PUBLIC LAW 99-190 JOINT RESOLUTION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01007R000500990010-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 142
• Document Creation Date: December 22, 2016
• Document Release Date: September 27, 2011
• Sequence Number: 10
• Publication Date: December 19, 1985
• Content Type: REGULATION

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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1185
*Public Law 99-190
99th Congress
Joint Resolution
Making further continuing appropriations for the fiscal year 1986
and for other
Dec. 19
1985
,
,
--
purposes.
[H.J. Res. 4fib]
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums
are hereby appropriated, out of any money in the Treasury not
otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for
the fiscal year 1986, and for other purposes, namely:
SEC. 101. (a) Such amounts as may be necessary for programs,
projects, or activities provided for in the Agriculture, Rural Develop-
ment, and Related Agencies Appropriations Act, 1986 (H.R. 3037), to
the extent and in the manner provided for in the conference report
and joint explanatory statement of the Committee of Conference
(House Report Numbered 99-439), as filed in the House of Rep-
resentatives on December 12, 1985, as if such Act had been enacted
into law.
Notwithstanding any other provision of this Joint Resolution,
each appropriation item in the referenced bill (H.R. 3037) made
available under this subsection may be reduced by six-tenths of 1
per centum, if applied to every appropriation item, rounded to the
nearest thousands of dollars, except for the following appropria-
tions: Child Nutrition Programs and Special Milk Program which
are true entitlements: Provided, That such reductions, if made, shall
be applied proportionally to each program, project, and activity as
set forth in the conference agreement (H. Rept. 99-439).
(b) such amounts as may be necessary for programs, projects or
activities provided for in the Department of Defense Appropriations
Act, 1986, at a rate of operations and to the extent and in the Infra.
manner provided as follows, to be effective as if it had been enacted
into law as the regular appropriation Act:
Making appropriations for the Department of Defense for the fiscal year ending Department of
September 30, 1986, and for other purposes. Defense
Appropriations
TITLE I Act, 1986.
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including
`Note: The printed text of Public Law 99-190 is a reprint of the hand enrollment,
signed by the President on December 19, 1985.
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99 STAT. 1186 PUBLIC LAW 99-190-DEC. 19, 1985
all expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for mem-
bers of the Army on active duty (except members of reserve compo-
nents 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), and to the Department of Defense Military
Retirement Fund; $21,078,169,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, 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 mem-
bers 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), and to the Department of Defense Military
Retirement Fund; $15,917,144,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, 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 mem-
bers 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),
and to the Department of Defense Military Retirement Fund;
$4,870,016,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, 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 mem-
bers 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), and to the Department of Defense
Military Retirement Fund; $17,744,770,000.
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, 3019, and 3033 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
ss srat. 25s5. 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; $2,178,564,000.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1187
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Naval 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 sec-
tion 2131 of title 10, United States Code, as authorized by law; and ss star. 25s5.
for payments to the Department of Defense Military Retirement
Fund; $1,267,734,000.
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 su- ss star. 25s5.
thorized by law; and for payments to the Department of Defense
Military Retirement Fund; $272,250,000.
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, 8019, and 8033 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 ss star. 25x5.
States Code, as authorized by law; and for payments to the Depart-
ment of Defense Military Retirement Fund; $584,430,000.
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, 3033, or 3496 of title 10 or section ?08 of title
32, United States Code, or while serving on duty under section 672(d)
of title 10 or section 502(fl 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 all- ss star. 2565.
thorized by law; and for payments to the Department of Defense
Military Retirement Fund; $3,066,568,000.
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99 STAT. 1188 PUBLIC LAW 99-190-DEC. 19, 1985
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, 8033, or 5496 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(fl 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
ss stet. 2sss. section 2131 of title 10, United States Code, as authorized by law;
and for payments to the Department of Defense Military Retirement
Fund; $926,716,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Army, as authorized by law; and not
to exceed $12,642,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Sec-
retary of the Army, and payments may be made on his certificate of
necessity for confidential military purposes; $18,975,507,000, of
which not less than $1,471,600,000 shall be available only for the
maintenance of real property facilities.
OPERATION AND MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Navy and the Marlne Corps, as
authorized by law; and not to exceed $3,787,000 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; $24,477,071,000, of which not less than $770,000,000 shall
be available only for tke maintenance of real property facilities, and
of which $100,000,000 shall be available only to reimburse United
States Coast Guard Operating Expenses for operations and training
relating to the Coast Guard s defense and mllitary readiness mis-
sions: Prouidedy That of the total amount of this appropriation made
available for the alteration, overhaul, and repair of naval vessels,
not more than $3,650,000,000 shall be available for the performance
of such work in Navy shipyards: Provided further, That from the
amounts of this appropriation for the alteration, overhaul and
repair of naval vessels, funds shall be available for a test program to
acquire the overhaul of four or more vessels by competition between
public and private shipyards. The Secretary of the Navy shall
certify, prior to award of a contract under this test, that the
successful bid includes comparable estimates of all direct and in-
direct costs for both public and private shipyards. Competition
under such test program shall not be subject to section 502 of the
20 USC 2304 ikpartment of Defense Authorization Act, 1981, as amended, or
note. Ice of Management and Budget Circular A-76: Provided Further,
That funds herein provided shall be available for payments in
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1189
support of the LEASAT program in accordance with the terms of
the Aide Memoire, dated January 5, 1981: Provided further, That
obligations incurred or to be incurred hereafter for termination
liability and charter hire in connection with the TAKX and T-5
programs, for which the Navy has already entered into agreement
for charter and time charters including conversion or construction
related to such agreements or charters shall, for the purposes of
title 31, United States Code, (1) in regard to and so long as the
Government remains liable for termination costs, be considered as
obligations in the current Operation and Maintenance, Navy, appro-
priation account, to be held in reserve in the event such termination
liability is incurred, in an amount equal to 10 per centum of the
outstanding termination liability, and (2) in regard to charter hire,
be considered obligations in the Navy Industrial Fund with an
amount equal to the estimated charter hire for the then current
fiscal year recorded as an obligation against such fund. Obligations
of the Navy under such time charters are general obligations of the
United States secured by its full faith and credit.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Marine Corps, as authorized by law;
$1,612,050,000, of which not less than $238,000,000 shall be available
only for the maintenance of real property facilities.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Air Force, as authorized by law,
including the lease and associated maintenance of replacement
aircraft for the CT-39 aircraft to the same extent and manner as
authorized for service contracts by section 2306(8), title 10, United
States Code; and not to exceed $5,556,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Air Force, and pa ments may be
made on his certificate of necessity for confidential military pur-
poses; $19,536,813,000, of which not less than $1,385,000,000 shall be
available only for the maintenance of real property facilities.
OPERATION AND MAINTENANCE, DEFENSE AGENCIES
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by
law; $7,432,569,000, of which not to exceed $11,117,000 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: Provided, That not less than $91,147,000 shall be available
only for the maintenance of real property facilities.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equip-
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99 STAT. 1190 PUBLIC LAW 99-190-DEC. 19, 1985
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $780,100,000, of which not less
than $49,865,000 shall be available only for the maintenance of real.
property facilities.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $894,950,000, of which not less
than $37,100,000 shall be available only for the maintenance of real
property facilities.
OPERATION AND MAINTENANCE, MARINE CORP3 RESERVE
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $57,200,000, of which not
less than $2,850,000 shall be available only for the maintenance of
real property facilities.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $902,700,000, of which
not less than $22,200,000 shall be available only for the maintenance
of real property facilities.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and
related expellees 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, regi-
mental, and battalion commanders while inspecting units in compli-
ance with National Guard 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); $1,652,800,000, of which not less than
$57,300,000 shall be available only for the maintenance of real
property facilities.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1191
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National Guard, includ-
ing medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other
necessary expenses of facilities for the training and administration
of the Air National Guard, including repair of facilities, mainte-
nance, 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 compli-
ance with National Guard regulations when specifically authorized
by the Chief, National Guard Bureau; $1,806,200,000, of which not
less than $37,000,000 shall be available only for the maintenance of
real property facilities.
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY
For the necessary expenses, in accordance with law, for construc-
tion, equipment, and maintenance of rifle ranges; the instruction of
citizens in marksmanship; the promotion of rifle practice; and the
travel of rifle teams, military personnel, and individuals attending
regional, national, and international competitions; not to exceed
$920,000, of which not to exceed $7,500 shall be available for inciden-
tal expenses of the National Board; and from other funds provided
in this Act, not to exceed $680,000 worth of ammunition may be
issued under authority of title 10, United States Code, section 4311:
Provided, That competitors at national matches under title 10,
United States Code, section 4312, may be paid subsistence and travel
allowances in excess of the amounts provided under title 10, United
States Code, section 4313.
CLAIMS, DEFENSE
For payment, not otherwise provided for, of claims authorized by
law to be paid by the Department of Defense (except for civil
functions), including claims for damages arising under training
contracts with carriers, and repayment of amounts determined by
the Secretary concerned, or officers designated by him, to have been
erroneously collected from military and civilian personnel of the
Department of Defense, or from States, territories, or the District of
Columbia, or members of the National Guard units thereof;
$143,300,000.
COURT OF MILITARY APPEALS, DEFENSE
For salaries and expenses necessary for the United States Court of
Military Appeals; $3,200,000, and not to exceed $1,500 can be used
for official representation purposes.
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99 STAT. 1192 PUBLIC LAW 99-190-DEC. 19, 1985
TENTH INTERNATIONAL PAN AMERICAN GAMffi
For logistical support and personnel services (other than pay and
nontravel 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
Tenth International Pan American Games) provided by any compo-
Went of the Department of Defense to the Tenth International Pan
American Games; $10,000,000.
ENVIRONMENTAL RESTORATION, DEIrEEN3E
For the Department of Defense; $379,100,000, to remain available
until transferred: Provuied; That the Secretary of Defense shall,
upon determining that such funds are required for environmental
restoration and hazardous waste disposal operations, 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 pro-
grams 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.
pursuant to this prodvsion are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
TITLE III
PROCUREMENT
AIRCRAFr PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and tramu~g devices; expansion of public and pnvate
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 ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor~wned equipment layaway; and other expenses
necessary for the foregoing purposes; $3,524,200,000, to remain avail-
able for obligation until September 30,1988.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, sure parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and pnvate
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
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procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, as follows:
Chaparral program, $57,500,000;
Other Missile Support, $5,000,000;
Patriot program, $963,400,000;
Stinger program, $258,500,000;
Laser Hellfire program, $234,200,000;
TOW program, $190,500,000;
Pershing II program, $236,300,000;
MLRS program, $531,900,000;
Modification of missiles, $196,800,000;
Spares and repair parts, $312,000,000;
Support equipment and facilities, $56,632,000;
In all: $2,904,332,000, to remain available for obligation until
September 30, 1988: Prouided, That within the total amount appro-
priated, the subdivisions within this appropriation shall be reduced
by $138,400,000.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts and accessories therefor; specialized equipment
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and such
lands and interests therein may be acquired, and construction pros-
ecuted 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; $4,684,800,000, to remain available for obligation
until September 30, 1988.
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 authoriza-
tion 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 contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes; $2,497,200,000, to remain available for obligation
until September 30, 1988: Provided, That none of the funds provided
herein may be obligated or expended for production base projects
until the Secretary of the Army has submitted to the Committees on
Appropriations of the House of Representatives and the Senate a
specific funding and program plan for RDX modernization which
responds to congressional requirements on program phasing and
direction concerning full funding, and which provides for initiation
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99 STAT. 1194 PUBLIC LAW 99-190-DEC. 19, 1985
of site specific work at Louisiana Army Ammunition Plant not later
than June 30,1986.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification of
vehicles, including tactical, support, and nontracked combat ve-
hicles; the purchase of not to exceed two thousand four hundred and
sixty-four passenger motor vehicles for replacement only; commu-
nications 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 contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, as follows:
Tactical and support vehicles, $965,397,000;
Communications and electronics equipment, $2,868,859,000;
Other support equipment, $1,341,000,000;
Non-centrally managed items, $105,300,000;
In all: $5,275,556,000, to remain available for obligation until
September 30, 1988: Provided, That within the total amount appro-
priated, the subdivisions within this appropriation shall be reduced
by $5,000,000.
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 contractor-
owned equipment layaway; $11,175,678,000, to remain available for
obligation until September 30, 1988: Provided, That $322,871,000
shall be available only for the procurement of nine new P-3C anti-
submarine warfare aircraft: Provided further, That six P-3C aircraft
shall be for the Naval Reserve.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, 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 ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway, as follows:
Poseidon, $5,001,000;
TRIDENT I, $36,226,000;
TRIDENT II, $581,986,000;
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Support equipment and facilities, $17,107,000;
Tomahawk, $724,804,000;
AIM/RIM-7 F/M Sparrow, $359,200,000;
AIM-9L/M Sidewinder, $125,800,000;
AIM-54A/C Phoenix, $343,600,000;
AIM-54A/C Phoenix advance procurement, $24,800,000;
AGM-84A Harpoon, $314,873,000;
AGM-88A HARM, $236,000,000;
SM-1 MR, $20,300,000;
SM-2 MR, $509,719,000;
SM-2 ER, $303,200,000;
Sidearm, $30,500,000;
Hellfire, $51,768,000;
Laser Maverick, $173,458,000;
IIR Maverick, $27,809,000;
Aerial targets, $105,600,000;
Drones and decoys, $29,400,000;
Other missile support, $12,309,000;
Modification of missiles, $64,933,000;
Support equipment and facilities, $86,210,000;
Ordnance support equipment, $16,289,000;
MK-48 ADCAP torpedo program, $417,437,000;
MK-46 torpedo program, $125,115,000;
MK-60 CAPTOR mine program, $59,600,000;
MK-30 mobile target program, $18,600,000;
MK-38 mini-mobile target program, $3,499,000;
Antisubmarine rocket (ASROC) program, $15,551,000;
Modification of torpedoes, $115,055,000;
Torpedo support equipment program, $70,575,000;
MK-15 close-in weapons system program, $150,146,000;
MK-75 gun mount program, $17,905,000;
MK-19 machine gun program, $1,196,000;
25mm gun mount, $5,501,000;
Small arms and weapons, $11,305,000;
Modification of guns and gun mounts, $58,117,000;
Guns and gun mounts support equipment program,
$1, 200,000;
Spares and repair parts, $166,601,000;
In all: $5,227,795,000, to remain available for obligation until
September 30, 1988: Provided, That within the total amount appro-
priated, the subdivisions within this appropriation shall be reduced
by $210,500,000.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversioli of vessels as 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,
$1,354,700,000;
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SSN-688 attack submarine program, $2,609,600,000;
Battleship reactivation program, $469,000,000;
Aircraft carrier service life extension program, $52,000,000;
CG47 cruiser program, $2,652,500,000;
DDG51 destroyer program, $74,000,000: Provided, That the
Secretary of the Navy shall select a second source, by the most
expeditious means available, for the CG-47 and DDG-51 SPY-1
radar; AEGIS production test center, shipyard and shipboard
combat system integration; AEGIS color graphic display sys-
tems; solid state frequency converters; and propellors in order
to begin competition between the current contractors and the
second source contractors in fiscal year 1988: Provided further,
That any such selection shall not adversely affect the CG-47
and DDG51 shipbuilding program schedule and costs;
LSD-411anding ship dock program, $403,400,000;
LHD-1 amphibious assault ship program, $1,313,600,000;
MCM mine countermeasures ship program, $197,200,000;
MSH coastal mine hunter rogram, $184,500,000;
T-AO fleet oiler program, 278,500,000;
T-AGOS ocean surveillance ship program, $115,100,000;
T-AG acoustic research ship program, $57,000,000;
ARTB nuclear reactor training ship conversion program,
$175,400,000;
T-ACS auxiliary crane ship conversion program, $82,500,000;
T-AVB logistic support ship program, $26,900,000;
LCAC landing craft program, $307,000,000;
Strategic sealift program, $228,400,000;
For craft, outfitting, post delivery, and. cost growth,
$500,800,000;
In all: $10,840,400,000, to remain available for obligation until.
September 30, 1990: Provided, That within the total amount appro-
priated, the subdivisions within this appropriation shall be reduced
by $241,700,000: Provided further, That additional obligations may
be incurred after September 30, 1990, for engineering services, tests,
evaluations, and other such budgeted work that must be performed
in the final stage of ship construction; and each Shipbuilding and
Conversion, Navy, appropriation that is currently available for such
obligations may also hereafter be so obligated after the date of its
expiration: Provided further, That none of the funds herein provided
for the construction or conversion of any naval vessel to be con-
structed 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 fiscal year 1983 for the M'F'G-7 guided missile
frigate program, $40,000,000 previously available only for an X-band
phased array radar shall be available for the fiscal year 1984 guided
missile frigate program (FFG-61). The FFG61 shall be equipped
with the MK-92 fire control system, Phase II update.
Orxxit Pxocux~xx~r, Nwv~r
For procurement, production, and modernization of support equip-
ment and materials not otherwise provided for, Navy ordnance and
ammunition (except ordnance for new aircraft, new ships, and ships
authorized for conversion); the purchase of not to exceed nine
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hundred and twenty-four passenger motor vehicles of which eight
hundred and twenty-five shall be for replacement only; 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, as follows:
Ship support equipment, $923,806,000;
Communications and electronics equipment, $2,096,302,000;
Aviation support equipment, $1,133,019,000;
Ordnance support equipment, $1,349,747,000;
Civil engineering support uipment, $232,558,000;
Supply support equipment~$58,917,000;
Personnel and command support equipment, $434,143,000;
Spares and repair parts, $279,838,000;
Non~entrally managed items, $125,300,000;
In all: $6,377,630,000, to remain available for obligation until
September 30, 1988: Provided, That within the total amount appro-
priated, the subdivisions within this appropriation shall be reduced.
by $256,000,000.
COASTAL DEFENSE AUGMENTATION
For the augmentation of United States Coast Guard inventories to
meet national security requirements, $235,000,000, to remain avail-
able until expended: Provided, That these funds shall be for the
procurement by the Department of Defense of vessels, aircraft, and
equipment and for modernization of existing Coast Guard assets, to
be made available to the Coast Guard for operation and
maintenance.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and.
modification of missiles, armament, ammunition, military equip-
ment, spare parts, and accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and
private plants; reserve plant and Government and contractor~wned
equipment layaway; vehicles for the Marine Corps, including pur-
chase of not to exceed two hundred and three passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands, and in-
terests therein, may be acquired and construction prosecuted
thereon prior to approval of title; $1,660,766,000, to remain available
for obligation until September 30, 1988.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground han-
dling 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 equip-
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99 STAT. 1198 PUBLIC LAW 99-190-DEC. 19, 1985
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $23,255,424,000,
to remain available for obligation until September 30, 1988, of which
$200,000,000 shall be available only to initiate the air defense
aircraft competition authorized by law: Provided, That of the
amounts appropriated not to exceed $280,000,000 shall be available
for competitive procurement of Air Force One mission replacement
aircraft: Provided further, That none of the funds in this Act may be
obligated on B-1B bomber production contracts if such contracts
would cause the production portion of the Air Force's
$20,500,000,000 estimate for the B-1B bomber baseline costs ex-
pressed in fiscal year 1981 constant dollars to be exceeded: Provided
further, That funds appropriated by this Act may be applied to a
follow-on multiyear contract for F-16 production in which contract
options shall be included to adjust the multiyear contract to
accommodate the results of the air defense aircraft competition;
such competition shall be completed no later than July 1, 1986, and
a contract awarded within sixty days thereafter.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including snare 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 struc-
tures, and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired and construction pros-
ecuted thereon prior to approval of title; reserve plant and Govern-
ment and contractor-0wned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and transpor-
tation of things; $8,312,442,000, to remain available for obligation
until September 30, 1988.
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 eight hundred and forty-nine passenger motor vehicles
of which eight hundred and one shall be for replacement only; and
expansion of public and private plants, Government-0wned equip-
ment 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, as follows:
Munitions and associated equipment, $1,239,877,000;
Vehicular equipment, $340,869,000;
Electronics and telecommunications equipment,
$2,608,650,000;
Other base maintenance and support equipment,
$4,626,287,000;
Non-centrally managed items, $54,700,000;
In all: $8,571,383,000, to remain available for obligation until
September 30, 1988: Provided, That within the total amount appro-
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priated, the subdivisions within this appropriation shall be reduced
by $299,000,000: Provided further, That no obligation maybe in-
curred for the procurement of 30mm armor piercing ammunition
unless there is component breakout for the depleted uranium
penetrator.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, as follows:
Army Reserve, $365,000,000;
Army National Guard, $531,800,000, of which, subject to
enactment of authorizing legislation, not more than $40,000,000
may be used for minor projects to facilitate the delivery, stor-
age, training and maintenance of Army National Guard
equipment;
Air National Guard, $255,000,000;
Naval Reserve, $100,000,000;
Marine Corps Reserve, $70,000,000;
Air Force Reserve, $180,000,000;
In all: $1,501,800,000, to remain available for obligation until
September 30,1988.
PROCUREMENT, DEFENSE AGENCIffi
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 four hundred and ninety passenger motor
vehicles of which two hundred and fifty-one shall be for replacement
only; expansion of public and private plants, equipment, and
installation thereof in such plants, erection of structures, and ac-
quisition 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; $1,302,740,000, to remain
available for obligation until September 30,1988.
DEFENSE PRODUCTION ACT PURCHASffi
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); $31,000,000, to remain available for obligation until ss stat. 150, i5t.
September 30,1988.
NATO COOPERATIVE DEFENSE PROGRAMS
For acquisition of point air defense of United States airbases and
other critical United States military facilities in Italy; $15,000,000,
to remain available for obligation until September 30, 1988.
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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, re-
habilitation, lease, and operation of facilities and equipment, as
authorized by law; $4,798,17,000, of which $17,000,000 is available
only for completing development, transitioning into low-rate initial
production, and initial procurement of shipsets required to arm
UH-60 Blackhawk helicopters with Hellfire missiles, to remain
available for obligation until September 30, 1987.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as
authorized by law; $10,065,239,000, of which $17,523,000 is available
only for the Low Cost Anti-Radiation Seeker Program and
$5,500,000 is available only for the Laser Articulating Robotic
System, to remain available for obligation until September 30, 1987.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as
authorized by law; $13,718,208,000, of which $17,613,000 is available
only for the Low Cost Seeker Program and $5,000,000 is available
only for the purpose of carrying out a research program to develop
new and improved verification techniques to monitor compliance
with any antisatellite weapon agreement that may be entered into
by the United States and the Soviet Union, to remain available for
obligation until September 30, 1987.
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 applied scientific research, development, test, and evaluation;
advanced research projects as may be designated and determined by
the Secretary of Defense, pursuant to law; maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized
by law; $6,637,386,000, of which $700,000 shall be available only for
the purpose of carrying out, through the Office of Technology
Assessment, a comprehensive classified study to be submitted to the
Appropriations Committees of the House of Representatives and the
Senate, together with an unclassified version, no later than August
30, 1987, to determine the technological feasibility and implications,
and the ability to survive and function despite a preemptive attack
by an aggressor possessing comparable technology, of the Strategic
Defense Initiative Program; and $8,287,000 shall be available only
for the joint Department of Defense-Department of Energy Conven-
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tional Munitions Technology Development Program, to remain
available for obligation until September 30, 1987: Provided, That
such amounts as may be determined by the Secretary of Defense to
have been made available in other appropriations available to the
Department of Defense during the current fiscal year for programs
related to advanced research may be transferred to and merged with
this appropriation to be available for the same purposes and time
period: Provided further, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to carry out the purposes of advanced research to those appropria-
tions for military functions under the Department of Defense which
are being utilized for related programs to be merged with and to be
available for the same time period as the appropriation to which
transferred.
DIRECTOR OF TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, of independent activities
of the Director of Defense Test and Evaluation in the direction and
supervision of test and evaluation, including initial operational
testing and evaluation; and performance of joint testing and evalua-
tion; and administrative expenses in connection therewith;
$118,500,000, to remain available for obligation until September 30,
1987.
SPECIAL FOREIGN CURRENCY PROGRAM
For payment in foreign currencies which the Treasury Depart-
ment determines to be excess to the normal requirements of the
United States for expenses in carrying out programs of the Depart-
ment of Defense, as authorized by law; $2,100,000, to remain avail-
able for obligation until September 30, 1987: Provided, That this
appropriation shall be available in addition to other appropriations
to such Department, for payments in the foregoing currencies.
TITLE VI
REVOLVING AND MANAGEMENT FUNDS
ARMY .STOCK FUND
For the Army stock fund; $393,000,000.
NAVY STOCK FUND
For the Navy stock fund; $638,500,000.
MARINE CORPS STOCK FUND
For the Marine Corps stock fund; $37,700,000.
AIR FORCE STOCK FUND
For the Air Force stock fund; $415,900,000.
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99 STAT. 1202 PUBLIC LAW 99-190-DEC. 19, 1985
DEFENHE STOCK FUND
For the Defense stock fund; $149,700,000.
ADP EQUIPMENT MANAGEMENT FUND
For the purchase of automatic data processing (ADP) equipment;
$100,000,000.
TITLE VII
RELATED AGENCIES
CENTRAL ItsrFt.t.tGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain proper funding level for
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $101,400,000.
INTELLIGENCE COMMUNITY STAFF
For necessary expenses of the Intelligence Community Staff;
$22,083,000.
GENERAL PROVISIONS
Contracts. SEC. 8001. The expenditure of any appropriation under this Act
Public for any consulting service through procurement contract, pursuant
availability. to section 3109 of title 5, United States Code, shall be limited t0
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.
Prohibitions. SEC. 8002. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Transportation. SEC. 8003. During the current fiscal year, the Secretary of Defense
and the Secretaries of the Army, Navy, and Air Force, respectively,
if they should deem it advantageous to the national defense, and if
in their opinions the existing facilities of the Department of Defense
are inadequate, are authorized to procure services in accordance
with section 3109 of title 5, United States Code, under regulations
prescribed by the Secretary of Defense, and to pay in connection
therewith travel expenses of individuals, including actual transpor-
tation and per diem in lieu of subsistence while traveling from their
homes or places of business to official duty stations and return as
may be authorized by law: Provided, That such contracts may be
renewed annually.
10 USC 1584 SEC. 8004. During the current fiscal year, provisions of law
note. prohibiting the payment 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.
io use i3s note. SEC. 8005. Appropriations for the Department of Defense for the
current fiscal year and hereafter shall be available for: (a) expenses
in connection with administration of occupied areas; (b) payment of
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rewards as authorized for the Navy by section 7209(a) of title 10,
United States Code, for information leading to the discovery of
missing naval property or the recovery thereof; (c) payment of
deficiency judgments and interests thereon arising out of condemna-
tion proceedings; (d) leasing of buildings and facilities including
payment of rentals for special purpose space at the seat of govern-
ment, and in the conduct of field exercises and maneuvers or, in
administering the provisions of the Act of July 9, 1942 (56 Stat. 654;
43 U.S.C. 315q), rentals may be paid in advance; (e) payments under
contracts for maintenance of tools and facilities for twelve months
beginning at any time during the fiscal year; (f) maintenance of
defense access roads certified as important to national defense in
accordance with section 210 of title 23, United States Code; (g) the Milk.
purchase of milk for enlisted personnel of the Department of De-
fense heretofore made available pursuant to section 202 of the
Agricultural Act of 1949 (7 U.S.C. 1446a), and the cost of milk so
purchased, as determined by the Secretary of Defense, shall be
included in the value of the commuted ration; (h) payments under Real property.
leases for real or personal property, including maintenance thereof
when contracted for as a part of the lease agreement, for twelve
months beginning at any time during the fiscal year; (i) the pur- Motor vehicles.
chase of right-hand-drive vehicles not to exceed $12,000 per vehicle;
(j) payment of unusual cost overruns incident to ship overhaul, vessels.
maintenance, and repair for ships inducted into industrial fund
activities or contracted for in prior fiscal years: Provided, That the
Secretary of Defense shall notify the Congress promptly prior to
obligation of any such payments; (k) payments from annual appro- Vessels.
priations to industrial fund activities and/or under contract for Contracts.
changes in scope of ship overhaul, maintenance, and repair after
expiration of such appropriations, for such work either inducted into
the industrial fund activity or contracted for in that fiscal year; and
(1) payments for depot maintenance contracts for twelve months Contracts.
beginning at any time during the fiscal year.
SEC. 8006. Appropriations for the Department of Defense for the io usC i3s note.
current fiscal year and hereafter shall be available for: (a) military
courts, boards, and commissions; (b) utility services for buildings Public buildings
erected at private cost, as authorized by law, and buildings on and grounds.
military reservations authorized by regulations to be used for wel-
fare and recreational purposes; and (c) exchange fees, and losses in
the accounts of disbursing officers or agents in accordance with law.
SEC. 8007. The Secretary of Defense and each purchasing and
contracting agency of the Department of Defense shall assist Amer-
ican small and minority-owned business to participate equitably in
the furnishing of commodities and services financed with funds
appropriated under this Act by increasing, to an optimum level, the
resources and number of personnel jointly assigned to promoting
both small and minority business involvement in purchases fi-
nanced with funds appropriated herein, and by making available or
causing to be made available to such businesses, information, as far
in advance as possible, with respect to purchases proposed to be
financed with funds appropriated under this Act, and by assisting
small and minority business concerns to participate equitably as
subcontractors on contracts financed with funds appropriated
herein, and by otherwise advocating and providing small and minor-
ity business opportunities to participate in the furnishing of
commodities and services financed with funds appropriated by this
Act.
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Prohibitions. SEC. 8008. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
ex ressly so provided herein.
1o USC 13s note. SEC. 8009. During the current fiscal year and hereafter:
(a) The President may exempt appropriations, funds, and contract
authorizations, available for military functions under the Depart-
ment of Defense, from the provisions of section 1512 of title 31,
United States Code, whenever he deems such action to be necessary
in the interest of national defense.
(b) Upon determination by the President that such action is
necessary, the Secretary of Defense is authorized to provide for the
cost of an airborne alert as an excepted expense in accordance with
the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11).
(c) Upon determination by the President that it is necessary to
increase the number of military personnel on active duty subject to
existing laws beyond the number for which funds are provided in
this Act, the Secretary of Defense is authorized to provide for the
cost of such increased military personnel, as an excepted expense in
accordance with the provisions of section 3732 of the Revised
Statutes (41 U.S.C. 11).
(d) The Secretary of Defense shall immediately advise Congress of
the exercise of any authority granted in this section, and shall
report monthly on the estimated obligations incurred pursuant to
subsections (b) and (c).
Prohibitions. SEC. 8010. NO part of the appropriations in this Act shall be
available for any expense of operating aircraft under the jurisdic-
tion of the armed forces for the purpose of proficiency flying, as
defined in Department of Defense Directive 1340.4, except in accord-
ance with regulations prescribed by the Secretary of Defense. Such
Regulations. regulations (1) may not require such fl ng except that required to
maintain proficiency in anticipation of a member's assignment to
combat operations and (2) such flying may not be permitted in cases
of members who have been assigned to a course of instruction of
ninety days or more.
Prohibitions. SEC. 8011. No part of any appropriation contained in this Act shall
be available for expense of transportation, packing, crating, tem-
porary storage, drayage, and unpacking of household goods and
personal effects in any one shipment having a net weight in excess
of eighteen thousand pounds.
vessels. SEC. 8012. During the current fiscal year and hereafter, vessels
40 USC 483a. under the jurisdiction of the Department of Transportation, the
Department of the Army, the Department of the Air Force, or the
Department of the Navy may be transferred or otherwise made
available without reimbursement to any such agencies upon the
request of the head of one agency and the approval of the agency
having jurisdiction of the vessels concerned.
Prohibitions. SEC. 8013. 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:
Provided, That this section shall not apply to obligations for support
of active duty training of civilian components or summer camp
training of the Reserve Officers' Training Corps, or the National
Board for the Promotion of Rifle Practice, Army, or to the appro-
priations provided in this Act for Claims, Defense.
Real property. SEC. 8014. During the current fiscal year the agencies of the
Department of Defense may accept the use of real property from
foreign countries for the United States in accordance with mutual
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defense agreements or occupational arrangements and may accept
services furnished by foreign countries as reciprocal international
courtesies or as services customarily made available without charge;
and such agencies may use the same for the support of the United
States forces in such areas without specific appropriation therefor.
In addition to the foregoing, agencies of the Department of De-
fense may accept real property, services, and commodities from
foreign countries for the use of the United States in accordance with
mutual defense agreements or occupational arrangements and such
agencies may use the same for the support of the United States
forces in such areas, without specific appropriations therefor: Pro-
vided, That the foregoing authority shall not be available for the
conversion of heating plants from coal to oil at defense facilities in
Europe: Provided further, That within thirty days after the end of Report.
each quarter the Secretary of Defense shall render to Congress and
to the Office of Management and Budget a full report of such
property, supplies, and commodities received during such quarter.
SEC. 8015. During the current fiscal year and hereafter, appropria- Research and
tions available to the Department of Defense for research and development.
development may be used for the purposes of section 2353 of title 10, 10 USC 2353
United States Code, and for purposes related to research and devel- note.
opment for which expenditures are specifically authorized in other
appropriations of the Service concerned.
SEC. 8016. No part of any appropriation contained in this Act, Prohibitions.
except for small purchases in amounts not exceeding $10,000 shall
be available for the procurement of any article of food, clothing,
cotton, woven silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric, or wool (whether in
the form of fiber or yarn or contained in fabrics, materials, or
manufactured articles), 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 of food or clothing or any form of cotton, woven silk and
woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric
or coated synthetic fabric, wool, or specialty metals including stain-
less 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, procure-
ments 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: Prouided, 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 further-
ance of the standardization and interoperability of equipment
requirements within NATO 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 245? of Ante, pp. 203,
title 10, United States Code: Provided further, That nothing herein 204, 27s.
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Transportation.
Aircraft and air
carriers.
shall preclude the procurement of foods manufactured or processed
in the United States or its possessions: Provided further, That no
funds herein appropriated shall be used for the payment of a price
differential on contracts hereafter made for the purpose of relieving
economic dislocations: Provided further, That none of the funds
appropriated in this Act shall be used except that, so far as prac-
ticable, all contracts shall be awarded on a formally advertised
competitive bid basis to the lowest responsible bidder.
SEC. 8017. During the current fiscal year, appropriations available
to the Department of Defense for pay of civilian employees shall be
available for uniforms, or allowances therefor, as authorized by
section 5901 of title 5, United States Code.
SEC. 8018. Funds provided in this Act for legislative liaison activi-
ties of the Department of the Army, the Department of the Navy,
the Department of the Air Force, and the Office of the Secretary of
Defense shall not exceed $13,334,000 for the current fiscal year:
Provided, That this amount shall be available for apportionment to
the Department of the Army, the Department of the Navy, the
Department of the Air Force, and the Office of the Secretary of
Defense as determined by the Secretary of Defense: Provided fur-
ther, That costs for military retired pay accrual shall be included
within this limitation.
SEC. 8019.Of the funds made available by this Act for the services
of the Military Airlift Command, $100,000,000 shall be available
only for procurement of commercial transportation service from
carriers participating in the civil reserve air fleet program; and the
Secretary of Defense shall utilize the services of such carriers which
qualify as small businesses to the fullest extent found practicable:
Provided, That the Secretary of Defense shall specify in such
procurement, performance characteristics for aircraft to be used
based upon modern aircraft operated by the civil reserve air fleet.
SEC. 8020. 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 $950,000,000 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) be-
tween 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:
Prohibitions. Provided, That such authority to transfer may not be used 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 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.
SEC. 8021. During the current fiscal year, cash balances in work-
ing capital funds of the Department of Defense established pursuant
sa stat. 2513. to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That transfers may be
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made between such funds in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of Manage-
ment and Budget, except that transfers between a stock fund ac-
count and an industrial fund account 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. 8022. None of the funds available to the Department of Prohibitions.
Defense shall be utilized for the conversion of heating plants from
coal to oil at defense facilities in Europe.
SEC. 8023. No part of the funds in this Act shall be available to Prohibitions.
prepare or present a request to the Committees on Appropriations
for reprograming 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 reprograming
is requested has been denied by the Congress.
SEC. 8024. None of the funds contained in this Act available for Prohibitions.
the Civilian Health and Medical Program of the Uniformed Services Health and
under the provisions of section 1079(a) of title 10, United States medical care.
Code, shall be available for reimbursement of any physician or other 9a stat. 2543,
authorized individual provider of medical care in excess of the 2s17.
eightieth percentile of the customary charges made for similar
services in the same locality where the medical care was furnished,
as determined for physicians in accordance with section 1079(h) of
title 10, United States Code. s8 Stat. 2617.
SEC. 8025. No appropriation contained in this Act may be used to Prohibitions.
pay for the cost of public affairs activities of the Department of
Defense in excess of $43,563,000: Prouidea~ That costs for military
retired pay accrual shall be included within this limitation.
SEC. 8026. None of the funds provided in this Act shall beavail- Prohibitions.
able for the planning or execution of programs which utilize
amounts credited to Department of Defense appropriations or funds
pursuant to the provisions of section 37(a) of the Arms Export
Control Act representing payment for the actual value of defense 22 USC 2777.
articles specified in section 21(aX1xA) of that Act: Provided, That ante, P. 1ss.
such amounts shall be credited to the Special Defense Acquisition
Fund, as authorized by law, or, to the extent not so credited shall be
deposited in the Treasury as miscellaneous receipts as provided in
section 3302(b) of title 31, United States Code.
SEC. 8027. No appropriation contained in this Act shall beavail- Prohibitions.
able to fund any costs of a Senior Reserve Officers' Training Corps
unit~xcept to complete training of personnel enrolled in Military
Science 4-which in its 'unior year class (Military Science 3) has for
the four preceding aca~emic years, and as of September 30, 1983,
enrolled less than (a) seventeen students where the institution
prescribes afour-year or a combination four- and two-year program;
or (b) twelve students where the institution prescribes a two-year
program: Prouidec~ That, notwithstanding the foregoing limitation,
funds shall be available to maintain one Senior Reserve Off`icers'
Training Corps unit in each State and at each State-0perated mari-
time academy: Provided further, That units under the consortium
system shall be considered as a single unit for purposes of evalua-
tion of productivity under this provision: Provided further, That
enrollment standards contained in Department of Defense Directive
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99 STAT. 1208 PUBLIC LAW 99-190-DEC. 19, 1985
1215.8 for Senior Reserve Officers' Training Corps units, as revised
during fiscal year 1981, may be used to determine compliance with
this provision, in lieu of the standards cited above.
Prohibitions. SEC. 8028. None of the funds appropriated by this Act for pro-
grams of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 1987.
Prohibitions. SEC. 8029. None of the funds appropriated by this Act may be used
to support more than 9,901 full-time and 2,603 part-time military
personnel assigned to or used in the support of Morale, Welfare, and
Recreation activities as described in Department of Defense Instruc-
tion 7000.12 and its enclosures, dated September 4, 1980.
SEC. 8030. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified and
confirmed if otherwise in accordance with the provisions of this Act.
Prohibitions. SEC. 8031. None of the funds appropriated by this Act or here-
claims. tofore appropriated by any other Act shall be obligated or expended
Germany. for the payment of anticipatory possession compensation claims to
the Federal Republic of Germany other than claims listed in the
1973 agreement (commonly referred to as the Global Agreement)
between the United States and the Federal Republic of Germany.
Contracts. SEC. 8032. During the current fiscal year the Department of
Defense may enter into contracts to recover indebtedness to the
United States pursuant to section 3718 of title 31, United States
Code.
Prohibitions. SEC. 8033. None of the funds appropriated by this Act shall be
contracts. 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 procure-
ment determines:
(a) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work, or
(b) 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:
Providedl; 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.
Prohibitions. SEC. 8034. None of the funds appropriated by this Act shall be
Health and available to provide medical care in the United States on an in-
medical care. patient ba8is to foreign military and d1p10mat1C personnel Or their
dependents unless the Department of Defense is reimbursed for the
costs of providing such care: Provided, That reimbursements for
medical care covered by this section shall be credited to the appro-
priations against which charges have been made for providing such
care, except that inpatient medical care may be provided in the
United States without cost to military personnel and their depend-
ents from a foreign country if comparable care is made available to
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a comparable number of United States military personnel in that
foreign country.
SEC. 8035. None of the funds appropriated by this Act shall be
obligated for. the second career training program authorized by
Publ1C LaW 96-347. 94 Stat. 1150.
Sac. 8036. None of the funds appropriated or otherwise made Prohibitions.
available in this Act shall be obligated or expended for salaries or Firearms.
expenses during the current fiscal year for the purposes of demili-
tarization of surplus nonautomatic firearms less than .50 caliber.
Sac. 8037. None of the funds provided in this Act shall beavail- Prohibitions.
able to initiate (1) a multiyear contract that employs economic order Contracts.
quantity procurement in excess of $20,000,000 in and 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 pprocure-
ment in excess of $20,000,000 in ai one year, unless the Commit-
tees on Appropriations and Armed ~rvices 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 con-
tained in this Act shall be available to initiate multiyear procure-
ment 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 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:
T-700 series aircraft engines;
MK-46 torpedo program;
Bradley Fighting Vehicle transmission;
M-1 tank chassis;
M-1 tank engine;
M-1 tank fire control components; and
LHI}-1 amphibious assault ships.
SEC. 8038. None of the fiends appropriated by this Act which are Prohibitions.
available for payment of travel allowances for per diem in lieu of
subsistence to enlisted personnel shall be used to pay such an
allowance to any enlisted member in an amount that is more than
the amount of per diem in lieu of subsistence that the enlisted
member is otherwise entitled to receive minus the basic allowance
for subsistence, or pro rata portion of such allowance, that the
enlisted member is entitled to receive during any day, or portion of a
day, that the enlisted member is also entitled to be paid a per diem
in lieu of subsistence.
SEC. 8039. None of the funds appropriated by this Act shall be Prohibitions.
available to approve a request for waiver of the cysts otherwise
required to be recovered under the provisions of section 21(eX1xC) of
the Arms Export Control Act unless the Committees on Appropria- 22 use 2~s1.
tions have been notified in advance of the proposed waiver.
SEC. 8040. None of the funds appropriated by this Act shall be Prohibitions.
available for the transportation of equipment or materiel designated Transportation.
as Prepositioned Materiel Configured in Unit Sets (1?OMCUS) in
Europe in excess of four division sets: Provided That the foregoing
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99 STAT. 1210 PUBLIC LAW 99-190-DEC. 19, 1985
limitation shall not apply with respect to any item of equipment or
materiel which is maintained in the inventories of the Active and
Reserve Forces at levels of at least 70 per centum of the established
requirements for such an item of equipment or materiel for the
Active Forces and 50 per centum of the established requirement for
the Reserve Forces for such an item of equipment or materiel:
Provided further, That no additional commitments to the establish-
ment of POMCUS sites shall be made without prior approval of
Congress.
Prohibitions. SEC. 8041. (a) None of the funds in this Act may be used to transfer
any article of military equipment or data related to the manufac-
ture of such equipment to a foreign country prior to the approval in
writing of such transfer by the Secretary of the military service
involved.
(b) No funds appropriated by this Act may be used for the transfer
of a technical data package from any Government-owned and oper-
ated defense plant manufacturing large caliber cannons to any
foreign government, nor for assisting any such government in
producing any defense item currently being manufactured or devel-
oped in a United States Government-owned, Government-operated,
defense plant manufacturing large caliber cannons.
Prohibitions. SEC. 8042. None of the funds appropriated in this Act may be
made available through transfer, reprograming, or other means 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 avail-
able for such activity.
SEC. 8043. Of the funds appropriated by this Act for strategic
programs, the Secretary of Defense shall provide funds for the
Advanced Technology Bomber program at a level at least equal to
the amount provided by the committee of conference on this Act in
order to maintain priority emphasis on this program.
Prohibitions. SEC. 8044. None of the funds available t0 the De artment of
Defense during the current fiscal year 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.
Prohibitions. SEC. 8045. None of the funds available to the Department of
Defense shall be available for the procurement of manual type-
writers which were manufactured by facilities located within states
which are Signatories to the Warsaw Pact.
Prohibitions. SEC. 8046. None of the funds appropriated by this Act may be used
to appoint or compensate more than 37 individuals in the Depart-
ment of Defense in positions in the Executive Schedule (as provided
in sections 5312-5316 of title 5, United States Code).
Prohibitions. SEC. 8047. 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 programed to be occupied by, a (civilian) military
technician to a position to be held by a person in an active Guard or
Reserve status if that conversion would reduce the total number of
positions occupied by, or programed to be occupied by, (civilian)
military technicians of the component concerned, below 66,086:
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Providea~ That none of the funds appropriated by this Act shall be
available to support more than 43,157 positions in support of the
Army Reserve, Army National Guard or Air National Guard occu-
pied by, or programed to be occupied by, persons in an active Guard
or Reserve status: Provided further, That none of the funds appro-
priated by this Act may be used to include (civilian) military techni-
cians 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. 8048. (a) The provisions of section 13&cX2) of title 10, United
States Code, shall not apply with respect to fiscal year 1986 or with
respect to the appropriation of funds for that year.
(b) During fiscal year 1986, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal
year shall not be subject to any constraint or limitation (known as
anend-strength) on the number of such personnel who may be
employed on the last day of such fiscal year.
(c) The fiscal year 1987 budget request for the Department of
Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1987 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 1987.
(TRANSFER OF FUND)
SEC. 8049. Appropriations or funds available to the Department of Research and
Defense during the current fiscal year may be transferred to appro- development.
poiations provided in this Act for research, development, test, and
evaluation to the extent necessary to meet increased pa costs
authorized by or pursuant to law, to be merged with and to be
available for the same purposes, and the same time period, as the
appropriation to which transferred.
SEC. 8050. None of the funds available to the Central Intelligence Prohibitions.
Agency, the Department of Defense, or any other agency or entity of Nicaragua.
the United States involved in intelligence activities may be obli-
gated or expended during fiscal year 1986 to provide funds, materiel,
or other assistance to the Nicaraguan democratic resistance unless
in accordance with the terms and conditions specified by section 105
of the Intelligence Authorization Act (Public Law 99-169) for fiscal. ante, p. 1003.
year 1986.
SEC. 8051. In addition to any other transfer authority contained in
this Act, amounts from working capital funds may be transferred to
the Operation and Maintenance, Army, Navy, and Air Force appro-
priations contained in this Act to be merged with and to be available
for the same purposes and for the same time period as the appro-
priation to which transferred: Provided, That such transfers shall
not exceed $168,200,000 for Operation and Maintenance, Army;
$420,300,000 for Operation and Maintenance, Navy; and.
$164,000,000 for Operation and Maintenance, Air Force.
SEC. 8052. None of the funds made available by this Act shall be
used in any way for the leasing to non-Federal agencies in the
United States aircraft or vehicles owned or operated by the Depart-
Prohibitions.
Aircraft and air
carriers.
Motor vehicles.
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ment of Defense when suitable aircraft or vehicles are commercially
available in the private sector: Provided, That nothing in this
section shall affect authorized and established procedures for the
sale of surplus aircraft or vehicles: Provided further, That nothing in
this section shall prohibit the leasing of helicopters authorized by
section 1463 of the Department of Defense Authorization Act of
Ante, p. 765. 1986.
Prohibitions. SEC. 8053. 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.
Prohibitions. SEC. 8054. No funds available to the Department of Defense
Contracts. during the current fiscal year may be used to enter into any
vessels. contract with a term of eighteen months or more or to extend or
Aircraft and air
carriers. renew any contract for a term of eighteen months or more, for any
Motor vehicles. vessel, aircraft or vehicles, through a lease, charter, or similar
agreement without previously having been submitted to the
Committees on Appropriations of the House of Representatives and
the Senate in the budgetary process. Further, any contractual agree-
ment which imposes an estimated termination liability (excluding
the estimated value of the leased item at the time of termination) on
the Government exceeding 50 per centum of the original purchase
value of the vessel, aircraft, or vehicle must have specific authority
in an appropriation Act for the obligation of 10 per centum of such
termination liability.
Prohibitions. SEC. 8055. None of the funds appropriated in this Act may be
Hawaii. obligated or expended in any way for the purpose of the sale, lease,
rental, or excessing of any portion of land currently identified as
Fort Deftussy, Honolulu, Hawaii.
Prohibitions. SEC. 8056. None of the funds made available by this Act shall be
available to operate in excess of 247 commissaries in the contiguous
United States.
Prohibitions. SEC. 8057. None of the funds provided in this Act shall be used to
Aircraft and air procure aircraft ejection seats manufactured in any foreign nation
carriers. that does not permit United States manufacturers to compete for
ejection seat procurement requirements in that foreign nation. This
limitation shall apply only to ejection seats procured for installation
on aircraft produced or assemb~ed in the United States.
Prohibitions. SEC. 8058. No more than $166,766,000 of the funds appropriated by
pmdployment this Act shall be available for the payment of unemployment com-
unemployment. pensation benefits.
Prohibitions. SEC. 8059. None of the funds appropriated by this Act should 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 mainte-
nance and repair of supplies issued to the Army Reserve unless such
individual is also a military member of the Army Reserve troop
program unit that he or she is employed to support. Those techni-
cians employed by the Army Reserve in areas other than Army
Reserve troop program units need only be members of the Selected
Reserve.
Prohibitions. SEC. 8060. None of the funds appropriated by this Act shall be
Schools and used for the transfer of the Department of Defense Dependents
colleges. Schools (DODDS) to the Department of Education.
Prohibitions. SEC. 8061. None of the funds appropriated by this Act shall be
Animals. 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
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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. 8062. None of the funds made available by this Act shall be Prohibitions.
used to initiate full-scale engineering development of any major
defense acquisition program until the Secretary of Defense has
pprovided to the Committees on Appropriations of the House and
Senate-
(a) acertification that the system or subsystem being devel-
oped will be procured in quantities that are not sufficient to
warrant development of two or more production sources, or
(b) a plan for the development of two or more sources for the
production of the system or subsystem being developed.
SEC. 8063. None of the funds appropriated by this Act shall be Prohibitions.
available to pay any member of the uniformed services for unused
accrued leave pursuant to section 501 of title 37, United States Code, 9s stat. 2537.
for more than sixty days of such leave, less the number of days for
which payment was previously made under section 501 after Feb-
ruary 9, 1976.
SEC. 8064. Within funds available under title II of this Act, but not
to exceed $100,000, and under such regulations as the Secretary of
Defense may prescribe, the Department of Defense may, in addition
to allowances currently available, make payments for travel and
transportation expenses of the surviving spouse, children, parents,
and brothers and sisters of any member of the Armed Forces of the
United States, who dies as the result of an injury or disease incurred
in line of duty to attend the funeral of such member in any case in
which the funeral of such member is more than two hundred miles
from the residence of the surviving spouse, children, parents or
brothers and sisters, if such spouse, children, parents or brothers
and sisters, as the case may be, are financially unable to pay their
own travel and transportation expenses to attend the funeral of
such member.
SEC. 8065. None of the funds available to the Department of Prohibitions.
Defense may be used for the floating storage of petroleum or vessels.
troleum products except in vessels of or belonging to the United Petroleum and
~~~ petroleum
products.
SEC. 8066. Of the funds made available to the Department of the Civil Air Patrol.
Air Force in this Act, not less than $3,000,000 shall be available for
the Civil Air Patrol.
SEC. 8067. Funds available to the Department of Defense maybe Animals.
used by the Department of Defense for the use of helicopters and
motorized equipment at Defense installations for removal of feral
burros and horses.
SEC. 8068. So far as may be practicable, Indian labor shall be Indians.
employed, and purchases of the products of Indian industry may be
made in open market in the discretion of the Secretary of Defense:
Provided, That the products must meet pre-set contract
specifications.
SEC. 8069. Not to exceed $100,000,000 may be transferred from the Prohibitions.
appropriation "Operation and Maintenance, Defense Agencies" to
operation and maintenance appropriations under the military
departments in connection with demonstration projects authorized
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99 STAT. 1214 PUBLIC LAW 99-190-DEC. 19, 1985
98 Stat. 2870. by section 1092 of title 10, United States Code: Provided, That the
Secretary of Defense shall promptly notify the Congress of any such
transfer of funds under this provision: 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.
Prohibitions. SEC. 8070. None of the funds available for Defense installations in
Germany. Europe shall be used for the consolidation or conversion of heating
facilities to district heating distribution systems in Europe: Pro-
vided, That those facilities identified by the Department of the
Army as of April 11, 1985, as being in advanced stages of negotia-
tions shall be exempt from such provision: Provided further, That
nothing in this section shall prohibit the conversion or consolidation
of heating facilities to district heating distribution systems at Bad
Kissingen, Hessen, in the Federal Republic of Germany.
Prohibitions. SEC. 8071. None of the funds appropriated by this Act shall be
available to compensate foreign selling costs as described in Federal
Acquisition Regulation 31.205-38(b) as in effect on April 1, 1984.
Trust Territory SEC. 8072. Of the funds appropriated for the operation and mainte-
of the Pacific nance of the Armed Forces, obligations may be incurred for humani-
Islands. tarian and civic assistance costs incidental to authorized operations,
and these obligations shall be reported to Congress on September 30,
1986: Provided, That funds available for operation and maintenance
shall be available for providing humanitarian and similar assistance
in the Trust Territories of the Pacific Islands by using Civic Action
Teams.
SEC. 8073. Notwithstanding any other provision of law, the Sec-
retaries 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.
Prohibitions. SEC. 8074. None of the funds available to the Department of
Kentucky. Defense may be used to transport any chemical munitions into the
Lexington-Blue Grass Army Depot for purposes of future demili-
tarization.
Prohibitions. Sec. 8075. None of the funds appropriated by this Act may be
obligated or expended for the purposes delineated in section
98 Stat. 2574. 1002(ex2) of the Department of Defense Authorization Act, 1985,
22 USC 1928 without the prior notification to the Committees on Appropriations
note. of the House of Representatives and the Senate.
Contracts. SEC. 8076. It is the sense of the Congress that the Secretary of
Defense should formulate and carry out a program under which
contracts awarded by the Department of Defense in fiscal year 1986
would, to the maximum extent practicable and consistent with
existing law, be awarded to contractors who agree to carry out such
contracts in labor surplus areas (as defined and identified by the
Department of Labor).
SEC. 8077. It is the sense of the Congress that competition, which
is necessary to enhance innovation, effectiveness, and efficiency, and
which has served our Nation so well in other spheres of political and
economic endeavor, should be expanded and increased in the provi-
sion of our national defense.
Contracts. SEC. 8078. Notwithstanding any other provision of law, each con-
State and local tract awarded by the Department of Defense in fiscal year 1986 for
governments. COristructlOn or services to be rformed in whole or in art in a
Defense and ~ p
national State which is not contiguous with another State and has an un-
security.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1215
employment rate in excess of the national average rate of unemploy-
ment 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. 8079. None of the funds appropriated by this Act shall be Prohibitions.
available to pa a dislocation allowance pursuant to section 407 of
title 37, United States Code, in excess of one month's basic allow- ante, p. 639.
ance for quarters.
SEC. 8080. None of the funds available to the Department of Prohibitions.
Defense shall be obligated or expended to contract out any activity Pennsylvania.
currently performed by the Defense Personnel Support Center in
Philadelphia, Pennsylvania: Provided, That this provision shall not
apply after notification to the Committees on Appropriations of the
House of Representatives and the Senate of the results of the cost
analysis of contracting out any such activity.
SEC. 8081. None of the funds appropriated by this Act shall be Prohibitions.
used to make contributions to the Department of Defense Education
Benefits Fund pursuant to section 2006(8) of title 10, United States
Code, representing the normal cyst for future benefits under section ss stet. 25ss.
1415(c) of title 38, United States Code, for any member of the armed ss stet. 2557.
services who, on or after the date of enactment of this Act, receives
an enlistment bonus under section 308a or 308f of title 37, United
States Code; nor shall any amounts representing the normal cost of 9s star. 2540.
such future benefits be transferred from the Fund by the Secretary
of the Treasury to the Administrator of Veterans' Affairs pursuant
to section 2006(d) of title 10, United States Code; nor shall the
Administrator pay such benefits to any such member.
SAC. 8082. Notwithstanding any other provision of this Act, no Prohibitions.
funds appropriated by this Act shall be expended for the research, Research and
development, test, evaluation or procurement for integration of a development.
nuclear warhead into the Joint Tactical Missile System (JTACMS).
SEC. 8083. Under regulations prescribed by the Secretary of De- Regulations.
fence, the Department of the Air Force and the Defense Logistics
Agency may test a flat rate per diem system for military and
civilian travel allowances: Provided, That per diem allowances paid
under a flat rate per diem system shall be in an amount determined
by the Secretary of Defense to be sufficient to meet normal and
necessary expenses in the area in which travel is performed, but in
no event will the travel allowances exceed $75 for each day in travel
status within the continental United States: Provided further, That Expiration.
the test approved under this section shall expire upon the effective
date of permanent legislation establishing a flat rate per diem
system for both military and civilian personnel.
SBC. 8084. Notwithstanding any other provision of law, during Health and
fiscal year 1986, the Department of Defense is to conduct a pilot test medical care.
project of providing home health care to dependents entitled to
health care under section 1076 of title 10, United States Code: ss stet. 2as9.
Provided, That such care is medically necessary or appropriate,
more cost effective than to continue paying for otherwise authorized
GRAMPUS benefits in medical facilities, and the beneficiary is not
covered for such care under any other public or private health
insurance plan.
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SEC. 8085. Not more than $2,744,293,000 of the funds appropriated
by this Act may be obligated for permanent change of station travel
(including all expenses of such travel for organizational movements):
Provided, That assignments for temporary duty may not be in-
creased in order to circumvent this limitation: Provided further,
That this limitation may be exceeded only upon a determination
and notification to the Congress by the Secretary of Defense that
such action is necessary to meet national security requirements.
Eduoatton. SEC. 8086. 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: Provided, That
notwithstanding any other provision of law, those individuals who
received assistance under the Army National Guard Assistance for
Military Professional Development program and who forfeited
money as a result of its cancellation on July 22, 1985, and who could
not continue in this program, shall be reimbursed for the moneys
they forfeited: Provided further, That no interest shall be paid on
the amounts reimbursed.
Prohibitions. SEC. 8087. None of the funds appropriated in this Act shall be used
contracts. for professional surveying and mapping services performed by con-
tract for the Defense Mapping Agency unless those contracts are
procured in accordance with the selection procedures outlined
ss star. 1521. pursuant to section 2855 of title 10, United States Code.
37 USC 403 note. SEC. 8088. During the current fiscal year, effective January 1,
1985, the rate of the basic allowance for quarters authorized by
ante, pp. 638, section 403(a) of title 37, United States Code, which is pa able to a
X40. member of the uniformed services who was entitled to that allow-
ance on December 31, 1984, shall not be less than the rate of the
basic allowance for quarters that was in effect for that member on
December 31, 1984 (unless the member holds a lower grade than he
held on that date or has had a change in dependent status from a
"with dependents" status to a "without dependents" status).
Prohibitions. SEC. 8089. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or func-
tion 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 Appro-
priations of the House of Representatives and the Senate.
SEC. 8090. Upon a determination by the Secretary of Defense that
such action will result in a more economical acquisition of auto-
matic data processing equipment, funds provided in this Act under
one appropriation account for the lease or purchase of such equip-
ment may be transferred through the Automatic Data Processing
Equipment Management Fund to another appropriation account in
this Act for the lease or purchase of automatic data processing
equipment to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation to
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1217
which transferred: Provided, That within thirty days after the end Report.
of each quarter the Secretary of Defense shall report transfers made
under this section to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That the
authority to transfer funds under this section shall be in addition to
any other transfer authority contained in this Act.
SEC. 8091. Appropriations available to the Department of Defense
during the current fiscal year shall be available, under such regula-
tions asthe Secretary of Defense may deem appropriate, to ex-
change or furnish mapping, charting, and geodetic data, supplies or
services to a foreign country pursuant to an agreement for the
production or exchange of mapping, charting, and geodetic data.
SEC. 8092. The lands described in Bureau of Land Management Alaska.
casefile AA-57372 shall be conveyed to the Municipality of Anchor-
age pursuant to the public interest land provisions of the North
Anchorage Land Agreement if such lands are declared excess to the
needs of the Army in Alaska.
SEC. 8093. Section 1411 of the Department of Defense Authoriza-
tion Act, 1986 (Public Law 99-145) is amended to read as follows: Anse, p. 74 ~.
"SEC. 1411. CONDITIONS ON SPENDING FUNDS FOR BINARY CHEMICAL
MUNITIONS
"(a) LIMITATION ON FISCAL PEAR 1986 Funds.-Funds appro-
priated pursuant to authorizations of appropriations in title I may
not beused-
"(1) for procurement or assembly of binary chemical muni-
tions (or components of such munitions); or
"(2) for establishment of production facilities necessary for
procurement or assembly of binary chemical munitions (or
components of such munitions), except in accordance with
subsections (b), (c), (d), and (e).
"(b) NATO CONSULTATION.-Subject to subsections (c), (d), and (e),
funds referred to in subsection (a) may be used for procurement or
assembly of binary chemical munitions or for the establishment of
production facilities necessary for the procurement or assembly of
binary chemical munitions (or components of such munitions) if the
President certifies to Congress that the United States-
"(1) has submitted to the North Atlantic Treaty Organization,
a force goal stating the requirement for modernization of the
United States proportional share of the NATO chemical deter-
rent with binary munitions and said force goal has been for-
mally adopted by the North Atlantic Council;
"(2) has developed in coordination with the Supreme Allied
Commander, Europe, a plan under which United States binary
chemical munitions can be deployed under appropriate contin-
gency plans to deter chemical weapons attacks against the
United States and its allies; and
"(3) has consulted with other member nations of the North
Atlantic Treaty Organization (NATO) on that plan.
"(C) CONDITIONS FOR FINAL A33EMBLY.-Funds referred to in
subsection (a) may not be used for the final assembly of complete
binary chemical munitions before October 1, 1987, and, subject to
subsections (d) and (e), may only be used for such purpose on or after
that date if-
"(1) amutually verifiable international agreement concerning
binary and other similar chemical munitions has not been
entered into by the United States by that date;
71-139 0 - 86 - 2 (190)
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99 STAT. 1218 PUBLIC LAW 99-190-DEC. 19, 1985
President of U.S. "(2) the President, after that date, transmits to Congress a
certification that-
Defense and "(A) final assembly of such complete munitions is neces-
aational sitated by national security interests of the United States
security. and the interests of other NATO member nations;
"(B) handling and storage safety specifications estab-
lished by the Department of Defense with respect to such
munitions will be met or exceeded;
"(C) applicable Federal safety requirements will be met
or exceeded in the handling, storage, and other use of such
munitions; and
"(D) the plan of the Secretary of Defense for destruction
of existing United States chemical warfare stocks developed
ante, p. 747. pursuant to section 1412 (which shall, if not sooner
transmitted to Congress, accompany such certification) is
ready to be implemented;
"(3) final assembly is carried out only after the end of the 60-
day period beginning on the date such certification is received.
by the Congress;
"(4) the plan of the Secretary of Defense for land-based stor-
age of such munitions within the United States during peace-
time provides that the two components that constitute a binary
chemical munition are to be stored in separate States; and.
"(5) the plan of the Secretary of Defense for the transpor-
tation of such munitions within the United States during peace-
time provides that the two components that constitute a binary
munition are transported separately.
"(d) RESTRICTIONS oN PRODUCTION of THE BIGEYE BOMB.-Except
as provided below, none of the funds appropriated pursuant to
authorizations of appropriations in title I may be used for procure-
ment or assembly of the BIGEYE binary chemical bomb or for
procurement of components for the BIGEYE bomb until 60 days
after the Secretary of Defense has submitted a report describing-
"(1) the specific operational requirements which must be
achieved by the BIGEYE system; and
"(2) the actual performance of the system during operational
testing with respect to each of the operational test criteria; and
"(3) any exceptions to the operational criteria deemed accept-
able by the Department of Defense.
Subject to subsection (b) nothing in this subsection will ~irohibit the
procurement of BIGEYE production facilities and associated equip-
ment.
"(e) RESTRICTION ON PRODUCTION of THE GB-2 ARTILLERY PROJEC-
TILE.-None of the funds appropriated pursuant to authorizations in
title I for procurement or assembly of the GB-2 artillery projectile
may be obligated or expended before October 1,1986.
"(fl SExSE of CoNGRE33.-It is the sense of Congress that existing
unitary chemical munitions currently stored in the United States
and in European member nations of NATO should be replaced by
modern, safer binary chemical munitions.
President of U.S. "(g) REPORT.-Not later than October 1, 1986, the President shall
submit to Congress a report describing the results of consultations
among NATO member nations concerning the o anization's chemi-
cal deterrent posture. The report shall include descriptions of any
consultations concerning-
"(1) efforts to provide key civilian workers at military support
facilities in Europe-
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"(A) with personal and collective equipment to protect
against the use of chemical munitions; and
"(B) with the training required for the use of such
equipment;
"(2) efforts to upgrade the chemical reconnaissance, decon-
tamination, and protective capabilities of the military forces of
each NATO member nation to a level adequate to meet the
chemical threat identified in NATO intelligence estimates;
"(3) efforts to initiate aNATO-wide study of measures re-
quired to protect ports, airfields, logistics centers, and command
and control facilities in European member nations of NATO
against chemical attack; and
"(4) efforts to initiate aNATO-wide study of equitable and
efficient sharing among NATO member nations of responsibil-
ities with regard to deterring the use of chemical munitions in
Europe.".
SEC. 8094. None of the funds appropriated in this Act may be Prohibitions.
obligated or expended for procurement of C-12 aircraft unless such Aircraft and air
aircraft are procured through competitive procedures (as defined in carriers.
section 2302(2) of title 10, United States Code), which shall be s8 stat. 3087.
restricted to turboprop aircraft.
SEC. 8095. None of the funds in this Act may be obligated for Prohibitions.
procurement of 120mm mortars or 120mm mortar ammunition 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. 8096. Appropriations made available to the Department of
Defense by this Act may be used at sites formerly used by the
Department of Defense for removal of unsafe buildings or debris of
the Department of Defense: Provided, That such removal must be
completed before the property is released from Federal Government
control, other than property conveyed to State or local government
entities or native corporations.
SEC. 8097. None of the funds appropriated by this Act or any other Prohibitions.
Act may be obligated or expended to carry out a test of the Space io use iss note.
Defense System (anti-satellite weapon) against an object in space
until the President certifies to Congress that the Soviet Union has
conducted, after October 3, 1985, a test against an object in space of
a dedicated anti-satellite weapon.
SEC. 8098. Of the funds made available by this Act to the Depart- Alaska.
ment of the Army, $7,200,000 shall be transferred to the Bureau of
Land Management for the relocation of the district office at Fort
Wainwright, Alaska.
SEC. 8099. None of the funds appropriated by this Act shall be Prohibitions.
used for the support of any nonappropriated fund activity of the Alcohol and
Department of Defense that procures alcoholic beverages with alcoholic
nona ro riated funds for resale (includin alcoholic bevera es sold beverages.
PP P g g 10 USC 138 note.
by the drink) on a military installation located in the United States,
unless such alcoholic beverages are procured in the State, or in the
case of the District of Columbia, within the District of Columbia, in
which the installation is located: Provided, That in a case in which a
military installation is located in more than one State, purchases
may be made in any State in which the installation is located:
Provided further, That not later than one year after the date of Report.
enactment of this Act, the Secretary shall transmit a report to the
Congress concerning the implementation of this section.
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SEC. 8100. The Secretary of Defense may transfer, not to exceed
$468,000,000 from the Foreign Currency Fluctuation, Defense ac-
Report. count to appropriations provided in title II of this Act: Provided
10 USC 7572
note.
98 Stat. 2537.
Ante, p. 638.
That the Secretary of Defense shall report to the Committees on
Appropriations of the House of Representatives and Senate of trans-
fers made under this authority: Provided further, That funds so
transferred shall be made available for the same time period and
purpose as the appropriation to which transferred: Provided further,
That this transfer authority is in addition to any other transfer
authority provided elsewhere in this Act.
SEC. 8101. Within the funds made available under title II of this
Act, the military departments may use such funds as necessary, but
not to exceed $4,700,000, to carry out the provisions of section 430 of
title 37, United States Code.
SEC. 8102. The amendments made to section 7572(bx3) of title 10,
United States Code, and to section 3 of Public Law 96-357 (10 U.S.C.
7572 note) by section 606 of the Department of Defense Authoriza-
tion Act, 1986, shall apply to reimbursement of expenses incurred on
or after October 1, 1985, by a member of a uniformed service on sea
duty.
SEC. 8103. (a) In addition to other funds made available by this
Act, $6,306,906,000 shall be available for obligation and expenditure
from prior year unobligated balances from the following accounts in
the amounts specified:
Prior Year
Transfer
Other Procurement, Navy-1985/87....
Other Procurement, Navy-1984/86.........
Procurement of Ammunition, Army-1984/86 ...........................................
Procurement of Ammunition, Army-1985/87 ...........................................
Other Procurement, Army-1984/86 ............................................................
Other Procurement, Army-1985/87 ............................................................
Aircraft Procurement, Navy-1984/86 .........................................................
Aircraft Procurement, Navy-1985/87 .........................................................
Weapons Procurement, Navy-1985/87 .......................................................
Shipbuilding and Conversion, Navy-1982/86 ............................................
Shipbuilding and Conversion, Navy-1983/87 ............................................
Shipbuilding and Conversion, Navy-1984/88 ............................................
Shipbuilding and Conversion, Navy-1985/89 ............................................
Procurement of Weapons
1984/86.
Procurement of Weapons
1985/87.
Aircraft Procurement, Army-1985/87 ........................................................
Missile Procurement, Army-1984/86 ..........................................................
Missile Procurement, Army-1985/87 ..........................................................
Aircraft Procurement, Air Force-1984/86 .................................................
Aircraft Procurement, Air Force-1985/87 .................................................
Missile Procurement, Air Force-1984/86 ...................................................
Missile Procurement, Air Force-1985/87 ...................................................
Other Procurement, Air Force-1984/86 .....................................................
Other Procurement, Air Force-1985/87 .....................................................
Procurement, Defense Agencies-1984/R6 ...................................................
$117,900,000
10,100,000
56,400,000
336,500,000
30,400,000
147,700,000
81,000,000
176,500,000
60,800,000
490,500,000
15,000,000
391,600,000
691,300,000
398,600,000
517,800,000
75,790,000
200,693,000
47,717,000
246,400,000
864,000,000
29,400,000
53,400,000
94,127,000
253,349,000
15,000,000
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Prior Year
Transfer
Procurement, Defense Agencies-1985/87 ................................................... 21,000,000
Research, Development, Test and Evaluation, Army-1985/86 .............. 96,130,000
Research, Development, Test and Evaluation, Navy-1985/86 ............... 188,000,000
Research, Development, Test and Evaluation, Air Force-1985/86....... 264,000,000
Research, Development, Test and Evaluation, Defense Agencies- 82,000,000
1985/86. -
TOTAL .................................................................................................... $6,306.906,000
(b) The foregoing unobligated balances in subsection (a) shall
remain available for obligation only for the time period provided
when originally appropriated, and may be transferred by the Sec-
retary of Defense to appropriations in titles I, II, III, IV, VI and VII
as may be required for only the military pay raise of October 1, 1985,
payments to the military retirement trust fund including those
requirements that may be established by subsequent acts of Con-
gress, the Mariner Fund and the Coastal Defense Augmentation
account, and for increased readiness of conventional forces in pro-
grams funded in the operation and maintenance accounts, including
but not limited to flying hours, steaming hours, and training: Pro- Prohibitions.
uided, That no funds may be transferred or obligated until 15 days
after the Secretary of Defense notifies the Committees on Appro-
priations of the House and Senate of such transfers and obligations:
Provided further, That $852,100,000 shall be available only for the
Mariner Fund and may not be obligated or expended for any
purpose until enactment of legislation establishing a Mariner Fund
program for construction and lease of militarily useful vessels and
until 60 days after notification to the Committees on Appropriations
of the House and Senate of the intent to obligate from such Fund:
Provided further, That notwithstanding any other provision of this
section, after May 1, 1986, obligations from the Military Personnel
accounts contained in this Act shall not exceed a rate in excess of
the rate required to limit total obligations to the obligation ceilings
established by law for such accounts for fiscal year 1986: Provided
further, That in addition to funds appropriated elsewhere in this
Act, $140,000,000 of the foregoing unobligated balances shall be for
the Coastal Defense Augmentation account: Provided further, That
none of the foregoing unobligated balances may be transferred,
reprogramed, or otherwise applied to offset the impact of sequester
orders required under the provisions of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That the A,~ae, p. lo3H.
transfer authority contained in this section shall be in addition to
any other transfer authority contained in this Act.
SEC. 8104. None of the funds available to the Department of the Prohibitions.
Navy may be used to enter into any contract for the overhaul, Vessels.
repair, or maintenance of any naval vessel on the West Coast of the contracts.
United States which includes charges for interport differential as an
evaluation factor for award.
SEC. 8105. Notwithstanding any other provision of law, none of the Prohibitions.
funds appropriated by this Act shall be used for the installation,
maintenance, and operation of a 223/4 x 36-inch perfecting web offset
press with in-line folder procured by or for the Department of the
Air Force under solicitation number F01600-85-B0021.
SEC. 8106. None of the funds made available by this Act maybe prohibitions.
used to alter the command structure for military forces in Alaska. Alaska.
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99 STAT. 1222 PUBLIC LAW 99-190-DEC. 19, 1985
Prohibitions. SEC. 8107. None of the funds appropriated in this Act may be
Vessels. obligated or expended to carry out a program to paint any naval
vessel with paint known as organotin or with any other paint
containing the chemical compound tributyltin until such time as the
Environmental Protection Agency certifies to the Department of
Defense that whatever toxicity as generated by organotin paints as
included in Navy specifications does not pose an unacceptable
hazard to the marine environment.
Prohibitions. SEC. 8108. No funds appropriated under this Act for the Strategic
Contracts. Defense Initiative Program shall be earmarked by any agency of the
Llnited States Government or any contractor exclusively for con-
tracts with non-United States contractors, subcontractors, or ven-
dors, or exclusively for consortia containing non-United States
contractors, subcontractors, or vendors, prior to source selection in
order to meet a specific quota or allocation of funds to any allied
nation. Furthermore, it is the sense of the Congress that, whenever
possible, the Secretary of Defense and others should attempt to
award Strategic Defense Initiative contracts to United States con-
tractors, subcontractors, and vendors unless such awards would
degrade the likely results obtained from such contracts: Provided,
That allied nations should be encouraged to participate in the
Strategic Defense Initiative research effort on a competitive basis
and be awarded contracts on the basis of technical merit.
Prohibitions. SEC. 8109. None of the funds appropriated pursuant to this Act to
or for the use of the Department of Defense may be obligated or
expended for any purpose unless such funds have been authorized to
be appropriated for such purpose by law other than this Act:
Provided, That the preceding sentence does not apply to funds
appropriated in this Act for Coastal Defense Augmentation;
$375,000,000.
SEC. 8110. Of the funds available in the Army Industrial Fund,
$25,000,000 shall be available to be used to implement immediately,
or to transfer to another appropriation account in this Act to be
used to implement immediately, the program proposed by the
Department in its letter of August 30, 1985, from the Assistant
Secretary of Defense for Acquisition and Logistics, to rehabilitate
and convert current steam generating plants at defense facilities in
the United States to coal burning facilities in order to achieve a coal
consumption target of 1,600,000 short tons of coal per year above
current consumption levels at Department of Defense facilities in
the United States by fiscal year 1994: Provided That anthracite or
bituminous coal shall be the source of energy at such installations:
Provided further, That during the implementation of this proposal,
the amount of anthracite coal purchased by the Department shall
remain at least at the current annual purchase level, 302,000 short
tons.
space shuttle. SEC. 8111. The Secretary of Defense and the Administrator of the
Defense and National Aeronautics and Space Administration will jointly deter-
national mine which payloads will be launched on Titan II launch vehicles
security.
42 USC 24s4a. and certify by notice to the Congress that Such launches are cost
effective as compared to launches by the space shuttle and do not
diminish the efficient and effective utilization of the space shuttle
capability: Provided That this section may be waived only upon
certification by the Secretary of Defense that certain classified
payloads must be launched on the Titan II launch vehicle as opposed
to the space shuttle, for national security reasons.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1223
SEC. 8112. (a) REVISIONS TO DEFENSE CONTRACT ALLOWABLE COST
PROVISION.-Section 2324 of title 10, United States Code, is amended Ante, p. s82.
as follows:
(1) Subsection (ex2) is amended-
(A) by inserting "(A)" after "(2)"; and
(B) by adding at the end thereof the following new
subparagraph:
"(B) The Secretary shall submit to the committees named in Regulations.
subparagraph (C) any proposed regulations that would make sub-
stantive changes to regulations prescribed under the second sen-
tence of subparagraph (A) before the publication of such proposed
regulations in accordance with section 22 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418b). ss star. 3o7s.
"(C) The committees named in this subparagraph are-
"(i) the Committees on Armed Services and on Government
Operations of the House of Representatives; and
"(ii) the Committees on Armed Services and on Governmental
Affairs of the Senate.".
(2) Subsection (hx2) is amended by inserting ", in an excep-
tional case," after "concerned may".
(3) Such section is further amended by redesignating subsec-
tion (j) as subsection (k) and inserting after subsection (i) the
following new subsection (j):
"(jxl) The Comptroller General shall periodically evaluate the
implementation of this section by the Secretary of Defense. Such
evaluation shall consider the extent to which-
"(A) such implementation is consistent with congressional
intent;
"(B) such implementation achieves the objective of eliminat-
in~ unallowable costs charged to defense contracts; and
`(C) such implementation (as well as the provisions of this
section and the regulations prescribed under this section) could
be improved or strengthened.
"(2) The Comptroller General shall submit to the committees Report.
named in subsection (ex2xC) a report on such evaluation within 90 Federal
days of publication by the Secretary of Defense in the Federal Register,
Re ster of re lations that make substantive Chan es in re la_ Publication.
~ ~ g ~ Regulations.
tions prescribed under subsection (e) or (f) or in any other regula-
tions of the Department of Defense pertaining to allowable costs
under covered contracts.".
(b) CONGRESSIONAL COMMITTEE REVIEW OF PROPOSED INITIAL REGU- 10 USC `l324
LATIOxs.-(1) The regulations required under section 911(b) of the note.
Department of Defense Authorization Act, 1986 (Public Law 99-145), Ante, p. ss2.
to be prescribed not later than 150 days after the date of the
enactment of such Act shall be submitted to the committees named
in paragraph (2) before the publication of such regulations in accord-
ance with section 22 of the Office of Federal Procurement Policy Act
(41 U.S.C. 418b). 98 Stat. 3076.
(2) The committees named in this paragraph are-
(A) the Committees on Armed Services and on Government
Operations of the House of Representatives; and
(B) the Committees on Armed Services and on Government
Affairs of the Senate.
(C) INITIAL COMPTROLLER GENERAL EVALUATION AND REPORT.-Tile 10 USC 2324
Comptroller General shall submit to the committees named in note.
subsection (bx2) a report on the Comptroller General's initial
evaluation under subsection (j)(1) of section 2324 of title 10, United
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99 STAT. 1224 PUBLIC LAW 99-190-DEC. 19, 1985
Department of
the Interior and
Related
Agencies
Appropriations
Act, 1986.
States Code, as added by subsection (a). Such report shall be submit-
ted within 180 days of the publication by the Secretary of Defense
under section 911(b) of the Department of Defense Authorization
Act, 1986 (Public Law 99-145), of the regulations referred to in such
section.
This Act many be cited as the "Department of Defense Appropria-
tions Act, 1986'.
(c) Such amounts as may be necessary for programs, projects, or
activities provided for in the District of Columbia Appropriations
Act, 1986 (H.R. 3067), to the extent and in the manner provided for
in the conference report and joint explanatory statement of the
committee of conference (House Report 99-419), as filed in the
House of Representatives on December 5, 1985, as if enacted into
law: Proaide~ That the appropriation for a Federal contribution to
the District of Columbia for the "Criminal Justice Initiative" under
amendment number 2 shall be "$13,860,000" instead of
"$14,010,000".
"(d) Such amounts as may be necessary for programs, pro ects or
activities provided for in the De rtment of the Interior and dated
Agencies Appropriations Act, 1986, at a rate of operations and to the
extent and in the manner provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:".
An Act making appropriations for the De ment of the Interior
and Related Agencies for the fiscal year en September 30, 1986,
and for other purposes.
TITLE I-DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LAND3 AND RE$OUBCE$
For expenses n for protection, use, improvement, develop-
ment, disposal, cadastr 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 Management, including the
eneral administration of the Bureau of Land Management,
398,566,000.
For acquisition of lands and interests therein, and construction of
buildings, recreation facilities, roads, trails, and appurtenant facili-
ties, $1,403,000, to remain available until expended.
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,
43 use 1715, 206, and 318(d) of Public Law 94-579 including administrative ex-
nses and acquisition of Lands or waters, or interest therein,
,300,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1225
For expenses necessary for management, protection, and develop-
ment 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; $56,114,000, to remain available until expended:
Provided, That the amount appropriated herein for road construc-
tion 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 fiscal 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 subsec-
tion (b) of title II of the Act of August 28, 1937 (50 Stat. 876). as vsc iisir.
For rehabilitation, protection, and acquisition of lands and in-
terests 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 a3 use t~~i.
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.), as use :ii5b,
but not less than $10,000,000 (43 U.S.C. 1901), and the amount slim.
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, to remain available
until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses: Provided further, That the
dollar equivalent of value, in excess of the grazing fee established
under law and paid to the United States Government, received by
any permittee or lessee as compensation for an assignment of a
grazing permit or lease, or any grazing privileges or rights there-
under, and in excess of the installation and maintenance cost of
grazing improvements provided for by the permittee in the allot-
ment management plan or amendments or otherwise approved by
the Bureau of Land Management, shall be paid to the Bureau of
Land Management and disposed of as provided for by section 401(b)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701): Provided further, That if the dollar value prescribed above is 4s use t7si.
not paid to the Bureau of Land Management, the grazing permit or
lease shall be canceled.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal
of public lands and resources, for monitoring construction, oper-
ation, 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.
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99 STAT. 1226 PUBLIC LAW 99-190-DEC. 19, 1985
43 USC 1719, 1701), and sections 101 and 203 of Public Law 93-153, to be imme-
1734, 1735,1764. diately available until expended.
30 USC 185.
43 USC 1652.
98 Stat. 2718.
43 USC 1737.
43 USC 1721.
In addition to amounts authorized to be expended under existing
law, there is hereby appropriated such amounts as may be contrib-
uted 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 omit-
ted lands under section 211(b) of that Act, to remain available until
expended.
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 appurtenant facilities to which the United States has title; up to
$10,000 for payments, at the discretion of the Secretary, for informa-
tion or evidence concerning violations of laws administered by the
United States Bureau of Land Management; miscellaneous and
emergency expenses of enforcement activities authorized or ap-
proved by the Secretary and to be accounted for solely on his
certificate, not to exceed $10,000: Provided, That appropriations
herein made for the Bureau of Land Management expenditures in
connection with the revested Oregon and California Railroad and
reconveyed Coos Bay Wagon Road grant lands (other than expendi-
tures made under the appropriation "Oregon and California grant
lands") shall be reimbursed to the General Fund of the Treasury
from the 25 per centum referred to in subsection (c), title II, of the
43 USC 1181?. ACt approved August 28, 1937 (50 Stat. 876), of the special fund
designated the "Oregon and California land grant fund" and section
43 Usc 1181E 4. 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund
, ~,
designated the Coos Bay Wagon Road grant fund : Provided fur-
ther, Thai appropriations herein made may be expended for surveys
of Federal lands of the United States and on a reimbursable basis
for surveys of Federal lands of the United States and for protection
43 uSC 1752 of lands for the State of Alaska: Provided further, That an appeal of
note. 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 any proposed reduction in 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 appropriations herein made shall be avail-
able for paying costs incidental to the utilization of services contrib-
uted by individuals who serve without compensation as volunteers
in aid of work of the Bureau.
Notwithstanding any other provision of this Act, in the event the
sale, award, or operation of any timber sale or sales in the Medford
(Oregon) District of the Bureau of Land Management is enjoined,
stayed or otherwise delayed by reason of administrative appeal or
judicial review, the Secretary of the Interior shall resell timber
returned under provisions of the Federal Timber Contract Payment
sa stat. 2213. Modification Act to the extent necessary to achieve sale of the full
16 USC s18 note. annual allowable cut for fiscal years 1985 and 1986 in the Medford
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1227
District. The Secretary shall determine the potential environmental
degradation of timber sales returned pursuant to the Federal
Timber Contract Payment Modification Act and shall characterize ss star. 22ta.
each sale's potential environmental impact as minimal, moderate, is use sia note.
or serious. The Secretary must give resale priority to those sales
with the least risk of potential environmental degradation. Sales
that are reoffered may be modified, including minor additions. Any
decision of the Secretary to resell such timber shall not be subject to
judicial review.
For expenses necessary for scientific and economic studies, con-
servation, 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 $3,300,000 for high priority projects within the scope of
the approved budget which shall be carried out by Youth Conserva-
tion Corps as if authorized by the Act of August 13, 1970, as
amended by Public Law 93-408; $301,222,000, of which $4,420,000 to is use t~oi
carry out the purposes of 16 U.S.C. 1535, shall remain available note.
until expended; and of which $5,665,000 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 (90
Star. 2921), to compensate for loss of fishery resources from water so star. zsi~.
development projects on the Lower Snake River, which will remain
available until expended.
CONSTRUCTION AND ANADROMOUS FISH
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigations, protec-
tion, and utilization of sport fishery and wildlife resources, and the
acquisition of lands and interests therein; $21,296,000, to remain
available until expended, of which $2,000,000 shall be available for
expenses to carry out the Anadromous Fish Conservation Act (16
U.S.C. 757a-757g).
MIGRATORY BIRD CONSERVATION ACCOUNT
For an advance to the migratory bird conservation account, as
authorized by the Act of October 4, 1971, as amended (16 U.S.C.
715k-3, 5), $15,000,000, to remain available until expended.
LAND ACQUISITION
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
is Usc asoi-4
land or waters, or interest therein, in accordance with statutory
note.
authority applicable to the United States Fish and Wildlife Service,
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99 STAT. 1228 PUBLIC LAW 99-190-DEC. 19, 1985
$40,670,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
For expenses necessary to implement the Act of October 17, 1978
(16 U.S.C. 715s), $5,645,000.
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 191
passenger motor vehicles of which 178 are for replacement only
(including 67 for police-type use); purchase of 4 new aircraft for
replacement only; acceptance of one donated aircraft as an addition;
not to exceed $300,000 for payment, at the discretion of the Sec-
retary, for information, rewards, or evidence concerning violations
of laws administered by the United States Fish and Wildlife Service,
and miscellaneous and emergency expenses of enforcement activi-
ties, 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
aquana, 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 connec-
tion with management and investigation of fish and wildlife
resources.
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 truck-
ing permittees on a reimbursable basis), and for the general
administration of the National Park Service, including not to exceed
$410,000 for the Roosevelt Campobello International Park Commis-
sion, $490,000 for the Volunteers-in-the-Park program, not less than
$3,300,000 for high priority projects within the scope of the approved
budget which shall be carved out by Youth Conservation Corps as if
authorized by the Act of August 13, 1970, as amended by Public Law
is use i7oi 93-408, and $175,000 for the National Capital Children's Museum.
note. and $175,000 for the Arena Stage as if authorized by the Historic
16 USC 461 note. Sites Act of 1935 (16 U.S.C. 462(e)), $627,763,000 without regard to
the Act of August 24, 1912, as amended (16 U.S.C. 451): Prouided,
is UsC lob note. That the 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 invest-
ments without compensation: Provided further, That hereafter
appropriations for maintenance and improvement of roads within
the boundary of Indiana Dunes National Lakeshore shall be avail-
able for such purposes without regard to whether title to such road
rights-of-way is in the United States: Prouided further, That $85,000
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1229
shall be available to assist the town of Harpers Ferry, West Vir-
ginia, for police force use: Provided further, That the educational
center to be located at the Boott Mill Complex, Building No. 6, in the
Lowell National Historical Park, Massachusetts, is hereby des-
ignated and shall be known as the "Paul E. Tsongas Industrial
History Center": Provided further, That $150,000 shall be available
solely for the restoration and renovation of the Lonoke Depot in
Lonoke, Arkansas.
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, environmental compliance and
review, and grant administration, not otherwise provided for,
$11,096,000.
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), $24,945,000 to be derived from the Historic Preservation
Fund, established by section 108 of that Act, as amended, to remain 16 USC 47oh.
available for obligation until September 30, 1987.
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), $114,121,000, to remain available until expended, of
which $8,500,000 shall be derived by transfer from the National
Park System Visitor Facilities Fund; including $3,168,000 to carry
out the provisions of sections 303 and 304 of Public Law 95-290; 1s UsC 4ioc~-as,
including, subject to authorization, $8,100,000 to be expended for 41occ-34.
engineering and construction of the Burr Trail National Rural
Scenic Road in and adjacent to the Capitol Reef National Park and
the Glen Canyon National Recreation Area and an interpretive
center near the town of Boulder, Utah, such funds to be transferred
to the State of Utah for accomplishment of these activities in
accordance with the provisions of a cooperative agreement to be
developed among the National Park Service, the Bureau of Land
Management, Garfield County, and the State of Utah: Provided,
That appropriations for maintenance and improvement of roads
within Capitol Reef National Park and Glen Canyon National
Recreation Area and construction and maintenance of an interpre-
tive center shall hereafter be available for such purposes without
regard to whether title to such road rights-of--way or lands for the
interpretive center is in the United States: Provided further, That in
the event the National Park Service fails to maintain the road as
provided under the terms of said cooperative agreement, any rights-
of-way which may be transferred to the National Park Service will
revert to Garfield County: Provided further, That in the event of
reversion of the road to Garfield County, the County shall provide
payment to the United States of an amount based upon the depre-
ciated value of the capital investment resulting from Federal funds
expended on the road for construction purposes; and including
$2,000,000 to assist local communities to protect Mammoth Cave
National Park from groundwater pollution: Provided further, That
the National Park Service share of the Mammoth Cave protection
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99 STAT. 1230 PUBLIC LAW 99-190-DEC. 19, 1985
project shall not exceed 25 per centum: Provided further, That for
payment of obligations incurred for continued construction of the
Cumberland Gap Tunnel, as authorized by section 160 of Public Law
s7 star. 27a. 93-87, $10,300,000, to be derived from the Highway Trust Fund and.
to remain available until expended to liquidate contract authority
s2 star. 2sso. provided under section 104(ax8) of Public Law 95-599, as amended,
such contract authority to remain available until expended: Pro-
vided further, That funds made available pursuant to this Act for
the Cumberland Gap Tunnel shall only be available when the States
of Kentucky and Tennessee have entered into an agreement with
the National Park Service to operate and maintain all portions of
U.S. Route 25E, including the Tunnel, within the boundaries of the
Cumberland Gap National Historic Park.
16 USC 4601-4
note.
LAND ACQUISITION AND STATE ASSISTANCE
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, $98,400,000, to be
derived from the Land and Water Conservation Fund, to remain
available until expended, of which $50,000,000 is for the State
Assistance program including $1,650,000 to administer the program:
Provided, That State administrative expenses associated with the
State grant portion of the State Assistance program shall not exceed
15 percent: Provided further, That none of the State Assistance
funds may be used as a contingency fund: Provided further, That of
the amounts previously appropriated to the Secreta s contingency
fund for grants to States, $852,000 shall be avai le in 1986 for
administrative expenses of the State grant program.
For expenses necessary for operating and maintaining the
nonperforming arts functions of the John F. Kennedy Center for the
Performing Arts, $4,800,000.
ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR
COMMISSION
For the operation of the Illinois and Michigan Canal National
Heritage Corridor Commission, $250,000.
JEFFERSON NATIONAL E%PANSION MEMORIAL COMMISSION
For the operation of the Jefferson National Expansion Memorial.
Commission, $75,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available
for the purchase of not to exceed 1 aircraft and 286 passenger motor
vehicles, of which 242 shall be for replacement only, including not to
exceed 174 for police-type use and 6 buses; to provide, notwithstand-
ing 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;
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1231
options for the purchase of land at not to exceed $1 for each option;
and for the procurement and delivery of medical services within ?he
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 emer-
gency 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 none of the funds appropriated to the Na-
tional Park Service may be used to add industrial facilities to the
list of National Historic Landmarks without the consent of the
owner: 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 the loan ceiling established under section 4(b) of Public Law is UsC 2s4~
97-310, the Wolf Trap Farm Park Act, as amended, is increased to note.
$9,500,000. Notwithstanding the loan repayment provisions of Public
Law 97-310, the dollar amount of items paid for by the Wolf Trap
Foundation from funds provided by the additional loan authority in
this section that is subsequently reimbursed to the Foundation by a
court award or insurance settlement shall be repaid to the Secretary
of the Interior by the Wolf Trap Foundation within 90 days of the
date of the court award or insurance settlement.
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the Geological Survey to perform
surveys, investigations, and research covering topography, geology,
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; $431,961,000:
Provided, That $52,324,000 shall be available only for cooperation
with States or municipalities for water resources investigations:
Provided further, That no part of this appropriation shall be used to as use So.
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 in fiscal year 1986 and 43 UsC 5oa.
thereafter, all amortization fees resulting from the Geological
Survey providing telecommunications services shall be deposited in
a special fund to be established on the books of the Treasury and be
immediately available for payment of replacement or expansion of
telecommunications services, to remain available until expended:
Provided further, That the Geological Survey 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.
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The amount appropriated for the Geological Survey shall be
available for purchase of not to exceed 16 passenger motor vehicles,
for replacement only; reimbursement to the General Services
Administration for security guard services; contracting for the fur-
nishing of topographic maps and 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; ac-
quisition of lands for observation wells; expenses of the United
States National Committee on Geology; and payment of compensa-
tion 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 appropriations herein made shall be available for paying costs
incidental to the utilization of services contributed by individuals
who serve without compensation as volunteers in aid of work of the
Geological Survey, and that within appropriations herein provided,
Geological Survey officials may authorize either direct procurement
of or reimbursement for expenses incidental to the effective use of
volunteers such as, but not limited to, training, transportation,
lodging, subsistence, equipment, and supplies: Provided further,
That provision for such expenses or services is in accord with
volunteer or cooperative agreements made with such individuals,
private organizations, educational institutions, or State or local
governments.
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 8 passenger motor vehicles
for replacement only; $168,018,000, of which not less than
$45,260,000 shall be available for royalty management activities
43 USC 1352 including general administration: Provided, That notwithstanding
note. any other provision of law, when in Fiscal year 1986 and thereafter
any permittee provides data and information to the Secretary pursu-
ant to section 1352(axlxCxiii) of title 43, United States Code, the
Secretary shall pay only the reasonable cost of reproducing such
data and information: Provided further, That notwithstanding any
other provision of law, funds appropriated under this Act shall be
available for the payment of interest in accordance with 30 U.S.C.
1721(b) and (d).
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 mineral resources and the prevention of waste
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1233
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 and the mineral industry
through research; and for other related purposes as authorized by
law, $134,255,000, of which $79,537,000 shall remain available until
expended.
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: 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.
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, 3o use i2oi
$85,153,000, including the purchase of not to exceed 14 passenger note.
motor vehicles, of which 9 shall be for replacement only; and
uniform allowances of not to exceed $400 for each uniformed em-
ployee of the Office of Surface Mining Reclamation and Enforce-
ment; and notwithstanding 31 U.S.C. 3302, an amount equal to sa stet. 1152.
receipts to the General Fund of the Treasury from performance
bond forfeitures, estimated at $500,000 in fiscal year 1986, to remain
available until expended: Provided That no funds shall be used to
finalize or implement any proposed rule, or take any other action
which would result in the adoption by the Office of Surface Mining
Reclamation and Enforcement of a rule or regulation pursuant to
section 507(a) of Public Law 95-87 which would require applicants to ao use 1257.
reimburse the Department of the Interior for costs incurred in the
collection of application fees for permits to conduct surface coal
mining and reclamation operations; for permits to conduct coal
exploration; for processing mining plans; or for the review of surface
coal mining and reclamation permits.
For necessary expenses to carry out the provisions of title IV of
the Surface Mining Control and Reclamation Act of 1977, Public
Law 95-8?, including the purchase of not more than 21 passenger ao use 12x1.
motor vehicles, of which 15 shall be for replacement only, to remain
available until expended, $207,385,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund: Prouided That pursuant to
Public Law 97-365, the Department of the Interior is authorized to > use 5514 note.
utilize up to 20 per centum from the 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 95-87, administrative expenses may not exceed 3o usC 12ss.
15 per centum: Provided further, That none of these funds shall be
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99 STAT. 1234 PUBLIC LAW 99-190-DEC. 19, 1985
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) applying 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)), including 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 fifty percent of an Abandoned Mine Reclamation fund
3o use i2si. grant, available to a State pursuant to title IV of Public Law 95-87,
3o UsC 1271. when pursuant to the procedures set forth in section 521 of the Act,
the Secretary determines that a State is systematically failing to
adequately administer the enforcement provisions of the approved
State regulatory program. Funds will be denied until such time as
the State and the Office of Surface Mining Reclamation and
Enforcement have agreed upon an explicit plan of action for correct-
ing the enforcement deficiency. A State may enter into such agree-
ment 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
3o UsC 1232. authorized in section 402(gx3) shall be on a priority basis with the
first priority being protection of public health, safety, general wel-
fare, and property from extreme danger of adverse effects of coal
30 USC 1233. mining practices, as stated in section 403 of Public Law 95-87.
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 pay-
ment 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 appur-
tenant 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 busi-
ness 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, $891,312,000, of which not to
exceed $54,556,000 for higher education scholarships 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, 1987, 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,
1987: Provided, That this carryover authority does not extend to
programs directly operated by the Bureau of Indian Affairs: Pro-
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1235
vided further, That not to exceed $18,042,000 shall be obligated for
automatic data processing in fiscal year 1986; and includes expenses
necessary to carry out the provisions of section 19(a) of Public Law
93-531 (25 U.S.C. 640d-18(a)), $2,886,000, to remain available until
expended; and an additional $6,000,000 which, notwithstanding any
other law, is immediately available for obligation before January 18,
1986, by the Secretary of the Interior through the Bureau of Indian
Affairs only for the emergency provision of hay to Indians using the
distribution formula of the Indian Acute Distress Donation Program
to aid in maintaining foundation cattle herds in Montana, North
Dakota, and South Dakota. The Secretary may, but is not required
to, enter into contracts under section 102 of the Indian Self-Deter-
mination Act (88 Stat. 2206; 25 U.S.C. 450f) in connection with the
appropriation made in this paragraph and no indirect cost or over-
head shall be allowed under any such contract from any appropria-
tion. All costs incurred directly or indirectly by the Secretary in
connection with the appropriation made in this paragraph for other
than the direct cost of the hay and its transportation shall be met
from other amounts appropriated for the operation of Indian pro-
grams. Any part of the appropriation made in this paragraph which
is not expended by March 15, 1986, shall be deobligated and shall
not be available for obligation or expenditure.
The Secretary of the Interior shall make a report or reports to
Congress by September 1, 1986 on (1) the use of the appropriation in
the preceding paragraph, (2) the impact of the drought disaster on
the Indian reservations in Montana, North Dakota, and South
Dakota, (3) long-term strategies to address the disaster on each of
those reservations, and (4) the effectiveness of the carrying out of
the roles (including resource management and the establishment,
waiver, and collection of grazing fees and rents or other payment,~s)
of the Federal and tribal governments in ranching, agriculture, and
other land use on Indian reservations throughout the United States
with recommendations to improve that effectiveness.
None of the funds appropriated to the Bureau of Indian Affairs
shall be expended as matching funds for programs funded under
section 103(bx2) of the Carl D. Perkins Vocational Education Act: sa star. 2440.
Provided further, That no part of any appropriations to the Bureau 20 usC 2313.
of Indian Affairs shall be available to provide general assistance
payments for Alaska Natives in the State of Alaska unless and until
otherwise specifically provided for by Congress: Provided further,
That notwithstanding any other provision of law, within fourteen
days of the date of enactment of this Act the Snowflake Dormitory
in Arizona shall be closed and thereafter no funds available to the
Bureau of Indian Affairs shall be available to operate an edu-
cational or boarding program at that location: Provided further,
That notwithstanding any law or regulation, in allocating funds for 25 USC 452 note.
aid to public schools under the Act of April 16, 1934, as amended,
the Secretary shall enter into contracts only for the provision of
supplementary educational services for Indian children: Provided
further, That the Secretary of the Interior shall transfer without
cost to the Saint Labre Indian School of Ashland, Montana, the
interests of the United States in the supplies and equipment ac-
quired by or for the school during the period when it was financially
aided by the Bureau of Indian Affairs.
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99 STAT. 1236 PUBLIC LAW 99-190-DEC. 19, 1985
For construction, major repair and improvement of irrigation and
power systems, including architectural and engineering services by
contract; acquisition of lands and interests in lands; preparation of
lands for farming; and construction, repair, and improvement of
Indian housing, $101,054,000, to remain available until expended:
Provided, That no funds shall be expended for land acquisition on
behalf of the Covelo Indian Community until the Community has
sufficient non-Federal funds, which when combined with the Fed-
eral funds, will complete the land acquisition: Provided further,
That such amount includes $22,000,000 for use by the Secretary to
construct homes and related facilities for tha Navajo and Hopi
Indian Relocation Commission in lieu of construction by the
Commission under section 15(d)(3) of the Act of December 22, 1974
(88 Stat. 1719; 25 U.S.C. 640d-14(d)(3)), and to ensure that a priority
for the use of these funds is given to Navajo families who are actual,
physical residents of the Hopi Partitioned Lands on the date of
enactment hereof, and to expedite relocations and construction
under this proviso (1) with respect to any lands acquired pursuant to
ss star. 3157. section 11(a) of the Act of December 22, 1974 (25 U.S.C. 640d-10(a)),
the Secretary shall not be required to enter into contracts under
section 102 of the Indian Self-Determination Act (88 Stat. 2206; 25
U.S.C. 450f) in carrying out this proviso, (2) the Secretary's authority
under section 106(a) of the Indian Self-Determination Act (88 Stat.
2210; 25 U.S.C. 450j(a)) shall apply for contracts for construction
under this proviso without regard to the status of the contractors
with respect to any lands acquired pursuant to section 11(a) of the
Act of December 22, 1974 (25 U.S.C. 640d-10(a)), (3) the Secretary
may carry out construction and lease approvals or executions under
this proviso without regard to the Commission's regulations and
under such administrative procedures as the Secretary may adopt
without regard to the rulemaking requirements of any law, execu-
tive order, or regulation, (4) an action under this proviso is not a
major Federal action for the purpose of the National Environmental
42 use 4321 Policy Act of 1969, as amended, and (5) after January 1, 1986, the
note. Secretary may issue leases and rights-of--way for housing and related
facilities to be constructed on the lands which are subject to section
11(h) of the Act of December 22, 1974, as amended (25 U.S.C. 640d-
10(h)).
Not to exceed 5 per centum of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund
may be used to cover roads program management costs and
construction supervision costs of the Bureau of Indian Affairs:
Provided, That $3,200,000 of the contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund for
road construction to serve the Navajo Reservation shall be used by
the Secretary of the Interior for road construction projects to serve
land transferred or acquired under the Act of December 22, 1974, as
amended (88 Stat. 1712; 25 U.S.C. 640d et seq.): Provided further,
That the foregoing shall not alter the amount of funds or contract
authority that would otherwise be available for road construction
to serve any Indian reservation or land other than the Navajo
reservation.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1237
For the Federal contribution to the Alaska Native Escrow Ac-
count related to proceeds received by Federal agencies from lands or
resources of lands after the date of withdrawal of the land for
Native selection as authorized by Public Law 94-204, an amendment 43 USC 1604
to the Alaska Native Claims Settlement Act (43 U.S.C. 1631-1641; 89 note.
Stat. 1476), and Public Law 96-487, the Alaska National Interest
Lands Conservation Act (94 Stat. 2497), $7,877,000: Provided, That is use 3iol
those funds appropriated hereunder which represent proceeds re- note.
ceived from lands which have been conveyed on or before the date of
enactment of this Act shall be distributed to the appropriate Native
corporations pursuant to Public Law 96-487 immediately upon re-
ceipt in the escrow account: Provided further, That those funds
which represent proceeds received from lands withdrawn for Native
Selection but not yet conveyed on the date of the enactment of this
Act will be held in the escrow account and invested until convey-
ance, and shall, during the time that such funds are on deposit in
the escrow account, be entitled to their share of the interest earned
by the escrow account pursuant to the first proviso of section 2(b) of
Public Law 94-204. 43 use isi3
In addition to the tribal funds authorized to be expended by
existing law, there is hereby appropriated not to exceed $4,000,000
from tribal funds not otherwise available for expenditure.
During fiscal year 1986, and within the resources and authority
available, gross obligations for the principal amount of direct loans
pursuant to the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C.
1451 et seq.), shall not exceed $16,300,000: Provided, That notwith-
standing section 102 of the Indian Financing Act of 1974, as amended
(25 U.S.C. 1462) and regulations restricting the purposes for loans
under that Act, the Secretary may make a loan under title I of that
Act to the Zuni Pueblo for the acquisition in trust for the Pueblo of 25 USC i4si.
private lands in the area known as Zuni Heaven in an amount not
to exceed $1,470,000.
INDIAN LOAN GUARANTY AND INSURANCE FUND
For payment of interest subsidies on new and outstanding guaran-
teed 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.), $2,210,000, to
remain available until expended: Provided, That during fiscal year
1986, total commitments to guarantee loans pursuant to the Indian
Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451 et seq.), may be
made only to the extent that the total loan 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 Indidn loan guarantee and insur-
ance fund) shall be available for expenses of exhibits; and purchase
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99 STAT. 1238 PUBLIC LAW 99-190-DEC. 19, 1985
of not to exceed 150 passenger carrying motor vehicles, of which 100
shall be for replacement only.
For expenses necessary for the administration of territories under
the jurisdiction of the Department of the Interior, $80,376,000, of
which (1) $77,903,000 shall be available until expended for technical
assistance; repurchase premium, 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 Guam 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 cur-
rent local revenues, for support of governmental functions;
$2,000,000 for a loan to the Government of the United States Virgin
Islands, for construction of an extension to the Alexander Hamilton
Airport runway, St. Croix: Provided, That issuance of such loan
shall be contingent upon approval of a multiyear grant of Airport
Improvement Program funds from the Federal Aviation Administra-
tion, and a written guarantee from the Government of the United
States Virgin Islands as to the source of funds to be used for
repayment of the loan; construction grants to the Government of
Guam of $4,583,000, as authorized by law (Public Law 98-454; 98
Stet. 1732); direct grants to the Government of the Northern Mari-
ana Islands as authorized by law (Public Law 94-241; 90 Stat. 272,
and Public Law 98-454; 98 Stat. 1732); and (2) $2,473,000 for fiscal
year 1986 for salaries and expenses of the Office of Territorial and
International Affairs, of which not to exceed $1,000 shall be avail-
able during 1986 for official reception and representation expenses:
4s use 14oif, .Provided further, That the territorial and local governments herein
14231, iss5. provided for are authorized to make purchases through the General
48 usC 14ssb. Services Administration: Provided further, That all financial trans-
actions 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 the provisions of the
Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and
the Accounting and Auditing Act of 1950 (64 Stat. 834): Provided
further, That upon enactment of this Act the remaining balance of
s8 stet. 1837. fiscal year 1985 funds provided in Public Law 98-473 for a grant to
the College of the Virgin Islands Eastern Caribbean Center is
released to the College of the Virgin Islands.
TRUST TERRITORY OF THE PACIFIC ISLANDS
For expenses necessary for the Department of the Interior in
administration of the Trust Territory of the Pacific Islands pursuant
to the Trusteeship Agreement approved by joint resolution of July
18, 1947 (61 Stat. 39?), and the Act of June 30, 1954 (68 Stat. 330), as
43 use is8i amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), grants for the
note. expenses of the High Commissioner of the Trust Territory of the
Pacific Islands; grants for the compensation and expenses of the
Judiciary of the Trust Territory of the Pacific Islands; grants to the
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1239
Trust Territory of the Pacific Islands, in addition to local revenues,
for support of governmental functions; $80,372,000, of which
$70,922,000 is for operations, and $9,450,000 is for construction, to
remain available until expended: Provided, That all financial trans- 4s use isas.
actions 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 the provisions of the Budget and Accounting Act,
1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act
of 1950 (64 Stat. 834): Provided further, That the government of the 4s use isa2.
Trust Territory of the Pacific Islands is authorized to make pur-
chases through the General Services Administration.
For necessary expenses of the Office of the Secretary of the
Interior, $43,411,000, of which not to exceed $10,000 may be for
official reception and representation expenses: Provided, That not-
withstanding any other provision of law, of the funds provided
under this heading, not to exceed $300,000 shall be used to pay or
repay the costs of development of alternative winter stock water
supplies by water users who have been deprived of winter stock
water from the main channel of Willow Creek, Idaho, below Ririe
Dam and Reservoir because of the operation of the dam and res-
ervoir (hereinafter in this account referred to as claimants).
Any payment to a claimant made under this section shall con-
stitute full settlement and satisfaction of all claims such claimant
may have against the United States relating to the loss of winter
stock water from Willow Creek, Idaho. The provisions of this section
shall not apply to any claim settled prior to the date of enactment of
this Act.
The Secretary shall make a payment to a claimant only if-
(1) the claimant notifies the Secretary of his claim within six
months after the date of enactment of this Act;
(2) the claimant provides an affidavit proving, to the satisfac-
tion of the Secretary, his use of winter stock water from Willow
Creek prior to December 31, 1979; and
(3) the claimant executes a waiver and release, in a manner
satisfactory to the Secretary, of any and all claims against the
United States relating to the loss of winter stock water from
Willow Creek, Idaho. Such waiver and release shall be recorded
in the county where the claimant's land is located.
Any claimant who has developed an alternate winter stock water
supply since December 31, 1979, shall be eligible for a payment of an
amount equal to the actual construction costs incurred by such
claimant in the development of such supply, as determined by the
Secretary.
Any claimant who has not developed an alternate winter stock
water supply as of the date of enactment of this Act, shall be eligible
for a payment of an amount equal to the funds necessary for the
development of such supply, as determined by the Secretary. The
Secretary's determination shall be based on the size and configura-
tion of the claimant's land and on the size and type of the claimant's
livestock operation.
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99 STAT. 1240 PUBLIC LAW 99-190-DEC. 19, 1985
"Costs and expenses incurred by a claimant in the operation and
maintenance of his alternate winter stock water supply shall not be
reimbursable.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor, $20,378,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$16,214,000.
For necessary expenses of the Office of Construction Management,
$780,000: Provided, That the Secretary of the Interior shall submit
to the House and Senate Committees on Appropriations a revised
Memorandum of Agreement between the Bureau of Indian Affairs
and the Office of Construction Management, vesting the program
direction and control of the facility design, construction, repair,
operation and maintenance programs of the Bureau in the Office of
Construction Management, and a detailed plan for implementation
of said Agreement, within 60 days of the enactment of this Act.
For payment in foreign currencies which the Treasury Depart-
ment shall determine to be excess to the normal requirement of the
United States, for necessary expenses of the United States Fish and
Wildlife Service and the National Park Service as authorized by
law, $1,000,000, to remain available until expended: Provided, That
this appropriation shall be available, in addition to other appropria-
tions, to such office for payment in the foregoing currencies (7 U.S.C.
1704).
There is hereby authorized for acquisition from available re-
sources within the Working Capital Fund, 5 additional aircraft, all
of which shall be for replacement only: 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 facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
Prohibitions. other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1241
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 jurisdiction of the Department of the In-
terior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods or volcanoes; for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer, 3o USC 1240.
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 3o usC i2ot
suppression purposes shall be available for the payment of obliga- note.
tions incurred during the preceding fiscal year, and for reimburse-
ment 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 cur-
rently available at the time of receipt thereof: Provided Further,
That funds transferred pursuant to this section must be replenished
by a supplemental appropriation which must be requested as
promptly as possible.
SEC. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities, wher-
ever consolidation of activities will contribute to efficiency or econ-
omy, and said appropriations shall be reimbursed for services ren-
dered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, U.S.C.: Provided, That reimburse- 98 Stat. 3.
menu 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 $300,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for tele-
phone service 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 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: Provided, That no funds available to the Department of Prohibitions.
the Interior are available for any expenses of the Great Hall of
Commerce.
SEC. 105. Appropriations available to the Department of the In-
terior for salaries and expenses shall be available for uniforms or
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 Contracts.
obligation in connection with contracts issued by the General Serv-
ices Administration for services or rentals for periods not in excess
of twelve months beginning at any time during the fiscal year.
SEC. 107. No funds provided in this title may be expended by the Prohibitions.
Department of the Interior for the preparation for, or conduct of, outer
pre-leasing and leasing activities (including but not limited to: calls Continental
Shelf.
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for information, tract selection, notices of sale, receipt of bids and
award of leases) of lands within:
(a) 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 Common-
wealth 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 598 and 642 on Outer
Continental Shelf protraction diagram NK 19-10; then along
that line in an easterly direction to its intersection with the line
between blocks 600 and 601 of protraction diagram NK 19-11;
then in a northerly direction along that line to the intersection
with the 60 meter isobath between blocks 204 and 205 of
protraction diagram NK 19-11; then along the 60 meter isobath,
starting in a roughly southeasterly direction; then turning
northeast and north until such isobath intersects the maritime
boundary between Canada and the United States of America,
then north northeasterly along this boundary until this line
intersects the 60 meter isobath at the northern edge of block 851
of protraction diagram NK 19-6; then along a line that lies
between blocks 851 and 807 of protraction diagram NK 19-6 in a
westerly direction to the first point of intersection with the
seaward limit of the Commonwealth of Massachusetts terri-
torial sea; then southwesterly 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.
(b) The following blocks are excluded from the described area:
In protraction diagram NK 19-10, blocks numbered 474 through
478, 516 through 524, 560 through 568, and 604 through 612; in
protraction diagram NK 19-6, blocks numbered 969 through
971; in protraction diagram NK 19-5, blocks numbered 1005
through 1008; and in protraction diagram NK 19-8, blocks
numbered 37 through 40, 80 through 84, 124 through 127, and
168 through 169.
(c) The following blocks are included in the described area: In
protraction diagram NK 19-11, blocks numbered 633 through
644, 677 through 686, 721 through 724, 765 through 767, 809
through 810, and 853; in protraction diagram NK 19-9, blocks
numbered 106, 150, 194, 238, 239, and 283; and in protraction
diagram NK 19-6, blocks numbered 854, 899, 929, 943, 944, and
987.
(d) Blocks in and at the head of submarine canyons: An area
of the Outer Continental Shelf, as defined in section 2(a) of the
43 use is3i. Outer Continental Shelf Lands Act (45 U.S.C. 1331(a)), located in
the Atlantic Ocean off the coastline of the Commonwealth of
Massachusetts, lying at the head of, or within the submarine
canyons known as Atlantis Canyon, Veatch Canyon, Hydrog-
rapher Canyon, Welker Canyon, Oceanographer Canyon, Gil-
bert Canyon, Lydonia Canyon, Alvin Canyon, Powell Canyon,
and Munson Canyon, and consisting of the following blocks,
respectively:
(1) On Outer Continental Shelf protraction diagram NJ
19-1; blocks 36, 37, 38, 42-44, 80-82, 86-88, 124, 125, 130-
132, 168, 169, 174-176, 212, 213.
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(2) On Outer Continental Shelf protraction diagram NJ
19-2; blocks 8, 9, 17-19, 51-52, 53, 54, 61-63, 95-98, 139, 140.
(3) On Outer Continental Shelf protraction diagram NK
19-10; blocks 916, 917, 921, 922, 960, 961, 965, 966, 1003-
1005, 1009, 1011.
(4) On Outer Continental Shelf protraction diagram NK
19-11; blocks 521, 522, 565, 566, 609, 610, 653-655, 697-700,
734, 735, 741-744, 769, 778-781, 785-788, 813, 814, 822-826,
829-831, 857, 858, 866-869, 873-875, 901, 902, 910-913, 917,
945-947, 955, 956, 979, 980, 989-991, 999.
(5) On Outer Continental Shelf protraction diagram NK
19-12; blocks 155, 156, 198,
199,
280-282, 324-326,
369-371,
401, 413-416, 442-446, 450,
451,
489-490, 494, 495,
530, 531,
533-540, 574,
575,
577-583,
618,
619,
621-623, 626,
627, 662,
663, 665-667,
671,
672, 706,
707,
710,
711, 750, 751,
754, 755,
794, 795, 798,
799.
(e) Nothing in this section shall prohibit the lease of that
portion of any blocks described in subsection (d) above which
lies outside the geographical boundaries of the submarine can-
yons and submarine canyon heads described in subsection (d)
above: Provided, That for purposes of this subsection, the geo-
graphical boundaries of the submarine canyons and submarine
canyon heads shall be those recognized by the National Oceano-
graphic and Atmospheric Administration, Department of Com-
merce, on the date of enactment of this Act.
(f) Nothing in this section shall prohibit the Secretary of the contracts.
Interior from granting contracts for scientific study, the results
of which could be used in making future leasing decisions in the
planning area and in prepaying environmental impact state-
ments as required by the National Environmental Policy Act.
(g) References made to blocks, protraction diagrams, and
isobaths are to such blocks, protraction diagrams, and isobaths
as they appear on the map entitled Outer Continental Shelf of
the North Atlantic from 39? to 45? North Latitude (Map No.
MMS-10), prepared by the United States Department of the
Interior, Minerals Management Service, Atlantic OCS Region.
SEC. 108. None of the funds appropriated or otherwise made Prohibitions.
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. 109. Notwithstanding any other provision of law, appropria- Motor vehicles.
tions in this title shall be available t0 provide insurance on official Aircraft and air
motor vehicles, aircraft, and boats operated by the Department of carvers.
the Interior in Canada and Mexico. vessels.
Canada.
SEC. 110. No funds provided in this title may be used to detail any Mexico.
employee to an organization unless such detail is in accordance with
Office of Personnel Management regulations.
SEC. 111. The Secretary of the Interior is hereby directed to make Public lands.
every effort during the balance of fiscal year 1986 to resolve the outer
outstanding conflicts with respect to the future leasing and protec- Continental
tion of lands on the California outer continental shelf for oil and as Shelf.
g Petroleum and
exploration and development. To this end, the Secretary shall petroleum
submit to the Congress once every 60 days following the date of products.
enactment of this Act until the end of fiscal year 1986 a report Reports. gas
summarizing the progress of negotiations carried out to resolve
these outstanding conflicts. Such negotiations shall be conducted by
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99 STAT. 1244 PUBLIC LAW 99-190-DEC. 19, 1985
Prohibitions.
Report.
Regulations.
the Secretary and the following Members of Congress to be des-
ignated by the Speaker of the House of Representatives and the
Majority Leader of the Senate:
(1) The Chairmen and ranking minority members of the
following committees and subcommittees of the Congress
having jursidiction over these issues:
(A) The Subcommittee on the Interior of the Committee
on Appropriations of the House of Representatives.
(B) The Subcommittee on Energy and the Environment of
the Committee on Interior and Insular Affairs of the House
of Representatives.
(C) The Subcommittee on the Panama Canal and Outer
Continental Shelf of the Committee on Merchant Marine
and Fisheries of the House of Representatives.
(D) The Subcommittee on the Interior of the Committee
on Appropriations of the Senate.
(E) The Committee on Energy and Natural Resources
of the Senate.
(2) Two United States Senators from California.
(3) Seven members of the California delegation to the House
of Representatives.
SEC. 112. None of the funds provided by this Act shall be expended
by the Secretary of the Interior to promulgate final regulations
concerning paleontological research on Federal lands until the Sec-
retary has received the National Academy of Sciences' report
concerning the permitting and post-permitting regulations concern-
ing paleontological research and until the Secretary has, within 30
days, submitted a report to the appropriate committees of the
Congress comparing the National Academy of Sciences' report with
the proposed regulations of the Department of the Interior.
TITLE II-RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as authorized by law,
$126,283,000, of which $6,840,000 shall remain available until ex-
pended for competitive research grants, as authorized by section 5 of
is use is44. Public Law 95-307.
For necessary expenses of cooperating with, and providing tech-
nical and financial assistance to States, Territories, possessions, and
others; and for forest pest management activities, $57,986,000, to
remain available for obligation until expended, to carry out activi-
is UsC 2IO1 ties authorized in Public Law 95-313: Provided, That a grant of
note. $3,000,000 shall be made to the State of Minnesota for the purposes
s2 Stat. 1652. authorized by section 6 of Public Law 95-495.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1245
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for management, protection, improvement, and utilization
of the National Forest System, and for liquidation of obligations
incurred in the preceding fiscal year for forest fire protection and
emergency rehabilitation, including administrative expenses associ-
ated with the management of funds provided under the heads
"Forest Research", "State and Private Forestry", "National Forest
System", "Construction", and "Land Acquisition", $1,054,629,000, of
which $182,053,000, for reforestation, timber stand improvement,
cooperative law enforcement, and maintenance of forest develop-
ment roads and trails shall remain available for obligation until
September 30, 1987: Providea~ That the unobligated balances avail-
able September 30, 1985 and funds becoming available in fiscal year
1986 under the Act of October 14, 1980 (16 U.S.C. 1606), shall be
transferred to and merged with the National Forest System appro-
priation account as of October 1, 1985: Prouided further, That not-
withstanding any other provision of law, subsection (e) of section 303
of the Act of October 14, 1980, as amended by the Act of January 6,
1983, Public Law 97-424 (16 U.S.C. 1606), is repealed and subsection Repeal.
(d) of section 303 of the Act of October 14, 1980, as amended by the is use isosa.
Act of January 6, 1983, Public Law 97-424 (16 U.S.C. 1606), is is use isosa.
amended to read as follows:
"(d) The Secretary of Agriculture is hereafter authorized to obli-
gate such sums as are available in the Trust Fund (including any
amounts not obligated in previous fiscal years) for-
(1) reforestation and timber stand improvement as specified
in section (3Xd) of the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1601(d)); and
(2) properly allocable administrative cysts of the Federal
Government for the activities specified above.".
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for construction, $223,865,000, to remain available until
expended, of which $27,449,000 is for construction and acquisition of
buildings and other facilities; and $196,416,000 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: Providea~ That funds
becoming available in fiscal year 1986 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 road construc-
tion standards used to construct Forest Service roads, purchaser
credit roads, or purchaser elect roads shall be applied, or other
management initiatives or administrative cost-saving actions taken,
including reductions in personnel or overhead charges, in fiscal year
1986 in a manner so as to achieve a 5 per centum reduction in the
average cost per road mile as compared to fiscal year 1985: Prouided
further, That such actions shall be taken so as to achieve this 5 per
centum reduction in each Forest Service region: Provided further,
That notwithstanding any other provision of this Act or any other
provision of law, $9,915,000 of the contract authority available in the
Federal Highway Trust Fund and not otherwise appropriated shall
be available to the Forest Service for road construction to Forest
Development Road Standards to serve the Mount St. Helens Na-
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99 STAT. 1246 PUBLIC LAW 99-190-DEC. 19, 1985
tional Volcanic Monument, Washington: Provided further, That the
foregoing shall not alter the amount of funds or contract authority
that would otherwise be available for road construction to serve any
State other than the State of Washington.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
16 USC 4601-4 4601-4-11), including administrative expenses, and for acquisition of
note. land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $28,300,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended: Provided, That of the amount appropriated,
$3,900,000 shall be paid to Edwards Investments, an Idaho partner-
ship, upon delivery of a quitclaim deed to the United States convey-
ing acceptable title to all of Edwards Investments' interest in all of
those portions of a former Chicago, Milwaukee, St. Paul, and Pacific
Railroad right-of--way between Avery, Idaho and St. Regis, Montana
that cross or adjoin Federal lands, including all of Edwards Invest-
ments' interests in all improvements on said right-of--way. Upon
acquisition, some or all of the right-of--way may be used as a road
and available for public travel where determined appropriate by the
Chief of the Forest Service.
ACQUISITION OF LANDS FOR NATIONAL FORESTS, SPECIAL ACTS
For acquisition of land within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, and
Cleveland National Forests, California, as authorized by law,
$782,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands in accordance with the Act of December 4,
1967, as amended (16 U.S.C. 484a), all funds deposited by State,
county or municipal governments, public school districts or other
public school authorities pursuant to that Act, to remain available
until expended.
For necessary expenses of range rehabilitation, protection, and
improvement in accordance with section 401(bxl), of the Act of
43 USC 1751. October 21, 1976, Public Law 94-579, as amended, 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, to remain available until expended.
For expenses authorized by 16 U.S.C. 1643(b), $90,000, to remain
available until expended, to be derived from the fund established
pursuant to 16 U.S.C. 1643(b).
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1247
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 252 passenger
motor vehicles of which 13 will be used primarily for law enforce-
ment purposes and of which 233 shall be for replacement only;
acquisition of 161 passenger motor vehicles from excess sources, and
hire of such vehicles; operation and maintenance of aircraft, the
purchase of not to exceed 2 for replacement only, and acquisition of
43 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) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (e) acquisi-
tior? of land, waters, and interests therein, pursuant to the Act of
August 3, 1956 (7 U.S.C. 428a); (f) for expenses 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 obli-
gated 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 National Forest System appropriation for the
emergency rehabilitation of burned-over lands under its jurisdiction.
The Secretary of Agriculture may authorize the expenditure of any
no year appropriation available to the Forest Service for emergency
actions related to emergency flood repair needs at the Monongahela
National Forest and at the Parsons, West Virginia, Research Lab-
oratory: Provided, That funds made available for such emergency
actions shall be available for the pa ment of obligations incurred
during the preceding fiscal year and funds expended pursuant to
this provision must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
Appropriations and funds available to the Forest Service shall be
available to comply with the requirements of section 313(a) of the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)).
The appropriation structure for the Forest Service may not be
altered without advance approval of the House and Senate Commit-
tees on Appropriations.
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, and technical
information and assistance in foreign countries.
Funds previously appropriated for timber salvage sales may be
recovered from receipts deposited for use by the applicable national
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99 STAT. 1248 PUBLIC LAW 99-190-DEC. 19, 1985
forest and credited to the Forest Service Permanent Appropriations
to be expended for timber salvage sales from any national forest:
Provided further, That no less than $24,000,000 shall be made
available to the Forest Service for obligation in fiscal year 1986 from
the Timber Salvage Sale Fund appropriation.
Provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) shall apply to appropriations
available to the Forest Service only to the extent that the proposed
transfer is approved by the House and Senate Committees on Appro-
priations in compliance with the reprogramming procedures con-
tained in House Report 97-942.
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.
Not to exceed $900,000 shall be available from National Forest
System appropriations or permanent appropriations for the specific
purpose of removing slash and cull logs from the Bull Run, Oregon,
watershed to preserve water quality and reduce fire hazards.
None of the funds made available under this Act shall be obli-
gated or expended to adjust annual recreational residence fees to an
amount greater than that annual fee in effect at the time of the next
to last fee adjustment, plus 50 per centum. In those cases v~here the
currently applicable annual recreational residence fee exceeds that
adjusted amount, the Forest Service shall credit to the permittee
that excess amount, times the number of years that that fee has
been in effect, to offset future fees owed to the Forest Service.
Current permit holders who acquired their recreational residence
permit after the next to last fee adjustment shall have their annual
permit fee computed as if they had their permit prior to the next to
last fee adjustment, except that no permittee shall receive an un-
earned credit.
Notwithstanding any delegations of authority provided for in
regulations of the Department of Agriculture or in the Forest
Service manual, the Chief of the Forest Service shall, personally and
without aid of mechanical devices or persons acting on his behalf,
execute (1) all deeds conveying federally owned land which exceeds
$250,000 in value, (2) all acceptances of options on lands to be
acquired which exceed $250,000 in value, (3) all recommendations
that condemnation be initiated, (4) all letters accepting donations of
land, (5) all decisions on appeals of decisions related to land trans-
actions made by regional foresters, and (6) land related transmittals
to the House or Senate Committees on Appropriations, including all
proposals for congressional action such as the acquisition of lands in
excess of the approved appraised value, condemnation actions, and
other items covered in reprogramming guidelines.
Funds available to the Forest Service shall be available to conduct
a program of not less than $3,400,000 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
is use i~oi. 13, 1970, as amended by Public Law 93-408.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1249
DEPARTMENT OF THE TREASURY
ENERGY SECURITY RESERVE
(INCLUDING RESCISSION)
Of the funds appropriated to the Energy Security Reserve by the
Department of the Interior and Related Agencies Appropriations
Act, 1980, (Public Law 96-126) and subsequently made available to sa stat. 954.
carry out Part B of title I of the Energy Security Act (Public Law 96-
294) by Public Laws 96-304, 96-514, and 98-473, the amounts avail- 42 use 87oi
able to the Board of Directors of the United States Synthetic Fuels note.
Corporation and not obligated as of the date of enactment of this Act s4 stat. s57.
94 Stat. 2957.
are rescinded, except that this rescission shall not apply to (1) funds s8 stat. I8a7.
made available for Clean Coal Technology by this Act; (2) such
amounts as may be necessary to make payments for synthetic fuels
projects or modules for which legally binding awards or commit-
ments for financial assistance were entered into under title I of the
Energy Security Act before the date of enactment of this Act; and (3) 42 Usc 870).
$10,000,000 to be used to terminate the Corporation in accordance
with subtitle J of the Energy Security Act: Provided, That to the 42 use 87x1.
extent that the Secretary of the Treasury may be required to take
an action under section 131(q) of the Energy Security Act in connec- 42 use 87a1.
tion with such awards or commitments, the Secretary shall complete
such action within 30 days of enactment of this Act: Provided
further, That the limitation in Public Law 98-473 on the initial use 98 stat. )sal.
of $5,700,000,000 of such funds only for obligation to synthetic fuel
projects with Letters of Intent authorized by the Board of Directors
of the United States Synthetic Fuels Corporation on or before June
1, 1984, is hereby repealed: Provided further, That of the funds in
the Energy Security Reserve prior to the date of enactment of this
Act $400,000,000 shall be available for the Clean Coal Technology
Program in the Department of Energy authorized under the Clean
Coal Technology Reserve proviso of Public Law 98-473 for the
purpose of conducting cost-shared Clean Coal Technology projects
for the construction and operation of facilities to demonstrate the
feasibility for future commercial applications of such technology, to
remain available until expended, of which $100,000,000 shall be
immediately available; (2) an additional $150,000,000 shall be avail-
able beginning October 1, 1986; and (3) an additional $150,000,000
shall be available beginning October 1, 1987: Provided further, That
the proviso in Public Law 98-473 depositing and retaining in the
Clean Coal Technology Reserve $750,000,000 of funds in the Energy
Security Reserve rescinded by said Act is amended so as to reduce
the current amount of such deposited and retained funds to
$350,000,000: Provided further, That notwithstanding section 191 of 42 use 8791
the Energy Security Act (Public Law 96-294), effective the date of note.
enactment of this Act, the Board may not make any legally binding note sc 87oi
awards or commitments for financial assistance (including any
changes in an existing award or commitment) pursuant to the
Energy Security Act for synthetic fael project proposals, except that
nothing in this Act shall impair or alter the powers, duties, rights,
obligations, privileges, or liabilities of the Corporation, its Board or
Chairman, or project sponsors in the performance and completion of
the terms and undertakings of a legally binding award or commit-
ment entered into prior to the date of enactment of the Act:
Provided further. That (1l within 60 days of enactment of this Act, 42 USC 87s)
note.
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99 STAT. 1250 PUBLIC LAW 99-190-DEC. 19, 1985
the Directors of the Synthetic Fuels Corporation shall terminate
42 USC 8701 their duties under the Energy Security Act and be discharged; and
note. (2) within 120 days of enactment of this Act, the Corporation shall
42 UsC 8791 terminate in accordance with Subtitle J of said Act: Provided fur-
note. then, That within 60 days of enactment of this Act (or earlier, in the
event of absence of a Chairman of the Synthetic Fuels Corporation)
the Secretary of the Treasury shall assume the duties of the Chair-
42 USC 8791 man: Provided further, That, notwithstanding any other provisions
note. of law, the duties and responsibilities of the Secretary of the Treas-
ury under Subtitle J of said Act or this Act may not be transferred
42 USC 8791 to any other Federal department or agency: Provided further, That
note. notwithstanding such termination, the Advisory Committee estab-
lished under section 123 of the Energy Security Act (42 U.S.C. 8719)
shall remain in effect to advise the Secretary of the Treasury
regarding the administration of any contract or obligation of the
42 USC 8791 Corporation pursuant to subtitle D of said Act: Provided further,
note. That the Director of the Office of Personnel Management shall,
before February 1, 1986, determine the amount of compensation
rights which each Director, officer, or employee shall be legally
entitled to under any contract in effect on the date of enactment of
42 USC 8791 this Act: Provided further, That effective on the date of enactment of
note. this Act, no change in any compensation or benefit in effect on the
date of enactment of this Act shall be allowed or permitted, unless
the Director of the Office of Personnel Management agrees that
such change is reasonable: Provided further, That effective on the
date of enactment of this Act, (1) no officer or employee of the
Corporation shall receive a salary in excess of the rate of basic pay
payable for level IV of the Executive Schedule under title 5 of the
United States Code; and (2) the Corporation shall not waive any
requirements in its By-Laws which are necessary for a Director,
officer, or employee to qualify for pension or termination benefits
under the By-Laws and written personnel policies and procedures in
42 USC 8791 effect on the date of enactment of this Act: Provided further, That
note. the Corporation, by September 15, 1986, shall transmit to the
Committee on Energy and Natural Resources of the Senate and to
the Committee on Energy and Commerce and Committee on Bank-
ing, Housing and Urban Affairs of the House of Representatives a
report (1) containing a review of implementation of its Phase I
Business Plan dated February 19, 1985 and (2) fulfilling the require-
ments of section 126(bX3) of the Energy Security Act (42 U.S.C.
8722(cx3)).
Of the funds available from the Energy Security Reserve to the
Secretary of Energy for alcohol fuel loan guarantees under Public
94 star. 857. Law 96-304, as amended by Public Laws 96-514, 97-12 and 97-394,
s4 star. 2957. the Secretary shall provide a loan for odor abatement at an ethanol
95 star. 14. producing facility that has received financial assistance under title
9s star. i96s. II of Public Law 96-294 and that was in o eration on November 1,
no eSC 8801 1985: Provided, That- p
(1) such loan shall not exceed 90 percent of the net cost of the
odor abatement project and in no case shall the amount of such
loan exceed $3,000,000,
(2) the Secretary shall not provide such loan until the Sec-
retary has received satisfactory assurances that anon-Federal
share in the amount of 10 percent of the net cost of the odor
abatement project is available,
(3) payment of principal under the loan shall not be due until
the repayment in full of permanent financing guaranteed by
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1251
the Department of Energy for the construction of such ethanol
producing facility,
(4) interest shall accrue immediately upon receipt of the loan
and payment of interest shall be made at regular intervals
established by the Secretary but not to exceed the current
average rate of outstanding marketable obligations of the
United States with comparable maturities,
(5) the Secretary shall not make such loan until the Secretary
has received satisfactory assurances that any expenses of
operating equipment installed using funds made available
under this loan shall be paid by the New Energy Corporation of
Indiana,
(6) principal and interest payments made under this loan
shall be repaid into the Alcohol Fuels Loan Guarantee Reserve,
and
(7) the Secretary shall establish such other terms and condi-
tions as the Secretary considers appropriate.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
Within 60 days following enactment of this Act, the Secretary of 42 use ~soaa.
Energy shall, pursuant to the Federal Nonnuclear Energy Research
and Development Act of 1974 (42 U.S.C. 5901, et seq.), issue a general
request for proposals for clean coal technology-projects for which the
Secretary of Energy upon review may provide financial assistance
awards. Proposals for clean coal technology projects under this
section shall be submitted to the Department of Energy within 60
days after issuance of the general request for proposals. The Sec-
retary of Energy shall make any project selections no later than
August 1, 1986: Provided, That the Secretary may vest fee title or
other property interests acquired under cost-shared clean coal tech-
nology agreements in any entity, including the United States: Pro-
vided further, That the Secretary shall not finance more than 50 per
centum of the total costs of a project as estimated by the Secretary
as of the date of award of financial assistance: Prouuied further,
That cost-sharing by project sponsors is required in each of the
design, construction, and operating phases proposed to be included
in a project: Provided further, That financial assistance for costs in
excess of those estimated as of the date of award of original financial
assistance may not be provided in excess of the proportion of costs
borne by the Government in the original agreement and only up to
25 per centum of the original financial assistance: Provided further,
That revenues or royalties from prospective operation of projects
beyond the time considered in the award of financial assistance, or
proceeds from prospective sale of the assets of the project, or reve-
nues or royalties from replication of technology in future projects or
plants are not cost-sharing for the purposes of this appropriation:
Provided further, That other appropriated Federal funds are not
cost-sharing for the purposes of this appropriation: Provided further,
That existing facilities, equipment, and supplies, or previously ex-
pended research or development funds are not cost-sharing for the
purposes of this appropriation, except as amortized, depreciated, or
expensed in normal business practice.
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99 STAT. 1252 PUBLIC LAW 99-190-DEC. 19, 1985
F033IL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of
42 USC 7101 Energy Organization Act (Public Law 95-91), including the acquisi-
note. tion of interest, including defensible and equitable interests in any
real property or any facility or for plant or facility acquisition or
expansion, $312,848,000, to remain available until expended, of
which $535,000 is for the functions of the Office of the Federal
Inspector for the Alaska Natural Gas Transportation System estab-
lished pursuant to the authority of Public Law 94-586 (90 Stat.
15 use 719 note. 2908-2909), and $8,230,000 to be derived by transfer from unobli-
gated balances in the "Fossil energy construction" account,
$2,010,000 to be derived by transfer from the account entitled
"Alternative fuels production", of which $200,000 is derived from
97 stet. 919. Public Law 98-146 for a wood pellet gasifier facility, and $2,775,000
to be derived by transfer from amounts derived from fees for
guarantees of obligations collected pursuant to section 19 of the
Federal Nonnuclear Energy Research and Development Act of 1974,
as amended (42 U.S.C. 5919), and deposited in the "Energy security
93 Stat. 970. reserve" established by Public Law 96-126: Provided, 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: Provided further,
That notwithstanding any other provision of law, funds appro-
9s Stat. 19ss. printed under this head in Public Law 9?-394 for a Western Hemi-
sphere alternative fuels facility feasibility study, which remain
unobligated, shall be available for carrying out any fossil energy
research and development activities: Provided further, That
$15,000,000 of the sum provided under this heading shall be avail-
able for demonstration of the Kiingas coal gasification process, with
the provision that the United States Treasury shall be repaid up to
double the total Federal expenditure for such process from proceeds
to the participants from the commercial sale, lease, manufacture, or
use of such process.
Of the funds herein provided, $29,000,000 is for implementation of
the June, 1984 multiyear, cost-shared magnetohydrodynamica pro-
gram targeted on proof-of-concept testing: Provided further, That 10
per centum private sector cash or in-kind contributions shall be
required for obligations incurred in fiscal year 1986, 20 per centum
private sector cash or in-kind contributions shall be required for
obligations in fiscal year 1987, and for each subsequent fiscal 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 ex-
pended 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 costa of constructing or operat-
ing 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 contribu-
tion percentages need not be met on each contract but must be met
in total for each fiscal year.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1253
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petroleum and oil
shale reserves activities, including the purchase of not to exceed 3
passenger motor vehicles, for replacement only, $13,668,000, to
remain available until expended.
For necessary expenses in carrying out energy conservation activi-
ties, $449,418,C!00, to remain available until expended: Provided,
That pursuant to section 111(bx1xB) of the Energy Reorganization
Act of 1974, as amended, 42 U.S.C. 5821(bX1XB), of the amount
appropriated under this head, $10,319,000 shall be available for a
grant for basic industry research facilities located at Northwestern
University without section 111(bx2) of such Act being applicable:
Provided further, That section 404 of Public Law 98-558 shall not be
effective in any fiscal year in which the amount made available for
low income weatherization assistance from appropriations under
this head is less than 5 per centum above the amount made avail-
able in fiscal year 1985: Provided further, That $7,500,000 of the
amount provided under this heading shall be available fora re-
search and development initiative with the National Laboratories
for new technologies up to proof-of~oncept testing to incrzase
significantly the energy efficiency of processes that produce steel:
Provided further, That obligation of funds for these activities shall
be contingent on an agreement to provide cash or in-kind contribu-
tions to the initiative or to other collaborative research and develop-
ment activities related to the purpose of the initiative equal to 30
percent of the amount of Federal government obligations: Provided
further, That existing facilities, equipment, and supplies, or pre-
viously expended research or development funds are not acceptable
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 carrying out the activities of the Eco-
nomic Regulatory Administration and the Office of Hearings and
Appeals, $24,623,000.
98 Stat. 2888.
42 USC s8s5
note.
For necessary expenses in carrying out emergency preparedness
activities, $6,044,000.
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), $113,043,000, to remain available until
42 use
expended.
s2si-s24s.
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99 STAT. 1254 PUBLIC LAW 99-190-DEC. 19, 1985
42 USC 6240 Notwithstanding any other provision of law, the Secretary of
note. Agriculture, at the request of the Secretary of Energy, may ex-
change agricultural products owned by the Commodity Credit Cor-
poration for crude oil to be delivered to the Strategic Petroleum
Reserve: Provided, That the Secretary of Energy shall approve the
quantity, quality, delivery method, scheduling, market value and
other aspects of the exchange of such agricultural products: Pro-
vided further, That if the volume of agricultural products to be
exchanged has a value in excess of the market value of the crude oil
acquired by such exchange, then the Secretary of Agriculture shall
require as part of the terms and conditions of the exchange that the
party or entity providing such crude oil shall agree to purchase,
within six months following the exchange, current crop commodities
or value-added food products from United States producers or proc-
essors in an amount equal to at least one-half the difference between
the value of the commodities received in exchange and the market
value of the crude oil acquired for the Strategic Petroleum Reserve.
For necessary expenses in carrying out the activities of the
Energy Information Administration, $60,682,000.
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 uni-
forms; and reimbursement to the General Services Admlmstration
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 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, 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, agree-
ment or provision thereof entered into by the Secretary 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
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1255
Speaker of the House of Representatives and the President of the
Senate of a full and comprehensive report on such project, including
the facts and circumstances relied upon in support of the proposed
Projcet-
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.
The reporting requirement established by the last paragraph
under the heading "Department of Energy Alternative Fuels
Production" in an Act making appropriations for the Department of
the Interior and Related Agencies for the fiscal year ending Septem-
ber 30, 1980 (42 U.S.C. 5915 note; Public Law 96-126), is hereby
repealed. Repeal.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES AND .SERVICES ADMINISTRATION
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 42 use
Care Improvement Act, and titles III and V and section 338G of the 2001-2004 b.
Public Health Service Act with respect to the Indian Health Service, 25 use 45o note.
including hire of passenger motor vehicles and aircraft; purchase of note SC 1601
reprints; purchase and erection of portable buildings; payments for 42 use 241, 21s,
telephone service in private residences in the field, when authorized 254x.
under regulations approved by the Secretary, $823,133,000: Pro-
vided, That funds made available to tribes and tribal organizations
through grants and contracts authorized by the Indian Self-Deter-
mination and Education Assistance Act of 1975 (88 Stat. 2203; 25
U.S.C. 450), shall remain available until September 30, 1987. 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 apppro-
priated: Provided further, That the amounts collected by the Sec-
retary of Health and Humar. Services under the authority of title IV
of the Indian Health Care Improvement Act shall be available until 25 use note
September 30, 198?, for the purpose of achieving compliance with p~e~. 1s51.
the applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act (exclusive of planning, design, construc- 42 use 1395,
tion of new facilities, or major renovation of existing Indian Health 13ss.
Service facilities): Provided further, That funding contained herein,
and in any earlier appropnations Acts, for scholarship programs
under section 103 of the Indian Health Care Improvement Act and 25 use 1x13.
section 338G of the Public Health Service Act with respect to the 42 use 254x.
Indian Health Service shall remain available for expenditure until
September 30,1987.
INDIAN HEALTH FACILITIE4
For construction, major repair, improvement, and equipment of
health and related auxiliary facilities, including quarters for person-
nel; preparation of plans, specifications, and drawings; acquisition of
sites, purchase and erection of portable buildings, purchases of
trailers and for provision of domestic and community sanitation
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99 STAT. 1256 PUBLIC LAW 99-190-DEC. i9, 1985
25 USC 450 note.
25 USC 1601
note.
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, $46,947,000, to remain avail-
able until expended: Provided, That the Rosebud, South Dakota,
hospital shall be designed and constructed with a capacity of 35
beds.
Appropriations in this Act to the Indian Health Service, available
for salaries and expenses, shall be available for services as au-
thorized 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. 5901-5902), and for expenses
of attendance at meetings which are concerned with the functions or
activities for which the appropriation is made or which will contrib-
ute to improved conduct, supervision, or management of those
functions or activities: Provided, That none of the funds appro-
priated under this Act to the Indian Health Service shall be avail-
able for the initial lease of permanent structures without advance
provision therefor in appropriations Acts: Provided further, That
non-Indian patients may be extended health care at all Indian
Health Service facilities, if such care can be extended without
impairing the ability of the Indian Health Service 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 Huinan Services shall prescribe, the proceeds of which
shall be deposited in the fund established by sections 401 and 402 of
42 USC 1395?, the Indian Health Care Improvement Act: Provided further, That
1395n, 1395gq funds appropriated to the Indian Health Service in this Act, except
and note, 1396j those used for administrative and program direction purposes, shall
and note, 1396d.
not be subject to limitations directed at curtailing Federal travel
25 UsC 1681. and transportation: Provided further, That with the exception of
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 notwithstanding any other provision of law,
to satisfy the outstanding judgment against the Seattle Indian
Health Board resulting from termination of its occupancy of the
Kobe Park building in Seattle, Washington, $180,000 shall be pro-
vided from the unobligated balance available to the Indian Health
Service from prior years' appropriations. Such payment shall be
made only if the owners of the Kobe Park Building Company accept
the sum named as full satisfaction for current or future claims
against the Seattle Indian Health Board and the individual mem-
bers of the Board.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1257
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, $67,476,000 of which $50,323,000 20 use 24iaa
shall be for part A and $14,820,000 shall be for parts B and C: rote.
Provided, That the amounts available pursuant to section 423 of the
Act shall remain available for obligation until September 30, 1987. 20 use sas5b.
OTHER RELATED AGENCIES
NAVAJO AND HOPI INDIAN RELOCATION COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Navajo and Hopi Indian Relocation
Commission as authorized by Public Law 93-531, $22,491,000 to 2 ~ use scrod
remain available until expended, for operating expenses of the note.
Commission: Prouided, That notwithstanding any regulation to the
contrary, the Commission shall notify the Secretary of the Interior
by January 1, 1986, of those eligible relocatees who, as of November
30, 1985, were physically domiciled on the lands partitioned to the
Hopi Tribe, who had applied by November 30, 1985, for relocation to
the lands which are subject to section 11(h) of the Act of December
22, 1974, as amended (25 U.S.C. 640d-10(h)): Provided further, That
the Commission shall notify the Secretary of the Interior by Janu-
ary 1, 1986, of those eligible relocatees who, as of November 30, 1985,
were physically domiciled on the lands partitioned to the Hopi
Tribe, who by November 30, 1985, had not selected a site for
relocation and those eligible relocatees shall be designated for re-
location to the lands which are subject to section 11(h) of the Act of
December 22, 1974, as amended (25 U.S.C. 640d-10(h)): Provided
further, That none of the funds contained in this or any other Act
may be used to evict any Navajo houshold who, as of November 30,
1985, is physically domiciled on the lands partitioned to the Hopi
Tribe until such time as a new or replacement home is available for
such household.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, 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 ten years), and protection of buildings, facilities, and ap-
proaches; 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; $178,063,000
including not less than $777,000 to carry out the provisions of the
National Museum Act, $175,000 to be made available to the trustees 20 UsC s5a note.
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99 STAT. 1258 PUBLIC LAW 99-190-DEC. 19, 1985
of the John F. Kennedy Center for the Performing Arts for payment
to the National Symphony Orchestra and $175,000 for payment to
the Washington Opera Society for activities related to their respon-
sibilities as resident entities of the Center, and such funds as may be
necessary to support American overseas research centers: Provided,
That funds appropriated herein are available for advance payments
to independent contractors performing research services or partici-
pating in official Smithsonian presentations: Provided further, That
none of these funds shall be available to a Smithsonian Research
Foundation.
For payments in foreign currencies which the Treasury Depart-
ment shall determine to be excess to the normal requirements of the
United States, for necessary expenses for carrying out museum
programs, scientific and cultural research, and related educational
activities, as authorized by law, $2,500,000, to remain available until
expended and to be available only to United States institutions:
Provided, That this appropriation shall be available, in addition to
other appropriations to the Smithsonian Institution, for payments
in the foregoing currencies: Provided further, That none of these
funds shall be available to a Smithsonian Research Foundation:
Provided further, That not to exceed $500,000 may be used to make
grant awards to employees of the Smithsonian Institution.
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, $5,551,000, to remain available until
expended.
For necessary expenses of restoration and renovation 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
20 USC 53a. (63 Stat. 623), including not to exceed $10,000 for services as au-
thorized by 5 U.S.C. 3109, $11,075,000, to remain available until
expended: Provided, That contracts awarded for environmental sys-
tems, protection systems, and exterior repair or renovation of build-
ings of the Smithsonian Institution may be negotiated with selected
contractors and awarded on the basis of contractor qualifications as
well as price.
For necessary expenses to construct, equip, and furnish the Center
for African, Near Eastern, and Asian Cultures in the area south of
the original Smithsonian Institution Building, $4,000,000, to remain
available until expended.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1259
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
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 serv- 20 use ~a.
ices as authorized by 5 U.S.C. 3109; payment in advance when
authorized by the treasurer of the Gallery for membership in li-
brary, 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, $33,754,000, of which
not to exceed $2,200,000 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
Garlery of Art, by contract or otherwise, as authorized, $3,300,000, 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 carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including 20 usC Hoe note.
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $3,392,000.
ENDOWMENT CHALLENGE FUND
For the purpose of an endowment challenge fund for the Woodrow
Wilson International Center for Scholars, $1,000,000, to remain
available until September 30, 1988: Provided, That such sums shall
become available only to the extent matched on a three-to-one basis
by private funds: Provided further, That these funds may be in-
vested in securities approved by the Board of Trustees and the
income from such investments may be used to support programs of
the Center deemed appropriate by the Trustees and by the Director
of the Center.
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99 STAT. 1260 PUBLIC LAW 99-190-DEC. 19, 1985
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
20 use 951 note. the Arts and the Humanities Act of 1965, as amended, $137,260,000,
of which $121,678,000 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)
20 use 954. of the Act, of which not less than 20 per centum of the funds
provided for section 5(c) shall be available for assistance pursuant to
section 5(g) of the Act, and $15,582,000 shall be available for admin-
istering the functions of the Act.
MATCHING GRANTS
To carry out the provisions of section 10(aX2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
20 USC 959. amended, $29,400,000, to remain available until September 30, 1987,
to the National Endowment for the Arts, of which $20,580,000 shall
20 use 954. be available for purposes of section 5(1): Prouidec~ That this appro-
priation 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(aX2), subsec-
2o use 9so. tions 11(aX2XA) and 11(aX3XA) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
ARTS AND ARTIFACTS INDEMNrrY FUND
For payment of certified claims for losses or damages pursuant to
20 use 971 note. the Arts and Artifacts Indemnity Act of 1975, $300,000, to remain
available until expended: Provided, That such funds shall be avail-
able to the National Endowment for the Arts for obligation only for
claims for losses or damages which the Federal Councll on the Arts
and Humanities has certified as valid and re rted to the Speaker of
the House of Representatives and the President pro tempore of the
Senate, as provided by the Act.
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, $110,818,000,
of which $96,618,000 shall be available to the National Endowment
for the Humanities for support of activities in the humanities,
20 usC 956. pursuant to section ?(c) of the Act, of which not less than 20 per
centum shall be available for assistance pursuant to section 7(fl of
the Act, and $14,200,000 shall be available for administering the
functions of the Act.
MATCHING GRANTS
To carry out the provisions of section 10(aX2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1261
amended, $28,660,000, to remain available until September 30, 1987, 20 Usc 959.
of which $17,000,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): Provided, That 20 USC 95s.
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(ax2)(B) and 11(ax3XB) during the current and preceding fiscal 20 use sso.
years for which equal amounts have not previously been
appropriated.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
There is hereby authorized a program to support artistic and 20 USC s5sa.
cultural programs in the Nation's Capital to be established under
the direction of the National Endowment for the Humanities. Not to
exceed $5,000,000 annually is authorized to provide grants for gen-
eral operating support to eligible organizations located in the Dis-
trict of Columbia which are engaged primarily in performing,
exhibiting and/or presenting arts.
Eligibility for grants shall be limited to not-for-profit, non- 20 USC 95sa.
academic institutions of demonstrated national repute and is fur-
ther limited to organizations having an annual operating budget in
excess of $1,000,000 for each of the three years prior to receipt of a
grant. The following organizations are deemed eligible to receive
grants under this section: Folger Theater, (',orcoran Gallery of Art,
Phillips Gallery, Arena Stake, the National Building Museum, the
National Capital Children s Museum, the National Symphony
Orchestra, the Washington Opera Society, and Ford's Theater.
The Chairman of the National Endowment for the Humanities 20 USC 95sa.
shall establish an application process and shall, along with the
Chairman of the National Endowment for the Arts and the Chair-
man of the Commission on Fine Arts determine the eligibility of
applicant organizations in addition to those herein named.
Of the funds provided for grants, ?0 per centum shall be equally 20 usC 95sa.
distributed among all qualifying organlzations and 30 per centum
shall be distributed based on the size of an organization's total
operating budget compared to the combined total of the operating
budgets of all eligible institutions. No organization shall receive a
grant in excess of $500,000 in a single year.
An application process shall be established no later than March 1, 20 Usc 95sa.
1986, and initial grants shall be awarded no later than June 1, 1986.
There is hereby appropriated $2,000,000, to remain available until
expended, to carry out the provisions of this section.
For carrying out title II of the Arts, Humanities, and Cultural
Affairs Act of 1976, as amended, $21,523,000: Provided, That none of 20 usC ssi rote.
these funds shall be available for the compensation of Executive
Level V or higher positions.
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or
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99 STAT. 1262 PUBLIC LAW 99-190-DEC. 19, 1985
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.
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $382,000.
For expenses made necessary by the Act establishing an Advisory
1s use 470. Council on Historic Preservation, Public Law 89-665, as amended,
$1,585,000: Provided, That none of these funds shall be available for
the compensation of Executive Level V or higher positions.
For necessary expenses, as authorized by the National Capital
1s use z1 note. Planning Act of 1952 (40 U.S.C. 71-71i), including services as au-
thorized by 5 U.S.C. 3109, $2,712,000.
For necessary expenses of the Franklin Delano Roosevelt Memo-
rial Commission, established by the Act of August 11, 1955 (69 Stat.
694), as amended by Public Law 92-332 (86 Stat. 401), $21,000, to
remain available for obligation until September 30,1987.
For necessary expenses, as authorized by section 17(a) of Public
4o use ss5. Law 92-578, as amended, $2,329,000 for operating and administra-
tive expenses of the Corporation.
For public development activities and projects in accordance with
the development plan as authorized by section 17(b) of Public Law
4o Usc ss5. 92-578, as amended, $3,250,000, to remain available for obligation
until expended.
For expenses of the Holocaust Memorial Council, as authorized by
3s Usc 1401. Public Law 96-388, $2,125,000: Provided, That persons other than
36 USC 1404
note.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1263
members of the United States Holocaust Memorial Council may be
designated as members of committees associated with the United
States Holocaust Memorial Council subject to appointment by the
Chairman of the Council: Provided further, That any persons so
designated shall serve without cost to the Federal Government.
TITLE III-GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this Act for Contracts.
any consulting service through procurement contract, pursuant to 5 Pubt;c
U.S.C. 3109, shall be limited to those contracts where such expendi- availability.
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under
existing Executive Order issued pursuant to existing law.
SEC. 302. No part of any appropriation under this Act shall be Prohibitions.
available to the Secretaries of the Interior and Agriculture for use Timber exports.
for any sale hereafter made of unprocessed timber from Federal
lands west of the 100th meridian in the contiguous 48 States which
will be exported from the United States, or which will be used as a
substitute for timber from private lands which is exported by the
purchaser: Provided, That this limitation shall not apply to specific
quantities of grades and species of timber which said Secretaries
determine are surplus to domestic lumber and plywood manufactur-
ing needs.
SEC. 303. No part of any appropri~.tion under this Act shall be Shawnee
available to the Secretary of the Interior or the Secretary of Agri- National Forest,
culture for the leasing of oil and natural gas by noncompetitive petroleum and
bidding on publicly owned lands within the boundaries of the Shaw- petroleum
nee National Forest, Illinois: Provided, That nothing herein is in- products.
tended to inhibit or otherwise affect the sale, lease, or right to access Natural gas.
to minerals owned by private individuals.
SEC. 304. No part of any appropriation contained in this Act shall Prohibitions.
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 Prohibitions.
remain available for obligation beyond the curr. ent fiscal year unless
expressly so provided herein.
SEC. 306. None of the funds provided in this Act to any depart- Prohibitions.
ment or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or em-
ployee of such department or agency.
SEC. 307. Except for lands described by sections 105 and 106 of Prohibitions.
Public Law 96-560, section 103 of Public Law 96-550, section 5(dxl) Alaska.
of Public Law 96-312, and except for land in the State of Alaska, and National Forest
lands in the national forest system released to man ement for an System.
use the Secretary of Agriculture deems appropriate through the Wilderness
land management planning process by any statement or other Act Preservation
of Congress designating components of the National Wilderness System.
Preservation System now in effect or hereinafter enacted, and p otectionental
except to carry out the obligations and responsibilities of the Sec- sa star.
retary of the Interior under section 17(kxl) (A) and (B) of the 3268-3L70.
Mineral Leasing Act of 1920 (30 U.S.C. 226), none of the funds s4 star. 822x.
provided in this Act shall be obligated for any aspect of the process- s4 star. sas
ing or issuance of permits or leases pertaining to exploration for or
development of coal, oil, gas, oil shale, phosphate, potassium, sul-
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99 STAT. 1264 PUBLIC LAW 99-190-DEC. 19, 1985
phur, gilsonite, or geothermal resources on Federal lands within any
component of the National Wilderness Preservation System or
within any Forest Service RARE II areas recommended for wilder-
ness designation or allocated to further planning in Executive
Communication 1504, Ninety-sixth Congress (House Document num-
bered 96-119); or within any lands designated by Congress as wilder-
ness study areas or within Bureau of Land Management wilderness
study areas: Provided, That nothing in this section shall prohibit the
expenditure of funds for any aspect of the processing or issuance of
permits pertaining to exploration for or development of the mineral
resources described in this section, within any component of the
National Wilderness Preservation System now in effect or herein-
after enacted, any Forest Service RARE II areas recommended for
wilderness designation or allocated to further planning, within any
lands designated by Congress as wilderness study areas, or Bureau
of Land Management wilderness study areas, under valid existing
rights, or leases validly issued in accordance with all applicable
Federal, State, and local laws or valid mineral rights in existence
prior to October 1, 1982: Provided further, That funds provided in
this Act may be used by the Secretary of Agriculture in any area of
National Forest lands or the Secretary of the Interior to issue under
their existing authority in any area of National Forest or public
lands withdrawn pursuant to this Act such permits as may be
necessary to conduct prospecting, seismic surveys, and core sam-
pling conducted by helicopter or other means not requiring
construction of roads or improvement of existing roads or ways, for
the purpose of gathering information about and inventorying
energy, mineral, and other resource values of such area, if such
activity is carried out in a manner compatible with the preservation
of the wilderness environment: Provided further, That seismic
activities involving the use of explosives shall not be permitted in
designated wilderness areas: Provided further, That funds provided
in this Act may be used by the Secretary of the Interior to augment
recurring surveys of the mineral values of wilderness areas pursu-
es usC 1133. ant to section 4(dx2) of the Wilderness Act and acquire information
on other national forest and public land areas withdrawn pursuant
to this Act, by conducting in conjunction with the Secretary of
Energy, the National Laboratories, or other Federal agencies, as
appropriate, such mineral inventories of areas withdrawn pursuant
to this Act as he deems appropriate. These inventories shall be
conducted in a manner compatible with the preservation of the
wilderness environment through the use of methods including core
sampling conducted by helicopter; geophysical techniques such as
induced polarization, synthetic aperture radar, magnetic and grav-
ity surveys; geochemical techniques including stream sediment
reconnaissance and x-ray diffraction analysis; land satellites; or any
other methods he deems appropriate. The Secretary of the Interior
is hereby authorized to conduct inventories or segments of inven-
tories, such as data analysis activities, by contract with private
entities deemed by him to be qualified to engage in such activities
whenever he has determined that such contracts would decrease
Federal expenditures and would produce comparable or superior
results: Provided further, That in carrying out any such inventory or
surveys, where National Forest System lands are involved, the
Secretary of the Interior shall consult with the Secretary of Agri-
culture concerning any activities affecting surface resources: Pro-
vided further, That funds provided in this Act may be used by the
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1265
Secretary of the Interior to issue oil and gas leases for the sub-
surface of any lands designated by Congress as wilderness study
areas, that are immediately adjacent to producing oil and gas fields
or areas that are prospectively valuable. Such leases shall allow no
surface occupancy and may be entered only by directional drilling
from outside the wilderness study area or other nonsurface disturb-
ing methods.
SEC. 308. None of the funds provided in this Act shall be used to Prohibitions.
evaluate, consider, process, or award oil, gas, or geothermal leases Geothermal
on Federal lands in the Mount Baker-Snoqualmie National Forest, leasing.
State of Washington, within the hydrographic boundaries of the Mount saker-
Snoqualmie
Cedar River municipal watershed upstream of river mile 21.6, the National
Green River municipal watershed upstream of river mile 61.0, the Forest, wA.
North Fork of the Tolt River proposed municipal watershed
upstream of river mile 11.7, and the South Fork Tolt River munici-
pal watershed upstream of river mile 8.4.
SEC. 309. No assessments may be levied against any program, Prohibitions.
budget activity, subactivity, or project funded by this Act unless
such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such
committees.
SEC. 310. Employment funded by this Act shall not be subject to
any personnel ceiling or other personnel restriction for permanent
or other than permanent employment except as provided by law.
SEC. 311. Notwithstanding any other provisions of law, the Sec- Contracts.
rotary of the Interior, the Secretary of Agriculture, the Secretary of State and local
Energy, and the Secretary of the Smithsonian Institution, are au- governments.
thorized 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. 312. None of the funds provided by this Act to the United Prohibitions.
States Fish and Wildlife Service may be obligated or expended to Loxahatchee
plan for, conduct, or supervise deer hunting on the Loxahatchee National
National Wildlife Refuge. wildlife Refuge.
Hunting.
SEC. 313. No funds appropriated by this Act shall be available for Prohibitions.
the implementation or enforcement of any rule or regulation of the Hunting.
United States Fish and Wildlife Service, Department of the Interior,
requiring the use of steel shot in connection with the hunting of
waterfowl in any State of the United States unless the appropriate
State regulatory authority approves such implementation.
SEC. 314. None of the funds provided in this Act may be used to Prohibitions.
establish new grizzly bear populations in any unit of the National National Forest
Park System or the National Forest System where no verified National parks,
grizzly bear population currently exists. None of the funds provided monuments, etc.
in this Act may be used for augmentation in occupied areas of Animals.
grizzly bear habitat unless an augmentation plan has been devel-
oped and made available for public review and comment in full
compliance with the National Environmental Policy Act by all
participating federal agencies: Provided, That it is not intended to
prohibit the preparation of proposals to augment existing grizzly
bear populations in occupied grizzly bear habitat: Provided further, Report.
That such augmentation may be conducted only with funds specifi-
cally identified for such purpose in an agency budget justification
and subsequently approved in a report accompanying an appropria-
tion bill making appropriations for that agency, or with funds
provided for through reprogramming procedures: Provided further,
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99 STAT. 1266 PUBLIC LAW 99-190-DEC. 19, 1985
That notwithstanding any other provision of law, agencies included
in this Act are authorized to reimburse permittees for such reason-
. able expenses as may be incurred as a result of moving permitted
animals from one location to another, as may be required by the
permitting agency, in order to prevent harassment and attacks by
grizzly bears. Such expenses are to be determined by the agency
responsible for the permitted action.
SEC. 315. Notwithstanding any other provision of law, section.
8336(jX3XA) of title 5, United States Code is amended by striking "5
years" and inserting in lieu thereof "10 years".
SEC. 316. Section 317 of title III of the Act of December 30,1982 (96
96 Stat. 1998. Stat. 1966), is amended by deleting the words "but before Decem-
ber 31,1985".
Aircraft and SEC. 317. Funds available to the De artment of the Interior and
air carriers. the Forest Service in fiscal year 1986 for the purpose of contracting
Contracts. for services that require the utilization of privately owned aircraft
for the carriage of cargo or freight shall be used only to contract for
aircraft that are certified as air-worthy by the Administrator of the
Federal Aviation Administration as standard category aircraft
under 14 CFR 21.183 unless the Secretary of the contracting depart-
ment determines that such aircraft are not reasonably available to
conduct such services.
Prohibitions. SEC. 318. None of the funds made available to the Department of
the Interior or the Forest Service during fiscal year 1986 by this or
any other Act may be used to implement the proposed jurisdictional
interchange program until enactment of legislation which au-
thorizes the jurisdictional interchange.
Gallatin SEC. 319. Notwithstanding any other provision of law, any lease
National for those Federal lands within the Gallatin and Flathead National
Forest. Forests which were affected by case CV-82-42-BU of the United
Flathead States District Court for the District of Montana, Butte Division, for
National
Forest. which the Secretary has directed or assented to the suspension of
courts, U.s. operations and production pursuant to section 39 of the Act of
ao use 2os. February 25, 1920 (30 U.S.C. 184) shall be excepted from the limits
on aggregate acreage set out in that Act: P,rouidec~ That any person,
association or corporation receiving relief under this section shall
bring its aggregate acreage into compliance with the provisions of
the Act of February 25, 1920 (30 U.S.C. 184) within six months from
the date the suspension of operation and production ends.
3o UsC 2oI note. SEC. 320. The provisions of section 2(aX2XA) of the Mineral Lands
Leasing Act of 1920 (41 Stat. 437), as amended by section 3 of the
Federal Coal Leasing Amendments Act of 1976 (90 Stat. 1083) shall
not take effect until December 31,1986.
Prohibitions. SEC. 321. (a) None of the funds available to the Bureau of Indian
Report. Affairs for the construction of housing on lands acquired pursuant
Indians. ~ section 11 of Public Law 93-531, as amended, shall be expended
25 use s4od-IO. until a report is submitted to the House and Senate Committees on
Appropriations detailing the proposed uses of such funds on the
lands acquired pursuant to section 11 of Public Law 93-531.
(b) In addition to plans for housing, the report shall include a
description of other services intended to be provided including, but
not limited to, water, sewers, roads, schools, and health facilities. If
such services are not to be provided the report shall describe alter-
native services available. The report shall further identify the pro-
posed sites to which households will be relocated, including the
distance from the Joint Use Area- to such sites. This report shall be
submitted no later than February 15, 1986, by the Navajo and Hopi
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1267
Indian Relocation Commission and shall include the views of the
Secretary of the Interior on the provision of housing and roads on
the new lands.
SEC. 322. Notwithstanding any other provision of law, the limita-
tion placed on the Secretary of the Interior by the last sentence of
section 319 of "An Act making appropriations for the Department of
the Interior and related agencies for the fiscal year ending Septem-
ber 30, 1985, and for other purposes", as enacted into law by Public
Law 98-473 (98 Stat. 1837), shall remain in effect until Congress
determines otherwise.
SEC. 323. The Secretary of the Interior, acting through the Bureau Indians.
of Indian Affairs and in consultation and cooperation with the Health and
Secretary of Health and Human Services and the Secretary of Schools ande
Education, shall develop and begin implementation of a program colleges.
which provides instruction in health promotion and disease preven-
tion to 'uvenile Indians enrolled in schools operated by, or on behalf
of, the ~ureau of Indian Affairs.
SEC. 324. Public Law 96-388, as amended (36 U.S.C. 1401 et seq.), is
further amended as follows:
~~ (1) The first sentence of section 36 U.S.C. 1401 is amended to read: as use I4ol.
There is hereby established as an independent Federal establish-
ment the United States Holocaust Memonal Council (hereinafter in
this chapter referred to as the `Council').";
~(2) 36 U.S.C. 1407 is amended by adding the word "invest," after ss use lao~.
the word "administer," in the first sentence, and by adding the
following new sentence as the penultimate sentence: "Funds do-
nated to and accepted by the Council pursuant to this section are
not to be regarded as appropriated funds and are not subject to any
requirements or restrictions applicable to appropriated funds."; and
(3) By adding the following new sections at the end of 36 U.S.C.
1408:
"REPORT TO THE CONGRES3
"The Executive Director shall make a full report annually to the 3s use 14os.
Congress of his stewardship of the authority to construct, operate,
and maintain the Holocaust Museum, including an accounting of all
financial transactions involving donated funds.
"Aunrr sY THE CO~rROr.LER GENERAL; ACCESS TO RECORDS
"Financial transactions of the Council, including those involving 3s UsC Ialo.
donated funds, shall be audited by the Comptroller General as
requested by the Congress, in accordance with generally accepted
auditing standards. In conducting any audit pursuant to this sec-
tion, appropriate representatives of the Comptroller General shall
have access to all books, accounts, financial records, reports, files
and other papers, items or property in use by the Council, as
necessary to facilitate such audit, and such representatives shall be
afforded full facilities for verifying transactions with the balances.".
SEC. 325. Each amount of bu et authority provided in this Act, or
made available in the Energy urity Reserve for the Clean Coal
Technology Program, for pa~m ents not required by law, is hereby
reduced by 0.6 per centum: Provided, That such reductions shall be
applied ratably to each account, program, activity, and project
provided for in this Act.
(e) Such amounts as may be necessary for projects or activities
provided for in the Department of Transportation and Related
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99 STAT. 1268 PUBLIC LAW 99-190-DEC. 19, 1985
Infra. Agencies Appropriations Act, 1986, at a rate for operations and to
the extent and in the manner provided for in the following Act; this
subsection shall be effective as if it had been enacted into law as the
regular appropriations Act:
Department of Making appropriations for the Department of Transportation and related agencies
Transportation for the Ciscal year ending September 30, 1986, and for other purposes.
and Related
Agencies TITLE I-DEPARTMENT OF TRANSPORTATION
Appropriations
Act, 1986. OFFICE OF THE SECRETARY
For necessary expenses of the Office of the Secretary of Transpor-
tation, including not to exceed $30,000 for allocation within the
Department of official reception and representation expenses as the
Secretary may determine, $51,300,000, together with $500,000 of the
unobligated balances available under this head at the beginning of
fiscal year 1986, and of which $3,500,000 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.
TRANSPORTATION PLANNING, RESEARCH, AND 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, $3,500,000.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays of the
Department of Transportation Working Capital Fund not to exceed
$64,500,000 shall be paid, in accordance with law, from appropria-
tions made available by this Act and prior appropriation Acts to the
Department of Transportation, together with advances and re-
imbursements 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
49 USC app. 1958, as amended (49 U.S.C. 1389), as is payable by the Department
1389. of Transportation, $28,000,000, to remain available until expended.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1269
COAST GUARD
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
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; and recreation
and welfare, $1,652,000,000, of which $10,000,000 shall be derived
from unobligated balances of "Pollution fund" and of which
$15,000,000 shall be expended from the Boat Safety Account: Pro-
vided, That, notwithstanding an other provision of law, of the
funds available under this head 789,800,000 shall be available for
compensation and benefits of military personnel: Provided further,
That, of the funds available under this head, not less than
$328,000,000 shall be available for drug enforcement activities: Pro-
vided further, That the number of aircraft on hand at any one time 14 USC s2 note.
shall not exceed two hundred and ten, exclusive of planes and parts
stored to meet future attrition: Provided further, That none of the
funds appropriated in this or any other Act shall be available for
pay or administrative expenses in connection with shipping commis-
sioners in the United States: Provided further, That none of the
funds provided in this Act shall be available for expenses
incurred for yacht documentation under 46 U.S.C. 103 except to the
extent fees are collected from yacht owners and credited to thi$
appropriation.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction, rebuilding,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; to remain available
until September 30, 1990, $217,300,000: Providea~ That the Secretary 10 USC 2304
of Transportation shall issue regulations requiring that written note.
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 furnlshed by the Govern-
ment 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 are notified in writing of the Secretary's intention
to waive and reasons for waiving such requirements: Frouided fur-
ther, That the requirements for such wrltten warranties shall not
cover combat damage.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of obstructive
bridges, $5,200,000, to remain available until expended.
RETIRED PAY
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
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99 STAT. 1270 PUBLIC LAW 99-190-DEC. 19, 1985
payments under the Retired Serviceman's Family Protection and
Survivor Benefit Plans, and for payments for medical care of retired
personnel and their de ndents under the Dependents Medical Care
io use io~i er Act (10 U.S.C., ch. 55), 351,800,000.
RESERVE TRAINING
.For all necessary expenses for the Coast Guard Reserve, as au-
thorized by law; .maintenance and operation of facilities; and sup-
plies, equipment, and services, $61,502,000.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses, not otherwise provided for, for basic and
applied scientific research, development, test, and evaluation;
maintenance, rehabilitation, lease, and operation of facilities and
equipment, as authorized by law, $21,000,000, to remain available
until expended: Provided, That there may be credited to this appro-
priation funds received from State and local governments, other
public authorities, private sources and foreign countries, for ex-
penses incurred for research, development, testing, and evaluation.
OFFSHORE OIL POLLUTION COMPENSATION FUND
For necessary expenses to carry out the provisions of title III of
the Outer Continental Shelf Lands Act Amendments of 1978 (Public
as use isii. Law 95-372), $1,000,000, to be derived from the Offshore Oil Pollu-
tion Compensation Fund and to remain available until expended. In
addition, to the extent that available appropriations are not ade-
quate to meet the obligations of the Fund, the Secretary of
Transportation is authorized to issue to the Secretary of the Treas-
ury notes or other obligations in such amounts and at such times as
may be necessary: Prouidea~ 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 $60,000,000 in fiscal year 1986
for the "Uffshore Oil Pollution Compensation Fund".
DEEPWATER PORT LLd-BILrrY FUND
For necessary expenses to carry out the provisions of section 18 of
33 use 1517. the Deepwater Port Act of 1974 (Public Law 93-627), $1,000,000, to
be derived from the Deepwater Port Liability Fund and to remain
33 use 1517x. available until expended. In addition, to the extent that available
appropriations are not adequate to meet the obligations of the Fund,
the Secretary of Transportation is authorized to issue, and the
Secretary of the Treasury is authorized to purchase, without fiscal
year limitation, notes or other obligations in such amounts and at
.such times as may be necessary: Proaided, 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 $50,000,000 in
fiscal year 1986 for the "Deepwater Port Liability Fund".
(LIQUIDATION OF CONTRACT AUTHORIZATION)
For payment of obligations incurred for recreational boating
4s use 1451 safety assistance under Public Law 92-75, as amended, $30,000,000,
note.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1271
to be derived from the Boat Safety Account 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 obligations
for which are in excess of $30,000,000 in fiscal year 1986 for rec-
reational boating safety assistance: Provided further, That no obliga-
tions may be incurred for the improvement of recreational boating
facilities.
FEDERAL AVIATION ADMINISTRATION
HEADQUARTERS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, of providing
administrative services at the headquarters location of the Federal
Aviation Administration, including but not limited to accounting,
budgeting, personnel, legal, public affairs, and executive direction
for the Federal Aviation Administration, $64,400,000: Provided,
That the Secretary of Transportation is authorized to transfer
appropriated funds between this appropriation and the Federal
Aviation Administration appropriation for operations: Provided fur-
ther, That this appropriation shall be neither increased nor de-
creased by more than 2 per centum by any such transfers: Provided
further, That any such transfers shall be reported to the Committees
on Appropriations.
OPERATIONS
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including administrative expenses for
research and development, and for establishment of air navigation
facilities, and carrying out the provisions of the Airport and Airway
Development Act, as amended, or other provisions of law authoriz-
ing obligation of funds for similar programs of airport and airway
development or improvement; purchase of four passenger motor
vehicles for replacement only, $2,694,600,000, of which not to exceed
$446,000,000 shall be derived from the Airport and Airway Trust
Fund: Prooided, 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: Provided
further, That none of these funds shall be available for new ap-
plicants for the second career training program.
FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, and improvement by contract or purchase, and
hire of air navigation and experimental facilities, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing including construction of test facilities and acquisi-
tion 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, 1990, $993,000,000: Provided, That
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99 STAT. 1272 PUBLIC LAW 99-190-DEC. 19, 1985
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 moderniza-
tion of air navigation facilities: Provided further, That of the funds
available under this head, $10,000,000 shall be available for the
Secretary of Transportation to enter into grant agreements with
universities or colleges to conduct demonstration projects in the
development, advancement, or expansion of airway science curricu-
lum programs, and such funds, which shall remain available until
expended, shall be made available under such terms and conditions
as the Secretary of Transportation may prescribe, to such univer-
sities or colleges for the purchase or lease of buildings and associ-
ated facilities, instructional materials, or equipment to be used in
conjunction with airway science curriculum programs.
RESEARCH, ENGINEERING AND DEVELOPMENT (AIRPORT AND AIRWAY
TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, for research,
engineering and development, in accordance with the provisions of
the Federal Aviation Act (49 U.S.C. 1301-1542), including construc-
tion of experimental facilities and acquisition of necessary sites by
lease or grant, to be derived from the Airport and Airway Trust
Fund and to remain available until expended, $190,000,000, together
with $15,000,000 to be transferred from unobligated balances of
"Facilities and equipment", of which $3,036,412 shall be available
for icing and related next generation weather radar atmospheric
research to be conducted by the University of North Dakota,
$2,000,000 shall be available for the Center for Research and Train-
ing in Information-based Aviation and Transportation Management
at Barry University and $2,000,000 shall be available for the In-
stitute for Aviation Safety Research at Wichita State University:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public authori-
ties, and private sources, for expenses incurred for research,
engineering and development.
GRANT&IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACr
AUTHORIZATION) (AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for airport planning and
4s use apP. development under section 14 of Public Law 91-258, as amended,
1714. and under other law authorizing such obligations, and obligations
for noise compatibility planning and programs, $693,000,000, 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 $925,000,000 in fiscal year
1986 for grants-in-aid for airport planning and development, and
noise compatibility planning and programs, notwithstanding section
as use aPP. 506(ex4) of the Airport and Airway Improvement Act of 1982.
2205.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1273
OPERATION AND MAINTENANCE, METROPOLITAN WASHINGTON
AIRPORT3
For expenses incident to the care, operation, maintenance,
improvement, and protection of the federally-0wned civil airports in
the vicinity of the District of Columbia, including purchase of eight
passenger motor vehicles for police use, for replacement only; pur-
chase, cleaning, and repair of uniforms; and arms and ammunition,
$34,100,000: Provided, That there may be credited to this appropria-
tion funds received from air carriers, concessionaires, and non-
federal tenants sufficient to cover utility and fuel costs which are in
excess of $6,682,000: Provided further, That there may be credited to
this appropriation funds received from States, counties, municipali-
ties, other public authorities, or private sources, for expenses in-
curred in the maintenance and operation of the federally-owned
civil airports.
CONSTRUCTION, METROPOLITAN WASHINGTON AIRPORTS
For necessary expenses for construction at the federally-owned
civil airports in the vicinity of the District of Columbia, $7,000,000,
to remain available until September 30, 1988.
AVIATION INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby authorized to make
such expenditures and investments, within the limits of funds avail-
able 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 programs 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 as use aPp. isz4
other obligations to the Secretary of the Treasury, in such forms and note.
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). The 49 use apP. t32a
aggregate amount of such obligations during fiscal year 1986 shall note.
not exceed $75,000,000. Such obligations shall be redeemed by the
Secretary from appropriations authorized by this section. The Sec-
retary 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 4o stat.L88.
may be issued under such Act are extended to include any purchase
of notes or other obligations issued under the subsection. The Sec-
retary of the Treasury 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 trans-
actions of the United States.
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99 STAT. 1274 PUBLIC LAW 99-190-DEC. 19, 1985
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON GENERAL OPERATING EXPENSES
Necessary expenses for administration, operation, and research of
the Federal Highway Administration, not to exceed $203,761,000,
shall be paid, in accordance with law, from appropriations made
available by this Act to the Federal Highway Administration to-
gether with advances and reimbursements received by the Federal
Highway Administration: Provided, That not to exceed $48,415,000
of the amount provided herein shall remain available until ex-
pended: Provided further, That all unobligated amounts made avail-
able under this head in prior fiscal years for the establishment and
implementation of a demonstration bonding program for economi-
cally and socially disadvantaged businesses shall remain available
for such purposes until expended: Provided further, That, notwith-
standing 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 in-
curred for non-federal employees: Provided further, That none of the
funds provided in this Act shall be used for the approval of, or to pay
the salary of any person who approves projects to construct a
landfill in the Hudson River as part of an Interstate System high-
way in New York City.
(HIGHWAY TRUST FUND)
For necessary expenses in carrying out 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,
$8,500,000.
HIGHWAY-RELATED SAFETY GRANTS (LIQUIDATION OF CONTRACT
AUTHORIZATION) (HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the provisions
ss star. 43s. of title 23, United States Code, section 402, administered by the
Federal Highway Administration, to remain available until ex-
pended, $9,000,000 to be derived from the Highway Trust Fund:
Provided, That not to exceed $100,000 of the amount appropriated
herein shall be available for "Limitation on general operating ex-
penses": Provided further, That none of the funds in this Act shall
be available for the planning or execution of programs the obliga-
tions for which are in excess of $10,000,000 in fiscal year 1986 for
"Highway-related safety grants".
Funds appropriated and obligated to carry out sections 131 and
136 of title 23, United States Code, which have been deobligated
subsequent to enactment of this Act shall remain available until
expended.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1275
RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PROJECTS
For necessary expenses of certain railroad-highway crossings dem-
onstration projects as authorized by section 163 of the Federal-Aid
Highway Act of 1973, as amended, to remain available until ex- 23 UsC 13o note.
pended, $16,000,000, of which $10,666,667 shall be derived from the
Highway Trust Fund: Prouidea}r That the unobligated balance of
funds appropriated in Public Law 93-98 for Wheeling, West Vir- 87 star. 329.
ginia, is hereby made available for allocation to carry out highway
projects on the Federal-aid system in Wheeling, West Virginia at
full federal expense.
FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT
AUTHORIZATION) (HIGHWAY TRUST FUND)
For carrying out the provisions of title 23, United States Code,
which are attributable to Federal-aid highways, including the Na-
tional 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,
$13,836,000,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available until
expended: Provided, That none of the funds in this Act shall be 23 USC 104 note.
available for the implementation or execution of programs the
obligations for which are in excess of $12,750,000,000 for Federal-aid
highways and highway safety construction programs for fiscal year
1986, except that this limitation 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 Federal-Aid Highway Act of 1981, 46 USC 144 note.
subsections 131 (b) and (j) of Public Law 97-424, section 118 of the 95 stet. 101.
National Visitors Center Facilities Act of 1968, or section 320 of title 9s star. 2119.
23, United States Code. 4o USC 818.
RIGHT-0F-~'AY REVOLVING FUND (LIMITATION ON DIRECT LOANS)
(HIGHWAY TRUST FUND)
During fiscal year 1986 and with the resources and authority
available, gross obligations for the principal amount of direct loans
shall not exceed $50,000,000.
MOTOR CARRIER SAFETY
For necessary expenses to carry out the motor carrier safety
functions of the Secretary as authorized by the Department of
Transportation Act (80 Stat. 939-940), $13,900,000, of which $953,000 49 USC app. 1651
shall remain available until expended, and not to exceed $1,601,000 note.
shall be available for "Limitation on general operating expenses".
(HIGHWAY TRUST FUND)
For necessary expenses to carry out provisions of section 402 of
Public Law 97-424, $17,000,000, to be derived from the Highway 4s USC app.
Trust Fund and to remain available until September 30, 1989. 2302.
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99 STAT. 1276 PUBLIC LAW 99-190-DEC. 19, 1985
ACCESS HIGHWAYS TO PUBLIC RECREATION AREAS ON CERTAIN LAKES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of certain access highway projects, as
authorized by section 155, title 23, United States Code, to remain
available until expended, $10,000,000, of which $5,000,000 shall be
derived from unobligated balances of "Research, training, and
human resources".
(HIGHWAY TRUST FUND)
For necessary expenses, not otherwise provided, to carry out the
23 use ioI note. provisions of the Federal-Aid Highway Act of 1970, for the Balti-
more-Washington Parkway, to remain available until expended,
$3,000,000 to be derived from the Highway Trust Fund and to be
withdrawn therefrom at such times and in such amounts as may be
necessary: Prouidedy That, notwithstanding subsection (b) of section
84 Stat. 1739. 146 of the Federal-Aid Highway Act of 1970 and any agreement
entered into under such subsection, the Secretary of the Interior
shall not be required to convey to the State of Maryland any portion
of the Baltimore-Washington Parkway located in the State of Mary-
land, and the State of Maryland shall not be required to accept
conveyance of any such portion: Provided further, That funds
authorized by such section may be expended without regard to any
requirement of such an agreement that such portion of the Balti-
more-Washington Parkway be conveyed to the State of Maryland.
WASTE ISOLATION PILOT PROJECT ROADS
For necessary expenses in connection with the upgrading of cer-
tain highways for the transportation of nuclear waste generated.
during defense-related activities, not otherwise provided for,
$7,000,000, to remain available until expended.
For necessary expenses to carry out a project to consolidate two
rail lines on a common alignment in the vicinity of Orange, Texas,
that demonstrates methods by which a rail line consolidation pro ect
will reduce motor vehicle traffic congestion and increase emp~oy-
ment, to remain available until expended, $4,000,000 to be derived
from unobligated balances of "Research, training, and human.
resources".
For necessa expenses to carry out a highway project to depress a
highway in S~awnee, Oklahoma, that demonstrates methods of
improving air service to a small community by extension of a
runway over a depressed road, to remain available until expended,
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1277
$1,350,000 to be derived from unobligated balances of "Research,
training, and human resources".
EXPRESSWAY GAP CLOSING DEMONSTRATION PROJECT
For necessary expenses to carry out a highway construction
project along State Route 113 in north-central California that dem-
onstrates methods of reducing motor vehicle congestion and increas-
ing employment, there is authorized to be appropriated $23,500,000,
to remain available until expended, of which $9,000,000 is hereby
appropriated: Provided, That such funds shall be exempt from any
limitation on obligations for Federal-aid highways and highway
safety construction programs.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety and functions under the
Motor Vehicle Information and Cost Savings Act (Public Law 92-
513, as amended), $88,851,000, of which $5,000,000 shall be derived I5 use Isol
from unobligated balances of "Research, training, and human re- note.
sources", and of which $29,894,000 shall be derived from the High-
way Trust Fund: Provided, That not to exceed $36,296,000 shall
remain available until expended, of which $14,833,000 shall be
derived from the Highway Trust Fund: Provided further, That, of
the funds available under this head, $10,000,000 shall be available to
implement the recommendations of the 1985 National Academy of
Sciences report on trauma research: Provided further, That for the
purpose of carrying out a national program to encourage the use of
automobile passive restraints as authorized by 23 U.S.C. 403, an
additional $500,000 is available to be derived from unobligated
balances of "Carpool and vanpool projects".
HIGHWAY TRAFFIC .SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For pa ment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 406 and 408, and section 209 of Public Law 95-599, ss stet. 436;
as amended, to remain available until expended, $149,000,000, to be 23 USC 401 note.
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
126,500,000 in fiscal year 1986 for "State and community highway
safety" authorized under 23 U.S.C. 402: Provided further, That none 98 Stat. 436.
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: Prouided 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
$28,800,000 for 'Alcohol safety incentive grants" authorized under
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99 STAT. 1278 PUBLIC LAW 99-190-DEC. 19, 1985
ss star. a3s. 23 U.S.C. 408: Provided further, That none of the funds in this Act
shall be available for the planning or execution of programs au-
23 use 401 note. thorized by section 209 of Public Law 95-599, as amended, the total.
obligations for which are in excess of $5,000,000 in fiscal years 1983,
1984,1985, and 1986: Provided further, That not to exceed $5,000,000
ss star. 43s. shall be available for administering the provisions of 23 U.S.C. 402.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $10,120,000.
RAILROAD SAFETY
For necessary expenses in connection with railroad safety, not
otherwise provided for, $27,764,000, of which $1,500,000 shall remain
available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$10,600,000, to remain available until expended.
RAIL SERVICE ASSISTANCE
For necessary expenses for rail service assistance authorized by
4s use app. section 5 of the Department of Transportation Act, as amended, for
1s54. Washington Union Station, as authorized by Public Law 97-125, and
4o USC ao1 note. for necessary administrative expenses in connection with federal
rail assistance programs not otherwise provided for, $20,200,000, to
remain available until expended: Provided That none of the funds
provided under this Act shall be available for the planning or
execution of a program making commitments to guarantee new
45 UsC 661 note. loans under the Emergency Rail Services Act of 1970, as amended,
and that no new commitments to guarantee loans under section.
a5 use 721. 211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as
amended, shall be made: Provided further, That none of the funds in
this Act shall be available for the acquisition, sale or transference of
Washington Union Station without the prior approval of the House
and Senate Committees on Appropriations: Provided further, That,
of the funds available under this head, $15,000,000 shall be available
for allocation to the States under section 5(hX2) of the Department
4s use app. of Transportation Act, as amended: Provided further, That, notwith-
1s54. standing any other provision of law, a State may not apply for fiscal
year 1986 funds available under section 5(hX2) until such State has
expended all funds granted to it in the fiscal years prior to the
beginning of fiscal year 1981, other than funds not expended due to
pending litigation: Provided further, That a State denied funding by
reason of the immediately preceding proviso may still apply for and
receive funds for planning purposes: Provided ~urther, That, not-
withstanding any other provision of law, of t e funds available
under section 5(yX2), $10,000,000 shall be made available for use
under sections 5(hX3XBXii) and 5(hX3XC) of the Department of
Transportation Act, as amended, notwithstanding the limitations
set forth in section 5(hX3XBXii).
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1279
CONRAIL LABOR PROTECTION
Such sums as may be necessary shall be made available for
necessary expenses of administration of section 701 of the Regional
Rail Reorganization Act of 1973 by the Railroad Retirement Board.
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
For necessary expenses related to Northeast Corridor improve-
ments authorized by title ViI of the Railroad Revitalization and
Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.),
$12,500,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, the provisions of Public
Law 85-804 shall apply to the Northeast Corridor Improvement
Program: Provided further, That the Secretary may waive the provi-
sions of 23 U.S.C. 322 (c) and (d) if such action would serve a public
purpose: Provided further, That all public at grade-level crossings
remaining along the Northeast Corridor upon completion of the
project shall be equipped with protective devices including gates and
lights.
GRANT3 To THE NATIONAL RAILROAD PASSENGER CORPORATION
(INCLUDING TRANSFERS OF FUNDS)
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for operating losses in-
curred by the Corporation, capital improvements, and labor protec-
tion costs authorized by 45 U.S.C. 565, to remain available until
expended, $616,000,000, of which $23,000,000 shall be derived from
unobligated balances of "Conrail labor protection" and $5,500,000
shall be derived from unobligated balances of "Rail labor assist-
ance" as of September 30, 1985: Provided, That none of the funds
herein approprlated shall be used for lease or purchase of passenger
motor vehlcles 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 1986: Provided
further, That the incurring of any obligation or commitment by the
Corporation for the purchase of capital improvements prohibited by
this Act or not expressly provided for in an appropriation Act shall
be deemed a violation of 31 U.S.C. 1341: 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 ?hall be made available to finance the
rehabilitation and other improvements (including upgrading track
and the signal system, ensuring safety at public and private high-
way 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 non-federal sources: Provided further, That,
notwithstanding any other provision of law, the National Railroad
45 USC 851 note.
50 USC 1431-
1435.
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99 STAT. 1280 PUBLIC LAW 99-190-DEC. 19, 1985
Passenger Corporation shall not operate rail passenger service be-
tween 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
first 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 pas-
senger service, between Spuyten Duyvil, New York, and the main
line of the Northeast Corridor unless the Secretary of Transpor-
tation certifies that not less than 40 per centum of the costs of such
improvement shall be derived from non-Amtrak sources.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING FUNDS
The total commitments to guarantee new loans pursuant to sec-
tions 511 through 513 of the Railroad Revitalization and Regulatory
45 Usc 831-833. Reform Act of 1976 (Public Law 94-210), as amended, shall not
exceed $4,000,000 of contingent liabilities for loan principal during
fiscal year 1986: Provided, That 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
45 Usc 832. and Regulatory Reform Act of 1976 (Public Law 94-210), as amend-
ed, in such amounts and at scch 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 further, That the aggregate amount of such
notes or other obligations during fiscal year 1986 shall not exceed
$100,000,000.
45 USC 822, "825-
827, 829.
45 USC 821, 822
and note, 825.
REDEEMABLE PREFERENCE SHARES
Notwithstanding any other provision of law, the Secretary of
Transportation is hereby authorized to expend proceeds from the
sale of fund anticipation notes to the Secretary of the Treasury and
any other moneys deposited in the Railroad Rehabilitation and
Improvement Fund pursuant to sections 502, 505-507, and 509 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public
Law 94-210), as amended, and section 803 of Public Law 95-620, for
uses authorized for the Fund, in amounts not to exceed $33,500,000.
For necessary capital expenses of Conrail commuter transition
assistance, not otherwise provided for, $5,000,000 to be derived from
unobligated balances of "Research, training, and human resources"
and to remain available until expended.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1281
URBAN MASS TRANSPORTATION ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the urban mass
transportation program authorized by the Urban Mass Transpor-
tation 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, $30,000,000, of which not to exceed $650,000 shall be available
for the Office of the Administrator.
49 USC app. 1601
note.
23 USC 101 et
seq.
RESEARCH, TRAINING, AND HUMAN RESOURCES
For necessary expenses for research, training, and human re-
sources as authorized by the Urban Mass Transportation Act of
1964, as amended (49 U.S.C. 1601 et seq.), to remain available until 49 use app. lsol
expended, $17,400,000: Provided, That there may be credited to this note.
appropriation funds received from States, counties, municipalities,
other public authorities and private sources, for expenses incurred
for training.
FORMULA GRANTS
For necessary expenses to carry out the provisions of sections 9
and 18 of the Urban Mass Transportation Act of 1964, as amended 4s USC app.
(49 U.S.C. 1601 et segJ, $2,150,000,000, to remain available until lso7a, 1x14.
expended.
None of the funds in this Act shall be available for the im-
plementation or execution of programs in excess of $1,045,500,000 in
fiscal year 1986 for grants under the contract authority authorized
in section 21(ax2xB) of the Urban Mass Transportation Act of 1964,
as amended (49 U.S.C. 1601 et segJ.
49 USC app.
1617.
LIQUIDATION OF CONTRACT AUTHORIZATION
For payment of obligations incurred in carrying out section
21(ax2) of the Urban Mass Transportation Act of 1964, as amended
(49 U.S.C. 1601 et seq.), administered by the Urban Mass Transpor- 49 usC app.
tation Administration, $775,000,000, to be derived from the Highway 1617.
Trust Fund and to remain available until expended.
For necessary expenses to carry out the provisions of 23 U.S.C.
103(ex4) related to transit projects, to remain available until
September 30, 1987, $218,750,000, of which $18,750,000 shall be
derived from unobligated balances of "Research, training, and
human resources".
For necessary expenses to carry out the provisions of section 14 of
Public Law 96-184, $227,000,000, to remain available until 93 Stat. l:~zo.
expended.
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99 STAT. 1282 PUBLIC LAW 99-190-DEC. 19, 1985
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
31 USC 9104. Government Corporation Control Act, as amended, as maybe nec-
essary in carrying out the programs set forth in the Corporation's
budget for the current fiscal year except as hereinafter provided.
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $1,916,000 shall be available for administrative
expenses which shall be computed on an accrual basis, including not
to exceed $3,000 for official entertainment expenses to be expended
upon the approval or authority of the Secretary of Transportation:
Prouid~ That Corporation funds shall be available for the hire of
passenger motor vehicles and aircraft, operation and maintenance
of aircraft, uniforms or allowances therefor for operation and
maintenance personnel, as authorized by law (5 U.S.C. 5901-5902),
and $15,000 shall be available for services as authorized by 5 U.S.C.
3109.
RESEARCH AND .SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the Research
and Special Programs Administration, for expenses for conducting
research and development and for grants-in-aid to carry out a
pipeline safety program, as authorized by section 5 of the Natural
49 USC app. Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $19,300,000, of
1s74. which $6,975,000 shall remain available until expended.
OFFICE OF THE INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of the Inspector General in.
5 UsC app. carrying out the provisions of the Inspector General Act of 1978,
$27,600,000.
TITLE II-RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS
COMPLIANCE BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
ss Stat. 28. Rehabilitation Act of 1973, as amended, $1,975,000.
29 USC 792.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1283
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
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), $22,300,000, of which not to exceed $500 may be used for
official reception and representation expenses.
INTERSTATE COMMERCE COMMISSION
.SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUND51
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,
$50,480,000, of which $2,300,000 shall be derived from unobligated
balances of "Payments for directed rail service": Provided, That as use io3a4
joint board members and cooperating State commissioners may use note.
Government transportation requests when traveling in connection
with their official duties as such.
PAYMENTS FOR DIRECTED RAIL SERVICE
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 $1,000,000 for directed rail service authorized
under 49 U.S.C. 11125 or any other legislation.
OPERATING EXPENSES
For operating expenses necessary for the Panama Canal Commis-
sion, including hire of passenger motor vehicles and aircraft; uni-
forms or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902); not to exceed $10,000 for official reception and representation
expenses of the Board; operation of guide services; residence for the
Administrator; disbursements by the Administrator for employee
and community projects; not to exceed $1,000 for official reception
and representation expenses of the Secretary; not to exceed $25,000
for official reception and representation expenses of the Adminis-
trator; and to employ services as authorized by law (5 U.S.C. 3109);
$400,284,000, to be derived from the Panama Canal Commission
Fund: Provided, That there may be credited to this appropriation
funds received from the Panama Canal Commission's capital outlay
account for expenses incurred for supplies and services provided for
capital projects.
CAPITAL OUTLAY
For acquisition, construction, replacement, and improvement of
facilities, structures, and equipment required by the Panama Canal
Commission, including the purchase of not to exceed forty-four
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99 STAT. 1284 PUBLIC LAW 99-190-DEC. 19, 1985
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
$14,000 per vehicle); to employ services authorized by law (5 U.S.C.
3109); $25,500,000 to be denved from the Panama Canal Commission
Fund and to remain available until expended.
DEPARTMENT OF THE TREASURY
OFFICE OF THE .SECRETARY
INVESTMENT IN FUND ANTICIPATION NOTES
For the acquisition, in accordance with section 509 of the Railroad
45 USC s2s. Revitalization and Regulatory Reform Act of 1976, as amended, and
45 USC 822 note, section 803 of Public Law 95-620, of fund anticipation notes,
821, 822, 825. $33,500,000.
ADMINISTRATIVE EXPENSES
For necessary administrative expenses to enable the United
States Railway Association to carry out its functions under the
45 UsC ~oI note. Regional Rail Reorganization Act of 1973, as amended, to remain
available until expended, $2,400,000, of which not to exceed $500
may be available for official reception and representation expenses.
INTEREST PAYMENTS
For necessary expenses for interest payments, to remain available
until expended, $51,663,569: Provided, That these funds shall be
disbursed pursuant to terms and conditions established by Public
s3 star. I32o. Law 96-184 and the Initial Bond Repayment Participation Agree-
ment.
TITLE III-GENERAL PROVISIONS
Aircraft and SEC. 301. During the current fiscal year applicable appropriations
air carriers. to the Department of Transportation shall be available for mainte-
Motor vehicles. Hance and operation of aircraft; hire of passen er motor vehicles
Insurance. and aircraft-
, purchase of liabilit insurance or motor vehicles
operating in foreign countries on o~cial departmental business; and.
uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901-5902).
SEC. 302. Funds appropriated for the Panama Canal Commission
may be apportioned notwithstanding section 3679 of the Revised
Statutes, as amended (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 which
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.
Education. SEC. 303. Funds appropriated under this Act for expenditures by
20 use 241 note. the Federal Aviation Administration shall be available (1) except as
otherwise authorized by the Act of September 30, 1950 (20 U.S.C.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1285
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 which they attend and
their places of residence when the Secretary, under such regulations
as may be prescribed, determines that such schools are not acces-
sible 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.
SEC. 305. None of the funds appropriated in this Act for the
Panama Canal Commission may be expended unless in conformance
with the Panama Canal Treaties of 1977 and any law implementing TIAS 10029.
those treaties.
SEC. 306. None of the funds provided in this Act may be used for Prohibitions.
planning or construction of rail-highway crossings under section Connecticut.
322(a) of title 23, United States Code, or under section 701(aX5) or
section 703(1xA) of the Railroad Revitalization and Regulatory
Reform Act of 1976 at the- 45 USC 851, 853.
(1) School Street crossing in Groton, Connecticut; and
(2) Broadway Extension crossing in Stonington, Connecticut.
SEC. 307. None of the funds in this Act shall be used for the Prohibitions.
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. 308. None of the funds in this Act shall be used to assist, Prohibitions.
directly or indirectly, any State in imposing mandatory State inspec- Motor vehicles.
tion fees or sticker requirements on vehicles which are lawfully
registered in another State, including vehicles engaged in interstate
commercial transportation which are in compliance with Part 396-
Inspection and Maintenance of the Federal Motor Carrier Safety
Re lations of the United States Department of Transportation.
SEC. 309. None of the funds contained in this Act shall remain Prohibitions.
available for obligation beyond the current fiscal year unless ex-
pressly so provided herein.
SEC. 310. Notwithstanding any other provision of law, total
amounts of contract authority authorized for fiscal year 1986 in
section 21(ax2XB) of the Urban Mass Transportation Act of 1964, as
amended, shall be available for obligation through fiscal year 1989. 49 UsC app.
SEC. 311. None of the funds in this or any other Act shall be 1s17.
available for the planning or implementation of any change in the
current federal status of the Transportation Systems Center.
SEC. 312. The expenditure of any appropriation under this Act for Contracts.
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 pursu-
ant to existing law.
SEC. 313. (a) For fiscal year 1986 the Secretary of Transportation Highways.
shall distribute the obligation limitation for Federal-aid highways 23 USC 104 note.
by allocation in the ratio which sums authorized to be appropriated
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99 STAT. 1286 PUBLIC LAW 99-190-DEC. 19, 1985
for Federal-aid highways and highway safety construction which 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 which are apportioned or
allocated to all the States for such fiscal year.
(b) During the period October 1 through December 31, 1985, no
State shall obligate more than 40 per centum of the amount distrib-
uted 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.
(c) Notwithstanding subsections (a) and (b), 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 which have been
apportioned to a State, except in those instances in which a
State indicates its intention to lapse sums apportioned under
section 104(bxSxA) of title 23, United States Code;
(2) after August 1, 1986, 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 unobliggated bal-
ances of funds apportioned under section 104 of title 23, United
States Code, and giving priority to those States which, because
of statutory changes made by the Surface Transportation
z3 use ioi note. Assistance Act of 1982 and the Federal-Aid Highway Act of
z3 USC lol note. 1981, have experienced substantial proportional reductions in
their apportionments and allocations; and
(3) not distribute amounts authorized for administrative ex-
penses and the Federal Lands H~'ghway Programs.
Prohibitions. SEC. 314. None of the funds in this Act shall be available for
salaries and expenses of more than one hundred thirty~ight politi-
cal appointees in the Department of Transportation.
SEC. 315. Not to exceed $1,700,000 of the funds provided in this Act
for the Department of Transportation shall be available for the
necessary expenses of advisory committees.
Highways. SEC. 316. The limitation on obligations for Federal-aid highways
sridges. and highway safety construction programs for fiscal year 1986 shall
not apply to obligations for the remaining approach and bridge
removal work necessary to complete the new bridge alignment for
the Zilwaukee Bridge.
4s use app. SEC. 317. (a) Section 5(bx2) of the Urban Mass Transportation Act
iso4. of 1964 is amended by inserting after the first sentence the following
new sentence: "Any funds apportioned for fiscal year 1982 or 1983
under subsection (a) for expenditure in an urbanized area with a
population of less than 200,000 may be expended in an urbanized
area with a population of 200,000 or more.".
(b) Section 5(cx4) of the Urban Mass Transportation Act of 1964 is
amended by striking the period at the end of the first sentence, and
inserting the following: "except that any fiscal year 1982 funds
made available to a Governor under section 5(bx2) of the Urban
Mass Transportation Act of 1964, as amended, that are unobligated
as of October 1,1985, or become unobligated thereafter, shall remain
available for expenditure under section 5 until October 1, 1986."
4s use app. SEC. 318. Notwithstanding any other provision of law, within 60
iso7a note. days of the effective date of this Act the Urban Mass Transportation
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Administration shall reapportion under section 9 of the Urban Mass
Transportation Act of 1964, as amended, those funds available for 49 USC app.
reapportionment pursuant to subsection (cX4) of section 5 of that lso7a.
ACt. 49 USC app.
SEC. 319. None of the funds in this or an other Act shall be made 1604
y Prohibitions.
available for the proposed Woodward light rail line in the Detroit, Michigan.
Michigan, area until a source of operating funds has been approved
in accordance with Michigan law: Provided, That this limitation
shall not apply to alternatives analysis studies under section
21(ax2xB) of the Urban Mass Transportation Act of 1964, as 49 USC app.
amended. lsl~.
SEC. 320. The Secretary of Transportation shall enter into negotia- contracts.
tions for full funding contracts with the appropriate local govern-
mental authorities to construct (1) the minimum operable segment,
MOS-1, of the downtown Los Angeles to San Fernando Valley Metro
Rail project; (2) the north and south legs of the downtown compo-
nent of metrorail in Dade County, Florida; and (3) the downtown
transit project (bus tunnel) in Seattle, Washington: Provided, That
the Secretary shall commence negotiations with appropriate local
authorities to enter into such contracts no later than 30 days after
enactment and shall conclude such negotiations no later than 90
days after enactment: Provided further, That such contracts shall
cover total project costs including federal financial participation
consisting of fiscal year 1984 and fiscal year 1985 discretionary
grants funding made available pursuant to section 331 of this Act,
fiscal year 1986 discretionary grants funding in accordance with the
accompanying Joint Explanatory Statement of the Managers, and
future funding as made available by the Congress.
SEC. 321. The Urban Mass Transportation Administration shall Contract.
enter into a contract with the Southern California Rapid Transit California.
District to conduct a study of the potential methane gas risks Railroads.
relating to the proposed alignmer_t of the Metro Rail project beyond
the Minimum Operable Segment, MOS-1. None of the funds de- Prohibitions.
scribed in section 320 may be made available for any segment of the
downtown Los Angeles to San Fernando Valley Metro Rail project
unless and until the Southern California Rapid Transit District
officially notifies and commits to the Urban Mass Transportation
Administration that no part of the Metro Rail project will tunnel
into or through any zone designated as a potential risk zone or high
potential risk zone in the report of the City of Los Angeles dated
June 10, 1985, entitled "Task Force Report on the March 24, 1985
Methane Gas Explosion and Fire in the Fairfax Area". Funds for
this study, in an amount not to exceed $1,000,000, shall be made
available from funds previously allocated for the MOS-1 project,
commencing within 30 days of enactment.
SEC. 322. The limitation on obligations for the Discretionary 49 USC app.
Grants Program of the Urban Mass Transportation Administration lsl~ note.
shall not apply to any authority under section 21(ax2xB) of the
Urban Mass Transportation Act of 1964, as amended, previously 49 USC app.
made available for obligation. lsl~.
SEC. 323. (a) Notwithstanding any other provision of law, the contracts.
Secretary of Transportation may use not to exceed one-half of 1
percent of-
(1) the funds made available for fiscal year 1986 by section
21(ax2xB) of the Urban Mass Transportation Act of 1964, as
amended, to carry out section 3 of such Act to contract with any 4s USC app.
160?.
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99 STAT. 1288 PUBLIC LAW 99-190-DEC. 19, 1985
person to oversee the construction of any major project under
such section;
(2) the funds appropriated for fiscal year 1986 pursuant to
49 USC app. section 21(axl) of the Urban Mass Transportation Act of 1964,
Isi7. as amended, to carry out section 9 of such Act to contract with
49 USC app. any person to oversee the construction of any major project
lso7a. under such section;
(3) the funds appropriated for fiscal year 1986 pursuant to
section 21(aXl) of the Urban Mass Transportation Act of 1964,
49 USC app. as amended, to carry out section 18 of such Act to contract with
1614. any person to oversee the construction of any major project
under such section;
(4) the funds appropriated for fiscal year 1986 pursuant to
49 usC app. section 4(g) of the Urban Mass Transportation Act of 1964, as
1so3. amended, to contract with any person to oversee the construc-
tion of any major public transportation project substituted for
an Interstate segment withdrawn under section 103(ex4) of title
23, United States Code; and
(5) the funds appropriated for fiscal year 1986 pursuant to the
s3 stat. 320. National Capital Transportation Act of 1969 to contract with
any person to oversee the construction of any major project
under such Act.
(b) Any contract entered into under subsection (a) shall provide for
the payment by the Secretary of Transportation of 100 percent of
the cost of carrying out the contract.
Effective date. (c) This section shall take effect on October 1, 1985, and shall cease
to be in effect at the close of September 30,1986.
Bridges. SEC. 324. (a) GENERAL RULE.-Tolls collected for motor vehicles on
Motor vehicles. any bridge connecting the borough of Brooklyn, New York, and
New York. Staten Island, New York, shall only be collected for those vehicles
exiting from such bridge in Staten Island.
(b) ENFORCEMENT.-The Secretary shall withhold 1 percent of the
amount required to be apportioned to the State of New York under
sections 104 and 144 of title 23, United States Code, on the first day
of the fiscal year succeeding any fiscal year in which tolls collected
for motor vehicles on the bridge referred to in subsection (a) are
collected for those vehicles exiting from such bridge in the borough
of Brooklyn.
Federal (C) PERIOD OF APPLICABILITY.-Th1S section shall apply on and after
Register, the 90th day following the date of enactment of this section, except
publication. that this section shall not apply after the date on which the Sec-
retary publishes in the Federal Register a determination under
subsection (d).
(d) REMOVAL OF LIMITATION.-
(1) DETERMINATION OF SECRETARY.-SubsectiOri3 (a) and (b)
shall cease to be in effect if, upon petition by the Governor of
New York under paragraph (2), the Secretary determines that-
(A) asubstantial loss of revenues has resulted from the
limitation imposed by subsection (a), or
(B) such limitation has resulted in significant traffic
problems,
and the Secretary publishes such determination in the Federal
Register.
(2) PETITION.-The Governor of New York may petition the
Secretary for a determination under paragraph (1) at any time
after a period of six consecutive months in which tolls collected
for motor vehicles on the bridge referred to in subsection (a)
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have been collected only for those vehicles exiting from such
bridge in Staten Island.
SEC. 325. Notwithstanding section 127 of title 23, United States Wyoming.
Code, the State of Wyoming may conduct a demonstration project Highways.
for a period not to exceed two years in order to determine the effects
on the National System of Interstate and Defense Highways located
in Wyoming of the use of such highways 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.
SEC. 326. Section 18(e) of the Urban Mass Transportation Act of 4s usC app.
1964 is amended by adding at the end thereof the following: "For the 1s14.
purpose of this subsection, the term `Federal funds or revenues' does
not include funds received by a recipient of funds under this section
pursuant to a service agreement with a State or local social service
agency or a private social service organization.".
SEC. 327. Section 119(d), 23 U.S.C. is amended by adding at the end Highways.
of such section: "Notwithstanding any other provision of law, and
for the purposes of this subsection, the phrase `segments of the
interstate system open to traffic' shall include a proposed four-lane,
limited access highway, 6.4 miles in length, the construction of
which will relocate to a southern alignment a portion of an existing
interstate highway which was originally built without the aid of
funds authorized by section 108(b) of the Federal-Aid Highway Act
of 1956, as amended, and which connects to the east with an 23 USC 101 note.
interstate highway on which tolls are charged. The construction of
the proposed highway shall include a bridge over the Monongahela
River.".
SEC. 328. (a) Title XI of the Federal Aviation Act of 1958 (49 App.
U.S.C. 1501 et seq.) is amended by adding at the end thereof the
following:
"AERONAUTICAL CHARTS AND MAPS
"SEC. 1118. Notwithstanding the provisions of section 1341 of title
31, United States Code, or any other provision of law, the United
States Government shall enter into agreements to indemnify any
person who publishes a chart or map for use in aeronautics from any
claim, or portion of a claim, which arises out of such person's
depiction on such chart or map of any defective or deficient flight
procedure or airway, if such flight procedure or airway was-
"(1) promulgated by the Federal Aviation Administration;
"(2) accurately depicted on such chart or map; and
"(3) not obviously defective or deficient.".
(b) The table of contents of the Federal Aviation Act of 1958 is
amended by inserting immediately after the item relating to section
1117 the following:
"Sec. 1118. Aeronautical charts and maps.".
SEC. 329. Notwithstanding section 108(b) of the Federal-Aid High-
way Act of 1956, sums appropriated to the State of New York under
23 U.S.C. 104(bx5XA) during the fiscal year ending September 30,
1986, may be obligated for Interstate construction projects under
section 108(b) of the Federal-Aid Highway Act of 1956 or for Inter-
state substitute highway projects under 23 U.S.C. 103(eX4): Provided,
That the withdrawal value for New York under 23 U.S.C. 103(ex4)
shall be reduced by the amounts obligated hereunder for Interstate
highway substitute projects. The federal share of the cost to com-
plete any such Interstate substitute highway projects to which this
Claims.
49 USC app.
1519.
New York.
Highways.
23 USC 101 note.
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99 STAT. 1290 PUBLIC LAW 99-190-DEC. 19, 1985
provision applies shall be 85 per centum. In carrying out this
provision the State of New York and the Secretary of Transpor-
tation shall assign highest priority to the completion of Interstate
Expiration date. construction projects. This section shall expire on October 1, 1986.
Prohibitions. SEC. 330. Notwithstanding any other provision of law, none of the
Michigan. funds in this Act shall be available for the construction of the
Central Automated Transit System (Downtown People Mover) in
Detroit, Michigan: Provided, That the immediately preceding provi-
sion shall not apply to $10,000,000 apportioned to the Detroit
Department of Transportation.
SEC. 331. The Congress disapproves the proposed deferral D86-21,
pertaining to the Urban Mass Transportation Administration, as set
forth in the message of October 1, 1985, which was transmitted to
the Congress by the President. This disapproval shall be effective
upon enactment into law of this Act and the amount of the proposed
deferral disapproved herein shall be made available for obligation.
SEC. 332. Section 201 of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 711) is amended-
(1) in the first sentence of paragraph (2) of subsection (d) by
inserting "freight" before "railroad"; and
(2) in the first sentence of subsection (e) by striking out "1985"
and inserting in lieu thereof "1987".
Maine. SEC. 333. The Act approved July 28,1937 (50 Stat. 535), is amended
New Hampshire. by striking out in the first paragraph thereof, "and approaches
thereto" and by inserting at the end thereof "The States of Maine
and New Hampshire are authorized to assume all construction,
maintenance, and operational authority over the approach roads
and grade separation. stuctures in their respective areas. As pro-
vided in Maine Private and Special Law, Chapter 38, 1985, and New
Hampshire Statutes, Chapter 415, 1985, the respective States shall
require the Authority to provide Authority funds for capital
improvements.".
SEC. 334. Notwithstanding any other provision of law, the first
sentence of section 125(b) of title 23, United States Code, is amended
by inserting after '`$30,000,000" the following: "($55,000,000 for
projects in connection with disasters or failures occurring in cal-
endar year 1985)".
Federal SEC. 335. Notwithstanding any other provision of law or regula-
Register, tion, the Secretary of Transportation shall, within 30 days after
publication. enactment of this section, issue in the Federal Register a Notice of
Florida. Intent t0 prepare an environmental impact statement for the
construction of the north and south legs of the downtown component
of metrorail in Dade County, Florida: Provided, That the absence of
a federally-approved environmental impact statement for this
project shall not preclude or delay the negotiations required under
section 320 of this Act.
This Act may be cited as the "Department of Transportation and
Related Agencies Appropriations Act, 1986".
(f) Such amounts as may be necessary for programs, projects, or
activities provided for in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropria-
Ante, p. iio2. tions Act, 1986 (H.R. 3424), to the extent and in the manner provided
for in the conference report and joint explanatory statement of the
committee of conference in the form in which that conference report
was adopted by the House of Representatives on December 5, 1985,
as if enacted into law, and that report shall be considered to include
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1291
Senate Amendment Numbered 188 as amended by the House of
Representatives.
(g) For the purposes of Sec. 252(aX6xDxixII) of Public Law 99-177, Ante, p. 1072.
the section of the Statement of the Managers entitled "Definition of
Program, Project, and Activity as provided by Public Law 99-177,
the Balanced Budget and Emergency Deficit Control Act of 1985"
shall be considered to be the reports filed by the Committees on
Appropriations for the purpose of defining "Program, Project, and
Activity".
(h) Such amounts as may be necessary for programs, projects, or
activities provided for in the Treasury, Postal Service, and General
Government Appropriations Act, 1986 (H.R. 3036), to the extent and
in the manner provided for in the conference report and joint
explanatory statement of the committee of conference (House
Report 99-349) as passed by the House of Representatives and the
Senate on November 7, 1985, as if enacted into law except that such
conference report shall be considered as not including Senate
Amendment Numbered 83 as amended by the Conferees: Provided,
That appropriations made by this joint resolution for the following
accounts shall not exceed: $1,065,000,000 for "Internal Revenue
Service, processing tax returns"; $1,419,451,000 for "Internal Reve-
nue Service, examinations and appeals"; and $748,000,000 for "Pay-
ment to the Postal Service Funds '.
(i) Such amounts as may be necessary for projects or activities
provided for in the Foreign Assistance and Related Programs Appro-
priations Act, 1986, at a rate for operations and to the extent in the Post, p. 1315.
following Act; this subsection shall be effective as if it had been
enacted into law as the regular appropriation Act:
AN ACT
Making appropriations for foreign assistance and related programs for the fiscal year
ending September 30, 1986, and for other purposes, namely:
TITLE I-MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT
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 increase in capital stock,
$109,720,549 for the General Capital Increase, as authorized by
section 39 of the Bretton Woods Agreements Act, as amended
(Public Law 79-171), to remain available until expended: Provided, 22 USC 2sse-1h.
That no such payment may be made while the United States
Executive Director to the Bank is compensated by the Bank at a
rate in excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section 5315 of
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99 STAT. 1292 PUBLIC LAW 99-190-DEC. 19, 1985
title 5, United States Code, or while the alternate United States
Executive Director to the Bank is compensated by the Bank at a
rate in excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section 5316 of
title 5, United States Code.
The United States Governor of the International Bank for Re-
construction 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
$1,353,220,096.
For payment to the International Development Association by the
Secretary of the Treasury, $700,000,000, for the second installment
of the United States contribution to the seventh replenishment, to
remain available until expended: Provided, That no such payment
may be made while the United States Executive Director to the
International Bank for Reconstruction and Development is com-
pensated by the Bank at a rate in excess of the rate provided for an
individual occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while the
alternate United States Executive Director to the Bank is com-
pensated by the Bank at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
For payment to the Special Facility for SubSaharan Africa by the
Secretary of the Treasury, $75,000,000, to remain available until
expended: Prouidea~ That funds made available under this heading
shall be paid to the Special Facility for Sub$aharan Africa no later
than December 31,1985.
For payment to the International Finance Corporation by the
Secretary of the Treasury, $29,077,390, for the United States share
of the increase in subscriptions to capital stock, to remain available
until expended.
For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of the increase
in the resources of the Fund for Special Operations, $40,000,000, to
remain available until expended; and $38,000,983 for the United
States share of the increase in paid-in ca ital stock to remain
available until expended; and $11,700,000 for the United States
share of the capital stock of the Inter-American Investment Cor-
poration to remain available until expended: Proaided, That no such
payment may be made while the United States Executive Director
for the Bank is compensated by the Bank at a rate in excess of the
rate provided for an individual occupying a position at level IV of
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1293
the Executive Schedule under section 5315 of title 5, United States
Code, or while the alternate United States Executive Director for
the Bank is compensated by the Bank at a rate in excess of the rate
provided for an individual occupying a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
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 increase in capital
stock in an amount not to exceed $1,230,964,704.
For payment to the Asian 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, $11,909,408 to remain avail-
able until expended; and for the United States contribution to the
increases in resources of the Asian Development Fund, as au-
thorized by the Asian Development Bank Act, as amended (Public
Law 89-369), $100,000,000 to remain available until expended: Pro- 22 use 2ss note.
aided, That none of the funds provided by the United States to the
Asian Development Bank may be made available if the Republic of
China (Taiwan) is denied any of the rights and privileges of full
membership in the Asian Development Bank: Provided further,
That no such payment may be made while the United States
Director of the Bank is compensated by the Bank 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
occupying 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 the Bank is compensated by the Bank in
excess of the rate provided for an individual occupying a position at
level V of the Executive Schedule under section 5316 of title 5,
United States Code.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital por-
tion of the United States share of such increase in capital stock in
an amount not to exceed $226,230,498.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For payment to the African Development Fund by the Secretary
of the Treasury, $62,250,000, for the United States contribution to
the fourth replenishment of the African Development Fund, to
remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury, for the paid-in share rtion of the United States
share of the increase in capital stock, 6,188,910, to remain avail-
able until expended: Provided, That no such payment may be made
while the United States Executive Director to the Bank is com-
pensated by the Bank at a rate in excess of the rate provided for an
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99 STAT. 1294 PUBLIC LAW 99-190-DEC. 19, 1985
individual occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while the
alternate United States Executive Director to the Bank is com-
pensated by the Bank at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
The United States Governor 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 $48,564,032.
22 USC 284q
note, 284q,
286e-1j, 290g-13,
282j.
(a) Titles I, II, and III of H.R. 2253 as reported on May 15,1985 and
section 3 of H.R. 1948 as introduced April 3, 1985, are hereby
enacted.
(b) Section 102 of H.J. Res. 465 shall not apply with respect to the
provisions enacted by this paragraph.
For necessary expenses to carry out the provisions of sections 301
22 USC 2221, and 103(8) of the Foreign Assistance Act of 1961, and of section 2 of
Ante, p. 270. the United Nations Environment Program Participation Act of
1983, $277,922,475: Provided, That no funds shall be available for the
United Nations Fund for Science and Techology: Provided further,
That the total amount of funds made available by this paragraph
shall be available only as follows: $148,500,000 for the United Na-
tions Development Program; $48,150,000 for the United Nations
Children's Fund; $1,900,000 for the World Food Program; $900,000
for the United Nations Capital Development Fund; $250,000 for the
United Nations Voluntary Fund for the Decade for Women;
$1,282,500 for the International Convention and Scientific Organiza-
tion Contributions; $1,800,000 for the World Meteorological
Organization Voluntary Cooperation Program; $17,715,000 for the
International Atomic Energy Agency; $9,000,000 for the United
Nations Environment Program; $900,000 for the United Nations
Educational and Training Program for South Africa; $1,429,975 for
the United Nations Development Program Trust Fund to Combat
Poverty and Hunger in Africa; $225,000 for the United Nations
Institute for Namibia; $180,000 for the Convention on International
Trade in Endangered Species; $250,000 for the World Heritage Fund;
$90,000 for the United Nations Voluntary Fund for Victims of
Torture; $225,000 for the United Nations Fellowship Program;
$400,000 for the Center on Human Settlements; $14,725,000 for the
Organization of American States; and $30,000,000 for the Inter-
national Fund for Agricultural Development (except that the funds
provided by this paragraph for the International Fund for Agricul-
tural Development shall not be made available to such organization
until a budget request has been received by the Congress and the
United States has entered into an agreement to participate in the
second replenishment of the organization and, notwithstanding sec-
22 USC 2261, tions 451, 492(b), or 614 of the Foreign Assistance Act of 1961, or any
2292a, other provision of law, such funds may be made available only for
Ante, p. 206.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1295
the second replenishment of the International Fund for Agricultural
Development, except that to the extent that these funds cannot be so
utilized, they shall revert to the Treasury as miscellaneous receipts).
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other 22 use 2151
purposes, to remain available until September 30, 1986, unless note.
otherwise specified herein, as follows:
Agriculture, rural development and nutrition, Development
Assistance: For necessary expenses to carry out the provisions of
section 103, $699,995,900: Provided, That not less than $5,000,000 22 USC 2151 a.
shall be provided for new development projects of private entities
and cooperatives utilizing surplus dairy products: Provided further,
That not less than $8,000,000 shall be provided for the Vitamin A
Deficiency Program.
Population, Development Assistance: For necessary expenses to
carry out the provisions of section 104(6), $250,000,000: Provided, 22 USC 21516.
That none of the funds made available in this Act nor any unobli-
gated 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 nothing in this subsec-
tion shall be construed to alter any existing statutory prohibitions
against abortion under section 104 of the. Foreign Assistance Act.
Health, Development Assistance: For necessary expenses to carry
out the provisions of section 104(c), $200,824,200: Provided, That not
less than $12,500,000 shall be provided for child survival programs
and activities.
Child Survival Fund: For necessary expenses to carry out the
provisions of section 104(cX2), $25,000,000.
Education and human resources development, Development
Assistance: For necessary expenses to carry out the provisions of
section 105, $169,949,700: Provided, That of this amount not less Ante, p. 279.
than $4,000,000 shall be made available only for the International
Student Exchange Program.
Energy and selected development activities, Development Assist-
ance: For necessary expenses to carry out the provisions of section
106, $174,358,930: Provided, That not less than $5,000,000 shall be 22 USC 2151d.
made available only for cooperative projects among the United
States, Israel and developing countries: Provided further, That up to
$2,280,000 may be made available for hybrid pop ar energy farming
in Nepal: Provided further, That up to $1,200,000 may be made
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99 STAT. 1296 PUBLIC LAW 99-190-DEC. 19, 1985
available for the establishment of a land use management system in
Costa Rica if requested by the Government of Costa Rica.
Central America Development Assistance: Of the funds appro-
22 Usc 2151x- priated to carry out the provisions of sections 103 through 106, not
2151d. more than $250,000,000 shall be available for Central America
except as provided through the regular notification process of the
Committees on Appropriations.
22 USC 2151u Private and Voluntary Organizations: None of the funds appro-
note. priated or otherwise made available in this Act for development
assistance may be made available after January 1, 1986, to any
United States private and voluntary organization, except any co-
operative development organization, which obtains less than 20 per
centum of its total annual funding for international activities from
sources other than the United States Government: Provided, That
the requirements of the provisions of section 123(8) of the Foreign
22 Usc 2151u. Assistance Act of 1961 and the provisions on private and voluntary
organizations in Title II of the "Foreign Assistance and Related
Programs Appropriations Act, 1985" (as enacted in Public Law 98-
9s stat.lsg7. 473) shall be superseded by the provisions of this section.
Science and technology, Development Assistance: For necessary
22 USC 2151x. expenses to carry out the provisions of section 106, $10,790,000.
Private sector revolving fund: For necessary expenses to carry out
22 use 2151f. the provisions of section 108 of the Foreign Assistance Act of 1961,
as amended, not to exceed $18,000,000 to be derived by transfer from
funds appropriated to carry out the provisions of chapter 1 of part I
22 use 2151. of such Act, to remain available until expended. During fiscal year
1986, obligations for assistance from amounts in the revolving fund
account under section 108 shall not exceed $18,000,000.
Loan allocation, Development Assistance: In order to carry out
the provisions of part I, the Administrator of the Agency responsible
for administering such part may furnish loan assistance pursuant to
existing law and on such terms and conditions as he may determine:
Provided, That to the maximum extent practicable, loans to private
sector institutions, from funds made available to carry out the
22 use 2151a- provisions of sections 103 throwgh 106, shall be provided at or near
21514. the prevailing interest rate paid on Treasury obligations of similar
maturity at the time of obligating such funds: Provided further,
That amounts appropriated to carry out the provisions of chapter 1
22 use 2151. of part I which are provided in the form of loans shall remain
available until September 30,1987.
American schools and hospitals abroad: For necessary expenses to
22 use 2174. carry out the provisions of section 214, $35,000,000.
International disaster assistance: For necessary expenses to carry
22 use 2292. out the provisions of section 491, $22,500,000, to remain available
until expended.
Sahel development program: For necessary expenses to carry out
22 use 2151x. the provisions of section 121, $80,500,000, to remain available until
expended: Provided, That no part of such appropriation may be
available to make any contribution of the United States to the Sahel
development program in excess of 10 percent of the total contribu-
tions to such program.
Payment to the Foreign Service Retirement and Disability Fund:
For payment to the "Foreign Service Retirement and Disability
22 USC 3901 Fund", as authorized by the Foreign Service Act of 1980,
note. $43,122,000.
Operating expenses of the Agency for International Development:
22 Usc 2427. For necessary expenses to carry out the provisions of section 667,
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1297
$376,350,000: Provided, That not more than $20,000,000 of this
amount shall be for Foreign Affairs Administrative Support: Pro-
vided further, That except to the extent that the Administrator of
the Agency for International Development determines otherwise,
not less than 10 r centum of the aggregate of the funds made
available for the fiscal year 1986 to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961 shall be made available only for 22 use 2151.
activities of economically and socially disadvantaged enterprises
(within the meaning of section 133(cX5) of the International Develop-
ment and Food Assistance Act of 1977), historically black colleges 22 Usc 2151
and universities, and private and voluntary organizations which are note.
controlled by individuals who are black Americans, Hispanic Ameri-
cans, or Native Americans, or who are economically and socially
disadvantaged (within the meaning of section 133(cx5) (B) and (C) of
the International Development and Food Assistance Act of 1977).
For purposes of this section, economically and socially disadvan-
taged individuals shall be deemed to include women: Provided fur-
ther, That not less than $2,500,000 shall be used to carry out the
urposes of section 636(d): Provided further, That not less than 22 use 23ss.
$1,200,000 shall be available for the International Development
Intern Program: Provided further, That none of the funds appro-
priated or made available (other than funds appropriated or made
available by this paragraph) pursuant to this Act for carrying out
the Foreign Assistance Act of 1961, may be used for the operating 22 use 2151
expenses of the Agency for International Development: Provided note.
further, That none of the funds in this Act may be used to relocate
the Regional Inspector General's Office in Cairo to another country:
Provided further, That after February 28, 1986, none of the funds
appropriated by this paragraph shall be available for the operating
expenses of the International Development Cooperation Agency.
Operating expenses of the Agency for International Development
Office of Inspector General: For necessary expenses to carry out the
provisions of section 667, $21,050,000, which sum shall be available
only for the operating expenses of the Office of the Inspector
General notwithstanding sections 451 or 614 of the Foreign Assist-
ance Act of 1961 or any other provision of law: Provided, 22 USC 2261,
That the full-time equivalent staff years for the Office of the Inspec- 2364.
for General for fiscal year 1986 shall not be less than one hundred
and ninety-three: Provided further, That up to three percent of the
amount made available under the paragraph "Operating expenses
of the Agency for International Development" may be transferred to
and merged and consolidated with amounts made available under
this paragraph.
Trade credit insurance program: During the fiscal year 1986, total
commitments to guarantee or insure loans for the "Trade credit
insurance program" shall not exceed $250,000,000 of contingent
liability for loan principal.
Trade and development program: For necessary expenses to carry
out the provisions of section 661, $18,900,000. 22 USC 2421.
Housing and other credit guaranty programs: During the fiscal
year 1986, total commitments to guarantee loans shall not exceed
$152,000,000 of contingent liability for loan principal: Provided, That
the President shall enter into commitments to guarantee such loans
in the full amount provided by this paragraph, subject only to the
availability of qualified applicants for such guarantees.
Economic support fund: For necessary expenses to carry out the
provisions of chapter 4 of part II, $3,700,000,000: Provided, That of 22 use 234x.
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99 STAT. 1298 PUBLIC LAW 99-190-DEC. 19, 1985
the funds appropriated under this paragraph, 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 30 days of enactment of this Act or by October 31, 1985,
whichever is later: Provided further, That not less than $815,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, of which not less than $115,000,000 shall be provided as
a cash transfer in accordance with the provisions of section 202(b) of
Ante, p. 211. Public Law 99-83, and not less than $200,000,000 shall be provided
as a Commodity Import Program: 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 Egyptian-
Israeli peace treaty; and that Egypt and Israel are urged to continue
their efforts to restore a full diplomatic relationship, including
ambassadors, and achieve realization of the Camp David Accords:
Provided further, That not less than $250,000,000 of the funds
appropriated under this paragraph shall be available only for Paki-
stan: Provided further, That any of the funds appropriated under
this paragraph for El Salvador which are placed in the Central
Reserve Bank of El Salvador shall be maintained in a separate
account and not commingled with any other funds, except that such
funds may be obligated and expended notwithstanding provisions of
law, which are inconsistent with the cash transfer nature of this
assistance, or which are referenced in the Joint Explanatory State-
ment of the Committee of Conference accompanying House Joint
Resolution 648(H. Rept. No. 98-1159): Provided further, That pursu-
22 USC 2420. ant to section 660(d) of the Foreign Assistance Act of 1961 up to
$1,000,000 of the funds appropriated under this paragraph shall be
made available to assist the Government of El Salvador's Special
Investigative Unit for the purpose of bringing to justice those
responsible for the murders of United States citizens in El Salvador:
Provided further, That a report of the investigation shall be pro-
vided to the Congress: Provided further, That funds appropriated
under this paragraph for Mozambique may be made available only
for activities in support of the private sector: Provided further, That
of the amounts made available by this paragraph for Mozambique,
$5,000,000 may not be made available until a democratic election
has been held in Mozambique: Provided further, That of the funds
provided under this paragraph only $125,000,000 shall be made
available for the Philippines: Provided further, That of the funds
appropriated or otherwise made available under this heading,
$15,000,000 shall be made available only for Cyprus (except that any
offshore procurement must meet Agency for International Develop-
ment procurement source and origin regulations): Provided further,
That not less than $15,000,000 of the funds provided under this
paragraph shall be made available only for Ecuador, which sum
shall be disbursed within thirty days of enactment of this Act:
Provided further, That up to $20,000,000 of the funds provided under
this paragraph may be made available to carry out the Administra-
tion of Justice program pursuant to section 534 of the Foreign
22 USC 2346c. Assistance Act of 1961: Provided further, That not less than 35
percent of the funds allocated for the Human Rights Fund for South
Africa shall be made available in accordance with section 802(d) of
Ante, p. 260. Public Law 99-83: Provided further, That the obligation of funds
made available under this paragraph to finance tied aid credits shall
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be subject to the regular notification procedures of the Committees
on Appropriations.
Transfer of funds: Of the unobligated funds remaining from funds
appropriated for the "Economic su port fund" for Lebanon in Public
Law 98-63, $22,850,000 shall ~ transferred as follows: (1) s7 stat. 301.
$12,500,000 to the "Child Survival Fund", (2) $5,350,000 to "Inter-
national Organizations and Programs" for the United Nations Chil-
dren's Fund, and (3) $5,000,000 to "International Narcotics Control":
Provided, That except for such transfers, amounts remaining un-
obligated as of September 30, 1985, from funds appropriated for the
"Economic Support Fund" for Lebanon in Public Law 98-63 shall,
notwithstanding sections 451, 492(b), or 614 of the Foreign Assist-
ance Act of 1961, or any other provision of law, be made available 22 USC 2261,
only for Lebanon: Provided further, That, to the extent that these 2292a, 23x4.
funds cannot be used to provide assistance for Lebanon, they shall
revert to the Treasury as miscellaneous receipts.
Deobligation and rescission of funds: $11,200,000 of the funds
remaining in the "Syria Termination Account" created by Public
Law 98-151 are deobligated and are rescinded: Provided, That the s7 stat. 964.
authority contained in sections 451, 492(b), and 614 of the Foreign
Assistance Act of 1961, or any other provision of law, shall not be
exercised to permit the use of funds remaining in the "Syria Termi-
nation Account" created by Public Law 98-151 for any other pur-
poses than those for which the account was created.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out the provisions of title V of the
International Securlty and Development Cooperation Act of 1980,
Public Law 96-533, and to make such contracts and commitments 22 USC 29oh
without regard to fiscal year limitations, as provided by section note.
9104, title 31, United States Code, $3,872,000.
INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, and to make such 22 USC 290f.
contracts and commitments without regard to fiscal ear limita-
tions, as provided by section 9104, title 31, United Mates Code,
$11,969,000.
OVER3EAS 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 limita-
tions, as provided by section 9104 of title 31, United States Code, as
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99 STAT. 1300 PUBLIC LAW 99-190-DEC. 19, 1985
ma be necessary in ca ng out the program set forth in the
budget for the current fiscal year.
During the fiscal year 1986 and within the resources and author-
ity available, gross obligations for the amount of direct loans shall
not exceed $14,250,000.
During the fiscal year 1986, total commitments to guarantee loans
shall not exceed $142,500,000 of contingent liability for loan
principal.
For expenses necessary to carry out the provisions of the Peace
22 USC 2501 Corps Act (75 Stat. 612), $130,000,000: Provided, That none of the
note. funds appropriated in this paragraph shall be used to pay for
abortions.
22 use 22x1. For necessary expenses to carry out the provisions of section 481,
$57,529,000.
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 Commit-
tee for Migration and the United Nations High Commissioner for
Refugees; salaries and expenses of personnel and dependents as
22 USC 3901 authorized by the Foreign Service Act of 1980, allowances as au-
note. thorized 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; $338,930,000: Provided,
That not less than $12,500,000 shall be available for Soviet, Eastern
European and other refugees resettling in Israel: Provided further,
That these funds shall 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 Hemi-
sphere of any person not having a security clearance based on
reasonable standards to ensure against Communist infiltration in
the Western Hemisphere: Provided further, That no more than
$8,150,396 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 not
more than $2,500,000 of the funds appropriated under this heading
shall be available for the orderly movement of overland Vietnamese
refugees presently located at the Dong Ruk (Site 2) refugee camp in
Thailand to a safe haven either in Thailand or in another location
more directly under the control of the United States where they
may be joined with other Vietnamese refugees: Provided further,
That each of the earmarks contained in section 108 of Public Law
Aare, p. 4os. 99-93 shall be reduced by 1.7 percent.
For necessary expenses to carry out the provisions of chapter 8 of
22 USC 2349aa. part II, $7,420,000.
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For necessary expenses to carry out the provisions of section 551, 22 use 2348.
$34,000,000: Provided, That, notwithstanding sections 451, 492(b), or
614 of the Foreign Assistance Act of 1961, or any other provision of 22 use 22si,
law, these funds may be used only as justified in the Congressional 2292a, 2364.
Presentation Document for fiscal year 1986: Provided further, That,
to the extent that these funds cannot be used to provide for such
assistance, they shall revert to the Treasury as miscellaneous
receipts.
TITLE III-MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
MILITARY ASSISTANCE
For necessary expenses to carry out the provisions of section 503
of the Foreign Assistance Act of 1961, including administrative 22 use 2311.
expenses and purchase of passenger motor vehicles for replacement
only for use outside of the United States, $782,000,000: Provided,
That of the funds made available under this paragraph only
$40,000,000 shall be available for the Philippines: Provided further,
That only $215,000,000 shall be made available for Turkey: Provided
further, That the reports required by section 702 of the Inter-
national Security and Development Cooperation Act of 1985 (Public
Law 99-83) shall also be provided to the Committees on Appropria- Ante, p. 237.
tions: Provided further, That these reports shall supersede the
reporting requirements relating to El Salvador contained in the last
proviso of the paragraph under the heading "Military Assistance"
contained in the joint resolution entitled "a joint resolution making
urgent supplemental appropriations for the fiscal year ending
September 30, 1984, for the Department of Agriculture", approved
July 2, 1984 (Public Law 98-332) and section 533 of the Foreign 98 Stat. 283.
Assistance and Related Programs Appropriations Act, 1985 (as
enacted in Public Law 98-473): Provided further, That not less than 98 stat. 1837.
$40,000,000 of the funds made available under this paragraph shall
be available only for Tunisia.
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541, 22 USC 2347.
$54,489,500.
FOREIGN MILITARY CREDIT 3ALE3
For expenses necessary to enable the President to carry out the
rovisions of section 23 of the Arms Export Control Act, Ante, p. 195.
$5,190,000,000, of which not less than $1,800,000,000 shall be avail-
able only for Israel, not less than $1,300,000,000 shall be available
only for Egypt, and not less than $325,000,000 shall be available only
for Pakistan: Provided, That if the Government of Israel requests
that funds be used for such purposes, up to $150,000,000 of the
amount of credits made available for Israel pursuant to this para-
graph shall be available for research and develo ment in the United
States for the Lavi program, and not less than 300,000,000 shall be
for the procurement in Israel of defense articles and services, includ-
ing research and development, for the Lavi program and other
activities if requested by Israel: Provided further, That during fiscal
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99 STAT. 1302 PUBLIC LAW 99-190-DEC. 19, 1985
year 1986, gross obligations for the principal amount of direct loans,
exclusive of loan guarantee defaults, shall not exceed $5,190,000,000:
Provided further, That of the funds made available under this
paragraph, only $427,852,000 shall be available for Turkey: Provided
further, That of the funds made available under this paragraph,
only $450,000,000 shall be available for Greece: Provided further,
That of the funds provided under this paragraph only $15,000,000
shall be made available for the Philippines: Provided further, That
none of the funds made available under this paragraph shall be
available for Guatemala, unless the President makes the following
certifications to the Congress:
(1) For Fiscal Year 1986, an elected civilian government is in
power in Guatemala and has submitted a formal written re-
quest to the United States for the assistance, sales, or financing
to be provided.
(2) For Fiscal Year 1986, the Government of Guatemala made
demonstrated progress during the preceding year (A) in achiev-
ing control over its military and security forces, (B) toward
eliminating kidnapings and disappearances, forced recruitment
into the civil defense patrols, and other abuses by such forces of
internationally recognized human rights, and (C) in respecting
the internationally recognized human rights of its indigenous
Indian population: Provided further, That not more than
$553,900,000 of the funds made available under this paragraph
shall be available at concessional rates of interest: Provided
further, That all country and funding level changes in requested
concessional financing allocations shall be submitted through
the regular not cation process of the Committees on Appro-
priations: Provided further, That not less than $27,000,000 of
concessional credits shall be provided only for Tunisia.
Not to exceed $325,000,000 may be obligated pursuant to section
22 USC 2795. 51(Cx2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund during fiscal year 1986.
TITLE IV-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,
and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
31 USC 9104. Corporation Control Act, a8 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 anuclear-weapon State as defined in article IX of the
21 UST 483. 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.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1303
During the fiscal year 1986 and within the resources and author-
ity available, gross obligations for the principal amount of direct
loans shall not exceed $1,110,000,000: Provided, That during the
fiscal year 1986, total commitments to guarantee loans shall not
exceed $12,000,000,000 of contingent liability for loan principal.
Not to exceed $18,357,000 (to be computed on an accrual basis)
shall be available during the current fiscal year 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 financ-
ing 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 Bank 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 connec-
tion with the issuance and servicing of guarantees, insurance, and
reinsurance, shall be considered as nonadministrative expenses for
the purposes of this paragraph.
TITLE V-GENERAL PROVISIONS
SEC. 501. None of the funds appropriated in this Act (other than Prohibitions.
funds appropriated for "International organizations and programs") Flood control
shall be used to finance the construction of any new flood control, Reclamation
reclamation, or other water or related land resource project or projects.
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 prin-
ciples, standards and procedures established pursuant to the Water
Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory
or supplementary thereto.
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 for the current fiscal
year shall be obligated during the last month of availability.
SEC. 503. None of the funds appropriated in this Act nor any of the Prohibitions.
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.
SEC. 504. None of the funds appropriated or made available pursu- Prohibitions.
ant to this Act for carrying out the Foreign Assistance Act of 1961, Contracts.
may be used for making payments on any contract for procurement ~~ USC 2151
to which the United States is a party entered into after the date of note.
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99 STAT. 1304 PUBLIC LAW 99-190-DEC. 19, 1985
enactment of this Act which does not contain a provision authoriz-
ing the termination of such contract for the convenience of the
United States.
SEC. 505. None of the funds appropriated or made available pursu-
Prohibitions. ant to this Act for carrying out the Foreign Assistance Act of 1961,
22 USC 2151 may be used t0 pay in whole or in part any assessments, arrearages,
nO~~ or dues of any member of the United Nations.
Prohibitions. 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
22 use z1ss. Assistance Act of 1961.
SEC. 507. Of the funds ap ropriated or made available pursuant to
this Act, not to exceed 110,000 shall be for official residence
expenses of the Agency for International Development during the
current fiscal year: Provided, That appropriate steps be taken to
assure that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars.
SEC. 508.Of the funds appropriated or made available pursuant to
this Act, not to exceed $10,000 shall be for entertainment expenses
of the Agency for International Development during the current
fiscal year.
SEC. 509.Of the funds appropriated or made available pursuant to
this Act, not to exceed $100,000 shall be for representation allow-
ances 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 total funds made available by this Act under the
headings "Military Assistance" and "Foreign Military Credit Sales",
not to exceed $2,500 shall be available for entertainment expenses
and not to exceed $70,000 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 entertain-
ment allowances: Provided further, That of the funds made available
by this Act for the Inter-American Foundation, not to exceed $2,500
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 $4,000 shall be available for
entertainment expenses: Provided further, That of the funds made
available by this Act under the heading "Trade and development
program", not to exceed $2,000 shall be available for representation
and entertainment allowances.
Prohibitions. SEC. 510. None of the funds appropriated or made available (other
Exports. than funds for "International organizations and programs") pursu-
Nuclear non- ant to this Act, for carrying out the Foreign Assistance Act of 1961,
proliferation. ma be used to finance the ex rt of nuclear a ui ment, fuel, or
22 USC 2151 ~' po q p
note. tecilnOlOgy.
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.
Prohibitions. SEC. 512. None of the funds appropriated or otherwise made
Angola. available pursuant to this Act shall be obligated or expended to
Cambodia. finance directly any assistance or reparations to Angola, Cambodia,
i aq ~ Cuba, Iraq, Libya, the Socialist Republic of Vietnam, South Yemen,
Libya. or Syria.
Vietnam.
South Yeman.
Syria.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1305
SEC. 513. None of the funds appropriated or otherwise made Prohibitions.
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected
Head of Government is deposed by military coup or decree.
SEC. 514. None of the funds made available by this Act may be Prohibitions.
obligated under an appropriation account to which they were not
appropriated without the written prior approval of the Appropria-
tions Committees of both Houses of the Congress.
SEC. 515. Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated ai usC i5oi,
against appropriations heretofore made under the authority of the i ios, i 702.
Foreign Assistance Act of 1961 for the same general purpose as any 22 use 2151
of the paragraphs under "Agency for International Development ' note.
a.re, if deobligated, hereby continued available for the same period
as the respective appropriations in such paragraphs for the same
general purpose and for the same country as originally obligated or
for activities in the Andean region: Provided, That the Appropria-
tions Committees of both Houses of the Congress are notified fifteen
days in advance of the deobligation or reobligation of such funds.
SEC. 516. No part of any appropriation contained in this Act shall Proh;bitions.
be used for publicity or propaganda purposes within the United
States not authorized before the date of enactment of this Act by the
Congress.
SEC. 517. No part of any appropriation contained in this Act shall Prohibitions.
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act,
SEC. 518. No part of any appropriation contained in this Act shall Prohibitions.
be used to furnish assistance to any country which is in default Loans.
during a period in excess of one calendar year in payment to the
United States of principal or interest on any loan made to such
country by the United States pursuant to a program for which funds
are appropriated under this Act.
SEC. 519. None of the funds appropriated or made available pursu- Prohibitions.
ant to this Act shall be available to any international financial Banks ana
institution whose United States governor or representative cannot bank'ng.
upon request obtain the amounts and the names of borrowers for al; Loans.
loans of the international financial institution, including loans to
employees of the institution, or the compensation and related bene-
fits of employees of the institution.
SEC. 520. None of the funds appropriated or made available pursu- Proh;bitions.
ant to this Act shall be available to any international financial Banks and
institution whose United States governor or representative cannot banking.
upon request obtain any document developed by the management of
the international financial institution.
SEC. 521. Section 620A(a) of the Foreign Assistance Act of 1961 is 22 use 2s~i.
amended by inserting "the Export-Import Bank Act of 1945," after
"the Peace Corps Act,".
SEC. 522. None of the funds appropriated or made available pursu- Prohib;tions.
ant to this Act for direct assistance and none of the funds otherwise Exports.
made available pursuant to this Act to the Export-Import Bank and Loans.
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 opera-
tive and if the assistance will cause substantial injury to United
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99 STAT. 1306 PUBLIC LAW 99-190-DEC. 19, 1985
States producers of the same, similar, or competing commodity:
Proaided, 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 employment in the United States are likely to
outweigh the injury to United States producers of the same, similar,
or competing commodity.
Banks and SEC. 523. The Secretary of the Treasury shall instruct the United
banking. States Executive Directors of the International Bank for Reconstruc-
22 L'SC 2s2h. tion and Development, the International Development Association,
the International Finance Corporation, the Inter-American Develop-
ment Bank, the International Monetary Fund, the Asian Develop-
ment Bank, the Inter-American Investment Corporation, the Afri-
can 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 of an commodity 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.
Prohibitions. SEC. 524. None of the funds made available wader this Act for
"Agriculture, rural development and nutrition, Development Assist-
ance", "Population, Development Assistance", "Child Survival
Fund", "Health, Development Assistance", "Education and human
resources development, Development Assistance," "Energy and se-
lected development activities, Development Assistance", "Science
and technology, Development Assistance", "International organiza-
tions and programs", "American schools and hospitals abroad",
"Sahel development program", "Trade and development grogram",
"International narcotics central", "Economic support fund ', "Peace-
keeping operations", "Operating expenses of the Agency for Inter-
national Development", "Operating expenses of the Agency for
International, Development Office of Ins~Ctor General ', ` Anti-
terrorism a8818tance?, "Mllltary 8881stance' , "Internatlonal mllltary
education and training", "Foreign military credit sales", "Inter-
American Foundation", "African Development Foundation", "Peace
Corps", or "Migration and refugee assistance", shall be available for
obligation for activities, programs, projects, type of material assist-
ance, ceuntries, or other operation not justified or in eaceas 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 advance.
Contracts. SEC. 525. The expenditure of any appropriation under this Act for
Public an censultu~g service through procurement centract, pursuant to 5
avaiiabiiity. U.S.C. 3109, shall be limited to those centracts where such expendi-
tures are a matter of public recerd and available for public inspec-
tion, except where otherwise provided under existing law, or under
existing Executive order pursuant to existing law.
Prohibitions. SEC. 526. None of the funds appropriated under this Act may be
Abortion. used to lobby for abortion.
SEC. 527. None of the funds appropriated or otherwise made
available under this Act may be available for any ceuntry duri
Prohibitions. any three-month period beginning on or after October 1, 198
Drugs and drug immediately following a certification by the President to the
abuse. Congress that the government of such ceuntry is failing to take
adequate measurce to prevent narcetic drugs or other centrolled
substances (as listed in the schedules in section 202 of the Com-
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prehensive Drug Abuse and Prevention Control Act of 1971 (21
U.S.C. 812)) which are cultivated, produced, or processed illicitly, in 98 stat. 2071.
whole or in part, in such country, or transported through such
country from being sold illegally within the jurisdiction of such
country to the United States Government personnel or their depend-
ents or from entering the United States unlawfully.
SEC. 528. Notwithstanding any other provision of law or this Act, Prohibitions.
none of the funds provided for "International organizations and International
programs" shall be available for the United States' proportionate organizations.
share for any programs for the Palestine Liberation Organization,
the Southwest African Peoples Organization, Libya, Iran, or, at the
discretion of the President, Communist countries listed in section
620(fl of the Foreign Assistance Act of 1961, as amended. Ance, p. 27s.
SEC. 529. (a) Not later than January 31 of each year, or at the time President of u.s.
of the transmittal by the President to the Congress of the annual Reports.
resentation materials on forei 22 USC 2414a.
p gn assistance, whichever is earlier,
the President shall transmit to the Speaker of the House of Rep-
resentatives and the President of the Senate a full and complete
report which assesses, with respect to each foreign country, the
degree of support by the government of each such country during
the preceding twelve-month period for the foreign policy of the
United States. Such report shall include, with respect to each such
country which is a member of the United Nations, information to be
compiled and supplied by the Permanent Representative of the
United States to the United Nations, consisting of a comparison of
the overall voting practices in the principal bodies of the United
Nations during the preceding twelve-month period of such country
and the United States, with special note of the voting and speaking
records of such country on issues of major importance to the United
States in the General Assembly and the Security Council, and shall
also include a report on actions with regard to the United States in
important related documents such as the Non-Aligned Commu-
nique. Afull compilation of the information supplied by the Perma-
nent Representative of the United States to the United Nations for
inclusion in such report shall be provided as an addendum to such
report.
(b) None of the funds appropriated or otherwise made availabie Prohibitions.
pursuant to this Act shall be obligated or expended to finance
directly any assistance to a country which the President finds, based
on the contents of the report required to be transmitted under
subsection (a), is engaged in a consistent pattern of opposition to the
foreign policy of the United States.
SEC. 530. Notwithstanding any other provision of law, Israel may Loans.
utilize any loan which is or was made available under the Arms Israel.
Export Control Act and for which repayment is or was forgiven 22 USC 2751
before utilizing any other loan made available under the Arms note.
Export Control Act.
SEC. 531. In reaffirmation of the 1975 memorandum of agreement Palestine
between the United States and Israel, and in accordance with Liberation
section 1302 of the International Security and Development Organization.
Cooperation Act of 1985 (Public Law 99-83), no employee of or Terrorism.
individual acting on behalf of the United States Government shall Ante, p. 280.
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.
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99 STAT. 1308 PUBLIC LAW 99-190-DEC. 19, 1985
Defense and SEC. 532. The Congress finds that progress on the peace process in
national the Middle East is vitally important to United States security
security. interests in the re 'on. The Con ess rec izes that in fulfillin its
lsraet. obligations under the Treaty of Peace Between the Arab Republg 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 con-
tinue 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.
Prohibitions. SEC. 533. None of the funds made available in this Act shall be
restricted for obligation or disbursement solely as a result of the
policies of any multilateral institution.
Prohibitions. SEC. 534. 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.
Report. SEC. 535. The Secretary of the Treasury and the Secretary of State
are directed to submit to the Committees on Foreign Affairs and the
Committees on Appropriations by February 1, 1986, a report on the
domestic economic policies of those nations receiving economic
assistance, either directl~- or indirectly from the United States
including, where appropriate, an analysis of the foreign assistance
programs conducted by these recipient nations.
Prohibitions. SEC. 536. None of the funds appropriated or otherwise made
Lebanon. available pursuant to this Act for Economic Support Fund" or for
"Foreign Military Credit Sales" shall be obligated or expended for
Lebanon except as provided through the regular notification process
of the Committees on Appropriations.
Jamaica. SEC. 537.Of the funds made available by this Act for Jamaica and
Peru. Peru, not more than 50 per centum of the funds made available for
Drugs and drug each country shall be obligated unless the President determines and
abuse. re its to the Con
po greas that the Governments of these countries are
sufficiently responsive to the United States Government concerns
on drug control and that the added expenditures of the funds for
that country are in the national interest of the United States:
Proaided, That this provision shall not be applicable to funds made
available to carry out section 481 of the Foreign Assistance Act of
Bolivia. 1961: Provided further, That assistance ma be provided to Bolivia
Drugs and drug for Fiscal Year 1986, under chapter 2 (relating to grant military
abuse. ~~~~)~ chapter 4 (relati to the economic su rt fund), and
22 USC 2291. ~ Ppo
22 USC 2311. Chapter 5 (relating to international military education and training)
Ante, p. 210. of part II of the Foreign Assistance Act of 1961, and under chapter 2
22 USC 2347. of the Arms Export Control Act (relating to foreign military sales
22 USC 2761 et financing), only under the following conditions:
seq. For Fiscal Year 1986-
(A) up to 50 percent of the aggregate amount of such assist-
ance allocated for Bolivia may be provided at any time after the
President certifies to the Congress that the Government of
Bolivia has enacted legislation that Will establish its legal coca
requirements, provide for the licensing of the number of hec-
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1309
tares necessary to produce the legal requirement, and make
unlicensed coca production illegal; and
(B) the remaining amount of such assistance may be provided
at any time following a certification pursuant to subparagraph
(A) if the President certifies to the Congress that the Govern-
ment of Bolivia achieved the eradication targets for the cal-
endar year 1985 contained in its 1983 narcotics agreements with
the United States.
SEC. 538. None of the funds available in this Act may be used to
make available to El Salvador any helicopters or other aircraft, and
licenses may not be issued under section 38 of the Arms Export
Control Act for the export to El Salvador of any such aircraft, unless
the Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate are notified at
least fifteen days in advance in accordance with the procedures
applicable to notifications.
SEC. 539. Funds provided in this Act for Guatemala may not be
provided to the Government of Guatemala for use in its rural
resettlement program, except through the regular notification
procedures of the Committees on Appropriations.
SEC. 540. (a) The Secretary of the Treasury shall instruct the
United States Executive Directors of the Multilateral Development
Banks to-
(1) vigorously promote a commitment of these institutions to
add or strengthen professionally trained staff to undertake
environmental review of projects; or have development manage-
ment plans to substantially increase the environmentally
trained staff engaged in review of the ecological impacts of
prospective projects;
(2) vigorously promote changes in these institutions in their
preparation of projects and country programs that will encour-
age staff and borrower countries to-
(A) actively and regularly involve environmental and
health ministers, or comparable representatives, in the
preparation of environmentally sensitive projects and in
bank-supported country program planning and strategy
sessions;
(B) actively and regularly use the resources of available
nongovernmental conservation and indigenous peoples'
organizations, and consistent with international procure-
ment policies, in the preparation of environmentally sen-
sitive projects and in bank-supported country program
planning and strategy sessions;
(3) vigorously promote a commitment of these institutions to
increase the proportion of their lending programs supporting
environmentally beneficial projects and project components,
resource rehabilitation projects and project components, protec-
tion of indigenous peoples, and appropriate or light capital
technology projects. Examples of such projects include small
scale mixed farming and multiple cropping; agroforestry; pro-
grams to promote kitchen gardens; watershed management and
rehabilitation; high yield woodlots; integrated pest management
systems; dune stabilization programs; programs to improve
energy efficiency; energy efficient technologies such as small
scale hydro projects, rural solar energy systems, and rural and
mobil telecommunications systems; and improved efficiency and
management of irrigation systems;
Prohibitions.
Exports.
El Salvador.
Aircraft and air
carriers.
22 USC 2778.
Banks and
banking.
Environmental
protection.
22 USC 262[.
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99 STAT. 1310 PUBLIC LAW 99-190-DEC. 19, 1985
(4) vigorously promote the establishment within the Economic
Development Institute of the World Bank to institute a compo-
nent which provides training in environmental and natural
resource planning and program development;
(5) ensure that there is a thorough evaluation within the U.S.
Government of the potential environmental problems, and the
adequacy of measures to address these problems, associated
with all proposed loans for projects involving large impound-
ments of rivers in tropical countries; penetration roads into
relatively undeveloped areas; and agricultural and rural devel-
opment programs; the potential environmental problems to be
addressed in such evaluations shall include those relating to
deterioration of water quality, siltation, spread of water borne
diseases, forced resettlement, deforestation, threats to the land,
health and culture of indigenous peoples, top soil management,
water logging and salinization in irrigation projects, and pes-
ticide misuse and resistance;
(6) call for, by May 31, 1986, separate and special meetings of
each of the Boards of Executive Directors of these institutions to
discuss their environmental performance, and ways in which
this performance can be improved, including alternative
projects considered and alternative configurations of projects
with specific attention to environmental problems associated
with the following categories of projects: large impoundments of
rivers in tropical countries; penetration roads into relatively
undeveloped areas; agriculture and rural development projects;
and
(7) in preparation for the meetings referred to in clause (6),
the United States Executive Directors of the Multilateral Devel-
opment Banks shall request the preparation of reviews by the
International Bank for Reconstruction and Development and
the Inter-American Development Bank from available informa-
tion, of their environmental performance over the past decade
with respect to the categories of projects referred to in clause
(6); the United States Executive Directors shall request that
these reviews specifically discuss the environmental problems
explicitly referred to in clause (5).
(b) The Secretary of the Treasury shall prepare and submit to the
Committees on Appropriations by March 31, 1986, a report docu-
menting the progress the Multilateral Development Banks have
made in implementing the environmental reform measures de-
scribed in clauses (1) through (4) of subsection (a).
(c) The Secretary of the Treasury and the Secretary of State shall
undertake initiatives, in addition to those described in clause (6) of
subsection (a) to discuss measures to improve the environmental
performance of the Multilateral Development Banks with the rep-
resentatives, and with the ministries from which they receive their
instructions, of other donor nations to these institutions.
(d) In the report of the Secretary of the Treasury required by
subsection (b) regarding the- implementation of staffing measures
suggested in clause (1) of subsection (a), the Secretary of the Treas-
ury shall specifically discuss the International Bank for Reconstruc-
tion and Development's progress in adding environmentally trained
professionals, or in developing and implementing alternative plans
for environmental staffing in each of the Bank's six regional offices
to review projects for their prospective ecological impacts.
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1311
SEC. 541. None of the funds made available to carry out part I of Prohibitions.
the Foreign Assistance Act of 1961, as amended, may be used to pay Abortions.
for the performance of abortions as a method of family planning or 22 USC 2151.
to motivate or coerce any person to practice abortions. None of the
funds made available to carry out part 1 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 steriliza-
tions. 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 steri-
lization 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 organiza-
tion 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
reaffirms its commitments to population, development assistance
and to the need for informed voluntary family planning.
SEC. 542. Not less than $15,000,000 of the aggregate amount of Afghanistan.
funds appropriated by this Act to carry out the provisions of chapter
1 of part I of the Foreign Assistance Act of 1961 and chapter 4 of 22 use 2151.
part II of that Act, shall be available for the provision of food, Ante, p. 210.
medicine, or other humanitarian assistance to the Afghan people,
notwithstanding any other provision of law.
SEC. 543. None of the funds provided in this Act shall be available Prohibitions.
for the Sudan if the President determines that the Sudan is acting Sudan.
in a manner that would endanger the stability of the region, or the
Camp David peace process.
SEC. 544. The President shall make available to the Cambodian President of U.S.
non-communist resistance forces not less than $1,500,000 nor more Cambodia.
than $5,000,000 of the funds appropriated by this Act for "Military
Assistance" and for the "Ecomonic Support Fund", notwithstanding
any other provision of law: Provided, That funds appropriated by
this Act for this purpose shall be obligated in accordance with the
provisions of section 906 of the International Security and Develop-
ment Cooperation Act of 1985 (Public Law 99-83). Ance, p. 2ss.
SEC. 545. (a) SENSE of CONGRESS.-It is the sense of Congress that Jordan.
no foreign military sales financing appropriated by this Act maybe A r~ aft and air
used to finance the procurement by Jordan of United States carriers.
advanced aircraft, new air defense weapons systems, or other new Israel.
advanced military weapons systems, and no notification maybe Ante, p. 2os.
made pursuant to section 36(b) of the Arms Export Control Act with
respect to a proposed sale to Jordan of United States advanced
aircraft, new air defense systems, or other new advanced military
weapons systems, unless Jordan is publicly committed to the rec-
ognition of Israel and to negotiate promptly and directly with Israel
under the basic tenets of United Nations Security Council Resolu-
tions 242 and 338.
(b) CERTIFICATION.-Any notification made pursuant to section
36(b) of the Arms Export Control Act with respect to a proposed sale
to Jordan of United States advanced aircraft, new air defense
systems or other new advanced military weapons, must be accom-
panied by a Presidential certification of Jordan's public commit-
ment to the recognition of Israel and to negotiate promptly and
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99 STAT. 1312 PUBLIC LAW 99-190-DEC. 19, 1985
directly with Israel under the basic tenets of United Nations Secu-
rit Council Resolutions 242 and 338.
Prohibitions. ~EC. 546. 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 docu-
ment, file, or record necessary to the auditing requirements of the
Agency for International Development.
Prohibitions. SEC. 547. Of the amounts made available by this Act for military
Ei salvador. assistance and financing for El Salvador under chapters 2 and 5 of
22 USC 2311, part II of the Foreign Assistance Act of 1961 and under the Arms
2347. Export Control Act, $5,000,000 may not be expended until the
22 USC 2751 president re its folio the conclusion of the A is rocess in
note. the Case of Captain Avilantgo the Committees on Appr opri pit ons that
Michael the Government of El Salvador has (1) substantially concluded all
Hammer. investigative action with respect to those responsible for the Janu-
Mark Pearlman. a 1981 deaths of the two United States land reform consultants
Jose Rodolfo ~'
viers. Michael Hammer and Mark Pearlman and the Salvadoran Land
Reform Institute Director Jose Rodolfo Viers, and (2) pursued all
legal avenues to bring to trial and obtain a verdict of those who
ordered and carried out the January 1981 murders.
SEC. 548. It is the sense of the Congress that all~oountries receiving
United States foreign assistance under the Economic Support
Fund", "Foreign Military Credit Sales", "Military Assistance' pro-
gram, "International Military Education and Training", Agricul-
tural Trade Development and Assistance Act of 1954 (Public Law
~ use issi note. 480) development assistance programs, or trade promotion programs
should fully cooperate with the international refugee assistance
organizations, the United States, and other governments in facilitat-
ing lasting solutions to refugee situations. Further, where resettle-
ment to other countries is the appropriate solution, such resettle-
ment should be expedited in cooperation with the country of asylum
without respect to race, sex, religion, or national origin.
Jordan. SEC. 549. Any joint resolution introduced on or after February 1,
Weapons. 1986, which states that the Congress objects to the proposed sale to
Aircraft and air Jordan of advanced wea ns s toms, includin advanced aircraft
carriers. and advanced air defense systems (submitted gto the Congress on
October 21, 1985), shall be considered in the Senate in accordance
with the provisions of section 601(b) of the International Security
so stat. 7s5. Assistance and Arms Export Control Act of 1976.
SEC. 550. (a) The Congress finds that-
Children and (1) the United Nations Children's Fund (UNICEF) reports
youth. that four million children die annually because they have not
been immunized against the six major childhood diseases: polio,
measles, whooping Dough, diphtheria, tetanus, and tuberculosis;
(2) at present less than 20 percent of children in the develop-
ing world are fully immunized against these diseases;
(3) each year more than five million additional children are
permanently disabled and suffer diminished capacities to
contribute to the economic, social, and political development of
their countries because they have not been immunized;
(4) ten million additional childhood deaths from immunizable
and potentially immunizable diseases could be averted annually
by the development of techniques in biotechnology for new and
cost~ffective vaccines;
(5) the World Health Assembly, the Executive Board of the
United Nations Children's Fund, and the United Nations Gen-
eral Assembly are calling upon the nations of the world to
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1313
commit the resources necessary to meet the challenge of univer-
sal access to childhood immunization by 1990;
(6) the United States, through the Centers for Disease Control
and the Agency for International Development, joined in a
global effort by providing political and technical leadership that
made possible the eradication of smallpox during the 1970'x;
(7) the development of national immunization systems that
can both be sustained and also serve as a model for a wide range
of primary health care actions is a desired outcome of our
foreign assistance policy;
(8) the United States Centers for Disease Control
headquartered in Atlanta is uniquely qual~ed to provide tech-
nical assistance for a worldwide immunization and eradication
effort and is universally respected;
(9) at the 1984 Bellagio Conference it was determined that the
goal of universal childhood immunization by 1990 is indeed
achievable;
(10) the Congress, through authorizations and appropriations
for international health research and primary health care
activities and the establishment of the Child Survival Fund, has
played a vital role in providing for the well-being of the world's
children;
(11) the Congress has expressed its expectation that the
Agency for International Development will set as a goal the
immunization by 1990 of at least 80 percent of all the children
in those countries in which the Agency has a program; and
(12) the United States private sector and public at large have
responded generously to appeals for support for national
immunization campaigns in developing countries.
(bXl) The Congress calla upon the President to direct the Agency
for International Development, working through the Centers for
Disease Control and other appropriate Federal agencies, to work in
a global effort to provide enhanced support toward achieving the
goal of universal access to childhood immunization by 1990 by-
(A) assisting in the delivery, distribution, and use of vaccines,
including-
(i) the building of locally sustainable systems and tech-
nical capacities in developing countries to reach, by the
appropriate age, not less than 80 per centum of their
annually projected target population with the full schedule
of required immunizations, and
(ii) the development of a sufficient network of indigenous
professionals and institutions with responsibility for devel-
oping, monitoring, and assessing immunization programs
and continually adapting strategies to reach the goal of
preventing immunizable diseases; and
(B) performing, supporting, and encouraging research and
development activities, both in the public and private sector,
that will be targeted at developing new vaccines and at modify-
ing and improving existing vaccines to make them more appro-
priate for use in developing countries.
(2) In support of this global effort, the President should appeal to
the people of the United States and the United States private sector
to support public and private efforts to provide the resources nec-
essary to achieve universal access to childhood immunization by
1990.
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99 STAT. 1314 PUBLIC LAW 99-190-DEC. 19, 1985
Sec. 551. The foreign debt burdens of many Third World nations
have contributed to their economic decline and inability to engage
in a significant economic recovery;
Loans. The United States foreign military assistance loan programs,
which have had very high interest rates in past years, have contrib-
uted to the security of our friends and allies, but also have played a
contributing role in adding to the debt burdens of many of our
friends and allies;
United States foreign aid has, among its major ob'ectives, the
enhancement of the military and economic security ofd our friends
and allies and our own security;
A foreign assistance program which adds significantly to the debt
burdens of our friends and allies by forcing the weaker of those
nations to use funds which could be used for development for
repayment of loans impairs their economic development unneces-
sarily and is not in either their or our interest;
The past few years have seen several positive legislative steps
taken to alleviate the FMS loan-related debt burdens of our friends
and allies by reducing interest rates, stretching out the repayment
period of these loans, and by increasing the level of MAP grants and
forgiven FMS credits;
These steps have helped to ease these problems in the short term,
but the long-term debt servicing problems of our friends and allies
remain;
It would be in the best interests of our friends and allies to
alleviate their debt burdens brought about by past loans and to
bring about a more streamlined and straightforward approach
to their programs in this area;
Such streamlined, straightforward programs would make it easier
to develop country programs and would ease current pressures on
the United States to grant to aid recipients the most favorable terms
on their military loan programs: Now therefore
(1) it is the sense of the Congress that a more simplified,
streamlined, straightforward foreign military assistance pro-
gram is in the national interest and in the interest of the
military and economic security of our friends and allies
throughout the world;
(2) that greater concessionality only to match economic need
as appropriate should be incorporated into future military
assistance programs;
(3) that FMS loan programs extending the repayment period
beyond the useful life of the items to be purchased could tend to
increase the long-term debt burdens of our friends and allies;
(4) that the FMS concessional loan program contains a signifi-
cant grant element to the recipient nation and that the Con-
gress should actively consider replacing this program with a
more straightforward approach;
(5) the President is urged to propose, in the next formal
Congressional Presentation for Security Assistance Programs,
reforms and refinements in the foreign military assistance pro-
grams along these lines for consideration by the appropriate
committees of the Congress.
President of U.s. SEC. 552. (a) Notwithstanding any other provision of law, the
Afghanistan. President is authorized-
19 USC 2434 (1) to deny nondiscriminatory (most-favored-nation) trade
note. treatment to the products of Afghanistan and thereby cause
such products to be subject to the rate of duty set forth in
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PUBLIC LAW 99-190-DEC. 19, 1985 99 STAT. 1315
column number 2 of the Tariff Schedules of the United States,
and
(2) to deny credit, credit guarantees, and investment guaran-
tees to, or for the benefit of, Afghanistan under any Federal
program.
(b) If the President has not denied nondiscriminatory trade treat-
ment to the products of Afghanistan before the date that is 45 days
after the date of enactment of this joint resolution, the President
shall submit to the Congress on such date.
This subsection may be cited as the "Foreign Assistance and
Related Programs Appropriations Act, 1986".
(j) Such amounts as may be necessary for continuing the following
activities, not otherwise provided for in this joint resolution, which
were conducted in the fiscal year 1985, under the terms and condi-
tions provided in applicable appropriations Acts for the fiscal year
1985, at the current rate: Provided; That no appropriation or fund
made available or authority granted pursuant to this subsection
shall be used to initiate or resume any project or activity for which
appropriations, funds, or authority were not available during fiscal
year 1985:
Activities under sections 236, 237, and 238 of the Trade Act of
1974;
Activities under the Public Health Service Act;
Refugee and entrant assistance activities under the provisions
of title N of the Immigration and Nationality Act including
$50,000,000 for targeted assistance grants and $4,000,000 for
voluntary agency matching grants; title N and part B of title
III of the Refugee Act of 1980; and sections 501 (a) and (b) of the
Refugee Education Assistance Act of 1980;
Foster care and adoption assistance activities under title
N-E of the Social Security Act under the terms and conditions
established by sections 474(b) and 474(c) of that Act, and sections
102(axl) and 102(c) of Public Law 96-272: Providecis That, for the
purpose of giving effect to this paragraph, references in such
sections to fiscal year 1985 are deemed to be references to fiscal
year 1986; and
Minority science improvement activities under section 528(3)
of the Omnibus Budget Reconciliation Act of 1981.
SEC. 102. Unless otherwise provided for in this joint resolution or
in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this joint resolution
shall be available from December 13, 1985, and shall remain avail-
able until (a) enactment into law of an appropriation for any project
or activity provided for in this joint resolution, or (b) enactment of
the applicable appropriations Act by both Houses without any
provision for such project or activity, or (c) September 30, 1986,
whichever first occurs.
SBC. 103. Appropriations made and authority granted pursuant to
this joint resolution shall cover all obligations or expenditures
incurred for any program, project, or activity during the period for
which funds or authority for such project or activity are available
under this joint resolution.
SEC. 104. Expenditures made pursuant to this joint resolution
shall be charged to the applicable appropriation, fund, or authoriza-
tion whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Foreign
Assistance
and Related
Programs
Appropriations
Act, 1986.
19 USC 2296-
2298.
42 USC 201 note.
8 use uos.
8 USC 1521,
1525.
8 USC 1522 note.
42 USC 670.
42 USC 674.
42 USC 672 note.
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99 STAT. 1316 PUBLIC LAW 99-190-DEC. 19, 1985
SEC. 105. Title I, Chapter I of the Act of August 15, 1985 (Public
Ante, P. 293. Law 99-88), is amended by deleting, under the heading "Cooperative
State Research Service," that portion of the land description dealing
with lands to be conveyed to the Sierra Blanca Airport Commission
that reads "RIDE" and substituting in lieu thereof "RI5E".
SEC. 106. Notwithstanding any other provision of this joint resolu-
tion, and in addition to amounts appropriated elsewhere, there are
appropriated $40,000,000, to remain available until expended, for
"Watershed and Flood Prevention Operations" for emergency meas-
ures as provided in sections 401 and 403-405 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201 and 2203-2205).
Banks and SEC. 107. Notwithstanding any other provision of this joint resolu-
banking. tiori, not to exceed an additional $9,549,000 (from assessments col-
lected from farm credit system banks) shall be obligated during the
current fiscal year for administrative expenses, as authorized under
12 use 22~s. 12 U.S.C 2249: Provided, That hereafter the Comptroller General or
his duly authorized representatives shall have access to and the
right to examine all books, documents, papers, records, or other
recorded information within the possession or control of the Federal
land banks and Federal land bank associations, Federal intermedi-
ate credit banks and production credit associations and banks for
cooperatives.
SEC. 108. (a) Notwithstanding any provision of title I of the Local
Public Works Capital Development and Investment Act of 1976, as
42 USC s7o1 amended (Public Law 94-369) or any other provision of law, any
note. funds authorized and appropriated under title I of such Act, as
New York. amended, in any fiscal year for projects in: (1) New York, New York
but currently obligated and not disbursed, shall be obligated and
expended during fiscal years 1986 and 1987 for any authorized
project in New York, New York under title I of such Act, as
amended or for any authorized project in New York, New York
under title I of the Public Works and Economic Development Act of
New Jersey. 1965, as amended; (2) New Jersey but currently obligated and not
42 use 3I3I. disbursed, shall be obligated and expended during fiscal years 1986
and 1987 for the rehabilitation and renovation of Buildings 1002,
1006 and such other structures at Camp Kilmer, Edison, New Jersey
as may be agreed upon between Middlesex County and the Depart-
ment of Defense for use as a shelter for the homeless in Middlesex
California. COUnty, New Jersey; (3) California but currently obligated and not
disbursed, shall be obligated and expended during fiscal years 1986
and 1987 for infrastructure projects and economic development
activities at the site of the abandoned General Motors plant in the
Alabama. city of South Gate, California; (4) Alabama but currently obligated
and not disbursed, shall be obligated and expended during fiscal
years 1986 and 1987 for infrastructure projects and related economic
development activities for the Jasper Industrial Park at Jasper,
Illinois. Alabama; and (5) Illinois but currently obligated and not disbursed,
shall be obligated and expended during fiscal years 1986 and 1987
for (i) the restoration, rehabilitation and renovation of existing
buildings and structures within the Illinois and Michigan Canal
National Heritage Corridor, and (ii) a $400,000 grant to the Will
County Development Company for the establishment of a revolving
loan fund.
Flood control. (b) The project for flood control, Red Rock Dam and Lake, Iowa
Hams. authorized by the Flood Control Act approved June 28, 1938, is
Iowa. modified to authorize and direct the Secretary of the Army, acting
33 USC 7o1b-1. through the Chief of Engineers to acquire from willing sellers fee
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simple interest in real property which is subject to periodic flooding
in connection with the operation of the project, using funds here-
tofore and hereafter appropriated.
(c) In addition, for the Economic Development Administration, Grants.
"Economic development assistance pp ', $8,500,000, to remain South Carolina.
available until expended, of which4,0~00,000 is for a grant to
Lexington County, South Carolina, for all expenditures related to
the development of estate-0f-the-art fiber optics/medium power
cable research and development facility in Lexington County; and of
which $4,500,000 is for a grant to the City of Port Worth for the
continued renovation, construction, rehabilitation and establish-
ment of economic development facilities and related infrastructure
activities of the Fort Worth Stockyards project.
(d) In addition, for the United States Information Agency, "Edu- Handicapped
cational and Cultural Exchange Programs"; $2,500,000 for re- persons.
imbursement of expenses for international games for the handi-
capped as authorized by section 207 of Public Law 99-93: Provided, Ante, p. 430.
That reimbursement for each organization conducting such games
shall not exceed the total amount of necessary and reasonable
expenses incurred by such organization in excess of donations and
government services furnished.
SEC. 109. Notwithstanding any other provision of this joint resolu-
tion, there is appropriated an additional $3,000,000 to remain avail-
able until expended, for the National Oceanic and Atmospheric
Administration for programs, projects, and activities for the In-
tegrated Flood Observing and Warning System (IFLOWS).
SEC. 110. (a) Notwithstanding any other provision of this joint Prohibitions.
resolution, no funds made available to the Department of Justice
during fiscal year 1986 shall be used to in lement, or to adopt as a
permanent rule, New Offense Example 363, providing coverage for
"insider trading" offenses, of 28 C.F.R. section 2.20.
(b) This section shall become effective upon the date of enactment Effective date.
of this joint resolution and shall ex ire 180 days after the effective
date of this joint resolution: Provic That this section shall not
apply to any case pending before the United States Parole Commis-
sion as of the effective date of this joint resolution.
SEC. 111. (a) For an additional amount for the Commission on the
Bicentennial of the United States Constitution, "Salaries and Ex-
nses", authorized by Public Law 98-101 (97 Stat. 719-723),
2,000,000 to remain available until expended.
(b) Section 5 of Public Law 98-101 (97 Stat. 719) is amended- s~ stet. X20.
(1) in subsection (b), by striking out "up to five persons,"; and
(2) in paragraph (2) of subsection (e), by striking out "the
services" through the end of such paragraph and inserting in
lieu thereof "services".
(c) Notwithstanding section 5(a) of Public Law 98-101 (97 Stat.
719), the rate of pay of the staff director of the Commission on the
Bicentennial of the United States Constitution shall not exceed 95
percent of the rate of basic pay for level I of the Executive Schedule
pursuant to section 5312 of title 5, United States Code.
SEC. 112. None of the funds appropriated to the Legal Services Prohibitions.
Corporation for fiscal years prior to fiscal year 1986 and carried over Aliens.
into fiscal year 1986, either by the Corporation itself or by any
recipient of such funds, may be expended, unless such funds are
expended in accordance with all of the restrictions and provisions of
Public Law 99-180 of December 13,1985, except that such funds may Ante, p. iiss.
be expended for the continued representation of aliens prohibited by
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said Act where such representation commenced prior to January 1,
1983, or as approved by the Corporation.
Loans. Sec. 113. Notwithstanding any other provision of this joint resolu-
tion, an additional $10,000,000 shall be transferred from the "Small
Business Administration, Disaster Loan Fund" to "Small Business
Administration, Salaries and expenses" for disaster loan making
activities, including loan servicing.
Defense and SEC. 114. (a) The Congress finds that-
national (1) There have been an increasingly large number of criminal
Security. actions or accusations of fraud bou ht a ainst defense contrac-
Crimes and g g
misdemeanors. tors, in which a number of leading defense contractors have
pleaded guilty to criminal activity;
(2) Such fraudulent activity on the part of corporations en-
trusted with responsibility for our national defense is a threat
to our national security and an abuse of the public trust;
(3) Such fraud by those who seek to contract with the
Government represents the most reprehensible kind of
corporate conduct;
contracts. (4) The Government must ensure that it contracts only with
responsible companies, especialy in areas vital to our national
defense;
(5) It is vital that sufficient resources of the Federal Govern-
ment be allocated to the exposure and prosecution of such
fraud;
(6) The Department of Justice must exhibit a commitment to
the posecution of procurement law violations; and
(7) Only through a genuine commitment to seek criminal and
civil penalties against corporations engaged in procurement law
violations will such violations be deterred.
Audit. (b) It is therefore the sense of the Congress that the United States
Government, through both its executive and legislative branches,
launch an energetic and thorough investigation and audit for all
defense contractor billing practices, and all other practices involving
Government contracts, to expose all fraudulent action; that the
Government seek indictments against companies believed to have
defrauded the Government or the people of the United States: Arzd
Penalties. provided further, That the Government more aggressively use
suspension or debarment of contractors convicted of crimes as
appropriate supplemental penalty for such conviction.
s~ star. i2s2. SEC. 115. Section 1302 of Public law 98-181 is amended to sub-
stitute in the first sentence "period of two years" with "period
ending January 1, 1989".
Alaska. SEC. 116. The Secretary of the Army is directed to accomplish
emergency bank stabilization work at Bethel, Dillingham, and
Galena, Alaska, at full Federal cost, within available funds, at an
estimated cost of $1,500,000. Such funds were previously appro-
priated in Public Law 99-141(99 Stat. 564).
Flood control. SEC. 117. The Secretary shall include as part of the non-Federal
California. contribution of the project for flood control, Fairfield Vicinity
Streams, California, authorized in accordance with section 201 of the
a2 USC 19624-5. Flood Control Act of 1965, the cost of any work carried out by non-
Federal interests on the project after December 31, 1973, and before
the date of the enactment of this joint resolution, if the Secretary
determines such work is reasonably compatible with the project.
Costs and benefits resulting from such work shall continue to be
included for purposes of determining the economic feasibility of the
project.
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SEC. 118. (a) Notwithstanding any other provision of law, the President of U.S.
President is authorized- Afghanistan.
(1) to deny nondiscriminatory (most-favored-nation) trade 19 USC 2434
treatment to the pproducts of Afghanistan and thereby cause note.
such products to be subject to the rate of duty set forth in
column number 2 of the Tariff Schedules of the United States, 19 USC 1202.
and
(2) to deny credit, credit guarantees, and investment guaran-
tees to, or for the benefit of, Afghanistan under any Federal
program.
(b) If the President has not denied nondiscriminatory trade treat- Report.
ment to the products of Afghanistan before the date that is 45 days
after the date of enactment of this joint resolution, the President
shall submit to the Congress on such date a report which states the
reasons why the President has not denied such treatment.
(c) Notwithstanding any other provision of law, if the President
takes any action under subsection (a), the President is authorized
to-
(1) restore nondiscriminatory trade treatment to the products
of Afghanistan, and
(2) extend credit, credit guarantees, and investment guaran-
tees to, or for the benefit of, Afghanistan under any Federal
program.
only if the President provides written notice of such restoration or
extension to the Congress at least 30 days prior to the date on which
such restoration or extension takes effect.
(d) For purposes of this joint resolution, the term "product of
Afghanistan" means any article which is grown, produced, or manu-
factured (in whole or in part) in Afghanistan.
SEC. 119. Notwithstanding any other provision of this joint resolu-
tion, for necessary expenses to carry out title II of the Federal Water
Pollution Control Act, other than sections 201(mXl-3), 201(nx2), 206,
208, and 209, $2,400,000,000, to remain available until expended:
Provided, That, of the amounts appropriated under this section, only
$600,000,000 shall be immediately available, with remaining
amounts to become available only upon enactment of a subsequent
appropriation act authorizing obligation of such funds: Provided
further, That availability of funds appropriated by this section shall
not be limited to phases or segments of reviously funded projects:
Provided further, That allocation of the 600,000,000 initially made
available by this section shall be in accordance with the formula in
effect on October 1, 1984.
SEC. 120. Notwithstanding any other provision of this joint resolu-
tion, up to $8,000,000 of the funds appropriated for the Veterans
Administration under the heading "Medical care" in Public Law 99-
160 may be transferred to and merged with the funds provided Ante, p. 909.
under the heading "General operating expenses".
SEC. 121. Notwithstanding any other provision of law or this joint Health and
resolution, the Administrator of Veterans Affairs shall delegate to medical care.
hospital directors the authority to administer not less than 15 of the
new fiscal year 1985 major construction projects and not less than 10
of the new fiscal year 1986 major construction pro acts in the
manner and under the conditions established for the delegation of
the nursing home care construction projects at Ann Arbor, Tampa,
and Fresno. The Administrator shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a list
of the proposed delegations not later than 15 days after enactment
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99 STAT. 1320 PUBLIC LAW 99-190-DEC. 19, 1985
of this joint resolution. The Administrator shall, within available
resources, provide additional funds and personnel ceilings to each
hospital director with a delegated project for necessary and ade-
quate engineering, contracting, and other technical support. The
delegation of authority for actual construction of said facilities shall
be at the discretion of the selected hospital directors.
Prohibitions. SEC. 122. None of the funds made available by this or any other
Courts, u.s. Act for fiscal year 1986 to the Office of the Secretary, Department of
California. the Interior, shall be expended to submit to the United States
District Court for Eastern California any settlement with respect to
Westlands Water District v. United States, et al., (CV-F-81-245-
EDP) until: (1) Apri115,1986, and (2) until the Congress has received
from the Secretary and reviewed for a period of 30 days a copy of the
proposed settlement agreement which has been approved and signed
by the Secretary.
Animals. SEC. 123. Appropriations and funds available to the United States
nlinois. Fish and Wildlife Service shall be available for, and the Secretary of
the Interior shall immediately resume preparation of, all environ-
mental assessments and statements that are necessary prerequisites
to the translocation of a portion of the existing population of
Southern sea otters (Enhydra lutris nereis) to one or more locations
within their historic range in acxordance with the recovery plan for
such species. In preparing such assessments and statements the
Secretary shall consider section 10(j) of the Endangered Species Act
(16 U.S.C. 1539(j)) as well as pending legislation that would amend
such Act: Provided, That the Secretary of the Army ~s directed to
accomplish emergency bank stabilization, shore protection, and
flood control work to protect public-owned property in the vicinity of
Jarvis Avenue, Fargo Avenue, North Shore Avenue, Rosemont
Avenue, Burger Park, North Sheridan Road, and Lake Michigan in
Chicago, Illinois, at full Federal expense using funds heretofore and
hereafter appropriated at an estimated cost of $1,000,000.
SEC. 124. No penalty shall be applied nor any State or agency
agreement terminated pursuant to sections 1512, 1515, or 1521 of the
42 USC 3001-1, Public Health Service Act during fiscal year 1986, nor if appropria-
3001-4, 3oom. tions under title XV of that Act are reauthorized by August 15,1986,
shall an agency be required to take action to anticipate termi-
Grants. nation of financial assistance under that title. Sums appropriated by
the Departments of Labor, Health and Human Services, and Edu-
Ante, p. 1102. cation, and Related Agencies Appropriation Act, 1986, for the award
42 usC 3001-5. of grants under section 1516 of the Public Health Service Act may
be used for grants under that section to State agencies that were
authorized to receive grants for fiscal year 1982 under section 935(b)
42 USC 3001-5 of the Omnibus Budget Reconciliation Act of 1981: Provided That no
note. sums may be obligated under the authority of this sentence after the
date upon which a law is enacted to extend the authority to appro-
a usC 1524 note. priate amounts to carry out title XV of such Act.
Insurance. SEC. 125. The total principal amount of Federal loan insurance
42 use 294a. available under section ?28 of the Public Health Service Act during
fiscal year 1986 shall be granted by the Secretary of Health and
Human Services without regard to any apportionment or other
similar limitation, unless such apportionment or limitation is explic-
itly established, after the enactment of this joint resolution, as an
42 USC 294. amendment to subpart I of title VIII of that Act.
Maryland. SEC. 126. Notwithstanding any other provision of this 'oint resolu-
ohio. tion, the Secretary of Health and Human Services shal)~ extend, for
Wisconsin. one additional ear, approval to the munici health services dem-
California. y P~
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onstration pro acts located in Baltimore, Cincinnati, Milwaukee, and
San Jose authorized under section 402(a) of the Social Security
Amendments of 1967. 42 USC 1395b-1.
SEC. 127. From the amounts awarded to a State from its allotment
under section 2003 of the Social Security Act for fiscal year 1986, the 42 USC 1397b.
State shall use to maintain and improve the availability and quality
of training provided under section 401(bxl), 98 Stat. 2196, such sums
as the State may determine to be required.
SEC. 128. Upon the enactment of the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriation Act, 1986, the amount provided therein for the Sec- ante, p. 1102.
re~~ry of Education's discretionary fund for programs of national
significance (for sums appropriated for carrying out title II of the
Education for Economic Security Act) shall immediately become 98 star. 1273.
available for obligation.
SEC. 129. Notwithstanding an other provisions of this joint reso- Education.
lution or any other provision of law, any student residing in an area 20 usC 1o7oa
designated as a natural disaster area pursuant to a provision of ?O~~
Federal law may apply or reapply for a Pell Grant under subpart 1
of part A of title IV of the Higher Education Act of 1965 and be 20 use 1070.
eligible for and receive a Pell award based on income earned in
calendar year 1985 instead of 1984 if individuals whose incomes are
taken into account in determining the student's eligibility for and
amounts of a Pell Grant have been unable to pursue normal income-
producing activities in 1985 as a result of the natural disaster.
SEC. 130. (a) In the administration of subchapter III of chapter 83
of title 5, United States Code, title II of the Social Security Act, 5 USC 8331 ec
chapter 21 of the Internal Revenue Code of 1954, and title II of Seq.; 42 USC 401.
Public Law 98-168, the individual holding the position of Chief of 2s use 3101 ec
the United States Ca itol Police on Janu 1,1985- Seq.
P m'Y 5 USC 8331 note.
(1) shall be held and considered to have been appointed to
that position before January 1,1984,
(2) during the 60~1ay period following the date of the enact-
ment into law of this section, shall be eligible to elect coverage
under the provisions of such subchapter III, and
(3) upon such election, shall not be covered byy section
210(aX5xG) of the Social Security Act, and section 3121(bX5XG) 42 use 410.
of the Internal Revenue Code of 1954, with respect to periods of s8 star. 1125.
service performed by such individual in such position after the 2s USC 3121.
election.
(b) Any period of service performed by such individual as Chief of
the United States Capitol Police prior to making an such election
shall, after such election and payment by or on behalf of such
individual of appropriate contributions and interest covering such
period of service, be considered as creditable service for purposes of
such subchapter III and shall not be considered as covered service
for purposes of title II of Public Law 98-168. 5 use 8331 note.
(c) Service performed by such individual as Chief of the United
States Capitol Police after December 31, 1983, and prior to the
election referred to in subsection (a), shall also be considered
"employment" for purposes of the provisions of title II of the Social
Security Act and chapter 21 of the Internal Revenue Code of 1954, if 42 usC 401; 2s
such service would have been "employment" under such provisions usC 3101 ec Seq.
but for this section.
SEC. 131. 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
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99 STAT. 1322 PUBLIC LAW 99-190-DEC. 19, 1985
year 1986 shall be paid by the Secretary of the Treasury from funds
available to the Treasury Department.
Biomedical SEC. 132. Notwithstanding any other provision of this joint reso-
Ethics Board lution, there is appropriated $150,000 for fiscal year 1986 for the
and Biomedical establishment and o ration of the Biomedical Ethics Board and the
Ethics Advisory ~
Committee, Biomedical Ethics Advisory Committee pursuant to section 381 of
establishment. the Public Health Service Act.
Ante, p. ssa. SEC. 133. Section 203(g) of the Legislative Reorganization Act of
1946, as amended (2 U.S.C. 166), is amended, effective hereafter, to
read as follows:
"(g) The Director of the Congressional Research Service will
submit to the Librarian of Congress for review, consideration,
evaluation, and approval, the budget estimates of the Congressional
Research Service for inclusion in the Budget of the United States
Government.".
SEC. 134. The Act entitled "An Act to establish a Commission on
Security and Cooperation in Europe", approved June 3, 1976 (22
U.S.C. 3001 et seq.) is amended by adding at the end thereof the
following new section:
22 Usc 3oos. "SEC. 9. For purposes of costs relating to printing and binding,
including the costs of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee
of the Congress.".
SEC. 135. (a) The first sentence of section 225(bX3) of the Federal
Salary Act of 1967 (2 U.S.C. 352(3)) is amended by inserting "and
with respect to fiscal year 1987" before the period at the end thereof.
(b) Section 225(f) of such Act (2 U.S.C. 356) is amended by adding
at the end thereof the following flush sentence: "In reviewing the
rates of pay of the offices or positions referred to in subparagraph
(D) of this subsection, the Commission shall determine and consider
the appropriateness of the executive levels of such offices and
positions.".
(c) The second sentence of section 225(8) of such Act (2 U.S.C. 357)
is amended by striking out "January 1 next following the close" and
inserting in lieu thereof "December 15".
(d) Section 225(h) of such Act (2 U.S.C. 358) is amended-
(1) by inserting "under section 1105(a) of title 31, United
States Code," in the first sentence after "transmitted"; and
(2) by striking out the second sentence.
(e) Section 225(1) of such Act (2 U.S.C. 359) is amended by striking
out paragraphs (1) and (2) and inserting in lieu thereof the following:
"(1) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRE3IDENT.-
"(1) The recommendations of the President which are transmitted
to the Congress pursuant to subsection (h) of this section shall be
effective as provided in paragraph (2) of this subsection unless any
such recommendation is disapproved by a joint resolution agreed to
by the Congress not later than the last day of the 30-day period
which begins on the date of which such recommendations are
transmitted to the Congress.
"(2) The effective date of the rate or rates of pay which take effect
for an office or position under paragraph (1) of this subsection shall
be the first day of the first pay period which begins for such
office or position after the end of the 30-day period described in such
paragraph.".
(f) Section 225(j) of such Act (2 U.S.C. 360) is amended-
(1) by striking out "transmitted to the Congress immediately
following a review conducted by the Commission in one of the
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fiscal years referred to in subsection (bx2) or (3) of this section
shall, if approved by the Congress as provided in subparagraph
(i)," and inserting in lieu thereof "taking effect as provided in
subsection (i) of this section shall"; and
(2) in clause (A), by striking out "in paragraph (1) of '.
(g) Notwithstanding section 225(8) of such Act (2 U.S.C. 357), the Prohibition.
Commission on Executive, Legislative, and Judicial Salaries shall 2 USC 357 note.
not make recommendations on the rates of pay of offices and
positions within the purview of subparagraphs (A), (B), (C), and (D) of
section 225(fl of such Act (2 U.S.C. 356) in connection with the
review of rates of pay of such offices and positions conducted by the
Commission in fiscal year 1985.
SEC. 136. Notwithstanding any other provision of this joint resolu- Washington.
tion or any other Act, the Department of the Navy is authorized,
within existing appropriations, to expend such sums as are nec-
essary to effectuate a settlement with the State of Washington of
back tax liabilities arising out of Federal construction and procure-
ment projects in Washington State. Such settlement may be nego-
tiated directly between the Department of the Navy and the State of
Washington, notwithstanding the fact that the liability of the
Department of the Navy may be derivative from persons contracting
with the Department.
SEC. 137. Effective on and after January 1, 1986, section 908(b) of
the Supplemental Appropriations Act, 1983 (2 U.S.C. 31-1), is
amended by striking out " 30 percent" in paragraphs (1) and (2) and
inserting in lieu thereof "40 percent".
SEC. 138. The Secretary of the Army, at his discretion, may utilize Flood control.
Reserve Forces to carry out emergency flood recovery and clean up West Virginia.
measures in the 29-county area of West Virginia, the 6-county area vi gra?ania.
of Pennsylvania, the 18-county area of Virginia, and Gulf Coast
areas, declared entitled to relief under the Disaster Relief Act of
1974 with respect to the flooding occurring on and after August 30, 42 USC 5121
1985, without reimbursement for such limited assistance. note.
SEC. 139. (a) Notwithstanding section 101(i) and section 102(c) of Government
this joint resolution, and notwithstanding any provision of H.ft. organizations
3036, if any individual or entity which provides or proposes to and employees.
rovide child care services for Federal em to ees a lies to the Children and
P P Y PP ~ youth.
officer or agency of the United States charged with the allotment of 4o USC 49ob.
space in the Federal buildings in the community or district in which
such individual or entity provides or proposes to provide such
services, such officer or agency may allot space in such a building to
such individual or entity if-
(1)such space is available;
(2) such officer or agency determines that such space will be
used to provide child care services to a group of individuals of
whom at least 50 percent are Federal employees; and
(3) such officer or agency determines that such individual or
entity will give priority for available child care services in such
space to Federal employees.
(bXl) if an officer or agency allots space to an individual or entity
under subsection (a), such space may be provided to such individual
or entity without charge for rent or services.
(2) If there is an agreement for the payment of costs associated
with the provision of space allotted under subsection (a) or services
provided in connection with such space, nothing in title 31, United
States Code, or any other provision of law, shall be construed to
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99 STAT. 1324 PUBLIC LAW 99-190-DEC. 19, 1985
prohibit or restrict payment by reimbursement to the miscellaneous
receipts or other appropriate account of the Treasury.
(3) For the purpose of this section, the term "services" includes
the providing of lighting, heating, cooling, electricity, office fur-
niture, office machines and equipment, telephone service (including
installation of lines and equipment and other expenses associated
with telephone service), and security systems (including installation
and other expenses associated with security systems).
Repeal. SEC. 140. Section 5 of the Federal Employees Flexible and Com-
pressed Work Schedules Act of 1982 (96 Stat. 234; 5 U.S.C. 6101 note)
is repealed.
SEC. 141. Section 301(d) of title 31, United States Code, is amended
in the first sentence by striking out the phrase "an Under Secretary,
an Under Secretary for Monetary Affairs" and inserting in lieu
thereof the phrase " 2 Under Secretaries"; and by striking out the
fourth sentence and inserting in lieu thereof the following new
sentence: "The President may designate one Under Secretary as
Counselor.".
SEC. 142. Subsection (c) of section 236 of the Trade and Tariff Act
9a star. 2992. of 1984 (19 U.S.C. 58b(c)) is amended by striking out "4" and
inserting in lieu thereof " 20".
18 USC 3056 SEC. 143. Section 4 of the Presidential Protection Assistance Act of
note. 1976, Public Law 94-524, is amended by striking out "$10,000" and
inserting in lieu thereof "$75,000".
SEC. 144. Section 202(a) of title 39, United States Code, is amended
by striking out " 30 days" each time it appears and by inserting in
lieu thereof "42 days".
Prohibitions. SEC. 145. None of the funds appropriated by this joint resolution
or any other Act shall be available to the Office of Management and
Budget for revising, curtailing or otherwise amending the adminis-
trative and/or regulatory methodology employed by the Bureau of
Alcohol, Tobacco and Firearms to assure compliance with section
205, title 27 of the United States Code (Federal Alcohol Adminis-
27 USC 2oi et tration Act) or with regulations, rulings or forms promulgated
See thereunder.
Massachusetts. SEC. 146. Notwithstanding any other provision of law, the
Report. Administrator of the General Services Administration and the Sec-
retary of Commerce are hereby authorized, for the purposes of
supporting the United States' international trade position, to locate
the International Trade Administration Boston District Office in the
new World Trade Center, Boston, Massachusetts. A report shall be
made to the Committees on Appropriations no later than February
1, 1986 detailing the steps taken and agreements reached to achieve
this move.
SEC. 147. (a) Sections 201(1), 202(6), 203(ax4xA), 203(ax4xB), 204(a),
and 206(bx2)(Axi) of the Federal Employees' Retirement Contribu-
tion Temporary Adjustment Act of 1983 (97 Stat. 1106; 5 U.S.C. 8331
note) are amended by striking out "January 1, 1986" each place it
appears and inserting in lieu thereof "May 1, 1986".
(b) Section 206(cx3) of such Act is amended by striking out "Janu-
ary 1, 1986" and inserting in lieu thereof "Apri130, 1986 '.
5 USC 8331 note. (c) Section 205 of such Act is amended by striking out "and 1986"
in subsections (b) and (c) and inserting in lieu thereof "1986, and
1987".
Ethics in SEC. 148. (a) This section many be cited as the "Ethics in Govern-
Government Act ment Act Amendments of 1985' .
Amendments of
1985.
5 USC app. 201
note.
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(b) Section 207 of the ethics in Government Act of 1978 is 5 USC app. 207.
amended-
(1) by striking out the heading for such section and inserting
in lieu thereof the following:
"CONFIDENTIAL REPORTS AND OTHER ADDITIONAL REQUIREMENTS";
(2) by striking out the first sentence in subsection (a) and
inserting in lieu thereof the following: "(1) The President may
require officers and employees in the executive branch (includ-
ing the United States Postal Service, the Postal Rate Commis-
sion, members of the uniformed services, and special Govern-
ment employees as defined in section 202 of title 18, United
States Code) to file a confidential financial disclosure report, in
such form as the President may prescribe. The information
required to be reported under this subsection by the officers and
employees of any department or agency shall be set forth in
regulations prescribed by the President, and may be less exten-
sive than otherwise required by this title, or more extensive
when determined by the President to be necessary and appro-
priate in light of sections 202 through 209 of title 18, United
States Code, regulations promulgated thereunder, or the au-
thorized activities of any such department or agency. Any
individual required to file a report pursuant to section 201 shall 5 use app. 201.
not be required to file a confidential report pursuant to this
subsection, except with respect to information which is more
extensive than information otherwise required by this title.";
and
(3) by adding at the end of subsection (a) the following new
paragraph:
"(2) Any information required to be provided by an individual
under this subsection shall be confidential and shall not be disclosed
to the public.".
(c) The amendments made by this section shall be effective 90 days Effective date.
after the date of enactment of this section. 5 use app. 207
SEC. 149. The Secretary of the Interior is hereby directed to make outer
every effort during the balance of fiscal year 1986 to resolve the Continental
outstanding conflicts with respect to the future leasing and protec- Shelf.
tion of lands on the California outer continental shelf for oil and gas Report.
exploration and development. To this end, the Secretary shall
submit to the Congress once every 60 days following the date of
enactment of this resolution until the end of fiscal year 1986 a
report summarizing the progress of negotiations carried out to
resolve these outstanding conflicts. Such negotiations shall be con-
ducted by the Secretary and the following members of Congress to
be designated by the Speaker of the House of Representatives and
the Majority Leader of the Senate:
(1) The Chairmen and ranking minority members of the
following committees and subcommittees of the Congress
having jurisdiction over these issues:
(A) The Subcommittee on the Interior of the Committee
on Appropriations of the House of Representatives.
(B) The Subcommittee on Energy and the Environment of
the Committee on Interior and Insular Affairs of the House
of Representatives.
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99 STAT. 1326 PUBLIC LAW 99-190-DEC. 19, 1985
(C) The Subcommittee on the Panama Canal and Outer
Continental Shelf of the Committee on Merchant Marine
and Fisheries of the House of Representatives.
(D) The Subcommittee of the Interior of the Committee
on Appropriations of the Senate.
(E) The Committee on Energy and Natural Resources of
the Senate.
(2) Two United States Senators from California.
(3) Seven members of the California delegation to the House
of Representatives.
Approved December 19, 1985.
LEGISLATIVE HISTORY-H.J. Res. 465:
HOUSE REPORTS: No. 99-403 (Comm. on Appropriation), No. 99-443 (Comm. of
Conference) and No. 99-450 (Comm. of Conference).
SENATE REPORT No. 99-210 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 131 (1985):
Dec. 4, considered and passed House.
Dec. 6, 9, 10, considered and passed Senate, amended.
Dec. 19, House and Senate agreed to conference report.
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