of the fiscal year 1991 through 1993.
"(2) ALLOCATION OF FUNDS BY SECRETARY.Of the amounts
appropriated under paragraph (1) in excess of $15,000,000, the Secretary shall mgike available not less than $3,000,000 to carry out subsection (bX7).".
SEC. 3. HEALTH SERVICES FOR RESIDENTS OF PUBLIC HOUSING.
Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following new subpart: "Subpart VIHealth Services for Residents of Public Housing
"HEALTH SERVICES FOR RESIDENTS OF PUBUC HOUSING Grant programs. 42 u s e 256a. "SEC. 340A. (a) ESTABUSHMENT.
"(1) The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants for the purpose of enabling grantees, directly or through contracts, to provide to residents of public housing, subject to subsections (e) and (f) "(A) primary health services, including health screenings; and "(B) health counseling and education services. "(2) The Secretary may not make a grant under paragraph (1) unless the applicant for the grant agrees to expend the grant to carry out each of subparagraphs (A) and (B) of such paragraph. "(3) In carrying out the program established in paragraph (1), the Administrator shall consult with the Director of the Centers for Disease Control.
"(b) MINIMUM QUALIFICATIONS OF GRANTEES.
"(1) Subject to paragraph (2), the Secretary may not make a grant under subsection (a) to an applicant unless "(A) the applicant is a public or nonprofit private entity; "(B) the applicant has the capacity to effectively administer a grant under subsection (a); and "(C) in the case of any service under this section that is available pursuant to the State plan approved under title XIX of the Social Security Act for the State in which the service will be provided "(i) the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive pa3mients under such plan; or "(ii) the applicant for the grant will enter into an agreement with a public or nonprofit private organization under which the organization will provide the service, and the organization has entered into such a participation agreement and is quEilified to receive such pa5rments. "(2)(A) In the case of an organization making an agreement pursuant to paragraph (IXCXii) regarding the provision of services under subsection (a), the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the organization does not, in providing services, impose a charge or accept reimbursement available
104 STAT. 2315
from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. "(B) A determination by the Secretary of whether an organization referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the organization accepts voluntary donations regarding the provision of services to the public.
"(c) PREFERENCES IN MAKING GRANTS.The Secretary shall, in
making grants under subsection (a), give preference to qualified applicants that "(1) are resident management corporations under section 20 of the United States Housing Act of 1937; or "(2) are receiving funds under section 330 or 340.
"(d) REQUIREMENT OF MATCHING FUNDS FROM PUBLIC GRANTEES.
"(1) In the case of a public entity applying for a grant under subsection (a), the Secretary may not maJce such a grant unless the public entity agrees that, with respect to the costs to be incurred by such entity in carrying out the purpose described in such subsection, the entity will make available non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided in the grant. "(2) In determining the amount of non-Federal contributions in cash that a public entity heis provided pursuant to paragraph (1), the Secretary may not include any amounts provided to the public entity by the Federal Grovernment.
"(e) REQUIREMENTS REGARDING SERVICES.The Secretary may not
make a grant under subsection (a) to an applicant unless the applicant agrees that the applicant will, directly or through contract "(1) provide services under this section on the premises of public housing projects or at other locations immediately accessible to residents of public housing; "(2) refer such residents, as appropriate, to qualified facilities and practitioners for necessary follow-up services; "(3) provide outreach services to inform such residents of the availability of such services; and "(4) aid such residents in establishing eligibility for assistance, and in obtaining services, under Federal, State, and locEil programs providing health services, mental health services, or social services.
"(f) OPTIONAL PROVISION OF CERTAIN SERVICES. .
'
"(1) A grantee under subsection (a) may expend the grant "(A) to train residents of public housing to provide health screenings and to provide educational services; and "(B) to provide health services to individuals who are not residents of public housing. "(2) The Secretary may not make a grant under subsection (a) unless the applicant for the grgmt agrees that if, pursuant to parEigraph (IXB), the applicant provides health services to individuals who are not residents of public housing, the health services will be provided to such individuals under the same terms and conditions as such services are provided to residents of public housing (including all terms and conditions in effect pursuant to this section).
; | j I !
104 STAT. 2316

"(g) CONSULTATION WITH RESIDENTS.The Secretary may not
make a grant under subsection (a) unless, with respect to the residents of the public housing involved, the applicant for the grant "(1) has consulted with the residents in the preparation of the application for the grant; and "(2) agrees to provide for ongoing consultation with the residents regarding the planning and administration of the program carried out with the grant.
"(h) RESTRICTIONS ON USE OF GRANT FUNDS.
"(1) The Secretary may not, except as provided in paragraph (2), make a grant under subsection (a) to an applicant unless the applicant agrees that amounts received pursuant to such subsection will not, directly or through contract, be expended "(A) for any purpose other than the purposes authorized in this section; "(B) to provide inpatient services; "(C) to make cash payments to intended recipients of services under this section; or "(D) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment or motor vehicles. "(2) If the Secretary finds that the purpose described in subsection (a) cannot otherwise be carried out, the Secretary may, with respect to an otherwise qualified applicant, waive the restriction established in paragraph (1)(D).
"(i) LIMITATION ON CHARGES FOR SERVICES.The Secretary may
not make a grant under subsection (a) to an applicant unless the applicant agrees that, whether the services are provided directly or through contract "(1) services under the grant will be provided without regard to ability to pay for the services; and "(2) if a charge is imposed for the delivery of the services, such charge "(A) will be made according to a schedule of charges that is made available to the public; "(B) will not be imposed on any resident of public housing with an income less than the official poverty level; and "(C) will be adjusted to reflect the income and resources of the resident of public housing involved.
"(j) REQUIREMENTS REGARDING ADMINISTRATION.The Secretary
may not make a grant under subsection (a) to an applicant unless the applicant "(1) agrees to establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant; "(2) agrees to establish an ongoing program of quality assurance with respect to the services provided under the grant; "(3) agrees to ensure the confidentiality of records maintained on residents of public housing that are receiving such services; "(4) with respect to providing services to any population of such residents a substantial portion of which has a limited ability to speak the English language "(A) has developed and has the ability to carry out a reasonable plan to provide services under the grant through individuals who are able to communicate with the
104 STAT. 2317
population involved in the language and cultural context that is most appropriate; and "(B) has designated at least one individual, fluent in both English and the appropriate language, to assist in carr3dng out the plan; and "(5) agrees to submit to the Secretary an annual report that describes the utilization and costs of services provided under the grant and that provides such other information as the Secretary determines to be appropriate,
"(k) LIMITATION ON ADMINISTRATIVE EXPENSES OF GRANTEE.The
Secretary may not make a grant under subsection (a) to an applicant unless the applicant agrees that the applicant will not expend more than 10 percent of amounts received pursuant to such subsection for the purpose of administering the grant. "(1) REQUIREMENT OF APPUCATION.The Secretary may not provide financial assistance under subsection (a) unless "(1) an application for the assistance is submitted to the Secretary; "(2) with respect to carrying out the purpose for which the assistance is to be provided, the application provides assurances of compliance satisfactory to the Secretary; and "(3) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section,
"(m) TECHNICAL ASSISTANCE.
"(1) The Secretary may provide technical assistance to applicants and grantees under subsection (a) regarding the planning, development, and operation of programs to carry out the purpose described in such subsection. The Secretary may provide such technical assistance directly, through contracts, or through grants. "(2) Any technical sissistance provided by the Secretary under paragraph (1) shall be provided without charge to applicants and grantees under subsection (a). "(3) Of the amounts appropriated pursuant to subsection (pXD for a fiscal year, the Secretary may expend not more than $2,000,000 for the purpose of carrjdng out paragraph (1). "(n) ANNUAL REPORTS BY SECRETARY.Not later than January 10 of each year, the Secretary shall submit to the Congress a report describing the utilization and costs of services provided under this section during the immediately preceding fiscal year. "(o) DEFINITIONS.For purposes of this section: "(1) The term 'official poverty level' means the nonfarm income official poverty line defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. "(2) The term 'organization' includes individuals, corporations, partnerships, companies, and issociations. "(3) The term 'primary health services' has the meaning given such term in section 330(bXl). "(4) The term 'public housing' has the meaning given such term in section 3(bXl) of the United States Housing Act of 1937.
"(p) FUNDING.
"(1) For the purpose of carrjdng out this section, there are authorized to be appropriated $35,000,000 for fiscal year 1991,
104 STAT. 2318
PUBLIC LAW 101-527NOV. 6, 1990 and such sums as may be necessary for each of the fiscal years 1992 and 1993. "(2) Amounts received by a grantee pursuant to subsection (a) remaining unobligated at the end of the fiscal year in which the amounts were received shall remain available to the grantee during the succeeding fiscal year for the purpose described in such subsection.".
SEC. 4. REVISIONS IN PROGRAM FOR CENTERS OF EXCELLENCE IN HEALTH PROFESSIONS EDUCATION.
(a) IN GENERAL.Section 782 of the Public Health Service Act (42 U.S.C. 295g-2) is amended to read as follows:
" P R O G R A M S OF EXCELLENCE I N HEALTH PROFESSIONS EDUCATION FOR MINORITIES
Grant programs.
"SEC. 782. (a) IN GENERAL.The Secretary shall make grants to health profession schools described in subsection (c) for the purpose of assisting the schools in supporting programs of excellence in health professions education for minority individuals. "(b) REQUIRED USE OF FUNDS.The Secretary may not make a grant under subsection (a) unless the health professions school involved agrees to expend the grant "(1) to establish, strengthen, or expand programs to enhance the academic performance of minority students attending the school; "(2) to establish, strengthen, or expand programs to increase the number and quality of minority applicants to the school; "(3) to improve the capacity of such school to train, recruit, and retain minority faculty; "(4) with respect to minority health issues, to carry out activities to improve the information resources and curricula of the school and clinical education at the school; and "(5) to facilitate faculty and student research on health issues particularly affecting minority groups.
"(c) CENTERS OF EXCELLENCE. "(1) I N GENERAL.
"(A) The health professions schools referred to in subsection (a) are such schools that meet each of the conditions specified in subparagraph (B), and that "(i) meet each of the conditions specified in paragraph (2XA); "(ii) meet each of the conditions specified in paragraph (3); "(iii) meet each of the conditions specified in paragraph (4); or "(iv) meet each of the conditions specified in paragraph (5). "(B) The conditions specified in this subparagraph are that a health professions school "(i) has a significant number of minority individuals enrolled in the school, including individuals accepted for enrollment in the school; "(ii) has been effective in assisting minority students of the school to complete the program of education and receive the degree involved;
PUBLIC LAW 101-527NOV. 6, 1990 "(iii) has been effective in recruiting minority individuals to attend the school, including providing scholarships and other financial assistance to such individuals and encouraging minority students of secondary educational institutions to attend the health professions school; and "(iv) has made significant recruitment efforts to increase the number of minority individuals serving in faculty or administrative positions at the school. "(C) In the case of any criteria established by the Secretary for purposes of determining whether schools meet the conditions described in subparagraph (B), this section may not, with respect to racial and ethnic minorities, be construed to authorize, require, or prohibit the use of such criteria in any program other than the program established in this section.
"(2) CENTERS OF EXCELLENCE AT CERTAIN HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
104 STAT. 2319
"(A) The conditions specified in this subparagraph are that a health professions school "(i) is a school described in section 701(4); and "(ii) received a contract under section 788B for fiscal year 1987, as such section was in effect for such fiscal year. "(B) In addition to the purposes described in subsection (b), a grant under subsection (a) to a health professions school meeting the conditions described in subparagraph (A) may be expended (i) to develop a plan to achieve institutional improvements, including financial independence, to enable the school to support programs of excellence in health professions education for minority individuals; and "(ii) to provide improved access to the library and informational resources of the school. "(3) HISPANIC CENTERS OF EXCELLENCE.The conditions specified in this subparagraph are that "(A) with respect to Hispanic individuals, each of clauses (i) through (iv) of paragraph (IXB) apply to the health professions school involved; and "(B) the health professions school agree, as a condition of receiving a grant under subsection (a), that the school will, in carrying out the duties described in subsection (b), give priority to carrying out the duties with respect to Hispanic individuals. "(4) NATIVE AMERICAN CENTERS OF EXCELLENCE.The conditions specified in this parsigraph are that (A) with respect to Native Americans, each of clauses (i) through (iv) of paragraph (IXB) apply to the health professions school involved; "(B) the health professions school agree, as a condition of receiving a grant under subsection (a), that the school will, in carrying out the duties described in subsection (b), give priority to carrjdng out the duties with respect to Native Americans; and "(C) the health professions school agree, as a condition of receiving a grant under subsection (a), that
104 STAT. 2320
PUBLIC LAW 101-527NOV. 6, 1990 "(i) the school will establish an arrangement with 1 or more public or nonprofit private institutions of higher education whose enrollment of students has traditionally included a significant number of Native Americans, the purpose of which arrangement will be to c a n y out a program (I) to identify Native American students of the institution who are interested in a career in the health profession or professions involved; and "(ID to facilitate the educational preparation of such students to enter the health professions school; and "(ii) the health professions school will make efforts to recruit Native American students, including students who have participated in the undergraduate program carried out under arremgements established by the school pursuant to subparagraph (A), and will assist Native American students regarding the completion of the educational requirements for a degree from the health professions school. "(5) OTHER CENTERS OF EXCELLENCE.The conditions specified in this paragraph are that a health professions school has an enrollment of underrepresented minorities above the national average for such enrollments of health professions schools.
"(d) DESIGNATION AS CENTER OF EXCELLENCE.
"(1) I N GENERAL.Any health professions school receiving a grant under subsection (a) and meeting the conditions described in paragraph (2) or (5) of subsection (c) shall, for purposes of this section, be designated by the Secretary as a Center of Excellence in Minority Health Professions Education. "(2) HISPANIC CENTERS OF EXCELLENCE.Any health professions school receiving a grant under subsection (a) and meeting the conditions described in subsection (cX3) shall, for purposes of this section, be designated by the Secretary as a Hispanic Center of Excellence in Health Professions Education. "(3) NATIVE AMERICAN CENTERS OF EXCELLENCE.Any health professions school receiving a grant under subsection (a) and meeting the conditions described in subsection (cX4) shall, for purposes of this section, be designated by the Secretary as a Native American Center of Excellence in Health Professions Education. "(e) DURATION OF GRANT.The period during which pa5rments are made under a grant under subsection (a) may not exceed 3 years. Such pajrments shall be subject to annual approval by the Secretary and to the availability of appropriations for the fiscal year involved to make the pajnnents.
"(f) MAINTENANCE OF EFFORT. "(1) NON-FEDERAL FUNDS OF PUBUC SCHOOLS.With respect to
activities for which a grant under subsection (a) is authorized to be expended, the Secretary may not, in the case of a public health professions school, make such a grant to the school for any ^ c a l year unless the school agrees to maintain expenditures of non-Federal amounts for such activities at a level equal to not less than the level of such expenditures maintained by the school for the fiscal year preceding the first fiscal year for which the school applies after fiscal year 1990 to receive such a grant.

"(2) NON-FEDERAL FUNDS OF PRIVATE SCHOOLS.
104 STAT. 2321
"(A) With respect to any non-Federal amounts received by a nonprofit private health professions school and available for carrying out activities for which a grant under subsection (a) is authorized to be expended, the Secretary may not make such a grant to the school for any fiscal year unless, subject to subparagraph (B), the school agrees to maintain expenditures of such non-Federal amounts for such activities at a level equal to not less than the level of such expenditures maintained by the school for the fiscal year preceding the first fiscal year for which the school applies after fiscal year 1990 to receive such a grant. "(B) The Secretary may require a nonprofit private health professions school to comply with an agreement made under subparagraph (A) by the school only to the extent of the level of non-Federal amounts available to the school for the activities to which the agreement applies.
"(3) USE OF FEDERAL FUNDS.With respect to any Federal
amounts received by a health professions school and available for carrjdng out activities for which a grant under subsection (a) is authorized to be expended, the Secretary may not make such a grant to the school for any fiscal year unless the school agrees that the school will, before expending the grant, expend the Federal amounts obtained from sources other than the grant. '(g) DEFINITIONS.For purposes of this section: "(1)(A) The term 'health professions school' means, except as provided in subparagraph (B), a school of medicine, a school of dentistry, or a school of pharmacy. "(B) The definition established in subparagraph (A) shall not apply to the use of the term 'health professions school' for purposes of subsection (c)(2). "(2) The term 'program of excellence' means any program carried out by a health professions school with a grant made under subsection (a), if the program is for purposes for which the school involved is authorized in subsection (b) or (c) to expend the grant, (3) The term 'Native Americans' means American Indians, Alaskan Natives, Aleuts, and Native Hawaiians.
'(h) FUNDING. "(1) AUTHORIZATION OF APPROPRIATIONS.For the purpose of
making grants under subsection (a), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 1993.
"(2) ALLOCATIONS BY SECRETARY.
"(A) Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available the first $12,000,000 for grants under subsection (a) to health professions schools meeting the conditions specified in paragraph (2XA) of subsection (c) (in addition to the conditions specified in paragraph (1)(B) of such subsection); and "(B) Of the amounts appropriated under paragraph (1) for a fiscal year in excess of $12,000,000, the Secretary shall make available the first $2,500,000 for grants under subsection (a) to health professions schools meeting the conditions specified in paragraph (3) or (4) of subsection (c) (in addition to the conditions specified in paragraph (IXB) of such subsection).
104 STAT. 2322
PUBLIC LAW 101-527NOV. 6, 1990 "(3) ADDITIONAL PRIORITIES.In making grants under subsection (a) for a fiscal year from such amounts as are available for the grants after compliance with paragraph (2), the Secretary shall give priority to making grants to health professions schools meeting the conditions specified in any of paragraphs (3) through (5) of subsection (c) (in addition to the conditions specified in paragraph (1)(B) of such subsection).".
SEC. 5. FEDERAL CAPITAL CONTRIBUTIONS TO CERTAIN STUDENT LOAN FUNDS FOR PURPOSES REGARDING DISADVANTAGED INDIVID. UALS.
(a) I N GENERAL.Section 740 of the Public Health Service Act (42 U.S.C. 294m) is amended (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: "(c)(1) With respect to amounts appropriated under subsection (c)(1) of section 742, each agreement entered into under this section with a school shall provide (in addition to the provisions required in subsection (b)) that "(A) any Federal capital contribution made to the student loan fund of the school from such amounts, together with the school contribution appropriate under subsection (b)(2)(B) to the amount of the Federal capital contribution, will be utilized only for the purpose of ' (i) making loans to individuals who are individuals from disadvantaged backgrounds; and "(ii) the costs of the collection of the loins and interest on the loans; and "(B) collections of principal and interest on loans made pursuant to subparagraph (A), and any other earnings of the student loan fund attributable to amounts that are in the fund pursuant to such subparagraph, will be utilized only for the purpose described in such paragraph. "(2) The Secretary may not make a Federal capital contribution for purposes of pareigraph (1) for a fiscEil year unless the health professions school involved "(A) is carrying out a program for recruiting and retaining students from disadvantaged backgrounds, including racial and ethnic minorities; and "(B) is canying out a program for recruiting and retaining minority faculty. "(3) The Secretary may not make a Federal capitil contribution for purposes of parsigraph (1) for a fiscal year unless the health professions school involved agrees "(A) to ensure that adequate instruction regarding minority heedth issues is provided for in the curricula of the school; "(B) with respect to health clinics providing services to a significant number of individuals who are from disadvantaged backgrounds, including members of minority groups, to enter into arrangements with 1 or more such clinics for the purpose of providing students of the school with experience in providing clinical services to such individuals; "(C) with respect to public or nonprofit private secondary educational institutions and undergraduate institutions of higher education, to enter into arrangements with 1 or more such institutions for the purpose of carrying out programs
104 STAT. 2323
regarding the educational preparation of disadvantaged students, including minority students, to enter the health professions and regarding the recruitment of such individuals into the health professions; "(D) to establish a mentor program for assisting disadvantaged students, including minority students, regarding the completion of the educational requirements for degrees from the school; "(E) to be canying out each of the activities specified in any of subparagraphs (A) through (D) by not later than 1 year after the date on which the first Federal capital contribution is made to the school for purposes of paragraph (1); and "(F) to continue carrying out such activities, and the activities specified in subparagraphs (A) and (B) of paragraph (2), throughout the period during which the student loan fund established pursuant to subsection (b) is in operation. "(4) With respect to amounts appropriated under subsection (a) of section 742, Federal capital contributions made pursuant to an agreement under subsection (b) of this subsection to the student loan fund of a school from such amounts, together with the school contributions appropriate under subsection (bX2XB) to the amount of the Federal capital contributions, may be utilized for the purpose of making loans to individuals from disadvantaged backgrounds.'.
(b) DEFINITION WITH RESPECT TO INDIVIDUALS FROM DISADVANTAGED BACKGROUNDS.Section 740 of the Public Health Service Act,
as amended by subsection (a) of this section, is amended by adding at the end the following new subsection: "(e) For purposes of this section, the term 'disadvantaged', with respect to an individual, shall be defined by the Secretary.'. (c) AUTHORIZATION OF APPROPRIATIONS.Section 742 of the Public Health Service Act (42 U.S.C. 294o) is amended by adding at the end the following new subsection: "(cXl) With respect to making Federal capital contributions to student loan funds for purposes of section 740(c), there is authorized to be appropriated for such contributions $15,000,000 for each of the fiscal years 1991 through 1993. "(2) In making Federal capitel contributions to student loan funds for purposes of section 740(c), the Secretory shall give special consideration to health professions schools that have enrollments of underrepresented minorities above the national average for health professions schools.".
SEC. 6. ASSISTANCE PROGRAMS FOR HEALTH PROFESSIONS STUDENTS FROM DISADVANTAGED BACKGROUNDS.
Part C of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended by adding at the end thereof the following new subpart: "Subpart VIAssistance for Students From Disadvantaged Backgrounds
"SEC. 760. GRANTS FOR SCHOLARSHIPS AND OTHER PURPOSES. "(a) ESTABLISHMENT OF PROGRAM. 42 USC 294bb.
"(1) I N GENERAL.The Secretory may make grants to health professions schools for the purpose of assisting such schools, subject to subsection (e), in providing scholarships to individuals who
104 STAT. 2324
PUBLIC LAW 101-527NOV. 6, 1990 "(A) are individuals from disadvantaged backgrounds; and "(B) are enrolled (or accepted for enrollment) as full-time students in such schools. "(2) HEALTH PROFESSIONS SCHOOLS.For purposes of this section, the term 'health professions schools' means schools of medicine, nursing (as schools of nursing are defined in section 853), osteopathic medicine, dentistry, pharmacy, podiatric medicine, optometry, veterinary medicine, public health, or allied health, or schools offering graduate programs in clinical psychology.
"(b) MINIMUM QUAUFICATIONS OF GRANTEES.The Secretary may
not make a grant under subsection (a) unless the health professions school "(1) is carrying out a program for recruiting and retaining students from disadvantaged backgrounds, including racial emd ethnic minorities; and "(2) is carrying out a program for recruiting and retaining minority faculty.
"(c) PREFERENCES IN PROVIDING SCHOLARSHIPS.The Secretary
may not make a grant under subsection (a) unless the health professions school involved agrees that, in providing scholarships pursuant to the grant, the school will give preference to students "(1) who are from disadvantaged backgrounds; or "(2) for whom the costs of attending the school would constitute a severe financigd hardship. "(d) USE OF SCHOLARSHIP.A scholarship provided pursuant to subsection (a) for attendance at a health professions school "(1) may be expended only for tuition expenses, other reasonable educational expenses, and reasonable living expenses incurred in such attendance; and "(2) may not, for any year of such attendance for which the scholarship is provided, provide an amount exceeding the total amount required for the year for the expenses specified in paragraph (1).
"(e) PROVISIONS REGARDING PURPOSES OTHER THAN SCHOLARSHIPS. "(1) AUTHORITY REGARDING ASSISTANCE FOR UNDERGRADU-
ATES.With respect to undergraduates who have demonstrated a commitment to pursuing a career in the health professions, a health professions school may expend not more than 25 percent of a grant under subsection (a) for the purpose of providing financial assistance to such undergraduates in order to facilitate the completion of the educational requirements for such careers.
"(2) REQUIRED ACTIVITIES OF SCHOOL.The Secretary may not
make a grant under subsection (a) unless the health professions school involved agrees "(A) to ensure that adequate instruction regarding minority health issues is provided for in the curricula of the school; "(B) with respect to health clinics providing services to a significant number of individuals who are from disadvantaged backgrounds, including members of minority groups, to enter into arrangements with 1 or more such clinics for the purpose of providing students of the school with experience in providing clinical services to such individuals;
104 STAT. 2325
"(C) with respect to public or nonprofit secondary educational institutions and undergraduate institutions of higher education, to enter into arrangements with 1 or more such institutions for the purpose of carrying out programs regarding the educational preparation of disadvantaged students, including minority students, to enter the health professions and regarding the recruitment of such students into the health professions; "(D) to establish a mentor program for assisting disadvantaged students, including minority students, regarding the completion of the educational requirements for degrees from the school; "(E) to be carrjdng out the activities specified in subparagraphs (A) through (D) by not later than 1 year after the date on which a grant under subsection (a) is first made to the school; and "(F) to continue carrjdng out such activities, and the activities specified in paragraphs (1) and (2) of subsection (b), throughout the period during which the school is receiving a grant under subsection (a).
"(3) RESTRICTIONS ON USE OF GRANT.The Secretary may not
make a grant under subsection (a) for a fiscal year unless the health professions school involved agrees that the grant will not be expended to carry out the activities specified in paragraph (1) or (2) of subsection (b), or in any of subparagraphs (A) through (D) of paragraph (2) of this subsection. "(f) REQUIREMENT OF APPUCATION.The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
"(g) FUNDING. "(1) AUTHORIZATION OF APPROPRIATIONS.To
carry out subsection (a), there are authorized to be appropriated $17,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 and 1993. "(2) AixocATiONS BY SECRETARY.In making grsmts under subsection (a), the Secretary "(A) shall make available 30 percent for grants under subsection (a) to health professions schools agreeing to expend the grants only for scholarships under such subsection for nurses; and "(B) shall give special consideration to health professions schools that have enrollments of underrepresented minorities above the national average for health professions schools.
42 USC 294cc. Government
"SEC. 761. LOAN REPAYMENT PROGRAM REGARDING SERVICE ON FACULTIES OF CERTAIN HEALTH PROFESSIONS SCHOOLS. "(a) ESTABUSHMENT OF PROGRAM.The S e c r e t a r y s h a l l e s t a b l i s h a
program of entering into contracts with individuals described in contracts. subsection (b) under which the individuals agree to serve as members of the faculties of schools described in subsection (c) in consideration of the Federal Government agreeing to pay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of such individuals.
39-194 O - 91 - 33 : QL 3 Part 3
104 STAT. 2326
"(b) EuGiBLE INDIVIDUALS.The individuals referred to in subsection (a) are individuals from disadvantaged backgrounds who "(1) have a degree in medicine, osteopathic medicine, dentistry, or another health profession; "(2) are enrolled in an approved graduate training program in medicine, osteopathic medicine, dentistry, or other health profession; or "(3) are enrolled as a full-time student "(A) in an accredited (as determined by the Secretary) school described in subsection (c); and "(B) in the final year of a course of a study or program, offered by such institution and approved by the Secretary, leading to a degree from such a school.
"(c) EuGiBLE HEALTH PROFESSIONS SCHOOL.The schools described
in this subsection are schools of medicine, nursing (as schools of nursing are defined in section 853), osteopathic medicine, dentistry, pharmacy, podiatric medicine, optometry, veterinary medicine, or public health, or schools offering graduate programs in clinical psychology.
"(d) ADDITIONAL LIMITATION ON AMOUNT OF REPAYMENTS.Pay-
ments made by the Secretary under subsection (a) regarding the educational loans of an individual may not, for any year for which the payments are made, exceed an amount equal to 50 percent of the principal and interest due on such loans for such year. "(e) REQUIREMENTS REGARDING FACULTY POSITIONS.The Secretary may not enter into a contract under subsection (a) unless "(1) the individual involved has entered into a contract with a school described in subsection (c) to serve as a member of the faculty of the school for not less than 2 years; and "(2) the contract referred to in paragraph (1) provides that "(A) the school will, for each year for which the individual will serve as a member of the faculty under the contract with the school, make payments of the principal and interest due on the educational loans of the individual for such year in an amount equal to the amount of such payments made by the Secretary for the year; and (B) the pajrments made by the school pursuant to subparagraph (A) on behalf of the individual will be in addition to the pay that the individual would otherwise receive for serving as a member of such faculty.
"(f) WAIVER REGARDING SCHOOL CONTRIBUTIONS.The Secretary
may waive the requirement established in subsection (eX2) if the Secretary determines that the requirement will impose an undue financial hardship on the school involved. If the Secretary grants such a waiver, subsection (d) shall not apply with respect to the individual involved. "(g) APPUCABILITY OF CERTAIN PROVISIONS.The provisions of sections 338B, 338C, and 338E shall apply to the program established in subsection (a) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III, including the applicability of provisions regarding reimbursements for increased tax liability and regarding bankruptcy. "(h) AUTHORIZATION OF APPROPRIATIONS.To carry out this section, there are authorized to be appropriated $4,000,000 for each of the fiscal years 1991 through 1993.".
104 STAT. 2327
SEC. 7. REVISION AND EXTENSION OF PROGRAM FOR NATIONAL CENTER FOR HEALTH STATISTICS. (a) ANNUAL COLLECTION OF DATA, (1) DATA FROM RECORDS OF BIRTHS, DEATHS, ET CETERA, AMONG
CERTAIN POPULATIONS.Section 306(h) of the Public Health Service Act (42 U.S.C. 242k(h)) is amended by inserting after the second sentence the following new sentence: "The Secretary shall encourage States and registration areas to obtain detailed data on ethnic and racial populations, including subpopulations of Hispanics, Asian Americans, and Pacific Islanders with significant representation in the State or registration area.".
(2) DATA FROM SAMPLE REGARDING HEALTH, ILLNESS, AND
DISABILITY STATUS.Section 306(h) of the Public Health Service Act (42 U.S.C. 242k(h)), as amended by paragraph (1), is amended (A) by inserting "(1)" after the subsection designation; and (B) by adding at the end the following new paragraph: "(2) There shall be an annual collection of data from a statistically valid sample concerning the general health, illness, and disability status of the civilian noninstitutionalized population. Specific topics to be addressed under this paragraph, on an annual or periodic basis, shall include the incidence of illness and accidental injuries, prevalence of chronic diseases and impairments, disability, physician visits, hospitalizations, and the relationship between demographic and socioeconomic characteristics and health characteristics.".
(b) (COLLECTION OF DATA SPECIFIC TO PARTICULAR POPULATIONS.
(1) IN GENERAL.Section 306 of the Public Health Service Act (42 U.S.C. 242k) is amended (A) by redesignating subsection (m) as subsection (o); and (B) by inserting after subsection (1) the following new subsections: "(m) In canying out this section, the Secretary, acting through the (Denter, shall collect and analyze adequate health data that is specific to particular ethnic and racial populations, including data collected under national health surveys. Activities carried out under this subsection shall be in addition to any activities carried out under subsection (n). "(nXl) The Secretary, acting through the CJenter, may make grants to public and nonprofit private entities for "(A) the conduct of special surveys or studies on the health of ethnic and racial populations or subpopulations; "(B) analysis of data on ethnic and racial populations and subpopulations; and "(C) research on improving methods for developing statistics on ethnic and racial populations and subpopulations. "(2) The Secretary, acting through the Center, may provide technical assistance, standards, and methodologies to grantees supported by this subsection in order to maximize the data quality and comparability with other studies. "(3) Provisions of section 308(d) do not apply to surveys or studies conducted by grantees under this subsection unless the Secretary, in accordance with regulations the Secretary may issue, determines that such provisions are necessary for the conduct of the survey or
104 STAT. 2328
study and receives adequate assurance that the grantee will enforce such provisions.".
(2) APPLICATION AND PEER REVIEW.Section 308(bX2) of the
Public Health Service Act (42 U.S.C. 242m(bX2)) is amended (A) in subparagraph (A), in the first sentence, bv inserting after "demonstration project," the following: ' or for a grant under section 306(n),"; and (B) in subparagraph (C), by inserting before the period at the end the following: ", except that peer review groups regarding grants under section 306(n) may include appropriately qualified such officers and employees".
(c) AUTHORIZATION OF APPROPRIATIONS.Section 306(o), as redesig-
nated by subsection (b) of this section, is amended to read as follows: "(oXl) For health statistical and epidemiological activities undertaken or supported under subsections (a) through (m), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 1993. "(2) For activities authorized in subsection (n), there are authorized to be appropriated $5,000,000 for fiscal year 1991, $7,500,000 for fiscal year 1992, and $10,000,000 for fiscal year 1993. Of such amounts, the Secretary shall use not more than 10 percent for administration and for activities described in subsection (nX2).".
(d) REPEAL OF CERTAIN RESTRICTION ON FUNDING.Section
308(bX3) of the Public Health Service Act (42 U.S.C. 242m(3)) is repealed.
SEG. 8. DEMONSTRATION GRANTS TO STATES FOR COMMUNITY SCHOLARSHIP PROGRAMS.
Subpart III of part D of title III of the Public Health Service Act (42 U.S.C 241 et seq.) is amended by inserting before subpart IV of such part the following new section:
42 u s e 254u. "SEC. 338L. DEMONSTRATION GRANTS TO STATES FOR COMMUNITY SCHOLARSHIP PROGRAMS.
"(a) I N GENERAL.The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to States for the purpose of canying out demonstration programs to increase the availability of primary health care in urban and rural health manpower shortage areas through assisting community organizations of such areas in educating individuals to serve as health professionals in such areas.
"0>) CERTAIN REQUIREMENTS FOR STATES. "(1) MINIMUM QUALIFICATIONS.The Secretary
may not make a grant under subsection (a) unless the State involved will, under any provision of this Act other than subsection (a), receive 1 or more grants, cooperative agreements, or contracts for the fiscal year for which the State is appl5dng pursuant to subsection (h) to receive a grant under subsection (a).
"(2) ADMINISTRATION OF PROGRAM.The Secretary may not
make a grant under subsection (a) unless the State involved agrees that the program carried out by the State with the grant will be administered directly by a single State agency.
"(c) GRANTS BY STATES TO COMMUNITY ORGANIZATIONS FOR PROVISION OF SCHOLARSHIP CONTRACTS.The Secretary may not make a
grant under subsection (a) unless the State involved agrees, subject to subsections (d) and (e), to carry out the purpose described in subsection (a) only through operating a program in which the State
104 STAT. 2329
makes grants to community organizations located in health manpower shortage areas in order to assist the organizations with the costs of entering into contracts under which "(1) the community organizations agree to provide scholarships to individuals for attendance at hesdth professions schools; and "(2) the individuals agree to provide, in the health manpower shortage areas in which the community organizations are located, primary health care for "(A) a number of years equal to the number of years for which the scholarships are provided, or for a period of 2 years, whichever period is greater; or "(B) such greater period of time as the individuals and the community organizations may agree.
"(d) REQUIREMENT OF STATE AND LOCAL MATCHING FUNDS.
"(1) I N GENERAL.With respect to the costs of providing any scholarship pursuant to subsection (c), the Secretary may not make a grant under subsection (a) unless the State involved agrees that "(A) 40 percent of the costs of the scholarship will be paid from the grant made under subsection (a) to the State; and "(B) 60 percent of such costs will be paid from nonFederal contributions made in cash by both the State and the community organization through which the scholarship is provided, subject to "(i) the State making available through such contributions not less than 15 percent, nor more than 25 percent, of such costs; and "(ii) the community organization making available through such contributions not less than 35 percent, nor more than 45 percent, of such costs.
"(2) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBU-
TIONS.The Secretary may not make a grant under subsection (a) unless the State involved agrees that, in determining the amount of non-Federal contributions that have been provided in cash for purposes of paragraph (1), the State will not include any amounts provided by the Federal Government to the State or community organization involved, or to any other entity. "(3) USE OF DONATIONS.Non-Federal contributions required in paragraph (1) may be provided directly by the State and community organization involved, and may be provided through donations from public and private entities. "(e) SPECIFICATIONS REGARDING SCHOLARSHIP CONTRACT.The Secretary may not make a grant under subsection (a) unless the State involved agrees that the State will make a grant to a community organization for a contract described in subsection (c) only if "(1) the individual who is to receive the scholarship under the contract is a resident of the health manpower shortage area in which the community organization is located; "(2) the individual is enrolled or accepted for enrollment as a full-time student in a health professions school that is approved by the Secretary for purposes of this section; "(3) the individual agrees to maintain an acceptable level of academic standing at the school (as determined by the school in accordance with regulations issued by the Secretary for purposes of section 338A(fKlXBXiii));
104 STAT. 2330
"(4) the individual and the community organization agree that the scholarship provided pursuant to the contract "(A) will be expended only for *Xi) tuition expenses, other reasonable educational expenses, and reasonable living expenses incurred in attendance at the school; and "(ii) payment to the individual of a monthly stipend of not more than the amount authorized for purposes of section 338A(gXlXB); and "(B) will not, for any year of such attendance for which the scholarship is provided, be in an amount exceeding the total amount required for the year for the purposes authorized in subparagraph (A); "(5) the individual agrees to meet the educational and licensure requirements necessary to be a physician, certified nurse practitioner, certified nurse midwife, or physician assistant; and "(6) the individual agrees that, in providing primary health care pursuant to the scholarship, the individusd "(A) will not, in the case of an individual seeking such care, discriminate against the individual on the basis of the ability of the individual to pay for such care or on the basis that pajnnent for such care will be made pursuant to the program established in title XVIII of the Social Security Act or pursuant to the program established in title XIX of such Act; and "(B) will accept assignment under section 1842(bX3XBXii) of the Social Security Act for all services for which pajnment may be made under part B of title XVIII of such Act, and will enter into an appropriate agreement with the State agency that administers the State plan for medical assistance under title XIX of such Act to provide service to individuals entitled to medical assistance under the plan. "(f) REPORTS TO SECRETARY.The Secretary may not make a grant under subsection (a) unless the State involved agrees "(1) for each fiscal year for which such a grant is received by the Stete, to submit to the Secretary a report "(A) identifying the community organizations providing scholarships pursuant to subsection (c) and the health manpower shortage areas in which the organizations are located; "(B) providing the names of individuals receiving the scholarships, the health professions in which the individuals will engage pursuant to the scholarships, the number of years of service the individuals are obligated to provide pursuant to the scholarships, and the extent of compliance with the contracts under subsection (c) on the part of the individuals and the community organizations; and "(C) providing such information as the Secretary may determine to be necessary for carrying out this section; and "(2) to submit each such report not later than January 10 of the fiscal year immediately following the fiscal year for which the report is prepared.
"(g) ESTIMATES REGARDING ALLOCATIONS BETWEEN URBAN AND RURAL AREAS.The Secretary may not make a grant under subsec-
tion (a) unless the State involved submits to the Secretary, as part of the application required in subsection (h), an estimate of the amount of the grant that will be expended r ^ a r d i i ^ the provision of
104 STAT. 2331
primary health care in urbin health manpower shortage areas of the State, and an estimate of the amount of the grant that will be expended regarding the provision of such care in rural health manpower shortage areas of the State. "(h) REQUIREMENT OF APPUCATION.The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
"(i) NONCOMPUANCE.
"(1) IN GENERAL.The Secretary may not make pajonents under subsection (a) to a State for any fiscal year subsequent to the first fiscal year of such pa3anents unless the Secretary determines that, for the immediately preceding fiscal year, the State has complied with each of the agreements made by the State under this section.
"(2) REDUCTION IN GRANT RELATIVE TO NUMBER OF BREACHED CONTRACTS.
/ /
"(A) Before making a grant under subsection (a) to a State for a fiscal year, the Secretary shall determine the number of contracts provided under subsection (c) with respect to which there has been an initial breach by the community organizations or individuals involved during the fiscal year preceding the fiscal year for which the State is appl5dng to receive the grant. "(B) In the case of a State with 1 or more initial breaches for purposes of subparagraph (A), the Secretary shall reduce the amount of a grant under subsection (a) to the State for the fiscal year involved by an amount equal to the sum of "(i) an amount equal to the expenditures of Federal funds made regarding the contracts involved; and "(ii) an amount representing interest on the amount of such expenditures, determined with respect to each contract on the basis of the maximum legal rate prevailing for loans made during the time amounts were paid under the contract, as determined by the Treasurer of the United States. "(C) If a State is not receiving a grant under subsection (a) for a fiscal year for which a reduction under subparagraph (B) would have been made in the event that the State had received such a grant, the Secretary shall reduce the amount of payments due to the State under other grants, cooperative agreements, or contracts under this Act by the amount specified in such subparagraph. "(D) With respect to contracts provided under subsection (c), the Secretary may carry out this paragraph on the basis of information submitted by the States involved, or on the basis of information collected through such other means as the Secretary determines to be appropriate.
"(j) REPORTS TO CONGRESS.
"(1) I N GENERAL.Each fiscal year the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report summarizing information
104 STAT. 2332

received by the Secretary under subsection (f) for the preceding fiscal year.
"(2) DATE FOR SUBMISSION.With respect to a fiscal year, the
District of Columbia.
report required in paragraph (1) shall be submitted for purposes of such paragraph by not later than the date on which the report required in section 338A(i) is required to be submitted for purposes of such section, "(k) DEFINITIONS.For purposes of this section: "(1) COMMUNITY ORGANIZATION.The term 'community organization' means a public or nonprofit private entity. (2) PRIMARY HEALTH CARE.The term 'primary health care' means health services regarding family medicine, internal medicine, pediatrics, or obstetrics and gynecology, that are provided by physicians, certified nurse practitioners, certified nurse midwives, or physician assistants. "(3) STATE.'The term 'State' means each of the several States and the District of Columbia.
"G) FUNDING. "(1) AUTHORIZATION OF APPROPRIATIONS.For the purpose of
making grants under subsection (a), there are authorized to be appropriated $5,000,000 for fiscal year 1991, $10,000,000 for fiscal year 1992, and such sums as may be necessary for fiscal year 1993. "(2) AVAILABILITY.Amounts appropriated under paragraph (1) shall remain available untU expended.
"(3) ALLOCATIONS FOR RURAL AREAS.
Reports.
"(A) In canying out subsection (a), the Secretary shall, to the extent practicable, ensure that not less than 50 percent of the amounts appropriated under paragraph (1) are, in the aggregate, expended for making grants pursuant to subsection (c) to community organizations that are located in rural health manpower shortage areas. "(B) Subparagraph (A) may not be construed to prohibit the Secretary from making grants under subsection (a) to States in which no rural health manpower shortage areas are located. "(C) With respect to any fiscal year for which the Secretary is unable to comply with subparagraph (A), the Secretary shall, not later than April 1 of the sulxsequent fiscal year, submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report stating the fact of such noncompliance and an explanation of the reasons underlying such noncompliance.".
SEC. 9. COMMUNITY AND MIGRANT HEALTH CENTERS. (a) COMMUNITY HEALTH CENTERS. (1) PARALLEL STATUS WITH MIGRANT HEALTH CENTERS REGARDING CERTAIN SERVICES.Section 330 of the Public Health Service
Act (42 U.S.C. 254c) is amended (A) in subsection (aX5), by amending such section to read as follows: "(5) information on the availability and proper use of health services and services which promote and facilitate optimal use of health services, including, if a substantial number of the individuals in the population served by a center are of limited English-speaking ability, the services of appropriate personnel
104 STAT. 2333
fluent in the language spoken by a predominant number of such individuals, and , and (B) in subsection (bX2) (i) in subparagraph (L), by adding "and" after the semicolon at the end; and (ii) by striking subparsigraph (M) and redesignating subparagraph (N) as subparagraph (M). (2) AUTHORIZATION OF APPROPRIATIONS.Section 330(g) of the Public Health Service Act (42 U.S.C. 254cO?)) is amended (1) in paragraph (IXA) (A) by striking "1989 and" and inserting "1989,"; and (B) by inserting before the period the following: ", and such sums as may be necessary for each of the fiscsd years 1992 through 1994"; and (2) in paragraph (2XA) (A) by striking "and" after "1990,"; and (B) by inserting before the period the following: ", and such sums as may be necessary for each of the fiscal years 1992 through 1994".
(b) AUTHORIZATION OF APPROPRIATIONS FOR MIGRANT HEALTH CEN-
TERS.Section 329(h) of the Public Health Service Act (42 U.S.C. 254b(h)) is amended (1) in paragraph (IXA) (A) by striking "1989 and" and inserting "1989,"; and (B) by inserting before the period the following: ", and such sums as may be necessary for each of the fiscal years 1992 through 1994"; and (2) in paragraph (2XA) (A) by striking "and" after "1990,"; and (B) by inserting before the period the following: ", and such sums as may be necessary for each of the fiscal years 1992 through 1994".
SEC. 10. GRANTS FOR HEALTH SERVICES FOR PACIFIC ISLANDERS. 42 USC 254c-l.
(a) GRANTS.The Secretary of Health and Human Services (hereafter in this section referred to as the "Secretary") shall provide grants to, or enter into contracts with, public or private nonprofit agencies that have demonstrated experience in serving the health needs of Pacific Islanders living in the Territory of American Samoa, the Commonwealth of Northern Mariana Islands, the Territory of Guam, the Republic of the Marshall Islands, the Republic of Palau, and the Federated States of Micronesia. (b) USE OF GRANTS OR CONTRACTS.Grants or contracts made or entered into under subsection (a) shall be used, among other items (1) to continue, as a priority, the medical officer training program in Pohnpei, Federated States of Micronesia; (2) to improve the quality and availability of health and mental health services and systems, with an emphasis therein on preventive health services and health promotion programs and projects, including improved health data systems; (3) to improve the quality and availability of health manpower, including programs and projects to train new and upgrade the skills of existing health professionals by (A) establishing dental officer, dental assistant, nurse practitioner, or nurse clinical specialist training programs; (B) providing technical training of new auxiliary health workers;
104 STAT. 2334
Hawaii.
(C) upgrading the training of currently employed health personnel in special areas of need; (D) developing long-term plans for meeting health profession needs; (E) developing or improving programs for faculty enhancement or post-doctoral training; and (F) providing innovative health professions training initiatives (including scholarships) targeted toward ensuring that residents of the Pacific Basin attend and graduate from recognized health professional programs; (4) to improve the quality of health services, including laboratory, x-ray, and pharmacy, provided in ambulatory and inpatient settings through quality assurance, standard setting, and other culturally appropriate means; (5) to improve facility and equipment repair and maintenance systems; (6) to improve alcohol, drug abuse, and mental health prevention and treatment services and systems; (7) to improve local and regional health planning systems; and (8) to improve basic local public health systems, with particular attention to primary care ind services to those most in need. No funds under subsection (b) shall be used for capital construction. (c) ADVISORY COUNCIL.The Secretary of Health and Human Services shall establish a "Pacific Health Advisory Council" which shall consist of 12 members and shall include (1) the Directors of the Health Departments for the entities identified in subsection (a); and (2) 6 members, including a representative of the Rehabilitation Hospital of the Pacific, representing organizations in the State of Hawaii actively involved in the provision of health services or technical assistance to the entities identified in subsection (a). The Secretary shall solicit the advice of the Governor of the State of Hawaii in appointing the 5 Council members in addition to the representative of the Rehabilitation Hospital of the Pacific from the State of Hawaii. The Secretary shall be responsible for providing sufficient staff support to the Council. (d) ADVISORY COUNCIL FUNCTIONS.The Council shall meet at least annually to (1) recommend priority areas of need for funding by the Public Health Service under this section; and (2) review progress in addressing priority areas and make recommendations to the Secretary for needed program modifications. (e) REPORT.The Secretary, in consultation with the Council, shall annually prepare and submit to the appropriate committees of Congress a report describing the expenditure of the funds authorized to be appropriated under this section and any recommendations that the Secretary may have. (f) AUTHORIZATION OF APPROPRIATION.There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 1991 through 1993.
SEC. 11. MISCELLANEOUS PROVISIONS.
Section 639 of Public Law 100-607 (42 U.S.C. 292h note) is repealed.

SEC. 12. EFFECTIVE DATE.
104 STAT. 2335

42 USC 242k note.
This Act and the amendments made by this Act shall take effect October 1, 1990, or upon the date of the enactment of this Act, whichever occurs later. Approved November 6, 1990.
LEGISLATIVE HISTORYH.R. 5702: HOUSE REPORTS: No. 101-804 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 10, considered and passed House. Oct. 16, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 6, Presidential statement.
104 STAT. 2336
Public Law 101-528 101st Congress Joint Resolution

Nov. 6, 1990 [H.J. Res. 525] Designating November 18 through 24, 1990, "National Family Caregivers Week".
Whereas the number of Americans who are age 65 or older is growing; Whereas there has been an unprecedented increase in the number of persons who are age 85 or older; Whereas the incidence of fraility and disability increases among persons of advanced age; Whereas approximately 5,200,000 older persons have disabilities that leave them in need of help with their daily tasks, including food preparation, dressing, and bathing; Whereas families provide older persons help with such tasks, in addition to providing between 80 and 90 percent of the medical care, household maintenance, transportation, and shopping needed by older persons; Whereas fsimilies who give care to older persons face many additional expenses, including the costs of home modifications, equipment rental, and additional heating; Whereas 80 percent of disabled elderly persons receive care from their family members, most of whom are their 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 emiount of 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 contributions of family caregivers help maintain strong family ties and assure 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, belt Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That November 18-24, 1990, is designated "National Family Caregivers Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate programs, ceremonies, and activities. Approved November 6, 1990.
LEGISLATIVE HISTORYH.J. Res. 525: CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 16, considered and passed House. Oct. 17, considered and passed Senate.
49-139 O - 90 (528)
PUBLIC LAW 101-529NOV. 6, 1990 Public Law 101-529 101st Congress Joint Resolution
To designate November 16, 1990, as "National Federation of the Blind Day".
104 STAT. 2337
Nov. 6, 1990 [H.J. Res. 667]
Whereas the National Federation of the BHnd was established in Wilkes Barre, Pennsylvania, on November 16,1940; Whereas the Federation is the largest organization for blind people in the United States; Whereas the Federation was founded to provide a sense of security, equality, and opportunity, and an outlet for self-expression for the blind; Whereas the Federation has over 50,000 members, national chapters in every State and the District of Columbia, and local chapters in almost every community; Whereas the founders of the Federation, who are themselves blind, have been instrumental in instilling hope and self-assurance in the blind and in improving the public image of blind people; Whereas programs conducted by the Federation assist the blind in obtaining and performing jobs and becoming productive members of society; and Whereas the many functions, activities, and programs of the Federation have provided significant benefits to the blind and to the Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That November 16, 1990, is designated as "National Federation of the Blind Day", and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe the day with appropriate ceremonies and activities. Approved November 6, 1990.
LEGISLATIVE HISTORYH.J. Res. 667 (S.J. Res. 383): CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 18, considered and passed House. Oct. 23, considered and passed Senate.
49-139 O - 90 (529)
104 STAT. 2338

N V 6 1990 ' [S. 1890] '^ eimend title 5, United States Code, to provide relief from certain inequities remEiining in the crediting of National Guard technician service in connection with gjyjj service retirement, and for other purposes.
Government
employees.
SECTION 1. ELIMINATION OF POST-1968 SERVICE AS A PREREQUISITE TO RETIREMENT CREDIT.
Section 83320)) of title 5, United States Code, relating to creditable service, is amended by striking out "Service referred to in paragraph (6) is allowable only in the case of persons performing service under section 709 of title 32 after December 31,1968."
SEC. 2. ELIMINATION OF POST-1968 SERVICE AS A PREREQUISITE TO RECEIVING CREDIT FOR PURPOSES OF CERTAIN OTHER BENEFITS.
Section 3(c) of the National Guard Technicians Act of 1968 (82 Stat. 757; 32 U.S.C. 709 note) is amended by striking out the last sentence.
5 u s e 8332 note. SEC. 3. APPLICABILITY. (a) RULE FOR SECTION 1. (1) GENERAL RULE.
(A) ELIGIBILITY.Except as provided in paragraph (2), the amendment made by section 1 applies only with respect to individuals who (i) separate from employment with the Government on or after the date of enactment of this Act; and (ii) make an appropriate deposit, in accordance with section 8334(c) or 8411(f) of title 5, United States Code (as appropriate), for additional service that is creditable under such amendment. (B) DEPOSIT.Any such deposit (i) shall include interest, which shall be computed under section 8334(e) of such title (except that the rate of interest shall be 3 percent a year) from the midpoint of the period of additional service to the date deposit is made; and (ii) shall be made before date of retirement.
(2) EXCEPTION. (A) RULE FOR INDIVIDUALS SEPARATING AFT^R DECEMBER 31, 1968, AND BEFORE THE ENACTMENT OF THIS ACT.In the
case of any individual who (i) was employed under section 709 of title 32, United States Code, relating to NationsQ Guard technicians, or any prior corresponding provision of law, before January 1,1969, and
104 STAT. 2339
(ii) was separated from employment with the Government on or after January 1,1969, and before the date of enactment of this Act, any annuity under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, based on such individual's service (as defined in section 8331(12) or 8401(26) of such title, as applicable) shall be determined or redetermined to take into account the amendment made by section 1, if application therefor is received by the Office of Personnel Management within 1 year after the date of enactment of this Act, and an appropriate deposit is made for any additional service that is creditable under such amendment. Any such deposit shall be computed, and must be paid either in a lump sum at the time of application or in installments over the 2-year period which begins on the date of application, or such shorter period as the Office may by regulation prescribe.
(B) EARUER PAYMENTS NOT AFFECTED BY RECOMPUTA-
TiON.Any change in an annuity resulting from a redetermination under subparagraph (A) shall apply only with respect to monthly payments accruing after the date the deposit required under subparagraph (A) is made (or, if payments are to be made in installments, after an agreement has been entered into regarding the manner in which such payments will be made).
(3) PAYMENT BY SURVIVORS.For the purpose of survivor
annuities, any deposit or installment pa3anent required by paragraph (1) or (2) relating to service of an individual may also be made by a survivor of such individual, (b) RULE FOR SECTION 2. 32 use 709 note. (1) GENERAL RULE.Except as provided in paragraph (2), the amendment made by section 2 applies only with respect to an individual performing service as an officer or employee of the Government on or after the date of enactment of this Act and only to determine (A) any annual leave accruing under section 6303 of title 5, United States Code, to the individual on or after such date; and (B) the individual's length of service for the purposes of entitlement to Federal employee death and disability compensation, group life insurance and health benefits, severance pay, tenure, and status.
(2) EXCEPTION. (A) RULE FOR INDIVIDUALS SEPARATING AFTER DECEMBER 31, 1968, AND BEFORE THE ENACTMENT OF THIS ACT.The
amendment made by section 2 of this Act applies with respect to any individual who separated from Government employment after December 31,1968, and before the date of the enactment of this Act, for the purpose of determining whether such individual satisfies the length of service requirement under section 8901(3XA) of title 5, United States Code (relating to the definition of the term "annuitant", as in effect at the time of such individual's separation) for the purposes of chapter 89 of such title.
(B) CONDITIONS FOR ENROLLING IN A HEALTH BENEFITS
PLAN.Any individual who satisfies the length of service requirement referred to in subparagraph (A) as a result of
104 STAT. 2340
PUBLIC LAW 101-530NOV. 6, 1990 the application of the amendment made by section 2 shall be enrolled in a health benefits plan (described in section 8903 of such title) of such individual's choice, if (i) application for enrollment is received by the Office of Personnel Management within one year after the date of the enactment of this Act; and (ii) such individual would have qualified under section 89050)X1) of such title at the time of such individual's separation.
5 u s e 8332 note.
SEC. 4. REGULATIONS.
The Office of Personnel Management shall prescribe any regulations necessary for the implementation of this Act. Approved November 6, 1990.
LEGISLATIVE HISTORYS. 1890: CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 10, considered and passed Senate. Oct 22, considered and passed House.
104 STAT. 2341
To transfer the responsibility for operation and maintenance of Highway 82 Bridge at Greenville, Mississippi, to the States of Mississippi and Arkansas.
?c o'naoi [- ^^^î
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) all the authorities conferred upon the city of Greenville, Mississippi, and Washington County, Mississippi, by the Act of June 14, 1938 (52 Stat. 681) to operate and maintain a bridge across the Mississippi River (known as the Greenville/Lake Village Bridge or the "Highway 82 Bridge") are transferred, upon the certification required by subsection (b), to the State Highway Commissions of Mississippi and Arkansas, acting jointly. (b) Whenever the Secretary of Transportation determines that the States of Mississippi and Arkansas have entered into a suitable agreement for the continued operation and maintenance of the Highway 82 Bridge at Greenville, Mississippi, the Secretary shall so certify to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. Approved November 6, 1990.
LEGISLATIVE HISTORYS. 3062: CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 4, considered and passed Senate. Oct. 22, considered and passed House.
49-139 O - 90 (531)
104 STAT. 2342
Public Law 101-532 101st Congress Joint Resolution

Nov- 7, 1990 [H.J. Res. 669] rpjj salute and congratulate the people of Poland as they commemorate the twohundredth anniversary of the adoption of the Polish Constitution on May 3, 1991.
Whereas, the Polish Constitution of 1791 was designed to protect Poland's sovereignty and national unity, and replaced a feudal system of rule in Poland with a progressive constitutional monarchy; Whereas, the Polish Constitution secured individual freedom for all persons in Poland and guaranteed religious tolerance by assuring "to all persuasions and religions freedom and liberty", and formed a government composed of three distinct powers: Legislative, Executive, and Judicial, while declaring that "all power in civil society should be derived from the will of the people"; Whereas, the Polish Constitution revitalized the parliamentary system by placing preeminent lawmaking power in a House of Deputies, by subjecting the legislative Diet to majority rule, and by granting the Diet the power to remove ministers, appoint commissars, and choose magistrates; Whereas, the Polish Constitution provided for significant economic, social, and political reforms for its time by removing inequalities between the nobility and bourgeois, recognizing town residents as "freemen" that had judicial autonomy and expanded rights, and extending the protection of law to the peasantry, which previously had no recourse against the arbitrary action of feudal lords; and Whereas, the principles of the Polish Constitution endured and became the symbol around which a powerful new national consciousness was born, helping the Polish nation to survive long periods of misfortune over the next two centuries: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the people of the United States of America salute and congratulate the people of Poland as they commemorate the two-hundredth anniversary of the adoption of the Polish Constitution on May 3, 1991, and recognize that Poland's rebirth as a free nation is supported by the legacy of the Polish Constitution of 1791; SEC. 2. The Library of Congress is authorized and directed to commemorate this anniversary with appropriate ceremonies and activities.
49-139 O - 90 (532)
104 STAT. 2343
SEC. 3. The President of the United States is authorized and requested to issue a proclamation calling upon the Governors of the several States, the chief officials of local governments, and the people of the United States to observe this anniversary with appropriate ceremonies and activities. Approved November 7, 1990.
LEGISLATIVE HISTORYH.J. Res. 669: CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 16, considered and passed House. Oct. 17, considered and passed Senate.
104 STAT. 2344
Public Law 101- 533 101st Congress
An Act
Nov. 7, 1990 [S. 2516] To augment and improve the quality of international data compiled by the Bureau of Economic Analysis under the International Investment and Trade in Services Survey Act by allowing that agency to share statistical establishment list information compiled by the Bureau of the Census, and for other purposes.
Foreign Direct Investment and International Financial Data Improvements Act of 1990. Business and industry. 22 u s e 3141 note. 22 u s e 3141.
This Act may be cited as the "Foreign Direct Investment and International Financial Data Improvements Act of 1990".
SEC. 2. FINDINGS.
The Congress makes the following findings: (1) The United States Government collects substantial amounts of information from foreign owned or controlled business enterprises or affiliates operating in the United States. (2) Additional analysis and presentation of this information is desirable to assist the public debate on the issue of foreign direct investments in the United States. (3) Information collected from foreign owned or controlled firms by the Bureau of Economic Analysis has serious analjîcal limitations because it is largely collected on an "enterprise" basis that does not permit an adequate analysis by industry groupings. (4) Statistical and analytic comparisons of the performance of foreign owned or controlled businesses operating within the United States with other business enterprises operating within the same industry can be accomplished under sections 20?) and 5(c) of the International Investment and Trade in Services Survey Act, and under Executive Order Numbered 11961, without the need to collect additional information, by sharing with other authorized Government agencies the employer identification numbers maintained by the Bureau of Economic Analysis. (5) Public disclosures of confidential business information collected by the United States Government relating to international direct investment flows could cause serious damage to the accuracy of the statistical data base. (6) The General Accounting Office may have limited access to Government data on foreign direct investment.
SEC. 3. REPORT BY SECRETARY OF COMMERCE. (a) ANNUAL REPORT ON FOREIGN DIRECT INVESTMENT IN THE UNITED STATES.Not later than 6 months after the date of the
22 u s e 3142.
enactment of this Act, and not later than the end of each 1-year period occurring thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, to the Committee on Commerce, Science,
49-139 O - 90 (533)
104 STAT. 2345
and Transportation of the Senate, and to the Joint EJconomic Committee of the Congress a report on the role and significance of foreign direct investment in the United States. Such report shall address the history, scope, trends, market concentrations, and effects on the United States economy of such investment. In addition, the Secretary of Commerce shall, if requested by any such committee, appear before that committee to provide testimony with respect to any report under this subsection. (b) SOURCES OF DATA.In preparing each report under subsection (a), the Secretary of Commerce, or the Secretary's designees, shall consider information collected by (1) the Bureau of Economic Analysis under the International Investment and Trade in Services Survey Act (22 U.S.C. 3101 and following); (2) the Bureau of the Census on industry, manufacturing, research and development, and trade, under title 13, United States Code; (3) the Bureau of Labor Statistics pertaining to information collected under the International Investment and Trade in Services Survey Act, but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (4) the Secretary of Commerce or the Secretary's designee pursuant to section 2 of Executive Order 11858 of May 7, 1975; (5) the United States Department of Agriculture under the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 and following); (6) the Department of the Treasury under section 6039C of the Internal Revenue Code of 1986 (26 U.S.C. 6039C), but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (7) the Department of Energy under section 657(8) of the Department of Energy Organization Act (42 U.S.C. 7267(8)), but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (8) other Federal agencies not referred to in paragraphs (1) through (7), but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (9) foreign governments and agencies thereof; and (10) private sector sources. (c) ANALYSES.(1) The analysis in each report prepared under subsection (a) shall, to the extent of available data, compare business enterprises controlled by foreign persons with other business enterprises in the United States with respect to employment, market share, value added, productivity, research and development, exports, imports, profitability, taxes paid, and investment incentives and services provided by State and local governments (including quasi-governmental entities). (2) Each such analysis shall be done by significant industry sectors and geographical regions, except that information shall not be presented in a way in which any person, including any business enterprise or establishment, can be identified. The restriction con-
104 STAT. 2346
tained in the preceding sentence on presentation of information does not apply to information that is obtained from foreign governments or agencies thereof and that has been pubUshed pursuant to the lawful disclosure of the information. To the extent that data are available, each such analysis shall include an analysis, together with current levels and trends, of the number and market share of business enterprises at least 10 percent of the voting securities or other evidences of ownership of which are owned or controlled by a foreign person, and of the number and market share of the establishments of such business enterprises, that are engaged substantially in the production or coproduction of any critical technologies included in the most recent plan submitted to the Congress under section 2368 of title 10, United States Code, or included in the most recent report submitted to the President under section 603 of the National Science and Technology Policy, Organization, and Priorities Act of 1976.
22 u s e 3143. SEC. 4. REPORTS BY GENERAL ACCOUNTING OFFICE.
(a) IN GENERAL.The Comptroller General, to the extent permitted by law, including section 8 of this Act, is authorized to review the information described in section 30)) for purposes of preparing the report required under subsection (b) of this section. Nothing in this section authorizes disclosure of any individually identifiable data or information in any form that can be associated with or otherwise identify, directly or indirectly, any person, including any enterprise or establishment. Qo) REPORT.Not later than 5 months after each report issued by the Secretary of Commerce under section 3, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, to the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic Committee of the Congress a report (1) analyzing the report of the Secretary of Commerce; (2) making recommendations for changes in the analysis done in the report due the following year under section 3; (3) making recommendations for improving the collection by respective Federal agencies of data on foreign direct investment in the United States, including use of private sector data, and improving survey questionnaires to obtain useful and consistent information that avoids unnecessary redundancy among Federgil agencies; (4) reviewing the status and processes for reconciliation of data exchanged as required by this Act and the amendments made by this Act, and making any recommendations for improving and augmenting international financial data; (5) making recommendations for possible additional policy coordination within the executive branch affecting foreign direct investment in the United States; and (6) making recommendations for improvement of the coverage, industry classification, and consistency among Federal Eigencies of their respective surveys. Reports under this subsection shall be issued only with respect to the first 3 reports issued by the Secretary of Commerce under section 3.
104 STAT. 2347
(c) OTHER REVIEWS AND REPORTS.(1) The Comptroller General may, to the extent permitted by law, including section 5(c) of the International Investment and Trade in Services Survey Act (22 U.S.C. 3104(c)) and section 8 of this Act, also review data and information at the Bureau of the (Census, the Bureau of Labor Statistics, and the Bureau of Economic Analysis and from time to time report to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic (Dommittee of the (Dongress. (2) The C!omptroller General shall, in carrying out paragraph (1), comply with procedures relating to access to and disclosure of data and information established within the Federal statistical agencies referred to in paragraph (1), and maintain any and all individually identifiable data and information at the statistical agency where the information is reviewed.
(d) CONFIDENTIALITY; REVIEW BY OTHER AGENCIES.In preparing
any report under this section, the Comptroller General shall not (1) disclose any confidential business information or present any information in a way in which any person, including a business enterprise or establishment, can be identified; or (2) combine, match, or use in any other way individually identifiable data or information maintained by any of the Federal statistical agencies referred to in subsection (c) with any other individually identifiable confidential data or information that is not collected by such statistical agencies. Before issuing any such report, the Comptroller General shall in each instance submit the report to the head or heads of the agency or agencies from which confidential or identifiable information described in the preceding sentence was obtained. The agency or agencies concerned shall promptly review the report for the purpose of assuring that the confidentiality of such information and identity is maintained, and for any other purpose, and shall provide the Comptroller (Jeneral with appropriate comments or other suggestions within 10 working days after receiving the report.
(e) RIGHT OF ACCESS.The access by the Comptroller General to
information under this Act shall be in conformity with section 716 of title 31, United States Code.
SEC. 5. ACCESS TO CENSUS DATA BY BUREAU OF ECONOMIC ANALYSIS.
(a) ACCESS TO DATA.Title 13, United States Code, is amended by adding at the end the following:
"CHAPTER 10EXCHANGE OF CENSUS INFORMATION

"Sec. "401. Exchange of census information with Bureau of Economic Analjrsis.
" 401. Exchange of census information with Bureau of Economic Analysis. "(a) EXCHANGE OF INFORMATION.The Bureau of the Census shall exchange with the Bureau of Economic Analysis of the Department of Commerce information collected under this title, and under the International Investment and Trade in Services Survey Act, that pertains to any business enterprise that is operating in the United
104 STAT. 2348
States, if the Secretary of Commerce determines such information is appropriate to augment and improve the quality of data collected under the International Investment and Trade in Services Survey Act. Information provided to the Bureau of Economic Analysis by the Bureau of the Census shall be only those data collected directly from respondents by the Bureau of the Census. "Ob) REQUESTS FOR INFORMATION.The Director of the Bureau requesting information under this section shall make the request in writing and shall certify that the information will be used only for statistical activities performed to improve the quality of data collected under the authority of title 13, United States Code, and the International Investment and Trade in Services Survey Act. "(c) DEFINITION.As used in subsection (a), the terms 'business enterprise' and 'United States' have the meanings given those terms in section 3 of the International Investment and Trade in Services Survey Act.". (b) CONFORMING AMENDMENTS.(1) The table of chapters at the beginning of title 13, United States Code, is amended by adding at the end the following:
"10. Exchange of census information 401".
(2) Section 9(a) of title 13, United States Code, is amended by inserting after "section 8" the following: "or chapter 10".
SEC. 6. AMENDMENTS TO THE INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY ACT.
(A) PURPOSE.Section 2(b) of the International Investment and Trade in Services Survey Act (22 U.S.C 3101(b)) is amended by inserting after "the impact of such investment and trade," in the first sentence the following: "to authorize the collection and use of information on direct investments owned or controlled directly or indirectly by foreign governments or persons,". (b) REPORTING REQUIREMENT.Section 4(a)(5) of the International Investment and Trade in Services Survey Act (22 U.S.C. 3103(a)(5)) is amended by inserting before the period the following: ", including, with respect to foreign direct investment in the United States, information on ownership by foreign governments of United States affiliates by country, and tables, on an aggregated basis, of business enterprises the ownership or control of which by foreign persons is more than 50 percent of the voting securities or other evidences of ownership of such enterprises, and business enterprises the ownership or control of which by foreign persons is 50 percent or less of the voting securities or other evidences of ownership of such enterprises".
(c) BUREAU OF ECONOMIC ANALYSIS REPORT.Section 4 of the
International Investment and Trade in Services Survey Act (22 U.S.C. 3103) is amended by adding at the end the following new subsection: "(h)(1) The President, or the designee of the President responsible for monitoring the impact of foreign investment in the United States, coordinating implementation of United States policy on investment, and investigating foreign acquisitions under section 721 of the Defense Production Act of 1950 (50 App. U.S.C. 2170), may request a report from the Bureau of Economic Analysis of the Department of Commerce. When such request is made in connection with an investigation under such section 721, the report shall be provided within 14 days after the request is made. When such
104 STAT. 2349
request is not made in connection with an investigation under such section 721, the report shall be provided within 60 days after the request. "(2) A report requested under paragraph (1) shall contain the best available information on the extent of foreign direct investment in a given industry, including a breakdown of total investment in the industry, and any foreign government investment in the industry, by country of the foreign owner, and any other information that the Bureau of Economic Analysis or such designee of the President considers relevant. The industry information provided shall be at the most detailed level available of Standard Industrial Classification, subject to the requirements of section 5.".
(d) ACCESS TO INFORMATION.Section 5 of the International
Investment and Trade in Services Survey Act (22 U.S.C. 3104) is amended (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: "(d) The Bureau of the Census of the Department of Commerce is authorized, for purposes of augmenting and improving the quality of \ data collected by the Bureau of the Census, to have, upon written request, access to data relating to business enterprises that is collected directly by the Bureau of Economic Analysis for purposes of this Act. The Bureau of Labor Statistics of the Department of Labor is authorized, for purposes of augmenting and improving the data collected by the Bureau of Labor Statistics, to have access, upon written request, to selected identification information on business enterprises and data on international services transactions, that is collected directly by the Bureau of Economic Analysis for purposes of this Act. Officers and employees of the Bureau of the Census and the Bureau of Labor Statistics shall, for purposes of subsection (c), be deemed to be officials or employees designated to perform functions under this Act.".
(e) CONFORMING AMENDMENTS.Section 5 of the International
Investment and Trade in Services Survev Act is amended (1) in subsection (c)(2) by striking (d)" and inserting "(e)"; and (2) in subsection (e), as redesignated by subsection (d)(1) of this section, by inserting "or (d)" after "(c)".
SEC. 7. ACCOUNTABILITY FOR TIMELY REPORTING. (a) AFFIRMATION BY A RESPONSIBLE OFFICER.Section 5(b) of the
International Investment and Trade in Services Survey Act (22 U.S.C. 3104(b)) is amended by adding at the end the following: "When a report under paragraph (2) is furnished under oath, such oath shall be by the officer of such person who is directly responsible for the maintenance and compilation of such information, and shall certify that the report was prepared in accordance with this Act, is complete, and is to such officer s best knowledge and belief, substantially accurate, except in a case in which, in accordance with rules and regulations issued under this Act, estimates have been provided because data are not available from customary accounting records or precise data could not be obtained without undue burden, and the data subject to such estimates has been noted in the report.".
(b) CIVIL PENALTIES.Section 6(a) of the International Investment
and Trade in Services Survey Act (22 U.S.C. 3105(a)) is amended by striking "may be subject to a civil penalty not exceeding $10,000" and inserting "shall be subject to a civil penalty of not less than $2,500, and not more than $25,000,".
104 STAT. 2350

22 u s e 3144.
SEC. 8. ACCESS TO INFORMATION; CONFIDENTIALITY.
(a) CoNFiDENTiAUTY.(1) Those officers and employees who have access to information under this Act to which the provisions of section 9 of title 13, United States Code, apply must have been sworn, as provided for in section 23(c) of such title, to observe the limitations imposed by section 9(a) of such title and to be subject to the provisions of section 214 of such title to the same extent as such section applies to officers or employees of the Bureau of the Census. (2) Only those officers and employees who have sworn to observe the provisions of section 5(c) of the International Investment and Trade in Services Survey Act (22 U.S.C. 3104(c)) may have access under this Act to information to which such provisions apply, and such officers and employees are subject to the penalties for improper disclosure of such information provided in section 5(e) of that Act to the same extent as such section applies to officers or employees designated to perform functions under that Act. (3) Those officers and employees referred to in paragraphs (1) and (2) of this section shall be subject to any other restriction or penalty imposed by law with respect to disclosure of information to which such officers or employees have access under this Act. (b) VIOLATIONS AND PENALTIES.Whoever is in possession of information made available to any department or agency by virtue of this Act or the amendments made by this Act and discloses the information in any form which can be associated with, or otherwise identify, any person, including any business enterprise or establishment, shall be fined not less than $2,500 nor more than $25,000 or imprisoned not more than 5 years, or both. (c) UNLAWFUL ACCESS.Whoever procures, by fraud, misrepresentation, or other unlawful act, access to information made available to any department or agency by virtue of this Act or the amendments made by this Act shall be fined not less than $2,500 nor more than $25,000 or imprisoned not more than 5 years, or both.
(d) INFORMATION IMMUNE FROM PROCESS.Information obtained
under this Act shall be immune from legal process and shall not be used as evidence or for any purpose in any Federal, State, or local government action, suit, or other administrative or judicial proceeding except as necessary to enforce requirements imposed by law on the collection of information, to enforce the provisions of subsections (b) and (c). (e) IMPLEMENTATION.(1) The Secretary of Commerce shall be responsible for the implementation of the exchange of information under this Act between the Bureau of the Census and the Bureau of Economic Analysis, and shall resolve any questions on access to information, data, or methodology that may arise between the Bureau of the Census and the Bureau of Economic Analysis, except that the Secretary shall not construe this section in a manner which would prevent the augmentation and improvement of the quality of international data collected under the International Investment and Trade in Services Survey Act. The Bureau of Economic Analysis and the Bureau of the Census shall agree in writing to the data to be shared under this Act. (2) The Director of the Office of Management and Budget shall be responsible for the implementation of the exchange of information under this Act betwef n the Bureau of Economic Analysis and the Bureau of Labor Statistics, and shall resolve any questions on access to information, data, or methodology that may arise between the
104 STAT. 2351
Bureau of Economic Analysis and the Bureau of Labor Statistics, except that the Director shall not construe this section in a manner which would prevent the augmentation and improvement of the quality of international data collected under the International Investment and Trade in Services Survey Act.
SEC. 9. CONSTRUCTION OF THE ACT. 22 USC 3145.
(a) IN GENERAL.Nothing in this Act or the amendments made by this Act shall be construed to require any business enterprise or any of its officers, directors, shareholders, or employees, or any other person, to provide information beyond that which is required before the enactment of this Act. (b) IMPLEMENTATION.All departments and agencies implementing this Act and the amendments made by this Act shall, with respect to surveys or questionnaires used in such implementation (1) eliminate questions that are no longer necessary, (2) cooperate with one another in order to ensure that questions asked are consistent among the departments and agencies, and (3) develop new questions in order to obtain more refined statistics and analyses, consistent with the purposes of the provisions of law amended by this Act and the Paperwork Reduction Act of 1980.
SEC. 10. DEFINITIONS. 22 USC 3146.
For purposes of this Act (1) the terms "foreign", "direct investment", "international investment", "United States", "business enterprise", "foreign person", and "United States person" have the meanings given those terms in section 3 of the International Investment and Trade in Services Survey Act (22 U.S.C. 3102); and (2) the term "foreign direct investment in the United States" means direct investment by foreign persons in any business enterprise that is a United States person. Approved November 7, 1990.
LEGISLATIVE HISTORYS. 2516 (H.R. 4520): HOUSE REPORTS: No. 101-855, Pt. 1 (Coram, on Foreign Affairs) and Ft. 2 (Comm. on Energy and Commerce), both accompanjdng H.R. 4520. SENATE REPORTS: No. 101-443 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 18, considered and passed Senate. Oct. 23, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 7, Presidential statement.
104 STAT. 2352

Nov. 7, 1990 [H.R. 3911] rpp amend title 5 of the United States Code to increase the allowance for services of attendants.
Attendant
Allowance Adjustment Act. 5 u s e 8101 note.
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 "Attendant Allowance Adjustment Act".

SEC. 2. INCREASE IN AMOUNT.
Subsection (a) of section 8111 of title 5, United States Code is amended by striking out "$500" and inserting in lieu thereof "$1,500".
5 u s e 8111 note. SEC. 3. EFFECTIVE DATE.
The amendment made by section 2 shall take effect October 1, 1990. Approved November 7, 1990.
LEGISLATIVE HISTORYH.R. 3911: CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 15, considered and passed House. Oct. 24, considered and passed Senate, amended. Oct. 25, House concurred in Senate amendment.
49-139 O - 90 (534)

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104 STAT. 1389

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