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Page:United States Statutes at Large Volume 99 Part 2.djvu/201

 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1311

SEC. 541. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. The Congress 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 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 part II of that Act, shall be available for the provision of food, 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 for the Sudan if the President determines that the Sudan is acting 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 non-communist resistance forces not less than $1,500,000 nor more 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 Development Cooperation Act of 1985 (Public Law 99-83). SEC. 545. (a) SENSE OF CONGRESS.—It is the sense of Congress that no foreign military sales financing appropriated by this Act may be used to finance the procurement by Jordan of United States advanced aircraft, new air defense weapons systems, or other new advanced military weapons systems, and no notification may be 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 recognition of Israel and to negotiate promptly and directly with Israel under the basic tenets of United Nations Security Council Resolutions 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 accompanied by a Presidential certification of Jordan's public commitment to the recognition of Israel and to negotiate promptly and

Prohibitions. Abortions. 22 USC 2151.

Afghanistan. 22 USC 2151. Ante, p. 210.

Prohibitions. Sudan.

President of U.S. eambodia.

Ante, p. 268. Jordan. Weapons. Aircraft and air carriers. Israel. Ante, p. 203.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/202

 99 STAT. 1312

Prohibitions.

Prohibitions. El Salvador. 22 USC 2311, 2347. 22 USC 2751 note. Michael Hammer. Mark Pearlman. Jose Rodolfo Viera.

7 USC 1691 note.

Jordan. Weapons. Aircraft and air carriers.

90 Stat. 765. ehildren and youth.

PUBLIC LAW 99-190—DEC. 19, 1985

directly with Israel under the basic tenets of United Nations Security Council Resolutions 242 and 338. SEC. 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 document, file, or record necessary to the auditing requirements of the Agency for International Development. SEC. 547. Of the amounts made available by this Act for military assistance and financing for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act, $5,000,000 may not be expended until the President reports, following the conclusion of the Appeals process in the case of Captam Avila, to the Committees on Appropriations that the Government of El Salvador has (1) substantially concluded all investigative action with respect to those responsible for the January 1981 deaths of the two United States land reform consultants Michael Hemimer and Mark Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo Viera, 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 countries receiving United States foreign assistance under the "Economic Support Fund", "Foreign Military Credit Sales", "Military Assistance program, "International Military Education and Training", Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) development assistance programs, or trade promotion programs should fully cooperate with the international refugee assistance organizations, the United States, and other governments in facilitating lasting solutions to refugee situations. Further, where resettlement to other countries is the appropriate solution, such resettlement should be expedited in cooperation with the country of asylum without respect to race, sex, religion, or national origin. SEC. 549. Any joint resolution introduced on or srfter February 1, 1986, which states that the Congress objects to the proposed sale to Jordan of advanced weapons systems, including advanced aircraft and advanced air defense systems (submitted to 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 Assistance and Arms Export Control Act of 1976. SEC. 550. (a) The Congress finds that— (1) the United Nations Children's Fund (UNICEF) reports that four million children die annually because they have not been immunized against the six major childhood diseases: polio, measles, whooping cough, diphtheria, tetanus, and tuberculosis; (2) at present less than 20 percent of children in the developing 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-effective vaccines; (5) the World Health Assembly, the Executive Board of the United Nations Children's Fund, and the United Nations General 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 universal 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's; (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 qualified to provide technical 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. 0)X1) The Congress calls upon the President to direct the Agency for Intemational 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 technical capacities in developing countries to reach, by the appropriate age, not less than 80 per centum of their annually projected tai^et population with the full schedule of required immunizations, and (ii) the development of a sufficient network of indigenous professionals and institutions with responsibility for developing, monitoring, and assessing immunization programs and continually adapting s t r a t ^ e s 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 modifying and improving existing vaccines to make them more appropriate for use in developing countries. (2) In support of this global effort, the President should appeal to President of u s. the people of the United States and the United States private sector to support public and private efforts to provide the resources necessary to achieve universal access to childhood immunization by 1990.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/204

 99 STAT. 1314

Loans.

President of U.S. Afghanistan. 19 USC 2434 note.

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; The United States foreign military assistance loan programs, which have had very high interest rates in past years, have contributed 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 objectives, the enhancement of the military and economic security of 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 unnecessarily 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 program 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 significant grant element to the recipient nation and that the Congress 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 programs along these lines for consideration by the appropriate committees of the Congress. SEC. 552. (a) Notwithstanding any other provision of law, the President is authorized— (1) to deny nondiscriminatory (most-favored-nation) trade 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 guarantees to, or for the benefit of, Afghanistan under any Federal program. (b) If the President has not denied nondiscriminatory trade treatment 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 conditions provided in applicable appropriations Acts for the fiscal year 1985, at the current rate: Provided, That no appropriation or fund made avsdlable 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 IV of the Immigration and Nationality Act including $50,000,000 for targeted assistance grants and $4,000,000 for voluntary agency matching grants; title IV 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 rV-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(a)(l) and 102(c) of Public Law 96-272: Provided, 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 available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) September 30, 1986, whichever first occurs. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any 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 authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.

19 USC 1202.

Ante, p. 1291.

iLy^^ 2296

2298 42 USC 201 note.

8 USC 1106. 8 USC 1521, «?T«r 42 USC 670 42 USC 674' 42 USC 672 note

20 USC 3489.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/206

 99 STAT. 1316 Ante, p. 293.

Banks and banking.

12 USC 2276.

42 USC 6701 note. New York.

New Jersey. 42 USC 3131.

ealifornia.

Alabama.

Illinois.

Flood control. Dams. Iowa. 33 USC 701b-l.

PUBLIC LAW 99-190—DEC. 19, 1985

SEC. 105. Title I, Chapter I of the Act of August 15, 1985 (Public 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 "RIOE" and substituting in lieu thereof "RI5E". SEC. 106. Notwithstanding any other provision of this joint resolution, 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 measures as provided in sections 401 and 403-405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2203-2205). SEC. 107. Notwithstanding any other provision of this joint resolution, not to exceed an additional $9,549,000 (from assessments collected from farm credit system banks) shall be obligated during the current fiscal year for administrative expenses, as authorized under 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 intermediate 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 amended (Public Law 94-369) or any other provision of law, any funds authorized and appropriated under title I of such Act, as 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 1965, as amended; (2) New Jersey but currently obligated and not 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 Department of Defense for use as a shelter for the homeless in Middlesex 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 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, 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. (b) The project for flood control, Red Rock Dam and Lake, Iowa authorized by the Flood Control Act approved June 28, 1938, is modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers to acquire from willing sellers fee

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 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1317

simple interest in real property which is subject to periodic flooding in connection with the operation of the project, using funds heretofore and hereafter appropriated. (c) In addition, for the Economic Development Administration, "Economic development assistance programs '; $8,500,000, to remain available until expended, of which $4,000,000 is for a grant to Lexington County, South Carolina, for all expenditures related to the development of a state-of-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 Fort Worth for the continued renovation, construction, rehabilitation and establishment of economic development facilities and related infrastructure activities of the Fort Worth Stockyards project. (d) In addition, for the United States Information Agency, "Educational and Cultural Exchange P r c ^ a m s "; $2,500,000 for reimbursement of expenses for international games for the handicapped as authorized by section 207 of Public Law 99-93: Provided, 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 resolution, there is appropriated an additional $3,000,000 to remain available until expended, for the National Oceanic and Atmospheric Administration for programs, projects, and activities for the Integrated Flood Observing and Warning System (IFLOWS). SEC. 110. (a) Notwithstanding any other provision of this joint resolution, no funds made available to the Department of Justice during fiscal year 1986 shall be used to implement, 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. flj) This section shall become effective upon the date of enactment of this joint resolution and shall expire 180 days after the effective date of this joint resolution: Provided, That this section shall not apply to any case pending before the United States Parole Commission 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 Expenses", authorized by Public Law 98-101 (97 Stat. 719-723), $12,000,000 to remain available until expended. (b) Section 5 of Public Law 98-101 (97 Stat. 719) is amended— (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 O)mmission 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 Corporation for fiscal years prior to fiscal year 1986 and carried over 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 be expended for the continued representation of aliens prohibited by

Grants. South Carolina.

Handicapped persons. Ante, p. 430.

Prohibitions.

Effective date.

97 Stat. 720.

Prohibitions. Aliens.

Ante, p. 1136.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/208

 99 STAT. 1318

Loans.

Defense and national security. Crimes and misdemeanors.

Contracts.

Audit.

Penalties.

97 Stat. 1292.

Alaska.

Flood control. California. 42 USC 1962d-5.

PUBLIC LAW 99-190—DEC. 19, 1985

said Act where such representation commenced prior to January 1, 1983, or as approved by the Corporation. SEC. 113. Notwithstanding any other provision of this joint resolution, 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. SEC. 114. (a) The Congress finds that— (1) There have been an increasingly large number of criminal actions or accusations of fraud bought against defense contractors, in which a number of leading defense contractors have pleaded guilty to criminal activity; (2) Such fraudulent activity on the part of corporations entrusted 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; (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 Government 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. (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: And provided further, That the Government more aggressively use suspension or debarment of contractors convicted of crimes as appropriate supplemental penalty for such conviction. SEC. 115. Section 1302 of Public law 98-181 is amended to substitute in the first sentence "period of two years" with "period ending January 1, 1989". 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 appropriated in Public Law 99-141 (99 Stat. 564). SEC. 117. The Secretary shall include as part of the non-Federal contribution of the project for flood control, Fairfield Vicinity Streams, California, authorized in accordance with section 201 of the Flood Control Act of 1965, the cost of any work carried out by nonFederal 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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 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1319

SEC. 118. (a) Notwithstanding any other provision of law, the President is authorized— (1) to deny nondiscriminatory (most-favored-nation) trade treatment to the products of Afghanistan and thereby cause such products to be subject to the rate of duty set forth in column number 2 of the Tariff Schedules of the United States, and (2) to deny credit, credit guarantees, and investment guarantees to, or for the benefit of, Afghanistan under any Federal program. (b) If the President has not denied nondiscriminatory trade treatment 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 guarantees 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 manufactured (in whole or in part) in Afghanistan. SEC. 119. Notwithstanding any other provision of this joint resolution, for necessary expenses to carry out title II of the Federal Water Pollution Control Act, other than sections 201(m)(l-3), 201(n)(2), 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 previously 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 resolution, up to $8,000,000 of the funds appropriated for the Veterans Administration under the heading "Medical care" in Public Law 99160 may be transferred to and merged with the funds provided under the heading "General operating expenses". SEC. 121. Notwithstanding any other provision of law or this joint resolution, the Administrator of Veterans Affairs shall delegate to 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 projects 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

President of U.S. Afghanistan. 19 USC 2434 note. 19 USC 1202.

Report.

Ante, p. 909. Health and medical care.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/210

 99 STAT. 1320

Prohibitions. Courts, U.S. California.

Animals. Illinois.

42 USC 300M, 300/-4, 300m. Grants. Ante, p. 1102. 42 USC 300/-5.

42 USC 300/-5 note. 8 USC 1524 note. Insurance. 42 USC 294a.

42 USC 294. Maryland. Ohio. Wisconsin. California.

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 adequate engineering, contracting, and other technical support. The delegation of authority for actual construction of said facUities shall be at the discretion of the selected hospital directors. SEC. 122. None of the funds made available by this or any other Act for fiscal year 1986 to the Office of the Secretary, Department of 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-81-245EDP) until: (1) April 15, 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. SEC. 123. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for, and the Secretary of the Interior shall immediately resume preparation of, all environmental 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 accordance with the recovery plan for such species. In preparing such assessments and statements the Secretary shall consider section l(Hj) 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 is 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 Public Health Service Act during fiscal year 1986, nor if appropriations under title XV of that Act are reauthorized by August 15, 1986, shall any agency be required to take action to anticipate termination of financial assistance under that title. Sums appropriated by the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1986, for the award 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 9350t>) of the Omnibus Budget Reconciliation Act of 1981: Provided, That no sums may be obligated under the authority of this sentence after the date upon which a law is enacted to extend the authority to appropriate amounts to carry out title XV of such Act. SEC. 125. The total principal amount of Federal loan insurance available under section 728 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 explicitly established, after the enactment of this joint resolution, as an amendment to subpart I of title VII-C of that Act. SEC. 126. Notwithstanding any other provision of this joint resolution, the Secretary of Health and Human Services shall extend, for one addition£d year, approval to the municipal health services dem-

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 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1321

onstration projects located in Baltimore, Cincinnati, Milwaukee, and San Jose authorized under section 402(a) of the Social Security Amendments of 1967. 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 State shall use to maintain and improve the availability and quality of training provided under section 401(b)(l), 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 Secretary 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 available for obligation. SEC. 129. Notwithstanding any other provisions of this joint resolution or any other provision of law, any student residing in an area designated as a natural disaster area pursuant to a provision of Federal law may apply or reapply for a Pell Grant under subpart 1 of part A of title IV of the Higher Eklucation Act of 1965 and be 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 incomeproducing 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, chapter 21 of the Internal Revenue Code of 1954, and title II of Public Law 98-168, the individual holding the position of Chief of the United States Capitol Police on January 1, 1985— (1) shall be held and considered to have been appointed to that position before January 1, 1984, (2) during the 60-day period following the date of the enactment into law of this section, shall be eligible to elect coverage under the provisions of such subchapter lU, and (3) upon such election, shall not be covered by section 210(a)(5)(G) of the Social Security Act, and section 3121(b)(5)(G) of the Internal Revenue Code of 1954, with respect to periods of service performed by such individual in such position after the election. (b) Any period of service performed by such individual as Chief of the United States Capitol Police prior to making any 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 i n and shall not be considered as covered service for purposes of title II of Public Law 98-168. (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 such service would have been "employment" under such provisions 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 (Denter for fiscal

42 USC 1395b-l. 42 USC 1397b.

Ante, p. 1102.

98 Stat. 1273. Education. 20 USC 1070a note. 20 USC 1070.

5 USC 8331 et seq.; 42 USC 401. 26 USC 3101 et seq. 5 USC 8331 note.

42 USC 410. 98 Stat. 1125. 26 USC 3121.

5 USC 8331 note.

42 USC 401; 26 u s e 3101 et seq.

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 99 STAT. 1322

Biomedical Ethics Board and Biomedical Ethics Advisory Committee, establishment. Ante, p. 883.

22 USC 3009.

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. SEC. 132. Notwithstanding any other provision of this joint resolution, there is appropriated $150,000 for fiscal year 1986 for the establishment and operation of the Biomedical Ethics Board and the Biomedical Ethics Advisory Committee pursuant to section 381 of the Public Health Service Act. 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: "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(b)(3) 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(0 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(g) 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(i) of such Act (2 U.S.C. 359) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: "(i) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRESIDENT.—

"(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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99 STAT. 1323

fiscal years referred to in subsection (b)(2) 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(g) of such Act (2 U.S.C. 357), the Commission on Executive, Legislative, and Judicial Salaries shall 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(f) 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 resolution or any other Act, the Department of the Navy is authorized, within existing appropriations, to expend such sums as are necessary to effectuate a settlement with the State of Washington of back tax liabilities arising out of Federal construction and procurement projects in Washington State. Such settlement may be negotiated 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 Reserve Forces to carry out emergency flood recovery and clean up measures in the 29-county area of West Virginia, the 6-county area 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, 1985, without reimbursement for such limited gissistance. SEC. 139. (a) Notwithstanding section lOl(i) and section 102(c) of this joint resolution, and notwithstanding any provision of H.R. 3036, if any individual or entity which provides or proposes to provide child care services for Federal employees applies to the officer or agency of the United States charged with the allotment of 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. (b)(1) 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

Prohibition. 2 USC 357 note.

Washington.

Flood control. West Virginia. Pennsylvania. Virginia. 42 USC 5121 note. Government organization and employees. ehildren and youth. 40 USC 490b.

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 99 STAT. 1324

Repeal.

98 Stat. 2992. 18 USC 3056 note.

Prohibitions.

27 USC 201 et seq. Massachusetts. Report.

5 USC 8331 note.

Ethics in Government Act Amendments of 1985. 5 USC app. 201 note.

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 furniture, 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). SEC. 140. Section 5 of the Federal Employees Flexible and Compressed 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 of 1984 (19 U.S.C. 58b(c)) is amended by striking out "4" and inserting in lieu thereof "20". SEC. 143. Section 4 of the Presidential Protection Assistance Act of 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". 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 administrative 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 Administration Act) or with regulations, rulings or forms promulgated thereunder. SEC. 146. Notwithstanding any other provision of law, the Administrator of the General Services Administration and the Secretary 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(a)(4)(A), 203(a)(4)(B), 204(a), and 2060t))(2)(A)(i) of the Federal Employees' Retirement Contribution 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(c)(3) of such Act is amended by striking out "January 1, 1986" and inserting in lieu thereof "April 30, 1986^'. (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". SEC. 148. (a) This section may be cited as the "Ethics in Government Act Amendments of 1985'. . V -

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99 STAT. 1325

(b) Section 207 of the ethics in Government Act of 1978 is amended— (1) by striking out the heading for such section and inserting in lieu thereof the following:

5 USC app. 207.

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 (including the United States Postal Service, the Postal Rate Commission, members of the uniformed services, and special Government 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 extensive than otherwise required by this title, or more extensive when determined by the President to be necessary and appropriate in light of sections 202 through 209 of title 18, United States Code, regulations promulgated thereunder, or the authorized activities of any such department or agency. Any individual required to file a report pursuant to section 201 shall 5 USC 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. 5 USC app. 207 after the date of enactment of this section. note. 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 conducted 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 Appropriations), No. 99-443 and No. 99-450 (C!omm. of Conference). SENATE REPORT No. 99-210 (Comm. on Appropriations). -i 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.; ^•:»! i Ui

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 PUBLIC LAW 99-191—DEC. 19, 1985

99 STAT. 1327

Public Law 99-191 99th Congress An Act Relating to the authorization of appropriations for certain components of the National Wildlife Refuge System.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BON SECOUR NATIONAL WILDLIFE REFUGE.

Section 5(1) of the Act entitled "An Act to establish the Bon Secour National Wildlife Refuge", approved June 9, 1980 (Public Law 96-267, 94 Stat. 484) is amended to read as follows: "(1) $15,300,000 for the period beginning October 1, 1985, for the acquisition of the refuge; and". SEC. 2. TENSAS RIVER NATIONAL WILDLIFE REFUGE.

Section 5 of the Act entitled "An Act to establish the Tensas River National Wildlife Refuge", approved June 28, 1980 (Public Law 96-285, 94 Stat. 597) is amended to read as follows: "SEC. 5. For purposes of carrying out this Act, there are authorized to be appropriated— "(1) beginning October 1, 1985, not to exceed $10,000,000 to the Department of the Interior; and "(2) beginning October 1, 1980, not to exceed $40,000,000 to the Department of the Army. These sums are to remain available until expended.". SEC. 3. BOGUE CHITTO NATIONAL WILDLIFE REFUGE.

Section 5 of the Act entitled "An Act to establish the Bogue Chitto National Wildlife Refuge", approved June 28, 1980 (Public Law 96-288,94 Stat. 604) is amended— (1) by striking out "beginning October 1, 1980"; (2) by amending subsection (a) to read as follows: "(a) beginning October 1, 1985, $10,000,000 for the acquisition of lands and interests therein, to remain available until expended; and"; and (3) by amending subsection (b) to read as follows: "(b) $1,000,000 for construction of the refuge headquarters and boat launching facilities and the accomplishment of boundary surveys, to remain available until expended.".

Dec. 19, 1985 [H.R. 1789]

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 99 STAT. 1328

PUBLIC LAW 99-191—DEC. 19, 1985

SEC. 4. TINICUM NATIONAL ENVIRONMENTAL CENTER

Section 1 of the Act entitled "An Act to provide for additional authorization of appropriations for the Tinicum National Environmental Center", approved July 25, 1980 (Public Law 96-315, 94 Stat. 957) is amended by striking out "September 30, 1985" and inserting in lieu thereof "expended". Approved December 19, 1985.

. •

LEGISLATIVE HISTORY—HR. 1789 (S. 1354): HOUSE REPORT No. 99-100 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 131 (1985): July 29, considered and passed House. Dec. 5, considered and passed Senate.

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 PUBLIC LAW 99-192—DEC. 19, 1985

99 STAT. 1329

Public Law 99-192 99th Congress An Act To designate the pedestrian walkway crossing the Potomac River at Harpers Ferry National Historical Park as the "Goodloe E. Byron Memorial Pedestrian Walkway".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the pedestrian walkway located in Washington County in the State of Maryland, and Jefferson County in the State of West Virginia, which crosses the Potomac River at Harpers Ferry National Historical Park, and which is situated in part on the structure which is cantilevered onto the bridge owned by the Baltimore and Ohio Railroad Company (identified as the Bridge Numbered Zero of the Shenandoah Subdivision) and in part on the trestle of such bridge, shall hereafter be known and designated as the "Goodloe E. Byron Memorial Pedestrian Walkway". SEC. 2. Any reference in any law, map, regulation, document, record, or other paper of the United States to the pedestrian walkway referred to in the first section of this Act shall be deemed to be a reference to the "Goodloe E. Byron Memorial Pedestrian Walkway". Approved December 19, 1985.

LEGISLATIVE HISTORY—H.R. 3735: HOUSE REPORT! No. 99-412 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 6, considered and passed House. Dec. 11, considered and passed Senate.

Dec. 19, 1985 [H.R. 3735]

Maryland. West Virginia. Public buildings and grounds. Bridges.

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 99 STAT. 1330

PUBLIC LAW 99-193—DEC. 19, 1985

Public Law 99-193 99th Congress Joint Resolution Dec. 19, 1985

To designate the year of 1986 as the "Year of the Flag".

Whereas the flag of the United States is a symbol of our Nation and its ideals, traditions, and institutions; Whereas the flag is also symbolic of the territorial development of the Nation, and the tremendous effort, sacrifice, and love of country that made such development possible; Whereas the stars of the flag signify the number of States in the Union today and the stripes signify the number of States in the original Union; Whereas the colors of the flag signify qualities of the human spirit which all Americans should strive for: red for hardiness and courage, white for purity and innocence, and blue for vigilance and justice; Whereas awareness and appreciation of their Nation's ideals, traditions, development, and accomplishments are important in inspiring and guiding citizens' efforts in carrying the American legacy into the future; Whereas citizen interest in and appreciation of the flag and its development, meaning, and relationship to the American heritage is vitally important, so that it may always serve as an effective reminder of the ideals, accomplishments, and lessons of history for which it stands; Whereas citizen awareness, interest, and appreciation of the flag and its relationship to the American heritage has declined in recent years, thereby threatening its effectiveness in reminding citizens of their heritage and inspiring them in their daily lives; Whereas there is a need for renewed interest in the flag, and a promotion of awareness of its relationship to the Nation's Constitution, values, heritage, and accomplishments; Whereas a commemorative year would serve to heighten such interest in and awareness of the flag, by encouraging efforts to educate citizens regarding the relationship of the flag to their heritage, and celebrations honoring the flag; Whereas 1986 is the two hundredth anniversary of the first call for a Federal constitutional convention; Whereas 1986 is the year of the rededication of the Statue of Liberty; and Whereas the two hundredth anniversary of the first call for a Federal constitutional convention is an appropriate occasion to

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 PUBLIC LAW 99-193—DEC. 19, 1985

99 STAT. 1331

commemorate the flag as the symbol of American heritage for which the Constitution serves as foundation and the Statue of Liberty serves as beacon: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That 1986 is designated the "Year of the Flag". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such year with appropriate ceremonies and activities. Approved December 19, 1985.

^/y

•hitC

LEGISLATIVE HISTORY—H.J. Res. 424 (S.J. Res. 242): CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 3, considered and passed House. Dec. 5, considered and passed Senate.

01

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PUBLIC LAW 99-194—DEC. 20, 1985

Public Law 99-194 99th Congress An Act Dec. 20, 1985 [S. 1264] Arts, Humanities, and Museums Amendments of 1985. Cultural programs. 20 USC 951 note.

To amend the National Foundation on the Arts and the Humanities Act of 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Arts, Humanities, and Museums Amendments of 1985". TITLE I—AMENDMENTS TO NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ACT OF 1965 SEC. 101. TECHNICAL AMENDMENT; SHORT TITLE.

98 Stat. 223.

The National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951 et seq.) is amended— (1) by striking out "TITLE I—ENDOWMENTS FOR ARTS AND HUMANITIES", and

20 USC 951 note.

(2) in section 1 by striking out "title' and inserting in lieu thereof "Act". SEC. 102. DECLARATION OF PURPOSE.

98 Stat. 223.

Schools and colleges.

Section 2 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951) is amended— (1) in clause (2) by striking out "man's", (2) in clause (3)— (A) by inserting ", and access to the arts and the humanities," after "education", and (B) by striking out "men" and inserting in lieu thereof "people of all backgrounds and wherever located", (3) in clause (7) by striking out "and" at the end thereof, (4) by redesignating clause (8) as clause (9), and (5) by inserting after clause (7) the following new clause: "(8) that Americans should receive in school, background and preparation in the arts and humanities to enable them to recognize and appreciate the aesthetic dimensions of our lives, the diversity of excellence that comprises our cultural heritage, and artistic and scholarly expression; and". SEC. 103. DEFINITIONS.

Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is amended— (1) in subsection (a)— (A) by inserting "and interpretation" after "study" the first place it appears, and (B) by inserting "to reflecting our diverse heritage, traditions, and history and" after "particular attention", and

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99 STAT. 1333

(2) in subsection (d)(2)— (A) by inserting "for purposes of sections 5(1) and 7(h) only," after "(2)", (B) by inserting "or humanistic" after "artistic", and (C) by inserting "and the National Council on the Humanities, as the case may be," after "the National Council on the Arts". SEC. 104. ESTABLISHMENT OF A NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES.

Section 4(a) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 953(a)) is amended— (1) by striking out "Humanities,," and inserting in lieu thereof "Humanities,", and (2) by striking out "(hereinafter established)".

98 Stat. 223.

SEC. 105. ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE ARTS.

Section 5 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954) is amended— (1) in subsection (b)(1) by striking out "chairman" and inserting in lieu thereof "chairperson"; (2) in subsection (c)— (A) by redesignating clauses (4), (5), and (6) as clauses (6), (7), and (8), respectively, and (B) by inserting after clause (3) the following new clauses: "(4) projects and productions which have substantial artistic Minorities. and cultural significance and that reach, or reflect the culture of, a minority, inner city, rural, or tribal community; "(5) projects and productions that will encourage public knowledge, understanding, and appreciation of the arts;", (C) by striking out "clause (5)" in the second sentence of such subsection and inserting in lieu thereof "clause (8)", and (D) by adding at the end thereof the following: "In selecting individuals and groups of exceptional talent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give particular regard to artists and artistic groups that have traditionally been underrepresented."; (3) in subsection (g)(2)— (A) in clause (B) by striking out "and" at the end thereof, (B) in clause (C) by striking out the period at the end thereof and inserting in lieu thereof ", including a description of the progress made toward achieving the goals of the State plan;', and (C) by inserting after clause (C) the following new clauses: "(D) provides— "(i) assurances that the State agency has held, after reasonable notice, public meetings in the State to allow all groups of artists, interested organizations, and the public to present views and make recommendations regarding the State plan; and "(ii) a summary of such recommendations and the State agency's response to such recommendations; and "(E) contains— "(i) a description of the level of participation during the previous 2 years by artists, artists organizations, and arts

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 99 STAT. 1334

Prohibition.

Education.

Ante, p. 1332.

Report.

PUBLIC LAW 99-194—DEC. 20, 1985

organizations in projects and productions for which financial assistance is provided under this subsection; "(ii) a description of the extent to which projects and productions receiving financial assistance under this subsection are available to all people and communities in the State; and "(iii) a description of projects and productions receiving financial assistance under this subsection that exist or are being developed to secure wider participation of artists, artists' organizations, and arts organizations identified under clause (i) of this subparagraph or that address the availability of the arts to all people or communities identified under clause (ii) of this subparagraph. No application may be approved unless the accompanying plan satisfies the requirements specified in this subsection."; (4) in subsection (i) by striking out "he" and inserting in lieu thereof "the Secretary of Labor'; (5) in subsection (1)(1)(D)— (A) by inserting "and local arts agencies" after "local arts groups', and (B) by striking out "including support of professional artists in community-based residencies;" and inserting in lieu thereof the following: "including— "(i) support of professional artists in community based residencies; "(ii) support of rural arts development; "(iii) support of and models for regional, statewide, or local organizations to provide technical assistance to cultural organizations and institutions; "(iv) support of and models for visual and performing arts touring; and "(v) support of and models for professional staffing of arts organizations and for stabilizing and broadening the financial base for arts organizations;'; (6) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson"; (7) by striking out "his" each place it appears and inserting in lieu thereof "the Chairperson's'; and (8) by adding at the end thereof the following new subsection: "(m) 'The Chairperson of the National Endowment for the Arts shall, in consultation with State and local agencies, relevant organizations, and relevant Federal agencies, develop a practical system of national information and data collection on the arts, artists and arts groups, and their audiences. Such system shall include artistic and financial trends in the various artistic fields, trends in audience participation, and trends in arts education on national, regional, and State levels. Such system shall also include information regarding the availability of the arts to various audience segments, including rural communities. Not later than one year after the date of the enactment of the Arts, Humanities, and Museums Amendments of 1985, the Chairperson shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a plan for the development and implementation of such system, including a recommendation regarding the need for any additional funds to be appropriated to develop and implement such system. Such system shall be used, along with a summary of the data

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 PUBLIC LAW 99-194—DEC. 20, 1985

99 STAT. 1335

submitted with State plans under subsection (g), to prepare a periodic report on the state of the arts in the Nation. The state of the Report, arts report shall include a description of the availability of the Endowment's programs to emerging, rural, and culturally diverse artists, arts organizations, and communities and of the participation by such artists, organizations, and communities in such programs. The state of the arts report shall be submitted to the President and Report, the Congress, and provided to the States, not later than October 1, 1988, and biennially thereafter.". SEC. 106. NATIONAL COUNCIL ON THE ARTS.

Section 6 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 955) is amended— (1) in subsection (b)— (A) by striking out "Chairman" the first place it appears and inserting in lieu thereof "Chairperson", (B) by striking out "Chairman of the Council" and inserting in lieu thereof "Chairperson of the Council", (C) in clause (1)— (i) by inserting "(A)" after "who", and (ii) by inserting before the semicolon at the end thereof the following: "and (B) have established records of distinguished service, or achieved eminence, in the arts", (D) in the last sentence by striking out "him" and inserting in lieu thereof "the President", and (E) by adding at the end thereof the following: "In making such appointments, the President shall give due regard to equitable representation of women, minorities, and individuals with disabilities who are involved in the arts."; (2) in subsection (c) by striking out "his" each place it appears and inserting in lieu thereof "such member's"; (3) in subsection (d) by striking out "Chairman" and inserting in lieu thereof "Chairperson"; (4) in subsection (e) by striking out "Chairman" and inserting in lieu thereof "Chairperson"; and (5) in subsection (f)— (A) in the first sentence by striking out "his" and inserting in lieu thereof "the Chairperson's", (B) in the second sentence by striking out "he" and inserting in lieu thereof "the Chairperson", (C) in the third sentence by striking out "$17,500" and inserting in lieu thereof "$30,000", and (D) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson". SEC. 107. ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE HUMANITIES.

Section 7 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956) is amended— (1) in subsection (b)— (A) in paragraph (1) by striking out "chairman" and inserting in lieu thereof "chairperson", and (B) in paragraph (2) by striking out "his" each place it appears and inserting in lieu thereof "the Chairperson's"; (2) in subsection (c)— 51-194 O

QL. 3

Part 2

98 Stat. 224.

President of U.S. Discrimination, prohibition.

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 99 STAT. 1336

Research and development. Minorities.

Education.

PUBLIC LAW 99-194—DEC. 20, 1985

(A) by redesignating clauses (4), (5), (6), and (7) as clauses (6), (7), (8), and (9), respectively, and (B) by inserting after clause (3) the following new clauses: "(4) initiate and support programs and research which have Substantial scholarly and cultural significance and that reach, QJ. reflect the diversity and richness of our American cultural heritage, including the culture of, a minority, inner city, rural, or tribal community; "(5) foster international programs and exchanges;", (C) in clause (3) by striking out "workships" and inserting in lieu thereof "workshops", (D) by striking out "clause (6)" in the second sentence of such subsection and inserting in lieu thereof "clause (8)", and (E) by adding at the end thereof the following: "In selecting individuals and groups of exceptional talent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give particular regard to scholars, and educational and cultural institutions, that have traditionally been underrepresented."; (3) in subsection (f)— (A) in paragraph (2)(A)— (i) in the first sentence by striking out "the Arts and Humanities Act of 1980" and inserting in lieu thereof "the Arts, Humanities, and Museums Amendments of 1985", (ii) in clause (ii) by inserting "officer" after "chief executive" each place it appears, (iii) in clause (v) by striking out "and" at the end thereof, (iv) in clause (vi) by striking out the period at the end thereof and inserting in lieu thereof ", including a description of the progress made toward achieving the goals of the State plan;", and (v) by inserting after clause (vi) the following new clauses: "(vii) provides— "(I) assurances that the State agency has held, after reasonable notice, public meetings in the State to allow scholars, interested organizations, and the public to present views and make recommendations regarding the State plan; and "(II) a summary of such recommendations and of the response of the State agency to such recommendations; and "(viii) contains— "(I) a description of the level of participation during the previous two years by scholars and scholarly organizations in programs receiving financial assistance under this subsection; "(II) a description of the extent to which the programs receiving financial assistance under this subsection are available to all people and communities in the State; and "(III) a description of programs receiving financial assistance under this subsection that exist or are being developed to secure wider participation of scholars and scholarly organizations identified under subclause (I) of this clause or that address the availability of the humanities to all people

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 PUBLIC LAW 99-194—DEC. 20, 1985

99 STAT. 1337

or communities identified under subclause (II) of this clause. No application may be approved unless the accompanying plan satisfies the requirements specified in this subsection."; (B) in paragraph (2)(B)(i)— (i) by striking out "four" and inserting in lieu thereof "six", and (ii) by striking out "20 per centum" and inserting in lieu thereof "25 per centum", (C) in paragraph (3)— (i) in clause (G) by striking out "and" at the end thereof, (ii) in clause (H) by striking out the period at the end thereof and inserting in lieu thereof ", including a description of the progress made toward achieving the goals of the plan;", and (iii) by inserting after clause (H) the following new clauses: "(I) provides— "(i) assurances that the grant recipient has held, after reasonable notice, public meetings in the State to allow scholars, interested organizations, and the public to present views and make recommendations regarding the plan; and "(ii) a summary of such recommendations and of the response of the grant recipient to such recommendations; and "(J) contains— "(i) a description of the level of participation during the previous two years by scholars and scholarly organizations in programs receiving financial assistance under this subsection; "(ii) a description of the extent to which the programs receiving financial assistance under this subsection are available to all people and communities in the State; and "(iii) a description of programs receiving financial assistance under this subsection that exist or are being developed to secure wider participation of scholars and scholarly organizations identified under clause (i) of this subparagraph or that address the availability of the humanities to all people or communities identified under clause (ii) of this subparagraph. No application may be approved unless the accompanying plan satisfies the requirements specified in this subsection."; (4) by striking out the last sentence of subsection (g) and inserting in lieu thereof "The Secretary of Labor shall prescribe standards, regulations, and procedures necessary to carry out this subsection not later than 180 days after the date of the enactment of the Arts, Humanities, and Museums Amendments of 1985."; (5) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson"; and (6) by adding at the end thereof the following new subsections: "(j) It shall be a condition of the receipt of any grant under this section that the group or individual of exceptional talent or the State, State agency, or entity receiving such grant furnish adequate assurances to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on construction projects

Prohibition.

Grants.

Prohibition. Regulations.

Grants. State and local governments.

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 99 STAT. 1338

5 USC app. Education.

Report. Report.

Report.

Report. Regulation.

assisted under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). "(k) The Chairperson of the National Endowment for the Humanities shall, in consultation with State and local agencies, other relevant organizations, and relevant Federal agencies, develop a practical system of national information and data collection on the humanities, scholars, educational and cultural groups, and their audiences. Such system shall include cultural and financial trends in the various humanities fields, trends in audience participation, and trends in humanities education on national, regional, and State levels. Not later than one year after the date of the enactment of the Arts, Humanities, and Museums Amendments of 1985, the Chairperson shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a plan for the development and implementation of such system, including a recommendation regarding the need for any additional funds to be appropriated to develop and implement such system. Such system shall be used, along with a summary of the data submitted with plans under subsection (f), to prepare a report on the state of the humanities in the Nation. The state of the humanities report shall include a description of the availability of the Endowment's programs to emerging and culturally diverse scholars, cultural and educational organizations, and communities and of the participation of such scholars, orgsmizations, and communities in such programs. The state of the humanities report shall be submitted to the President and the Congress, and provided the States, not later than October 1, 1988, and biennially thereafter. "(1) Not later than January 31, 1986, the Chairperson of the National Endowment for the Humanities shall transmit to the Equal Employment Opportunity Commission each plan and each report required under any regulation or management directive that is issued by the Commission and is in effect on such date of enactment.. SEC.

98 Stat. 224.

PUBLIC LAW 99-194—DEC. 20, 1985

108. ESTABLISHMENT HUMANITIES.

OF THE NATIONAL

COUNCIL

ON THE

Section 8 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 957) is amended— (1) in subsection (b)— (A) in the first sentence by striking out "Chairman of the National Endowment for the Humanities, who shall be the Chairman" and inserting in lieu thereof "Chairperson of the National Endowment for the Humanities, who shall be the Chairperson", (B) in the second sentence by striking out "selected on the basis o f and inserting in lieu thereof "individuals who (1) are selected from among private citizens of the United States who are recognized for their broad knowledge of, expertise in, or commitment to the humanities, and (2) have established records of, and

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 PUBLIC LAW 99-194—DEC. 20, 1985

99 STAT. 1339

(C) by adding at the end thereof the following: "In making such appointments, the President shall give due regard President of U.S. to equitable representation of women, minorities, and individuals Discrimination, with disabilities who are involved in the humanities."; prohibition. (2) in subsection (c) by striking out "his" each place it appears and inserting in lieu thereof "such member's"; (3) in subsections (d), (e), and (f) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson"; and (4) in subsection (f)— (A) in the first sentence by striking out "his" and inserting in lieu thereof "the Chairperson's", and (B) in the second sentence by striking out "he" and inserting in lieu thereof "the Chairperson". SEC. 109. ESTABLISHMENT OF THE FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES.

Section 9 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 958) is amended— 98 Stat. 224. (1) in subsection (h)— (A) in the first sentence by striking out "Chairman of the National Endowment for the Arts, the Chairman of the National Endowment for the Humanities" and inserting in lieu thereof "Chairperson of the National Endowment for the Arts, the Chairperson of the National Endowment for the Humanities", (B) in the second sentence by striking out "Chairman" and inserting in lieu thereof "presiding officer", and (C) in the last sentence by striking out "he" and inserting in lieu thereof "the President"; (2) in subsection (c)(1) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson"; and (3) by striking out subsections (d) and (e) and inserting in lieu thereof the following new subsection: "(d) The Council shall conduct a study to determine— Study. "(1) the nature and level of Federal support provided to museums; "(2) the areas in which such support overlaps or is inadequate, particularly in case of emerging museums; "(3) the impact of the Institute of Museum Services in carrying out its stated purpose; and "(4) the impact and nature of conservation and preservation Conservation. programs being carried out under this Act and other Federal laws and the areas in which such programs overlap or are inadequate.". SEC. 110. ADMINISTRATIVE PROVISIONS.

Section 10 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959) is amended— (1) in subsection (a)— (A) in the matter preceding clause (1) by striking out "Chairman of the National Endowment for the Arts and the Chairman of the National Endowment for the Humanities" and inserting in lieu thereof "Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities", (B) in clause (1)—

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 99 STAT. 1340

Prohibition.

Reports.

PUBLIC LAW 99-194—DEC. 20, 1985

(i) by striking out "he" and inserting in lieu thereof "the Chairperson", and (ii) by striking out "his" and inserting in lieu thereof "the Chairperson's", (C) in clause (2) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson", (D) in clause (3) by striking out "his" and inserting in lieu thereof "the Chairperson's", (E) in clause (4) by striking out "section 15" and all that follows through "representation" and inserting in lieu thereof "section 3109 of title 5, United States Code", (F) in the matter following clause (8) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson", and (G) by adding at the end thereof the following: "In selecting panels of experts under clause (4) to review and make recommendations with respect to the approval of applications for financial assistance under this Act, each Chairperson shall appoint individuals who have exhibited expertise and leadership in the field under review, who broadly represent diverse characteristics in terms of aesthetic or humanistic perspective, and geographical factors, and who broadly represent cultural diversity. Each Chairperson shall assure that the membership of panels changes substantially from year to year, and that no more than 20 per centum of the annual appointments shall be for service beyond the limit of three consecutive years on a subpanel. In making appointments, each Chairperson shall give due regard to the need for experienced as well as new members on each panel. Panels of experts appointed to review or make recommendations with respect to the approval of applications or projects for funding by the National Endowment for the Arts shall, when reviewing such applications and projects, recommend for funding only applications and projects that in the context in which they are presented, in the experts' view, foster excellence, are reflective of exceptional talent, and have significant literary, scholarly, cultural, or artistic merit. Whenever there is pending an application submitted by an individual for financial assistance under section 5(c), such individual may not serve as a member of any subpanel (or panel where a subpanel does not exist) before which such application is pending. The prohibition described in the previous sentence shall commence on the date the application is submitted and continue for so long as the application is pending."; (2) in subsection (b) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson"; and (3) by striking out subsection (d) and inserting in lieu thereof the following new subsections: "(d)(1) The Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities shall conduct a post-award evaluation of projects, productions, and programs for which financial assistance is provided by their respective Endowments under sections 5(c) and 7(c). Such evaluation may include an audit to determine the accuracy of the reports required to be submitted by recipients under clauses (i) and (ii) of paragraph (2)(A). As a condition of receiving such financial assistance, a recipient shall comply with the requirements specified in paragraph (2) that are applicable to the project, production, or program for which such financial assistance is received.

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 PUBLIC LAW 99-194—DEC. 20, 1985

99 STAT. 1341

"(2)(A) The recipient of financial assistance provided by either of the Endowments shall submit to the Chairperson of the Endowment involved— "(i) a financial report containing such information as the Report Chairperson deems necessary to ensure that such financial assistance is expended in accordance with the terms and conditions under which it is provided; "(ii) a report describing the project, production, or program Report. carried out with such finsincial assistance; and "(iii) if practicable, as determined by the Chairperson, a copy of such project, production, or program. "(B) Such recipient shall comply with the requirements of this paragraph not later than 90 days after the end of the period for which such financial assistance is provided. The Chairperson may extend the 90-day period only if the recipient shows good cause why such an extension should be granted. "(3) If such recipient substantially fails to satisfy the purposes for which such financial assistance is provided and the criteria specified in the last sentence of subsection (a), as determined by the Chairperson of the Endowment that provided such financial assistance, then such Chairperson may— "(A) for purposes of determining whether to provide any subsequent financial assistance, take into consideration the results of the post-award evaluation conducted under this subsection; "(B) prohibit the recipient of such financial assistance to use the name of, or in any way associate such project, production, or program with the Endowment that provided such financial assistance; and "(C) if such project, production, or program is published, require that the publication contain the following statement: 'The opinions, findings, conclusions, and recommendations expressed herein do not reflect the views of the National Endowment for the Arts or the National Endowment for the Humanities.'. "(e)(1) The Chairperson of the National Endowment for the Arts Study. and the Chairperson of the National Endowment for the Human- Education. ities, with the cooperation of the Secretary of Education, shall Schools and colleges. conduct jointly a study of— "(A) the state of arts education and humanities education, as currently taught in the public elementary and secondary schools in the United States; and "(B) the current and future availability of qualified instructional personnel, and other factors, affecting the quality of education in the arts and humanities in such schools. "(2) The Endowments shall consult with the Committee on Labor Study. and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives in the design and implementation of the study required by this subsection. "(3) Not later than two years after the date of the enactment of Report. the Arts, Humanities, and Museums Amendments of 1985, the Education. Endowments shall submit to the President, the Congress, and the States a report containing— "(A) the findings of the study under paragraph (1); "(B) the Endowments' views of the role of the arts and humanities in elementary and secondary education;

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 99 STAT. 1342

c-

Report.

PUBLIC LAW 99-194—DEC. 20, 1985

"(C) recommendations designed to encourage making arts and humanities education available throughout elementary and secondary schools; "(D) recommendations for the participation by the National Endowment for the Arts and the National Endowment for the Humanities in arts education and humanities education in such schools; and "(E) an evaluation of existing policies of the National Endowment for the Arts and the National Endowment for the Humanities that expressly or inherently affect the Endowments' abilities to expand such participation. "(f) Not later than October 1, 1987, each Endowment shall submit to the Congress a report detailing the procedures used in selecting experts for appointment to panels and the procedures applied by panels in making recommendations with respect to approval of applications for financial assistance under this Act, including procedures to avoid possible conflicts of interest which may arise in providing financial assistance under this Act.". SEC. 111. AUTHORIZATION OF APPROPRIATIONS. (a) FUNDS AUTHORIZED FOR PROGRAM GRANTS.—Section 11(a)(1) of

98 Stat. 224.

the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)(1)) is amended— (1) in subparagraph (A) by striking out "$115,500,000" and all that follows through "1985" and inserting in lieu thereof "$121,678,000 for fiscal year 1986, $123,425,120 for fiscal year 1987, $128,362,125 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990"; and (2) in subparagraph (B) by striking out "$114,500,000" and all that follows through "1985" and inserting in lieu thereof "$95,207,000 for fiscal year 1986, $99,015,280 for fiscal year 1987, $102,975,891 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990;". (b)

.

FUNDS

AUTHORIZED

TO

MATCH

NON-FEDERAL

FUNDS

RECEIVED.—Section 11(a) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by striking out "October 1, 1985" and inserting in lieu thereof "October 1, 1990", and (ii) by striking out "$18,500,000" the first place it appears and all that follows through "1985" and inserting in lieu thereof "$8,820,000 for fiscal year 1986, $9,172,800 for fiscal year 1987, $9,539,712 for fiscal year

1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990", and < (B) in subparagraph (B)— (i) by striking out "October 1, 1985" and inserting in lieu thereof "October 1, 1990", (ii) in clause (ii) by inserting "and subgrantees" after "grantees" each place it appears, and (iii) by striking out "$12,500,000" and all that follows through "1985' and inserting in lieu thereof "$10,780,000 for fiscal year 1986, $11,211,200 for fiscal year 1987, $11,659,648 for fiscal year 1988, and such hnt ail sums as may be necessary for each of the fiscal years 1989 and 1990"; and

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 PUBLIC LAW 99-194—DEC. 20, 1985

99 STAT. 1343

(2) in paragraph (3)— (A) in subparagraph (A)— (i) by striking out "October 1, 1985" and inserting in lieu thereof "October 1, 1990", and (ii) by striking out "$27,000,000" and all that follows through "1985" and inserting in lieu thereof "$20,580,000 for fiscal year 1986, $21,403,200 for fiscal year 1987, $22,259,328 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990", (B) in subparagraph (B)— (i) by striking out "October 1, 1985" and inserting in lieu thereof "October 1, 1990", and (ii) by striking out "$30,000,000" and all that follows through "1985" and inserting in lieu thereof u {ia< "$19,600,000 for fiscal year 1986, $20,384,000 for fiscal year 1987, $21,199,360 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years ' ^etr 1989 and 1990", and (C) in subparagraph (C)— (i) by striking out "Chairman" and inserting in lieu thereof "Chairperson", and (ii) by striking out "he" and inserting in lieu thereof "the Chairperson"; and (3) in paragraph (4) by striking out "Chairman" each place it appears and by inserting in lieu thereof "Chairperson". (c) FUNDS AUTHORIZED FOR ADMINISTRATION OF PROGRAMS OF THE NATIONAL ENDOWMENTS.—Section 11(c) of the National Foundation

on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)) is amended— (1) in paragraph (1) by striking out "$14,000,000" and all that follows through "1985" and inserting in lieu thereof "$15,982,000 for fiscal year 1986, $16,205,280 for fiscal year 1987, $16,853,491 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990"; (2) in paragraph (2) by striking out "$13,000,000" and all that follows through "1985" and inserting in lieu thereof "$14,291,000 for fiscal year 1986, $14,446,640 for fiscal year 1987, $15,024,506 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990"; and (3) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson". (d) AUTHORIZATION MAXIMUMS.—Section

11 of

the

i

National

Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960) is amended— 98 Stat. 225. (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new suljsection: "(d)(1) The total a m o u n t of appropriations to c a r r y out the activities of the National Endowment for the A r t s shall not exceed— "(A) $167,060,000 for fiscal year 1986, "(B) $170,206,400 for fiscal year 1987, and "(C) $177,014,656 for fiscal year 1988. "(2) The total a m o u n t of appropriations to carry out the activities for the National Endowment for the Human i t i e s shall not exceed— "(A) $139,878,000 for fiscal year 1986, "(B) $145,057,120 for fiscal year 1987, and

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