text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1016

 99 STAT. 994

PUBLIC LAW 99-167—DEC. 3, 1985 (3) the Administrator of General Services should— (A) assign to the Secretary of the Interior lands described in subsection (b)(1) for use as a park or recreational area; and (B) assign to the Secretary of Health and Human Services lands described in subsection (b)(2) for public health use; (4) the Secretary of the Interior or the Secretaries of the Interior and Health and Human Services, as the case may be, should, simultaneously with the acceptance of the extension of the lease for the lands described in subsection (c), convey to the city of Tucson, Arizona— (A) the property described in subsection (b)(1) for use as a park or recreational area through a public benefit discount conveyance under section 203(k)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)(2)); and (B) such land as is described in subsection (b)(2) for public health use through a public benefit discount conveyance under section 203(k)(l)(B) of such Act (40 U.S.C. 484(k)(l)(B)). (b) DESCRIPTION OF LAND SUITABLE FOR PARK OR RECREATIONAL

USE AND FOR PUBLIC HEALTH USE.—(1) The property referred to in

clauses (3)(A) and (4)(A) of subsection (a) is 61 acres of real property adjacent to Golf Links/Craycroft Intersection, Davis-Monthan Air Force Base, Tucson, Arizona. (2) The property referred to in clauses (3)(B) and (4)(B) of subsection (a) is such portion (not exceeding eight acres) of the land described in paragraph (1) as the Secretary of Health and Human Services, with the concurrence of the Secretaries of the Interior and Defense, determines to be suitable for public health use. (c) DESCRIPTION OF PROPERTY SUBJECT TO LEASE.—The property

referred to in subsection (a)(2) is 4,348.81 acres of real property owned by the city of Tucson, Arizona, at Davis-Monthan Air Force Base. (d) SURVEYS OF PROPERTY.—The exact acreage and legal descriptions of the property to be conveyed under this section shall be determined by surveys that are satisfactory to the Secretary of the Interior or the Secretaries of the Interior and Health and Human Services, as the case may be. The cost of such surveys shall be borne by the city of Tucson, Arizona. SEC. 832. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA

(a) REMOVAL OF REVERTER.—Section 835 of the Military Construc-

tion Authorization Act, 1985 (Public Law 98-407; 98 Stat. 1527), is amended— (1) by striking out subsection (d); and (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (b) TECHNICAL AMENDMENTS.—(1) Subsection (a) of such section is amended— (A) by striking out "Village West Foundation" and inserting in lieu thereof "Air Force Village West"; and (B) by striking out " 'Foundation'), of San Bernardino" and inserting in lieu thereof " 'Corporation'), of Riverside". (2) Subsection (b) and subsections (d) and (f), as redesignated by suJbsection (a), of such section are amended by striking out "Foundation" each place it appears and inserting in lieu thereof "Corporation".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1017

 PUBLIC LAW 99-167—DEC. 3, 1985

99 STAT. 995

SEC. 833. LAND CONVEYANCE, NAVAL AIR STATION, MIRAMAR, SAN DIEGO, CALIFORNIA

(a) AUTHORITY TO SELL OR EXCHANGE.—The Secretary of the Navy (hereafter in this section referred to as the "Secretary") is authorized to sell or exchange approximately 475 acres of land lying south of proposed highway SR-52 which comprises a portion of the Naval Air Station, Miramar, California. The lands sold or exchanged may not include lands authorized to be conveyed under section 837 of the Military Construction Authorization Act, 1985 (Public Law 98-407; 98 Stat. 1529). (b) SALE OR EXCHANGE REQUIREMENT.—The sale or exchange shall be conducted in accordance with competitive bidding procedures prescribed in section 2304 of title 10, United States Code. In no event may the land described in subsection (a) be sold or exchanged for less than the fair market value thereof. (c) CONSIDERATION.—In consideration for the sale or exchange Housing. authorized in subsection (a), the Secretary may accept cash or land in the San Diego area, or both. Any land received shall be a suitable site (as determined by the Secretary) for military family housing. (d) USE OF FUNDS.—(1) The Secretary is authorized to use any Housing. proceeds from the sale of lands made under this section solely for the purpose of acquiring in the San Diego area a suitable site for military family housing. (2) Any funds received by the Secretary under this section and not used for the acquisition of a site for military family housing within 30 months after the receipt of such funds shall be deposited into the general fund of the Treasury. (e) LEGAL DESCRIPTION OF LAND.—The exact acreage and legal description of the property sold or exchanged under this section shall be in accordance with surveys that are satisfactory to the Secretary. (f) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 834. LAND CONVEYANCE, COLORADO SPRINGS, COLORADO

(a) AUTHORITY TO CONVEY.—Subject to subsections (b) and (c), the Secretary of the Air Force (hereafter in this section referred to as the "Secretary") is authorized to convey to the United States Olympic Committee, without consideration, all right, title, and interest of the United States in and to the approximately 3.98 acres of land (together with improvements thereon) near Colorado Springs, Colorado, which are occupied by such Committee under a lease entered into by the Secretary with such Committee pursuant to section 806 of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 949). (b) CONDITIONS.—The conveyance described in subsection (a) shall be subject— (1) to the condition that the property conveyed shall be used by the United States Olympic Committee solely for activities of such Committee; (2) to the condition that if the property conveyed is not used for the purpose described in clause (1), all right, title, and interest in and to the property shall revert to the United States, which shall have the right of immediate entry thereon; and (3) to such other terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

�

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


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1018

 99 STAT. 996

PUBLIC LAW 99-167—DEC. 3, 1985 (c) DESCRIPTION OF LAND.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey that is satisfactory to the Secretary. The cost of the survey shall be borne by such Committee. SEC. 835. LAND TRANSFER, NAVAL AIR STATION, PENSACOLA, FLORIDA

Veterans. Cemetery.

38 USC 1000 et seq.

(a) TRANSFER.—The Secretary of the Navy shall transfer, without reimbursement, to the Administrator of Veterans' Affairs a tract of land consisting of approximately 15.31 acres, together with improvements thereon, at the Naval Air Station, Pensacola, Florida. (b) USE OF LAND.—The real property transferred pursuant to subsection (a) shall become part of the Barrancas National Cemetery and shall be administered by the Administrator of Veterans' Affairs as part of the National Cemetery System under chapter 24 of title 38, United States Code. (c) CONDITION.—If the real property transferred pursuant to subsection (a) is not used for the purpose described in subsection (b), the Administrator of Veterans' Affairs shall transfer such property, without reimbursement, to the Secretary of the Navy. (d) DESCRIPTION OF LAND.—The exact acreage and legal description of the property to be transferred under subsection (a) shall be determined by a survey approved by the Secretary. SEC. 836. AVIGATION RIGHTS ON SANTA ROSA ISLAND, FLORIDA

Prohibition.

The Act entitled "An Act to authorize the Secretary of the Army to sell and convey to Okaloosa County, State of Florida, all right, title, and interest in the United States in and to a portion of Santa Rosa Island, Florida, and for other purposes", approved July 2, 1948 (62 Stat. 1229), is amended by adding at the end thereof the following new section: "SEC. 5. The prohibition contained in subdivision d. of the first section against the erection of any structure or obstacle on the land conveyed under this Act in excess of seventy-five feet above mean low-water level shall be deemed to be a prohibition against the erection of a structure or obstacle in excess of two hundred feet above mean low-water level in the case of that portion of such land on Santa Rosa Island which is east of the Destin East Pass and known as Holiday Isle.". SEC. 837. TERMINATION DATE FOR CERTAIN LAND CONVEYANCE AUTHORITY AT EGLIN AIR FORCE BASE, FLORIDA

96 Stat. 1575.

Section 808 of the Military Construction Authorization Act, 1983 (Public Law 97-321; 98 Stat. 1575), is amended by adding at the end the following new subsection: "(d) The authority of the Secretary under this section shall terminate on October 1, 1990.". SEC. 838. LAND EXCHANGE, JACKSONVILLE, FLORIDA

(a) IN GENERAL.—Subject to subsections (b) through (f), the Secretary of the Navy (hereafter in this section referred to as the "Secretary") is authorized to convey to the NEW MET Company (hereafter in this section referred to as the "Company") all right, title, and interest of the United States in and to approximately 39.5 acres of unimproved land comprising a portion of the Naval Station, Mayport, Florida, located adjacent to the Ribault Bay Village Navy housing area.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1019

 PUBLIC LAW 99-167—DEC. 3, 1985

99 STAT. 997

(b) CONSIDERATION.—In consideration for the conveyance by the Secretary under subsection (a), the Company shall convey to the United States a parcel of land consisting of approximately 31.7 acres located in the vicinity of the Ribault Bay Village Navy housing area. (c) OBLIGATIONS OF PARTIES.—The specific obligations of the Secretary and the Company shall be those set forth in a memorandum of understanding between the parties dated February 19, 1985, (d) PAYMENT BY THE COMPANY.—If the fair market value of the land conveyed to the Company under subsection (a) exceeds the fair market value of the land conveyed to the United States under subsection (b), as determined by the Secretary, the Company shall pay the difference to the United States. (e) SURVEY.—The exact acreages and legal descriptions of the lands to be conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. The cost of any such survey shall be borne by the Company. (f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-

quire such additional terms and conditions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 839. LAND CONVEYANCE, FORT WILLIAM H. HARRISON, MONTANA

(a) AUTHORITY TO CONVEY.—Subject to subsection (b), the Secretary of the Army (hereafter in this section referred to as the "Secretary") is authorized to convey, without consideration, to the State of Montana all right, title, and interest of the United States in and to approximately 65.4 acres of unimproved land located in the southeast comer of Fort William H. Harrison, Montana, and presently under license to the State of Montana for National Guard use. (b) CONDITIONS.—(1) The conveyance authorized by subsection (a) Veterans. shall be subject to the condition that the property conveyed by the Cemetery. Secretary be used by the State to establish a State veterans' cemetery. (2) If the property conveyed pursuant to subsection (a) is not used for the purposes described in paragraph (1), all right, title, and interest in and to such property shall revert at no cost to the United States, which shall have the right of immediate entry thereon. (3) The Secretary shall reserve to the United States in the property conveyed by the Secretary a waterline easement for use by the Veterans' Administration Hospital near Fort William H. Harrison. (c) LEGAL DESCRIPTION OF LAND.—The exact acreage and legal description of the property to be conveyed under subsection (a) and of the easement to be reserved under subsection (b)(3) shall be determined by surveys that are satisfactory to the Secretary. The cost of such surveys shall be borne by the State. (d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-

quire such other terms and conditions with respect to the conveyance as the Secretary considers appropriate to protect the interests of the United States. SEC. 840. LAND CONVEYANCE, FORT JACKSON, SOUTH CAROLINA

(a) AUTHORITY TO SELL.—Subject to subsections (b) through (g), the Secretary of the Army (hereafter in this section referred to as the "Secretary") may sell all or any portion of that tract of land which comprises a portion of Fort Jackson, South Carolina, known as the Gregg Circle Area, consisting of 300 acres more or less.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1020

 99 STAT. 998 Contracts.

Housing.

98 Stat. 1521. Contracts.

Prohibition. Prohibition. Contracts.

PUBLIC LAW 99-167—DEC. 3, 1985 (b) CONDITIONS OF SALE.—Before the Secretary enters into a contract for the sale of all or a portion of the property referred to in subsection (a), the prospective buyer shall be required— (1) to submit to the Secretary a master plan for the development of the land that is acceptable to both the Secretary and the appropriate officials of the city of Columbia, South Carolina; and (2) at the option of the Secretary, to enter into an agreement with the Secretary under which the prospective buyer agrees that if all or a portion of the land referred to in subsection (a) is conveyed to the buyer, the buyer will be required— (A) to construct, at the option of the Secretary, on a portion of the land to be conveyed or on a portion of the land not conveyed up to 400 units of family housing in accordance with specifications and standards prescribed by the Secretary at the time the land is offered for sale; (B) to have the housing units ready for occupancy not later than 2 years after the date of the conveyance of such land to the prospective buyer; and (C) at the option of the Secretary— (i) lease the housing units to the Army pursuant to section 2828(g) of title 10, United States Code; or (ii) set aside the housing units for military personnel in exchange for a guarantee by the Secretary of the rental of the set-aside housing units in accordance with section 802 of the Military Construction Authorization Act, 1984 (10 U.S.C. 2821 note). (c) COMPETITIVE BID REQUIREMENT; MINIMUM SALE PRICE.—(1) The

sale of any of the land referred to in subsection (a) shall be carried out under publicly advertised, competitively bid, or competitively negotiated contracting procedures. (2) In no event may any of the land referred to in subsection (a) be sold for less than its fair market value. (d) REPORT REQUIREMENTS.—(1) The Secretary may not enter into any contract for the sale of any or all of the land referred to in subsection (a) unless— (A) the Secretary has submitted a report to the appropriate committees of Congress containing the information required in section 2828(g)(6)(A) of title 10, United States Code; and (B) a period of 21 days has expired following the date on which the economic report referred to in such section is received by those committees. (2) Any report submitted under paragraph (1) shall include— (A) a description of the price and terms of the proposed sale; (B) a description of the procedures used in selecting a buyer for the land; and (C) all pertinent information regarding the family housing to be made available for military personnel under this section. (e) USE OF PROCEEDS OF SALE.—(1) The Secretary may use the

Housing.

proceeds from the sale of any of the land referred to in subsection (a)(A) to provide for military family housing for military personnel stationed at Fort Jackson in the manner prescribed in subsection (b)(2) or in such other manner as the Secretary may prescribe;

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1021

 PUBLIC LAW 99-167—DEC. 3, 1985

99 STAT. 999

(B) to provide for security and access routes to facilities at Fort Jackson for military personnel housed or to be housed in the housing units to be constructed on such land; and (C) to construct necessary facilities for up to 100 mobile trailer home sites at Fort Jackson. (2) Any proceeds of the sale not used for such purposes shall be covered into the general fund of the Treasury. (f) LEGAL DESCRIPTION OF LAND.—The exact acreage and legal description of the land to be conveyed under this section shall be determined by a survey approved by the Secretary. (g) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions in connection with any transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. (h) ADDITIONAL AUTHORITY.—The military family housing au- Housing.

thorized under this section is in addition to any military family housing otherwise authorized by law. SEC. 841. LAND CONVEYANCE, NAVAL WEAPONS STATION, CHARLESTON, SOUTH CAROLINA

(a) AUTHORITY TO CONVEY.—Subject to subsections (b) through (h), the Secretary of the Navy (hereafter in this section referred to as the "Secretary") is authorized to convey to the Westvaco Corporation of New York (hereafter in this section referred to as the "Corporation") all right, title, and interest of the United States in and to approximately 47.83 acres of land, together with improvements thereon, which comprise that portion of the Navy Weapons Station, Charleston, South Carolina, located at Remount Road and Virginia Avenue. (b) CONSIDERATION.—In consideration for the conveyance authorized by subsection (a), the Corporation shall— (1) pay for the cost of construction of suitable replacement facilities to be constructed in a manner and at a site determined by the Secretary; (2) pay for the cost of removing any existing improvements on the replacement site; and (3) pay for the cost of relocating from the facilities located on the land to be conveyed by the Secretary to the replacement facilities. (c) AUTHORITY TO U S E FUNDS.—The Secretary is authorized to receive, obligate, and disburse any funds received under subsection (b) to cover design, construction, relocation and related costs specified in the memorandum of understanding referred to in subsection (d). (d) OBLIGATIONS OF PARTIES.—The specific obligations of the Secretary and the Corporation shall be those set forth in a memorandum of understanding between the parties that became effective April 17, 1985. (e) VACATING PROPERTY.—Upon completion and occupancy of the replacement facilities by the Navy and payment of all costs by the Corporation, the Navy shall promptly vacate the property described in subsection (a) and convey the property by quitclaim deed to the Corporation. (f) PAYMENT OF ANY EXCESS.—If the fair market value of the property conveyed under subsection (a) exceeds the consideration paid under subsection (b), as determined by the Secretary, the Corporation shall pay the difference to the United States.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1022

 99 STAT. 1000

PUBLIC LAW 99-167—DEC. 3, 1985

(g) LEGAL DESCRIPTION OF LAND.—The exact acreage and legal description of any land conveyed under this section shall be determined by a survey which is satisfactory to the Secretary. The cost of such survey shall be borne by the Corporation. (h) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interest of the United States. SEC. 842. PROPERTY MANAGEMENT

Colleges and universities.

(a) FoRT MCNAIR.—The Administrator of General Services shall transfer approximately 10.5 acres of surplus land adjacent to Fort McNair, Washington, D.C., to the Secretary of the Army, without reimbursement, for use by the Secretary in connection with the National Defense University. (b) ARLINGTON HALL STATION.—Upon the relocation of the Army Intelligence and Security Command and other Defense activities from Arlington Hall Station to new quarters, the Secretary of the Army shall transfer approximately 72 acres of the tract of land known as Arlington Hall Station, together with improvements thereon, to the Secretary of State, without reimbursement, to be used as a center for the training and instruction of personnel in the field of foreign relations, as authorized by chapter 7 of the Foreign Service Act of 1980 (22 U.S.C. 4021-4026), and for such other purposes as the Secretary of State may consider appropriate. Approved December 3, 1985.

LEGISLATIVE HISTORY—S. 1042 (H.R. 1409): HOUSE REPORTS: No. 99-128 accompanying H.R. 1409 (Comm. on Armed Services) and No. 99-366 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 131 (1985): June 5, considered and passed Senate. Oct. 16, H.R. 1409 considered and passed House; S. 1042, amended, passed in lieu. Nov. 12, Senate agreed to conference report. Nov. 19, House agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1023

 PUBLIC LAW 99-168—DEC. 3, 1985

99 STAT. 1001

Public Law 99-168 99th Congress Joint Resolution To designate the week of December 1, 1985, through December 7, 1985, as "National Temporary Services Week".

Whereas the temporary services industry is the second fastest growing business sector in terms of job creation in the United States; Whereas the temporary services industry employed over five million people at various times in 1984; Whereas the temporary services industry payroll has increased between 1970 and 1984 from $547,000,000 to $6,000,000,000; Whereas one out of every two hundred nonagricultural jobs in the United States was provided through temporary services in 1984; and Whereas the temporary services industry provides flexibility for employers to meet short-term labor needs: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of December 1, 1985, through December 7, 1985, is designated as "National Temporary Services Week" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate conferences, programs, ceremonies, and activities. Approved December 3, 1985.

LEGISLATIVE HISTORY—S.J. Res. 195: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 18, considered and passed Senate. Nov. 6, considered and passed House, amended. Nov. 23, Senate concurred in House amendments.

Dec. 3, 1985 [S.J. Res. 195]

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1024

 99 STAT. 1002

PUBLIC LAW 99-169—DEC. 4, 1985

Public Law 99-169 99th Congress An Act Dec. 4, 1985 [H.R. 2419]

Intelligence Authorization

To authorize appropriations for fiscal year 1986 for intelligence and intelligencerelated activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "InteUigence Authorization Act for Fiscal Year

Act for Fiscal

IQQC"

Year 1986.

•"•^^^ •

TITLE I-INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS

SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1986 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treeisury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATIONS

Supra.

SEC. 102. The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1986, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Committee of Conference to accompany H.R. 2419 of the Ninety-ninth Congress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION

SEC. 103. (a) There is authorized to be appropriated for fiscal year 1986 the sum of $50,600,000 for the conduct of the activities of the

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1025

 PUBLIC LAW 99-169—DEC. 4, 1985

99 STAT. 1003

Federal Bureau of Investigation to counter domestic and international terrorism. (b) Of the sums authorized to be appropriated by subsection (a), $500,000 is authorized to be made available by the Attorney General for making payments in advance for expenses arising out of contractual and reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities to counter domestic and international terrorism. PERSONNEL CEIUNG ADJUSTMENTS

SEC. 104. The Director of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 1986 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of important intelligence functions, except that such number may not, for any element of the Intelligence Community, exceed 2 per centum of the number of civilian personnel authorized under such sections for such element. The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section. RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS IN NICARAGUA

SEC. 105. (a) Funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated and expended during fiscal year 1986 to provide funds, materiel, or other assistance to the Nicaraguan democratic resistance to support military or paramilitary operations in Nicaragua only as authorized in section 101 and as specified in the classified Schedule of Authorizations referred to in section 102, or pursuant to section 502 of the National Security Act of 1947, or to section 106 of the Supplemental Appropriations Act, 1985 (Public Law 99-88). (b) Nothing in this section precludes— (1) administration, by the Nicaraguan Humanitarian Assistance Office established by Executive order 12530, of the program of humanitarian assistance to the Nicaraguan democratic resistance provided for in the Supplemental Appropriations Act, 1985, or (2) activities of the Department of State to solicit such humanitarian assistance for the Nicaraguan democratic resistance. AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION OF A RESEARCH AND ENGINEERING FACILITY AT THE NATIONAL SECURITY AGENCY HEADQUARTERS COMPOUND

SEC. 106. The National Security Agency is authorized to secure the design and construction of a research and engineering facility at its headquarters compound at Ft. Meade, Maryland. A single continuous contract may be employed to facilitate completion of the building authorized by this section, and the Secretary of Defense is authorized to contract for design and construction in advance of appropriations therefor, but the cost of such facility may not exceed

51-194 O - 88 - 33: QL. 3

Part 1

Post, p. 1005. Ante, p. 328. 3 CFR, 1985 Comp., p. 382.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1026

 99 STAT. 1004

PUBLIC LAW 99-169—DEC. 4, 1985

$75,064,000. Of the amounts authorized to be appropriated under section 101(4) of this Act, there is authorized to be appropriated for fiscal year 1986 the sum of $21,364,000 for design and construction of the facility authorized by this section during fiscal year 1986. TITLE II—INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS

SEC. 201. There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1986 the sum of $22,083,000. AUTHORIZATION OF PERSONNEL END-STRENGTH

SEC. 202. (a) The Intelligence Community Staff is authorized twohundred and thirty-three full-time personnel as of September 30, 1986. Such personnel of the Intelligence Community Staff may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government. (b) During fiscal year 1986, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities. (c) During fiscal year 1986, any officer or employee of the United States or a member of the Armed Forces who is detailed to the Intelligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence. I N T E L U G E N C E COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY

SEC 203. During fiscal year 1986, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same manner as activities and personnel of the Central Intelligence Agency. TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM AUTHORIZATION OF APPROPRIATIONS

SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1986 the sum of $101,400,000. TITLE IV—PROVISIONS RELATING TO INTELLIGENCE AGENCIES SEC. 401. (a) Title V of the National Security Act of 1947 (50 U.S.C. 413), relating to accountability for intelligence activities, is amended by adding at the end thereof the following:

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1027

 PUBLIC LAW 99-169—DEC. 4, 1985

99 STAT. 1005

"FUNDING OF INTELLIGENCE ACTIVITIES

"SEC. 502. (a) Appropriated funds available to an intelligence 50 USC 414. agency may be obligated or expended for an intelligence or intelligence-related activity only if— "(1) those funds were specifically authorized by the Congress for use for such activities; or "(2) in the case of funds from the Reserve for Contingencies of the Central Intelligence Agency and consistent with the provisions of section 501 of this Act concerning any significant 50 USC 413. anticipated intelligence activity, the Director of Central Intelligence has notified the appropriate congressional committees of the intent to make such funds available for such activity; or "(3) in the case of funds specifically authorized by the Congress for a different activity— "(A) the activity to be funded is a higher priority intelligence or intelligence-related activity; "(B) the need for funds for such activity is based on unforseen requirements; and "(C) the Director of Central Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has notified the appropriate congressional committees of the intent to make such funds available for such activity; "(4) nothing in this subsection prohibits obligation or expenditure of funds available to an intelligence agency in accordance with sections 1535 and 1536 of title 31, United States Code. "(b) Funds available to an intelligence agency may not be made available for any intelligence or intelligence-related activity for which funds were denied by the Congress. "(c) As used in this section— "(1) the term 'intelligence agency' means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities; "(2) the term 'appropriate congressional committees' means the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and "(3) the term 'specifically authorized by the Congress' means that— "(A) the activity and the amount of funds proposed to be used for that activity were identified in a formal budget request to the Congress, but funds shall be deemed to be specifically authorized for that activity only to the extent that the Congress both authorized the funds to be appropriated for that activity and appropriated the funds for that activity; or "(B) although the funds were not formally requested, the Congress both specifically authorized the appropriation of the funds for the activity and appropriated the funds for the activity.". Ob) The table of contents at the end of the first section of such Act is amended by inserting the following after the item relating to section 501: "Sec. 502. Funding of intelligence activities.".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1028

 99 STAT. 1006 50 USC 414 note.

Ante, p. 293.

PUBLIC LAW 99-169—DEC. 4, 1985

(c) The amendment made by section 401(a) of this Act shall not apply with respect to funds appropriated to the Director of Central Intelligence under the heading "ENHANCED SECURITY COUNTERMEASURES CAPABiliTiEs" in the Supplemental Appropriations Act, 1985 (Public Law 99-88). COUNTERINTELLIGENCE CAPABILITIES IMPROVEMENTS REPORT

SEC. 402. (a) Within one hundred and twenty days after the date of enactment of this Act, the President shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on the capabilities, programs, and policies of the United States to protect against, detect, monitor, counter, and limit intelligence activities by foreign powers, within and outside the United States, directed at United States Government activities or information, including plans for improvements which presently are within the authority of the executive branch to effectuate, and recommendations for improvements which would require legislation to effectuate. OJ) The report described in subsection (a) of this section shall be exempt from any requirement for publication or disclosure. NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES

SEC. 403. (a)(l) During fiscal year 1986, the transfer of a defense article or defense service exceeding $1,000,000 in value by an intelligence agency to a recipient outside that ^ency shall be considered a significant anticipated intelligence activity for the purpose of 50 USC 413. section 501 of the National Security Act of 1947. (2) Paragraph (1) does not apply if— (A) the transfer is being made to a department, agency, or other entity of the United States (so long as there will not be a subsequent retransfer of the defense articles or defense services outside the United States Government in conjunction with an intelligence or intelligence-related activity); or (B) the transfer— (i) is being made pursuant to authorities contained in 22 USC 2311. part II of the Foreign Assistance Act of 1961, the Arms 22 USC 2751 Export Control Act, title 10 of the United States Code ^^^(including a law enacted pursuant to section 7307(b)(l) of Ante, p. 204. that title), or the Federal Property and Administrative 40 USC 471 note. Services Act of 1949, and (ii) is not being made in conjunction with an intelligence or intelligence-related activity. (3) An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any intelligence or intelligence-related activity for which funds were denied by the Congress. (b) As used in this section— (1) the term "intelligence agency" means any department, ^ency, or other entity of the United States involved in intelligence or intelligence-related activities; (2) the terms "defense articles" and "defense services" mean the items on the United States Munitions List pursuant to Ante, pp. 156, section 38 of the Arms Export Control Act (22 CFR part 121); 203, 204.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1029

 PUBLIC LAW 99-169—DEC. 4, 1985

99 STAT. 1007

(3) the term "transfer" means— (A) in the case of defense articles, the transfer of possession of those articles, and (B) in the case of defense services, the provision of those services; and (4) the term "value" means— (A) in the case of defense articles, the greater of— (i) the original acquisition cost to the United States Government, plus the cost of improvements or other modifications made by or on behalf of the Government; or (ii) the replacement cost; and (B) in the case of defense services, the full cost to the Government of providing the services. TITLE V—GENERAL PROVISIONS AUTHORITY FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES

SEC. 501. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. INCREASES IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW

SEC. 502. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. TITLE VI—FACILITATING NATURALIZATION OF CERTAIN FOREIGN INTELLIGENCE SOURCES IMMIGRATION AND NATIONALITY ACT AMENDMENT

SEC. 601. Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at the end thereof the following new subsection: "(g)(1) Whenever the Director of Central Intelligence, the Attor- Aliens. ney General and the Commissioner of Immigration determine that a petitioner otherwise eligible for naturalization has made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities, the petitioner may be naturalized without regard to the residence and physical presence requirements of this section, or to the prohibitions of section 313 of this Act, and no residence within the jurisdiction of 8 USC 1424. the court shall be required: Provided, That the petitioner has continuously resided in the United States for at least one year prior to naturalization: Provided further. That the provisions of this subsection shall not apply to any alien described in subparagraphs (A) through (D) of paragraph 243(h)(2) of this Act. 8 USC 1253. "(2) A petition for naturalization may be filed pursuant to this subsection in any district court of the United States, without regard to the residence of the petitioner. Proceedings under this subsection

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1030

 99 STAT. 1008

PUBLIC LAW 99-169—DEC. 4, 1985

shall be conducted in a manner consistent with the protection of intelligence sources, methods and activities. "(3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central Intelligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives within a reasonable time prior to the filing of each petition under the provisions of this subsection.". TITLE VII—ADMINISTRATIVE PROVISIONS USE OF PROCEEDS FROM DEFENSE DEPARTMENT COUNTERINTELLIGENCE OPERATIONS

98 Stat. 1152.

SEC. 701. (a) During fiscal year 1986, the Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, United States Code, use of proceeds from counterintelligence operations conducted by components of the Military Departments to offset necessary and reasonable expenses, not otherwise prohibited by law, incurred in such operations, if use of appropriated funds to meet such expenses would not be practicable. 0)) As soon as the net proceeds from such counterintelligence operations are no longer necessary for the conduct of those operations, such proceeds shall be deposited into the Treasury as miscellaneous receipts. (c) The Secretary of Defense shall establish policies and procedures to govern acquisition, use, liianagement and disposition of proceeds from counterintelligence operations conducted by components of the Military Departments, including effective internal systems of accounting and administrative controls. RETIREMENT BENEFITS FOR CERTAIN CENTRAL INTELLIGENCE AGENCY EMPLOYEES SERVING IN UNHEALTHFUL AREAS

SEC. 702. Section 251 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by inserting "(a)" after "SEC. 251." and by adding at the end thereof the following new subsection: "(h) The Director of Central Intelligence may from time to time establish, in consultation with the Secretary of State, a list of places outside the United States which by reason of climatic or other extreme conditions are to be classed as unhealthful posts. Each year of duty at such posts, inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of service of a participant under this Act for the purpose of retirement, fractional months being considered as full months in computing such service. No extra credit for service at such unhealthful posts shall be credited to any participant who is paid a differential under section 5925 or 5928 of title 5, United States Code, for such service.". TITLE Vni—ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY PURPOSES SEC. 801. (a) Part III of title 5, United States Code, is amended by adding after chapter 89 the following new subpart:

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1031

 PUBLIC LAW 99-169—DEC. 4, 1985

99 STAT. 1009

"Subpart H—Access to Criminal History Record Information

"CHAPTER 91—ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY PURPOSES "Sec. "9101. Criminal history record information for national security purposes.

"§ 9101. Criminal history record information for national security purposes "(a) As used in this section: "(1) The term 'criminal justice agency' includes Federal, State, and local agencies and means: (A) courts, or (B) a Government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or Executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. "(2) The term 'criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correction supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. The term does not include those records of a State or locality sealed pursuant to law from access by State and local criminal justice agencies of that State or locality. "(3) The term 'classified information' means information or material designated pursuant to the provisions of a statute or Executive order as requiring protection against unauthorized disclosure for reasons of national security. "(4) The term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific islands, and any other territory or possession of the United States. "(5) The term 'local' and 'locality' means any local government authority or agency or component thereof within a State having jurisdiction over matters at a county, municipal, or other local government level. "(b)(1) Upon request by the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency, criminal justice agencies shall make available criminal history record information regarding individuals under investigation by such department, office or agency for the purpose of determining eligibility for (A) access to classified information or (B) assignment to or retention in sensitive national security duties. Such a request to a State central criminal history record repository shall be accompanied by the fingerprints of the individual who is the subject of the request if required by State law and if the repository uses the fingerprints in an automated fingerprint identification system. Fees, if any, charged for providing criminal history record information pursuant to this subsection shall not exceed the reasonable cost of

5 USC 9101. Law enforcement. State and local governments.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1032

 99 STAT. 1010

Claims.

PUBLIC LAW 99-169—DEC. 4, 1985

providing such information, nor shall they in any event exceed those charged to State or local agencies other than criminal justice agencies for such information, "(2) This subsection shall apply notwithstanding any other provision of law or regulation of any State or of any locality within a State, or any other law of the United States. "(3)(A) Upon request by a State or locality, the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency shall enter into an agreement with such State or locality to indemnify and hold harmless such State or locality, and its officers, employees and agents, from any claim against such State or locality, or its officer, employee or agent, for damages, costs and other monetary loss, whether or not suit is instituted, arising from the disclosure or use by such department, office or agency of criminal history record information obtained from the State or locality pursuant to this subsection, if the laws of such State or locality, as of the date of enactment of this section, otherwise have the effect of prohibiting the disclosure of such criminal history record information to such department, office, or agency. "(B) When the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency and a State or locality have entered into an agreement described in subparagraph (A), and a cledm described in such subparagraph is made against such State or locality, or its officer, employee, or agent, the State or locality shall expeditiously transmit notice of such claim to the Attorney General and to the United States Attorney of the district embracing the place wherein the claim is made, and the United States shall have the opportunity to make all determinations regarding the settlement or defense of such claim. (c) The Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency shall not obtain criminal history record information pursuant to this section unless it has received written consent from the individual under investigation for the release of such information for the purposes set forth in paragraph (b)(1). "(d) Criminal history record information received under this section shall be disclosed or used only for the purposes set forth in paragraph (b)(l) or for nationsil security or criminal justice purposes authorized by law, and such information shall be made available to the individual who is the subject of such information upon request.". (b) The table of contents of part III of title 5, United States Code is amended by adding at the end thereof: "Subpart H—Access to Criminal History Record Information "91. Access to Criminal History Records for National Security Purposes.......9101.".

Effective date. 5 USC 9101 note.

Ante, p. 1009. Report. 5 USC 9101 note.

SEC. 802. The amendments made by section 801(a) of this Act shall become effective with respect to any inquiry which begins after the date of enactment of this Act conducted by the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency, for the purposes specified in paragraph (b)(1) of section 9101 of title 5, United States Code, as added by this Act. SEC. 803. (a) Within two years after the date of enactment of this Act, the Department of Justice, after consultation with the Department of Defense, the Office of Personnel Management, and the Central Intelligence Agency, shall report to the appropriate committees of the Congress concerning the effect of section 9101(b)(3) of title

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1033

 PUBLIC LAW 99-169—DEC. 4, 1985

99 STAT. 1011

5, United States Code, as added by this Act, including the effect of Ante, p. 1009. the absence of indemnification agreements upon States and localities not eligible under section 9101(b)(3) of title 5, United States Code, for such agreements. (b) Three years after the date of enactment of this Act, section Termination 9101(b)(3) of title 5, United States Code, shall expire. date. Ante, p. 1009.

Approved December 4, 1985.

LEGISLATIVE HISTORY—H.R. 2419 (S. 1271): HOUSE REPORTS: No. 99-106, Pt. 1 (Comm. on Intelligence), Pt. II (Comm. on Armed Services) and No. 99-373 (Comm. of Conference). SENATE REPORTS: No. 99-79 (Select Comm. on Intelligence) and No. 99-136 (Comm. on Armed Services and Comm. on Governmental Affairs), all accompanying S. 1271. CONGRESSIONAL RECORD, Vol. 131 (1985): July 18, considered and passed House. Sept. 26, considered and passed Senate, amended, in lieu of S. 1271. Nov. 19, House agreed to conference report. Nov. 21, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 49 (1985): Dec. 4, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1034

 99 STAT. 1012

PUBLIC LAW 99-170—DEC. 5, 1985

Public Law 99-170 99th Congress An Act Dec. 5, 1985 [H.R. 1714]

National Aeronautics and Space Administration Authorization Act of 1986.

To authorize appropriations to the National Aeronautics and Space Administration for research and development, space flight, control and data communications, construction of facilities, and research and program management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Aeronautics and Space Administration Authorization Act of 1986". TITLE I—NASA AUTHORIZATION SEC. 101. There is hereby authorized to be appropriated to the National Aeronautics and Space Administration to become available October 1, 1985: (a) For "Research and development", for the following programs: (1) Space station, $205,000,000; (2) Space transportation capability development, $437,300,000; (3) Physics and astronomy, $620,400,000; (4) Life sciences, $68,000,000; (5) Planetary exploration, $354,000,000; (6) Space applications, $537,800,000; (7) Technology utilization, $11,100,000; (8) Commercial use of space, $17,000,000; (9) Aeronautical research and technology, $354,000,000; (10) Space research and technology, $166,000,000; and (11) Tracking and data advanced systems, $16,200,000. (b) For "Space flight, control and data communications", for the following programs: (1) Space shuttle production and operational capability, $961,500,000; (2) Space transportation operations, $1,710,100,000; and (3) Space and ground network, communications and data systems, $701,300,000. (c) Except as provided in the last sentence of this subsection for "Construction of facilities", including land acquisition, as follows: (1) Space transportation facilities at various locations as follows: (A) Construction of orbiter modification and refurbishment facility, John F. Kennedy Space Center, $14,000,000; (B) Construction of thermal protection system facility, John F. Kennedy Space Center, $3,600,000; (C) Modifications for advanced technology engine test stand S-IC, George C. Marshall Space Flight Center, $6,500,000; (D) Modification for enhanced life support systems testing, Lyndon B. Johnson Space Center, $1,100,000; (E) Modifications to Pad A payload change-out room, John F. Kennedy Space Center, $2,200,000; and

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1035

 PUBLIC LAW 99-170—DEC. 5, 1985

99 STAT. 1013

(F) Modifications to space shuttle main engine support systems, National Space Technology Laboratories, $2,500,000; (2) Space shuttle payload facilities at various locations as follows: (A) Construction of payload control rooms, John F. Kennedy Space Center, $1,200,000; and (B) Construction of spacecraft systems development and integration facility, Goddard Space Flight Center, $8,000,000; (3) Construction of additions to research projects laboratory, Goddard Space Flight Center, $3,800,000; (4) Construction of microdevices laboratory, Jet Propulsion Laboratory, $8,900,000; (5) Construction of numerical aerodynamic simulation facility, Ames Research Center, $8,200,000; (6) Modifications to the 16-foot transonic tunnel for improved productivity and research capability, Langley Research Center, $4,900,000; (7) Modification of 64-meter antenna, DSS-14, Goldstone, California, $8,500,000; (8) Modification of 64-meter antenna, DSS-43, Canberra, Australia, $8,900,000; (9) Repair of facilities at various locations, not in excess of $750,000 per project, $22,000,000; (10) Rehabilitation and modification of facilities at various locations, not in excess of $750,000 per project, $27,000,000; (11) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $500,000 per project, $6,000,000; and (12) Facility plemning and design not otherwise provided for, $12,000,000. Notwithstanding paragraphs (1) through (12), the total amount authorized by this subsection shall not exceed $139,300,000. (d) For "Research and program management", $1,367,000,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (e) Notwithstanding the provisions of subsection (h), appropriations hereby authorized for "Research and development" and "Space flight, control and data communications" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to ensure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" and "Space flight, control and data communications" pursuant to this Act may be used in accordance

Contracts. Grants.

Prohibition.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1036

 99 STAT. 1014

42 USC 2459a.

Report.

PUBLIC LAW 99-170—DEC. 5, 1985

with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $500,000, unless the Administrator or the Administrator's designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the nature, location, and estimated cost of such facility. (f) When so specified and to the extent provided in an appropriation.Act, (1) any amount appropriated for "Research and development", for "Space flight, control and data communications" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of 12 months beginning at any time during the fiscal year. (g) Appropriations made pursuant to subsection (d) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator, and the Administrator's determination shall be final and conclusive upon the accounting officers of the Government. (h) Of the funds appropriated pursuant to subsections (a), (b), and (d), not in excess of $100,000 for each project, including collateral equipment, may be used for construction of new facilities and additions to existing facilities, and for repair, rehabilitation, or modification of facilities: Provided, That, of the funds appropriated pursuant to subsection (a) or (b), not in excess of $500,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. SEC. 102. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (11), inclusive, of section 101(c)— (1) in the discretion of the Administrator or the Administrator's designee, may be varied upward 10 percent, or (2) following a report by the Administrator or the Administrator's designee to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the circumst£inces of such action, may be varied upward 25 per centum, to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 103. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to section 101(a) or lOlOt)) may be transferred to and merged with the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of funds appropriated pursuant to section 101(c) (other than funds appropriated pursuant to paragraph (12) of such section) shall be available for expenditure to construct, expand, and modify laboratories and other installations at any location (including locations specified in section 101(c)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) the Administrator determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1037

 PUBLIC LAW 99-170—DEC. 5, 1985

99 STAT. 1015

acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless a period of 30 days has passed after the Administrator or the Administrator's designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a written report containing a full and complete statement concerning (i) the nature of such construction, expansion, or modification, (ii) the cost thereof including the cost of any real estate action pertaining thereto, and (iii) the reason why such construction, expansion, or modification is necessary in the national interest. SEC. 104. Notwithstanding any other provision of this Act, no amount appropriated pursuant to this Act may be used for any program— (1) deleted by the Congress from requests as originally made either to the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Science and Technology of the House of Representatives; (2) in excess of the amount actually authorized for that particular program by subsections (a), QD), and (d) of section 101; and (3) which has not been presented to either such committee, unless a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or the Administrator's designee 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. SEC. 105. It is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 106. No civil space station authorized under section 101(a)(1) may be used to carry or place in orbit any nuclear weapon or any other weapon of mass destruction, to install any such weapon on any celestial body, or to station any such weapon in space in any other manner. This civil space station may be used only for peaceful purposes. SEC. 107. On and after the date of enactment of this Act, the Inspector General of the National Aeronautics and Space Administration may administer to or take from any person an oath, affirmation or affidavit, whenever necessary in the performance of the functions assigned by the Inspector General Act of 1978 (5 U.S.C. App.). Any such oath, affirmation or affidavit, when administered or taken by or before an investigator or such other employee of the Office of the Inspector General as may be designated by the Inspector General, shall have the same force and effect as if administered or taken by or before an officer having a seal. SEC. 108. The authorization for space shuttle production and operational capability includes provisions for the production activities necessary to provide for a fleet of four space shuttle orbiters.

Prohibition. Report.

Prohibition.

42 USC 2459 note.

Prohibition.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1038

 99 STAT. 1016

42 USC 2451 note.

Report.

Study. Handicapped persons. 42 USC 2451 note. Report. 42 USC 2466c note. Study. Report. 42 USC 2466c note. Banks and banking.

contracts.

contracts.

President of U.S. Report.

PUBLIC LAW 99-170—DEC. 5, 1985

including the production of structural and component spares, necessary to ensure confident and cost effective operation of the four orbiter fleet as well as provisions for maintaining production readiness for a fifth orbiter vehicle. SEC. 109. Section 204(c) of the National Aeronautics and Space Administration Authorization Act, 1985 (Public Law 98-361; 98 Stat. 430) is amended by striking "twelve" and inserting in lieu thereof "18". SEC. 110. Within ninety days of the date of enactment of this Act, the Administrator shall review those recommendations of the President's Private Sector Survey on Cost Control and such other recommendations as may be included in the Office of Management and Budget report "Management of the United States Government— 1986" and shall submit a report to the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation status of each such recommendation which affects the National Aeronautics and Space Administration and which are within the authority and control of the Administrator. SEC. H I. The Administrator shall initiate an immediate feasibility study to ensure flight opportunities for a diverse segment of the American public, including a physically disabled American. SEC. 112. The Administrator shall examine and report to the Congress on the feasibility of providing space shuttle launch services on a basis of royalty recovery over the economic life of commercial products produced or processed in space. SEC. 113. The Administrator shall conduct a study and report to the Congress on a proposed pricing policy for certain services such as on-orbit service, repair or recovery of spacecraft. SEC. 114. (a) In accordance with the provisions of this section, during fiscal year 1986 the National Aeronautics and Space Administration shall defer payment to the Federal Financing Bank of the amount attributable to principal for which the Administration is obligated during such fiscal year as a result of the contract regarding tracking and data relay satellite services (NAS 5-25,000) entered into under section 6 of the National Aeronautics and Space Administration Authorization Act, 1978 (42 U.S.C. 2463). (b) The amount of any pa3niient deferred under subsection (a) shall be added to the amount of principal for which the Administration is obligated during fiscal year 1993 as a result of such contract. After the addition of such amount, if the total amount of repayments and prepayments under such contract for which the Administration is obligated during fiscal year 1993 exceeds the total amount of repayments and prepa3mients under such contract for which the Administration was obligated during fiscal year 1992, the Administration may defer payment of such excess until fiscal year 1994. (c) The Administrator of the National Aeronautics and Space Administration is authorized to renegotiate such contract, if the Administrator determines that such renegotiation is necessary to enable the Administration to defer pa3mients as provided in this section. SEC. 115. The President shall submit to the Congress at the earliest practicable date, but not later than May 1, 1986, a report on any action taken with respect to the establishment in 1992 of an International Space Year. Such report shall include descriptions of possible international missions and related research and edu-

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1039

 PUBLIC LAW 99-170—DEC. 5, 1985

99 STAT. 1017

cational activities and such other activities as the President may deem appropriate. TITLE II—SHUTTLE PRICING POLICY FOR COMMERCIAL AND FOREIGN USERS SEC. 201. The Congress finds and declares that— (1) the Space Transportation System is a vital element of the United States space program, contributing to the United States leadership in space research, technology, and development; (2) the Space Transportation System is the primary space launch system for both United States national security and civil government missions; (3) the Space Transportation System contributes to the expansion of United States private sector investment and involvement in space and therefore should serve commercial users; (4) the availability of the Space Transportation System to foreign users for peaceful purposes is an important means of promoting international cooperative activities in the national interest and in maintaining access to space for activities which enhance the security and welfare of mankind; (5) the United States is committed to maintaining world leadership in space transportation; (6) making the Space Transportation System fully operational and cost effective in providing routine access to space will maximize the national economic benefits of the system; and (7) national goals and the objectives for the Space Transportation System can be furthered by a stable and fair pricing policy for the Space Transportation System. SEC. 202. The purpose of this title is to set the reimbursement pricing policy for the Space Transportation System for commercial and foreign users which is consistent with the findings included in section 201, encourages the full and effective use of space, and is designed to achieve the following goals— (1) the preservation of the role of the United States as a leader in space research, technology, and development; (2) the efficient and cost effective use of the Space Transportation System; (3) the achievement of greatly increased commercial space activity; and (4) the enhgmcement of the international competitive position of the United States. SEC. 203. For purposes of this title, the term— (1) "Administrator" means the Administrator of the National Aeronautics and Space Administration; and (2) "additive cost" means the average direct and indirect costs to the National Aeronautics and Space Administration of providing additional flights of the Space Transportation System beyond the costs associated with those flights necessary to meet the space transportation needs of the United States Government. SEC. 204. (a) The Administrator shall establish and implement a pricing system to recover reimbursement in accordance with the pricing policy under section 202 from each commercial or foreign user of the Space Transportation System, which except as provided in subsections (c), (d), and (e) shall include a base price of not less

Space Transportation System. 42 USC 2466.

42 USC 2466a.

42 USC 2466b.

42 USC 2466c.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1040

 99 STAT. 1018

Report.

PUBLIC LAW 99-170—DEC. 5, 1985

than $74,000,000 for each flight of the Space Transportation System in 1982 dollars. (b) Each year the Administrator shall submit to the President of the Senate, the Speaker of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the House of Representatives, a report, transmitted contemporaneously with the annual budget request of the President, which shall inform the Congress how the policy goals contained in section 202 are being furthered by the shuttle price for foreign and commercial users. (c)(1) If at any time the Administrator finds that the policy goals contained in section 202 are not being achieved, the Administrator shall have authority to reduce the base price established in subsection (a) after forty-five days following receipt by the President of the Senate, the Speaker of the House, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the House of Representatives of a notice by the Administrator containing a description of the proposed reduction together with a full and complete statement of the facts and circumstances which necessitate such proposed reduction. (2) In no case shall the minimum price established under subsection (c)(1) be less than additive cost.

(d) The Administrator may set a price lower than the price determined under subsection (a) or (c), or provide no-cost flights, for any commercial or foreign user of the Space Transportation System who is involved in research, development or demonstration programs with the National Aeronautics and Space Administration.

42 USC 2466 ^°^-

49 USC app. 2623.

(e) Notwithstanding the provisions of subsection (a), the Administrator shall have the authority to offer reasonable customer incentives consistent with the policy goals in section 202. SEC. 205. This title shall apply to flights of the Space Transportation System beginning on and after October 1, 1988. TITLE III—OFFICE OF COMMERCIAL SPACE TRANSPORTATION SEC. 301. Section 24 of the Commercial Space Launch Act (Public Law 98-575; 98 Stat. 3064) is amended by adding at the end thereof the following: "There is authorized to be appropriated to the Secretary to carry out this Act $586,000 for fiscal year 1986.". Approved December 5, 1985.

LEGISLATIVE HISTORY—H.R. 1714: HOUSE REPORTS: No. 99-32 (Comm. on Science and Technology) and No. 99-379 (Comm. of Conference). SENATE REPORT No. 99-91 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 131 (1985): Apr. 3, considered and passed House. June 27, considered and passed Senate, Eunended. Nov. 21, Senate and House agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1041

 PUBLIC LAW 99-171—DEC. 9, 1985

99 STAT. 1019

Public Law 99-171 99th Congress An Act To authorize the Administrator of the National Aeronautics and Space Administration to accept title to the Mississippi Technolc^ Transfer Center to be constructed by the State of Mississippi at the National Space Technologies Laboratories in Hancock County, Mississippi.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION FOR ADMINISTRATOR OF NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TO ACCEPT TITLE TO MISSISSIPPI TECHNOLOGY TRANSFER CENTER

The Administrator of the National Aeronautics and Space Administration— (1) may accept title to the Mississippi Technology Transfer Center on behalf of the United States; and (2) may, subject to the availability of appropriations therefor, enter into an agreement with the Governor of Mississippi with respect to the Center in accordance with the provisions of section 9 of chapter 170 of the Mississippi General Laws of 1985 (as enacted on April 19, 1985). SEC. 2. LIMITATION ON APPROPRIATIONS.

This Act does not authorize the enactment of new budget authority for a fiscal year before fiscal year 1987. SEC. 3. DEFINITION OF MISSISSIPPI TECHNOLOGY TRANSFER CENTER.

For purposes of this Act, the term "Mississippi Technology Transfer Center" means any building and related facilities constructed by the State of Mississippi at the National Space Technologies Laboratories in Hancock County, Mississippi, under section 9 of chapter 170 of the Mississippi General Laws of 1985 (as enacted on April 19, 1985) and designated in accordance with such section as the Mississippi Technology Transfer Center. Approved December 9, 1985.

LEGISLATIVE HISTORY—H.R. 3235: HOUSE REPORT No. 99-322 (Comm. on Science and Technology). SENATE REPORT No. 99-187 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 28, considered and passed House. Nov. 21, considered and passed Senate.

Dec. 9, 1985 [H.R. 3235]

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1042

 99 STAT. 1020

PUBLIC LAW 99-172—DEC. 9, 1985

Public Law 99-172 99th Congress An Act Dec. 9, 1985 [H.R. 1806]

To recognize the organization known as the Daughters of Union Veterans of the Civil War 1861-1865.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CHARTER Corporation. 36 USC 3701.

SECTION 1. The Daughters of Union Veterans of the Civil War 1861-1865, a nonprofit corporation organized under the laws of the State of Ohio, is recognized as such and is granted a Federal charter. POWERS

36 USC 3702.

S E C 2. The Daughters of Union Veterans of the Civil War 18611865 (hereinafter in this Act referred to as the "corporation") shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States. OBJECTS AND PURPOSES OF CORPORATION

36 USC 3703.

Voluntarism.

SEC. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and, for the purpose of perpetuating the memories of the fathers of the Daughters of Union Veterans of the Civil War 1861-1865, their loyalty to the Union, and their unselfish sacrifices for the preservation of the same, shall include the following: (1) Encouraging the preservation of historic sites and the construction and preservation of monuments commemorating any aspect of the Civil War. (2) Building and maintaining a Museum of Civil War History, admission to which shall be free and open to the public, in the city of Springfield, Illinois, as a repository of Civil War documents, artifacts, and cultural relics. (3) Maintaining a library in connection with the Civil War museum, admission to which shall be open to the public, containing the official volumes of the War of the Rebellion Records, Civil War genealogical files. Adjutant General reports of the various States, military and biographical records and accounts of the individual service of Union soldiers, sailors, and marines, diaries, letters, relics, and other records. (4) Promulgating and teaching American history, particularly the history of the Civil War period, through the establishment of scholarship programs at the National and State levels, the presentation of American flags to youth groups and newly naturalized citizens, and the sponsorship of contests of educational merit. (5) Caring for veterans of all wars through volunteer programs in Veterans' Administration medical centers and in

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1043

 PUBLIC LAW 99-172—DEC. 9, 1985

99 STAT. 1021

homes and other institutions maintained by the States for the welfare of American veterans. (6) Participating, in a spirit of cooperation and reciprocity, in programs with other societies devoted to American history, veterans' affairs, or community interests. The corporation shall function as a veterans' and patriotic organization as authorized by the laws of the State or States in which it is incorporated. SERVICE OF PROCESS

SEC. 4. With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

36 USC 3704.

MEMBERSHIP

SEC. 5. Eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the constitution and bylaws of the corporation.

36 USC 3705.

BOARD OF DIRECTORS; COMPOSITION; RESPONSIBIUTIES

SEC. 6. The composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

36 USC 3706.

OFFICERS OF CORPORATION

SEC. 7. The positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

36 USC 3707.

RESTRICTIONS

SEC. 8. (a) No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) The corporation may not make any loan to any officer, director, or employee of the corporation. (c)(l) The corporation may not contribute to, support, or otherwise participate in any political activity or attempt in any manner to influence legislation. (2) No officer or director of the corporation, acting as such officer or director, may commit any act prohibited under paragraph (1) of this subsection. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities.

36 USC 3708.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1044

 99 STAT. 1022

PUBLIC LAW 99-172—DEC. 9, 1985 LIABILTTY

36 USC 3709.

SEC. 9. The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority. BOOKS AND

36 USC 3710.

RECORDS;

INSPECTION

SEC. 10. The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. AUDIT OF FINANCIAL TRANSACTIONS

SEC. 11. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: "(70) Daughters of Union Veterans of the Civil War 18611865.". ANNUAL REPORT

36 USC 3711.

SEC. 12. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 11 of this Act. The report shall not be printed as a public document. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER

Congress. 36 USC 3712.

SEC. 13. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. DEFINITION OF " S T A T E "

36 USC 3713.

SEC 14. For purposes of this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. TAX-EXEMPT STATUS

36 USC 3714.

SEC 15. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1045

 PUBLIC LAW 99-172—DEC. 9, 1985 of 1954. If the corporation fails to maintain such status, the charter granted by this Act shall expire.

99 STAT. 1023 26 USC i et seq.

TERMINATION

SEC. 16. If the corporation shall fail to comply with any of the 36 USC 3715. restrictions or provisions of this Act, the charter granted by this Act shall expire. Approved December 9, 1985.

LEGISLATIVE HISTORY—H.R. 1806: HOUSE REPORT No. 99-70 (Comm. on the Judiciary). SENATE REPORT No. 99-179 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 131 (1985): May 13, considered and passed House. Nov. 21, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1046

 99 STAT. 1024

PUBLIC LAW 99-173—DEC. 10, 1985

Public Law 99-173 99th Congress An Act Dec. 10, 1985 [H.R. 3327]

Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1986, and for other purposes.

Military Construction AcfTgse^*^""^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1986, for military construction functions administered by the Department of Defense, and for other purposes, namely: MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, and for construction and operation of facilities in support of the functions of the Commander-in-Chief, $1,602,982,000, to remain available until September 30, 1990: Provided, That of this amount, not to exceed $133,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MiuTARY CONSTRUCTION, N A V Y

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $1,705,370,000 of which $39,700,000 shall be available for the Berthing Pier and Bulkhead at the Naval Station, New York, to remain available until September 30, 1990: Provided, That of this amount, not to exceed $138,660,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: Provided further, That of this amount, $8,250,000 shall be aveiilable for land acquisition at China Lake, California. MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law,

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1047

 PUBLIC LAW 99-173—DEC. 10, 1985

99 STAT. 1025

$1,663,225,000, to remain available until September 30, 1990: Provided, That of this amount, not to exceed $134,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MiliTARY CONSTRUCTION,

DEFENSE AGENCIES

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $181,375,000, to remain available until September 30, 1990: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further, That of the amount appropriated, not to exceed $27,500,000, shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area as authorized in military construction Acts and section 2806 of title 10, United States Code, $10,000,000, to remain available until expended. MiuTARY CONSTRUCTION,

ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, and military construe- lo USC 2231 tion authorization Acts, $102,205,000, to remain available until etseq. September 30, 1990. MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $121,250,000, to remain available until September 30, 1990.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1048

 99 STAT. 1026

PUBLIC LAW 99-173—DEC. 10, 1985 MiuTARY CONSTRUCTION, ARMY RESERVE

10 USC 2231 etseq.

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $61,346,000, to remain available until September 30, 1990. MiuTARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $41,800,000, to remain available until September 30, 1990. MiuTARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $63,030,000, to remain available until September 30, 1990. FAMILY HOUSING, ARMY

For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $262,018,000; for Operation and maintenance, $1,167,069,000; for debt payment, $16,077,000; in all $1,445,164,000: Provided, That the amount provided for construction shall remain available until September 30, 1990. FAMILY HOUSING, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $139,808,000; for Operation and maintenance, $524,270,000; for debt payment, $17,302,000; in all $681,380,000: Provided, That the amount provided for construction shall remain available until September 30, 1990. FAMILY HOUSING, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $182,300,000; for Operation and maintenance, $650,161,000; for debt payment, $15,305,000; in all $847,766,000:

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/1049

 PUBLIC LAW 99-173—DEC. 10, 1985

99 STAT. 1027

Provided, That the amount provided for construction shall remain available until September 30, 1990. FAMILY HOUSING, DEFENSE AGENCIES

For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, leasing, and minor construction, as authorized by law, as follows: for Construction, $1,610,000; for Operation and maintenance, $14,957,000; in all $16,567,000: Provided, That the amount provided for construction shall remain available until September 30, 1990. GENERAL PROVISIONS SEC. 101. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 102. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. SEC. 103. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 104. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. SEC. 105. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except; (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest. SEC. 106. None of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. SEC. 107. None of the funds appropriated in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations. SEC. 108. No part of the funds appropriated in this Act may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement.

Prohibition. Contracts.

Motor vehicles.

Highways. Defense and national security.

Prohibition.

Prohibition.

Prohibition. Housing.

Prohibition.

Prohibition. Steel.

�