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(A) by striking out "June 30, 1985, and June 30, 1986" and inserting in lieu thereof "nine months after the date of the enactment of the law first providing funds for the Commission and not later than 2l months after such date"; and (B) by striking out "September 30, 1985, and September 30, 1986" and inserting in lieu thereof "12 months after such date of enactment and not later than 24 months after such date of enactment"; and (3) by striking out "September 30, 1987" in subsection (i) and inserting in lieu thereof "September 30, 1988". SEC. 1432. REPORT ON NAVAL SHIPBUILDING AND REPAIR BASE (a) REQUIREMENT FOR REPORT BY SECRETARY OF THE NAVY.—The

Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the industrial base for construction, overhaul, and repair of naval vessels (hereinafter in this section referred to as the "shipyard base"). (b) COMPETITION AND MOBILIZATION CAPABILITY.—The report shall consider the current competitive environment in the shipyard base and the current mobilization capability of the shipyard base. (c) STUDY OF INCREASE IN NUMBER OF SHIPYARDS.—(1) The report shall include an assessment of how competition in the shipyard base and the mobilization capability of the shipyard base would each be affected by an increase in the number of shipyards in the shipyard base and shall assess alternative ways of achieving such an increase. (2) In assessing ways to increase the number of shipyards in the shipyard base, the Secretary shall consider the feasibility and desirability of expanding by one the number of shipyards currently engaged in construction of each of the following types of vessels: (A) Trident nuclear-powered fleet ballistic missile submarines. (B) Nuclear-powered attack submarines. (C) Nuclear-powered aircraft carriers. (D) Complex surface combatants. (E) Auxiliaries. (3) In considering ^ways to increase the number of shipyards constructing each type of vessel listed in paragraph (2), the Secretary shall consider expansion of the shipbuilding base on the West Coast of the United States and increased use of public shipyards. (d) FACTORS IN ASSESSMENT.—The assessment of the current capabilities of the shipyard base and of each alternative identified under subsection (c)— (1) shall be made considering the requirements of both peacetime competition and wartime mobilization capability; and (2) shall include a description of the possible costs and benefits of the current capabilities and each alternative. (e) DEADLINE FOR REPORT.—The report required by subsection (a) shall be submitted not later than January 31, 1986. SEC. 1433. NUCLEAR REACTOR COMPONENTS FOR SSN-21 CLASS SUBMARINES

Not more than one-half of the funds appropriated pursuant to Report. authorizations of appropriations in this Act for the design or construction of nuclear reactor components for the SSN-21 class submarine may be obligated until the Secretary of the Navy submits to the Committees on Armed Services of the Senate and House of Representatives a report on the industrial base for the design and

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PUBLIC LAW 99-145—NOV. 8, 1985 construction of nuclear components for the SSN-21 class submarine. The report shall evaluate the cost effectiveness of increasing the number of firms actively employed in the design of nuclear reactor components and the construction of nuclear reactor components. SEC. 1434. AIRCRAFT FUEL CONSERVATION REPORT

(a) SUBMISSION OF REPORT.—The Secretary of Defense shall submit to Congress a report with respect to efforts by the Department of Defense since 1981 to reduce the use of fuel by military aircraft— (1) during takeoffs; and (2) in other situations in which the Secretary determines that the use of fuel may be reduced without lowering safety standards. (b) MATTERS TO BE INCLUDED.—The report shall include discussion of— (1) specific fuel conservation initiatives; (2) estimated cost savings from such initiatives; and (3) ongoing efforts to further reduce the use of fuel by military aircraft. (c) TIME FOR SUBMISSION OF REPORT.—The report shall be submitted not later than 90 days after the date of the enactment of this Act. SEC. 1435. REPORT CONCERNING POSEIDON-CLASS SUBMARINE

(a) REPORT ON ALTERNATIVE USES.—The Secretary of Defense shall submit to Congress a report with respect to— (1) the feasibility of converting a Poseidon-class submarine into an SSN-type submarine or SSGN-type submarine; and (2) the feasibility of using a Poseidon-class submarine as a training platform. (b) DEADLINE FOR REPORT.—The report shall be submitted not later than December 15, 1985. SEC. 1436. REPORT AND DEMONSTRATION PROJECT CONCERNING THE SALE OF CERTAIN UNITED STATES MEAT IN MILITARY COM MISSARIES OVERSEAS

(a) FEASIBILITY STUDY AND DEMONSTRATION PROJECT.—The Secretary of Defense shall study the feasibility of providing beef, pork, and lamb produced in the United States for sale in American Military Forces' commissaries located overseas in volumes equivalent to beef, pork, and lamb secured for sale from non-United States producers. Such study— (1) shall be carried out in consultation with the Secretary of Agriculture; and (2) shall include a demonstration project in which beef, pork, and lamb produced in the United States shall be stocked in three commissaries on Air Force bases in Europe and in three commissaries located on Army bases in Europe for a six-month period in volumes equivalent to beef, pork, and lamb secured for sale from non-United States producers; such United Statesproduced products shall, to the best of the Secretary's ability, be made available at consumer prices which are competitive when compared with non-United States produced red-meat products offered for sale in the commissary system. (b) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the results of such study and the findings and conclusions

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 PUBLIC LAW 99-145—NOV. 8, 1985 of the Secretary under such study. Such report shall include any views provided by the Secretary of Agriculture. SKC. 1437. RKPORT ON KKTKNTION OF BASIC POINT DKFKNSK.\1ISSII.K SYSTKM (a) REQUIREMENT FOR REPORT BY SECRETARY OF THE NAVY.—The

Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the removal of the Basic Point Defense Missile System from naval amphibious vessels. (b) REPLACEMENT OF THE BASIC POINT DEFENSE MISSILE SYSTEM.—

(1) The report shall consider the current plans to replace the Basic Point Defense Missile System on amphibious vessels with the Closein Weapon System (CIWS). (2) The report shall include an assessment of the effectiveness of the anti-air warfare capabilities of amphibious vessels. This assessment shall be used by the Secretary of the Navy in considering augmenting rather than replacing the Basic Point Defense Missile System on amphibious vessels with the Close-in Weapon System. (c) LIMITATIONS ON REMOVAL OF BASIC POINT DEFENSE MISSILE

SYSTEM.—The Secretary of the Navy may not remove the Basic Point Defense Missile System from amphibious vessels until the report is submitted. SKC. 1438. REPORT ON RETIREMENT BENEFITS OF PHILIPPINE SCOUTS

(a) IN GENERAL.—The Secretary of the Army (hereinafter in this section referred to as the "Secretary") shall conduct a study of— (1) the disparity between the pay received by members of the Philippine Scouts who served during World War II and the pay received by other members of the United States Army during such war who had grades and lengths of service that correspond to the grades and lengths of service of such members of the Philippine Scouts; and (2) the effect of this disparity on the retirement benefits of such members of the Philippine Scouts and their survivors. (b) PARTICULAR SUBJECTS OF THE STUDY.—In carrying out such study, the Secretary shall— (1) compile a list of all persons who served as members of the Philippine Scouts during the period beginning on December 7, 1941, and ending on December 31, 1946; (2) compile a list of persons described in paragraph (1) who are alive on the date of enactment of this Act; (3) determine the amount of basic pay each person described in paragraph (2) received for services rendered as a member of the Philippine Scouts during the period described in such paragraph and compare it with the amount of basic pay each such person would have received as a member of the Philippine Scouts during that period if the rates of basic pay during such period for the Philippine Scouts had been the same as the rates of basic pay for other members of the United States Army with corresponding grades and length of service during such period; (4) determine the amount of retired pay that each person described in paragraph (2) is entitled to receive as retired pay from the Army as a result of service rendered as a Philippine Scout and compare it with the amount such person would receive for periods beginning after the date of enactment of this Act if the rate of basic pay payable to such person during the

99 STAT. 757

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PUBLIC LAW 99-145—NOV. 8, 1985 period described in paragraph (1) had been the rate of basic pay payable to any other member of the United States Army with the corresponding grade and length of service during such period; and (5) determine possible options, and the costs of each, for recalculating the retirement pay of persons described in paragraph (2), including survivor benefits, in order to remedy the disparity in pay received by such persons during their service as Philippine Scouts, (c) REPORT.—(1) The Secretary shall transmit, within one year after the date of enactment of this Act, to the Committees on Armed Services of the Senate and House of Representatives a report containing the findings and conclusions of the Secretary with respect to each of the matters described in paragraphs (1) through (5) of subsection (b). (2) If the Secretary determines that— (A) the documents necessary to compile the lists and make the determinations under subsection (b) are not attainable through reasonable efforts; or (B) the cost of compiling such lists and making such determinations is excessive, the Secretary shall make a report as soon as practicable to such Committees with a justification of such determination. (3) If a report is made to the Committees under paragraph (2), the report to such Committees under paragraph (1) shall be based on the best information that can be reasonably obtained without excessive costs. SEC. 1439. REPORT ON DEATH PENALTY FOR ESPIONAGE (a) STUDY.—The Secretary of Defense shall conduct a study of the desirability of reinstating the death penalty as an alternative penalty for persons convicted of espionage relating to the national defense. (b) REPORT.—The Secretary shall submit to Congress a report containing the results of such study, together with any related recommendations for legislation, not later than 30 days after the date of the enactment of this Act.

Contracts.

SEC. 1440. REPORT ON IMPACT OF FOREIGN EXPORTS ON THE DEFENSE INDUSTRIAL BASE OF THE UNITED STATES (a) STUDY.—The Secretary of Defense shall conduct a study regarding the effects that foreign export subsidies have had on the defense industrial base of the United States. (b) SPECIFIC REQUIREMENTS.—The Secretary shall include in such study the following: (1) A compilation of the contracts (including the name of the contracting firms) valued in excess of $1,000,000 awarded to foreign firms by the Department of Defense during fiscal year 1984, fiscal year 1985, and the first six months of fiscal year 1986. (2) In the case of a product procured by the Department of Defense which was exported to the United States under a contract compiled pursuant to paragraph (1), whether the Secretary of Commerce or the Secretary of the Treasury has determined since 1970 that the product exported to the United States under such contract is subject to a countervailing duty under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and (if

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 PUBLIC LAW 99-145—NOV. 8, 1985 so) a description of the subsidy that led to such determination, including a description of the type and amount of the subsidy. (c) SUBMISSION OF REPORT.—Not later than June 1, 1986, the Secretary shall submit to the Congress a report containing the results of the study required under subsection (a). SEC. 1441. SENSE OF CONGRESS REGARDING THE FIRING OF TACTICAL MISSILES FOR TRAINING PURPOSES

(a) SENSE OF CONGRESS.—It is the sense of the Congress that, in carrying out the comprehensive analysis of the threat-based munitions and related expendables directed to be made by the Secretary of Defense pursuant to Senate Report 99-41, dated April 29, 1985, the Secretary should also develop standard criteria— (1) for identifying, in the case of each tactical missile of the Department of Defense, the training objectives that are uniquely served by the live-firing of such missiles and to provide guidance for the development of live-firing and training requirements based on such criteria; (2) for utilizing, to the maximum extent practicable, the use of tactical missile evaluation programs for live-firing training purposes; (3) for improving the reporting and evaluation requirements with regard to the live-firing of missiles; and (4) for increasing, to the maximum extent practicable and without degrading readiness, the use of training devices and simulators as alternatives to exercises involving the live-firing of missiles for training purposes. (b) REPORT.—The Secretary shall submit a report to the Congress not later than February 1, 1986, informing the Congress of the actions taken by the Secretary to develop standard criteria with respect to the matters referred to in subsection (a). SEC. 1442. REPORT ON FEASIBILITY OF DRUG TESTING OF PROSPECTIVE RECRUITS

(a) IN GENERAL.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility of implementing a program in the Department of Defense designed to detect use of illegal drugs by persons who have been accepted for entry into the Armed Forces but who have not become members of the Armed Forces. (b) MATTERS TO B E INCLUDED.—The Secretary shall include in the report required by subsection (a)— (1) an explanation of how such a program would operate; (2) the Secretary's assessment of the value of such a program; (3) a discussion of any problems that might complicate the administration of such a program; (4) a discussion of the advantages and disadvantages of instituting such a program; (5) an estimate of any savings that the United States might realize by detecting use of illegal drugs by persons before they become members of the Armed Forces; and (6) any recommendations for legislation that the Secretary considers necessary or appropriate to establish such a program. (c) DEADLINE FOR REPORT.—The Secretary shall submit the report required under subsection (a) not later than October 1, 1985.

99 STAT. 759

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PUBLIC LAW 99-145—NOV. 8, 1985 PART E—MISCELLANEOUS PROVISIONS SEC. 1451. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO NICARAGUA FOR COMBAT

It is the sense of Congress that United States Armed Forces should not be introduced into or over Nicaragua for combat. However, nothing in this section shall be construed as affecting the authority and responsibility of the President or Congress under the Constitution, statutes, or treaties of the United States in force. SEC. 1452. SENSE OF CONGRESS CONCERNING PROTECTION OF UNITED STATES MILITARY PERSONNEL AGAINST TERRORISM

(a) FINDING.—The Congress finds that the protection of members of the Armed Forces against terrorist activity is among the highest national security concerns of the United States. (b) SENSE OF CONGRESS.—Therefore, it is the sense of Congress that— (1) the President should be supported in the vigorous exercise of his powers as Commander-in-Chief to protect members of the Armed Forces against terrorist activity; and (2) such exercise of power should include the use of such measures as may be appropriate and consistent with law. SEC. 1453. READINESS OF SPECIAL OPERATIONS FORCES

(a) CONGRESSIONAL FINDINGS.—The Congress finds that— (1) the first duty of the Government is to provide for the common defense, including safeguarding the peace, safety, and security of the citizens of the United States; (2) the incidence of terrorist, guerilla, and other violent threats to citizens and property of the United States has rapidly increased; (3) the special operations forces of the Armed Forces provide the United States with immediate and primary capability to respond to terrorism; and (4) the special operations forces are the military mainstay of the United States for the purposes of nation-building and training friendly foreign forces in order to preclude deployment or combat involving the conventional or strategic forces of the United States. (b) SENSE OF THE CONGRESS.—In view of the findings in subsection (a), it is the sense of the Congress that— (1) the revitalization of the capability of the special operations forces of the Armed Forces should be pursued as a matter of the highest priority; (2) personnel and other resource allocations should reflect the priority referred to in paragraph (1); (3) the political and military sensitivity and the importance to national security of the special operations forces require that the Office of the Secretary of Defense should improve its management supervision of such forces in all aspects of the special operations mission area; (4) the joint command and control of the special operations forces must permit direct and immediate access by the President and Secretary of Defense; and (5) the commanders-in-chief of the unified commands should have available, within their operational areas of responsibility, sufficient special operations assets to execute the operations

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plans for which they are responsible or to support additional contingency operations directed from the national level. SEC. 1454. AUTHORITY TO PROVIDE EXCESS PERSONAL PROPERTY FOR HUMANITARIAN PURPOSES (a) AUTHORITY TO PROVIDE NONLETHAL EXCESS PROPERTY.—Chap-

ter 151 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 2547. "§ 2547. Excess nonlethal supplies: humanitarian relief "(a) The Secretary of Defense may make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense. "(b) Excess supplies made available for humanitarian relief purposes under this section shall be transferred to the Secretary of State, who shall be responsible for the distribution of such supplies. "(c) This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require— "(Da finding under section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422); or "(2) a notice to the intelligence committees under section 501(a)(l) of the National Security Act of 1947 (50 U.S.C. 413). "(d)(1) The Secretary of State shall submit an annual report on the Report. disposition of all excess supplies transferred by the Secretary of Defense to the Secretary of State under this section during the preceding year. "(2) Such reports shall be submitted to the Committees on Armed Services and on Foreign Relations of the Senate and the Committees on Armed Services and on Foreign Affairs of the House of Representatives. "(3) Such reports shall be submitted not later than June 1 of each year. "(e) In this section: "(1) 'Nonlethal excess supplies' means property, other than real property, of the Department of Defense— "(A) that is excess property, as defined in regulations of the Department of Defense; and "(B) that is not a weapon, ammunition, or other equipment or material that is designed to inflict serious bodily harm or death. "(2) 'Intelligence committees' means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2547. Excess nonlethal supplies: humanitarian relief.". SEC. 1455. ENCOURAGEMENT OF CONSTRUCTION IN UNITED STATES SHIPYARDS OF COMBATANT VESSELS FOR UNITED STATES ALLIES

(a) IN GENERAL.—The Secretary of the Navy shall take such steps as necessary— (1) to encourage United States shipyards to construct combatant vessels for nations friendly to the United States, subject to the requirement to safeguard sensitive warship technology; and

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PUBLIC LAW 99-145—NOV. 8, 1985 (2) to ensure that no effort is made by any element of the Department of the Navy to inhibit, delay, or halt the provision of any United States naval system to a nation allied with the United States if that system is approved for export to a foreign nation, unless approval of such system for export is withheld solely for the purpose of safeguarding sensitive warship technology; (3) if opportunities arise to construct combatant vessels (including diesel submarines) outside the United States in a shipyard of a friendly foreign nation, with some or all of the costs provided by United States funds— (A) to encourage United States firms to participate in such construction to the maximum extent possible, subject to the requirement to safeguard sensitive warship technology; and (B) to ensure, whenever practicable, that at least 51 percent of the dollar value of such construction is provided by United States firms. (b) DEFINITION.—For the purposes of this section, the term "sensitive warship technology" means technology relating to the design or construction of a combatant naval vessel that is determined by the Secretary of Defense to be vital to United States security. SEC.

1456. DEFENSE INDUSTRIAL BASE FOR TEXTILE AND APPAREL PRODUCTS

(a) CAPABILITY OF DOMESTIC TEXTILE AND APPAREL INDUSTRIAL

BASE.—The Secretary of Defense shall monitor the capability of the domestic textile and apparel industrial base to support defense mobilization requirements. (b) ANNUAL REPORT.—The Secretary shall submit to Congress not later than April 1 of each of the five years beginning with 1986 a report on the status of such industrial base. Each such report shall include— (1) an identification of textile and apparel mobilization requirements of the Department of Defense that cannot be satisfied on a timely basis by the domestic industries; (2) an assessment of the effect any inadequacy in the textile and apparel industrial base would have on a defense mobilization; and (3) recommendations for ways to alleviate any inadequacy in such industrial base that the Secretary considers critical to defense mobilization requirements. SEC. 1457. ENCOURAGEMENT OF TEC1INL(JY TRANSFER Ante, p. 599. Research and development. State and local governments. Schools and colleges. 10 USC 2363.

(a) IN GENERAL.—Chapter 139 of title 10, United States Code (as amended by section 123(a)(1)), is amended by adding at the end thereof the following new section: "§ 2363. Encouragement of technology transfer "(a) The Secretary of Defense shall encourage, to the extent consistent with national security objectives, the transfer of technology between laboratories and research centers of the Department of Defense and other Federal agencies. State and local governments, colleges and universities, and private persons in cases that are likely to result in the maximum domestic use of such technology. "(b) The Secretary shall examine and implement methods, in addition to the encouragement referred to in subsection (a), that are consistent with national security objectives and will enable Depart-

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ment of Defense personnel to promote technology transfer in cases referred to in subsection (a).". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter (as amended by section 123(a)(2)) is amended by adding at the end thereof the following new item: "23(58. Encouragement of technology transfer.". SEC. 14!)8. CIVIL AIR PATROL (a) REIMBURSEMENT FOR MAJOR ITEMS OF EQUIPMENT.—Section

9441(b)(10) of title 10, United States Code, is amended by striking out 98 Stat. 2632. "authorize the purchase with funds appropriated to the Air Force" and inserting in lieu thereof "reimburse the Civil Air Patrol for costs incurred for the purchase". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 10 USC 9441 shall take effect on October 1, 1985. note. SEC.

14.'S9. NATIONAL SCIENCE CENTER FOR COMMUNICATIONS AND ELECTRONICS

(a) FINDINGS.—The Congress makes the following findings: (1) Scientific and technological developments in communications and electronics are of particular importance to the United States in meeting its national security, industrial, and other needs. (2) Enhanced training in the technical communications, electronics, and computer disciplines is necessary for a more efficient and effective military force. (3) The Secretary of the Army, through the Training and Doctrine Command, is responsible for providing training to members of the Army. (4) The Ninety-seventh Congress, in Senate Concurrent Resolution 130 of that Congress, encouraged the establishment within the United States of a national center dedicated to communications and electronics. (5) The Secretary of the Army entered into a Memorandum of Understanding with the National Science Center for Communications and Electronics Foundation Incorporated, a nonprofit corporation of the State of Georgia, in which the Army and such foundation agreed to develop a science center for— (A) the promotion of engineering principles and practices; (B) the advancement of scientific education for careers in communications and electronics; and (C) the portrayal of the communications, electronics, and computer arts. (b) PURPOSE.—It is the purpose of this section— (1) to recognize the relationship between the Army and the National Science Center for Communications and Electronics Foundation Incorporated (hereinafter in this section referred to as the "Foundation") for the development, construction, and operation of a national science center; and (2) to authorize the Secretary of the Army (hereinafter in this section referred to as the "Secretary") to make available a suitable site for the construction of such a center, to accept title to the center facilities when constructed, and to provide for the management, operation, and maintenance of such a center after the transfer of title of the center to the Secretary. (c) NATIONAL SCIENCE CENTER.—(1) Subject to paragraph (2), the Secretary may provide a suitable parcel of land at or near Fort

96 Stat. 2674.

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PUBLIC LAW 99-145—NOV. 8, 1985 Gordon, Georgia, for the construction by the Foundation of a National Science Center to meet the objectives expressed in subsection (a). Upon completion of the construction of the center, the Secretary may accept title to the center and may provide for the management, operation, and maintenance of the center. (2) As a condition to making a parcel of land available to the Foundation for the construction of a National Science Center, the Secretary shall have the right to approve the design of the center, including all plans, specifications, contracts, sites, and materials to be used in the construction of such center and all rights-of-way, easements, and rights of ingress and egress for the center. The Secretary's approval of the design and plans shall be based on good business practices and accepted engineering principles, taking into consideration safety and other appropriate factors. (d) GIFTS.—The Secretary may accept conditional or unconditional gifts made for the benefit of, or in connection with, the center. (e) ADVISORY BOARD.—The Secretary may appoint an advisory board to advise the Secretary regarding the operation of the center in pursuit of the goals of the center described in subsection (a)(5). The Secretary may appoint to the advisory board such members of the Board of Directors of the Foundation as the Secretary considers appropriate. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory board appointed under this subsection. (f) AVAILABILITY OF CENTER TO FOUNDATION.—Consistent with the mission of the Armed Forces and the efficient operation of the center, the Secretary may make facilities at the center available to the Foundation— (1) for its corporate activities; and (2) for such endeavors in the area of communications and electronics as the Secretary may consider appropriate. (g) OTHER AUTHORIZED USES.—(1) The Secretary may make the center available to the public and to other departments and agencies of the Government for research and study and for public exhibitions. The Secretary may charge for such uses as he considers necessary and appropriate. (2) Any money collected for the use of the facilities of the center shall be deposited to a special fund maintained by the Secretary for the maintenance and operation of the center. The Secretary shall require the Auditor General of the Army to audit the records of such fund at least once every two years and to report the results of the audits to the Secretary. SEC. 1460. DONATIONS BY COMMISSARY STORES OF CERTAIN UNMARKETABLE FOOD

(a) IN GENERAL.—Chapter 147 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 2485.

"§ 2485. Commissary stores: donation of unmarketable food "(a) The Secretary of a military department may donate commissary store food described in subsection (b) to authorized charitable nonprofit food banks. "(b) Food that may be donated under this section is food of a commissary store— "(1) that is— "(A) unmarketable; "(B) unsaleable; and

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"(C) certified as edible by appropriate food inspection technicians; and "(2) that would otherwise be destroyed as unusable. "(c) A donation under this section shall take place at the site of the commissary that is donating the food. "(d) A donation under this section may only be made to an entity that is authorized by the Secretary of Defense or the Secretary of Health and Human Services to receive donations under this section. "(e) This section does not authorize any service (including transportation) to be provided in connection with a donation under this section.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2485. Commissary stores: donation of unmarketable food." SEC. 1461. LIMITATION ON GRATUITIES AT NAVAL SHIPBUILDING CEREMONIES

(a) GENERAL RULE.—A Federal officer, employee, or Member of Congress may not accept, directly or indirectly, any tangible thing of value as a gift or memento in connection with a ceremony to mark the completion of a naval shipbuilding milestone. (b) EXCLUSION.—Subsection (a) does not apply to a gift or memento that has a value of less than $100. (c) DEFINITIONS.—For purposes of this section, the terms "officer", "employee", and "Member of Congress" have the meanings given those terms in sections 2104, 2105, and 2106, respectively, of title 5, United States Code. SEC. 1462. AUTHORITY TO TRANSFER CERTAIN AIRCRAFT

(a) IN GENERAL.—The Secretary of the Navy may transfer title to an aircraft described in subsection (b) to the institution leasing the aircraft if the Secretary certifies— (1) that at the time of the transfer the aircraft is being used by the organization holding the aircraft for a purpose consistent with the use intended when the aircraft was first leased to the institution; and (2) that the Department of the Navy no longer needs the aircraft. (b) COVERED AIRCRAFT.—The authority of the Secretary of the

Navy under subsection (a) applies with respect to an aircraft— (1) that on the date of the enactment of this Act is being leased by the Secretary to a State-supported educational institution; and (2) for which a lease for such aircraft began with such institution on or before January 1, 1976. (c) COMPENSATION.—A transfer under this section shall be made without compensation or reimbursement to the United States. SEC. 1463. AUTHORITY TO LEASE AIR FORCE HELICOPTERS TO THE STATE OF CALIFORNIA

Notwithstanding any other provision of this or any other Act, the Secretary of the Air Force may lease not more that 12 U H - F l helicopters to the Department of Forestry of the State of California for the purposes of fighting forest fires, search and rescue missions, and vegetation control activities. The lease of helicopters under this section shall be made subject to such terms and conditions as the

5 USC 7301 note.

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PUBLIC LAW 99-145—NOV. 8, 1985 Secretary considers fair, reasonable, and necessary to protect the interests of the United States. SEC. 1464. SENSE OF THE CONGRESS CONCERNING ESTABLISHMENT OF TRAVEL OFFICES OR ACQUISITION OF TRAVEL SERVICES

It is the sense of the Congress that the Secretary of each military department should provide, in the establishment of travel offices or the acquisition of travel services for official travel, for free and open competition among commercial travel agencies, scheduled airline traffic offices (SATOs), and other entities which provide such services. SEC. 146.5. AMERICAN STAGE EQUIPMENT FOR UNITED STATES PATRIOTIC EVENTS

It is the sense of Congress that performing groups in the Armed Forces should use domestically manufactured entertainment support items, such as pianos and organs, sound and lighting equipment, and other items essential for quality entertainment, at patriotic and ceremonial events in the Capitol, on the Capitol Grounds, and at all other Federal buildings, unless there is no domestically manufactured item of comparable quality and price. SEC. 1466. SALE OF CERTAIN RECORDINGS OF UNITED STATES AIR FORCE BAND

(a) AUTHORIZED SALE.—Notwithstanding any other provision of law, the Secretary of the Air Force may produce recordings of the concert of the United States Air Force Band in Salt Lake City, Utah, on April 18 and 19, 1985, for commercial sale. (b) AUTHORIZED CONTRACT.—The Secretary may enter into an appropriate contract, under such terms as the Secretary determines to be in the best interest of the Government, for the production and sale authorized by subsection (a). Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1986.

TITLE XV—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 1501. SHORT TITLE

This title may be cited as the "Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1986". PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS SEC. 1511. OPERATING EXPENSES

Funds are authorized to be appropriated to the Department of Energy for fiscal year 1986 for operating expenses incurred in carrying out national security programs (including scientific research and development in support of the Armed Forces, strategic and critical materials necessary for the common defense, and military applications of nuclear energy and related management and support activities) as follows: (1) For naval reactors development, $489,000,000. (2) For weapons activities, $3,519,200,000, to be allocated as follows: (A) For research and development, $850,300,000. (B) For weapons testing, $537,800,000.

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 PUBLIC LAW 99-145—NOV. 8, 1985 (C) For the defense inertial confinement fusion program, $145,000,000. (D) For production and surveillance, $1,887,400,000. (E) For program direction, $98,700,000. (3) For verification and control technology, $90,975,000, of which $3,800,000 shall be used for program direction. (4) For defense nuclear materials production, $1,556,300,000, to be allocated as follows: (A) For uranium enrichment, $208,900,000. (B) For production reactor operations, $576,380,000. (C) For processing of defense nuclear materials, $493,145,000, of which $74,800,000 shall be used for special isotope separation. (D) For supporting services, $256,575,000, of which $26,000,000 shall be used for the plasma separation process program. (E) For program direction, $21,300,000. (5) For defense nuclear weiste and byproduct management, $395,037,000, to be allocated as follows: (A) For interim waste management, $271,000,000. (B) For long-term waste management technology, $96,567,000. (C) For terminal waste storage, $25,070,000. (D) For program direction, $2,400,000. (6) For nuclear materials safeguards and security technology development program, $54,325,000, of which $6,925,000 shall be used for program direction. (7) For security investigations, $33,400,000. SEC. 1512. PLANT AND CAPITAL EQUIPMENT

Funds are authorized to be appropriated to the Department of Energy for fiscal year 1986 for plant and capital equipment (including planning, construction, acquisition, and modification of facilities, land acquisition related thereto, and acquisition and fabrication of capital equipment not related to construction) necessary for national security programs as follows: (1) For weapons activities: Project 86-D-lOl, general plant projects, various locations, $26,900,000. Project 86-D-121, general plant projects, various locations, $28,700,000. Project 86-D-103, decontamination and waste treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $3,700,000. Project 86-D-104, strategic defense facility, Sandia National Laboratories, Albuquerque, New Mexico, $4,000,000. Project 86-D-105, Instrumentation Systems Laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $6,200,000. Project 86-D-122, structural upgrade of existing plutonium facilities, Rocky Flats Plant, Golden, Colorado, $3,000,000. Project 86-D-123, environmental hazards elimination, various locations, $8,700,000. Project 86-D-124, safeguards and site security upgrading, phase II, Mound Plant, Miamisburg, Ohio, $3,000,000.

99 STAT. 767

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 99 STAT. 768

PUBLIC LAW 99-145—NOV. 8, 1985 Project 86-D-125, safeguards and site security upgrade, phase II, Pantex Plant, Amarillo, Texas, $1,500,000. Project 86-D-130, Tritium loading facility replacement. Savannah River Plant, Aiken, South Carolina, $5,000,000. Project 86-D-133, Data Communications Laboratory, Los Alamos National Laboratory, Los Alamos, New Mexico, $3,000,000. Project 85-D-102, nuclear weapons research, development, and testing facilities revitalization, phsise I, various locations, $65,400,000, for a total project authorization of $100,800,000. Project 85-D-103, safeguards and security enhancements, Lawrence Livermore National Laboratory and Sandia National Laboratories, Livermore, California, $16,400,000, for a total project authorization of $21,100,000. Project 85-D-105, combined device assembly facility, Nevada Test Site, Nevada, $7,000,000, for a total project authorization of $14,600,000. Project 85-D-106, hardened engineering test building, Lawrence Livermore National Laboratory, Livermore, California, $1,900,000, for a total project authorization of $2,700,000. Project 85-D-112, enriched uranium recovery improvements, Y-12 Plant, Oak Ridge, Tennessee, $15,300,000, for a total project authorization of $19,800,000. Project 85-D-113, powerplant and steam distribution system, Pantex Plant, Amarillo, Texas, $18,500,000, for a total project authorization of $23,000,000. Project 85-D-115, renovate plutonium building utility systems, Rocky Flats Plant, Golden, Colorado, $17,700,000, for a total project authorization of $20,600,000. Project 85-D-121, air and water pollution control facilities, Y-12 Plant, Oak Ridge, Tennessee, $14,000,000, for a total project authorization of $19,000,000. Project 85-D-123, safeguards and site security upgrade, phase I, Pantex Plant, Amarillo, Texas, $4,000,000, for a total project authorization of $5,000,000. Project 85-D-124, safeguards and site security upgrade. Rocky Flats Plant, Golden, Colorado, $2,400,000, for a total project authorization of $3,400,000. Project 85-D-125, tactical bomb production facilities, various locations, $6,000,000, for a total project authorization of $16,000,000. Project 84-D-102, radiation-hardened integrated circuit laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $15,500,000, for a total project authorization of $37,500,000. Project 84-D-104, nuclear materials storage facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $12,100,000, for a total project authorization of $19,300,000. Project 84-D-107, nuclear testing facilities revitalization, various locations, $14,900,000, for a total project authorization of $65,940,000. Project 84-D-112, Trident II warhead production facilities, various locations, $60,700,000, for a total project authorization of $140,700,000.

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 PUBLIC LAW 99-145—NOV. 8, 1985 Project 84-D-113, anti-submarine warfare/standoff weapon warhead production facilities, various locations, $10,000,000. Project 84-D-115, electrical system expansion, Pantex Plant, Amarillo, Texas, $3,300,000, for a total project authorization of $14,800,000. Project 84-D-117, inert assembly and test facility, Pantex Plant, Amarillo, Texas, $400,000, for a total project authorization of $13,600,000. Project 84-D-118, high-explosive subassembly facility, Pantex Plant, Amarillo, Texas, $33,000,000, for a total project authorization of $40,000,000. Project 84-D-120, explosive component test facility. Mound Plant, Miamisburg, Ohio, $2,300,000, for a total project authorization of $22,300,000. Project 84-D-211, safeguards and site security upgrading, Y-12 Plant, Oak Ridge, Tennessee, $7,500,000, for a total project authorization of $23,000,000. Project 84-D-212, safeguards and site security upgrade, Pinellas Plant, Florida, $3,800,000, for a total project authorization of $7,500,000. Project 83-D-199, buffer land acquisition, Lawrence Livermore National Laboratory and Sandia National Laboratories, Livermore, California, $10,000,000, for a total project authorization of $34,000,000. Project 82-D-107, utilities and equipment restoration, replacement, and upgrade, phase III, various locations, $170,000,000, for a total project authorization of $740,400,000. Project 8 2 - D - l l l, interactive graphics systems, various locations, $4,000,000, for a total project' authorization of $24,000,000. Project 82-D-144, Simulation Technology Laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $10,300,000, for a total project authorization of $34,000,000. Project 79-7-0, Universal Pilot Plant, Pantex Plant, Amarillo, Texas, $4,500,000, for a total project authorization of $20,400,000. (2) For materials production: Project 86-D-146, general plant projects, various locations, $29,800,000. Project 86-D-148, special isotope separation plant (design only), site undesignated, $8,000,000. Project 86-D-149, productivity retention program, phase I, various locations, $24,200,000. Project 86-D-150, in-core neutron monitoring system, N reactor, Richland, Washington, $4,460,000. Project 86-D-151, PUREX electrical system upgrade, Richland, Washington, $2,500,000. Project 86-D-152, reactor electrical distribution system. Savannah River, South Carolina, $2,000,000. Project 86-D-153, additional line III furnace. Savannah River, South Carolina, $1,500,000. Project 86-D-154, effluent treatment facility, Savannah River, South Carolina, $2,500,000. Project 86-D-156, plantwide safeguards systems. Savannah River, South Carolina, $3,000,000.

99 STAT. 769

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 99 STAT. 770

PUBLIC LAW 99-145—NOV. 8, 1985 Project 86-D-157, hydrofluorination system, FB-Line, Savannah River, South Carolina, $2,200,000. Project 85-D-137, vault safety special nuclear material inventory system, Richland, Washington, $1,900,000, for a total project authorization of $4,400,000. Project 85-D-139, fuel processing restoration, Idaho Fuels Processing Facility, Idaho National Engineering Laboratory, Idaho, $12,000,000, for a total project authorization of $22,000,000. Project 85-D-140, productivity and radiological improvements. Feed Materials Production Center, Fernald, Ohio, $12,000,000, for a total project authorization of $18,000,000. Project 85-D-145, fuel production facility. Savannah River, South Carolina, $16,000,000, for a total project authorization of $25,800,000. Project 84-D-135, process facility modifications, Richland, Washington, $15,000,000, for a total project authorization of $32,500,000. Project 84-D-136, enriched uranium conversion facility modifications, Y-12 Plant, Oak Ridge, Tennessee, $7,200,000, for a total project authorization of $19,600,000. Project 83-D-148, non-radioactive hazardous waste management, Savannah River, South Carolina, $3,100,000, for a total project authorization of $22,100,000. Project 82-D-124, restoration of production capabilities, phases II, III, IV, and V, various locations, $43,900,000, for a total project authorization of $348,534,000. Project 82-D-201, special plutonium recovery facilities, JB-Line, Savannah River, South Carolina, $4,400,000, for a total project authorization of $83,800,000. (3) For defense waste and byproducts management: Project 86-D-171, general plant projects, interim waste operations and long-term waste management technology, various locations, $24,451,000. Project 86-D-172, B plant F filter, Richland, Washington, $1,000,000. Project 86-D-173, central waste disposal facility, Oak Ridge, Tennessee, $1,000,000. Project 86-D-174, low-level waste processing and shipping system, Feed Materials Production Center, Fernald, Ohio, $2,500,000. Project 86-D-175, Idaho National Engineering Laboratory security ugrade, Idaho National Engineering Laboratory (INEL), Idaho, $2,000,000. Project 85-D-157, seventh calcined solids storage facility, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho, $14,500,000, for a total project authorization of $21,500,000. Project 85-D-158, central warehouse upgrade, Richland, Washington, $5,000,000, for a total project authorization of $5,700,000. Project 85-D-159, new waste transfer facilities) H-Area, Savannah River, South Carolina, $9,000,000, for a total project authorization of $20,000,000. Project 85-D-160, test reactor area security system upgrade, Idaho National Engineering Laboratory (INEL),

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 PUBLIC LAW 99-145—NOV. 8, 1985 Idaho, $2,250,000, for a total project authorization of $4,250,000. Project 81-T-105, defense waste processing facility. Savannah River, South Carolina, $165,000,000, for a total project authorization of $597,500,000. (4) For verification and control technology: Project 85-D-171, space science laboratory, Los Alamos, New Mexico, $4,500,000, for a total project authorization of $5,500,000. (5) Nuclear safeguards and security: Project 86-D-186, Nuclear Safeguards Technology Laboratory, Los Alamos National Laboratory, Los Alamos, New Mexico, $1,000,000. (6) For naval reactors development: Project 86-N-lOl, general plant projects, various locations, $4,000,000. Project 86-N-104, reactor modifications, advance test reactor, Idaho National Engineering Laboratory, $4,500,000. Project 8 2 - N - l l l, materials facility, Savannah River, South Carolina, $11,000,000, for a total project authorization of $176,000,000. Project 81-T-112, modifications and additions to prototype facilities, various locations, $27,000,000, for a total project authorization of $137,000,000. (7) For capital equipment not related to construction: (A) for weapons activities, $267,750,000; (B) for inertial confinement fusion, $10,000,000; (C) for materials production, $123,440,000; (D) for defense waste and byproducts management, $38,997,000; (E) for verification and control technology, $5,600,000; (F) for nuclear safeguards and security, $4,600,000; and (G) for naval reactors development, $29,000,000. PART B—RECURRING GENERAL PROVISIONS SEC. 1521. REPROGRAMMING

(a) NOTICE TO CONGRESS.—Except as otherwise provided in this titleCD no amount appropriated pursuant to this title may be used for any program in excess of 105 percent of the amount authorized for that program by this title or $10,000,000 more than the amount authorized for that program by this title, whichever is the lesser, and (2) no amount appropriated pursuant to this title may be used for any program which has not been presented to, or requested of, the Congress, unless a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the appropriate committees of Congress of notice from the Secretary of Energy (hereinafter in this part referred to as the "Secretary") containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or unless each such committee

99 STAT. 771

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 99 STAT. 772

PUBLIC LAW 99-145—NOV. 8, 1985 before the expiration of such period has transmitted to the Secretary written notice to the effect that such committee has no objection to the proposed action. (b) LIMITATION ON AMOUNT OBLIGATED.—In no event may the total amount of funds obligated pursuant to this title exceed the total amount authorized to be appropriated by this title. SEC. 1522. LIMITS ON GENERAL PLANT PROJECTS

(a) IN GENERAL.—The Secretary may carry out any construction project under the general plant projects provisions authorized by this title if the total estimated cost of the construction project does not exceed $1,200,000. (b) REPORT TO CONGRESS.—If at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost variations and the revised cost of the project exceeds $1,200,000, the Secretary shall immediately furnish a complete report to the appropriate committees of Congress explaining the reasons for the cost variation. SEC. 1523. LIMITS ON CONSTRUCTION PROJECTS

Ante, p. 767.

(a) IN GENERAL.—Whenever the current estimated cost of a construction project, which is authorized by section 1512 of this title, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of— (1) the amount authorized for the project; or (2) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to the Congress, construction may not be started or additional obligations incurred in connection with the project above the total estimated cost, as the case may be, unless a period of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three days to a day certain) has passed after receipt by the appropriate committees of Congress of written notice from the Secretary containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the action, or unless each committee before the expiration of such period has notified the Secretary it has no objection to the proposed action. (b) EXCEPTION.—Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000. SEC. 1524. FUND TRANSFER AUTHORITY

To the extent specified in appropriation Acts, funds appropriated pursuant to this title may be transferred to other agencies of the Government for the performance of the work for which the funds were appropriated, and funds so transferred may be merged with the appropriations of the agency to which the funds are transferred. SEC. 1525. AUTHORITY FOR CONSTRUCTION DESIGN

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

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 773

tion project if the total estimated cost for such planning and design does not exceed $2,000,000. (2) In any case in which the total estimated cost for such planning and design exceeds $300,000, the Secretary shall notify the appropriate committees of Congress in writing of the details of such project at least 30 days before any funds are obligated for design services for such project. (b) SPECIFIC AUTHORITY REQUIRED.—In any case in which the total estimated cost for advance planning and construction design in connection with any construction project exceeds $2,000,000, funds for such design must be specifically authorized by law. SEC. 1526. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN

In addition to the advance planning and construction design authorized by section 1512, the Secretary may perform planning and design utilizing available funds for any Department of Energy defense activity construction project whenever the Secretary determines that the design must proceed expeditiously in order to meet the needs of national defense or to protect property or human life.

Ante, p. 767.

SEC. 1527. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY

Subject to the provisions of appropriation Acts, amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy. SEC. 1528. ADJUSTMENTS FOR PAY INCREASES

Appropriations authorized by this title for salary, pay, retirement, or other benefits for Federal employees may be increased by such amounts as may be necessary for increases in such benefits authorized by law. SEC. 1529. AVAILABILITY OF FUNDS

When so specified in an appropriation Act, amounts appropriated for "Operating Expenses" or for "Plant and Capital Equipment" may remain available until expended. PART C—PROGRAM REVISIONS AND MISCELLANEOUS PROVISIONS SEC. 1531. GENERAL REDUCTION

The total amount that may be appropriated pursuant to the authorizations in this title is the amount equal to the sum of the amounts authorized in this title reduced by $32,280,000. Of such reduction— (1) $10,000,000 shall be derived from funds for acquisition of automated data processing and computer equipment; (2) $14,000,000 shall be derived from savings from management initiatives; and (3) $8,280,000 shall be derived from proposed rescission R85-80. SEC. 1532. COMMUNITY ASSISTANCE PAYMENTS

(a) FINAL SETTLEMENT.—Subject to the provisions of appropriation

Acts, the Secretary of Energy is authorized to obligate during fiscal

Contract. Tennessee. 42 USC 2391 note.

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 99 STAT. 774

42 USC 2121.

Contract.

PUBLIC LAW 99-145—NOV. 8, 1985 year 1986 not more than $41,133,000 from funds available to the Department of Energy for the purpose of carrying out a contract with Anderson County and Roane County, Tennessee, and the City of Oak Ridge, Tennessee, that would provide a final financial settlement with those entities and terminate all annual assistance payments made to those entities pursuant to section 91 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391), and for advance payment of payments in lieu of property taxes for the fiscal years 1986 through 1996 authorized by section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208). (b) REPORT TO CONGRESS.—Not later than February 1, 1986, the Secretary of Energy shall submit to the appropriate committees of Congress a report and the Secretary's recommendations concerning any need for any further financial assistance payments to local governmental entities pursuant to the Atomic Energy Community Act of 1955. In making such recommendations, the Secretary shall consider— (1) the criteria established by section 91 of the Atomic Energy Act of 1954; (2) changes in the financial circumstances of State and local governmental entities since 1955; (3) other forms of Federal assistance to State and local governmental entities provided since 1955; and (4) the deficit of the Federal budget. (c) LIMITATION.—No funds may be obligated for the purposes set forth in subsection (a) until— (1) the Secretary has submitted to the appropriate committees of Congress a copy of an executed contract that complies with the requirements of that subsection; and (2) a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt of such contract. SEC. 1533. IMPROVEMENTS TO DEPARTMENT OF ENERGY BUILDING AT OAK RIDGE, TENNESSEE

Research and development.

Subject to the provisions of appropriations Acts, the Secretary of Energy is authorized to obligate not more than $5,000,000 during fiscal year 1986 from funds available to the Department of Energy to renovate a building owned by the Department of Energy at Oak Ridge, Tennessee, if the Secretary determines that the Department's research and development requirements of the Strategic Defense Initiatives program require such renovations.

42 USC 7256a.

SEC. 1534. COSTS NOT ALLOWED UNDER COVERED CONTRACTS

(a) IN GENERAL.—The following costs are not allowable under a covered contract: (1) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities). (2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress or a State legislature. (3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor

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 PUBLIC LAW 99-145—NOV. 8, 1985 is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of false certification). (4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable regulations of the Secretary of Energy. (5) Costs of membership in any social, dining, or country club or organization. (6) Costs of alcoholic beverages. (7) Contributions or donations, regardless of the recipient. (8) Costs of advertising designed to promote the contractor or its products. (9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs. (10) Costs for travel by commercial aircraft or by travel by other than common carrier that is not necessary for the performance of the contract and the cost of which exceeds the amount of the standard commercial fare. (b) REGULATIONS.—Not later than 150 days after the date of the enactment of this Act, the Secretary of Energy shall prescribe regulations to implement this section. Such regulations may establish appropriate definitions, exclusions, limitations, and qualifications. Such regulations shall be published in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b). (c) DEFINITION.—In this section, "covered contract" means a contract for an amount more than $100,000 entered into by the Secretary of Energy obligating funds appropriated for national security programs of the Department of Energy. (d) EFFECTIVE DATE.—Subsection (a) shall apply with respect to costs incurred under a covered contract on or after 30 days after the regulations required by subsection (b) are issued.

99 STAT. 775

98 Stat. 3076.

SEC. 1535. TECHNICAL AMENDMENTS

(a) IN GENERAL.—Sections 1623(a) and 1626 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1985 (title XVI of Public Law 98-525) are amended by striking out "section 302" and inserting in lieu thereof "section 1602". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall be considered to have been made on the date of the enactment of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1985.

TITLE XVI—OTHER GENERAL PROVISIONS PART A—CIVIL DEFENSE SEC. 1601. AUTHORIZATION OF APPROPRIATIONS

There is hereby authorized to be appropriated for fiscal year 1986 to carry out provisions of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251 et seq.) the sum of $130,000,000.

98 Stat. 2645, 2646.

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PUBLIC LAW 99-145—NOV. 8, 1985 PART B—NATIONAL DEFENSE STOCKPILE

SEC. 1611. FUNDING FOR NATIONAL DEFENSE STOCKPILE 50 USC 98h ^°^-

50 USC 98d note.

(a) O N E - Y E A R E X T E N S I O N OF F U N D I N G FOR STOCKPILE TRANSACTION F U N D F R O M N A V A L PETROLEUM RESERVE RECEIPTS.—Section 905 of

the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2574), is amended by striking out " during fiscal year 1985" and inserting in lieu thereof " during fiscal years 1985 and 1986". (b) CONFORMING AMENDMENT.—Section 903(b) of such Act (98 Stat. 2573) is amended by striking out "October 1, 1986" and inserting in lieu thereof "October 1, 1987". SEC. 1612. PROHIBITION OF REDUCTIONS IN STOCKPILE GOALS

50 USC 98d note.

(a) FREEZE ON GoALS.—(1) No action may be t a k e n before October 1, 1986, to i m p l e m e n t or a d m i n i s t e r any change in a stockpile goal in effect on October 1, 1984, that results in a reduction in the quality or quantity of any strategic and critical m a t e r i a l to be acquired for the National Defense Stockpile. (b) DEFINITION. — For purposes of subsection (a), the term "stockpile goal" means a determination m a d e by the P r e s i d e n t under section 3(a) of the Strategic and Critical M a t e r i a l s Stock Piling Act (50 U.S.C. 98b) with respect to the National Defense Stockpile. SEC. 1613. STUDY OF LOSS OF PRODUCTION CAPACITY OF CRITICAL FERROALLOY PRODUCTS (a) REQUIREMENT FOR STUDY.—Recognizing the vital role that ferroalloy products have in industries crucial to the national defense, the Secretary of Defense shall conduct a study to determine what effect the loss of all capacity by the United States to produce domestic ferroalloys would have on the defense industrial base and on industrial p r e p a r e d n e s s of the United States. (b) SPECIFIC REQUIREMENTS.—Such study shall include a n evaluation of the effect that the loss of production capacity by the United States for ferrochrome, ferromanganese, ferrosilicon (all grades), silicon m a n g a n e s e, c h r o m i u m metal, and other militarily critical ferroalloy products would have on the industrial base and on industrial p r e p a r e d n e s s of the United States. (c) CONSULTATION.—The Secretary shall conduct such study through the Under secretary of Defense for Policy in consultation with the Director of the Federal Emergency M a n a g e m e n t Agency and the Secretary of the Interior. (d) SUBMISSION OF REPORT.—Not later than 180 days after the date of the e n a c t m e n t of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a). Such report shall, to the e x t e n t practicable, be unclassified. P A R T C — OTHER PROVISIONS

50 USC app. 451.

SEC. 1621. SENSE OF THE CONGRESS EXPRESSING SUPPORT FOR THE SELECTIVE SERVICE REGISTRATION PROGRAM (a) F I N D I N G S. — The Congress m a k e s the following findings: (1) The program of peacetime registration of young men under the Military Selective Service Act contributes to the national security by reducing the t i m e required for full defense mobilization.

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99 STAT. 777

(2) The Selective Service registration program is an important signal to our allies and to our potential adversaries of the United States defense commitment. (3) Since the resumption of selective service registration, more than 13,500,000 young men have registered with Selective Service. (b) SENSE OF CONGRESS.—In view of these findings, it is the sense of Congress that the President should recognize, by Presidential proclamation, the contribution of our young men to the success of the peacetime registration program. SEC. 1622. PROHIBITION ON CIVIL SERVICE EMPLOYMENT OF PERSONS WHO FAIL TO REGISTER UNDER THE MILITARY SELECTIVE SERVICE ACT

(a) IN GENERAL.—(1) Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 3328. Selective Service registration "(a) An individual— "(1) who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. App. 453); and "(2) who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual, shall be ineligible for appointment to a position in an Executive agency. "(b) The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication within the Office of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3327 the following new item:

5 USC 3328.

"3328. Selective Service registration.".

(b) REPORT.—(1) The Office of Personnel Management shall submit to Congress a report— (A) as to whether it is practicable to apply section 3328 of title 5, United States Code (as added by subsection (a)), to persons Supra. born before January 1, 1960; and (B) on the relative costs and benefits of corroborating registration of individuals under the Military Selective Service Act for 50 USC app. 451. the purposes of that section on a spot-check basis or on an individual basis. (2) The report shall be submitted not later than February 1, 1986.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/800

 99 STAT. 778

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 1623. AUTHORITY TO PROVIDE COAST GUARD COMMANDANT RESIDENCE-TO-WORK TRANSPORTATION PROVIDED OTHER SERVICE CHIEFS

Effective on October 1, 1985, section 660 of title 14, United States Code, is amended by adding at the end thereof the following new subsection: "(e) Passenger motor vehicles of the United States may be used to provide transportation between the residence and place of work of the Commandant." SEC. 1624. ACCEPTANCE OF CERTAIN VOLUNTEER SERVICES

10 USC 1588 note. 24 USC 43 note.

(a) EXTENSION OF AUTHORITY TO COAST GUARD.—Section 1588(a) of title 10, United States Code, is amended— (1) by striking out "Secretary of a military department" and inserting in lieu thereof "Secretary concerned"; and (2) by striking out "operated by that military department" and inserting in lieu thereof "operated by the military department concerned or the Coast Guard, as appropriate". (b) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1985. SEC. 1625. AUTHORITY TO EXEMPT CERTAIN PHYSICIANS AT SOLDIERS' AND AIRMEN'S HOME FROM REDUCTIONS IN RETIRED PAY

(a) IN GENERAL.—The Governor of the United States Soldiers' and Airmen's Home may exempt, at any time, not more than two physicians employed by the Home from the restrictions in subsections (a), (b), and (c) of section 5532 of title 5, United States Code, if the Governor determines that such exemptions are necessary to recruit or retain well-qualified physicians for the Home. An exemption granted under this section shall terminate upon any break in employment with the Home by a physician of three days or more. (b) APPLICABILITY.—An exemption granted to a person under subsection (a) shall apply to the retired pay of that person beginning with the first month after the month in which the exemption is granted. SEC. 1626. MANAGEMENT OF MILITARY RECORDS MAINTAINED BY THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

(a) FINDINGS.—The Congress finds that— (1) the National Archives and Records Administration has received a substantial number of military records; and (2) by reason of the manner in which such records are maintained, many of such records are not readily accessible to the public. (b) REPORT.—(1) Not later than March 31, 1986, the Archivist of the United States shall submit to Congress a report outlining a plan— (A) for improving the management, maintenance, storage, and preservation of military records; and (B) for improving public access to such records. (2) In preparing the report, the Archivist shall consider recommendations received from— (A) officials of the military departments responsible for the maintenance and storage of military records; and (B) interested public groups.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/801

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 779

SEC. 1627. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM

(a) DESIGNATION OF PROGRAM.—Section 419A of the Higher Ekiucation Act of 1965 is amended by striking out "Federal Merit Scholarship Program" and inserting in lieu thereof "Robert C. Byrd Honors Scholarship Program". (b) DESIGNATION OF BYRD SCHOLARS.—Section 419C of such Act is amended by adding at the end thereof the following new subsection: "(d) Individuals awarded scholarships under this subpart shall be known as 'Bjnrd Scholars'.". (c) CONFORMING AMENDMENTS.—Section 419E(3) of such Act is amended"^ (1) by striking out "Federal"; and (2) by inserting "under this subpart" after "scholarships". (d) CLERICAL AMENDMENT.—The heading of subpart 6 of part A of title IV of such Act is amended to read as follows: "Subpart 6—Robert C. Byrd Honors Scholarship Program". SEC. 1628. POSTAGE STAMP COMMEMORATING THE 350TH ANNIVERSARY OF THE ESTABLISHMENT OF THE UNITED STATES NATIONAL GUARD

It is the sense of the Senate that the United States Postal Service should issue a postage stamp during 1986 commemorating the 350th anniversary of the establishment of the United States National Guard. Approved November 8, 1985.

LEGISLATIVE HISTORY—S. 1160 (H.R. 1872) (H.R. 3606): HOUSE REPORTS: No. 99-81 accompanying H.R. 1872 (Comm. on Armed Services) and No. 99-235 (Comm. of Conference). SENATE REPORT No. 99-118 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 131 (1985): May 15, June 18-21, 25-27, H.R. 1872 considered and passed House. May 17, 20-23, June 3-5, S. 1160 considered and passed Senate. June 27, S. 1160 considered and passed House, amended, in lieu of H.R. 1872. July 30, Senate agreed to conference report. Oct. 29, House agreed to conference report.

51-194 O - 88 - 26: QL. 3

Parti

20 USC ^^'^^^~^\a(\n ^"*^' ^ '^^"" Ante, p. 2900. ?2rH?^o ' ^ ^^• Ante, p. 290i. UoC i070d-35. Ante, p. 2900.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/802

 99 STAT. 780

PUBLIC LAW 99-146—NOV. 11, 1985 Public Law 99-146 99th Congress

^ 3 TS An Act

Nov 11 1985 ' [H.R. 1903]

Indians. Securities.

'*

"^^ provide for the use and distribution of funds appropriated in satisfaction of judgments awarded to the Chippewas of Lake Superior in Dockets Numbered 18-S, 18-U, 18-C, and 18-T before the Indian Claims Commission, 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. Notwithstanding any other provision of law, the funds appropriated for the following Indian Claims Commission judgments awards (less attorney fees and litigation expense and plus all investment income and interest accrued) shall be used and distributed under this Act: (1) Docket 18-S for the Chippewas of Lake Superior; (2) Docket 18-U for the Chippewas of Lake Superior; and (3) Dockets 18-C and 18-T funds apportioned to the Lac Courte Oreilles Band of the Lake Superior Bands of Chippewa Indians of the Lac Courte Oreilles Reservation of Wisconsin, the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, the Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians, and the St. Croix Chippewa Indians of Wisconsin. SEC. 2. (a) DIVISION OF DOCKET 18-S.—The Secretary of the In-

terior shall divide the amount for Docket 18-S with two-thirds of the funds for the Chippewas of Lake Superior and one-third for the Chippewas of the Mississippi. (b) The respective shares of the Chippewas of Lake Superior in Docket 18-S shall be divided as follows: (1) Bad River Reservation, Wisconsin, 1259/8437; (2) Lac du Flambeau Reservation, Wisconsin, 832/8437; (3) Lac Courte Oreilles Reservation, Wisconsin, 1,691/8437; (4) Sokaogon Chippewa Community (Mole Lake Band), Wisconsin, 187/8437; (5) Red Cliff Reservation, Wisconsin, 645/8437; (6) St. Croix Reservation, Wisconsin, 299/8437; (7) Keweenaw Bay Indian Community (L'Anse, Lac Vieux Desert, and Ontonagon Bands), Michigan, 939/8437; (8) Fond du Lac Reservation, Minnesota, 1346/8437; (9) Grand Portage Reservation, Minnesota, 387/8437; (10) Nett Lake Reservation (including Vermillion Lake and Deer Creek), Minnesota, 704/8437; and (11) White Earth Reservation, Minnesota, 148/8437. SEC. 3. DIVISION OF DOCKET 18-U.—The Secretary shall divide the amount for Docket 18-U funds among the reservations or communities and in the same proportions as in section 2(b) of this Act. SEC, 4. (a) U S E OF THE FUNDS IN DOCKETS 18-S and 18-U.—Until part or all of them are needed for use or distribution under a plan of the governing body of the reservation or community that has been approved by the Secretary, the Secretary shall continue to hold in trust in separate accounts and invested under section 1 of the Act of

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Page:United States Statutes at Large Volume 99 Part 1.djvu/803

 PUBLIC LAW 99-146—NOV. 11, 1985 June 24, 1938 (52 Stat. 1037; 25 U.S.C. 162a) the funds under sections 2 and 3 of this Act apportioned to each of the following: (1) the Lac Courte Oreilles Reservation, Wisconsin; (2) the Bad River Reservation; and (3) the Sokaogan Chippewa Community (Mole Lake Band), (b) The apportioned share of the funds under sections 2 and 3 of this Act of each reservation or community, except those in subsection (a) of this section, shall be used as follows: (1) Eighty percent of each reservation's share (fifty percent of the Keweenaw Bay Indian Community) shall be held and administered by the Secretary for per capita distribution and the sums (including the investment income accrued) shall be distributed in a sum as nearly equal as possible for each individual born on or prior to and living on the date of enactment of this Act who is enrolled on the respective tribal membership roll brought current to such date of enactment under tribal enrollment procedures. (2) Twenty percent of each reservation's share (fifty percent in the Keweenaw Bay Indian Community) shall be held in trust in separate accounts for the tribal organization of the reservation and invested by the Secretary under the Act of June 24, 1938 (52 Stat. 1037; 25 U.S.C. 162a) until needed for use or distribution under the tribe's plan approved by the Secretary. (3) The per capita distributions under this subsection from funds apportioned to reservations or communities of the MinL nesota Chippewa Tribe shall only be made to those individuals enrolled with the historical band designation for which the award was made. Plans submitted by two or more of the reservation business committees of the Minnesota Chippewa Tribe may include joint investment and use programs. SEC. 5. DIVISION OF DOCKETS 1 8 - C AND 18-T.—Notwithstanding

another law, the previously apportioned shares of the funds awarded by the Indian Claims Commission in Dockets 18-C and 18-T shall be distributed and used as follows: (a)(1) Until part or all of them are needed for use or distribution under a tribe's plan approved by the Secretary, the Secretary shall continue to hold in trust in separate accounts and invested under section 1 of the Act of June 24, 1938 (52 Stat. 1037; 25 U.S.C. 162a) the funds under this section apportioned to each of the following tribes: (A) the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of the Lac Courte Oreilles Reservation of Wisconsin; (B) the Bad River Band of Lake Superior Tribe of Chippewa Indians of the Bad River Reservation; and (C) the Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians. (2) If a tribe's plan under this subsection provides for a per capita distribution, the Secretary shall pay a per capita share to each individual born on or prior to and living on the date of the Secretary's approval of the plan and who is enrolled on the respective tribal membership roll brought current to such approval date under tribal enrollment procedures. (b) Funds apportioned to the St. Croix Chippewa Indians shall be used as follows: (1) Eighty percent shall be distributed by the Secretary in a sum as equal as possible to each individual born on or prior to and living on the date of enactment of this Act and who is

99 STAT. 781

.:-,» i

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Page:United States Statutes at Large Volume 99 Part 1.djvu/804

 99 STAT. 782

Regulations.

Prohibition.

Prohibition.

PUBLIC LAW 99-146—NOV. 11, 1985 enrolled on the tribe's roll brought current to such date of enactment under tribal enrollment procedures. (2) Twenty percent shall be used in a land purchase or interest in land for the benefit of the four tribal communities. These funds shall continue to be held and invested by the Secretary under section 1 of the Act of June 24, 1938 (52 Stat, 1037; 25 U.S.C. 162a) until the tribal governing body develops specific program plans and tribal budgets, which shall be subject to approval by the Secretary. SEC. 6. MISCELLANEOUS.—The per capita shares under this Act of Competent adults shall be paid directly to them. The per capita shares under this Act of deceased individual beneficiaries, legal incompetents, and minors shall be determined and distributed under regulations prescribed by the Secretary which are generally applicable to funds distributed under the Act of October 19, 1973 (87 Stat. 466), as amended (25 U.S.C. 1401 et seq.). (b) None of the funds distributed per capita or held in trust shall be subject to Federal or State income taxes or be considered as income or resources in determining the extent of eligibility for assistance under the Social Security Act or other Federal assistance programs. (c) Amounts remaining after per capita pa5niients under this Act shall revert to the governing body of the respective tribal group for program purposes approved by the Secretary. (d) No person shall be entitled to receive under this Act more than one per capita share from the same docket award. Approved November 11, 1985.

LEGISLATIVE HISTORY—H.R. 1903: HOUSE REPORT No. 99-268 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 7, considered and passed House. Oct. 29, considered and passed Senate.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/805

 PUBLIC LAW 99-147—NOV. 12, 1985

99 STAT. 783

Public Law 99-147 99th Congress Joint Resolution Designating the week beginning October 27, 1985, as "National Alopecia Areata Awareness Week".

Whereas alopecia areata is a serious disease affecting approximately two million people; Whereas alopecia areata, which usually afflicts children and young adults, causes severe and often permanent hair loss; Whereas the coordinated efforts of support groups in forty-two States have helped thousands of people cope with the physical and emotional problems caused by alopecia areata; Whereas much of the trauma associated with alopecia areata could be reduced through greater public awareness, understanding, and education; and Whereas the cause of alopecia areata is unknown, and promising research efforts to find a cure for the disease should be promoted: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week beginning October 27, 1985, is designated as "National Alopecia Areata Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved November 12, 1985.

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LEGISLATIVE HISTORY—H.J. Res. 282 (S.J. Res. 208): CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 30, considered and passed House. Nov. 4, considered and passed Senate.

Nov. 12, 1985 [H.J. Res. 282]

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Page:United States Statutes at Large Volume 99 Part 1.djvu/806

 99 STAT. 784

PUBLIC LAW 99-148—NOV. 12, 1985 Public Law 99-148 99th Congress

7*1 €v; & £ Joint Resolution

Nov. 12, 1985 [S.J. Res. 29]

Designating the week of November 11 through November 17, 1985, as "National Reye's Syndrome Week".

Whereas Reye's Syndrome is a disease of unknown cause which normally attacks healthy children eighteen years of age and under, both male and female, which can kill or cripple more than half of its victims within several days by attacking the muscles, liver, brain, and kidneys, and which affects every organ in the body; Whereas Reye's Syndrome is recognized by the Food and Drug Administration to be one of the top ten killers among all children's diseases; Whereas Reye's Syndrome was first recognized as a specific illness in 1963 but is not a new illness since children have been affected by it for decades during which it was improperly diagnosed; Whereas the reporting of cases of Reye's Syndrome is required in only one-half of the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the other territories and possessions of the United States; Whereas national Reye's Syndrome volunteer organizations are established throughout the United States and are supported by thousands of parents; Whereas such volunteer organizations exist to encourage involvement of the Federal Government in supporting Reye's Syndrome research; to encourage coordination of the treatment and research efforts by the various Reye's Syndrome treatment and research centers; to establish Reye's Syndrome as a reportable disease in every State; to establish at the Center for Disease Control a position for the review of data on Reye's Syndrome patients; to sponsor programs to educate parents and medical professionals with respect to diagnosis and treatment of the illness; and to raise funds for research into cause, prevention, and treatment of Reye's Syndrome; Wheresis the public, the Federal Government in general, and the Congress in particular, are not sufficiently aware of the continuous increase in the incidence of Reye's Syndrome; and Whereas the chief executive officers of several States have declared Reye's Syndrome weeks: Now, therefore, be it

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Page:United States Statutes at Large Volume 99 Part 1.djvu/807

 PUBLIC LAW 99-148—NOV. 12, 1985

99 STAT. 785

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 11 through November 17, 1985, is designated "National Reye's Sjnidrome Week". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities. Approved November 12, 1985.

LEGISLATIVE HISTORY—S.J. Res. 29: CONGRESSIONAL RECORD, Vol. 131 (1985): Mar. 28, considered and passed Senate. Oct. 30, considered and passed House, amended. Nov. 5, Senate concurred in House amendments with an amendment. Nov. 6, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/808

 99 STAT. 786

PUBLIC LAW 99-149—NOV. 12, 1985 Public Law 99-149 99th Congress

^

- - ^ ' -*:

Joint Resolution Nov. 12, 1985 [S.J. Res. 130]

Designating the week beginning on November 10, 1985, as "National Blood Pressure Awareness Week"

Whereas diseases resulting from hypertension cause needless mortality and morbidity which can be reduced if hypertension is discovered through blood pressure screening; Whereas sixty million Americans are hypertensive; Whereas hypertension is a major factor in five hundred thousand strokes and one hundred and seventy-five thousand stroke-related deaths annually as well as more than one million five hundred thousand heart attacks and five hundred and sixty-seven thousand heart attack-related deaths annually; Whereas the prevalence of hypertension in black males is 33 per centum higher than in white males, and the prevalence of hypertension in black females is twice that of their white counterparts; Whereas twenty-nine million workdays, representing $2,000,000,000 in earnings, are lost each year because of cardiovascular diseases; Whereas the risk of the major cardiovascular diseases is directly related to hypertension and even mild elevation in blood pressure may result in substantial risk of illness; Whereas much of the 30 per centum reduction in mortality between 1970 and 1980 for stroke, hypertension heart disease and other cardiovascular system disease can be partially attributed to increased awareness and better control of blood pressure; and Whereas increased blood pressure screening will identify greater numbers of Americans at risk for hypertension-related cardiovascular disease and encourage these Americans to seek treatment to control their blood pressure: Now, therefore, be it 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 hereby designated as "National Blood Pressure Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved November 12, 1985.

LEGISLATIVE HISTORY—S.J. Res. 130: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 4, 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/809

 PUBLIC LAW 99-150—NOV. 13, 1985

99 STAT. 787

Public Law 99-150 99th Congress An Act To amend the Fair Labor Standards Act of 1938 to authorize the provision of compensatory time in lieu of overtime compensation for employees of States, political subdivisions of States, and interstate governmental agencies, to clarify the application of the Act to volunteers, and for other purposes.

Nov. 13, 1985 [S. 1570]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Fair Labor Standards SHORT TITLE; R E F E R E N C E TO ACT

,Amendments of

SECTION 1. (a) SHORT TITLE.—This Act may be cited as the "Fair 29 USC 201 note. Labor Standards Amendments of 1985". (b) REFERENCE TO ACT.—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 Fair Labor Standards Act of 1938. 29 USC 201 et COMPENSATORY TIME

SEC. 2. (a) COMPENSATORY TIME.—Section 7 (29 U.S.C. 207) is

amended by adding at the end the following: "(o)(1) Employees of a public agency which is a State, a political subdivision of a State, or an interstate governmental agency may receive, in accordance with this subsection and in lieu of overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. "(2) A public agency may provide compensatory time under paragraph (1) only— "(A) pursuant to— "(i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the public agency and representatives of such employees; or "(ii) in the case of employees not covered by subclause (i), an agreement or understanding arrived at between the employer and employee before the performance of the work; and "(B) if the employee has not accrued compensatory time in excess of the limit applicable to the employee prescribed by paragraph (3). In the Case of employees described in clause (A)(ii) hired prior to April 15, 1986, the regular practice in effect on April 15, 1986, with respect to compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding under such clause (A)(ii). Except as provided in the previous sentence, the provision of compensatory time off to such employees for hours worked after April 14, 1986, shall be in accordance with this subsection.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/810

 99 STAT. 788

PUBLIC LAW 99-150—NOV. 13, 1985 "(3)(A) If the work of an employee for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If such work was any other work, the employee engaged in such work may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off shall, for additional overtime hours of work, be paid overtime compensation. "(B) If compensation is paid to an employee for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. "(4) An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than— "(A) the average regular rate received by such employee during the last 3 years of the employee's employment, or "(B) the final regular rate received by such employee, whichever is higher "(5) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency— "(A) who has accrued compensatory time off authorized to be provided under paragraph (1), and "(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the public agency. "(6) For purposes of this subsection— "(A) the term 'overtime compensation' means the compensation required by subsection (a), and "(B) the terms 'compensatory time' and 'compensatory time off mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate.".

29 USC 207 note.

ft))

Ante, p. 787.

bargaining agreement which is in effect on April 15, 1986, and which permits compensatory time off in lieu of overtime compensation shall remain in effect until its expiration date unless otherwise modified, except that compensatory time shall be provided after April 14, 1986, in accordance with section 7(o) of the Fair Labor Standards Act of 1938 (as added by subsection (a)).

29 USC 216 note.

29 USC 216. 29 USC 206. Ante, p. 787; post, p. 789.

EXISTING COLLECTIVE BARGAINING AGREEMENTS.—A Collective

(c) LIABILITY AND DEFERRED PAYMENT.—(1) N o State,

political

subdivision of a State, or interstate governmental agency shall be liable under section 16 of the Fair Labor Standards Act of 1938 for a violation of section 6 (in the case of a territory or possession of the United States), 7, or 11(c) (as it relates to section 7) of such Act occurring before April 15, 1986, with respect to any employee of the State, political subdivision, or agency who would not have been covered by such Act under the Secretary of Labor's special enforce-

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Page:United States Statutes at Large Volume 99 Part 1.djvu/811

 PUBLIC LAW 99-150—NOV. 13, 1985

99 STAT. 789

ment policy on January 1, 1985, and published in sections 775.2 and 775.4 of title 29 of the Code of Federal Regulations. (2) A State, political subdivision of a State, or interstate govern- 29 USC 207 note. mental agency may defer until August 1, 1986, the payment of monetary overtime compensation under section 7 of the Fair Labor Standards Act of 1938 for hours worked after April 14, 1986. Ante, p. 787; infra. SPECIAL DETAILS, OCCASIONAL OR SPORADIC EMPLOYMENT, AND SUBSTITUTION S E C 3. (a) SPECIAL DETAIL WORK FOR FIRE PROTECTION AND LAW ENFORCEMENT EMPLOYEES.—Section 7 (29 U.S.C. 207) is amended by

Ante, p. 787.

adding after subsection (o) (added by section 2) the following: "(p)(l) If an individual who is employed by a State, political subdivision of a State, or an interstate governmental agency in fire protection or law enforcement activities (including activities of security personnel in correctional institutions) and who, solely at such individual's option, agrees to be employed on a special detail by a separate or independent employer in fire protection, law enforcement, or related activities, the hours such individual was employed by such separate and independent employer shall be excluded by the public agency employing such individual in the calculation of the hours for which the employee is entitled to overtime compensation under this section if the public agency— "(A) requires that its employees engaged in fire protection, law enforcement, or security activities be hired by a separate and independent employer to perform the special detail, "(B) facilitates the employment of such employees by a separate and independent employer, or "(C) otherwise affects the condition of employment of such employees by a separate and independent employer.". (b) OCCASIONAL OR SPORADIC EMPLOYMENT.—Section 7(p) (29 U.S.C. 207), as added by subsection (a), is amended by adding at the end the Supra. following: "(2) If an employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency undertakes, on an occasional or sporadic basis and solely at the employee's option, part-time employment for the public agency which is in a different capacity from any capacity in which the employee is regularly employed with the public agency, the hours such employee was employed in performing the different employment shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section.". (c) SUBSTITUTION.—(1) Section 7(p) (29 U.S.C. 207), as amended by subsection (b), is amended by adding at the end the following: "(3) If an individual who is employed in any capacity by a public agency which is a State, political subdivision of a State, or an interstate governmental agency, agrees, with the approval of the public agency and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours such employee worked as a substitute shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section.". (2) Section 11(c) (29 U.S.C. 211(c)) is amended by adding at the end the following: "The employer of an employee who performs sub-

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