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 100 STAT. 1058

PUBLIC LAW 99-433—OCT. 1, 1986

development that relate to military requirements and test and evaluation. "(3) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Air Force to conduct the function specified in paragraph (1). "(4) The Secretary shall prescribe the relationship of the office or other entity established or designated under paragraph (3) to the , ^, r,.r Chief of Staff of the Air Force and to the Air Staff and shall ensure .u., Yig^^ each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities. "(e) The Secretary of the Air Force shall ensure that the Office of the Secretary of the Air Force and the Air Staff do not duplicate specific functions for which the Secretary has assigned responsibility to the other. "(f)(1) The total number of members of the armed forces and civilian employees of the Department of the Air Force assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff may not exceed 2,639. "(2) Not more than 1,585 officers of the Air Force on the activeduty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff. "(3) The total number of general officers assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff may not exceed the number equal to 85 percent of the number of general officers assigned or detailed to such duty on the date of the enactment of this subsection. "(4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by Congress. President of U.S. The limitation in paragraph (2) does not apply whenever the President determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Air Force or on the Air Staff. "(5) The limitations in paragraphs (1), (2), and (3) do not apply before October 1, 1988. 10 USC 8015.

"§ 8015. Under Secretary of the Air Force "(a) There is an Under Secretary of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Air Force may prescribe. "§ 8016. Assistant Secretaries of the Air Force "(a) There are three Assistant Secretaries of the Air Force. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Air Force may prescribe. "(2) One of the Assistant Secretaries shall be the Assistant Secretary of the Air Force for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Air Force.". (4) Section 8017 is amended— (A) by striking out "(a)" at the beginning of the text of such i»ii>. section; -^ uutj^is^jz CJII-I.J ^^'-.^.j.-. -JCV-? i?.-.; t-*-5A»-it%".•••i'^'^i

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100 STAT. 1059

(B) by striking out clause (2) and inserting in lieu thereof the following: "(2) The Assistant Secretaries of the Air Force, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense."; and (C) by striking out subsection (b). (5) Chapter 803 is further amended by adding at the end the following new sections: "§ 8018. Administrative Assistant "The Secretary of the Air Force may appoint an Administrative Assistant in the Office of the Secretary of the Air Force. The Administrative Assistant shall perform such duties as the Secretary may prescribe. "§ 8019. General Counsel "(a) There is a General Counsel of the Department of the Air Force, appointed from civilian life by the President. "(b) The General Counsel shall perform such functions as the Secretary of the Air Force may prescribe. "§ 8020. Inspector General "(a) There is an Inspector General of the Air Force who shall be detailed to such position by the Secretary of the Air Force from the general officers of the Air Force. An officer may not be detailed to such position for a tour of duty of more than four years, except that the Secretary may extend such a tour of duty if he makes a special finding that the extension is necessary in the public interest. "(h) When directed by the Secretary or the Chief of Staff, the Inspector General shall— "(1) inquire into and report upon the discipline, efficiency, n and economy of the Air Force; and "(2) perform any other duties prescribed by the Secretary or the Chief of Staff. "(c) The Inspector General shall periodically propose programs of inspections to the Secretary of the Air Force and shall recommend additional inspections and investigations as may appear appropriate. "(d) The Inspector General shall cooperate fully with the Inspector General of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the Department of the Air Force. "(e) The Inspector General shall have such deputies and assistants as the Secretary of the Air Force may prescribe. Each such deputy and Eissistant shall be an officer detailed by the Secretary to that position from the officers of the Air Force for a tour of duty of not more than four years, under a procedure prescribed by the Secretary.". (6) Section 8033 is transferred to the end of chapter 803 (as amended by paragraph (5)), redesignated as section 8021, and amended— (A) in subsection (a)— (i) by striking out "Policy which" and inserting in lieu thereof "Policy. The Committee"; r;, (ii) by inserting "and the mobilization preparedness" after "reserve components";

10 USC 8018.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1096

 100 STAT. 1060

PUBLIC LAW 99-433—OCT. 1, 1986 "

j !

f>;

10 USC 8021.

(iii) by striking out "Air Force and the" and inserting in lieu thereof "Air Force. The"; and ^^ "Z (iv) by striking out "Chief of Staff, and the Assistant '^^ Secretary responsible for reserve affairs" and inserting in lieu thereof "Secretary of the Air Force and the Chief of Staff"; (B) in subsection (b), by inserting "and" after the semicolon in clause (2); and (C) by striking out the section heading and inserting in lieu thereof the following: "§ 8021. Air Force Reserve Forces Policy Committee". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 803 is amended to read as follows: "Sec.

"8011. "8012. "8013. "8014. "8015. "8016. "8017. "8018. "8019. "8020. "8021.

"..'•'

Organization. Department of the Air Force: seal. Secretary of the Air Force. Office of the Secretary of the Air Force. Under Secretary of the Air Force. Assistant Secretaries of the Air Force. Secretary of the Air Force: successors to duties. Administrative Assistant. General Counsel. Inspector General. Air Force Reserve Forces Policy Committee.".

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SEC. 522. THE AIR STAFF

(a) COMPOSITION OF THE AIR STAFF.—Section 8031 is amended to

read as follows: "§ 8031. The Air Staff: function; composition "(a) There is in the executive part of the Department of the Air Force an Air Staff. The function of the Air Staff is to assist the Secretary of the Air Force in carrying out his responsibilities. "0>) The Air Staff is composed of the following: "(1) The Chief of Staff. "(2) The Vice Chief of Staff. "(3) The Deputy Chiefs of Staff. "(4) The Assistant Chiefs of Staff. "(5) The Surgeon General of the Air Force. "(6) The Judge Advocate General of the Air Force. "(7) The Chief of the Air Force Reserve. "(8) Other members of the Air Force assigned or detailed to 8 r the Air Staff "(9) Civilian employees in the Department of the Air Force assigned or detailed to the Air Staff. "(c) Except as otherwise specifically prescribed by law, the Air Staff shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe.". Qo) GENERAL DUTIES.—(1) Subsection (a) of section 8032 is amended by inserting "of the Air Force" after "Chief of Staff. (2) Subsection OJ) of such section is amended— (A) by striking out "The Air Staff in the matter preceding clause (1) and inserting in lieu thereof "Under the authority, J* direction, and control of the Secretary of the Air Force, the Air Staff;

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100 STAT. 1061

(B) by inserting "subject to subsections (c) and (d) of section 8014 of this title,' before "prepare" in clause (1); (C) by striking out ", training, serving, mobilizing, and demobilizing" in clause (1) and inserting in lieu thereof "(including those aspects of research and development assigned by the Secretary of the Air Force), training, servicing, mobilizing, demobilizing, administering, and maintaining"; (D) by striking out "for military operations" in clause (2) and inserting in lieu thereof "to support military operations by combatant commands"; and (E) by striking out clause (4) and inserting in lieu thereof the following: "(4) as directed by the Secretary or the Chief of Staff, coordinate the action of organizations of the Air Force; and". (3) The heading of such section is amended to read as follows: "§ 8032. The Air Staff: general duties". 10 USC 8032. (c) CHIEF OF STAFF.—Section 8034 is redesignated as section 8033 and is amended to read as follows: "§8033. Chief of Staff "(a)(1) There is a Chief of Staff of the Air Force, appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. He serves at the pleasure of the President. In time of war or during a national emergency declared by Congress, he may be reappointed for a term of not more than four years. "(2) The President may appoint an officer as Chief of Staff only if— "(A) the officer has had significant experience in joint duty assignments; and "(B) such experience includes at least one joint duty assignment as a general officer. "(3) The President may waive paragraph (2) in the case of an President of U.S. officer if the President determines such action is necessary in the national interest. "(b) The Chief of Staff, while so serving, has the grade of general without vacating his permanent grade. "(c) Except as otherwise prescribed by law and subject to section 8013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Secretary. "(d) Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief of Staff shall— "(1) preside over the Air Staff; "(2) transmit the plans and recommendations of the Air Staff to the Secretary and advise the Secretary with regard to such ^ "(3) after approval of the plans or recommendations of the Air Staff by the Secretary, act as the agent of the Secretary in carrying them into effect; 1« "(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members Ante, p. 1012. and organizations of the Air Force as the Secretary determines; "(5) perform the duties prescribed for him by section 171 of '" this title and other provisions of law; and
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 * 'J ">
 * - plans and recommendations;

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PUBLIC LAW 99-433—OCT. 1, 1986

"(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of Defense, or the Secretary of the Air Force. "(e)(1) The Chief of Staff shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title. "(2) To the extent that such action does not impair the independence of the Chief of Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force. "(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief of Staff shall keep the Secretary of the Air Force fully informed of significant military operations affecting ,'f;(!.f J»' *^® duties and responsibilities of the Secretary.". (d) VICE CHIEF OF STAFF.—Section 8035 is redesignated as section 8034 and is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: "(a) There is a Vice Chief of Staff of the Air Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. "(b) The Vice Chief of Staff of the Air Force, while so serving, has the grade of general without vacating his permanent grade."; (2) by striking out subsection (c); (3) by redesignating subsection (d) as subsection (c); (4) by adding at the end the following new subsection: "(d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staffs "(1) the Vice Chief of Staff shall perform the duties of the ' Chief of Staff until a successor is appointed or the absence or disability ceases; or
 * c.; u:- jn -. RJ

W(2) if there is a vacancy in the office of the Vice Chief of Staff or the Vice Chief of Staff is absent or disabled, unless the President directs otherwise, the most senior officer of the Air ^ Force in the Air Staff who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Staff until a successor to the Chief of Staff or the Vice Chief of Staff is appointed or until the absence or disability of the Chief of Staff or Vice Chief of Staff ceases, whichever occurs first."; and ^' (5) by striking out the section heading and inserting in lieu thereof the following: 10 USC 8034. "§ 8034. Vice Chief of Staff. Ante, p. 1055. (e) DEPUTY CHIEFS OF STAFF.—Chapter 805 is further amended by inserting after section 8034 (as redesignated by subsection (d) of this section) the following new section: "§ 8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff "(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff shall be general officers detailed to those positions. '^ ^ '• "(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of Staff shall be prescribed by the Secretary, except that— "(1) there may not be more than five Deputy Chiefs of Staff; and

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1063

"(2) there may not be more than three Assistant Chiefs of Staff.". (f) JUDGE ADVOCATE GENERAL; DEPUTY JUDGE ADVOCATE GEN-

ERAL.—Section 8072 is transferred to chapter 805, inserted after section 8036, and redesignated as section 8037. (g) CLERICAL AMENDMENTS.—(1) The table of sections at the beginning of chapter 805 is amended to read as follows:

Ante, p. 1062.

"Sec. "8031. "8032. "8033. "8034. "8035. "8036. "8037.

The Air Staff: function; composition. The Air Staff: general duties. Chief of Staff. .; Vice Chief of Staff. Deputy Chiefs of Staff and Assistant Chiefs of Staff. Surgeon General: appointment; grade. Judge Advocate General, Deputy Judge Advocate General: appointment; duties. "8038. Office of Air Force Reserve: appointment of Chief".

(2) The heading of section 8036 is amended by striking out the 10 USC 8036. comma and inserting in lieu thereof a semicolon. (3) Section 8038 (as redesignated by section 521(a)(2)) is amended by striking out the comma in subsection (a) after "Chief of Staff. (4) The table of sections at the beginning of chapter 807 is amended by striking out the item relating to section 8072. '•^^i '>gu or SEC. 523. AUTHORITY TO ORGANIZE AIR ORGANIZATIONS

FORCE

INTO SEPARATE

Section 8074(a) is amended by striking out "The" and inserting in lieu thereof "Except as otherwise prescribed by law or by the Secretary of Defense, the". PART D—GENERAL CONFORMING AMENDMENTS AND TRANSITION jf

PROVISIONS

SEC. 531. CONFORMING AMENDMENTS

(a) AMENDMENTS TO TITLE 10.—(1) Sections 175(d) and 523(b)(l)(B) are amended by striking out "3033" and "8033" and inserting in lieu thereof "3021" and "8021", respectively. (2) Section 641(1)(B) is amended by striking out "3015, 3019, 3033, 3496, 5251, 5252, 8019, 8033," and inserting in lieu thereof "3021, 3038, 3040, 3496, 5251, 5252, 8021, 8038,". (b) AMENDMENTS TO TITLE 37.—Section 204((a)(2) of title 37, United States Code, is amended by striking out "3033" and "8033" and inserting in lieu thereof "3021" and "8021", respectively. SEC. 532. TRANSITION

(a) EFFECTIVE DATE.—The provisions of subsections (c) and (d) of 10 USC 3014 each of sections 3014, 5014, and 8014 of title 10, United States Code, note. as added by sections 501, 511, and 521, respectively, shall be implemented not later than 180 days after the date of the enactment of this Act. (h) REPORT.—Not later than 210 days after the date of the enactment of this Act, the Secretary of each military department shall submit to Congress a report on the actions that have been taken to implement the provisions referred to in subsection (a) with respect to that military department. (c) WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE

President of U.S.

CHIEF.—(1) The President may waive, as provided in paragraph (2), 10 USC 3033 note.

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PUBLIC LAW 99-433—OCT. 1, 1986

the requirements provided for in section 3033(a)(2), 5033(a)(2), 5043(a)(2), and 8033(a)(2) of title 10, United States Code (as added or amended by sections 502, 512, 513, and 522, respectively). t.''^'••' (2) In exercising such waiver authority, the President may, in the case of any officer— (A) waive the requirement under section 664 of such title (as added by section 401 of this Act) for the length of a joint duty assignment if the officer has served in such an assignment for not less than two years; and (B) consider as a joint duty assignment any tour of duty served by the officer as a general or flag officer before the date of the enactment of this Act (or being served on the date of the enactment of this Act) that was considered to be a joint duty assignment or a joint equivalent assignment under regulations in effect at the time the assignment began. (3) A waiver under paragraph (2) may not be made in the case of J.. r J.. any officer more than four years after the date of the enactment of (4) A waiver under this subsection may be made only on a case-bycase basis. TITLE VI—MISCELLANEOUS 10 USC 194 note. Effective date.

'

SEC. 601. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEADQUARTERS ACTIVITIES AND CERTAIN OTHER ACTIVITIES (a) MILITARY DEPARTMENTS AND COMBATANT COMMANDS.—(1)

'

Effective on October 1, 1988, the total number of members of the Armed Forces and civilian employees assigned or detailed to duty described in paragraph (2) may not exceed the number equal to 90 percent of the total number of such members and employees assigned or detailed to such duty on September 30, 1986. (2) Duty referred to in paragraph (1) is permanent duty in the military departments and in the unified and specified combatant commands to perform management headquarters activities or management headquarters support activities. (3) In computing and implementing the limitation in paragraph (1), the Secretary of Defense shall exclude members and employees who are assigned or detailed to permanent duty to perform management headquarters activities or management headquarters support activities in the following: (A) The Office of the Secretary of the Army and the Army Staff. (B) The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps. (C) The Office of the Secretary of the Air Force and the Air Staff. (D) The immediate headquarters staff of the commander of each unified or specified combatant command. (4) If the Secretary of Defense applies any reduction in personnel required by the limitation in paragraph (1) to a unified or specified combatant command, the commander of that command, after consulting with his directly subordinate commanders, shall determine the manner in which the reduction shall be accomplished. (b) DEFENSE AGENCIES AND D O D FIELD ACTIVITIES.—dXA) Not

later than September 30, 1988, the Secretary of Defense shall reduce

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1065

the total number of members of the Armed Forces and civilian employees assigned or detailed to permanent duty in the management headquarters activities and management headquarters support activities in the Defense Agencies and Department of Defense Field Activities by a number that is at least 5 percent of the total number of such members and employees assigned or detailed to such duty on September 30, 1986. (B) Not later than September 30, 1989, the Secretary shall carry out an additional reduction in such members and employees of not less than 10 percent of the number of such members and employees assigned or detailed to such duty on September 30, 1988. (C) If the number of members and employees reduced under subparagraph (A) or (B) is in excess of the reduction required to be made by that subparagraph, such excess number may be applied to the number required to be reduced under paragraph (2). (2)(A) Not later than September 30, 1988, the Secretary of Defense shall reduce the total number of members of the Armed Forces and civilian employees assigned or detailed to permanent duty in the Defense Agencies and Department of Defense Field Activities, other than members and employees assigned or detailed to duty in management headquarters activities or management headquarters support activities, by a number that is at least 5 percent of the total number of such members and employees assigned or detailed to such duty on September 30, 1986. (B) Not later than September 30, 1989, the Secretary shall carry out an additional reduction in such members and employees of not less than 5 percent of the number of such members and employees assigned or detailed to such duty on September 30, 1988. (3) If after the date of the enactment of this Act and before October 1, 1988, the total number of members and employees described in paragraph (1)(A) or (2)(A) is reduced by a number that is in excess of the number required to be reduced under that paragraph, the Secretary may, in meeting the additional reduction required by paragraph (1)(B) or (2)(B), as the case may be, offset such additional reduction by that excess number. (4) The National Security Agency shall be excluded in computing and making reductions under this subsection.

f'
 * c -*

(c) PROHIBITION AGAINST CERTAIN ACTIONS TO ACHIEVE REDUC-

TIONS.—Compliance with the limitations and reductions required by subsections (a) and 0>) may not be accomplished by recategorizing or redefining duties, functions, offices, or organizations. (d) ALLOCATIONS TO B E MADE BY SECRETARY OF DEFENSE.—(1) The

Secretary of Defense shall allocate the reductions required to comply with the limitations in subsections (a) and (b) in a manner consistent with the efficient operation of the Department of Defense. If the Secretary determines that national security requirements dictate that a reduction (or any portion of a reduction) required by subsection (b) not be made from the Defense Agencies and Department of Defense Field Activities, the Secretary may allocate such reduction (or any portion of such reduction)(A) to personnel assigned or detailed to permanent duty in management headquarters activities or management headquarters support activities, or (B) to personnel assigned or detailed to permanent duty in other than management headquarters activities or management headquarters support activities, as the case may be, of the Department of Defense other than the Defense Agencies and Department of Defense Field Activities.

' ' '

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 100 STAT. 1066

PUBLIC LAW 99-433—OCT. 1, 1986

(2) Among the actions that are taken to carry out the reductions required by subsections (a) and (b), the Secretary shall consolidate and eliminate unnecessary management headquarters activities and management headquarters support activities. (e) TOTAL REDUCTIONS.—Reductions in personnel required to be

made under this section are in addition to any reductions required to be made under other provisions of this Act or any amendment made by this Act. (f) DEFINITIONS.—For purposes of this section, the terms "management headquarters activities" and "management headquarters support activities" have the meanings given those terms in Department of Defense Directive 5100.73, entitled "Department of Defense Management Headquarters and Headquarters Support Activities" and dated January 7, 1985. 10 USC 111 note.

SEC. 602. REDUCTION OF REPORTING REQUIREMENTS

(a) PoucY.—It is the policy of Congress to reduce the administrative burden placed on the Department of Defense by requirements for reports, studies, and notifications to be submitted to Congress through the elimination of outdated, redundant, or otherwise unnecessary reporting requirements. President of U.S.

Effective date.

(b) COMPILATION OF EXISTING REPORTING REQUIREMENTS.—(1) The

Secretary of Defense shall compile a list of all provisions of law in effect on the date of the enactment of this Act or enacted after such date and before February 1, 1987, that require the President, with respect to national defense functions of the Government, or any official or employee of the Department of Defense to submit a report, notification, or study to Congress or any committee of Congress. The preceding sentence does not apply to a requirement for a report, notification, or study to be submitted one time. (2) The Secretary shall submit to Congress the list compiled under paragraph (1) not later than six months after the date of the enactment of this Act. The Secretary shall include with such list (with respect to each report, notification, or study shown on the list) the following: (A) The date the requirement for such report, notification, or study was first imposed by law and the current legal citation for such requirement. (B) The Secretary's assessment of the continuing utility of such requirement to Congress and to the executive branch. (C) The Secretary's assessment of the administrative burden of such requirement and how such burden relates to the utility of the report, notification, or study. (D) The Secretary's recommendation as to whether such requirement should be retained, modified, or repealed. (3) The matter submitted under paragraph (2) shall also include— (A) any recommendation of the Secretary for consolidation of different requirements for reports, notifications, and studies; and (B) a draft of legislation to implement any changes in law recommended by the Secretary and to conform statutory provisions to the elimination of reporting requirements under subsection (c). (c) TERMINATION OF REPORTING REQUIREMENTS.—Except aS provided in subsection (d), effective on January 1, 1987, each provision of law that is contained in title 10, 32, or 37, United States Code, or in any Act authorizing appropriations or making appropriations for

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100 STAT. 1067

military functions of the Department of Defense (including military construction and military family housing functions) shall not be effective to the extent such provision requires the submission of a report, notification, or study. (d) EXCEPTIONS.—Subsection (c) does not apply— (1) to a requirement for a report, notification, or study to be submitted one time; (2) to a provision of law enacted on or after the date of the enactment of this Act (including any provision enacted by this Act); or (3) to a provision of law that requires the submission of the reports, notifications, and studies described in subsections (e) through (u). (e) PROVISIONS OF TITLE 10.—The exception provided in subsection (d)(3) applies to the following reports, notifications, and studies required by title 10, United States Code: (1) The annual report required by section 113(c) of such title (as redesignated by section 101(a)), relating to the accomplish; ments of the Department of Defense. (2) The annual report required by section 113(e) of such title (as redesignated by section 101(a) and amended by section 603), relating to major military missions and the military force structure of the United States. (3) The annual reports required by section 115 of such title (as designated and amended by section 110(b))— (A) under subsection (a)(2) of such section, relating to equipment of the National Guard and reserve components; ^., (B) under subsection (b)(3) of such section, relating to ^'' '" military and civilian personnel and strength levels, certain other manpower requirements, base structures, and certain requirements for and information on officers; and . (C) under subsection (c)(2) of such section, relating to average student training loads. (4) The annual report required by section 116(a) of such title, (as designated and amended by section 110(b)), relating to operations and maintenance. (5) The annual report required by section 117 of such title (as ^ redesignated by section 101(a)), relating to North Atlantic Treaty Organization readiness. I (6) The reports required by section 118 of such title (as > redesignated by section 101(a)), relating to sales or transfers of I certain defense articles. (7) The report required by section 125(c) of such title, relating J to the proposed reduction or elimination of a major weapon f system. f (8) The reports required by subsection (b)(5) of section 138 of such title (as redesignated by section 101(a)) and the annual V report required by subsection (g) of such section, relating to operational test and evaluation activities. (9) Reports required by section 1092(a)(3) of such title, relating i to studies and demonstration projects relating to delivery of T health and medical care. j (10) The reports required by section 1464(c) of such title, f relating to the status of the Department of Defense Military Retirement Fund.

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 100 STAT. 1068

10 USC 2131 et s^9-

PUBLIC LAW 99-433—OCT. 1, 1986 (11) The report required by section 2137 of such title, relating to the educational assistance program for members of the Selected Reserve under chapter 106 of such title. (12) The annual report required by section 2208(k) of such title, relating to the condition and operation of working-capital

funds. (13) The notifications required by section 2233a(a)(l) of such J: title, relating to expenditures and contributions for acquisition .1 of facilities for reserve components. (14) The notifications required by section 2304(c)(7) of such title, relating to the use of procurement procedures other than competitive procedures. (15) The notifications required by section 2306(h)(3) of such title, relating to cancellation ceilings in certain multiyear contracts. (16) The annual report required by section 2313(d)(4) of such title, relating to subpoenas issued by the Director of the Defense ^,, Contract Audit Agency to obtain contractor records. (17) The annual report required by section 2349 of such title, relating to North Atlantic Treaty Organization acquisition and cross-servicing agreements. (18) The semiannual report required by section 2357 of such title, relating to contracts in excess of $50,000 entered into by ^ the military departments for research and development. (19) The report required by section 2362(c) of such title, relating to the testing of wheeled or tracked armored vehicle programs. (20) The reports required by section 2391(c) of such title, relating to miltiary base reuse studies and community planning assistance. (21) The notifications required by section 23940t))(2) of such title, relating to contracts for energy or fuel. '-* (22) The annual report required by section 2397(e) of such title, relating to the names of certain employees and former employees of defense contractors. (23) The notifications required by clauses (B) and (C) of section 24010t))(l) of such title, the cost analyses required by section 2401(e)(1) of such title, and the reports required by section 2401(e)(2) of such title, all relating to the long-term lease or charter of vessels and aircraft by the military departments. (24) The notifications required by subsection (e)(1) of section 2403 of such title and the annual report required by subsection (e)(2) of such section, relating to waivers of certain requirements " for contractor guarantees. ^ (25) The notifications required by paragraphs (1) and (2) of section 2407(d) of such title, relating to certain contracts awarded by the Department of Defense in connection with North Atlantic Treaty Organization cooperative agreements. (26)(A) The annual and supplemental reports required by section 2431 of such title (as redesignated by section 101(a)), relating to weapons development and procurement schedules, mcluding the matter required by section 53(b) of the Arms Export Control Act (22 U.S.C. 2795b(b)) to be included in such annual reports. (B) The notifications in lieu of such supplemental reports under subsection (b) of such section. .„.,,.... ,

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1069

(27) The Selected Acquisition Reports required by section 2482 of such title (as redesignated by section 101(a)). (28) The notifications required by subsection (d)(3) of section 2433 of such title (as redesignated by section 101(a)) and reports required by subsection (e) of such section, relating to increases in program acquisition unit costs and procurement unit costs of certain major defense acquisition programs. (29) The annual report required by section 2457(d) of such title, relating to the policy to standardize equipment, ammunition, and fuel procured for the use of United States military forces stationed in Europe under the North Atlantic Treaty. (30) The reports required by subsection (a) or (e) of section 2662 of such title and the annual report required by subsection (b) of such section, relating to certain real property transactions. (31) The notifications required by section 2667a(g)(3) of such title, relating to expenditures in excess of $300,000 from the DOD Facilities Replacement Management Account. (32) The notifications required by section 26720t)) of such title, relating to acquisitions of interests in land for more than $100,000. (33) The notifications required by section 2676(d) of such title, relating to reductions in scope and increases in cost of a land acquisition. (34)(A) The notifications required by section 26870t)) of such title, relating to base closures and realignments. (B) The certification provided for in section 2687(c) of such title, relating to a closure or realignment of a military installation for reasons of national security. (35) The annual report required by section 2779(b)(4) of such title, relating to the use of funds appropriated for the elimination of certain losses caused by fluctuations in currency exchange rates of foreign countries. (36) The reports required by section 28030t>) of such title, relating to emergency military construction projects carried out under section 2803 of such title. (37) The reports required by section 2804(b) of such title, relating to military construction projects not authorized by law. (38) The notifications required by paragraphs (2) and (3) of section 2805(b) of such title, relating to minor construction in connection with certain relocations of activities from one installation to another. (39) The reports required by section 2806(c)(2) of such title, relating to contributions for North Atlantic Treaty Organization Infrastructure. (40) The notifications required by subsection (b) of section 2807 of such title and the reports required by subsection (c) of such section, relating to architectural and engineering services and construction design in connection with military construction or military family housing projects. (41) The notifications required by section 28080t)) of such title, relating to military construction projects in the event of a declaration of war or national emergency. (42) The justifications and economic analyses required by section 2809(a)(4) of such title, relating to long-term contracts for the construction, management, and operation of certain facilities.

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50 USC app.

PUBLIC LAW 99-433—OCT. 1, 1986

(43) The notifications and justifications required by section 2823(b) of such title, relating to disagreements on the availability of suitable alternative housing at locations in the United States where family housing is proposed to be constructed. (44) The notifications required by section 2827(b) of such title, relating to relocation of military family housing units. (45) The notifications and reports of economic analyses required by section 2828 of such title— (A) under subsection (b)(3) of such section, relating to domestic family housing limitations; (B) under subsection (f) of such section, relating to the proposed lease of military family housing in excess of authorized amounts; and (C) under subsection (g)(6)(A) of such section, relating to leasing of military family housing facilities. (46) The notifications required by section 2834(b) of such title, relating to agreements with the Secretary of State for the use of Department of State housing and related services by Department of Defense personnel. (47) The notifications required by subsections (d) and (e) of section 2853 of such title, relating to reductions in the scope of work or increases in the cost of military construction projects. (48) The notifications required by section 2854(b) of such title, relating to repair, restoration, or replacement of damaged or destroyed military facilities. (49) The notifications required by section 2856(b) of such title, relating to regulations establishing limitations on barracks space. (50) The annual report required by section 2861(a) of such title, relating to military construction activities and military family housing activities. (51) The notifications required by section 7307(b)(2) of such title, relating to the disposition of naval vessels to foreign nations. (52) The quarterly report required by section 7434 of such title, relating to production from the naval petroleum reserves. (f) PROVISIONS OF TITLE 37.—(1) The exception provided in subsection (d)(3) applies to the report required by section 406(i) of title 37, United States Code, relating to dependents accompanying members of the Armed Forces stationed outside the United States. (2) Such section is amended— (A) by striking out "quarter" in the matter preceding clause (1); and (B) by striking out "quarter" in clauses (1) and (2) and inserting in lieu thereof "fiscal year". (g) PUBLIC LAW 91-121.—Notifications required by subsections (b)(4) and (c)(1) of section 409 of Public Law 91-121 (50 U.S.C. 1512(4), 1513(1)), relating to chemical or biological warfare agents. (h) PUBLIC LAW 91-441.—Reports required by section 203(c) of Public Law 91-441 (10 U.S.C. 2358 note), relating to independent research and development and bid and proposal programs. (i) PUBLIC LAW 93-365.—The exception provided in subsection (d)(3) applies to the statements and quarterly report required by subsections (c) and (e) of section 709 of the Department of Defense Appropriation Authorization Act, 1975 (50 U.S.C. App. 2403-l(e)), relating to the export of certain goods, technology, and industrial techniques. .,.

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(j) PUBLIC LAW 96-342.—The exception provided in subsection (d)(3) applies to the notifications, summaries, certifications, and reports required by subsections (a), (b), and (c) of section 502 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2304 note), relating to conversion of performance of commercial and other type functions from Department of Defense personnel to private contractors. (k) PUBLIC LAW 98-94.—The exception provided in subsection (d)(3) applies to the following: (1) The notifications required by section 1201(c) of the Department of Defense Authorization Act, 1984 (97 Stat. 678), relating to transfers of amounts of authorizations. ,, ^r.;;..; (2) The reports and assessments required by section 1231 of such Act (97 Stat. 693), relating to certain intercontinental ballistic missile systems. ^ (3) The reports required by section 1252(d) of such Act (97 Stat. 698), relating to the cost effectiveness of and the quality of 42 USC 248d. medical care provided by public health service hospitals. (1) PUBLIC LAW 98-525.—The exception provided in subsection (d)(3) applies to the following: ' n (1) Reports required by section 1050t>)(l) of the Department of Defense Authorization Act, 1985 (98 Stat. 2503), relating to ^ government-to-government agreements for acquisition in connection with certain NATO cooperative programs. (2) The reports required by section 307(b)(3) of the Department of Defense Authorization Act, 1985 (10 U.S.C. 2304 note), relatiilsl -JcLsJ ing to waivers of a prohibition on contracting out certain logistics activities. (3) The annual report required by section 1002(d)(l) of such Act (22 U.S.C. 1928 note), relating to the supply of munitions and certain aircraft facilities in support of the North Atlantic Treaty Organization. f (4) The annual report required by section 1002(d)(2) of such Act (22 U.S.C. 1928 note), relating to the status and cost of the United States commitment to the North Atlantic Treaty Organization and certain activities of other member nations of the North Atlantic Treaty Organization. 3i: >au m F (5) The annual reports required by subsections (c) and (d) of section 1003 of such Act (22 U.S.C. 1928 note), relating to allied P_ contributions to the common defense. (6) The annual report required by section 1102 of such Act (10 U.S.C. 2872 note (formerly 10 U.S.C. 139 note)), relating to the p Strategic Defense Initiative and any other antiballistic missile '] defense program. (7) The notifications required by section 1501(c) of such Act (98 Stat. 2626), relating to transfers of amounts of authorizations. ^ (8) The notification required by section 1512 of the Depart: ment of Defense Authorization Act, 1985 (98 Stat. 2627), relating
 * JOI

''I to the use of funds for the B-IB bomber aircraft program • beyond 100 aircraft. (9) The reports required by section 1536(g) of such Act (98 Stat. 2633; 46 U.S.C. 1120 note), relating to the Commission on 46 USC app. 1120 Merchant Marine and Defense. note, (m) PUBLIC LAW 99-145.—The exception provided in subsection (d)(3) applies to the following: « (1) Reports required by section 106(a)(2) of the Department of Defense Authorization Act, 1986 (99 Stat. 596), relating to

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 100 STAT. 1072

PUBLIC LAW 99-433—OCT. 1, 1986

government-to-government agreements for acquisition in connection with certain NATO cooperative programs. (2) The certification required by section 125(a)(1) of the Department of Defense Authorization Act, 1986 (99 Stat. 601), relating to any new contract for the procurement of 5-ton trucks. (3) The legislative environmental impact statement required
 * ^'m by section 209(c) of such Act (99 Stat. 610), relating to full-scale

development of a small intercontinental ballistic missile or the selection of basing areas for the deployment of such missile. (4) The certification required by section 222 of such Act (99 10 USC 139 note. Stat. 613), relating to termination of a prohibition of deployment of a strategic defense system. (5) The reports required by section 223 of such Act (99 Stat. 613), relating to the Strategic Defense Initiative. ^ ^,., (6) The quarterly reports required by section 502(c) of such - •' •.'^^.;:i p^f,^ (99 g^^^ g21), relating to the obligation of funds appropriated for civilian personnel. Union of Soviet (7) The report required by section 1002 of such Act (99 Stat. Socialist 705) relating to Soviet compliance with arms control commitRepublics. 22 USC 2592a

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(8) The annual report required by section 1221(d)(2) of such Act (99 Stat. 727), relating to a research program to support the . — polygraph activities of the Department of Defense. (9) The annual reports required by section 1407 of such Act 10 USC 133 note. (99 Stat. 745), relating to unobligated balances in appropriation accounts. (10)(A) The certifications required by subsections (b) and (c)(2) of section 1411 of such Act (99 Stat. 745), relating to the procurement or assembly of binary chemical weapons. (B) The report required by subsection (e) of such section, relating to consultations among member nations of the North Atlantic Treaty Organization concerning the chemical deterrent posture of the North Atlantic Treaty Organization. (11) The annual report required by section 1412(g) of the 50 USC 1521. Department of Defense Authorization Act, 1986 (99 Stat. 748), ' • relating to the program for the destruction of the United States stockpile of lethal chemical agents and munitions, (n) PUBLIC LAW 98-473.—The exception provided in subsection (d)(3) applies to the following: (1) The notifications required by the proviso in section 8005(m) of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98-473 (98 Stat. 1923)), relating to unusual cost overruns incident to overhaul, maintenance, and repair for certain ships. (2) The annual report required by section 8104(b) of such Act 10 USC 139 note. (98 Stat. 1942), relating to consultations with members of common defense alliances concerning Strategic Defense Initiative research, (o) PUBLIC LAW 99-190.—The exception provided in subsection (d)(3) applies to the following: (1) The notifications required by section 8020 or 8021 of the Department of Defense Appropriations Act, 1986 (as contained ,, in section 101(b) of Public Law 99-190 (99 Stat. 1206)), relating to transfers of working capital funds. ,,

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1073

(2) The notifications required by section 8021 of such Act (99 Stat. 1206), relating to the obligation of working capital funds to procure war reserve material inventory. (3) The notifications required by section 8042 of such Act (99 Stat. 1210), relating to the availability of appropriated funds for intelligence or special activities different from activities justified to the Congress. (4) The notification required by section 8075 of such Act (99 Stat. 1214), relating to the acquisition of certain types of weapons, subsystems, and munitions of European North Atlantic Treaty Organization manufacture. 1 (5) The certification required by section 8097 of such Act (99 Stat. 1219), relating to the obligation or expenditure of funds to lo USC 139 note. carry out a test of the Space Defense System (anti-satellite weapon) against an object in space. (p) MiuTARY CONSTRUCTION AUTHORIZATION ACTS.—(1) The exception provided in subsection (d)(3) applies to the annual reports required by section 704 of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1377), relating to contracts for construction in the United States and its possessions. (2) The exception provided in subsection (d)(3) applies to the following: (A) The economic analyses required by section 802(d)(1) of the I Military Construction Authorization Act, 1984 (10 U.S.C. 2821 note), relating to proposed military housing rental guarantee fc agreements. p (B) The notifications required by section 803(b)(2) of such Act (10 U.S.C. 2821 note), relating to waivers of a requirement to use 7 manufactured or factory-built housing fabricated in the United B States by a United States contractor for military family housing 9 construction in foreign countries. (3) The exception provided in subsection (d)(3) applies to the report South Carolina. required by section 840(d) of the Military Construction Authorization Act, 1986 (Public Law 99-167; 99 Stat. 998), relating to the sale of land at Fort Jackson, South Carolina. (q) MiuTARY CONSTRUCTION APPROPRIATION ACTS.—The exception

provided in subsection (d)(3) applies to the following: (1) The annual report required by the third proviso in the undesignated paragraph under the heading "FOREIGN CURRENCY FLUCTUATION, CONSTRUCTION, DEFENSE" in the Military

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Construction Appropriation Act, 1980 (Public Law 96-130; 93 Stat. 1019), relating to transfers of appropriated funds to elimi- 31 USC 628-3. nate losses in military construction or expenses of family housi ing caused by fluctuations in foreign currency exchange rates of i foreign countries. (2) The reports required by section 125(a) of the Military Construction Appropriations Act, 1985 (as contained in section

101(e) of Public Law 98-473; 98 Stat. 1883), relating to termi' nations of a prohibition on the availability of appropriated military construction funds to foreign governments ineligible to receive such funds by reason of inadequate drug control measures. ii (j.) The report required by section 1436(a) of title 38, United States Code, relating to the New GI-Bill Educational Assistance Program under chapter 30 of such title. 38 USC 1401 et is) INSPECTOR GENERAL ACT OF 1978.—The exception provided in seq. subsection (d)(3) applies to the following:

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 100 STAT. 1074

PUBLIC LAW 99-433—OCT. 1, 1986

SUSC app.

(1) The semiannual report required by section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App. 3), relating to activities of the Inspector General of the Department of Defense. (2) The reports required by section 5(d) of such Act (5 U.S.C. App. 3), relating to particular cases of problems, abuses, or ^,^j deficiencies which have come to the attention of the Inspector General of the Department of Defense. (3) The statements required by paragraphs (3) and (4) of 5 USC app. section 8(b) of such Act (5 U.S.C. App. 3), relating to the exercise ,» of certain authority of the Secretary of Defense with respect to ^.^ f ^^® activities of the Inspector General of the Department of ®'''"' '•' ' "'"' ••' Defense. (t) INTELLIGENCE COMMUNITY PROVISIONS.—The exception provided in subsection (d)(3) applies to the following: (1) The requirement to furnish information and to report to Congress concerning intelligence activities as provided in title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.). (2) Reports and information required to be furnished under s/i t the following provisions of law: (A) Section 1601(e) of title 10, United States Code, relating 0, to the Defense Intelligence Senior Executive Service. (B) Section 1604(e) of such title, relating to termination of certain Defense Intelligence Agency personnel. (C) Section 1605 of such title, relating to benefits and tr#;^ allowances for certain Defense Intelligence Agency civilian personnel. (3) Reports and information required to be furnished under section 431 of title 37, United States Code, relating to benefits and allowances for certain military personnel assigned to the .xru\:n3i:jjj.v Defense Intelligence Agency. (u) ADDITIONAL MISCELLANEOUS EXCEPTIONS.—The exception provided in subsection (d)(3) applies to the following: (1) The reports required by section 673(d) of title 10, United ^"•^•^ States Code, relating to the necessity for units of the Ready ^., Reserve being ordered to active duty. ' ' (2) The reports required by section 673b(f) of such title, relating to necessity of ordering units or members of the Selected Reserve to active duty. (3) The reports required under section 836(b) (article 360t>)) of s~m.i^'WJ IS such title, relating to rules and regulations prescribed by the President under such section. (4) The reports required by section 867(g)(1) (article 69(g)(1) of ,-r such title, relating to the operation of the Uniform Code of Military Justice. (5) The reports required by subsections (a) and (h) of section 1008 and subsections (e) and (f) of section 1009 of title 37, United States Code, relating to military compensation. SEC. 603. ANNUAL REPORT ON NATIONAL SECURITY STRATEGY

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(a) ANNUAL PRESIDENTIAL REPORT.—(1) Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:

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100 STAT. 1075

"ANNUAL NATIONAL SECURITY STRATEGY REPORT

"SEC. 104. (a)(1) The President shall transmit to Congress each 50 USC 404a. year a comprehensive report on the national security strategy of the United States (hereinafter in this section referred to as a 'national security strategy report'). "(2) The national security strategy report for any year shall be transmitted on the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31, United States Code. "(b) Each national security strategy report shall set forth the national security strategy of the United States and shall include a comprehensive description and discussion of the following: i/ "(1) The worldwide interests, goals, and objectives of the United States that are vital to the national security of the United States. "(2) The foreign policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States. "(3) The proposed short-term and long-term uses of the political, economic, military, and other elements of the national f ^ power of the United States to protect or promote the interests '? and achieve the goals and objectives referred to in paragraph (1). "(4) The adequacy of the capabilities of the United States to carry out the national security strategy of the United States, including an evaluation of the balance among the capabilities of all elements of the national power of the United States to support the implementation of the national security strategy. "(5) Such other information as may be necessary to help inform Congress on matters relating to the national security strategy of the United States. "(c) Each national security strategy report shall be transmitted in Classified both a classified and an unclassified form.". information. (2) The table of contents in the first section of such Act is amended by inserting after the item relating to section 103 the following new item: "Sec. 104. Annual national security strategy report.". Ob) REVISION OF ANNUAL SECRETARY OF DEFENSE REPORT.—Subsec-

tion (e) of section 113 (as redesignated by section 101(a) of this Act) is Ante, pp. 996, amended to read as follows: ^^^2. "(e)(1) The Secretary shall include in his annual report to Congress under subsection (c)— "(A) a description of the major military missions and of the military force structure of the United States for the next fiscal year; "(B) an explanation of the relationship of those military missions to that force structure; and "(C) the justification for those military missions and that force structure. "(2) In preparing the matter referred to in paragraph (1), the Secretary shall take into consideration the content of the annual national security strategy report of the President under section 104 of the National Security Act of 1947 for the fiscal year concerned.". Supra.

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 100 STAT. 1075a 10 USC 111 note.

PUBLIC LAW 99-433—OCT. 1, 1986

SEC. 604. LEGISLATION TO MAKE REQUIRED CONFORMING CHANGES IN LAW

Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a draft of legislation to make any technical and conforming changes to title 10, United States Code, and other provisions of law that are required or should be made by reason of the amendments made by this Act. SEC. 605. GENERAL TECHNICAL AMENDMENTS

(a) The tables of chapters at the beginning of subtitle A, and at the beginning of part I of such subtitle, are amended by striking out the items relating to chapters 3 through 8 and inserting in lieu thereof the following: "2. Department of Defense "3. General Powers and Functions "4. Office of the Secretary of Defense "5. Joint Chiefs of Staff "6. Combatant Commands "7. Boards, Councils, and Committees "8. Defense Agencies and Department of Defense Field Activities

Ill 121 131 151 161 171 191".

(b) The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of such subtitle, are amended by inserting after the item relating to chapter 143 the following new item: "144. Oversight of Cost Growth in Major Programs

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Approved October 1, 1986.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1113

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1075b

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LEGISLATIVE HISTORY—H.R. 3622 (S. 2295) (H.R. 4370): HOUSE REPORTS: No. 99-375 and No. 99-700 accompanying H.R. 4370 (both from Comm. on Armed Services) and No. 99-824 (Comm. of Conference). SENATE REPORTS: No. 99-280 accompanying S. 2295 (Comm. on Armed Services). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 20, considered and passed House. Vol. 132 (1986): May 7, considered and passed Senate, amended, in lieu of S. 2295. i Aug. 11, House concurred in Senate amendments with amendments. Sept. 16, Senate agreed to conference report. Sept. 17, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 1, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1114

 100 STAT. 1076

PUBLIC LAW 99-434—OCT. 1, 1986

Public Law 99-434 99th Congress Joint Resolution ——'[H.J. Res. 743]

Making continuing appropriations for the fiscal year 1987, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1987, and for other purposes, namely: SEC. 101. (a)(l) Such amounts as may be necessary are hereby appropriated for programs, projects, or activities, not otherwise specifically provided for in this joint resolution, for which appropriations, funds, or other authority would be available in the following appropriation Acts: District of Columbia Appropriations Act, 1987, H.R. 5175 as passed by the House on July 24, 1986 and as passed by the Senate on September 16, 1986; Department of the Interior and Related Agencies Appropriations Act, 1987, H.R. 5234 as passed by the House on July 31, 1986 and as passed by the Senate on September 16, 1986; Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1987, H.R. 5233 as passed by the House on July 31, 1986 and as passed by the Senate on September 10, 1986; Military Construction Appropriations Act, 1987, H.R. 5052 as passed by the House on June 25, 1986 and as passed by the Senate on August 13, 1986; and Department of Transportation and Related Agencies Appropriations Act, 1987, H.R. 5205 as passed by the House on July 30, 1986 and as passed by the Senate on September 17, 1986. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House is different from that which would be available or granted under such Act as passed by the Senate, the pertinent program, project, or activity shall be continued under the lesser amount or the more restrictive authority: Provided, That where an item is included in only one version of an Act as passed by both Houses as of October 1, 1986, the pertinent program, project, or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriation Acts for the fiscal year 1986. .:

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 PUBLIC LAW 99-434—OCT. 1, 1986

100 STAT. 1077

(4) No provision which is included in an appropriations Act enumerated in this subsection but which was not included in the applicable appropriations Act of 1986, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in the joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate. (5) No appropriation or fund made available or authority granted pursuant to this subsection shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1986. (6) Whenever a conference report and joint explanatory statement of the committee of conference on any appropriations bill listed in this subsection is filed in the House, such amounts as may be necessary are hereby appropriated and shall become available in lieu of the rates specified in this subsection at a rate of operations for activities and under the terms and conditions provided for in such conference report and accompanying joint explanatory statement of the committee of conference. (b)(1) Such amounts as may be necessary are hereby appropriated for programs, projects, or activities, not otherwise specifically provided for in this joint resolution, for which appropriations, funds, or other authority would be available in the following appropriations Acts: Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987, H.R. 5177 as passed by the House on ^ July 24, 1986; Departments of Commerce, Justice, and State, the Judiciary, ^' and Related Agencies Appropriations Act, 1987, H.R. 5161 as • ^ passed by the House on July 17, 1986; Department of Defense Appropriations Act, 1987, H.R. 5438 as provided for in section 101(c) of H.J. Res. 738 which passed the House on September 25, 1986, and such Act shall be deemed ''I to have passed the House for purposes of this joint resolution; '• Energy and Water Development Appropriations Act, 1987, ''' H.R. 5162 as passed by the House on July 23, 1986; Foreign Assistance and Related Programs Appropriations Act, 1987, H.R. 5339 as provided for in section 101(f) of H.J. Res. 738 which passed the House on September 25, 1986, and such Act shall be deemed to have passed the House for purposes of this joint resolution; Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1987, H.R. 5313 as passed by the House on September 12, 1986; and Treasury, Postal Service, and General Government Appropriations Act, 1987, H.R. 5294 as passed by the House on August 6, 1986. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act. (3) Whenever an Act listed in this subsection has been passed by only the House as of October 1, 1986, the pertinent program, project, or activity shall be continued under the appropriation, fund, or authority granted by the House, at a rate for operations not exceeding the current rate or the rate permitted by the action of the House

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1116

 100 STAT. 1078

PUBLIC LAW 99-434—OCT. 1, 1986

whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1986. (4) No appropriation or fund made available or authority granted pursuant to this subsection shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1986. (c) Such amounts as may be necessary are hereby appropriated for programs, projects, or activities provided for in H.R. 5203, the Legislative Branch Appropriations Act, 1987, to the extent and in the manner provided for in the conference report and joint explanatory statement of the committee of conference (House Report 99-805) as filed in the House of Representatives on August 15, 1986, as if enacted into law. (d) Such amounts as may be necessary for continuing the following activities, not otherwise provided for in this joint resolution, which were conducted in the fiscal year 1986, under the terms and conditions provided in applicable appropriations Acts for the fiscal year 1986, at the current rate or as otherwise provided herein: Provided, That no appropriation or fund made available or authority granted pursuant to this subsection shall be used to initiate or resume any project or activity for which appropriations, funds, or authority were not available during fiscal year 1986 unless otherwise provided for herein: Refugee and entrant assistance activities authorized by title 8 USC 1521. IV of the Immigration and Nationality Act, part B of title III of 94 Stat 109. the Refugee Act of 1980, and section 501 of the Refugee Edu8 Ubc 1522 note. caXxon Assistance Act of 1980 except that no activity authorized by such Acts shall be funded beyond September 30, 1987; and 42 USC 9801 Activities authorized by the Follow Through Act. note. SEC. 102. Unless otherwise provided for in this joint resolution or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from October 1, 1986, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) October 8, 1986, whichever first occurs. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 104. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 105. No provision in any appropriations Act for the fiscal year 1987 referred to in section 101 of this joint resolution that makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 102(c) of this joint resolution.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1117

 PUBLIC LAW 99-434—OCT. 1, 1986

100 STAT. 1079

SEC. 106. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds. Approved October 1, 1986.

LEGISLATIVE HISTORY—H.J. Res. 743: CONGRESSIONAL RECORD, Vol 132 (1986): Sept. 30, considered and passed House and Senate.

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 100 STAT. 1080

PUBLIC LAW 99-435—OCT. 2, 1986

Public Law 99-435 99th Congress An Act Oct. 2, 1986 [S. 2703] Air Carrier Access Act of 1986. 49 USC app. 1301 note. 49 USC app. 1374.

To amend the Federal Aviation Act of 1958 to provide that prohibitions of discrimina tion against handicapped individueds shall apply to air carriers.

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 "Air Carrier Access Act of 1986". SEC. 2. (a) Section 404 of the Federal Aviation Act of 1958 (49 U.S.C. 1374) is amended by adding at the end thereof the following new subsection: " P R O H I B I T I O N O N D I S C R I M I N A T I O N AGAINST HANDICAPPED INDIVIDUALS

"(c)(1) No air carrier may discriminate against any otherwise qualified handicapped individual, by reason of such handicap, in the provision of air transportation. "(2) For the purposes of paragraph (1) of this subsection the term 'handicapped individual' means any individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.". (b) That portion of the table of contents of the Federal Aviation Act of 1958 which appears under the side heading "SEC. 404. Rates for carriage of persons and property."

is amended by adding at the end thereof: "(c) Prohibition on discrimination against handicapped individuals.". Regulations. 49 USC app. 1374 note.

SEC. 3. Within one hundred and twenty days after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations to ensure non-discriminatory treatment of qualified handicapped individuals consistent with safe carriage of all passengers on air carriers. Approved October 2, 1986.

LEGISLATIVE HISTORY—S. 2703: SENATE REPORTS: No. 99-400 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and passed Senate. ,. ^<, r Sept. 18, considered and passed House. „

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1119

 PUBLIC LAW 99-436—OCT. 2, 1986

100 STAT. 1081

Public Law 99-436 99th Congress Joint Resolution To designate November 15, 1986, as "National Philanthropy Day".

Whereas there are more than eight hundred thousand nonprofit philanthropic organizations in the United States, employing more than ten million individuals, including approximately four million five hundred thousand volunteers; Whereas contributions by people of the United States to support such organizations amounted to approximately $70,000,000,000 in 1984; Whereas philanthropic organizations are largely responsible for enhancing the quality of life for Americans and other people throughout the world; Whereas our Nation owes a great debt to the schools, churches, museums, art and music centers, youth groups, hospitals, research institutions, and other institutions and organizations which aid and comfort the elderly, the disadvantaged, and the sick; and Whereas the people of the United States should demonstrate their gratitude and support for philanthropic organizations and the efforts, skills, and resources of individuals who carry out their missions: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That November 15, 1986, is designated as "National Philanthropy Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved October 2, 1986.

LEGISLATIVE HISTORY—S.J. Res. 207: CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 25, considered and passed Senate. Vol. 132 (1986): June 11, considered and passed House, amended. Sept. 18, Senate concurred in House amendments.

Oct. 2, 1986 [S.J. Res. 207]

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 100 STAT. 1082

PUBLIC LAW 99-437—OCT. 2, 1986

Public Law 99-437 99th Congress Joint Resolution Oct. 2, 1986 r S J Res 2631

'^^ designate September 1986 as "National Independent Retail Grocer Month".

Whereas the independent retailer has served the American consumer for over two hundred years; Whereas independent retail grocers account for 64 per centum of all grocery stores in the United States and are responsible for nearly one-half of the grocery product distributed; Whereas the independent retail grocer exemplifies the small business entrepreneur, the backbone of the American free enterprise system; and Whereas the independent retail grocer offers a wide array of services to the community where the grocer lives and does business: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That September 1986 be proclaimed as "National Independent Retail Grocer Month". Approved October 2, 1986.

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LEGISLATIVE HISTORY—S.J. Res. 263: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 21, considered and passed Senate. Sept. 18, considered and passed House, amended. Sept. 29, Senate concurred in House amendments.

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 PUBLIC LAW 99-438—OCT. 2, 1986

100 STAT. 1083

Public Law 99-438 99th Congress Joint Resolution Designating July 2 and 3, 1987, as the "United States-Canada Days of Peace and Friendship".

Whereas, since the War of 1812, the people of the United States and Canada have peacefully shared and extended the longest border in the world; Whereas more cultural and economic exchanges are made between the United States and Canada than any other two countries; Whereas the United States and Canada have welcomed immigrants from all nations ever5^where, resulting in rich and similar cultures in each country; Whereas the United States and Canada share common ideals and institutions, including freedom, democracy, human rights, justice under law, and an ardent desire for a peaceful world; Whereas the United States and Canada have been allies against tyranny in two World Wars; Whereas the United States and Canada have confronted differences between the two countries with diplomacy and goodwill; Whereas the United States and Canada are rich in resources and, together, represent an ever-more-powerful prospect for world economic progress; Whereas the United States and Canada demonstrate the dynamism of democracy and, together, contribute to establishing lasting peace in the world; Whereas a similar resolution commemorating continued peace and friendship between the United States and Canada has been proposed in the Canadian Parliament; Whereas in Canada July 1 is Canada Day; Whereas in the United States July 4 is Independence Day; and Whereas the days between Canada Day and Independence Day are appropriate annual days on which to commemorate the friendship between the United States and Canada: Now, therefore, be it

Oct. 2, 1986 [S.J. Res. 402]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1122

 100 STAT. 1084

PUBLIC LAW 99-438—OCT. 2, 1986

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That July 2 and 3, 1987, are designated as "United States-Canada Days of Peace and Friendship", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such days with appropriate ceremonies and activities. Approved October 2, 1986.

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LEGISLATIVE HISTORY—S.J. Res. 402: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 12, considered and passed Senate. Sept. 18, considered and passed House.

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Page:Amazing Stories Volume 01 Number 01.djvu/40

38 to regard the coming of the child as the appearance of an angel; and, incredible as it may seem, more than one of them wondered whether she had wings, and amongst themselves they commonly referred to her as "the little Madonna."

Soon out of sight of Madalena, the Dobryna for some hours held a southeasterly course along the shore, which here was fifty leagues in advance of the former coast-line of Italy, demonstrating that a new continent must have been formed, substituted as it were for the old peninsula, of which not a vestige could be identified. At a latitude corresponding with the latitude of Rome, the sea took the form of a deep gulf, extending back far beyond the site of the Eternal City; the coast making a wide sweep round to the former position of Calabria, and jutting far beyond the outline of "the boot," which Italy resembles. But the beacon of Messina was not to be discerned; no trace, indeed, survived of any portion of Sicily; the very peak of Etna, 11,000 feet as it had reared itself above the level of the sea, had vanished utterly.

Another sixty leagues to the south, and the Dobryna sighted the entrance of the strait which had afforded her so providential a refuge from the tempest, and had conducted her to the fragmentary relic of Gibraltar. Hence to the Gulf of Cabes had been already explored, and as it was universally allowed that it was unnecessary to renew the search in that direction, the lieutenant started off in a transverse course, towards a point hitherto uninvestigated. That point was reached on the 3rd of March, and thence the coast was continuously followed, as it led through what had been Tunis, across the province of Constantine, away to the oasis of Ziban; where, taking a sharp turn, it first reached a latitude of 32° N. and then returned again, thus forming a sort of irregular gulf, enclosed by the same unvarying border of mineral concrete. This colossal boundary then stretched away for nearly 150 leagues over the Sahara desert, and, extending to the south of Gourbi Island, occupied what, if Morocco had still existed, would have been its natural frontier.

Adapting her course to these deviations of the coastline, the Dobryna was steering northwards, and had barely reached the limit of the bay, when the attention of all on board was arrested by the phenomenon of a volcano, at least 3,000 feet high, its crater crowned with smoke, which occasionally was streaked by tongues of flame.

"A burning mountain!" they exclaimed.

"Gallia, then, has some internal heat," said Servadac.

"And why not, captain?" rejoined the lieutenant. "If our asteroid has carried with it a portion of the old earth's atmosphere, why should it not likewise retain something of its central fire?"

"Ah, well!" said the captain, shrugging his shoulders, "I dare say there is caloric enough in our little world to supply the wants of its population."

Count Timascheff interrupted the silence that followed this conversation by saying, "And now, gentlemen, as our course has brought us on our way once more towards Gibraltar, what do you say to our renewing our acquaintance with the Englishmen? They will be interested in the result of our voyage."

"For my part," said Servadac, "I have no desire that way. They know where to find Gourbi Island; they can betake themselves thither just when they please. They have plenty of provisions. If the water freezes, 120 leagues is no very great distance. The reception they gave us was not so cordial that we need put ourselves out of the way to repeat our visit."

"What you say is too true," replied the count. "I hope we shall show them better manners when they condescend to visit us."

"Ay," said Servadac, "we must remember that we are all one people now; no longer Russian, French, or English. Nationality is extinct."

"I am sadly afraid, however," continued the count, "that an Englishman will be an Englishman ever."

"Yes," said the captain, "that is always their failing."

And thus all further thought of making their way again to the little garrison of Gibraltar was abandoned.

But even if their spirit of courtesy had disposed them to renew their acquaintance with the British officers, there were two circumstances that just then would have rendered such a proposal very inadvisable. In the first place, Lieutenant Procope was convinced that it could not be much longer now before the sea would be entirely frozen; and, besides this, the consumption of their coal, through the speed they had maintained, had been so great that there was only too much reason to fear that fuel would fail them. Anyhow, the strictest economy was necessary, and it was accordingly resolved that the voyage should not be much prolonged. Beyond the volcanic peak, moreover, the waters seemed to expand into a boundless ocean, and it might be a thing full of risk to be frozen up while the yacht was so inadequately provisioned. Taking all these things into account, it was agreed that further investigations should be deferred to a more favorable season, and that, without delay, the Dobryna should return to Gourbi Island.

This decision was especially welcome to Hector Servadac, who, throughout the whole of the last five weeks, had been agitated by much anxious thought on account of the faithful servant he had left behind.

The transit from the volcano to the island was not long, and was marked by only one noticeable incident. This was the finding of a second mysterious document, in character precisely similar to what they had found before. The writer of it was evidently engaged upon a calculation, probably continued from day to day, as to the motions of the planet Gallia upon its orbit, and committing the results of his reckonings to the waves as the channel of communication.

Instead of being enclosed in a telescope-case, it was this time secured in a preserved-meat tin, hermetically sealed, and stamped with the same initials on the wax that fastened it. The greatest care was used in opening it, and it was found to contain the following message:


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Page:United States Statutes at Large Volume 100 Part 1.djvu/1123

 PUBLIC LAW 99-439—OCT. 2, 1986

100 STAT. 1085

Public Law 99-439 99th Congress An Act r,.. ,, . . r, Relating to telephone services for Senators.

Oct. 2, 1986 [S. 2759]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1205(a) of the Supplemental Appropriations Act, 1984 (2 U.S.C. 58a) is amended by striking out "(except services for which the charge is based on the amount of time the service is used)". Approved October 2, 1986.

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LEGISLATIVE HISTORY—S. 2759: SENATE REPORTS: No. 99-404 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and passed Senate. Sept. 18, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1124

 PUBLIC LAW 99-440—OCT. 2, 1986

100 STAT. 1086

Public Law 99-440 99th Congress Oct. 2, 1986 [H.R. 4868] Comprehensive Anti-Apartheid Act of 1986. Human rights. Terrorism. 22 USC 5001 note.

An Act

To prohibit loans to, other investments in, and certain other activities with respect to. South Africa, and for other purposes

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

1. This Act may be cited as the "Comprehensive AntiApartheid Act of 1986". SECTION

TABLE OF CONTENTS

SEC. 2. The table of contents of this Act is as follows: Sec. Sec. Sec. Sec.

1. 2. 3. 4.

Short title. Table of contents. Definitions. Purpose.

TITLE I—POLICY OF THE UNITED STATES WITH RESPECT TO ENDING APARTHEID Sec. 101. Policy toward the Government of South Africa. Sec. 102. Policy toward the African National Congress, etc. Sec. 103. Policy toward the victims of apartheid. Sec. 104. Policy toward other countries in Southern Africa. Sec. 105. Policy toward "frontline" states. Sec. 106. Policy toward a negotiated settlement. Sec. 107. Policy toward international cooperation on measures to end apartheid. Sec. 108. Policy toward necklacing. Sec. 109. United States Ambassador to meet with Nelson Mandela. Sec. 110. Policy toward the recruitment and training of black South Africans by United States employers. Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206.

Sec. Sec. Sec. Sec. Sec.

207. 208. 209. 210. 211.

Sec. 212.

Sec. Sec. Sec. Sec.

TITLE II—MEASURES TO ASSIST VICTIMS OF APARTHEID Scholarships for the victims of apartheid. Human rights fund. Expanding participation in the South African economy. Export-Import Bank of the United States. Labor practices of the United States Government in South Africa. Welfare and protection of the victims of apartheid employed by the United States. Employment practices of United States nationals in South Africa. Code of Conduct. Prohibition on assistance. Use of the African Emergency Reserve. Prohibition on assistance to any person or group engaging in "necklacing". Participation of South Africa in agricultural export credit and promotion programs.

TITLE III—MEASURES BY THE UNITED STATES TO UNDERMINE APARTHEID 301. Prohibition on the importation of krugerrands. 302. Prohibition on the importation of military articles. 303. Prohibition on the importation of products from parastatal organizations. 304. Prohibition on computer exports to South Africa.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1125

 PUBLIC LAW 99-440—OCT. 2, 1986 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

305. 306. 307. 308. 309. 310. 311. 312. 313. 314. 315. 316.

Sec. 317. Sec. 318. Sec. 319. Sec. Sec. Sec. Sec.

320. 321. 322. 323.

100 STAT. 1087

Prohibition on loans to the Government of South Africa. Prohibition on air transportation with South Africa. Prohibitions on nuclear trade with South Africa. Government of South Africa bank accounts. Prohibition on importation of uranium and coal from South Africa. Prohibition on new investment in South Africa. Termination of certain provisions. Policy toward violence or terrorism. Termination of tax treaty and protocol. Prohibition on United States Government procurement from South Africa. Prohibition on the promotion of United States tourism in South Africa. Prohibition on United States Government assistance to, investment in, or subsidy for trade with. South Africa. Prohibition on sale or export of items on Munition List. Munitions list sales, notification. Prohibition on importation of South African agricultural products and food. Prohibition on importation of iron and steel. Prohibition on exports of crude oil and petroleum products. Prohibition on cooperation with the armed forces of South Africa. Prohibition on sugar imports.

TITLE IV—MULTILATERAL MEASURES TO UNDERMINE APARTHEID Sec. 401. Negotiating authority. Sec. 402. Limitation on imports from other countries. Sec. 403. Private right of action. Sec. Sec. Sec. Sec. Sec. Sec.

501. 502. 503. 504. 505. 506.

Sec. 507. Sec. 508.

TITLE V—FUTURE POLICY TOWARD SOUTH AFRICA Additional measures. Lifting of prohibitions. Study of health conditions in the "homelands" areas of South Africa. Reports on South African imports. Study and report on the economy of southern Africa. Report on relations between other industrialized democracies and South Africa. Study and report on deposit accounts of South African nationals in United States banks. Study and report on the violation of the international embargo on sale and export of military articles to South Africa. Report on Communist activities in South Africa. Prohibition on the importation of Soviet gold coins. Economic support for disadvantaged South Africans. Report on the African National Congress.

Sec. Sec. Sec. Sec.

509. 510. 511. 512.

Sec. Sec. Sec. Sec. Sec. Sec.

TITLE VI—ENFORCEMENT AND ADMINISTRATIVE PROVISIONS 601. Regulatory authority. 602. Congressional priority procedures. 603. Enforcement and penalties. 604. Applicability to evasions of Act. 605. Construction of Act. 606. State or local anti-apartheid laws, enforce. DEFINITIONS

• SEC. 3. As used in this Act— 22 USC 5001. (1) the term "Code of Conduct" refers to the principles set forth in section 208(a); ' (2) the term "controlled South African entity" means— (A) a corporation, partnership, or other business association or entity organized in South Africa and owned or controlled, directly or indirectly, by a national of the United States; or (B) a branch, office, agency, or sole proprietorship in South Africa of a national of the United States; (3) the term "loan"— (A) means any transfer or extension of funds or credit on the basis of an obligation to repay, or any assumption or

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1126

 100 STAT. 1088

PUBLIC LAW 99-440—OCT. 2, 1986

guarantee of the obligation of another to repay an extension of funds or credit, including— (i) overdrafts, (ii) currency swaps, (iii) the purchase of debt or equity securities issued by the Government of South Africa or a South African entity on or after the date of enactment of this Act, (iv) the purchase of a loan made by another person, (v) the sale of financial assets subject to an agreement to repurchase, and (vi) a renewal or refinancing whereby funds or credits are transferred or extended to the Government of South Africa or a South African entity, and (B) does not include— (i) normal short-term trade financing, as by letters of credit or similar trade credits; (ii) sales on open account in cases where such sales ^' are normal business practice; or (iii) rescheduling of existing loans, if no new funds or credits are thereby extended to a South African entity or the Government of South Africa; (4) the term "new investment"— (A) means— (i) a commitment or contribution of funds or other assets, and (ii) a loan or other extension of credit, and (B) does not include— (i) the reinvestment of profits generated by a controlled South African entity into that same controlled South African entity or the investment of such profits in a South African entity; (ii) contributions of money or other assets where such contributions are necessary to enable a controlled South African entity to operate in an economically sound manner, without expanding its operations; or (iii) the ownership or control of a share or interest in a South African entity or a controlled South African entity or a debt or equity security issued by the Government of South Africa or a South African entity before the date of enactment of this Act, or the transfer or acquisition of such a share, interest, or debt or equity security, if any such transfer or acquisition does not result in a payment, contribution of funds or assets, or credit to a South African entity, a controlled South African entity, or the Government of South Africa; (5) the term "national of the United States" means— (A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States or is an alien lawfully admitted for permanent residence in the United States, as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); or (B) a corporation, partnership, or other business association which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia; (6) the term "South Africa" includes— „„,, (A) the Republic of South Africa;,f.,. i.,uF ' J

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1127

 PUBLIC LAW 99-440—OCT. 2, 1986

100 STAT. 1089

(B) any territory under the Administration, legal or illegal, of South Africa; and (C) the "bantustans" or "homelands", to which South African blacks are assigned on the basis of ethnic origin, including the Transkei, Bophuthatswana Ciskei, and Venda; and (7) the term "South African entity" means— p (A) a corporation, partnership, or other business association or entity organized in South Africa; or (B) a branch, office, agency, or sole proprietorship in South Africa of a person that resides or is organized outside South Africa; and (8) the term "United States" includes the States of the United '^* States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. PURPOSE

SEC. 4. The purpose of this Act is to set forth a comprehensive and 22 USC 5002. complete framework to guide the efforts of the United States in helping to bring an end to apartheid in South Africa and lead to the establishment of a nonracial, democratic form of government. This Act sets out United States policy toward the Government of South Africa, the victims of apartheid, and the other states in southern Africa. It also provides the President with additional authority to work with the other industrial democracies to help end apartheid and establish democracy in South Africa. TITLE I—POLICY OF THE UNITED STATES WITH RESPECT TO ENDING APARTHEID ^'

POLICY TOWARD THE GOVERNMENT OF SOUTH AFRICA

SEC. 101. (a) United States policy toward the Government of South Africa shall be designed to bring about reforms in that system of government that will lead to the establishment of a nonracial democracy. (b) The United States will work toward this goal by encouraging the Government of South Africa to— (1) repeal the present state of emergency and respect the principle of equal justice under law for citizens of all races; (2) release Nelson Mandela, Govan Mbeki, Walter Sisulu, black trade union leaders, and all political prisoners; (3) permit the free exercise by South Africans of all races of the right to form political parties, express political opinions, and otherwise participate in the political process; (4) establish a timetable for the elimination of apartheid laws; (5) negotiate with representatives of all racial groups in South Africa the future political system in South Africa; and (6) end military and paramilitary activities aimed at neighboring states. (c) The United States will encourage the actions set forth in suljsection (b) through economic, political, and diplomatic measures as set forth in this Act. The United States will adjust its actions toward the Government of South Africa to reflect the progress or lack of progress made by the Government of South Africa in meeting the goal set forth in subsection (a).

22 USC 5011.

Nelson Mandela. Govan Mbeki. Walter Sisulu.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1128

 100 STAT. 1090

PUBLIC LAW 99-440—OCT. 2, 1986 POLICY TOWARD THE AFRICAN NATIONAL CONGRESS, ETC.

Pan African Congress. 22 USC 5012.

SEC. 102 (a) United States policy toward the African National Congress, the Pan African Congress, and their affiliates shall be designed to bring about a suspension of violence that will lead to the start of negotiations designed to bring about a nonracial and genuine democracy in South Africa. (b) The United States shall work toward this goal by encouraging the African National Congress and the Pan African Congress, and their affiliates, to— (1) suspend terrorist activities so that negotiations with the Government of South Africa and other groups representing black South Africans will be possible; (2) make known their commitment to a free and democratic post-apartheid South Africa; (3) agree to enter into negotiations with the South African Government and other groups representing black South Africans for the peaceful solution of the problems of South Africa; (4) reexamine their ties to the South African Communist Party. (c) The United States will encourage the actions set forth in subsection (b) through political and diplomatic measures. The United States will adjust its actions toward the Government of South Africa not only to reflect progress or lack of progress made by the Government of South Africa in meeting the goal set forth in subsection 101(a) but also to reflect progress or lack of progress made by the ANC and other organizations in meeting the goal set forth in subsection (a) of this section. POLICY TOWARD THE VICTIMS OF APARTHEID

22 USC 5013.

SEC. 103. (a) The United States policy toward the victims of apartheid is to use economic, political, diplomatic, and other effective means to achieve the removal of the root cause of their victimization, which is the apartheid system. In anticipation of the removal of the system of apartheid and as a further means of challenging that system, it is the policy of the United States to assist these victims of apartheid as individuals and through organizations to overcome the handicaps imposed on them by the system of apartheid and to help prepare them for their rightful roles as full participants in the political, social, economic, and intellectual life of their country in the post-apartheid South Africa envisioned by this Act. (b) The United States will work toward the purposes of subsection (a)by(1) providing assistance to South African victims of apartheid without discrimination by race, color, sex, religious belief, or political orientation, to take advantage of educational opportunities in South Africa and in the United States to prepare for leadership positions in a post-apartheid South Africa; (2) assisting victims of apartheid; (3) aiding individuals or groups in South Africa whose goals are to aid victims of apartheid or foster nonviolent legal or political challenges to the apartheid laws; (4) furnishing direct financial assistance to those whose nonviolent activities had led to their arrest or detention by the

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