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(D) by striking out "three hundred" in subsection (d)(1)(B) and inserting in lieu thereof "300". (42)(A) The heading of section 2734a is amended to read as lo use 2734a. follows: "§ 2734a. Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements". (B) The item relating to such section in the table of sections at the beginning of chapter 163 is amended to read as follows: "2734a. Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements.".

(43) Section 2777(c) is amended by striking out "of this section". (44) Section 2822(b)(3) is amended by striking out "section 2833" and inserting in lieu thereof "section 2832". (45)(A) Section 2857(b)(l) is amended by striking out "use of and all that follows through "the potential for" and inserting in lieu thereof "use of such forms of energy has the potential for". (B) The amendment made by subparagraph (A) shall take lo use 2857 effect as if it had been included in the amendments made by note. section 801 of Public Law 97-321. (46) Section 3579(a) is amended by striking out "subsection (c)" and inserting in lieu thereof "subsection (b)". (47) Section 5897(b)(5) is amended by striking out the semicolon at the end and inserting in lieu thereof a period. (48) The item relating to chapter 661 in the table of chapters at the beginning of subtitle C is amended to read as follows: "661. Accountability and Responsibility

7861".

(49) Section 7227(a) is amended— (A) by striking out "routine" both places it appears and inserting in lieu thereof "Routine"; (B) by striking out "miscellaneous" and inserting in lieu thereof "Miscellaneous"; (C) by striking out the semicolons at the end of clauses (1) and (2) and inserting in lieu thereof periods; and (D) by striking out "; and" at the end of clause (3) and inserting in lieu thereof a period. (50) Section 7421(b) is amended by striking out "naval petroleum reserves numbered 1 and 2" and inserting in lieu thereof "Naval Petroleum Reserves Numbered 1 and 2". (51) Section 7422(b) is amended by striking out "of this section". (52) Sections 7426(a), 7431(b)(1), and 7431(c) are amended by inserting "of this title" after "section 7422(c)". (53) Section 7430 is amended— (A) by striking out "of this section" in subsection (d)(4); (B) subsection (g)(2)— (i) by striking out "thirty days" and inserting in lieu thereof "30 days"; and (ii) by striking out "thirty day" and inserting in lieu thereof "30-day^; and (C) by striking out "of this section" both places it appears in subsection (1)(4). (54) Section 7572(b)(l)(B) is amended by striking out "onboard" and inserting in lieu thereof "on board".

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 98 STAT. 2626 10 USC 8851.

PUBLIC LAW 98-525—OCT. 19, 1984 (55) Section 8851(c) is amended by striking out "of this section". (56)(A) Sections 2127(b), 2388(c), and 6154 are amended by striking out "section 3324(a) and (b)" and inserting in lieu thereof "subsections (a) and (b) of section 3324". (B) Section 7522(b) is amended by striking out "Section 3324 (a) and (b) of title 31 does" and inserting in lieu thereof "Subsections (a) and (b) of section 3324 of title 31 do". (57) Section 9512(b)(l) is amended by inserting "App." after "49 U.S.C.". TITLE XV—GENERAL PROVISIONS PART A—DEFENSE FINANCIAL MATTERS TRANSFER AUTHORITY

Ante, p. 2510.

SEC. 1501. (a)(1) Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this Act between any such authorizations (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) The total amount of authorizations that the Secretary of Defense may transfer under the authority of this section may not exceed $2,000,000,000. (b) The authority provided by this section to transfer authorizations— (1) may only be used to provide authority for higher priority items than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this section. (d) Transfers between paragraphs of a subsection of section 301 may be made without regard to the requirements of this section. PART B—PROVISIONS RELATING TO SPECIFIC PROGRAMS

Establishment.

Report.

CHEMICAL WARFARE REVIEW COMMISSION

SEC. 1511. (a) The President shall establish a bipartisan commission to be known as the "Chemical Warfare Review Commission". The Commission shall review the overall adequacy of the chemical warfare posture of the United States with particular emphasis on the question of whether the United States should produce binary chemical munitions, and shall report its findings and recommendations to the President not later than April 1, 1985. In developing its recommendations, the Commission shall consider— (1) the relationship of chemical stockpile modernization by the United States with the ultimate goal of the United States of achieving a multilateral, comprehensive, and verifiable ban on chemical weapons; (2) the adequacy of the existing United States stockpile of unitary chemical weapons in providing a credible deterrent to

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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use by the Soviet Union of chemical weapons against United States and allied forces; (3) whether the binary chemical modernization program proposed by the Department of Defense is adequate to support United States national security policy by posing a credible deterrent to chemical warfare; and (4) the ability of defensive measures alone to meet the Soviet chemical warfare threat and the adequacy of funding for current and projected defensive measure programs. (b) The President shall submit to Congress the report of the Commission, together with the President's comments on the report. not later than April 1, 1985. RESTRICTION ON THE USE OF FUNDS FOR THE B-IB BOMBER AIRCRAFT PROGRAM

SEC. 1512. None of the funds appropriated pursuant to an authorization contained in this Act may be obligated or expended for the conduct of research, design, demonstration, development, or procurement of more than 100 B-IB bomber aircraft (including any derivative or modified version of such aircraft) unless the Secretary of Defense first notifies the Committees on Armed Services of the Senate and House of Representatives of the specific purpose for which the funds are proposed to be used and the amount proposed to be expended for that purpose. CONFIGURATION OF THE FFG-7 CLASS GUIDED MISSILE FRIGATE

SEC. 1513. The Secretary of the Navy may determine the configuration of the FFG-7 class guided missile frigate for which funds were appropriated in the Department of Defense Appropriation Act, 1984 (Public Law 98-212; 97 Stat. 1421), without regard to the provisions relating to the design of that frigate in the paragraph in title IV of that Act under the heading "SHIPBUILDING AND CONVERSION, NAVY". P R O H I B I T I O N A G A I N S T U S I N G F U N D S A P P R O P R I A T E D FOR THE ADVANCED

TECHNOLOGY BOMBER AND THE ADVANCED CRUISE MISSILE PROGRAMS FOR ANY OTHER PURPOSE

SEC. 1514. (a) It is the sense of Congress that— (1) the capabilities inherent in the technologies associated with the Advanced Technology Bomber program and the Advanced Cruise Missile program are a critical national security asset for maintaining an adequate and credible deterrent posture; (2) such technologies and programs should be developed as rapidly as feasible in order to produce and deploy advanced systems which will complicate the military planning of the Soviet Union and as a consequence enhance the deterrent posture of the United States; (3) such technologies and programs should be funded at the levels authorized in this Act; and (4) all the funds appropriated for such programs should be fully used for such programs. (b) None of the funds appropriated pursuant to an authorization of appropriations in this Act to carry out the Advanced Technology

President of U.S. Report.

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PUBLIC LAW 98-525—OCT. 19, 1984

Bomber program or the Advanced Cruise Missile program may be used for any other purpose. PART C—MISCELLANEOUS DEFENSE REPORTING REQUIREMENTS EXTENSION OF TIME FOR REPORT OF THE COMMISSION ESTABLISHED BY THE MILITARY JUSTICE ACT OF 1983

10 USC 867 note. SEC. 1521. Section 9(b)(4) of the Mihtary Justice Act of 1983 (Public 10 USC 867. Law 98-209; 97 Stat. 1404) is amended by striking out "the first day of the ninth calendar month that begins after the date of the enactment of this Act" and inserting in lieu thereof "December 15, 1984". STUDY OF FOREIGN SALES AND PROCUREMENT OF DEFENSE ARTICLES

Commerce and trade.

SEC. 1522. (a)(1) The Secretary of Defense, in consultation with the heads of other appropriate Federal agencies, shall carry out a study to assess how the adequacy of the industrial base of the United States in the event of a war or national emergency is affected— (A) by procurement by the Department of Defense of defense articles that are produced outside the United States or that are assembled from components, or fabricated from materials, produced outside the United States; and (B) by sales by the Department of Defense or commercial manufacturers of defense articles manufactured in the United States to purchasers outside the United States. (2) For the purposes of this section, the term "foreign-component defense article" means a defense article— (A) that was produced outside the United States; (B) that was assembled from over 50 percent components, or fabricated from over 50 percent materials, produced outside the United States; or (C) that contains a major component that was produced outside the United States. (b) The study under subsection (a) shall assess the effects of restrictions on the procurement of foreign-component defense articles on the overall United States balance of trade, on the balance of trade in defense articles, on treaties currently in effect, on the budgetary cost of national defense, on existing memoranda of understanding, on United States military alliances, and on efforts to increase the rationalization, standardization, and interoperability of articles used by North Atlantic Treaty Organization forces. (c) Restrictions to be considered for the purposes of subsection (b) shall include— (1) a prohibition on procurement of foreign-component defense articles; (2) a prohibition on procurement of a defense article (or a major component of a defense article) from a foreign source unless there is also a domestic producer of the article; (3) a prohibition on procurement of defense articles (and major components of defense articles) from a country with which the United States has an unfavorable balance of trade in defense articles; and (4) a prohibition on procurement of a defense article (or a major component of a defense article) from a foreign source of

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more than 50 percent of the total quantity of the defense article (or major component) to be procured. (d) The study under subsection (a) shall consider circumstances and requirements under a war or national emergency of both a brief duration and a long duration. (e) A report of the study under subsection (a) shall be submitted to the Committees on Armed Services of the Senate and House of Representatives not later than October 15, 1985.

Report.

REPORT ON USE OF AIR FORCE AIR REFUELING FLEET

SEC. 1523. Not later than March 1, 1985, the Secretary of the Air Force shall submit to the appropriate committees of Congress a report analyzing the planned operational use of the Air Forces air refueling fleet throughout the remainder of the 1980's. This study shall include the planned use of the air refueling fleet for the Single Integrated Operational Plan (SIOP) and shall consider the growing number of potential contingency operations throughout the global spectrum of conflict to include multiple and simultaneous global threats.

Study.

STUDY BY THE SECRETARY OF DEFENSE OF CURRENT AND POTENTIAL EXPLOITATION OF FOREIGN TECHNOLOGY BY THE DEPARTMENT OF DEFENSE

SEC. 1524. (a)(1) The Secretary of Defense shall conduct a comprehensive study on how the Department of Defense can most effectively benefit from technology obtained from both cooperative and noncooperative foreign sources. In carrying out the study, the Secretary shall specifically consider— (A) the existing and any planned organizational changes within the Department of Defense with respect to the office or offices responsible for collecting and disseminating foreign technology; (B) whether additional funding is needed, and could be used in a cost-effective manner, for the collection of foreign technology by the various elements of the Department of Defense responsible for collecting and disseminating that technology; and (C) an evaluation of the effectiveness of the current programs of the Department of Defense for collecting and disseminating foreign technology. (2) Not later than March 1, 1985, the Secretary shall submit to the Report. Committees on Armed Services of the Senate and House of Representatives a report containing the results of the study conducted under paragraph (1), together with such comments and recommendations as the Secretary considers appropriate. The Secretary shall also submit to such committees, at the same time as the report referred to in the preceding sentence is submitted, an unclassified report on the matters described in paragraph (1). (b) The Secretary of the Army may not transfer any of the functions now performed by the Foreign Science and Technology Center of the Material Development and Readiness Command of the Army to any other Office or agency within the Army until after the day on which the report referred to in subsection (a)(2) is received by the Committees on Armed Services of the Senate and House of Representatives,

31-194 0 - 86 - 9: QL.3 PartS

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 98 STAT. 2630

PUBLIC LAW 98-525—OCT. 19, 1984 REPORT ON AMERICANS UNACCOUNTED FOR OR MISSING IN INDOCHINA

Lao People's Democratic Republic. Socialist Republic of Vietnam. President of U.S.

President of U.S. Report.

SEC. 1525. (a) The Congress finds that— (1) the President has declared that the issue of the 2,483 Americans missing or otherwise unaccounted for in Indochina is an issue of the highest national priority and has initiated high level discussions with the Governments of the Lao People's Democratic Republic and the Socialist Republic of Vietnam on the issue; (2) the Congress, on a bipartisan basis, fully supports these initiatives and realizes that the fullest possible accounting of those Americans can only be achieved with the cooperation of those governments; (3) the Government of the Lao People's Democratic Republic has recently taken positive actions to assist the United States Government in resolving the status of those missing Americans; and (4) the Government of the Socialist Republic of Vietnam has pledged to cooperate with the Government of the United States in resolving this humanitarian issue, separate from other issues dividing the two countries. (b) The Congress strongly urges the President— (1) to ensure that officials of the United States Government conscientiously and fully carry out the pledge of the President to commit the full resources of the United States Government to resolve the issue of the 2,483 Americans still missing or otherwise unaccounted for in Indochina; (2) to pursue vigorously all reports concerning sightings of live Americans who may be among those missing or otherwise unaccounted for in Indochina; (3) to work to achieve the fullest possible accounting of all Americans missing or otherwise unaccounted for in Indochina; (4) to seek the immediate return of the remains of all Americans who have died in Indochina and whose remains have not been returned; and (5) to make every effort to secure the further cooperation of the Lao People's Democratic Republic and the Socialist Republic of Vietnam in resolving this humanitarian issue of fundamental importance. (c) The Congress calls upon the Socialist Republic of Vietnam and the Lao People's Democratic Republic to accelerate cooperation with the United States in achieving the fullest possible accounting for Americans still missing in Indochina. (d) Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report detailing actions being taken by the United States Government described in subsection (b). REPORT ON SAFETY IN THE ARMY

SEC. 1526. Not later than the end of the one-year period beginning on the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing current and planned programs related to safety of personnel in the Army. The report shall include safety involving training exercises and safety in the operation of Army equipment.

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Template:Federal Register/sandbox

 Federal Register

title: Template:Federal Register/sandbox


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REPORT ON ENHANCED MILITARY CAREER OPPORTUNITIES FOR NONPHYSICIAN HEALTH-CARE PROVIDERS

SEC. 1527. Not later than March 15, 1985, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing and evaluating a plan to enhance the military career opportunities of non-physician providers of health care. PART D—MISCELLANEOUS DEFENSE-RELATED MATTERS EXEMPTION FROM AUTHORITY TO INDUCT UNDER THE MILITARY SELECTIVE SERVICE ACT ANY PERSON WHOSE MOTHER WAS KILLED IN LINE OF DUTY

SEC. 1531. Section 6(o) of the Military Selective Service Act (50 U.S.C. App. 456(o)) is amended by inserting "or the mother" after "the father" in clauses (1) and (2). PROHIBITION OF UNAUTHORIZED USES OP MARINE CORPS INSIGNIA

SEC. 1532. (a)(1) Part IV of subtitle C of title 10, United States Code, is amended by adding at the end thereof the following new chapter:

"CHAPTER 663—NAMES AND INSIGNIA "Sec. "7881. Unauthorized use of Marine Corps insignia.

"§7881. Unauthorized use of Marine Corps insignia 10 USC 7881. "(a) The seal, emblem, and initials of the United States Marine Corps shall be deemed to be insignia of the United States. "(b) No person may, except with the written permission of the Secretary of the Navy, use or imitate the seal, emblem, name, or initials of the United States Marine Corps in connection with any promotion, goods, services, or commercial activity in a manner reasonably tending to suggest that such use is approved, endorsed, or authorized by the Marine Corps or any other component of the Department of Defense. "(c) Whenever it appears to the Attorney General of the United Law States that any person is engaged or is about to engage in an act or enforcement. practice which constitutes or will constitute conduct prohibited by subsection (b), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.". (2) The table of chapters at the beginning of such subtitle, and the table of chapters at the beginning of part IV of such subtitle, are amended by inserting after the item relating to chapter 661 the following new item: "663. Names and Insignia

7881".

(b) The amendments made by subsection (a) shall not affect rights lo use 7881 that vested before the date of the enactment of this Act. note.

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 98 STAT. 2632

PUBLIC LAW 98-525—OCT. 19, 1984 IMPROVED READINESS AND TRAINING OF THE CIVIL AIR PATROL THROUGH PROVISION OF CERTAIN ADDITIONAL FEDERAL SERVICES

SEC. 1533. (a) Subsection (b) of section 9441 of title 10, United States Code, relating to support of the Civil Air Patrol by the Air Force, is amended— (1) by striking out "and" at the end of clause (7); (2) by striking out the period at the end of clause (8) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new clauses: "(9) authorize the payment of expenses of placing into serviceable condition a major item of equipment furnished to the Civil Air Patrol under clause (1); "(10) authorize the purchase with funds appropriated to the Air Force of such major items of equipment as the Secretary considers needed by the Civil Air Patrol to carry out its missions; and "(11) furnish articles of the Air Force uniform to Civil Air Patrol cadets without cost to such cadets.". (b)(1) Chapter 909 of such title is amended by adding at the end thereof the following new section: 10 USC 9442.

"§ 9442. Assistance by other agencies "The Secretary of the Air Force may arrange for the use by the Civil Air Patrol of such facilities and services under the jurisdiction of the Secretary of the Army, the Secretary of the Navy, or the head of any other department or agency of the United States as the Secretary of the Air Force considers to be needed by the Civil Air Patrol to carry out its mission. Any such arrangement shall be made under regulations prescribed by the Secretary of the Air Force with the approval of the Secretary of Defense and shall be subject to the agreement of the other military department or other department or agency of the United States furnishing the facilities or services.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "9442. Assistance by other agencies.".

Effective date. 10 USC 9441

(c) The amendments made by this section shall take effect on October 1, 1984.

note. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN INTERNATIONAL SPORTS ACTIVITIES

SEC. 1534. Section 717 of title 10, United States Code, relating to participation by members of the armed forces in international sports, is amended— (1) by striking out the semicolon at the end of subsection (a)(D and inserting in lieu thereof "and qualifying events and preparatory competition for those games;"; (2) by striking out "that competition" in subsection (a)(2) and inserting in lieu thereof "that competition, and qualifying events and preparatory competition for that competition"; (3) by striking out "(c), (d), and (e)" in subsection (b) and inserting in lieu thereof "(c) and (d)"; (4) by striking out "Not more than $800,000" in subsection (c) and inserting in lieu thereof "(1) Not more than $3,000,000";

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(5) by striking out "(d)" before "Not more than $100,000" and inserting in lieu thereof "(2)"; (6) by striking out "March 14, 1955" both places it appears and inserting in lieu thereof "October 1, 1980"; and (7) by redesignating subsection (e) as subsection (d). INSTRUCTION OF FOREIGN OFFICERS AT THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

SEC. 1585. Section 2114 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(e)(1) The Board, upon approval of the Secretary of Defense, may enter into agreements with foreign military medical schools for reciprocal education programs under which students at the University receive specialized military medical instruction at the foreign military medical school and military medical personnel of the country of such medical school receive specialized military medical instruction at the University. Any such agreement may be made on a reimbursable basis or a nonreimbursable basis. "(2) Not more than 40 persons at any one time may receive instruction at the University under this subsection. Attendance of such persons at the University may not result in a decrease in the number of students enrolled in the University. Subsection (b) does not apply to students receiving instruction under this subsection. "(3) The Dean of the University, with the approval of the Secretary of Defense, shall determine the countries from which persons may be selected to receive instruction under this subsection and the number of persons that may be selected from each country. The Dean may establish qualifications and methods of selection and shall select those persons who will be permitted to receive instruction at the University. The qualifications established shall be comparable to those required of United States citizens. "(4) Each foreign country from which a student is permitted to receive instruction at the University under this subsection shall reimburse the United States for the cost of providing such instruction, unless such reimbursement is waived by the Secretary of Defense. The Secretary of Defense shall prescribe the rates for reimbursement under this paragraph. "(5) Except as the Dean determines, a person receiving instruction at the University under this subsection is subject to the same regulations governing attendance, discipline, discharge, and dismissal as a student enrolled in the University. The Secretary may prescribe regulations with respect to access to classified information by a person receiving instruction under this subsection that differ from the regulations that apply to a student enrolled in the University.".

Reimbursement.

Confidentiality. Regulations.

COMMISSION ON MERCHANT MARINE AND DEFENSE

SEC. 1536. (a) There is hereby established a commission to be known as the Commission on Merchant Marine and Defense (hereinafter in this section referred to as the "Commission"). (b) The Commission shall study problems relating to transportation of cargo and personnel for national defense purposes in time of war or national emergency, the capability of the United States merchant marine to meet the need for such transportation, and the adequacy of the shipbuilding mobilization base of the United States

Establishment. 46 USC app. 1120 note. Study. Transportation.

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 98 STAT. 2634

Reports.

5 USC 5315.

5 USC 5315.

5 USC 5101 et seq., 5331.

PUBLIC LAW 98-525—OCT. 19, 1984

to meet the needs of naval and merchant ship construction in time of war or national emergency. Based on the results of the study, the Commission shall make such specific recommendations, including recommendations for legislative action, action by the executive branch, and action by the private sector, as the Commission considers appropriate to foster and maintain a United States merchant marine capable of meeting national security requirements. The recommendations of the Commission shall be provided in the reports of the Commission due on September 30, 1985, and September 30, 1986, under subsection (g). (c)(1) The Commission shall be composed of seven members, as follows: (A) The Secretary of the Navy (or his delegate), who shall be the chairman of the Commission. (B) The Administrator of the Maritime Administration (or his delegate). (C) Five members appointed by the President, by and with the advice and consent of the Senate, from among individuals of recognized stature and distinction who by reason of their background, experience, and knowledge in the fields of merchant ship operations, shipbuilding and its supporting industrial base, maritime labor, and defense matters are particularly suited to serve on the Commission, (2) A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Appointments may be made under paragraph (1)(C) without regard to section 5311(b) of title 5, United States Code. Members appointed under such paragraph shall be appointed for the life of the Commission. (3) Four members of the Commission shall constitute a quorum, but a lesser number may hold hearings. The Commission shall meet at the call of the chairman. (d) Members of the Commission appointed under subsection (c)(l)(C) may each be paid at a rate equal to the daily equivalent of the rate of basic pay payable for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of the business of the Commission. Other members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (e)(l) The Commission may (without regard to section 5311(b) of title 5, United States Code) appoint an executive director, who shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule. (2) The Commission may appoint such additional staff as it considers appropriate. Such personnel shall be paid at a rate not to exceed the rate of basic pay payable for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code. (3) The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the executive branch and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (4) The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (fKD The Secretary of the Navy and the Administrator of the Maritime Administration may detail personnel under their jurisdic-

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98 STAT. 2635

tion to the Commission to assist the Commission in carrying out its duties under this section. (2) The Secretary of the Navy and the Administrator of the Maritime Administration may provide to the Commission such administrative support services as the Commission may require. (g) Not later than June 30, 1985, and June 30, 1986, the Commission shall submit to the President and to Congress a report containing its findings of fact and its conclusions. Not later than September 30, 1985, and September 30, 1986, the Commission, based upon those findings and conclusions, shall prepare a report containing the recommendations of the Commission as specified in subsection (b) and shall submit the report to the President and Congress. Each such report shall be prepared without any prior review or approval by any official of the executive branch (other than the members and staff of the Commission). (h) The Commission shall cease to exist 90 days after the date on which the final report of the Commission under subsection (g) is submitted to the President and the Congress. (i) There is authorized to be appropriated for fiscal years 1985, 1986, and 1987, a total of $1,500,000 to carry out this section. Any amount appropriated under this subsection shall remain available until September 30, 1987.

Reports.

Termination date. Appropriation authorization.

DEPARTMENT OF DEFENSE AIR TRAFFIC CONTROLLERS

SEC. 1537. (a) Section 4109(c) of title 5, United States Code, is amended by inserting "and the Secretary of Defense may pay an individual training to be an air traffic controller of the Department of Defense," after of such Administration,". (b) Section 5532(f) of such title is amended— (1) in paragraph (1) by inserting "or of the Secretary of Defense" after "Administrator, Federal Aviation Administration,"; and (2) in paragraph (2)— (A) by inserting "or the Secretary of Defense" after "Administrator, Federal Aviation Administration,"; and (B) by inserting "or such Secretary, respectively" before the period. (c)(1) Subsection (a) of section 5546a of such title is amended— (A) by inserting "and the Secretary of Defense (hereafter in this section referred to as the 'Secretary')" after "referred to as the 'Administrator')"; (B) in paragraph (1) by inserting "or the Department of Defense" after "Federal Aviation Administration and by inserting "or the Secretary" after "by the Administrator"; and (C) in paragraph (2) by inserting "or the Department of Defense" after "Federal Aviation Administration" and by inserting "or the Secretary" after "determined by the Administrator''. (2) Subsection (c)(1) of such section is amended— (A) by inserting "or the Secretary" after "Administrator" both places it appears; and (B) by inserting "or the Department of Defense" after "Federal Aviation Administration'; (3) Subsection (d) of such section is amended— (A) in paragraph (1) by inserting "or the Secretary" after "Administrator" both places it appears and inserting "or the

5 USC 5532.

5 USC 5546a.

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text:
What Wisdom Sows

The Owl overheard the Nightingale Singing to the Rose, And ever since, he's mute and pale, Meandering over hell and dale Where're the love-wind blows. He cannot sleep He cannot even reap, In the field of night, what wisdom sows.

title: What Wisdom Sows


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 98 STAT. 2636

5 USC 5547. 5 USC 8344.

Effective date. 5 USC 4109 note.

PUBLIC LAW 98-525—OCT. 19, 1984

Department of Defense" after "Federal Aviation Administration"; and (B) in paragraph (2) by inserting "or the Department of Defense" after "Federal Aviation Administration". (4) Subsection (e)(1) of such section is amended— (A) by inserting "or the Secretary" after "Administrator"; and (B) by inserting "or the Department of Defense" after "Federal Aviation Administration'. (5) Subsection (f) of such section is amended— (A) in paragraph (1) by inserting "or the Secretary" after "Administrator" and by inserting or the Department of Defense" after "Federal Aviation Administration"; and (B) in paragraph (2) by inserting "and the Secretary" after "Administrator". (6)(A) The heading of such section is amended by inserting at the end thereof "and the Department of Defense". (B) The item relating to section 5546a in the analysis of chapter 55 of such title is amended by inserting "and the Department of Defense" before the period. (d) Section 5547 of such title is amended by inserting "or the Department of Defense" after "Federal Aviation Administration". (e) Section 8344(h)(1) of such title is amended by inserting "or the Secretary of Defense" after "Administrator, Federal Aviation Administration,". (f) The amendments made by this section shall take effect on October 1, 1984. SALE OF AMMUNITION FOR AVALANCHE-CONTROL PURPOSES

Contracts. 10 USC 4657.

SEC. 1538. (a)(1) Chapter 441 of title 10, United States Code, is amended by adding at the end thereof the following new section: ''§ 4657. Sale of ammunition for avalanche-control purposes "Subject to the needs of the Army, the Secretary of the Army may sell ammunition for military weapons which are used for avalanchecontrol purposes to any State (or entity of a State) or to any other non-Federal entity that has been authorized by a State to use those weapons in that State for avalanche-control purposes. Sales of ammunition under this section shall be on a reimbursable basis and shall be subject to the condition that the ammunition be used only for avalanche-control purposes.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "4657. Sale of ammunition for avalanche-control purposes.".

Effective date. 10 USC 4657 note.

(b) Section 4657 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1984. SUPPLEMENTAL INFORMATION TO THE ENVIRONMENTAL IMPACT STATEMENT OF THE NAVY ON THE PROPOSED TRANSFER OF CERTAIN PERSONNEL

SEC. 1539. In addition to any other requirement regarding an environmental impact statement prepared by the Secretary of the Navy in connection with the 1981 Navy master plan to vacate leased space by transferring military and civilian personnel of the Department of the Navy from Arlington County, Virginia, to the Washing-

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ton Navy Yard in Washington, District of Columbia, the Secretary of the Navy shall also prepare as a supplement to such impact statement a detailed analysis with respect to the following matters: (1) The socio-economic impact on the area from which the transfer is proposed to be made. (2) The impact of the proposed transfer on the traffic capacity of bridges over the Potomac River and the Anacostia River. (3) The impact of the proposed transfer on shuttle requirements of the Department of Defense. (4) The overall impact of the proposed transfer on the area from which the transfer is proposed to be made and on the area to which the transfer is proposed to be made, taking into consideration all other planned moves of personnel by the Navy to the Washington Navy Yard and by all other agencies of the Government. (5) The impact of such proposed transfer, and all other planned transfers to the Washington Navy Yard, on both present and potential parking capacity in the vicinity of such facility. (6) The impact of the proposed transfer on communications and security requirements of the Navy. (7) The impact of the proposed transfer on supporting and servicing contractors and the impact that the movement of such contractors will likely have on public and private facilities in the area from which they move and the area to which they move. AUTHORIZATION FOR SECRETARY OF DEFENSE TO TRANSPORT HUMANITARIAN RELIEF SUPPLIES TO COUNTRIES IN CENTRAL AMERICA

SEC. 1540. (a) Notwithstanding any other provision of law, during fiscal year 1985, the Secretary of Defense may transport on a space available basis, at no charge, to any country in Central America goods and supplies which have been furnished by a nongovernmental source and which are intended for humanitarian assistance. (b)(1) The President shall institute procedures, including complete President of U.S. inspection prior to acceptance for transport, for determining that— (A) the transport of any goods and supplies transported under this section is consistent with foreign policy objectives; (B) the goods and supplies to be transported are suitable for humanitarian purposes and are in usable condition; (C) there is a legitimate humanitarian need for such goods and supplies; (D) the goods and supplies will in fact be used for humanitarian purposes; and (E) there are adequate arrangements for the distribution of such goods and supplies in the country of destination. (2) Goods and supplies determined not to meet the criteria of Prohibition, paragraph (1) may not be transported under this section. (3) It shall be the responsibility of the donor to ensure that goods or supplies to be transported under this section are suitable for transport. (c) Goods and supplies transported under this section may be distributed by an agency of the United States Government, a foreign government, or international organization, or a private nonprofit relief organization. The Secretary of Defense may not accept any goods or supplies for transportation under this section unless verifi-

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cation of adequate arrangements has been received in advance for distribution of such goods and supplies. (d) Goods or supplies transported under this section may not be distributed, directly or indirectly, to any individual, group, or organization engaged in military or paramilitary activity. (e) No later than 90 days after the date of the enactment of this section, and every 60 days thereafter, the Secretary of State shall report to the Congress concerning the origin, contents, destination, and disposition of all goods and supplies transported under this section. PART E—OTHER MISCELLANEOUS MATTERS SURVIVORS OF THE GLOMAR JAVA SEA

Vessels.

Vietnam.

SEC. 1541. (a) The Congress finds that— (1) on October 26, 1983, the United States registered oil drilling ship Glomar Java Sea was reported missing during stormy weather at its drilling site 60 miles off Hainan Island in the South China Sea and was found sunken near its drilling site on November 1, 1983; (2) no evidence has been found of 46 of the 81 crewmen, including citizens of the United States, or of the lifeboats which, reportedly, were launched from the Glomar Java Sea, despite an intensive cooperative search involving United States military search and rescue aircraft and commercial vessels; (3) the Chairman of the United States Coast Guard Marine Board of Investigation has concluded that it is possible that crewmembers of the Glomar Java Sea survived and drifted into waters near the coast of Vietnam; and (4) the Government of Vietnam has refused to allow an independent search for the possible survivors to be conducted in waters within 20 miles of such coast. (b) Considering the findings set out in subsection (a), it is the sense of the Congress that the President should, through all appropriate bilateral and multilateral channels, continue and accelerate the effort to obtain the cooperation of the Government of Vietnam in ascertaining the fate or locations of the 46 crewmen of the sunken United States registered vessel Glomar Java Sea. POLICY REGARDING THE FURNISHING OF FOOD AND MEDICAL SUPPUES TO AFGHANISTAN

SEC. 1542. (a) The Congress findsCD that after more than four years of occupation by the military forces of the Soviet Union, the freedom-loving people of Afghanistan continue bravely to resist the oppression of the Soviet Union; (2) that the current Soviet Union offensive has resulted in great suffering and destruction in Afghanistan and has intensified the Soviet policy which targets civilian populations; and (3) that this "scorched earth" policy of the Soviet Union, which has resulted in the destruction of crops, food supplies, farms, hospitals, and other public buildings in Afghanistan, has been a desperate attempt on the part of the Soviet Union to subdue the population of that country or to force the depopulation of certain areas which the occupying forces of the Soviet Union are unable to control.

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(b) It is, therefore, the sense of Congress that the free world should take all appropriate steps to ensure that the people of Afghanistan have food and medical supplies adequate to sustain themselves as they struggle to regain their freedom. REAFFIRMATION OF UNITED STATES POLICY TOWARD CUBA

SEC. 1543. (a) It is the policy of the Government of the United States to continue in its relations with the Government of Cuba the policy set forth in the joint resolution entitled "Joint resolution expressing the determination of the United States with respect to the situation in Cuba", approved by the President on October 3, 1962 (Public Law 87-733; 76 Stat. 697). (b) Nothing in this section shall be deemed to change or otherwise affect the standards and procedures provided in the National Security Act of 1947, the Foreign Assistance Act of 1961, or the War Powers Resolution. This section does not constitute the statutory authorization for introduction of United States Armed Forces contemplated by the War Powers Resolution.

50 USC 401 note, 22 USC 2151 note. 50 USC 1541 note.

REPORT ON USE OF CUBAN AND RUSSIAN NICKEL IN DEFENSE PROCUREMENTS

SEC 1544. Not later than April 1, 1985, the Secretary of Defense shall submit to Congress a report on the effects on the national security of the United States of procurement by the Department of Defense of products containing nickel produced in Cuba or the Soviet Union. The report shall be prepared after consultation with the Secretaries of Commerce, the Interior, and the Treasury. TITLE XVI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SHORT TITLE

SEC. 1600. This title may be cited as the "Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1985". PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS OPERATING E X P E N S E S

SEC. 1601. Funds are authorized to be appropriated to the Department of Energy for fiscal year 1985 for operating expenses incurred in carrying out national security programs (including scientific research and development in support of the Armed Forces, strategic and critical materials necessary for the common defense, and military applications of nuclear energy and related management and support activities) as follows: (1) For naval reactors development, $426,400,000. (2) For weapons activities, $3,364,130,000, to be allocated as follows: (A) For research and development, $805,625,000. (B) For weapons testing, $532,000,000. (C) For the defense inertial confinement fusion program, $154,750,000, of which—

Department of E n e r ^ National Security and Military Applications of Nuclear Energy Authorization Act of 1985.

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PUBLIC LAW 98-525—OCT. 19, 1984 (i) $92,700,000 shall be used for glass laser experiments; (ii) $42,100,000 shall be used for gas laser experiments; (iii) $19,200,000 shall be used for pulsed power experiments; and (iv) $750,000 shall be used for supporting research. (D) For production and surveillance, $1,810,900,000. (E) For program direction, $60,855,000. (3) For verification and control technology, $73,700,000, of which $3,200,000 shall be used for program direction. (4) For defense nuclear materials production, $1,407,090,000, to be allocated as follows: (A) For uranium enrichment, $142,800,000. (B) For production reactor operations, $551,235,000. (C) For processing of defense nuclear materials, $379,770,000. (D) For special isotope separation, $60,000,000. (E) For supporting services, $252,985,000. (F) For program direction, $20,300,000. (5) For defense nuclear WEiste and byproduct management, $358,700,000, to be allocated as follows: (A) For interim waste management, $240,400,000. (B) For long-term waste management technology, $90,400,000. (C) For terminal waste storage, $25,800,000. (D) For program direction, $2,100,000. (6) For nuclear materials safeguards and security technology development program, $58,000,000, of which $7,600,000 shall be used for program direction. (7) For security investigations, $34,000,000. PLANT AND CAPITAL EQUIPMENT

SEC. 1602. Funds are authorized to be appropriated to the Department of Energy for fiscal year 1985 for plant and capital equipment (including planning, construction, acquisition, and modification of facilities, land acquisition related thereto, and acquisition and fabrication of capital equipment not related to construction) necessary for national security programs as follows: (1) For naval reactors development: Project 85-N-lOl, general plant projects, various locations, $2,000,000. Project 8 2 - N - l l l, materials facility, Savannah River, South Carolina, $40,000,000, for a total project authorization of $165,000,000. Project 81-T-112, modifications and additions to prototype facilities, various locations, $6,000,000, for a total project authorization of $110,000,000. (2) For weapons activities: Project 85-D-lOl, general plant projects, various locations, $29,600,000. Project 8 5 - D - l l l, general plant projects, various locations, $30,200,000. Project 85-D-102, nuclear weapons research, development, and testing facilities revitalization, phase I, various locations, $35,400,000.

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Project 85-D-103, safeguards and security enhancements, Lawrence Livermore National Laboratory and Sandia National Laboratories, Livermore, California, $4,700,000. Project 85-D-104, test devices assembly building, Los Alamos National Laboratory, Los Alamos, New Mexico, $800,000. Project 85-D-105, combined device assembly ifacility, Nevada Test Site, Nevada, $3,000,000. Project 85-D-106, hardened radiography facility, site 300, Lawrence Livermore National Laboratory, Livermore, California, $800,000. Project 85-D-112, enriched uranium recovery improvements, Y-12 Plant, Oak Ridge, Tennessee, $4,500,000. Project 85-D-113, powerplant and steam distribution system, Pantex Plant, Amarillo, Texas, $4,500,000. Project 85-D-114, safeguards vaults, Y-12 Plant, Oak Ridge, Tennessee, $3,100,000. Project 85-D-115, renovate plutonium building utility systems. Rocky Flats Plant, Golden, Colorado, $2,900,000. Project 85-D-121, air and water pollution control facilities, Y-12 Plant, Oak Ridge, Tennessee, $5,000,000. Project 85-D-122, safeguards and site security upgrade. Mound Facility, Miamisburg, Ohio, $2,700,000. Project 85-D-123, safeguards and site security upgrade, phase I, Pantex Plant, Amarillo, Texas, $1,000,000. Project 85-D-124, safeguards and site security upgrade. Rocky Flats, Golden, Colorado, $1,000,000. Project 85-D-125, tactical bomb production facilities, various locations, $10,000,000. Project 84-D-102, radiation-hardened integrated circuit laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $20,000,000, for a total project authorization of $22,000,000. Project 84-D-103, hardened central guard force facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $5,600,000, for a total project authorization of $6,200,000. Project 84-D-104, nuclear materials storage facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $6,500,000, for a total project authorization of $7,200,000. Project 84-D-105, safeguards and security upgrades, phase I, Los Alamos National Laboratory, Los Alamos, New Mexico, $10,100,000, for a total project authorization of $15,100,000. Project 84-D-106, security system upgrade, Sandia National Laboratories, Albuquerque, New Mexico, $2,300,000, for a total project authorization of $3,800,000. Project 84-D-107, nuclear testing facilities revitalization, various locations, $21,900,000, for a total project authorization of $35,400,000. Project 84-D-112, TRIDENT II warhead production facilities, various locations, $60,700,000, for a total project authorization of $80,000,000. Project 84-D-114, consolidated manufacturing facility. Rocky Flats Plant, Golden, Colorado, $18,100,000, for a total project authorization of $42,200,000. Project 84-D-115, electrical system expansion, Pantex Plant, Amarillo, Texas, $10,000,000, for a total project authorization of $11,500,000.

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PUBLIC LAW 98-525—OCT. 19, 1984 Project 84-D-117, inert assembly and test facility, Pantex Plant, Amarillo, Texas, $11,700,000, for a total project authorization of $13,200,000. Project 84-D-119, railroad track replacement and upgrade, Pantex Plant, Amarillo, Texas, $6,800,000, for a total project authorization of $7,600,000. Project 84-D-120, explosive component test facility. Mound Facility, Miamisburg, Ohio, $16,900,000, for a total project authorization of $20,000,000. Project 84-D-121, safeguards and site security upgrading. Rocky Flats Plant, Golden, Colorado, $11,200,000, for a total project authorization of $21,200,000. Project 84-D-124, environmental improvements, Y-12 Plant, Oak Ridge, Tennessee, $21,400,000, for a total project authorization of $29,000,000. Project 84-D-211, safeguards and site security upgrading, Y-12 Plant, Oak Ridge, Tennessee, $8,000,000, for a total project authorization of $15,500,000. Project 84-D-212, safeguards and site security upgrade, Pinellas Plant, Florida, $2,700,000, for a total project authorization of $3,700,000. Project 83-D-199, buffer land acquisition, Lawrence Livermore National Laboratory and Sandia National Laboratories, Livermore, Cedifornia, $7,000,000, for a total project authorization of $17,000,000. Project 82-D-107, utilities and equipment restoration, replacement and upgrade, phase III, various locations, $165,000,000, for a total project authorization of $570,400,000. Project 8 2 - D - l l l, interactive graphics systems, various locations, $6,800,000, for a total project authorization of $20,000,000. Project 82-D-144, simulation technology laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $11,500,000, for a total project authorization of $23,700,000. Project 82-D-150, weapons materials research and development facility, Lawrence Livermore National Laboratory, Livermore, California, $16,800,000, for a total project authorization of $27,200,000. Project 81-D-lOl, particle beam fusion accelerator-II, Sandia National Laboratories, Albuquerque, New Mexico, $3,500,000, for a total project authorization of $45,650,000. Project 81-D-115, missile X warhead production facilities, various locations, $20,900,000, for a total project authorization of $125,000,000. Project 81-D-120, control of effluents and pollutants, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000, for a total project authorization of $7,800,000. Project 81-D-134, earthquake damage restoration, Sandia National Laboratories, Livermore, California, $4,900,000, for a total project authorization of $8,600,000. Project 79-7-0, universal pilot plant, Pantex Plant, Amarillo, Texas, $3,800,000, for a total project authorization of $15,900,000. (3) For verification and control technology: Project 85-D-171, space science laboratory, Los Alamos, New Mexico, $1,000,000. (4) For materials production:

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Project 85-D-131, general plant projects, various locations, $30,000,000. Project 85-D-132, plant engineering and design, various locations, $2,000,000. Project 85-D-136, components protection system, 100-N area, Richland, Washington, $3,300,000. Project 85-D-137, vault safety special nuclear material inventory system, Richland, Washington, $2,500,000. Project 85-D-139, fuel processing restoration, Idaho Fuels Processing Facility, Idaho National Engineering Laboratory, Idaho, $10,000,000. Project 85-D-140, productivity and radiological improvements. Feed Materials Productions Center, Fernald, Ohio, $6,000,000. Project 85-D-142, fuel tube facilities, fuel preparation area. Savannah River, South Carolina, $8,000,000. Project 85-D-145, uranyl nitrate to oxide conversion facility, Savannah River, South Carolina, $1,800,000. Project 84-D-130, modification processing facility substations. Savannah River, South Carolina, $200,000, for a total project authorization of $5,800,000. Project 84-D-134, safeguards and security improvements, Plantwide, Savannah River, South Carolina, $14,900,000, for a total project authorization of $26,900,000. Project 84-D-136, enriched uranium conversion facility modifications, Y-12 Plant, Oak Ridge, Tennessee, $8,000,000, for a total project authorization of $12,400,000. Project 84-D-137, facility security systems upgrade, Idaho Fuels Processing Facility (IFPF), Idaho National Engineering Laboratory, Idaho, $8,000,000, for a total project authorization of $10,000,000. Project 83-D-146, water pollution control, Feed Materials Production Center, Fernald, Ohio, $4,100,000, for a total project authorization of $9,500,000. Project 83-0-147, pollution discharge elimination. Savannah River, South Carolina, $2,150,000, for a total project authorization of $8,650,000. Project 83-D-148, nonradioactive hazardous waste management, Savannah River, South Carolina, $11,500,000, for a total project authorization of $19,000,000. Project 83-D-180, facility storage modifications, various locations, $6,500,000, for a total project authorization of $15,800,000. Project 82-D-124, restoration of production capabilities, phases II, III, IV, and V, various locations, $68,800,000, for a total project authorization of $300,634,000. Project 82-D-128, plant perimeter security systems upgrade, Idaho Fuels Processing Plant, Idaho National Engineering Laboratory, Idaho, $400,000, for a total project authorization of $5,400,000. Project 82-D-136, fuel processing facilities upgrade, Idaho Fuels Processing Facility, Idaho National Engineering Laboratory, Idaho, $1,000,000, for a total project authorization of $46,000,000. Project 82-D-201, special plutonium recovery facilities, JBLine, Savannah River, South Carolina, $24,400,000, for a total project authorization of $61,400,000. (5) For defense waste and byproducts management:

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PUBLIC LAW 98-525—OCT. 19, 1984 Project 85-D-156, general plant projects, interim waste operations and long-term waste management technology, various locations, $23,645,000. Project 85-D-157, seventh calcined solids storage facility, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho, $7,000,000. Project 85-D-158, central warehouse upgrade, Richland, Washington, $700,000. Project 85-D-159, new waste transfer facilities, H Area, Savannah River, South Carolina, $11,000,000. Project 85-D-160, test reactor area security system upgrade, Idaho National Engineering Laboratory (INEL), Idaho, $2,000,000. Project 83-D-157, additional radioactive waste storage facilities, Richland, Washington, $3,155,000, for a total project authorization of $53,155,000. Project 81-T-105, defense waste processing facility. Savannah River, South Carolina, $230,500,000, for a total project authorization of $432,500,000. Project 77-13-f, waste isolation pilot plant, Delaware Basin, Southeast, New Mexico, $51,100,000, for a total project authorization of $394,200,000. (6) For capital equipment not related to construction— (A) for naval reactors development, $22,500,000; (B) for weapons activities, $241,850,000; (C) for inertial confinement fusion, $9,500,000; (D) for verification and control technology, $2,000,000; (E) for materials production, $117,660,000; (F) for defense waste and byproducts management, $35,771,000; and (G) for nuclear safeguards and security, $4,700,000. PART B—RECURRING GENERAL PROVISIONS REPROGRAMING

Limitations.

SEC. 1621. (a) Except as otherwise provided in this title— (1) no amount appropriated pursuant to this title may be used for any program in excess of 105 percent of the amount authorized for that program by this title or $10,000,000 more than the amount authorized for that program by this title, whichever is the lesser, and (2) no amount appropriated pursuant to this title may be used for any program which has not been presented to, or requested of, the Congress, unless a period of thirty calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the appropriate committees of Congress of notice from the Secretary of Energy (hereinafter in this part referred to as the "Secretary") containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or unless each such committee before the expiration of such period has transmitted to the Secretary written notice to the effect that such committee has no objection to the proposed action.

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(b) In no event may the total amount of funds obligated pursuant to this title exceed the total amount authorized to be appropriated by this title.

Prohibition.

LIMITS ON GENERAL PLANT PROJECTS

SEC. 1622. (a) The Secretary may carry out any construction project under the general plant projects provisions authorized by this title if the total estimated costs of the construction project does not exceed $1,000,000. (b) If at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost variations and the revised cost of the project exceeds $1,000,000, the Secretary shall immediately furnish a complete report to the appropriate committees of Congress explaining the reasons for the cost variation. (c) In no event may the total amount of funds obligated to carry out all general plant projects authorized by this title exceed the total amount authorized to be appropriated for such projects by this title. LIMITS ON CONSTRUCTION PROJECTS

SEC. 1623. (a) Whenever the current estimated cost of a construction project which is authorized by section 302 of this title, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of (1) the amount authorized for the project, or (2) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to the Congress, construction may not be started or additional obligations incurred in connection with the project above the total estimated cost, as the case may be, unless a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three days to a day certain) has passed after receipt by the appropriate committees of the Congress of written notice from the Secretary containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the action, or unless each committee before the expiration of such period has notified the Secretary it has no objection to the proposed action. (b) Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000. FUND TRANSFER AUTHORITY

SEC. 1624. To the extent specified in appropriation Acts, funds appropriated pursuant to this title may be transferred to other agencies of the Government for the performance of the work for which the funds were appropriated, and funds so transferred may be merged with the appropriations of the agency to which the funds are transferred. AUTHORITY FOR CONSTRUCTION DESIGN

SEC. 1625. (a)(1) Within the amounts authorized by this title for plant engineering and design, the Secretary may carry out advance planning and construction designs (including architectural and engineering services) in connection with any proposed construction

Report.

Prohibition.

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project if the total estimated cost for such planning and design does not exceed $2,000,000. (2) In any case in which the total estimated cost for such planning and design exceeds $300,000, the Secretary shall notify the appropriate committees of Congress in writing of the details of such project at least thirty days before any funds are obligated for design services for such project. (b) In any case in which the total estimated cost for advance planning and construction design in connection with any construction project exceeds $2,000,000, funds for such design must be specifically authorized by law. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN

SEC. 1626. In addition to the advance planning and construction design authorized by section 302, the Secretary may perform planning and design utilizing available funds for any Department of Energy defense activity construction project whenever the Secretary determines that the design must proceed expeditiously in order to meet the needs of national defense or to protect property or human life. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY

SEC. 1627. Subject to the provisions of appropriation Acts, amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy. ADJUSTMENTS FOR PAY INCREASES

SEC. 1628. Appropriations authorized by this title for salary, pay, retirement, or other benefits for Federal employees may be increased by such amounts as may be necessary for increases in such benefits authorized by law. AVAILABILITY OF FUNDS

SEC. 1629. When so specified in an appropriation Act, amounts appropriated for Department of Energy defense programs may remain available until expended. PART C—SPECIAL PROGRAM PROVISIONS CONTRACTOR LIABILITY FOR INJURY OR LOSS OF PROPERTY ARISING OUT OF ATOMIC WEAPONS TESTING PROGRAMS

Claims. SEC. 1631. (a)(1) The remedy against the United States provided by 42 USC 2212. sections 1346(b) and 2672 of title 28, United States Code, or by the 46 USC 781-790. Act of March 9, 1920 (46 U.S.C. 741-752 and 781-790), as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by a contractor in carrying out an atomic weapons testing program under a contract with the United States. (2) The remedies referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining

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civil liability arising from any act or omission of the contractor without regard to when the act or omission occurred. The employees of a contractor referred to in paragraph (1) shall be considered to be employees of the Federal Government, as provided in section 2671 of title 28, United States Code, for the purposes of any such civil action or proceeding; and the civil action or proceeding shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of such title and shall be subject to the limitations 28 USC 1346. and exceptions applicable to those actions. (b) A contractor against whom a civil action or proceeding described in subsection (a) is brought shall promptly deliver all processes served upon that contractor to the Attorney General of the United States. Upon certification by the Attorney General that the suit against the contractor is within the provisions of subsection (a), a civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place wherein it is pending and the proceedings shall be deemed a tort action brought against the United States under the provisions of section 1346(b), 2401(b), or 2402, or sections 2671 through 2680 of title 28, United States Code. For purposes of removal, the certification by the Attorney General under this subsection establishes contractor status conclusively. (c) The provisions of this section shall apply to any action now pending or hereafter commenced which is an action within the provisions of subsection (a) of this section. Notwithstanding section 2401(b) of title 28, United States Code, if a civil action or proceeding pending on the date of enactment of this section is dismissed because the plaintiff in such action or proceeding did not file an administrative claim as required by section 2672 of that title, the 28 USC 2672. plaintiff in that action or proceeding shall have 30 days from the date of the dismissal or two years from the date upon which the claim accrued, whichever is later, to file an administrative claim, and any claim or subsequent civil action or proceeding shall thereafter be subject to the provisions of section 2401(b) of title 28, United States Code. (d) For purposes of this section, the term "contractor" includes a contractor or cost reimbursement subcontractor of any tier participating in the conduct of the United States atomic weapons testing program for the Department of Energy (or its predecessor agencies, including the Manhattan Engineer District, the Atomic Energy Commission, and the Energy Research and Development Administration). Such term also includes facilities which conduct or have Research and conducted research concerning health effects of ionizing radiation in development. connection with the testing under contract with the Department of Hazardous materials. Energy (or any of its predecessor agencies). COST-EFFECTIVE FUNDING OF NUCLEAR WEAPONS

SEC. 1632. (a) The President shall establish a Blue Ribbon Task Group to examine the procedures used by the Department of Defense and the Department of Energy in establishing requirements for, and in providing resources for, the research, development, testing, production, surveillance, and retirement of nuclear weapons. The Task Group shall recommend any needed change in such procedures in accordance with subsection (e).

President of U.S. Blue Ribbon Task Group, establishment.

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 98 STAT. 2648

President of U.S.

President of U.S.

Report.

PUBLIC LAW 98-525—OCT. 19, 1984

(b)(1) The Task Group shall consist of seven members, qualified for service by reasons of experience and education. The President shall appoint three members and shall designate one of those members to act as chairman of the Task Group. The Chairman and ranking minority members of the Committees on Armed Services of the Senate and House of Representatives shall each appoint one member. (2) None of the members may be an employee of the Department of Defense or the Department of Energy. (c) Within 90 days of the date of the enactment of this Act, the President shall submit to the Committees on Armed Services of the Senate and House of Representatives (1) the names of the persons appointed by him to the Task Group, together with the qualifications of each such person to serve on the Task Group, and (2) a detailed plan for completing the report required by subsection (e). (d) The President shall ensure that the Task Group has complete and timely access to employees and records of the Department of Energy and the Department of Defense pertaining to procedures referred to in subsection (a). (e) Within 270 days of the date of the enactment of this Act, the Task Group shall submit to the President and the Committees on Armed Services of the Senate and House of Representatives a report containing its findings and recommendations. Such report shall include any additional or dissenting views that any member of the Task Group may wish to submit. The report shall (in addition to any other matters) include recommendations in the following areas: (1) Ways to improve coordination between the Department of Energy and the Department of Defense to ensure cost-effective implementation of weapon activities and materials production. (2) Cost-effective improvements that can be made in budgeting and management procedures that affect weapon activities and materials productions. (3) Whether the Department of Defense should assume the responsibility for funding current Department of Energy weapon activities and materials production programs. REVIEW OF THE INERTIAL CONFINEMENT FUSION PROGRAM

President of U.S. Technical Review Group on Inertial Confinement Fusion, establishment.

Reports.

SEC. 1633. (a)(1) Within 30 days after the date of the enactment of this Act, the President shall establish a review body to be known as the Technical Review Group on Inertial Confinement Fusion (hereinafter in this section referred to as the "Technical Review Group"). (2) It shall be the function of the group to review thoroughly the accomplishments, management, goals, and anticipated contributions of the defense inertial confinement fusion program. (3) The President shall appoint to serve on the Technical Review Group only persons who, because of recent training and experience in the scientific disciplines associated with the development and testing of nuclear weapons, are most qualified to make findings of fact and recommendations to the Congress and the President concerning that program. (b) The Technical Review Group shall submit to the President and the Committees on Armed Services of the Senate and House of Representatives written reports containing the results of its review, together with such recommendations regarding priorities for future work in the inertial confinement fusion program as it determines appropriate, as follows:

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( D A first interim report shall be submitted before February 1, 1985. (2) A second interim report shall be submitted before June 1, 1985. (3) A final report shall be submitted before May 1, 1986. (c) Upon the submission of its final report, the Technical Review Group shall cease to exist.

Termination date.

NAVAL NUCLEAR PROPULSION PROGRAM

SEC. 1634. The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.

42 USC 7158 note. 3 CFR, 1982 Comp., p. 128.

AUTHORIZATION FOR PRODUCTION OF THE 155-MILLIMETER ARTILLERYFIRED, ATOMIC PROJECTILE

SEC. 1635. (a) In addition to the amounts otherwise authorized to be appropriated in this title, there is authorized to be appropriated to the Secretary of Energy for fiscal years beginning after September 30, 1984, $50,000,000 for the construction of facilities necessary to produce the 155-millimeter artillery-fired, atomic projectile (Project 82-D-109). (b) In the case of the 155-millimeter atomic-fired artillery projectile (W-82) and the 8-inch atomic-fired artillery projectile (W-79), the following conditions shall be complied with: (1) The total number of both such warheads produced may not exceed 925. (2) The total amount spent for the production of both such warheads after the date of the enactment of this Act may not exceed $1,100,000,000. (3) No such warhead produced after the date of the enactment of this Act may be produced in the enhanced radiation version. (4) In producing such warheads, special emphasis shall be placed upon improvements in the safety, security, range, and survivability of such warheads. (5) Replacement of obsolete atomic-fired artillery projectiles now in Europe with such improved warheads shall be carried out within the nuclear stockpile limits agreed to by NATO Defense Ministers at Montebello, Canada, in October 1983, which required the withdrawal of 1,400 tactical nuclear warheads from the European stockpile in addition to the 1,000 warheads withdrawn in 1980. (c) No action may be taken to implement this section until the Secretary of Defense submits a plan for the implementation of this section to the Committees on Armed Services of the Senate and House of Representatives. TITLE XVII—UNITED STATES INSTITUTE OF PEACE SHORT TITLE

United States Institute of Peace Act.

SEC. 1701. This title may be cited as the "United States Institute of Peace Act".

22 USC 4601 note.

DECLARATION OF FINDINGS AND PURPOSES

SEC. 1702. (a) The Congress finds and declares that—

22 USC 4601.

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 98 STAT. 2650

20 USC 2701 note.

PUBLIC LAW 98-525—OCT. 19, 1984

(1) a living institution embodying the heritage, ideals, and concerns of the American people for peace would be a significant response to the deep public need for the Nation to develop fully a range of effective options, in addition to armed capacity, that can leash international violence and manage international conflict; (2) people throughout the world are fearful of nuclear war, are divided by war and threats of war, are experiencing social and cultural hostilities from rapid international change and real and perceived conflicts over interests, and are diverted from peace by the lack of problem-solving skills for dealing with such conflicts; (3) many potentially destructive conflicts among nations and peoples have been resolved constructively and with cost efficiency at the international, national, and community levels through proper use of such techniques as negotiation, conciliation, mediation, and arbitration; (4) there is a national need to examine the disciplines in the social, behavioral, and physical sciences and the arts and humanities with regard to the history, nature, elements, and future of peace processes, and to bring together and develop new and tested techniques to promote peaceful economic, political, social, and cultural relations in the world; (5) existing institutions providing programs in international affairs, diplomacy, conflict resolution, and peace studies are essential to further development of techniques to promote peaceful resolution of international conflict, and the peacemaking activities of people in such institutions, government, private enterprise, and voluntary associations can be strengthened by a national institution devoted to international peace research, education and training, and information services; (6) there is a need for Federal leadership to expand and support the existing international peace and conflict resolution efforts of the Nation and to develop new comprehensive peace education and training programs, basic and applied research projects, and programs providing peace information; (7) the Commission on Proposals for the National Academy of Peace and Conflict Resolution, created by the Education Amendments of 1978, recommended establishing an academy as a highly desirable investment to further the Nation's interest in promoting international peace; (8) an institute strengthening and symbolizing the fruitful relation between the world of learning and the world of public affairs, would be the most efficient and immediate means for the Nation to enlarge its capacity to promote the peaceful resolution of international conflicts; and (9) the establishment of such an institute is an appropriate investment by the people of this Nation to advance the history, science, art, and practice of international peace and the resolution of conflicts among nations without the use of violence. (b) It is the purpose of this title to establish an independent, nonprofit, national institute to serve the people and the Government through the widest possible range of education and training, basic and applied research opportunities, and peace information services on the means to promote international peace and the resolution of conflicts among the nations and peoples of the world without recourse to violence.

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98 STAT. 2651

DEFINITIONS

SEC. 1703. As used in this title, the term— (1) "Institute" means the United States Institute of Peace established by this title; and (2) "Board" means the Board of Directors of the Institute.

22 USC 4602.

ESTABLISHMENT OF THE INSTITUTE

SEC. 1704. (a) There is hereby established the United States Insti- 22 USC 4603. tute of Peace. (b) The Institute is an independent nonprofit corporation and an Corporation. organization described in section 170(c)(2)(B) of the Internal Revenue 26 USC 170. Code of 1954. The Institute does not have the power to issue any Securities. shares of stock or to declare or pay any dividends. (c) As determined by the Board, the Institute may establish, under Endowment of the laws of the District of Columbia, a legal entity which is capable the United States Institute of receiving, holding, and investing public funds for purposes in of Peace, furtherance of the Institute under this title. The Institute may designation. designate such legal entity as the "Endowment of the United States Institute for Peace". (d) The Institute is liable for the acts of its directors, officers, employees, and agents when acting within the scope of their authority. (e)(1) The Institute has the sole and exclusive right to use and to allow or refuse others the use of the terms "United States Institute of Peace", "Jennings Randolph Program for International Peace", and "Endowment of the United States Institute of Peace" and the use of any official United States Institute of Peace emblem, badge, seal, and other mark of recognition or any colorable simulation thereof. No powers or privileges hereby granted shall interfere or Prohibition. conflict with established or vested rights secured as of September 1, 1981. (2) Notwithstanding any other provision of this title, the Institute may use "United States" or "U.S." or any other reference to the United States Government or Nation in its title or in its corporate seal, emblem, badge, or other mark of recognition or colorable simulation thereof in any fiscal year only if there is an authorization of appropriations for the Institute for such fiscal year provided by law. POWERS AND DUTIES

SEC. 1705. (a) The Institute may exercise the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act consistent with this title, except for section 5(o) of the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-1005(0)). (b) The Institute, acting through the Board, may— (1) establish a Jennings Randolph Program for International Peace and appoint, for periods up to two years, scholars and leaders in peace from the United States and abroad to pursue scholarly inquiry and other appropriate forms of communication on international peace and conflict resolution and, as appropriate, provide stipends, grants, fellowships, and other support to the leaders and scholars;

22 USC 4604.

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 98 STAT. 2652

Medals and decorations.

Public information.

Grants. Contracts. Schools and colleges. State and local governments.

PUBLIC LAW 98-525—OCT. 19, 1984

(2) enter into formal and informal relationships with other institutions, public and private, for purposes not inconsistent with this title; (3) conduct research and make studies, particularly of an interdisciplinary or of a multidisciplinary nature, into the causes of war and other international conflicts and the elements of peace among the nations and peoples of the world, including peace theories, methods, techniques, programs, and systems, and into the experiences of the United States and other nations in resolving conflicts with justice and dignity and without violence as they pertain to the advancement of international peace and conflict resolution, placing particular emphasis on realistic approaches to past successes and failures in the quest for peace and arms control and utilizing to the maximum extent possible United States Government documents and classified materials from the Department of State, the Department of Defense, the Arms Control and Disarmament Agency, and the intelligence community; (4) develop programs to make international peace and conflict resolution research, education, and training more available and useful to persons in government, private enterprise, and voluntary associations, including the creation of handbooks and other practical materials; (5) provide, promote, and support peace education and research programs at graduate and postgraduate levels; (6) conduct training, symposia, and continuing education programs for practitioners, polic5miakers, policy implementers, and citizens and noncitizens directed to developing their skills in international peace and conflict resolution; (7) develop, for publication or other public communication, and disseminate, the carefully selected products of the Institute; (8) establish a clearinghouse and other means for disseminating information, including classified information that is properly safeguarded, from the field of peace learning to the public and to government personnel with appropriate security clearances; (9) recommend to the Congress the establishment of a United States Medal of Peace to be awarded under such procedures as the Congress may determine, except that no person associated with the Institute may receive the United States Medal of Peace; and (10) secure directly, upon request of the president of the Institute to the head of any Federal department or agency and in accordance with section 552 of title 5, United States Code (relating to freedom of information), information necessary to enable the Institute to carry out the purposes of this title if such release of the information would not unduly interfere with the proper functioning of a department or agency, including classified information if the Institute staff and members of the Board who have access to such classified information obtain appropriate security clearances from the Department of Defense and the Department of State. (c) The Institute may undertake extension and outreach activities under this title by making grants and entering into contracts with institutions of postsecondary, community, secondary, and elementary education (including combinations of such institutions), with public and private educational, training, or research institutions

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98 STAT. 2653

(including the American Federation of Labor-the Congress of Industrial Organizations) and libraries, and with public departments and agencies (including State and territorial departments of education and of commerce). No grant may be made to an institution unless it is a nonprofit or official public institution, and at least one-fourth of the Institute's annual appropriations shall be paid to such nonprofit and official public institutions. A grant or contract may be made to— (1) initiate, strengthen, and support basic and applied research on international peace and conflict resolution; (2) promote and advance the study of international peace and conflict resolution by educational, training, and research institutions, departments, and agencies; (3) educate the Nation about and educate and train individuals in peace and conflict resolution theories, methods, techniques, programs, and systems; (4) assist the Institute in its publication, clearinghouse, and other information services programs; (5) assist the Institute in the study of conflict resolution between free trade unions and Communist-dominated organizations in the context of the global struggle for the protection of human rights; and (6) promote the other purposes of this title. (d) The Institute may respond to the request of a department or agency of the United States Government to investigate, examine, study, and report on any issue within the Institutes competence, including the study of past negotiating histories and the use of classified materials. (e) The Institute may enter into contracts for the proper operation of the Institute. (f) The Institute may fix the duties of its officers, employees, and agents, and establish such advisory committees, councils, or other bodies, as the efficient administration of the business and purposes of the Institute may require. (g)(1) Except as provided in paragraphs (2) and (3), the Institute may obtain grgmts and contracts, including contracts for classified research for the Department of State, the Department of Defense, the Arms Control and Disarmament Agency, and the intelligence community, and receive gifts and contributions from government at all levels. (2) The Institute may not accept any gift, contribution, or grant from, or enter into any contract with, a foreign government, any agency or instrumentality of such government, any international organization, or any foreign national, except that the Institute may accept the payment of tuition by foreign nationals for instruction provided by the Institute. For purposes of this paragraph, the term— (A) "foreign national" means— (i) a natural person who is a citizen of a foreign country or who owes permanent allegiance to a foreign country; and (ii) a corporation or other legal entity in which natural persons who are nationals of a foreign country own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity; and (B) "person" means a natural person, partnership, association, other unincorporated body, or corporation.

Study.

Grants. Contracts. Confidentiality. Gifts and property.

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 98 STAT. 2654 Prohibition. Ante, p. 2651.

Prohibition. Congress. State and local governments.

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(3) Notwithstanding any other provision of this title, the Institute and the legal entity described in section 1704(c) may not obtain any grant or contract or receive any gift or contribution from any private agency, organization, corporation or other legal entity, institution, or individual. (h) The Institute may charge and collect subscription fees and develop, for publication or other public communication, and disseminate, periodicals and other materials. (i) The Institute may charge and collect fees and other participation costs from persons and institutions participating in the Institute's direct activities authorized in subsection (b). (j) The Institute may sue and be sued, complain, and defend in any court of competent jurisdiction. (k) The Institute may adopt, alter, use, and display a corporate seal, emblem, badge, and other mark of recognition and colorable simulations thereof. (1) The Institute may do any and all lawful acts and things necessary or desirable to carry out the objectives and purposes of this title. (m) The Institute shall not itself undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative bodies, or by the United Nations, except that personnel of the Institute may testify or make other appropriate communication when formally requested to do so by a legislative body, a committee, or a member thereof. (n) The Institute may obtain administrative support services from the Administrator of General Services on a reimbursable basis. BOARD OF DIRECTORS

22 USC 4605.

SEC. 1706. (a) The powers of the Institute shall be vested in a Board of Directors unless otherwise specified in this title. (b) The Board shall consist of fifteen voting members as follows: (1) The Secretary of State (or if the Secretary so designates, another officer of the Department of State who was appointed with the advice and consent of the Senate). (2) The Secretary of Defense (or if the Secretary so designates, another officer of the Department of Defense who was appointed with the advice and consent of the Senate). (3) The Director of the Arms Control and Disarmament Agency (or if the Director so designates, another officer of that Agency who was appointed with the advice and consent of the Senate). (4) The president of the National Defense University (or if the president so designates, the vice president of the National Defense University). (5) Eleven individuals appointed by the President, by and with the advice and consent of the Senate. (c) Not more than eight voting members of the Board (including members described in paragraphs (1) through (4) of subsection (b)) may be members of the same political party. (d)(1) Each individual appointed to the Board under subsection (b)(5) shall have appropriate practical or academic experience in peace and conflict resolution efforts of the United States. (2) Officers and employees of the United States Government may not be appointed to the Board under subsection (b)(5).

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(e)(1) Members of the Board appointed under subsection (b)(5) shall be appointed to four year terms, except that— (A) the term of six of the members initially appointed shall be two years, as designated by the President at the time of their nomination; (B) a member may continue to serve until his or her successor is appointed; and (C) a member appointed to replace a member whose term has not expired shall be appointed to serve the remainder of that term. (2) The terms of the members of the Board initially appointed under subsection (b)(5) shall begin on January 20, 1985, and subsequent terms shall begin upon the expiration of the preceding term, regardless of when a member is app<)inted to fill that term. (3) The President may not nominate an individual for appoint- President of U.S. ment to the Board under subsection (b)(5) prior to January 20, 1985, but shall submit the names of eleven nominees for initial Board membership under subsection (b)(5) not later than ninety days after that date. If the Senate rejects such a nomination or if such a nomination is withdrawn, the President shall submit the name of a new nominee within fifteen days. (4) An individual appointed as a member of the Board under subsection (b)(5) may not be appointed to more than two terms on the Board. (1) A member of the Board appointed under subsection (b)(5) may be removed by the President— (1) in consultation with the Board, for conviction of a felony, malfeasance in office, persistent neglect of duties, or inability to discharge duties; (2) upon the recommendation of eight voting members of the Board; or (3) upon the recommendation of a majority of the members of the Committee on Foreign Affairs and the Committee on Education and Labor of the House of Representatives and a majority of the members of the Committee on Foreign Relations and the Committee on Labor and Human Resources of the Senate. A recommendation made in accordance with paragraph (2) may be made only pursuant to action taken at a meeting of the Board, which may be closed pursuant to the procedures of subsection (h)(3). Only members who are present may vote. A record of the vote shall Record, be maintained. The President shall be informed immediately by the Board of the recommendation. (g) No member of the Board may participate in any decision, action, or recommendation with respect to any matter which directly and financially benefits the member or pertains specifically to any public body or any private or nonprofit firm or organization with which the member is then formally associated or has been formally associated within a period of two years, except that this subsection shall not be construed to prohibit an ex officio member of the Board from participation in actions of the Board which pertain specifically to the public body of which that member is an officer, (h) Meetings of the Board shall be conducted as follows: (1) The President shall stipulate by name the nominee who President of U.S. shall be the first Chairman of the Board. The first Chairman shall serve for a term of three years. Thereafter, the Board shall elect a Chairman every three years from among the directors

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 98 STAT. 2656

Public availability. Federal Register, publication.

PUBLIC LAW 98-525—OCT. 19, 1984

appointed by the President under subsection (b)(5) and may elect a Vice Chairman if so provided by the Institute's bylaws. (2) The Board shall meet at least semiannually, at any time pursuant to the call of the Chairman or as requested in writing to the Chairman by at least five members of the Board. A majority of the members of the Board shall constitute a quorum for any Board meeting. (3) All meetings of the Board shall be open to public observation and shall be preceded by reasonable public notice. Notice in the Federal Register shall be deemed to be reasonable public notice for purposes of the preceding sentence. In exceptional circumstances, the Board may close those portions of a meeting, upon a majority vote of its members present and with the vote taken in public session, which are likely to disclose information likely to affect adversely any ongoing peace proceeding or activity or to disclose information or matters exempted from public disclosure pursuant to subsection (c) of section 552b of title 5, United States Code. (i) A director appointed by the President under subsection (b)(5) shall be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day during which the director is engaged in the performance of duties as a member of the Board. (j) While away from his home or regular place of business in the performance of duties for the Institute, a director shall be allowed travel expenses, including a per diem in lieu of subsistence, not to exceed the expenses allowed persons employed intermittently in Government service under section 5703(b) of title 5, United States Code. OFFICERS AND EMPLOYEES

22 USC 4606.

5 USC 5312. Ante, p. 2651.

5 USC 5332.

SEC. 1707. (a) The Board shall appoint the president of the Institute and such other officers as the Board determines to be necessary. The president of the Institute shall be a nonvoting ex officio member of the Board. All officers shall serve at the pleasure of the Board. The president shall be appointed for an explicit term of years. Notwithstanding any other provision of law limiting the payment of compensation, the president and other officers appointed by the Board shall be compensated at rates determined by the Board, but no greater than that payable for level I of the Executive Schedule under chapter 53 of title 5, United States Code. (b) Subject to the provisions of section 1705(g)(3), the Board shall authorize the president and any other officials or employees it designates to receive and disburse public moneys, obtain and make grants, enter into contracts, establish and collect fees, and undertake all other activities necessary for the efficient and proper functioning of the Institute. (c) The president, subject to Institute's bylaws and general policies established by the Board, may appoint, fix the compensation of, and remove such employees of the Institute as the president determines necessary to carry out the purposes of the Institute. In determining employee rates of compensation, the president shall be governed by the provisions of title 5, United States Code, relating to classification and General Schedule pay rates. (d)(1) The president may request the assignment of any Federal officer or employee to the Institute by an appropriate department,

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