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Page:United States Statutes at Large Volume 99 Part 1.djvu/812

 99 STAT. 790 Ante, p. 789.

PUBLIC LAW 99-150—NOV. 13, 1985 stitute work described in section 7(p)(3) may not be required under this subsection to keep a record of the hours of the substitute work.". VOLUNTEERS

SEC. 4. (a) DEFINITION.—Section 3(e) (29 U.S.C. 203(e)) is amended— (1) by striking out "paragraphs (2) and (3)" in paragraph (1) and inserting in lieu thereof "paragraphs (2), (3), and (4)", and (2) by adding at the end the following: "(4)(A) The term 'employee' does not include any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, if— "(i) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and "(ii) such services are not the same type of services which the individual is employed to perform for such public agency. "(B) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency may volunteer to perform services for any other State, political subdivision, or interstate governmental agency, including a State, political subdivision or agency with which the employing State, political subdivision, or agency has a mutual aid agreement.". 29 USC 203 note. (b) REGULATIONS.—Not later than March 15, 1986, the Secretary of Labor shall issue regulations to carry out paragraph (4) of section 3(e) (as amended by subsection (a) of this section). 29 USC 203 note. (c) CURRENT PRACTICE.—If, before April 15, 1986, the practice of a public agency was to treat certain individuals as volunteers, such individuals shall until April 15, 1986, be considered, for purposes of 29 USC 201 et the Fair Labor Standards Act of 1938, as volunteers and not as s«9employees. No public agency which is a State, a political subdivision of a State, or an interstate governmental agency shall be liable for a violation of section 6 occurring before April 15, 1986, with respect to services deemed by that agency to have been performed for it by an individual on a voluntary basis. STATE AND LOCAL LEGISLATIVE EMPLOYEES

SEC. 5. Clause (ii) of section 3(e)(2)(C) (29 U.S.C. 203(e)(2)(C)) is amended— (1) by striking out "or" at the end of subclause (III), (2) by striking out "who" in subclause (IV), (3) by striking out the period at the end of subclause (IV) and inserting in lieu thereof ", or", and (4) by adding after subclause (IV) the following: "(V) is an employee in the legislative branch or legislative body of that State, political subdivision, or agency and is not employed by the legislative library of such State, political subdivision, or agency.". EFFECTIVE DATE

29 USC 203 note. SEC. 6. The amendments made by this Act shall take effect Regulations. April 15, 1986. The Secretary of Labor shall before such date promulgate such regulations as may be required to implement such amendments.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/813

 PUBLIC LAW 9 9 - 1 5 0 - N O V. 13, 1985

99 STAT. 791

EFFECT OF AMENDMENTS

SEC. 7. The amendments made by this Act shall not affect whether a public agency which is a State, political subdivision of a State, or an interstate governmental agency is liable under section 16 of the Fair Labor Standards Act of 1938 for a violation of section 6, 7, or 11 of such Act occurring before April 15, 1986, with respect to any employee of such public agency who would have been covered by such Act under the Secretary of Labor's special enforcement policy on January 1, 1985, and published in section 775.3 of title 29 of the Code of Federal Regulations.

29 USC 216 note.

29 USC 216. 29 USC 206. Ante, pp. 787, 789. 29 USC 211.

DISCRIMINATION

SEC. 8. A public agency which is a State, political subdivision of a State, or an interstate governmental agency and which discriminates or has discriminated against an employee with respect to the employee's wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under section 7 of the Fair Labor Standards Act of 1938 shall be held to have violated section 15(a)(3) of such Act. The protection against discrimination afforded by the preceding sentence shall be available after August 1, 1986, only for an employee who takes an action described in section 15(a)(3) of such Act. Approved November 13, 1985.

Tsm

LEGISLATIVE HISTORY—S. 1570 (H.R. 3530): HOUSE REPORTS: No. 99-331 accompanying H.R. 3530 (Comm. on Education and Labor) and No. 99-357 (Comm. of eonference). SENATE REPORT No. 99-159 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 24, considered and passed Senate. Oct. 28, H.R. 3530 considered and peissed House; S. 1570, amended, passed in lieu. Nov. 7, House and Senate agreed to conference report.

29 USC 215 note.

Ante, pp. 787, 789. 29 USC 215.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/814

 99 STAT. 792

PUBLIC LAW 99-151—NOV. 13, 1985

Public Law 99-151 99th Congress

>:«'*»

An Act Nov. 13, 1985 [H.R. 2942]

Making appropriations for the legislative branch for the fiscal year ending September 30, 1986, and for other purposes.

Legislative Branch Appropriations Act, 1986.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 1986, and for other purposes, namely:

Congressional Operations Appropriation Act, 1986. 2 USC 60a note.

TITLE I—CONGRESSIONAL OPERATIONS SENATE MILEAGE OF THE VICE PRESIDENT AND SENATORS AND EXPENSE ALLOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PRO TEMPORE, MAJORITY AND MINORITY LEADERS, MAJORITY AND MINORITY WHIPS, AND CHAIRMEN OF THE MAJORITY AND MINORITY CONFERENCE COMMITTEES MILEAGE OF THE VICE PRESIDENT AND SENATORS

For mileage of the Vice President and Senators of the United States, $60,000. EXPENSE ALLOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PRO TEMPORE, MAJORITY AND MINORITY LEADERS, MAJORITY AND MINORITY WHIPS, AND CHAIRMEN OF THE MAJORITY AND MINORITY CONFERENCE COMMITTEES

For expense allowances of the Vice President, $10,000; the President Pro Tempore of the Senate, $10,000; Majority Leader of the Senate, $10,000; Minority Leader of the Senate, $10,000; Majority Whip of the Senate, $5,000; Minority Whip of the Senate, $5,000; and Chairmen of the Majority and Minority Conference Committees, $6,000; in all, $56,000. REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY LEADERS

For representation allowances of the Majority and Minority Leaders of the Senate, $10,000 for each such Leader, in all $20,000. SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions, which shall be paid from this appropriation without regard to the below limitations, as follows:

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Page:United States Statutes at Large Volume 99 Part 1.djvu/815

 PUBLIC LAW 99-151—NOV. 13, 1985

99 STAT. 793

OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $1,112,000. OFFICE OF THE PRESIDENT PRO TEMPORE

For Office of the President Pro Tempore, $149,000. OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $1,090,000. OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $418,000. CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $540,500 for each such committee; in all, $1,081,000. OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority and the Conference of liie Minority, $182,000.

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $90,000. OFFICE OF THE SECRETARY

For Office of the Secretary, $6,953,000. ADMINISTRATIVE, CLERICAL, AND LEGISLATIVE ASSISTANCE TO SENATORS

For administrative, clerical, and legislative assistance to Senators, $102,549,000. OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper, $36,358,000. OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary for the Minority, $879,000. AGENCY CONTRIBUTIONS

For agency contributions for employee benefits, as authorized by law, $19,612,000. OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative Counsel of the Senate, $1,437,000.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/816

 99 STAT. 794

PUBLIC LAW 99-151—NOV. 13, 1985 OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel, $565,000. EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $3,000; Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary for the Majority of the Senate, $3,000; Secretary for the Minority of the Senate, $3,000; in all, $12,000. CONTINGENT EXPENSES OF THE SENATE SENATE POLICY COMMITTEES

For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $974,000 for each such committee; in all $1,948,000. INQUIRIES AND INVESTIGATIONS

22 USC 190b. 94 Stat. 892.

For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth Congress, as amended, section 112 of Public Law 96-304 and Senate Resolution 281, agreed to March 11, 1980, $51,050,000. EXPENSES OF UNITED STATES INTERNATIONAL NARCOTICS CONTROL COMMISSION

Ante, p. 455.

For expenses of the United States International Narcotics Control Commission, as authorized by section 814 of the Foreign Relations Authorization Act, passed by the Senate on July 31, 1985, $325,000. SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate, $683,800. SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $54,153,000. MISCELLANEOUS ITEMS

For miscellaneous items, $9,659,000. STATIONERY (REVOLVING FUND)

For stationery for the President of the Senate, $4,500, for officers of the Senate and the Conference of the Majority and Conference of the Minority of the Senate, $7,500; in all, $12,000. ADMINISTRATIVE PROVISION SECTION 1. The second sentence of section 120 of Public Law 97-51 (2 U.S.C. 61g-6) is amended by inserting immediately before the

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Page:United States Statutes at Large Volume 99 Part 1.djvu/817

 PUBLIC LAW 99-151—NOV. 13, 1985 period at the end thereof the following: ", except that vouchers shall not be required for payment of long-distance telephone calls". HOUSE OF REPRESENTATIVES MILEAGE OF MEMBERS

For mileage of Members, as authorized by law, $150,000. HOUSE LEADEBSHIP OFFICES

For salaries and expenses, as authorized by law, $3,357,000, including: Office of the Speaker, $775,000, including $18,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $688,000, including $10,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $767,000, including $10,000 for official expenses of the Minority Leader; Office of the Majority Whip, $603,000, including $1,000 for official expenses of the Majority Whip and not to exceed $145,540 for the Chief Deputy Majority Whip; Office of the Minority Whip, $524,000, including $1,000 for official expenses of the Minority Whip and not to exceed $76,840 for the Chief Deputy Minority Whip. SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as authorized by law, $47,914,000, including: Office of the Clerk, $13,656,000; Office of the Sergeant at Arms, including overtime, as authorized by law, $18,269,000; Office of the Doorkeeper, includ^g overtime, as authorized by law, $6,678,000; Office of the Postmaster, $2,075,000, including $46,722 for employment of substitute messengers and extra services of regular employees when required at the salary rate of not to exceed $16,278 per annum each; Office of the Chaplain, $73,000; Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of Rules, $623,000; for salaries and expenses of the Office for the Bicentennial of the House of Representatives, $219,000; for salaries and expenses of the Office of the Law Revision Counsel of the House, $859,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $2,800,000; six minority employees, $434,000; the House Democratic Steering Committee and Caucus, $617,000; the House Republican Conference, $617,000; and Other Authorized Employees, $994,000. Such amounts as are deemed necessary for the payment of salaries of officers and employees under this head may be transferred between the various offices and activities within this appropriation, "Salaries, officers and employees", upon the approval of the Committee on Appropriations of the House of Representatives. COMMITTEEMPLOYEES

For professional and clerical employees of standing committees, including the Committee on Appropriations and the Committee on the Budget, $44,325,000.

99 STAT. 795

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Page:United States Statutes at Large Volume 99 Part 1.djvu/818

 99 STAT. 796

PUBLIC LAW 99-151—NOV. 13, 1985 COMMITTEE ON APPROPRIATIONS (STUDIES AND INVESTIGATIONS)

2 USC 72a.

For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act, 1946, and to be available for reimbursement to agencies for services performed, $4,275,000. COMMITTEE ON THE BUDGET (STUDIES)

88 Stat. 299; oo4?^ ^oi«^^^'

For salaries, expenses, and studies by the Committee on the Budget, and temporary personal services for such committee to be expended in accordance with sections 101(c), 606, 703, and 901(e), of the Congressional Budget Act of 1974, and to be available for reimbursement to agencies for services performed, $296,000.

88 Stat. 330. MEMBERS' CLERK HIRE

For staff employed by each Member in the discharge of his official and representative duties, $166,762,000. CONTINGENT EXPENSES OF THE HOUSE ALIX)WANCES AND EXPENSES

For allowances and expenses as authorized by House resolution or law, $133,426,000, including: Official Expenses of Members, $81,000,000; supplies, materials, administrative costs and Federal tort claims, $16,946,000; furniture and furnishings, $1,000,000; stenographic reporting of committee hearings, $500,000; reemployed annuitants reimbursements, $1,200,000; Government contributions to employees' life insurance fund, retirement fund. Social Security fund. Medicare fund and health benefits fund, $32,158,000; and miscellaneous items including, but not limited to, purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions and gratuities to heirs of deceased employees of the House, $622,000. Such amounts as are deemed necessary for the payment of allowances and expenses under this head may be transferred between the various categories within this appropriation, "Allowances and expenses", upon the approval of the Committee on Appropriations of the House of Representatives. STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and select, authorized by the House, $46,960,000. ADMINISTRATIVE PROVISIONS

SEC. 101. Of the amounts appropriated in fiscal year 1986 for the House of Representatives under the headings "Committee employees", "Standing Committees, special and select", "Salaries, officers and employees, "Allowances and expenses", and "Members' clerk hire", such amounts as are deemed necessary for the payment of salaries and expenses may be transferred among the aforemen-

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Page:United States Statutes at Large Volume 99 Part 1.djvu/819

 PUBLIC LAW 99-151—NOV. 13, 1985

99 STAT. 797

tioned accounts upon approval of the Committee on Appropriations of the House of Representatives. SEC. 102. (a) The first sentence of section 5 of House Resolution 2 USC 3lb-5. 1238, Ninety-first Congress, as enacted into permanent law by Public Law 91-665 (84 Stat. 1989) and supplemented by subsection 2 USC 3ib-i— (a) of Public Law 93-532 (88 Stat. 1723), is amended by striking out 3ib-6 "not to exceed $3,000" the first place it appears and inserting in lieu ^ ^^ ^^° ^ thereof "not to exceed the then current rate for step 5 of level 11 of ^° ' the House Employees Schedule", by striking out "not to exceed $3,000" the second place it appears and inserting in lieu thereof "not to exceed the then current rate for step 9 of level 8 of such Schedule", and by striking out "not to exceed $9,000" and inserting in lieu thereof "not to exceed the then current rate for step 1 of level 6 of such Schedule". (b) House Resolution 1238, Ninety-first Congress, as so enacted and supplemented, is further amended by striking out sections 3 and 2 USC 3ib-l— 6, by striking out, Li section 2, "in the manner provided by ap- p\Hcp ^-.u-, plicable provisions of the Legislative Appropriation Act, 1955, as Z^X^ amended by the Act of June 13, 1957 (71 Stat. 82; Public Law 85-54)" 2 USC 3ib-3, and all that follows through "as amended or supplemented after 3ib-6. such date," and inserting in lieu thereof "an allowance equal to the 2 USC 3lb-2. base allowance component of the Official Expenses Allowance then currently in effect for each Member of the House (to be paid in the same manner as such Allowance)", by striking out "reimbursement, from" and inserting in lieu thereof "have", and by inserting "be available for payment o f after "of the House" the first place it appears. SEC. 103. (a) Two additional employees are authorized for each of the following: (1) the House Democratic Steering and Policy Committee; and (2) the House Republican (Conference. (b) The annual rate of pay for the positions established under subsection (a) shall not exceed 60 percent of the annual rate of pay payable from time to time for level V of the Executive Schedule under section 5316 of title 5, United States C!ode. JOINT ITEMS For joint committees, as follows: CONTINGENT EXPENSES OF THE SENATE JOINT E C O N O M I C COMMITTEE

For salaries and expenses of the Joint Economic Committee, $2,644,000. JOINT COMMITTEE ON PRINTING

For salaries and expenses of the Joint Committee on Printing, $919,000. CONTINGENT EXPENSES OF THE HoUSE JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, $3,705,000, to be disbursed by the Clerk of the House. For other joint items, as follows:

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Page:United States Statutes at Large Volume 99 Part 1.djvu/820

 99 STAT. 798

PUBLIC LAW 99-151—NOV. 13, 1985 OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including (1) an allowance of $1,000 per month to the Attending Physician; (2) an allowance of $600 per month to one Senior Medical Officer while on duty in the Attending Physician's office; (3) an allowance of $200 per month each to two medical officers while on duty in the Attending Physician's office; (4) an allowance of $200 per month each to not to exceed eleven assistants on the basis heretofore provided for such assistance; and (5) $744,800 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, such amount shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $1,056,000, to be disbursed by the Clerk of the House. CAPITOL POUCE GENERAL EXPENSES

For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including advance payment for travel for training or other purposes, and expenses associated with the relocation of instructor personnel to and from the Federal Law Enforcement Training Center as approved by the Chairman of the Capitol Police Board, and including $80 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board, $1,336,000, to be disbursed by the Clerk of the House: Provided, That the funds used to maintain the petty cash fund referred to as "Petty Cash 11" which is to provide for the prevention and detection of crime shall not exceed $4,000: Provided further. That the funds used to maintain the petty cash fund referred to as "Petty Cash III" which is to provide for the advance of travel expenses attendant to protective assignments shall not exceed $4,000. CAPITOL POLICE BOARD

Funds available for obligations for fiscal year 1986 to enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $109,000, to be disbursed by the Clerk of the House. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, and the Mayor of the District of Columbia is authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instructions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other duties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail personnel shall be made to the government of

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Page:United States Statutes at Large Volume 99 Part 1.djvu/821

 PUBLIC LAW 99-151—NOV. 13, 1985 the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, and the Second Deficiency Appropriation Act, 1940, from the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges, and the benefits to the same extent as though such detail had not been made, and at the termination thereof any such person shall have a status with respect to rank, pay, allowances, privileges, and benefits which is not less than the status of such person in such police at the end of such detail. No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board.

99 STAT. 799

55 Stat. 446. 54 Stat. 628. ^

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OFFICIAL MAIL COSTS

For expenses necessary for official mail costs, $100,000,000, to be disbursed by the Clerk of the House, to be available immediately upon enactment of this Act. CAPITOL GUIDE SERVICE

For salaries and expenses of the Capitol Guide Service, $867,000, to be disbursed by the Secretary of the Senate: Provided, That none of these funds shall be used to employ more than twenty-eight individuals: Provided further. That the Capitol Guide Board is authorized, during emergencies, to employ not more than two additional individuals for not more th£m one hundred twenty days each, and not more than ten additional individuals for not more than six months each, for the Capitol Guide Service. STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the first session of the Ninety-ninth Congress, showing appropriations made, indefinite appropriations, and contracts authorized, tc^ether with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chairman of such committees to supervise the work. OFFICE OF TECHNOLOGY ASSESSMENT SALARIES AND EXPENSES

For salaries and expenses necessary to carry out the provisions of the Technology Assessment Act of 1972 (Public Law 92-484), includ- 2 USC 471 note. ing reception and representation expenses (not to exceed $3,000 from the Trust Fund), and rental of space in the District of Columbia, and those necessary to carry out the duties of the Director of the Office

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Page:United States Statutes at Large Volume 99 Part 1.djvu/822

 99 STAT. 800

PUBLIC LAW 99-151—NOV. 13, 1985

of Technology Assessment under section 1886 of the Social Security 42 USC I395ww. Act as amended by section 601 of the Social Security Amendments of 1983 (Public Law 98-21), $15,300,000: Provided, That none of the funds in the Act shall be available for salaries or expenses of any employee of the Office of Technology Assessment in excess of 143 staff employees: Provided further. That no part of this appropriation shall be available for assessments or activities not initiated and 2 USC 472. approved in accordance with section 3(d) of Public Law 92-484, except that funds shall be available for the assessment required by 38 USC 101 note. Public Law 96-151. CONGRESSIONAL BUDGET OFFICE SALARIES AND EXPENSES

For salaries and expenses necessary to carry out the provisions of 2 USC 621 note, the Congressional Budget Act of 1974 (Public Law 93-344), $16,886,000: Provided, That none of these funds shall be available for the purchase or hire of a passenger motor vehicle: Provided further. That none of the funds in this Act shall be available for salaries or expenses of any employee of the Congressional Budget Office in 2 USC 605. excess of 222 staff employees: Provided further. That any sale or lease of property, supplies, or services to the Congressional Budget Office shall be deemed to be a sale or lease of such property, supplies, or services to the Congress subject to section 903 of Public 2 USC 111b. Law 98-63. ARCHITECT OF THE CAPITOL OFFICE OF THE ARCHITECT OP THE CAPITOL SALARIES

For the Architect of the Capitol; the Assistant Architect of the Capitol; the Executive Assistant; and other personal services; at rates of pay provided by law, $5,417,000. TRAVEL

40 USC 166a.

Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000. CONTINGENT EXPENSES

40 USC I66d, I66e.

To enable the Architect of the Capitol to make surveys and studies, to incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704), and to meet unforeseen exx)enses in connection with activities under his care, $100,000. CAPITOL BUILDINGS AND GROUNDS CAPITOL BUILDINGS

" '

For all necessary expenses for the maintenance, care and operation of the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including furnishings and office equipment; not to

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Page:United States Statutes at Large Volume 99 Part 1.djvu/823

 PUBLIC LAW 99-151—NOV. 13, 1985

99 STAT. 801

exceed $1,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; purchase or exchange, maintenance and operation of a passenger motor vehicle; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $10,880,000. Of the funds appropriated under this head in Public Law 98-367, 98 Stat. 482. not to exceed $109,000 shall remain available until September 30, 1986. CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power Plant, $3,510,000, of which $495,000 shall be available until expended for the procurement and installation of hydraulic security barriers at vehicular entrances to the Capitol grounds, subject to the approval of the design development drawings by the House and Senate Committees on Appropriations: Provided, That the passenger motor vehicles authorized by Public Law 94-440 (90 Stat. 1453), approved October 1, 1976, to provide a shuttle service 40 USC 224. for Members and employees of Congress may be used for the 40 USC 223. transportation of House Pages to and from special events associated with their education when approved by the House of Representatives Page Board: Provided further, That the use of the said passenger motor vehicles for transportation of House Pages shall not interfere with the shuttle service for Members and employees of the Congress. SENATE OFFICE BUILDINGS

For all necessary expenses for maintenance, care and operation of the Senate Office Buildings; and furniture and furnishings, to be expended under the control and supervision of the Architect of the Capitol, $19,163,000, of which $649,000 shall remain available until expended. Of the funds appropriated under this head in Public Law 98-367 98 Stat. 483. for demolition and paving of Square 724, $561,000 shall remain available until September 30, 1986. HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of the House Office Buildings, including the position of Superintendent of Garages as authorized by law, $22,088,000, of which $1,500,000 shall remain available until expended. CAPITOL POWER PLANT

For all necessary expenses for the maintencmce, care and operation of the Capitol Power Plant; for lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Congressionm Library Buildings, and the grounds about the same. Botanic Garden, Senate garage, and for air conditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office and Washington City Post Office and heating and chilled water for air conditioning for the Supreme Court Building, Union Station com-

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Page:United States Statutes at Large Volume 99 Part 1.djvu/824

 99 STAT. 802

PUBLIC LAW 99-151—NOV. 13, 1985 plex and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation; $23,495,000: Provided, That not to exceed $1,950,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 1986. LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of section 203 2 USC 166 and of the Legislative Reorganization Act of 1946, as amended by section note. 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166) and to revise and extend the Annotated Constitution of the United States of America, $38,963,000: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library o^ f Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate 2 USC 166. Committee on Rules and Administration: Provided further. That, notwithstanding any other provisions of law, the compensation of the Director of the Congressional Research Service, Library of Congress, shall be at an annual rate which is equal to the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. GOVERNMENT PRINTING OFFICE CONGRESSIONAL PRINTING AND BINDING

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); and printing and binding of Government publications authorized by law to be distributed to Members of Congress, $69,405,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture) or for printing and binding copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under 44 U.S.C. 906: Provided further. That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. This title may be cited as the "Congressional Operations Appropriation Act, 1986".

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Page:United States Statutes at Large Volume 99 Part 1.djvu/825

 PUBLIC LAW 99-151—NOV. 13, 1985 ti.

99 STAT. 803

TITLE II—OTHER AGENQES BOTANIC GARDEN

'

SALARIES AND EXPENSES

For all necessary expenses for the maintenance, care and operation of the Botanic Garden €uid the nurseries, buildings, grounds, and collections; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $2,188,000: Provided, That appropriations under this head shall be available for Bartholdi Fountain repairs without regard to section 3709 of the Revised Statutes, as amended. 41 USC 5. LIBRARY OF CONGRESS ®^ * ^

SALARIES AND EXPENSES

For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care and maintenance of the Library Buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation sind maintenance of the American Folklife Center and the American Television and Radio Archives in the Library; preparation and distribution of catalog cards and other publications of the Library; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $138,047,000, of which not more than $4,300,000 shall be derived from collections credited to this appropriation during fiscal year 1986 under the Act of June 28, 1902, as amended (2 U.S.C. 150): Provided, That the total amount available for obligation shall be reduced by the amount by which collections are less than the $4,300,000: Provided further. That, of the total amount appropriated, $4,717,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other materials including subscriptions for bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections. COPYRIGHT OFFICE SALARIES AND EXPENSES

For necessary expenses of the Cop3rright Office, including publication of the decisions of the United States courts involving copyrights, $17,631,000, of which not more than $6,000,000 shall be derived from collections credited to this appropriation during fiscal year 1986 under 17 U.S.C. 708(c), and not more than $750,000 shall be derived from collections during fiscal year 1986 under 17 U.S.C. lll(d)(3) and 116(c)(l): Provided, That the total amount available for obligation shall be reduced by the amount by which collections are less than the $6,750,000.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/826

 99 STAT. 804

PUBLIC LAW 99-151—NOV. 13, 1985 BOOKS FOR THE B U N D AND PHYSICALLY HANDICAPPED SALARIES A N D EXPENSES

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931, as amended (2 U.S.C. 135a), $33,761,000. COLLECTION AND DISTRIBUTION OF LIBRARY MATERIALS (SPECIAL FOREIGN CURRENCY PROGRAM)

For necessary expenses for carrying out the provisions of section 104(b)(5) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $832,000, of which $711,000 shall be available only for pa3mients in any foreign currencies owed to or owned by the United States which the Treasury Department shall determine to be excess to the normal requirements of the United States. FURNITURE AND FURNISHINGS

For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $891,000. ADMINISTRATIVE PROVISIONS

SEC. 201. Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $126,610, of which $47,800 is for the Congressional Research Service, when specifically authorized by the Librarian, for expenses of attendance at meetings concerned with the function or activity for which the appropriation is made. SEC. 202. (a) No part of the funds appropriated in this Act shall be used by the Library of Congress to administer any flexible or compressed work schedule which— (1) applies to any manager or supervisor in a position the grade or level of which is equal to or higher than GS-15; and (2) grants the manager or supervisor the right to not be at work for all or a portion of a workday because of time worked by the manager or supervisor on another workday. (b) For purposes of this section, the term "manager or supervisor" means any management official or supervisor, as such terms are defined in section 7103(a) (10) and (11) of title 5, United States Code. ARCHITECT OF THE CAPITOL LIBRARY BUILDINGS AND GROUNDS STRUCTURAL AND MECHANICAL CARE

For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $5,785,000.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/827

 PUBLIC LAW 99-151—NOV. 13, 1985 ,

99 STAT. 805

COPYRIGHT ROYALTY TRIBUNAL SALARIES AND EXPENSES

For necessary expenses of the Copyright Royalty Tribunal, $519,000, of which $363,000 shall be derived by collections from the appropriation "Payments to Copjrright Owners" for the reasonable costs incurred in proceedings involving distribution of royalty fees as provided by 17 U.S.C. 807. GOVERNMENT PRINTING OFFICE PRINTING AND BINDING

For printing, binding, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $11,555,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further. That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. OFFICE OF SUPERINTENDENT OF DOCUMENTS SALARIES A N D EXPENSES

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the provisions of 44 U.S.C. 305; travel expenses (not to exceed $107,000); price lists and bibliographies; repairs to buildings, elevators, and machinery; and supplying books to depository Ubraries; $25,981,000, of which $3,000,000 shall be derived from the Government Printing Office revolving fund, representing excess receipts from the sale of publications: Provided, That $300,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 1512), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. GOVERNMENT PRINTING OFFICE REVOLVING FUND

The Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Oirporation (Dontrol Act, as amended, as may be nee- 3i use 9104. essary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the "Government Printing Office revolving fund": Provided, That not to exceed $5,000 may be expended on the certification of the Public Printer in connection with official representation and reception expenses: Provided further. That during the current fiscal year the revolving fund shall be available for the hire of eight passenger motor vehicles: Provided further, That expenditures in connection with travel expenses of the

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Page:United States Statutes at Large Volume 99 Part 1.djvu/828

 99 STAT. 806

PUBLIC LAW 99-151—NOV. 13, 1985 advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further. That the revolving fund shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS-18: Provided further. That the revolving fund shall be available to acquire needed land, located in Northwest D.C., which is adjacent to the present Government Printing Office, and is bounded by Massachusetts Avenue and the southern property line of the Government Printing Office, between North Capitol Street and First Street. The land to be purchased is identified as Parcels 45-D, 45-E, 45-F, and 47-A in Square 625, and includes the alleys adjacent to these parcels, and G Street, N.W. from North Capitol Street to First Street: Provided further, That the revolving fund and the funds provided under the paragraph entitled "Office of Superintendent of Documents, Salaries and expenses" together may not be available for the employment of more than 5,480 employees at any time. GENERAL ACCOUNTING OFFICE SALARIES AND EXPENSES

For necessary expenses of the General Accounting Office, including not to exceed $5,000 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS-18; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with 31 U.S.C. 3324; benefits comparable to those payable under sections 901(5), 901(6) and 901(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 4081(6) and 4081(8), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 23960))); $300,992,000: Provided, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program (JfTMIP) shall be available to finance an appropriate share of JFMIP costs as determined by the JFMIP, including but not limited to the salary of the Executive Director and secretarial support: Provided further. That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to fin£mce an appropriate share of Forum costs as determined by the Forum, including necessary travel expenses of non-Federal particiants. Payments hereunder to either the Forum or the JFMIP may e credited as reimbursements to any appropriation from which costs involved are initially financed: Provided further. That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the American

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Page:United States Statutes at Large Volume 99 Part 1.djvu/829

 PUBLIC LAW 99-151—NOV. 13, 1985 Consortium on International Public Administration (ACIPA) shall be available to finance an appropriate share of ACIPA costs as determined by the ACIPA, including any expenses attributable to membership of ACIPA in the International Institute of Administrative Sciences: Provided further. That this appropriation shall be available to finance a portion, not to exceed $50,000 of the costs of the Governmental Accounting Standards Board: Provided further. That this appropriation shall be available for the expenses of planning the triennial Congress of the International Organization of Supreme Audit Institutions (INTOSAI) to be hosted by the U.S. General Accounting Office in Washington, D.C., in 1992. SEC. 203. Section 7(b) of Public Law 90-545 (16 U.S.C. 79g(b)) is amended to read as follows: "(b) Judgments against the United States, including final partial judgments and compromise settlements of claims referred to the Attorney General for defense of suits against the United States, for amounts in excess of the deposit in court in actions under section 3 of this Act shall be paid in accordance with the provisions of section 1304 of title 31, and section 2414 of title 28, United States Code. Final partial judgments and compromise settlements are payable only after certification by the Attorney General to the Comptroller General that it is in the interest of the United States to do so."

99 STAT. 807

16 USC 79c.

RAILROAD ACCOUNTING PRINCIPLES BOARD SALARIES AND EXPENSES

For salaries and expenses of the Railroad Accounting Principles Board, $750,000, to be expended in accordance with the provisions of H.R. 4439, 98th Congress, as passed by the House of Representatives on February 7, 1984. TITLE m—GENERAL PROVISIONS SEC. 301. No part of the funds appropriated in this Act shall be Prohibition. used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the (Jommittee on House Administration. SEC. 302. No part of any appropriation contained in this Act shall Prohibition. remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 303. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein 2 USC 60b. or whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto. SEC. 304. The expenditure of any appropriation under this Act for contracts. any consulting service through procurement contract, pursuant to 5 Public U.S.C. 3109, shall be limited to those contracts where such expendi- information. tures are a matter of public record and available for public inspec-

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Page:United States Statutes at Large Volume 99 Part 1.djvu/830

 99 STAT. 808

Government Printing Office. Contracts.

PUBLIC LAW 99-151—NOV. 13, 1985 tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 305. (a) Section 311 of title 44, United States Code, is amended by inserting "(a)" before "Purchases" and by adding at the end the following: "(b) In addition to the authority to negotiate otherwise provided by law, the Public Printer may negotiate purchases and contracts for supplies or services for which the Public Printer determines that it is impracticable to secure competition by advertising. The Public Printer may not award a contract under this subsection unless he justifies the use of negotiation in writing and certifies the accuracy and completeness of the justification. The justification shall set out facts and circumstances that clearly and convincingly establish that advertising would not be practicable for such contract. Such a justification is final and a copy thereof shall be maintained in the Government Printing Office for at least 6 years after the date of the determination. The Public Printer may designate one or more employees of the Government Printing Office to carry out this subsection.". (b)(1) The heading for section 311 of such title 44 is amended by adding at the end the following: "; contract negotiation authority". (2) The table of sections of chapter 3 of title 44, United States Code, is amended by striking out the item relating to section 311 and inserting in lieu thereof the following: "311. Purchases exempt from the Federal Property and Administrative Services Act; contract negotiation authority.".

United States Senate Caucus on International Narcotics Control. 22 USC 2291 note. Ante, p. 455.

.f&.'tiidiHo''M

SEC. 306. (a) Notwithstanding the provisions of this or any other Act, the United States International Narcotics Control Commission, established by section 814 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, is hereby redesignated and shall hereafter be known as the United States Senate Caucus on International Narcotics Control. (b) Any reference to the United States International Narcotics Control Commission in any law, regulation, document, record, or

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Page:United States Statutes at Large Volume 99 Part 1.djvu/831

 PUBLIC LAW 99-151—NOV. 13, 1985 other official paper of the United States shall be deemed to be a reference to the United States Senate Caucus on International Narcotics Control. This Act may be cited as the "Legislative Branch Appropriations Act, 1986". Approved November 13, 1985.

LEGISLATIVE HISTORY—H.R. 2942: HOUSE REPORTS: No. 99-194 (Comm. on Appropriations) and No. 99-321 (Comm. of Conference). SENATE REPORT No. 99-111 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 131 (1985): July 18, considered and passed House. July 31, considered and passed Senate, amended. Oct. 29, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Senate agreed to conference report; concurred in House amendments.

99 STAT. 809

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 99 STAT. 810

PUBLIC LAW 99-152—NOV. 13, 1985 Public Law 99-152 99th Congress Joint Resolution

Nov. 13, 1985 [S.J. Res. 47]

Designating the week beginning November 10, 1985, as "National Women Veterans Recognition Week".

Whereas there are more than one million one hundred and sixty thousand women veterans in this country, representing 4.1 per centum of the total veteran population; Whereas the number and proportion of women veterans will continue to grow as the number and proportion of women serving in the Armed Forces continue to increase; Whereas women veterans through honorable military service often involving hardship and danger have contributed greatly to our national security; Whereas the contributions and sacrifices of women veterans on behalf of this Nation deserve greater public recognition and appreciation; Whereas the special needs of women veterans, especially in the area of health care, have often been overlooked or inadequately addressed by the Federal Government; Whereas this lack of attention to the special needs of women veterans has discouraged or prevented women veterans from taking full advantage of the benefits and services to which they are entitled as veterans of the United States Armed Forces; and Whereas recognition of women veterans by the Congress and the President through enactment of legislation declaring the week beginning on November 10, 1985, as "National Women Veterans Recognition Week" would serve to create greater public awareness and recognition of the contributions of women veterans, to express the Nation's appreciation for their service, to inspire more responsive care and services for women veterans and to continue and reinforce important gains made in this regard last year as a result of the designation of the first National Womens Veterans Recognition Week during the week of November 11, 1984: Now, therefore, be it

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Page:United States Statutes at Large Volume 99 Part 1.djvu/833

 PUBLIC LAW 99-152—NOV. 13, 1985

99 STAT. 811

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week beginning on November 10, 1985, is designated "National Women Veterans Recognition Week". The President is requested to issue a proclamation calling upon all citizens, community leaders, interested organizations, and Government officials to observe that week with appropriate programs, ceremonies, and activities. Approved November 13, 1985.

LEGISLATIVE HISTORY—S.J. Res. 47: CONGRESSIONAL RECORD, Vol. 131 (1985): Apr. 15, considered and passed Senate. Nov. 6, considered and passed House.

51-194

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88

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 99 STAT. 812

PUBLIC LAW 99-153—NOV. 14, 1985 Public Law 99-153 99th Congress Joint Resolution

Nov. 14, 1985 [S.J. Res. 51]

To designate the week beginning November 24, 1985, as "National Adoption Week".

Whereas the week of November 24 has been commemorated as National Adoption Week for the past ten years; Whereas we in Congress recognize the essential value of belonging to a secure, loving permanent family as every child's basic right; Whereas approximately fifty thousand children who have special needs—school age, in sibling groups, members of minorities, or children with physical, mental, and emotional handicaps—are now in foster care or institutions financed at public expense and are legally free for adoption; Whereas the adoption by capable parents of these institutionalized or foster care children into permanent, adoptive homes would insure the opportunity for their continued happiness and longrange well-being; Whereas public and private barriers inhibiting the placement of these special needs children must be reviewed and removed where possible to assure these children's adoption; Whereas the public and prospective parents must be informed of the availability of adoptable children; Whereas a variety of media, agencies, adoptive parent and advocacy groups, civic and church groups, businesses, and industries will feature publicity and information to heighten community awareness of the crucial needs of waiting children; and Whereas the recognition of Thanksgiving week as "National Adoption Week" is in the best interest of adoptable children and the public in general: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 24 through November 30, 1985, hereby is designated "National Adoption Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved November 14, 1985.

LEGISLATIVE HISTORY—S.J. Res. 51: CONGRESSIONAL RECORD, Vol. 131 (1985): July 19, considered and passed Senate. Nov. 6, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/835

 PUBLIC LAW 99-154—NOV. 14, 1985

99 STAT. 813

Public Law 99-154 99th Congress Joint Resolution Making further continuing appropriations for the fiscal year 1986.

Nov. 14, 1985 [H.J. Res. 441]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That section 102(c) of the joint resolution of September 30, 1985 (Public Law 99103) is hereby amended by striking out "November 14, 1985" and Ante, p. 473. inserting in lieu thereof "December 12, 1985". Approved November 14, 1985.

LEGISLATIVE HISTORY—H.J. Res. 441: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 12, considered and passed House. Nov. 13, considered and passed Senate.

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 99 STAT. 814

PUBLIC LAW 99-155—NOV. 14, 1985 Public Law 99-155 99th Congress An Act

Nov. 14, 1985 [H.R. 3721]

Securities. 31 USC 3101 note.

Prohibition. 26 USC 5701 note. 26 USC 1 note.

45 USC 360.

42USei395ww note.

To temporarily increase the limit on the public debt and to restore the investments of the Social Security Trust Funds and other trust funds.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. That, during the period beginning on the date of the enactment of this Act and ending on December 6, 1985, the public debt limit set forth in subsection (b) of section 3101 of title 31, United States Code, shall be temporarily increased by an amount determined by the Secretary of the Treasury as necessary to permit the United States to meet its obligations. The Secretary of the Treasury shall immediately upon enactment restore to the Social Security Trust Funds, or any other trust funds established pursuant to Federal law, any securities disinvested since September 30, 1985. No increase under this Act shall result in a public debt limit in excess of $1,903,800,000,000. SEC. 2. (a) Subsection (c) of section 283 of the Tax Equity and Fiscal Responsibility Act of 1982 (relating to increase in tax on cigarettes) is amended by striking out "November 15, 1985" and inserting in lieu thereof "December 15, 1985". (b) Section 285 of the Trade Act of 1974 (19 U.S.C. note preceding section 2271) is amended by striking out "November 14, 1985" and inserting in lieu thereof "December 14, 1985". (c) Section 10(d) of the Railroad Unemployment Insurance Act is amended by striking out "November 14, 1985" each place it appears and inserting in lieu thereof "December 14, 1985". (d) Section 5(c) of the Emergency Extension Act of 1985 (Public Law 99-107) is amended by striking out "November 14, 1985" and inserting in lieu thereof "December 14, 1985". Approved November 14, 1985.

LEGISLATIVE HISTORY—H.R. 3721: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 13, considered and passed House; considered and passed Senate, amended. Nov. 14, House agreed to Senate amendment.

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 99 STAT. 815

PUBLIC LAW 99-156—NOV. 15, 1985

Public Law 99-156 99th Congress Joint Resolution To provide for the temporary extension of certain programs relating to housing and community development, and for other purposes.

Nov. 15, 1985 [H.J. Res. 449]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE PROGRAMS. (a) TITLE I INSURANCE.—Section 2(a) of the National Housing Act

is amended by Striking out "November 15, 1985" in the first sentence and inserting in lieu thereof "December 16, 1985".

Ante, p. 502. 12 USC 1703.

(b) GENERAL INSURANCE.—Section 217 of the National Housing

Act is amended by striking out "November 14, 1985" and inserting Ante, p. 502. 12 USC 1715h. in lieu thereof "December 15, 1985". (c) Low AND MODERATE INCOME HOUSING INSURANCE.—Section

221(f) of the National Housing Act is amended by striking out Ante, p. 502. "November 14, 1985" in the fifth sentence and inserting in lieu 12 USC 1715Z. thereof "December 15, 1985". (d) SECTION 235 HOMEOWNERSHIP.— (1) ASSISTANCE PAYMENTS AUTHORITY.—Section 235(h)(1) of the

National Housing Act is amended by striking out "Novem- Ante, p. 502. ber 14, 1985" in the last sentence and inserting in lieu thereof 12 USC 1715z. "December 15, 1985". (2) INSURANCE AUTHORITY.—Section 235(m) of the National Housing Act is amended by striking out "November 14, 1985" and inserting in lieu thereof "December 15, 1985". (3) HOUSING STIMULUS AUTHORITY.—Section 235(q)(l) of the

National Housing Act is amended by striking out "November 14, 1985" in the last sentence and inserting in lieu thereof "December 15, 1985". (e) CO-INSURANCE.— (1) GENERAL AUTHORITY.—Section

244(d) of the National Housing Act is amended by striking out "November 14, 1985" and Ante, p. 502. 12 USC 1715Z-9. inserting in lieu thereof "December 15, 1985". (2) RENTAL REHABILITATION AND DEVELOPMENT PROJECTS.—Sec-

tion 244(h) of the National Housing Act is amended by striking out "November 15, 1985" in the last sentence and inserting in lieu thereof "December 16, 1985". (f) GRADUATED PAYMENT AND INDEXED MORTGAGE INSURANCE.—

Section 245(a) of the National Housing Act is amended by striking Ante, p. 502. out "November 14, 1985" in the last sentence and inserting in lieu 12USei715z-10. thereof "December 15, 1985". (g) REINSURANCE CONTRACTS.—Section 249(a) of the

National

Housing Act is amended by striking out "November 14, 1985" in the Ante, p. 502. second sentence and inserting in lieu thereof "December 15, 1985". 12USei715z-14. (h) ARMED SERVICES HOUSING INSURANCE.— (1) CiviuAN EMPLOYEES OF ARMED FORCES.—Section

809(f) of the National Housing Act is amended by striking out "Novem- Ante, p. 503. 12 USC 1748h-l.

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 99 STAT. 816

Ante, p. 503. 12 USC 1748h-2.

PUBLIC LAW 99-156—NOV. 15, 1985 ber 14, 1985" in the last sentence and inserting in lieu thereof "December 15, 1985". (2) DEFENSE HOUSING FOR IMPACTED AREAS.—Section 810(k) of the National Housing Act is amended by striking out "November 14, 1985" in the last sentence and inserting in lieu thereof "December 15, 1985". (i) LAND DEVELOPMENT INSURANCE.—Section 1002(a) of the Na-

tional Housing Act is amended by striking out "November 14, 1985" in the last sentence and inserting in lieu thereof "December 15, 1985". (j) GROUP PRACTICE FACILITIES INSURANCE.—Section 1101(a) of the Ante, p. 503. National Housing Act is amended by striking out "November 14, 12 USC 1749aaa. 1985" in the last sentence and inserting in lieu thereof "December 15, 1985". Ante, p. 503. 12 USC 1749bb.

SEC. 2. EXTENSION OF REHABILITATION LOAN AUTHORITY. Ante, p. 503. 42 USC 1452b.

Section 312(h) of the Housing Act of 1964 is amended— (1) by striking out "November 14, 1985" and inserting in lieu thereof "December 15, 1985"; and (2) by striking out "November 15, 1985" and inserting in lieu thereof "December 16, 1985". SEC. 3. EXTENSION OF RURAL HOUSING AUTHORITIES. (a) RENTAL HOUSING LOAN AUTHORITY.—Section 515(b)(4) of the

Ante, p. 503. 42 USC 1485.

Housing Act of 1949 is amended by striking out "November 14, 1985" and inserting in lieu thereof "December 15, 1985".

Ante, p. 503. 42 USC 1490.

of 1949 is amended by striking out "November 14, 1985" in the last sentence and inserting in lieu thereof "December 15, 1985".

Ante, p. 503. 42 USC 1490c.

ITY.—Section 523(0 of the Housing Act of 1949 is amended by striking out "November 14, 1985" and inserting in lieu thereof "December 15, 1985".

(b) RURAL AREA CLASSIFICATION.—Section 520 of the Housing Act

(c) MUTUAL AND SELF-HELP HOUSING GRANT AND LOAN AUTHOR-

SEC. 4. EXTENSION OF FLOOD AND CRIME INSURANCE PROGRAMS. (a) FLOOD INSURANCE.— (1) GENERAL AUTHORITY.—Section 1319 of the National Flood Ante, p. 503. 42 USC 4026. Ante, p. 503. 42 USC 4056.

Ante, p. 503. 42 USC 4101.

Ante, p. 503. 12 USC 1749bbb.

Insurance Act of 1968 is amended by striking out "November 14, 1985" and inserting in lieu thereof "December 15, 1985". (2) EMERGENCY IMPLEMENTATION.—Section 1336(a) of the National Flood Insurance Act of 1968 is amended by striking out "November 14, 1985" and inserting in lieu thereof "December 15, 1985". (3) ESTABLISHMENT OF FLOOD-RISK ZONES.—Section 1360(a)(2) of the National Flood Insurance Act of 1968 is amended by striking out "November 14, 1985" and inserting in lieu thereof "December 15, 1985". (b) CRIME INSURANCE.—Section 1201(b)(1) of the National Housing Act is amended by striking out "November 14, 1985" in the matter preceding subparagraph (A) and inserting in lieu thereof "December 15, 1985". SEC. 5. MISCELLANEOUS EXTENSIONS. (a) COMMUNITY DEVELOPMENT BLOCK GRANT CLASSIFICATIONS.—

Ante, p. 504. 42 USC 5302.

(1) METROPOUTAN CITY.—Section 102(a)(4) of the Housing and Community Development Act of 1974 is amended by striking

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 PUBLIC LAW 99-156—NOV. 15, 1985 out "November 14, 1985" in the second sentence and inserting in lieu thereof "December 15, 1985". (2) URBAN COUNTY.—Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended by striking out "November 14, 1985" in the second sentence and inserting in lieu thereof "December 15, 1985".

99 STAT. 817

Ante, p. 504. 42 USC 5302.

(b) SECTION 202 INTEREST RATE LIMITATION.—Section 223(a)(2) of

the Housing and Urban-Rural Recovery Act of 1983 is amended by Ante, p. 504. striking out "November 15, 1985" and inserting in lieu thereof 12 USC iTOiq "December 16, 1985". '^"^^ (c) HOME MORTGAGE DISCLOSURE ACT OF 1975.—Section 312 of the Home Mortgage Disclosure Act of 1975 is amended by striking out Ante, p. 504. "November 15, 1985" and inserting in lieu thereof "December 16, 12 USC 2811. 1985". Approved November 15, 1985.

LEGISLATIVE HISTORY—H.J. Res. 449: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 14, considered and passed House and Senate.

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 99 STAT. 818

PUBLIC LAW 99-157—NOV. 15, 1985 Public Law 99-157 99th Congress An Act

Nov. 15, 1985 [S. 1851]

Ante, p. 488.

Ante, p. 488. Effective date. Cotton.

Peanuts.

Tobacco.

To extend temporarily the dairy price support program and certain food stamp program provisions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 201(d)(1)(B) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)(1)(B)) is amended by striking out "November 15, 1985" and inserting in lieu thereof "December 13, 1985". SEC. 2. The last sentence of section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)) is amended by striking out "November 15, 1985" and inserting in lieu thereof "December 13, 1985". SEC. 3. Effective for the period beginning November 16, 1985, and ending December 13, 1985, section 19(a)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2028(a)(l)(A)) is amended by striking out "noncash". SEC. 4. Section 343 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1343) is amended by striking out the last sentence and inserting in lieu thereof the following: "Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for cotton for the marketing year beginning August 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress.". SEC. 5. Section 358(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358(b)) is amended by adding at the end thereof the following new sentence: "Notwithstanding any other provision hereof, the referendum with respect to marketing quotas for the crops of peanuts produced in the 1986, 1987, and 1988 calendar years may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress.". SEC. 6. (a) Section 106(f) of the Agricultural Act of 1949 (7 U.S.C. 1445(f)) is amended by adding at the end thereof the following new paragraph: "(5) For the 1985 crop of Burley tobacco, notwithstanding paragraph (4) of this section, the support level shall be $1,488 per pound.", (b) Section 106B(d)(2) of the Agricultural Act of 1949 (7 U.S.C. 1445-2(d)(2)) is amended—

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 PUBLIC LAW 99-157—NOV. 15, 1985 (1) by inserting "(A)" after the paragraph designation; and (2) by adding at the end thereof the following new subparagraph: "(B) With respect to the 1985 crop of Burley tobacco, for the purposes of paragraph (1), the marketing assessment shall not be more than 4 cents per pound.". Approved November 15, 1985.

LEGISLATIVE HISTORY—S. 1851: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 13, considered and passed Senate. Nov. 14, considered and passed House.

99 STAT. 819

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 99 STAT. 820

PUBLIC LAW 99-158—NOV. 20, 1985

Public Law 99-158 99th Congress Nov. 20, 1985 [H.R. 2409]

Health Research Extension Act of 1985. Research and development. 42 USC 201 note.

An Act

To amend the Public Health Service Act to revise and extend the authorities under that Act relating to the National Institutes of Health and National Research Institutes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1, SHORT TITLE; REFERENCE TO ACT; AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Health Research Extension Act of 1985". (b) REFERENCE TO ACT.—Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be a reference to a section or other provision of the Public Health Service Act. (c) TABLE OF CONTENTS.— Sec. 1. Short title; reference to Act; and table of contents. Sec. 2. Revision of title IV of the Public Health Service Act. "TITLE IV—NATIONAL RESEARCH INSTITUTES "PART A—NATIONAL INSTITXTTES OF HEALTH

"Sec. 401. Organization of the National Institutes of Health. "Sec. 402. Appointment and authority of Director of NIH. "Sec. 403. Report of Director of NIH. "PART B—GENERAL PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES

"Sec. 405. Appointment and authority of the Directors of the National Research Institutes. "Sec. 406. Advisory councils. "Sec. 407. Biennial report. "Sec. 408. Authorizations of appropriations. "PART C—SPECIFIC PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

410. 411. 412. 413. 414. 415. 416.

"Subpart 1—National Cancer Institute Purpose of Institute. National cancer program. Cancer control programs. Special authorities of the Director. National cancer research and demonstration centers. President's cancer panel. Associate Director for Prevention.

"Subpart 2—National Heart, Lung, and Blood Institute "Sec. 418. Purpose of the Institute. "Sec. 419. Heart, blood vessel, lung, and blood disease prevention and control programs. "Sec. 420. Information and education. "Sec. 421. National heart, blood vessel, lung, and blood diseases and blood resources program. "Sec. 422. National research and demonstration centers for heart, blood vessel, lung, and blood diseases, sickle cell anemia, and blood resources. "Sec. 423. Interagency technical committee. "Sec. 424. Associate Director for Prevention.

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 PUBLIC LAW 99-158—NOV. 20, 1985 "Subpart 3—National Institute of Diabetes and Digestive and Kidney Diseases "Sec. 426. Purpose of the Institute. "Sec. 427. Data systems and information clearinghouses. "Sec. 428. Division Directors for diabetes, endocrinology, and metabolic diseases, digestive diseases and nutrition, and kidney, urologic, and hematologic diseases. "Sec. 429. Interagency coordinating committees. "Sec. 430. Advisory boards. "Sec. 431. Research and training centers. "Sec. 432. Advisory council subcommittees. "Sec. 433. Biennial report. 'Subpart "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

4—National Institute of Arthritis and Musculoskeletal and Skin Diseases 435. Purpose of the Institute. 436. National arthritis and musculoskeletal diseeises program. 437. Research and training. 438. Data systems and information clearinghouses. 439. Interagency coordinating committees. 440. Arthritis and musculoskeletal diseases demonstration projects. 441. Multipurpose arthritis and musculoskeletal diseases centers. 442. Advisory board.

"Subpart 5—National Institute on Aging "Sec. 443. Purpose of the Institute. "Sec. 444. Special functions. "Sec. 445. Alzheimer's Disease Centers. "Subpart 6—National Institute of Allergy and Infectious Diseases "Sec. 446. Purpose of the Institute. "Subpart "Sec. 448. "Sec. 449. "Sec. 450. "Sec. 451.

7—National Institute of Child Health and Human Development Purpose of the Institute. Sudden infant death syndrome. Mental retardation research. Associate Director for Prevention.

"Subpart 8—National Institute of Dental Research "Sec. 453. Purpose of the Institute. "Subpart 9—National Eye Institute "Sec. 455. Purpose of the Institute. 'Subpart 10—National Institute of Neurological and Communicative Disorders and Stroke "Sec. 457. Purpose of the Institute. "Sec. 458. Spinal cord regeneration research. "Sec. 459. Bioengineering research. "Subpart 11—National Institute of General Medical Sciences "Sec. 461. Purpose of the Institute. "Subpart 12—National Institute of Environmental Health Sciences "Sec. 463. Purpose of the Institute. "PART D—NATIONAL LIBRARY OF MEDICINE

"Subpart 1—General provisions "Sec. 465. Purpose, establishment, and functions of the National Library of Medicine. "Sec. 466. Board of Regents. "Sec. 467. Library facilities. "Sec. "Sec. "Sec. "Sec.

469. 470. 471. 472.

"Subpart 2—Financial Assistance Authorization of appropriations. Definitions. National Medical Libraries Assistance Advisory Board. Grants for training in medical library sciences.

99 STAT. 821

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 99 STAT. 822

PUBLIC LAW 99-158—NOV. 20, 1985 "Sec. 473. Assistance for special scientific projects and for research and development in medical library science and related fields. "Sec. 474. Grants for establishing, expanding, and improving the basic resources of medical libraries and related instrumentalities. "Sec. 475. Grants and contracts for establishment of regional medical libraries. "Sec. 476. Financialsupportof biomedical scientific publications. "Sec. 477. Grant payments, records, and audit. "PART E—OTHER AGENCIES OF N I H

"Subpart 1—Division of Research Resources "Sec. 479. General purpose. "Sec. 480. Advisory council. "Sec. 481. Biennial report. "Subpart 2—John E. Fogarty International Center for Advanced Study in the Health Sciences "Sec. 482. General purpose. "Subpart 3—National Center for Nursing Research "Sec. 483. Purpose of the Center. "Sec. 484. Specific authorities. "Sec. 485. Advisory council. "Sec. 486. Biennial report. "PART F—AWARDS AND TRAINING

"Sec. 487. National research service awards. "Sec. 488. Visiting scientist awards. "Sec. 489. Studies respecting biomedical and behavioral research personnel. "PART G—GENERAL PROVISIONS

"Sec. 491. Institutional review boards; ethics guidance program. "Sec. 492. Peer review requirements. "Sec. 493. Protection against scientific fraud. "Sec. 494. Research on public health emergencies. "Sec. 495. Animals in research. "Sec. 496. Use of appropriations. "Sec. 497. Gifts. "Sec. 498. Fetal research. "Sec. 499. Construction of title.". Sec. 3. Conforming amendments. Sec. 4. Plan for research involving animals. Sec. 5. Research on lupus erjrthematosus. Sec. 6. National Research Service Award study. Sec. 7. Interagency Committee on Spinal Cord Injury. Sec. 8. Study of personnel for health needs of the elderly. Sec. 9. Interagency Committee on Learning Disabilities. Sec. 10. Review of disease research programs of the National Institute of Diabetes and Digestive and Kidney Diseases. Sec. 11. Biomedical ethics. Sec. 12. Alzheimer's disease registry. SEC. 2. REVISION OF TITLE IV OF THE PUBLIC HEALTH SERVICE ACT.

Title IV of the Public Health Service Act is amended to read as follows: "TITLE IV—NATIONAL RESEARCH INSTITUTES "PART A—NATIONAL INSTITUTES OP HEALTH "ORGANIZATION O F THE NATIONAL INSTITUTES OF HEALTH

42 USC 281.

"SEC. 401. (a) The National Institutes of Health is an agency of the Service, "(b)(1) The following national research institutes are agencies of the National Institutes of Health:

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 PUBLIC LAW 99-158—NOV. 20, 1985 "(A) The National Cancer Institute. "(B) The National Heart, Lung, and Blood Institute. "(C) The National Institute of Diabetes and Digestive and Kidney Diseases. "(D) The National Institute of Arthritis and Musculoskeletal and Skin Diseases. "(E) The National Institute on Aging. "(F) The National Institute of Allergy and Infectious Diseases. "(G) The National Institute of Child Health and Human Development. "(H) The National Institute of Dental Research. "(I) The National Eye Institute. "(J) The National Institute of Neurological and Communicative Disorders and Stroke. "(K) The National Institute of General Medical Sciences. "(L) The National Institute of Environmental Health Sciences. "(2) The following entities are agencies of the National Institutes of Health: "(A) The National Library of Medicine. "(B) The Division of Research Resources. "(C) The John E. Fogarty International Center for Advanced Study in the Health Sciences. "(D) The National Center for Nursing Research. "(c)(1) The Secretary may establish in the National Institutes of Health one or more additional national research institutes to conduct and support research, training, health information, and other programs with respect to any particular disease or groups of diseases or any other aspect of human health if— "(A) the Secretary determines that an additional institute is necessary to carry out such activities; and "(B) the additional institute is not established before the expiration of 180 days after the Secretary has provided the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate written notice of the determination made under subparagraph (A) with respect to the institute. "(2) The Secretary may reorganize the functions of any national research institute and may abolish any national research institute if the Secretary determines that the institute is no longer required. A reorganization or abolition may not take effect under this paragraph before the expiration of 180 days after the Secretary has provided the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate written notice of the reorganization or abolition. "(d) For purposes of this title, the term 'national research institute' means a national research institute listed in subsection (b) or established under subsection (c). A reference to the National Institutes of Health includes its agencies.

99 STAT. 823

"APPOINTMENT AND AUTHORITY OF DIRECTOR OF NIH

"SEC. 402. (a) The Nationed Institutes of Health shall be headed by the Director of the National Institutes of Health (hereafter in this title referred to as the 'Director of NIH') who shall be appointed by the President by and with the advice and consent of the Senate. The

42 USC 282.

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 99 STAT. 824

42 USC 241.

Post, p. 874. Real property.

Public buildings and grounds. District of Columbia.

5 USC 5101. 5 USC 5331.

Prohibition. 5 USC app.

PUBLIC LAW 99-158—NOV. 20, 1985 Director of NIH shall perform functions as provided under subsection (b) and as the Secretary may otherwise prescribe. "(b) In carrying out the purposes of section 301, the Secretary, acting through the Director of NIH— "(1) shall be responsible for the overall direction of the National Institutes of Health and for the establishment and implementation of general policies respecting the management and operation of programs and activities within the National Institutes of Health; "(2) shall coordinate and oversee the operation of the national research institutes and administrative entities within the National Institutes of Health; "(3) shall assure that research at or supported by the National Institutes of Health is subject to review in accordance with section 492; "(4) for the national research institutes and administrative entities within the National Institutes of Health— "(A) may acquire, construct, improve, repair, operate, and maintain, at the site of such institutes and entities, laboratories, and other research facilities, other facilities, equipment, and other real or personal property, and "(B) may acquire, without regard to the Act of March 3, 1877 (40 U.S.C. 34), by lease or otherwise through the Administrator of General Services, buildings or parts of buildings in the District of Columbia or communities located adjacent to the District of Columbia for use for a period not to exceed ten years; "(5) may secure resources for research conducted by or through the National Institutes of Health; "(6) may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, establish such technical and scientific peer review groups as are needed to carry out the requirements of this title and appoint and pay the members of such groups, except that officers and employees of the United States shall not receive additional compensation for service as members of such groups; "(7) may secure for the National Institutes of Health consultation services and advice of persons from the United States or abroad; "(8) may use, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, or local public agencies, with or without reimbursement therefor; "(9) may, for purposes of study, admit and treat at facilities of the National Institutes of Health individuals not otherwise eligible for such treatment; "(10) may accept voluntary and uncompensated services; and "(11) may perform such other administrative functions as the Secretary determines are needed to effectively carry out this title. The Federal Advisory Committee Act shall not apply to the duration of a peer review group appointed under paragraph (6). The members of such a group shall be individuals who by virtue of their training or experience are eminently qualified to perform the review func-

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 PUBLIC LAW 99-158—NOV. 20, 1985 tions of such group. Not more than one-fourth of the members of any such group shall be officers or employees of the United States. "(c) The Director of NIH may make available to individuals and entities, for biomedical and behavioral research, substances and living organisms. Such substances and organisms shall be made available under such terms and conditions (including payment for them) as the Secretary determines appropriate. "(d)(1) The Director of NIH may obtain (in accordance with section 3109 of title 5, United States Code, but without regard to the limitation in such section on the period of service) the services of not more than two hundred experts or consultants, with scientific or other professional qualifications, for the National Institutes of Health. "(2)(A) Except as provided in subparagraph (B), experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed, in accordance with title 5, United States Code, for their travel to and from their place of service and for other expenses associated with their assignment. "(B) Expenses specified in subparagraph (A) shall not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1) unless the expert or consultant has agreed in writing to complete the entire period of the assignment or one year of the assignment, whichever is shorter, unless separated or reassigned for reasons which are beyond the control of the expert or consultant and which are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for such expenses is recoverable from the expert or consultant as a debt due the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph. "(e) The Director of NIH shall— "(1) advise the agencies of the National Institutes of Health on medical applications of research; "(2) coordinate, review, and facilitate the systematic identification and evaluation of, clinically relevant information from research conducted by or through the national research institutes; "(3) promote the effective transfer of the information described in paragraph (2) to the health care community and to entities that require such information; and "(4) monitor the effectiveness of the activities described in paragraph (3). "(f) There shall be in the National Institutes of Health an Associate Director for Prevention. The Director of NIH shall delegate to the Associate Director for Prevention the functions of the Director relating to the promotion of the disease prevention research programs of the national research institutes and the coordination of such programs among the national research institutes and between the national research institutes and other public and private entities. The Associate Director shall annually report to the Director of NIH on the prevention activities undertaken by the Associate Director. The report shall include a detailed statement of the expend! tures made for the activities reported on and the personnel used in connection with such activities.

99 STAT. 825

• '^] .> o -

'^'' "' * "^ '

.M& IMs f

• ^' m.! t^

Report

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 99 STAT. 826

PUBLIC LAW 99-158—NOV. 20, 1985 "REPORT OF DIRECTOR OF NIH

42 USC 283.

Grants. Contracts.

Ante, p. 823.

"SEC. 403. The Secretary shall transmit to the President and to the Congress a biennial report which shall be prepared by the Director of NIH and which shall consist of— "(1) a description of the activities carried out by and through the National Institutes of Health and the policies respecting the programs of the National Institutes of Health and such recommendations respecting such policies as the Secretary considers appropriate; "(2) a description of the activities undertaken to improve grants and contracting accountability and technical and scientific peer review procedures of the National Institutes of Health and the national research institutes; "(3) the reports made by the Associate Director for Prevention under section 402(f) during the period for which the biennial report is prepared; and "(4) the biennial reports of the Directors of each of the national research institutes, the Director of the Division of Research Resources, and the Director of the National Center for Nursing Research. The first report under this section shall be submitted not later than July 1, 1986, and shall relate to the fiscal year ending September 30, 1985. The next report shall be submitted not later than December 30, 1988, and shall relate to the two-fiscal-year period ending on the preceding September 30. Each subsequent report shall be submitted not later than 90 days after the end of the two-fiscal-year period for which the report is to be submitted. "PART B—GENERAL PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES "APPOINTMENT AND AUTHORITY OF THE DIRECTORS OF THE NATIONAL RESEARCH INSTITUTES

42 USC 284.

42 USC 241.

"SEC. 405. (a) The Director of the National Cancer Institute shall be appointed by the President and the Directors of the other national research institutes shall be appointed by the Secretary. Each Director of a national research institute shall report directly to the Director of NIH. "(b)(1) In carrying out the purposes of section 301 with respect to the human diseases or disorders or other aspects of human health for which the national research institutes were, established, the Secretary, acting through the Director of each national research institute— "(A) shall encourage and support research, investigations, experiments, demonstrations, and studies in the health sciences related to— "(i) the maintenance of health, "(ii) the detection, diagnosis, treatment, and prevention of human diseases and disorders, "(iii) the rehabilitation of individuals with human diseases, disorders, and disabilities, and "(iv) the expansion of knowledge of the processes underlying human diseases, disorders, and disabilities, the processes underlying the normal and pathological functioning of the body and its organ systems, and the processes underly-

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 PUBLIC LAW 99-158—NOV. 20, 1985 ing the interactions between the human organism and the environment; "(B) may, subject to the peer review prescribed under section 492(b) and any advisory council review under section 406(a)(3)(A)(i), conduct the research, investigations, experiments, demonstrations, and studies referred to in subparagraph (A); "(C) may conduct and support research training (i) for which fellowship support is not provided under section 487, and (ii) which is Aot residency training of physicians or other health professionals; "(D) may develop, implement, and support demonstrations and programs for the application of the results of the activities of the institute to clinical practice and disease prevention activities; "(E) may develop, conduct, and support public and professional education and information programs; "(F) may secure, develop and maintain, distribute, and support the development and maintenance of resources needed for research; "(G) may make available the facilities of the institute to appropriate entities and individuals engaged in research activities and cooperate with and assist Federal and State agencies charged with protecting the public health; "(H) may accept unconditional gifts made to the institute for its activities, and, in the case of gifts of a value in excess of $50,000, establish suitable memorials to the donor; "(I) may secure for the institute consultation services and advice of persons from the United States or abroad; "(J) may use, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, or local public agencies, with or without reimbursement therefor; "(K) may accept voluntary and uncompensated services; and "(L) may perform such other functions as the Secretary determines are needed to carry out effectively the purposes of the institute. The indemnification provisions of section 2354, title 10, United States Code, shall apply with respect to contracts entered into under this subsection and section 402(b). "(2) Support for an activity or program under this subsection may be provided through grants, contracts, and cooperative agreements. The Secretary, acting through the Director of each national research institute— "(A) may enter into a contract for research, training, or demonstrations only if the contract has been recommended after technical and scientific peer review required by regulations under section 492; and "(B) may make grants and cooperative agreements under paragraph (1) for research, training, or demonstrations, except that— "(i) if the direct cost of the grant or cooperative agreement to be made does not exceed $50,000, such grant or cooperative agreement may be made only if such grant or cooperative agreement has been recommended after technical and scientific peer review required by regulations under section 492, and "(ii) if the direct cost of the grant or cooperative agreement to be made exceeds $50,000, such grant or cooperative

99 STAT. 827

Post, p. 874. Post, p. 828.

Post, p. 869.

Education.

.'4* h

Gifts and property.

Voluntarism.

Contracts. Ante, p. 823. Grants. Contracts.

Post, p. 874.

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 99 STAT. 828

Post, p. 874; f/ " "^ -

Ante, p. 823.

PUBLIC LAW 99-158—NOV. 20, 1985 agreement may be made only if such grant or cooperative agreement has been recommended after technical and scientific peer review required by regulations under section 492 and is recommended under section 406(a)(3)(A)(ii) by the advisory council for the national research institute involved. "(c) In carrying out subsection (b), each Director of a national research institute— "(1) shall coordinate, as appropriate, the activities of the institute with similar programs of other public and private entities; "(2) shall cooperate with the Directors of the other national research institutes in the development and support of multidisciplinary research and research that involves more than one institute; and "(3) may, with the approval of the advisory council for the institute and the Director of NIH, appoint technical and scientific peer review groups in addition to those appointed under section 402(b)(6). ADVISORY COUNCILS

42 USC 284a.

Gifts. 42 USC 300aa.

Post, p. 874. Grants. Ante, p. 826.

Grants. Contracts. Study. Public information.

"SEC. 406. (a)(1) Except as provided in subsection (h), the Secretary shall appoint an advisory council for each national research institute which (A) shall advise, assist, consult with, and make recommendations to the Secretary and the Director of such institute on matters related to the activities carried out by and through the institute and the policies respecting such activities, and (B) shall carry out the special functions prescribed by part C. "(2) Each advisory council for a national research institute may recommend to the Secretary acceptance, in accordance with section 2101, of conditional gifts for study, investigation, or research respecting the diseases, disorders, or other aspect of human health with respect to which the institute was established, for the acquisition of grounds, or for the construction, equipping, or maintenance of facilities for the institute. "(3) Each advisory council for a national research institute— "(A)(i) may on the basis of the materials provided under section 492(b)(2) respecting research conducted at the institute, make recommendations to the Director of the institute respecting such research. "(ii) may review applications for grants and cooperative agreements for research or training and for which advisory council approval is required under section 405(b)(2) and recommend for approval applications for projects which show promise of making valuable contributions to human knowledge, and "(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the institute; "(B) may collect, by correspondence or by personal investigation, information as to studies which are being carried on in the United States or any other country as to the diseases, disorders, or other aspect of human health with respect to which the institute was established and with the approval of the Director of the institute make available such information through appropriate publications for the benefit of public and private health

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