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AUTHORIZATION OF APPROPRIATIONS

SEC. 820. Section 3520 of title 44, United States Code, is amended to read as follows: "§ 3520. Authorization of appropriations "(a) Subject to subsection (b), there are authorized to be appropriated to the Office of Information and Regulatory Affairs to carry out the provisions of this chapter, and for no other purpose, $5,500,000 for each of the fiscal years 1987, 1988, and 1989. "Oo) No funds may be appropriated pursuant to subsection (a) unless such funds are appropriated in an appropriation Act (or continuing resolution) which separately and expressly states the amount appropriated pursuant to subsection (a) of this section. No funds are authorized to be appropriated to the Office of Information and Regulatory Affairs, or to any other officer or administrative unit of the Office of Management and Budget, to carry out the provisions of this chapter, or to carry out any function under this chapter, for any fiscal year pursuant to any provision of law other than subsection (a) of this section. "(c) Funds appropriated pursuant to subsection (a) may not be used to carry out any function or activity which is not specifically authorized or required by this chapter, but funds so appropriated may be used for necessary expenses of a function or activity which is so authorized or required, such as hire of psissenger motor vehicles and services authorized by section 3109 of title 5, United States Code. For the purposes of this subsection, the review of a rule or regulation is specifically authorized or required by this chapter only to the extent that such review is for the sole purpose of reviewing an information collection request contained in, or derived from, such rule or regulation."..

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PART B—AMENDMENTS TO THE BROOKS ACT INFORMATION TECHNOLOGY FUND

SEC. 821. (a)(1) Section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757) is amended to read as follows: "INFORMATION TECHNOLOGY FUND

"SEC. 110. (a)(1) There is established on the books of the Treasury and Information Technology Fund (hereinafter referred to as the 'Fund'), which shall be available without fiscal year limitation. There are authorized to be appropriated to the Fund such sums as may be required. For purposes of subsection (b), the Fund shall consist of— "(A) the capitsJ and assets of the Federal telecommunications fund established under this section (as in effect on December 31, ,. 1986), which are in such fund on January 1, 1987; !^ "(B) the capital and assets which are in the automatic data processing fund established under section 111 of this Act (as in effect on December 31, 1986) which are in such fund on January 1, 1987; and "(C) the supplies and equipment transferred to the Adminis^ trator under sections 111 and 205(f) of this Act, subject to any ' liabilities assumed with respect to such supplies and equipment.

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"(2) The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall submit plans concerning such requirements and such other information as may be requested for the review and approval of the Director of the Office of Management and Budget. Any change to the cost and capital requirements of the Fund for a fiscal year shall be made in the same manner as provided by this section for the initial fiscal year determination. If approved by the Director, the Administrator shall establish rates to be charged agencies provided, or to be provided, information technology resources through the Fund consistent with such approvals. Such cost and capital requirements may include funds— "(A) needed for the purchase (if the Administrator has determined that purchase is the least costly alternative of information processing and transmission equipment, software, systems, and operating facilities necessary for the provision of such services; "(B) resulting from operations of the Fund, including the net - proceeds of disposal of excess or surplus personal property £m.d receipts from carriers and others for loss or damage to property; ' and "(C) which are appropriated, authorized to be transferred, or otherwise made available to the Fund. "(b) The Fund shall— "(1) assume all of the liabilities, obligations, and commitments of the funds described in subparagraphs (A) and (B) of subsection (a)(D; and "(2) be available for expenses, including personal services and other costs, and for procurement (by lease, purchase, transfer, or otherwise) for efficiently providing information technology resources to Federal agencies and for the efficient management, coordination, operation, and utilization of such resources. "(c)(1) In the operation of the Fund, the Administrator is authorized to enter into multiyear contracts for the provision of information technology hardware, software, or services for periods not in excess of five years, if— "(A) funds are available and adequate for payment of the costs of such contract for the first fiscal year and any costs of cancellation or termination; "(B) such contract is awarded on a fully competitive basis; and "(C) the Administrator determines that— "(i) the need for the information technology hardware, software, or services being provided will continue over the period of the contract; "(ii) the use of the multiyear contract will yield substani.;^.,.; tial cost savings when compared with other methods of providing the necessary resources; and "(iii) such a method of contracting will not exclude small business participation. "(2) Any cancellation costs incurred with respect to a contract entered into under this subsection shall be paid from currently available funds in the Fund. "(3) This subsection shall not be construed to limit the authority of the Administrator to procure equipment and services under section 201 of this Act. "(d) Following the close of each fiscal year, the uncommitted balance of any funds remaining in the Fund, after making provision

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for anticipated operating needs as determined by the Office of Management and Budget, shall be transferred to the general fund of the Treasury as miscellaneous receipts. "(e) A report on the operation of the Fund shall be made annually by the Administrator to the Director of the Office of Management and Budget. Such report shall identify any proposed increases to the capital of the Fund and shall include a report on information processing equipment inventory, utilization, and acquisition. "(f) For purposes of this section, the term 'information technology resources' includes any service or equipment which had been acquired or provided under this section or section 111 of this Act, including other information processing and transmission equipment, software, systems, operating facilities, supplies, and services related thereto, and maintenance and repair thereof.". (2) The table of contents of the Federal Property and Administrative Services Act of 1949 is amended by strilang out the item pertaining to section 110 and inserting in lieu thereof the following: "Sec. 110. Information Technology Fund.".

(b)(1) Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is amended— (A) by striking out subsections (c) and (d); and (B) by redesignating subsections (e), (f), (g), (h), and (i) as i subsections (c), (d), (e), (f), and (g), respectively. (2) Section 3504(g) of title 44, United States Code, is amended— 5 (A) by striking out "section 111(f)" in paragraph (1) and ^ inserting in lieu thereof "section 111(d)"; and (B) by striking out "section 111(g)" in paragraph (2) and inserting in lieu thereof "section 111(e)". '^ (3) Section 3(b) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3503 note) is amended by striking out "section 111" and inserting in lieu thereof "sections 110 and 111". ^

APPLICATION OF ACT

SEC. 822. (a) Section 111(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(a)) is amended— (1) by inserting "(1)" after "SEC. 111. (a)"; and (2) by adding at the end thereof the following: "(2)(A) For purposes of this section, the term 'automatic data processing equipment' means any equipment or interconnected system or subsystems of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching interchange, transmission, or reception, of data or information— "(i) by a Federal agency, or "(ii) under a contract with a Federal agency which— -^ "(I) requires the use of such equipment, or .... "(II) requires the performance of a service or the furnishing of a product which is performed or produced making significant use of such equipment. "(B) Such term includes— > "(i) computers; ? "(ii) ancillary equipment; a "(iii) software, firmware, and similar procedures; "(iv) services, including support services; and

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"(v) related resources as defined by regulations issued by the Administrator for General Services. "(3) This section does not apply to— ,i "(A) automatic data processing equipment acquired by a Federal contractor which is incidental to the performance of a Federal contract; "(B) radar, sonar, radio, or television equipment; "(C) the procurement by the Department of Defense of automatic data processing equipment or services if the function, operation, or use of which— "(i) involves intelligence activities; "(ii) involves cr3rptologic activities related to national ^^^, security; "(iii) involves the command and control of military forces; "(iv) involves equipment which is an integral part of a weapon or weapons system; or '\ ' "(v) is critical to the direct fulfillment of military or •^' intelligence missions, provided that this exclusion shall not include automatic data processing equipment used for rou,,. tine administrative and business applications such as payroll, finance, logistics, and personnel management; or "(D) the procurement of automatic data processing equipment or services by the Central Intelligence Agency.. (b) Section 111(b) of such Act is amended by adding at the end thereof the following new paragraph: "(3) If the Administrator finds that a senior official of an agency designated pursuant to section 3506(b) of title 44, United States Code, is sufficiently independent of program responsibility and has sufficient experience, resources, and ability to carry out fairly and effectively procurements under this section, the Administrator may delegate to such official the authority to lease, purchase, or maintain automatic data processing equipment pursuant to paragraph (2) of this subsection, except that any such delegation shall not relieve the Administrator of the responsibilities assigned to the Administrator under this section. A delegation by the Administrator under this subsection shall not preclude the Administrator from reviewing individual procurement requests if the Administrator determines that circumstances warrant such a review. The Administrator shall retain authority to revoke such delegations, both in general and with regard to any specific matter. In acting for the Administrator, any official to whom approval authority has been delegated under this subsection shall comply fully with the rules and regulations promulgated by the Administrator.". REVIEW OF DELEGATION DETERMINATIONS

SEC. 823. Section 111(e) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(e)) (as redesignated by section 821(b)(l) of this Act) is amended— (1) by striking out "specifically affecting them or the auto, matic data processing equipment or components used by them" and inserting in lieu thereof "whether or not the automatic data processing equipment will be provided by the Administrator or whether or not the authority to lease, purchase, or maintain the equipment will be delegated"; and (2) by striking out the last sentence and inserting in lieu thereof the following: "If the Administrator denies an agency

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procurement request such denial shall be subject to review and decision by the Director of the Office of Management and Budget, unless the President otherwise directs. Such review and decision shall be made only on the basis of a written appeal, and such written appeal, together with any written communications to the Administrator or any officer or employee of the Office of Mansigement and Budget concerning such denial shall be made available to the public". BOARD OF CONTRACT APPEALS PROCEEDINGS

SEC. 824. Section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)) (as redesignated by section 821(b)(1) of this Act) is amended— (1) in the first sentence of paragraph (1) thereof, by striking out "in connection with any procurement conducted under the authority of this section" and inserting in lieu thereof "in connection with any procurement which is subject to this section"; (2) in such sentence, by striking out "conducted under delegations" and inserting in lieu thereof "subject to delegation"; and (3) by inserting before the last sentence of such paragraph the following new sentences: "The authority of the board to conduct such review shall include the authority to determine whether any procurement is subject to this section and the authority to review regulations to determine their consistency with applicable statutes. A proceeding, decision, or order of the board pursuant to this subsection shall not be subject to interlocutory appeal or review."; and (4) in paragraph (5) thereof, by adding at the end of subparagraph (A) the following: "The board may consider any decision, determination, opinion, or statement made by the Director of the Office of Management and Budget or any officer of any other Federal agency regarding applicability of this section to a particular procurement, and may request the advice of the Director or such officer with regard to such applicability, but shall not be bound by any such decision, determination, opinion, or statement when determining whether a procurement is subject to this section.". CONFORMING AMENDMENT

SEC. 825. Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is further amended by striking out "Bureau of the Budget" each place it appears and inserting in lieu thereof "Office of Management and Budget". PART C—MISCELLANEOUS PROVISIONS E X T E N S I O N O F AUTHORITY O F GENERAL SERVICES BOARD OF CONTRACT

APPEALS

SEC. 831. Section 2713 of the Deficit Reduction Act of 1984 (98 Stat. 1184) is amended by striking out subsection (b). ^ - ^

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CLARIFICATION OF AUTHORITY OF GENERAL SERVICES ADMINISTRATOR

SEC. 832. Section 101 of Federal Property and Administrative Services Act of 1949 (40 U.S.C. 751) is amended by adding at the end thereof the following: "(f) The Administrator shall have authority to prescribe regulations to carry out this Act.". EFFECTIVE DATE

SEC 833. This title and the amendments made by this title shall take effect on the date of enactment of this Act, except as provided in section 8130t>) and except that the provisions of section 821 and the amendments made by such section shall take effect on January 1, 1987. (n) 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 IV of the Immigration and Nationality Act, part B of title III of the Refugee Act of 1980, and section 501 of the Refugee Education Assistance Act of 1980, except that the amount necessary for continuing such activities at the current rate shall be reduced, on an activity by activity basis, by the total of amounts of prior appropriations remaining available to the States for conducting any such activities, other than education assistance for children and social services, in fiscal year 1987 or thereafter, and shall not be available for conducting any such activities other than education assistance for children and social services in any fiscal year after 1987; ACTIVITIES AUTHORIZED BY THE FOLLOW THROUGH ACT

SEC. 101. Economic Development Administration, notwithstanding any other provision of this Joint Resolution, for additional amounts for "Economic development assistance programs", $1,000,000, to remain available until expended, for a grant to the City of Portland, Oregon, for preliminary engineering, design and other related activities associated with expansion of the Orgeon Museum of Science and Industry; and $1,000,000, to remain available until expended, for a grant to improve the existing County Road in Sumter County, Alabama, from the Mississippi State line to Alabama Highway No. 17 (also known as Scooba Road); and $7,500,000, to remain available until expended, for a grant to continue economic development facilities and related infrastructure activities of the Fort Worth Stockyards Project at full Federal expense: Provided, That in addition, the Secretary of the Army, acting through the Chief of Engineers, using any funds heretofore, herein, and hereafter available to the Corps of Engineers, is authorized and directed to develop at full Federal expense detailed plans and specifications and to

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construct measures in Tarrant County, Texas, to eliminate flood damage in the historical stockyards area along Tony's Creek and Marine Creek. 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 Qy) enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) September 30, 1987, whichever first occurs. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution for any program, 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. 108. (a) AMENDMENTS TO FOOD SECURITY ACT OF 1985.— Effective with respect to each of the 1987 through 1990 crops, section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by(1) striking out paragraphs (1), (2), and (3), and inserting in lieu thereof the following: "(1) For each of the 1987 through 1990 crops, the total amount of deficiency payments (excluding any deficiency payments described in paragraph (2)(B)(I)(iv) of this section) and land diversion payments that a person shall be entitled to receive under one or more of the annual programs established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for wheat, feed grains, upland cotton, extra long staple cotton, and rice may not exceed $50,000. "(2)(A) For each of the 1987 through 1990 crops, the total amount of payments set forth in subparagraph (B) that a person shall be entitled to receive under one or more of the annual programs established under the Agricultural Act of 1949 for wheat, feed grains, upland cotton, extra long staple cotton, rice, honey, and (with respect to clause (iii)(II) of subparagraph (B)) other commodities, when combined with payments for such crop described in paragraph (1), shall not exceed $250,000. "(B) As used in subparagraph (A), the term 'payments' means— "(i) any part of any payment that is determined by the Secretary of Agriculture to represent compensation for resource adjustment (excluding land diversion pa3nnents) or public access ,.; n for recreation; "(ii) any disaster payments under one or more of the annual programs for a commodity established under the Agricultural Act of 1949; "(iiiXD any gain realized by a producer from repaying a loan for a crop of wheat, feed grains, upland cotton, rice, or honey at the rate permitted under section 107D(a)(5), 105C(a)(4), 103A(a)(5), 101A(a)(5), or 201(b)(2), respectively, of the Agricultural Act of 1949, or (II) any gain realized by a producer from repaying a loan for a crop of any other commodity at a lower .., level than the original loan level established under the Agricul. tural Act of 1949;

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IpyA "(iv) any deficiency payment received for a crop of wheat or Urji feed grains under section 107D(c)(l) or 105C(c)(l), respectively, of the Agricultural Act of 1949 as the result of a reduction of the loan level for such crop under section 107D(a)(4) or 105C(a)(3) of such Act; "(v) any loan deficiency payment received for a crop of wheat, feed grains, upland cotton, or rice under section 107D(b), 105C(b), 103A(b), or 101A(b), respectively, of the Agricultural Act of 1949; and "(vi) any inventory reduction payment received for a crop of wheat, feed grains, upland cotton, or rice under section 107D(g), 105C(g), 103A(g), or 101A(g), respectively, of the Agricultural Act of 1949. Such terms shall not include loans or purchases, except as specifically provided for in this paragraph. "(C) The total amount of loans on a crop of honey that a person may have outstanding at any one time under the annual program established for such crop under the Agricultural Act of 1949 may not exceed $250,000 less the amount of payments, as described in paragraph (1) and subparagraphs (A) and (B) of this paragraph, received by such person for the crop year involved. "(3) Notwithstanding the foregoing provisions of this section, if the Secretary of Agriculture determines that any of the limitations provided for in paragraph (2) will result in a substantial increase in the number or dollar amount of loan forfeitures for a crop of a commodity, will substantially reduce the acreage taken out of production under an acreage reduction program for a crop of a commodity, or will cause the market prices for a crop of a commodity to fall substantially below the effective loan rate for the crop, the Secretary shall adjust upward such limitation, under such terms and conditions as the Secretary determines appropriate, as necessary to eliminate such adverse effect on the program involved."; (2) adding at the end of subparagraph (A) of paragraph (5) the a following: "Such regulations shall provide that the term 'person' does not include any cooperative association of producV ers that markets commodities for producers with respect to the • commodities so marketed for producers."; and t (3) in paragraph (6), striking out "lands owned" and inserting in lieu thereof "lands or animals owned", and inserting after i "lands are farmed" the following: "or animals are husbanded". 0)) APPLICATION OF AMENDMENTS.—The amendments made by subsection (a) shall not apply with respect to any payment or loan received under any agreement or contract made before the date of enactment of this Act. (c) REVISION OF REGULATIONS.—

(I)(A) The Secretary of Agriculture shall review the regulations in effect on the date of enactment of this Act that define "person" under section 1001 of the Food Security Act of 1985 and related regulations in effect on such date otherwise affecting the payment limitations under such section, to determine ways in which such regulations can be revised to better ensure the fair and reasonable application of limitations and eliminate fraud and abuse in the application of such pa3anent limitations. (B) The Secretary also shall review the amendments to section 1001 of the Food Security Act of 1985 made by this section. (2) Based on the reviews conducted under paragaph (1), the Secretary of Agriculture shall submit to the Committee on Agriculture,

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Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, not later than March 1, 1987, a report on such reviews and— (A) with respect to the matters reviewed under paragraph (I)(A), proposed regulations or amendments to regulations, to take effect not earlier than October 1, 1987, that will meet the object with respect to limitations specified in paragraph (1)(A); and • (B) with respect to the matters reviewed under paragraph dXB), recommendations on legislative changes to section 1001 of the Food Security Act of 1985 that the Secretary determines are necessaryor appropriate. SEC. 110. The Interagency Committee on Cigarette and Little Cigar Fire Safety, established pursuant to Public Law 98-567, shall have an additional six months to complete its final technical report and submit policy recommendations to the Congress. SEC. 111. (a) Any individual who— (1) on the day before the date on which food services operations for the House of Representatives are transferred by contract to a corporation or other person— (A) is a congressional employee (as defined in section 2107 of title 5, United States Code), other than an employee of the Architect of the Capitol, engeiged in providing such food services under the administrative control of the Architect of the Capitol; and (B) is subject to subchapter III of chapter 83 of title 5, United States Code, or chapter 84 of such title; (2) as a result of such contract, ceases to be an employee described in paragraph (1); and (3) becomes employed to provide such food services under contract, including a successor contract; may, for purposes of the provisions of law specified in subsection Qo), elect to be treated, for so long as such individual continues to be employed (without a break in service) as described in paragraph (3), as if such individual had not ceased to be an employee described in paragraph (1). Such election shall be made on or before the day referred to in paragraph (1) and shall be available only to an individual whose transition from the employment described in paragraph (1) to the employment described in paragraph (3) takes place without a break in service, (b) The provisions of law referred to in subsection (a) are— (1) subchapter III of chapter 83 of title 5, United States Code (including section 8339(m) of such title (which shall be applied, when an employee retires on an immediate annuity or dies, as if the employment at the time of retirement or death were under a formal leave system), with respect to unused sick leave to the credit of an employee on the day referred to in subsection (a)(D); (2) chapter 84 of title 5, United States Code; and (3) title III of the Federal Employees' Retirement System Act of 1986. (c)(1) At the earliest practicable opportunity, the Director of the Office of Personnel Management shall, in consultation with the Architect of the Capitol, prescribe regulations to carry out this section with respect to matters within the jurisdiction of the Office, including regulations under which— (A) an individual who makes an election under subsection (a) shall pay into the Civil Service Retirement and Disability Fund

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',x any employee contributions which would be required if such individual were a Congressional employee; and (B) the employer furnishing food services under a contract ?lti referred to in subsection (a) shall pay into the Civil Service Retirement and Disability Fund amounts equal to any agency contributions which would be required if the individual were a Congressional employee. (2) At the earliest practicable opportunity, the Executive Director of the Federal Retirement Thrift Investment Board shall, in consultation with the Architect of the Capitol, prescribe regulations to carry out this section with respect to matters within the jurisdiction of the Board. SEC. 112. Notwithstanding any other provision of law, none of the funds in this or any other Act shall be used by the Coast Guard to participate in any demonstration project or to implement in any way the extension of the navigation season on the Great Lakes or the St. Lawrence River without written notification to and prior approval of the House and Senate Committees on Appropriations: Provided, That nothing in this section shall preclude the Coast Guard from performing routine search and rescue operations. SEC. 113, Within 30 days of enactment, the Federal Aviation Administration shall initiate rulemaking action to consider the question of requiring the installation and carriage of operating transponders with automatic altitude reporting capability for all aircraft operating in terminal airspace where Federal Aviation Administration provides radar service, and in all controlled airspace above a minimum altitude to be determined by the Federal Aviation Administration. This regulation shall be effective on the earliest feasible date. SEC. 114. (a) The Secretary of Transportation shall approve the construction of Interstate Highway H-3 between the Halawa interchange to, and including the Halekou interchange (a distance of approximately 10.7 miles), and such construction shall proceed to completion notwithstanding section 138 of title 23 and section 303 of title 49, United States Code. OJ) Notwithstanding section 102 of this joint resolution the provisions of subsection (a) shall constitute permanent law. SEC. 115. GENERAL SERVICES ADMINISTRATION ' ' ^

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FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

The revenues and collections deposited into the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f), shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving Government agencies (including space adjustments) in connection with the assignment, allocation and trsinsfer of space; contractual services incident to cleaning or servicing buildings and moving; repair and alteration of federally owned buildings, including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition.

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and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, taxes, and any other obligations for public buildings acquired by purchase contract, in the giggregate amount of $2,385,856,000 of which (1) not to exceed $125,548,000 shall remain availalale until expended for construction of additional projects as authorized by law at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows: New Construction: Jasper, Federal Building, $3,376,000 B .'viy« New Jersey: Paterson, Federal Building (site and design), $1,500,000 New Mexico: Columbus, Border Station, $2,680,000 Pennsylvania: Wilkes-Barre, Federal Building (Social Security Administration), $20,672,000 South Carolina: ^{ Columbia, Federal Building, Courthouse, Claim, $1,057,000 Construction Projects, less than $500,000, $1,000,000: Purchgise: New York: Wellesley Island, Border Station, $1,925,000 Other Selected Purchases, including options to purchase, $93,338,000: Provided, That each of the immediately foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum: Provided further. That all funds for direct construction projects shall expire on September 30, 1988, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further. That claims against the Government of less than $50,000 arising from direct construction projects, acquisitions of buildings and purchase contract projects pursuant to Public Law 92-313, be liquidated with prior notification to the (Committees on Appropriations of the House and Senate to the extent savings are effected in other such projects; (2) not to exceed $270,222,000, which shall remain available until expended, for repairs and alterations: Provided further. That funds in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount by project as follows, except each project may be increased by an amount not to exceed 10 per centum unless advance approval is obtained from the (Dommittees on Appropriations of the House and Senate for a greater amount: Repairs and Alterations: Arizona: Phoenix, Federal Building, $762,000 California: San Diego, Old Federal Building, $1,576,000 •^ San Diego, Federal Building, Courthouse, $1,178,000 ..

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 100 STAT. 3341-351 '

PUBLIC LAW 99-591—OCT. 30, 1986 «

San Francisco, Post Office, Courthouse, $1,683,000 San Francisco, Burton Federal Building, $20,000,000 Colorado: Denver, Federal Building, Courthouse, $8,540,000 District of Columbia: Federal Building, New Post Office, $1,700,000 Federal Building # 6, $1,213,000 ) Federal Building # 8, $1,886,500 •^ Federal Building # 9, $1,712,500 ^ Federal Building #10A, $1,121,000 General Accounting Office, $3,552,000 ' Justice, $599,000 State, $2,765,000 Steam Distribution System, $8,796,000 Hawaii: Honolulu, Kalanianaole Federal Building, Courthouse,, Ofi $1,850,000 . /; Illinois: ' ' Chicago, Railroad Retirement Board, $5,200,000 Kentucky: ^' * Louisville, Post Office, Courthouse, $1,500,000 Missouri: Kansas City, Federal Building, $4,408,000 K oii St. Louis, Federal Building (Mart), Phase I, $20,000,000 Kansas City, 601 E. 12th, $997,000 Kansas City, 1500 Bannister, $2,560,000 St. Louis, 4300 Goodfellow, $2,176,000 .-. Nevada: Las Vegas, Federal Building, Courthouse, $2,197,000 Portland, Federal Building, $12,069,000 Dallas, Federal Building, $1,600,000 Dallas, Terminal Annex, $4,600,000 Utah: Salt Lake City, Post Office, Courthouse, $675,000 Virginia: Arlington, Pentagon, $7,000,000 Wisconsin: Milwaukee, Federal Building, Courthouse, $2,799,000 Wyoming: Casper, Federal Building, Courthouse, $1,923,000 Minor Repairs and Alterations, $141,584,000: Provided further. That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations of the House and Senate: Provided further. That all funds for repairs and alterations prospectus projects shall expire on September 30, 1988, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date; (3) not to exceed $131,442,000 for payment on purchase contracts entered into prior to July 1, 1975; (4) not to exceed $985,000,000 for rental of space; (5) not to exceed $753,219,000 for real property operations; (6) not to exceed $57,090,000 for program direction and centralized services; and (7) not to exceed $63,335,000 for design and construction services which shall remain available until expended: Provided further. That for
 * i
 * 'S-s Oregon:

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Page:United States Statutes at Large Volume 100 Part 4.djvu/957

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100 STAT. 3341-352

the purposes of this authorization, buildings constructed pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356), the Public Buildings Amendments of 1972 (40 U.S.C. 490), and buildings under the control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of the General Services Administration shall be considered to be federally owned buildings: Provided further. That none of the funds available to the General Services Administration shall be available for expenses in connection with any construction, repair, alteration, and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses in connection with the development of a proposed prospectus: Provided fur ther. That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations of the House and Senate Provided further. That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(fK6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056 as amended, shall be available from such revenues and collections: Provided further. That the Administrator of General Services is authorized, under section 210(h) of the Federal Property and Administrative Services Act of 1949, to acquire a building not to exceed 250,000 sq. ft., constructed or acquired by or on behalf of the State of Florida or a political subdivision thereof, by lease not to exceed 30 years, in Miami, Florida, on such terms and conditions as he deems appropriate. These terms and conditions may include an option to permit the Federal Government, if the Administrator deems that it is in the best interest of the Federal Government, to execute a succeeding lesise: Provided further. That the Administrator of General Services is authorized, under section 210(h) of the Federal Property and Administrative Services Act of 1949, to acquire a building not to exceed 600,000 sq. ft., constructed or acquired by or on behalf of the State of Illinois or a political subdivision thereof, by lease not to exceed 30 years, in Chicago Illinois, on such terms and conditions as he deems appropriate. These terms and conditions may include an option to permit the Federal Government, if the Administrator deems that it is in the best interest of the Federal Government, to execute a succeeding lease: Provided further. That revenues and collections and any other sums accruing to this fund during fiscal year 1987 excluding reimbursements under section 210(fK6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6) in excess of $2,385,856,000 shall remain in the Fund and shall not be available for expenditure except as authorized in appropriation Acts: Provided further, That notwithstanding this or any other provision of this Act, Section 623 of the Treasury, Postal Service, and General Government Appropriations Act as contained in this Act shall apply only to the rural electrification program in the State of Alaska ^.^^........

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Page:United States Statutes at Large Volume 100 Part 4.djvu/958

 100 STAT. 3341-353

PUBLIC LAW 99-591—OCT. 30, 1986

Notwithstanding any other provisions of this joint resolution, no funds shall be appropriated for the procurement of T-46 aircraft in fiscal year 1987. Funds appropriated in fiscal year 1986 for the procurement of T-46 aircraft shall be available to conduct the competitive fly-off set forth in section 145 of the fiscal year 5 987 Defense Authorization Act: Provided, That such funds shall not be available for the modification or development of any candidate aircraft for the purposes of that competition. Such competition shall be completed by January 1. 1988. The Air Force shall proceed immediately to prepare for the required competition mandated by section 145: Provided further. That section 2304 of said Act (S. 2638) shall not be interpreted to apply to any funds provided for operation and maintenance, design funds, or military construction funds for other than major military construction projects at any military installation or facility. SEC. 144. (a) CIVIUAN PAY RAISE.—(1) Notwithstanding any other provision of law, in the case of fiscal year 1987, the overall percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems, shall be an increase of 3 percent. (2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1987. (3)(A) Notwithstanding any other provision of law, determinations relating to amounts to be appropriated in order to provide for the adjustment described in paragraph (1) shall be made based on the assumption that the various departments and agencies of the Government will, in the aggregate, absorb 50 percent of the increase in total pay for fiscal year 1987. (B) Subparagraph (A) does not apply with respect to the Department of Defense or pay for employees of the Department of Defense. (4) For purposes of this subsection— (A) the term "total pay" means, with respect to a fiscal year, the total amount of basic pay which will be payable to employees covered by statutory pay systems for service performed during such fiscal year; (B) the term "increase in total pay" means, with respect to a fiscal year, that part of total pay for such year which is attributable to the adjustment taking effect under this section during such year; and (C) the term "statutory pay system" has the meaning given such term by section 5301(c) of title 5, United States Code. Qa) MILITARY PAY RAISE.—(1) Any adjustment required by section 1009 of title 37, United States Code, in elements of the compensation of members of the uniformed services to become effective during fiscal year 1987 shall not be made. (2) The rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 3 percent effective on January 1, 1987. SEC. 145. (a)(l)(A) Since the Department of State has determined that "In the area of human rights, major discrepancies persist between Romania's Constitution, law, public pronouncements and international commitments on the one hand, and the civil liberties and human rights allowed by the regime on the other";

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Page:United States Statutes at Large Volume 100 Part 4.djvu/959

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-354

(B) Since it is apparent from numerous accounts by the State Department, congressional delegations, and human rights organizations that Romanian citizens are being arbitrarily hareissed, interrogated, and arrested by government authorities for exercising their civil and religious liberties; (C) Since Romania's harassment of religious believers extends to the arrest of persons for distributing Bibles and the destruction of places of worship, including most recently the country's largest Seventh Day Adventist Church and the Sephardic synagogue in Bucharest; (D) Since the Romanian government has imposed severe limits on the freedom of Hungarians and other ethnic minorities to express and maintain their cultural heritage, and has attempted to systematically eliminate Hungarian churches, schools, traditions, and even the Hungarian language from Romanian society; (E) Since the United States' extension of Most-Favored-Nation trade status to Romania, although linked in the Jackson-Vanik Amendment to freedom of emigration from that country, might be misconstrued as an endorsement of that nation's abusive internal practices: (2) Now, therefore be it declared by the Senate— The Congress strongly condemns Romania's continued hostility to the exercise of religious, political and cultural rights, and calls upon Romania to cease such persecution, to halt its destruction of places of worship, and to lift its ban on the production and distribution of Bibles and other religious literature. (c) It is the sense of the Congress that the President should consider the following factors in shaping our bilateral relations with Romania: (1) whether Romania is making substantial progress in halting its persecution of Romanian citizens on religious and politiI cal grounds and its repression of Hungarians and other ethnic minorities; and (2) whether Romania is fulfilling its commitments to permit the printing of several thousand Bibles in Romania and to provide for and preserve places of worship. (d) The Secretary of State shall transmit a copy of this resolution to the head of the diplomatic mission of Romania to the United States and to Romania's permanent representative to the United Nations. SEC. 146. Such amounts as may be necessary of the Polish currencies held by the United States which have been generated by the sale to Poland of surplus United States dairy products shall be available for construction and renovation projects to be undertaken in Poland under the auspices of the Charitable Commission of the Polish Catholic Episcopate for the benefit of handicapped and orphaned children. Such currencies may be utilized without regard to the requirements of section 1306 of title 31, United States Code, or any other provision of law. SEC. 147. Section 61(a) of the Arms Export Control Act is amended by adding at the end thereof the following: "The President may waive the requirement of paragraph (3) with respect to a lease which is made in exchange with the lessee for a lease on substantially reciprocal terms of defense articles for the Department of Defense, except that this waiver authority— "(A) may be exercised only if the President submits to the Committee on Foreign Affairs and the Committee on Appropria-

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Page:United States Statutes at Large Volume 100 Part 4.djvu/960

 100 STAT. 3341-355 -f? c ,fc

PUBLIC LAW 99-591—OCT. 30, 1986

tions of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, in accordance with the regular notification procedures of those Committees, a detailed notification for each lease with respect to which the authority is exercised; and .J "(B) may be exercised only during the fiscal year 1987 and only with respect to one country, unless the Congress hereafter provides otherwise. The preceding sentence does not constitute authorization of appropriations for payments by the United States for leased articles.". SEC. 148. Notwithstanding any other provisions of title 23, the Secretary of Transportation shall carry out the following project: 1-75 corridor in Kenton County, Kentucky, to examine the feasibility of unmanned radar units for safety purposes. SEC. 149. Notwithstanding any other provision of law or this joint resolution, assistance to Bolivia shall be provided in accordance with the provisions of the Anti-Drug Abuse Act of 1986, as passed by the Senate on September 30, 1986. SEC. 150. (a) Section 445(b)(1) of the Social Security Act is amended by striking out "June 30, 1985," and inserting in lieu thereof "June 30, 1987,". (b) Section 445(d) of such Act is amended by striking out "June 30, 1984," and inserting in lieu thereof "June 30, 1987," and by striking out "June 30, 1987^' and inserting in lieu thereof "June 30, 1988'. SEC. 151. (a) Notwithstanding any other provision of law, the Administrator of General Services is authorized during fiscal year 1987 to accept periodic reimbursement from the Senate and from the House of Representatives for the cost of any equipment purchased for the Senate or the House of Representatives, respectively, with funds from the General Supply Fund established under section 109 of the Federal Property and Administrative Services Act of 1949. The amount of each such periodic reimbursement shall be computed by amortizing the total cost of each item of equipment over the useful life of the equipment, as determined by the Administrator, in consultation with the Sergeant at Arms and Doorkeeper of the Senate or the Clerk of the House of Representatives, as appropriate. (b) Subsection (a) applies to reimbursements to the General Supply Fund for any equipment purchased for the Senate or the House of Representatives before, on, or after the date of enactment of this section. SEC. 152. Section 107D(c)(l)(E)(ii) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(c)(l)(E)(ii)) is amended by striking out "marketing year for such crop" and inserting in lieu thereof "first 5 months of the marketing year for the 1986 crop and the marketing year for each of the 1987 through 1990 crops". SEC. 153. (a) The Congress finds that the activities conducted under the authorities of the Foreign Assistance Act of 1961 have contributed greatly to the alleviation of human suffering and the promotion of economic development in the recipient countries. The Congress finds further that changing circumstances in the developing countries and changing availability of resources from the United States require that a comprehensive review of the activities under that Act be undertaken. (b) It is, therefore, the sense of the Congress that the President should undertake a comprehensive review of the activities authorized by the Foreign Assistance Act of 1961 and should send to the Committees on Appropriations and to the Senate Foreign Rela-

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Page:United States Statutes at Large Volume 100 Part 4.djvu/961

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-356

tions Committee and the House Foreign Affairs Committee by February 1, 1987, his recommendations for amending the Act or otherwise modifying those activities. SEC. 154. (a) Section 502(a) of title 21 of the District of Columbia Code is amended by striking out the last sentence and inserting in lieu thereof "Eight of the members of the Commission shall be health care professionals who are psychiatrists, or doctoral level psychologists, practicing in the District of Columbia who have had not less than five years' experience in the treatment of mental illnesses.". (b) Section 502(c) of title 21 of the District of Columbia Code is amended to read as follows: "(c) Members of the Commission who are health care professionals shall serve on a part-time basis and shall be rotated by assignment of the Chief Judge of the court, so that at any one time the Commission shall consist of the chairman and two members who are health care professionals. Members of the Commission who are health care professionals may practice their profession during their tenure of office, but may not participate in the disposition of a case in which they have rendered professional service or advice.". (c) The members of the District of Columbia Commission on Mental Health on the date of the enactment of this joint resolution shall serve the unexpired portions of their terms as members of such commission. (d) The provisions of this joint resolution shall take effect on the date of enactment. SEC. 163. Notwithstanding any legislative or judicial requirement, the Office of Surface Mining Reclamation and Enforcement may delay the finalization of the proposed rulemaking amending Parts 773 and 778 of the Code of Federal Regulations as published in the Federal Register on April 5, 1985 (50 FR 13724) until March 31, 1987. TITLE II OMNIBUS DRUG SUPPLEMENTAL APPROPRIATIONS ACT OF 1987 CHAPTER I DEPARTMENT OF JUSTICE

'

LEGAL ACTIVITIES SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for "Salaries and expenses. United States Attorneys", $31,000,000. SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For an additional amount for "Salaries and expenses, United States Marshals Service", $17,000,000. SUPPORT OF UNITED STATES PRISONERS

For an additional amount for "Support of United States prisoners", $5,000,000.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/962

 100 STAT. 3341-357 ,

PUBLIC LAW 99-591—OCT. 30, 1986

..,^A,..„r%

ASSETS FORFEITURE F U N D

For expenses authorized by 28 U.S.C. 524, as amended by the Comprehensive Forefeiture Act of 1984 and the Anti-Drug Abuse Act of 1986 as passed the House of Representatives on October 8. 1986 or similar legislation if enacted into law, such sums as may be necessary to be derived from the Department of Justice Assets Forefeiture Fund FEDERAL B U R E A U OF INVESTIGATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses". $2,000,000. .. „.

DRUG ENFORCEMENT ADMINISTRATION

V\,

SALARIES AND EXPENSES

For an additional $60,000,000.

amount

for

"Salaries

and

FEDERAL PRISON SYSTEM

expenses", '

/.lf>

SALARIES AND EXPENSES

For an additionaJ $28,000,000.

amount

for

"Salaries

and

expenses",

For an additional amount for "Buildings and $96,500,000, to remain available until expended

facilities",

BUILDINGS AND FACILITIES

OFFICE OF JUSTICE PROGRAMS ''K> TJA

P>iAiy¥VAW

JUSTICE A S S I S T A N C E

 * ^ "••' ft- '«• - • " •.'-*»».'••'-'

For an additional amount for "Justice assistance", $225,000,000, to remain available until expended, for grants for drug law enforcement programs, to be used only to carry out provisions of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by H.R. 5484 as passed the House of Representatives on October 8, 1986 or similar legislation if enacted into law: Provided, That $2,000,000 shall be available only to carry out a pilot prison capacity program. .,^^_^ ^„ V ^ j j g JUDICIARY COURTS OF APPEALS DISTRICT COURTS, AND OTHER JUDICIAL K SERVICES _

^^

SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $12,000,000, to carry out the provisions of the Drug and Alcohol Dependent Offenders Treatment Act of 1986 as passed the House of Representatives oh October 8, 1986 or similar legislation if enacted into law.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/963

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-358

DEFENDER SERVICES

For an additional amount for "Defender services", $18,000,000, to remain available until expended. FEES OF JURORS AND COMMISSIONERS

For an additional amount for "Fees of jurors and commissioners", $7,500,000, to remain available until expended. RELATED AGENCY UNITED STATES INFORMATION AGENCY SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $2,000,000, to be available only for drug education programs abroad. •q*Cin?S^<|ffCJ'«.fi:;U;.-.-.

. C H A P T E R II

.._,_,,,

- -.. '

FOREIGN ASSISTANCE

BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT AGENCY FOR INTERNATIONAL DEVELOPMENT

Education and Human Resources Development, Development Assistance: For an additional amount to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, $3,000,000: Provided, That these funds shall be used pursuant to section 1260t)X2) of the Foreign Assistance Act of 1961 for additional activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries: Provided further, That funds made available by this paragraph shall be available through the regular notification procedures of the Committee on Appropriations. »;* zrit; DEPARTMENT OF STATE INTERNATIONAL NARCOTICS CONTROL

For an additional amount to carry out the provisions of section 481 of the Foreign Assistance Act of 1961, $53,000,000: Provided, That of this amount $45,000,000 shall be made available only in accordance with the provisions of section 2001(2) of H.R. 5484, as passed in the Senate on September 30, 1986: Provided further. That funds made available by this paragraph shall be available through the regular notification procedures of the Committee on Appropriations. I"

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Page:United States Statutes at Large Volume 100 Part 4.djvu/964

 100 STAT. 3341-359

PUBLIC LAW 99-591—OCT. 30, 1986 CHAPTER III

K eC i

H'^

DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE

'

^

,..,,

OPERATION OF THE NATIONAL PARK SYSTEM

For an additional amount for "Operation of the National Park System", $1,000,000. BUREAU OF INDIAN AFFAIRS OPERATION OF INDIAN PROGRAMS

For an additional amount for "Operation of Indian programs", $10,000,000: Provided, That funds made available to tribes and tribal organizations through grants or contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available until September 30, 1988. CONSTRUCTION

For an additional amount for "Construction", $12,500,000, to remain available until expended. DEPARTMENT OF HEALTH AND HUMAN SERVICES -

HEALTH RESOURCES AND SERVICES ADMINISTRATION INDIAN HEALTH SERVICES

For an additional amount for "Indian health services", $16,200,000: Provided, That funds made available to tribes and tribal organizations through grants or contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available until September 30, 1988. INDIAN HEALTH FACILITIES

For an additional amount for "Indian $5,500,000, to remain available until expended.

health

facilities",

CHAPTER IV

DEPARTMENT OF LABOR

" '

DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES

For an additional amount for the development of information on drug abuse in the workplace, $3,000,000 to remsiin available until September 30, 1988.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/965

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-360

DEPARTMENT OF HEALTH AND HUMAN SERVICES ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH

For an additional amount for substance abuse prevention and treatment activities as authorized by titles III, V and XIX of the Public Health Service Act, $262,000,000 to remain available until September 30, 1988. DEPARTMENT OF EDUCATION SPECIAL PROGRAMS

For an additional amount for carrying out drug abuse education and prevention activities, $200,000,000 to remain available until September 30, 1988, of which $5,500,000 shall be used for the development of audio-visual materials for distribution to local educational authorities. RELATED AGENCY •;W ->,'.•;"•.'h:

ACTION

OPERATING EXPENSES

For an additional amount for substance abuse prevention and education activities as authorized by the Domestic Volunteer Service Act of 1973, $3,000,000. CHAPTER V
 * iiv

rn>

DEPARTMENT OF TRANSPORTATION

"

COAST GUARD OPERATING EXPENSES

For an additional amount for "Operating expenses", $39,000,000. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for "Acquisition, construction, and improvements", $89,000,000, to remain available until September 30, 1991. CHAPTER VI DEPARTMENT OF TREASURY U.S. CUSTOMS SERVICE SALARIES AND EXPENSES

For an additional $44,120,000. •

amount

for

71-194 0 - 89 - 32: QL. 3 Parth

"Salaries

and

expenses",

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Page:United States Statutes at Large Volume 100 Part 4.djvu/966

 100 STAT. 3341-361

PUBLIC LAW 99-591—OCT. 30, 1986

OPERATION AND MAINTENANCE, AIR INTERDICTION PROGRAM

For an additional amount for "Operation and Maintenance, Air Interdiction Program", $93,131,000, of which up to $10,000,000 is available for the U.S.—Bahamas Task Force; $25,000,000 is available for establishment of command, control, communications, and intelligence (C-31) centers under the exclusive control of the U.S. Customs Service; and $9,131,000 for additional modification of Customs P-3 aircraft with 360 degree radar, such sums to remain available until expended. CUSTOMS FORFEITURE FUND

For an additional amount for the "Customs Forfeiture Fund", $10,000,000, to be derived from deposits in the Fund.

nois.R-%'

UNITED STATES SECRET SERVICE SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $5,000,000. PAYMENT TO THE GOVERNMENT OF PUERTO RICO

For payment of a grant to the Government of Puerto Rico, $7,800,000, to remain available until expended.

EXECUTIVE OFFICE OF THE PRESIDENT

4

WHITE HOUSE CONFERENCE ON DRUG ABUSE AND CONTROL SALARIES AND EXPENSES

For necessary expenses of the White House Conference on Drug Abuse and Control, $5,000,000. CHAPTER VII DEPARTMENT OF DEFENSE OPERATION AND MAINTENANCE OPERATION A N D MAINTENANCE, NAVY

For an additional amount for "Operation and maintenance, Navy", $15,000,000. OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for "Operation and maintenance. Air Force", $12,615,000. PROCUREMENT AIRCRAFT PROCUREMENT, ARMY

For an additional amount for "Aircraft procurement, Army", $18,000,000.

Aj-t;^^

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Page:United States Statutes at Large Volume 100 Part 4.djvu/967

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-362

AIRCRAFT PRCX3UREMENT, N A V Y

For an additional amount for "Aircraft procurement, Navy", $183,000,000. OTHER PROCUREMENT, AIR FORCE

For an additional amount for "Other procurement, Air Force", $71,385,000. ADMINISTRATIVE PROVISION « Notwithstanding any other provision of law, all purchases, leases, or other uses of military type equipment acquired from appropriations provided in this chapter shall be procured under existing procedures established by the Department of Defense. This title may be cited as the "Omnibus Drug Supplemental Appropriations Act of 1987". TITLE III SCHOOL LUNCH AND CHILD NUTRITION AMENDMENTS Ji SEC. 301. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the "School Lunch and Child Nutrition Amendments of 1986". Qi) TABLE OF CONTENTS.—The table of contents is as follows: TABLE OF CONTENTS

f.

•

-.

Sec. 301. Short title; table of contents. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

311. 312. 313. 314. 315.

Subtitle A—Reauthorization of Child Nutrition Programs Summer food service program for children. Commodity distribution program. State administrative expenses. Special supplemental food program for women, infants, and children. Nutrition education and training program.

-. -

Subtitle B—School Lunch and Breakfast Programs 321. Basis of commodity assistance. 322. Inclusion of whole milk as a school lunch beverage. 323. Automatic eligibility for certain programs. 324. Limitation on meal contracting. 325. Change in tuition limitation for private schools. 326. Use of school lunch facilities for elderly programs. 327. Pilot projects for administration of child nutrition programs by contract or direct disbursement. 328. Department of Defense overseas dependents' schools. 329. Restoration of certain kindergartens to the special milk program. 330. Improvement of breakfast program meal pattern. 331. Extension of offer versus serve provision to the school breakfast program. 332. Staffing standards.

Subtitle C—Special Supplemental Food Program for Women, Infants, and Children Sec. 341. Costs for nutrition services and administration. Sec. 342. State eligibility for WIC funds. Sec. 343. Participation report. Sec. 344. Plan of operation and administration. Sec. 345. Public comment. Sec. 346. Availability of program benefits. Sec. 347. Repayment of certain benefits by recipients. Sec. 348. Priority funds for WIC migrant programs. Sec. 349. Improving State ^ e n c y administrative systems. ''' Sec. 350. Paperwork reduction. Sec. 351. Allocation standards. Sec. 352. Advance payments. Sec. 353. Availability of funds.
 * ' • ^^S

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Page:United States Statutes at Large Volume 100 Part 4.djvu/968

 100 STAT. 3341-363

PUBLIC LAW 99-591—OCT. 30, 1986 Subtitle D—Other Nutrition Programs

Sec. Sec. Sec. Sec.

361. 362. 363. 364.

Hearings on Federal audit actions under the child care food progreim. Basis for nutrition education grants. Extension of alternative means of assistance. National donated commodity processing programs. Subtitle E—Technical Corrections

 * • j

Sec. 371. Obsolete provisions. Sec. 372. Obsolete references to Health, Education, and Welfare. Sec. 373. Conforming amendments.

'

Subtitle F—Sale of Agricultural Notes and Other Obligations

..

Sec. 381. Sale of agricultural notes and other obligations.

Subtitle A—Reauthorization of Child Nutrition Programs SEC. 311. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

Section 13(p) of the National School Lunch Act (42 U.S.C. 1761(p)) is amended by striking out "1984" and inserting in lieu thereof "1989". SEC. 312. COMMODITY DISTRIBUTION PROGRAM. •

'

Section 14(a) of the National School Lunch Act (42 U.S.C. 1762a(a)) is amended by striking out "1984" and inserting in lieu thereof "1989". SEC. 313. STATE ADMINISTRATIVE EXPENSES.

Section 7(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(i)) is amended by striking out "1984" and inserting in lieu thereof "1989". SEC. 314. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended— (1) in subsection (c)(2), by striking out "Subject to" and all that follows through ^'1984" and inserting in lieu thereof "Subject to amounts appropriated to carry out this section under subsection (g)"; (2) in subsection (g)— (A) by designating the first and second sentences as paragraphs (1) and (3), respectively; and (B) by amending paragraph (1) (as so designated) to read as follows: "(1) There are authorized to be appropriated to carry out this section $1,580,494,000 for the fiscal year ending September 30, 1986, such sums as may be necessary for each of the fiscal years ending September 30, 1987, and September 30, 1988, and $1,782,000,000 for the fiscal year ending September 30, 1989."; and (3) in subsection (h)(2), by striking out "1984" and inserting in lieu thereof "1989". SEC. 315. NUTRITION EDUCATION AND TRAINING PROGRAM.

The first sentence of section 19(j)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1788a)(2)) is amended by striking out "1984" and inserting in lieu thereof "1989".

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Page:United States Statutes at Large Volume 100 Part 4.djvu/969

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100 STAT. 3341-364

Subtitle B—School Lunch and Breakfast Programs SEC. 321. BASIS OF COMMODITY ASSISTANCE.

Section 6(b) of the National School Lunch Act (42 U.S.C. 1755(b)) is amended— (1) in the first sentence, by striking out "May 15" and inserting in lieu thereof "June 1"; and (2) in the second sentence, by striking out "June 15" and inserting in lieu thereof "July 1". SEC. 322. INCLUSION OF WHOLE MILK AS A SCHOOL LUNCH BEVERAGE.

Effective July 1, 1986, section 9(a) of the National School Lunch Act (42 U.S.C. 1758(a)) is amended— (1) by designating the first, second, and third sentences as paragraphs (1), (3), and (4), respectively; and (2) by inserting after paragraph (1) (as so designated) the following new paragraph: "(2) In addition to such other forms of milk as the Secretary may determine, the lunches shall offer whole milk as a beverage.'. SEC. 323. AUTOMATIC ELIGIBILITY FOR CERTAIN PROGRAMS.

Effective July 1, 1986, section 9(b) of the National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end thereof the following new paragraph: "(6)(A) A child shall be considered automatically eligible for a free lunch and breakfast under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively, without further application or eligibility determination, if the child is a member of— "(i) a household receiving assistance under the food stamp program authorized under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or "(ii) an AFDC assistance unit (under the aid to families with dependent children program authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)), in a State where the standard of eligibility for the assistance does not exceed 130 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))). "(B) Proof of receipt of food stamps or aid to families with dependent children shall be sufficient to satisfy any verification requirement imposed under paragraph (2)(C).". SEC. 324. LIMITATION ON MEAL CONTRACTING.

Effective July 1, 1986, section 9 of the National School Lunch Act (42 U.S.C. 1758) is amended by adding at the end thereof the following new subsection: "(e) A school or school food authority participating in a program under this Act may not contract with a food service company to provide a la carte food service unless the company agrees to offer free, reduced-price, and full-price reimbursable meals to all eligible children.". SEC. 325. CHANGE IN TUITION LIMITATION FOR PRIVATE SCHOOLS.

(a) SCHOOL LUNCH PROGRAMS.—Section 12(d)(5) of the National

School Lunch Act (42 U.S.C. 1760(d)(5)) is amended in the first sentence by striking "except private schools whose average yearly tuition exceeds $1,500 per child,".

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(b) SCHOOL BREAKFAST PROGRAMS.—Section 15(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1784(c)) is amended in subparagraph (A) of the first sentence by striking "except private schools whose average yearly tuition exceeds $1,500 per child,". (c) The amendments made by this section shall take effect July 1, 1987. SEC. 326. USE OF SCHOOL LUNCH FACILITIES FOR ELDERLY PROGRAMS.

Section 12 of the National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end thereof the following new subsection: "(i) Facilities, equipment, and personnel provided to a school food authority for a program authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) may be used, as determined by a local educational agency, to support a nonprofit nutrition program for the elderly, including a program funded under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).". SEC. 327. PILOT PROJECTS FOR ADMINISTRATION OF CHILD NUTRITION PROGRAMS BY CONTRACT OR DIRECT DISBURSEMENT.

(a) PILOT PROJECTS.—Section 20 of the National School Lunch Act (42 U.S.C. 1769) is amended by striking out subsection (d) and inserting in lieu thereof the following new subsection: "(d) The Secretary may conduct pilot projects in not more than three States in which the Secretary is currently administering programs to evaluate the effects of the Secretary contracting with private profit and nonprofit organizations to act as a State agency under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for schools, institutions, or service institutions referred to in section 10 of this Act and section 5 of the Child Nutrition Act of 1966 (42 U.S.C. 1774).". (b) CONFORMING AMENDMENT.—The first sentence of section 20(c) of the National School Lunch Act is amended by striking out "except for the pilot projects conducted under subsection (d) of this section,". SEC. 328. DEPARTMENT OF DEFENSE OVERSEAS DEPENDENTS' SCHOOLS. (a) SCHOOL LUNCHES.—Section 22(d) of the National School Lunch Act (42 U.S.C. 1769b(d)) (as added by section 1408(a) of the Education Amendments of 1978 (92 Stat. 2368)) is amended by striking out "and for" and all that follows through "reduced-price lunch". (b) SCHOOL BREAKFASTS.—Section 20(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1789) is amended by striking out "and for" and all that follows through "reduced-price breakfast". SEC. 329. RESTORATION OF CERTAIN KINDERGARTENS TO THE SPECIAL MILK PROGRAM.

Effective July 1, 1987, section 3(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)) is amended— (1) in the first sentence— (A) by inserting "(1)" after the subsection designation; (B) by redesignating clauses (1) and (2) as subparagraphs (A) and (B), respectively; and is. K (C) in subparagraph (A) (as so redesignated), by inserting .= r "except as provided in paragraph (2)," after "and under,";

(2) by designating the second through eighth sentences as paragraphs (3) through (9), respectively; and

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(3) by inserting after paragraph (1) (as so designated) the following new paragraph: "(2) The limitation imposed under paragraph (I)(A) for participation of nonprofit schools in the special milk program shall not apply to split-session kindergarten programs conducted in schools in which children do not have access to the meal service program operating in schools the children attend as authorized under this Act or the National School Lunch Act (42 U.S.C. 1751 et seq.).". SEC. 330. IMPROVEMENT OF BREAKFAST PROGRAM MEAL PATTERN.

(a) ADDITIONAL ASSISTANCE.—Effective July 1, 1987, section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)) is amended by adding at the end thereof the following new paragraphs: "(3) The Secretary shall increase by 3 cents the annually adjusted payment for each breakfast served under this Act and section 17 of the National School Lunch Act (42 U.S.C. 1766). These funds shall be used to assist States, to the extent feasible, in improving the nutritional quality of the breakfasts. "(4) Notwithstanding any other provision of law, whenever stocks of agricultural commodities are acquired by the Secretary or the Commodity Credit Corporation and are not likely to be sold by the Secretary or the Commodity Credit (Dorporation or otherwise used in programs of commodity sale or distribution, the Secretary shall make such commodities available to school food authorities and eligible institutions serving breakfasts under this Act in a quantity equal in value to not less than 3 cents for each breakfast served under this Act and section 17 of the National School Lunch Act. "(5) Expenditures of funds from State and local sources for the maintenance of the breakfast program shall not be diminished as a result of funds or commodities received under paragraph (3) or (4).". (b) NUTRITION REQUIREMENTS.—(1) The Secretary of Agriculture shall review and revise the nutrition requirements for meals served under the breakfast program authorized under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and section 17 of the National School Lunch Act (42 U.S.C. 1766) to improve the nutritional quality of the meals, taking into consideration both the findings of the National Evaluation of School Nutrition Programs and the need to provide increased flexibility in meal planning to local food authorities. (2) Not later than 180 days after the date of enactment of this title, the Secretary of Agriculture shall promulgate regulations to implement the revisions. SEC. 331. EXTENSION OF OFFER VERSUS SERVE PROVISION TO THE SCHOOL BREAKFAST PROGRAM. ': Section 4(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended— (1) by inserting "(1)" after the subsection designation; and (2) by adding at the end thereof the following new paragraph: "(2) At the option of a local school food authority, a student in a school under the authority that participates in the school breakfast program under this Act may be allowed to refuse not more than one item of a breakfast that the student does not intend to consume. A refusal of an offered food item shall not affect the full charge to the student for a breakfast meeting the requirements of this section or the amount of payments made under this Act to a school for the breakfast.".

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SEC. 332. STAFFING STANDARDS.

Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) (as amended by section 313) is further amended— (1) by striking out subsection (b); and (2) by redesignating subsections (c) through (i) as subsections (b) through (h), respectively. Subtitle C—Special Supplemental Food Program for Women, Infants, and Children SEC. 341. COSTS FOR NUTRITION SERVICES AND ADMINISTRATION.

(a) DEFINITIONS.—Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended— (1) by striking out paragraph (1); (2) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; and (3) by inserting after paragraph (3) (as so redesignated) the following new paragraph: "(4) '(^jsts for nutrition services and administration' means costs that shall include, but not be limited to, costs for certification of eligibility of persons for participation in the program (including centrifuges, measuring boards, spectrophotometers, and scales used for the certification), food delivery, monitoring, nutrition education, outreach, startup costs, and general administration applicable to implementation of the program under this section, such as the cost of staff, transportation, insurance, developing and printing food instruments, and administration of State and local agency offices.". (b) CONFORMING AMENDMENTS.—Section 17 of such Act is amended— (1) by striking out "administrative funds" each place it, s ^ pears in subsections (f)(ll), (h)(2), (h)(3), and (h)(4) and inserting in lieu thereof "funds for nutrition services and admihistfa^ tion";and (2) by striking out "administrative costs" each place it Appears in subsection (h) and inserting in lieu thereof "costs for nutrition services and administration". SEC. 342. STATE ELIGIBILITY FOR WIC FUNDS.

(a) ELIGIBILITY.—Section 17(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(c)) is amended by adding at the end thereof the following new paragraph: "(4) A State shall be ineligible to participate in programs authorized under this section if the Secretary determines that State or local sales taxes are collected within the State on purchases of food made to carry out this section.". (b) APPLICATION.—The amendment made by subsection (a) shall apply to a State beginning with the fiscal year that commences after the end of the first regular session of the State legislature following the date of the enactment of this title. SEC. 343. PARTICIPATION REPORT.

(a) BIENNIAL REPORT.—Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)) is amended by adding at the end thereof the following new paragraph: "(4) The Secretary shall report biennially to Congress on—

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"(A) the income and nutritional risk characteristics of participants in the program; "(B) participation in the program by members of families of migrant farmworkers; and "(C) such other matters relating to participation in the program as the Secretary considers appropriate.",

(b) USE OF EVALUATION FUNDS FOR REPORT.—Section 17(g)(3) of

such Act (as amended by section 314(2)(A)) is further amended by inserting "preparing the report required under subsection (d)(4),' after "health benefits,". SEC. 344. PLAN OF OPERATION AND ADMINISTRATION.

(a) PLAN.—Paragraph (1) of section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)) is amended to read as follows: "(1)(A) Each State agency shall submit annually to the Secretary, by a date specified by the Secretary, a plan of operation and administration for a fiscal year. "(B) To be eligible to receive funds under this section for a fiscal year, a State agency must receive the approval of the Secretary for the plan submitted for the fiscal year. "(C) The plan shall include— "(i) a description of the food delivery system of the State agency and the method of enabling participants to receive supplemental foods under the program, to be administered in accordance with standards developed by the Secretary; "(ii) a description of the financial management system of the State agency; "(iii) a plan to coordinate operations under the program with special counseling services, such as the expanded food and nutrition education program, immunization programs, prenatal care, well-child care, family planning, alcohol and drug abuse counseling, child abuse counseling, and with the aid to femilies with dependent children, food stamp, and maternal and child health care programs; "(iv) a plan to provide program benefits under this section to, and to meet the special nutrition education needs of, eligible migrants and Indians; "(v) a plan to expend funds to carry out the program during the relevant fiscal year; "(vi) a plan to provide program benefits under this section to unserved and underserved areas in the State, if sufficient funds are available to carry out this clause; "(vii) a plan to provide program benefits under this section to eligible persons most in need of the benefits and to enroll eligible women in the early months of pregnancy, to the maximum extent practicable; and "(viii) such other information as the Secretary may require. "(D) The Secretary may permit a State agency to submit only those parts of a plan that differ from plans submitted for previous fiscal years. "(E) The Secretary may not approve any plan that permits a person to participate simultaneously in both the program authorized under this section and the commodity supplemental food program authorized under sections 4 and 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note).". (b) APPLICATION.—The amendment made by subsection (a) shall apply to a plan submitted by a State agency under section 17(f)(1) of

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the Child Nutrition Act of 1966 for the fiscal year ending September 30, 1987, and each fiscal year thereafter. SEC. 345. PUBLIC COMMENT.

Paragraph (2) of section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(fK2)) is amended to read as follows: "(2) A State agency shall establish a procedure under which members of the general public are provided an opportunity to comment on the development of the State agency plan.". SEC. 346. AVAILABILITY OF PROGRAM BENEFITS.

Paragraph (8) of section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(8)) is amended to read as follows: "(8)(A) The State agency shall, in cooperation with participating local agencies, publicly announce and distribute information on the availability of program benefits (including the eligibility criteria for participation and the location of local agencies operating the program) to offices and organizations that deal with significant numbers of potentially eligible persons (including health and medical organizations, hospitals and clinics, welfare and unemployment offices, social service agencies, farmworker organizations, Indian tribal organizations, and religious and community organizations in low income areas). "(B) The information shall be publicly announced by the State agency and by local agencies at least annually. "(C) The State agency and local agencies shall distribute the information in a manner designed to provide the information to potentially eligible persons who are most in need of the benefits, including pregnant women in the early months of pregnancy.". SEC. 347. REPAYMENT OF CERTAIN BENEFITS BY RECIPIENTS.

Effective October 1, 1986, section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)) is amended by adding at the end thereof the following new paragraph: "(15) If a State agency determines that a member of a family has received an overissuance of food benefits under the program authorized by this section as the result of such member intentionally making a false or misleading statement or intentionally misrepresenting, concealing, or withholding facts, the State agency shall recover, in cash, from such member an amount that the State agency determines is equal to the value of the overissued food benefits, unless the State agency determines that the recovery of the benefits would not be cost effective.". SEC. 348. PRIORITY FUNDS FOR WIC MIGRANT PROGRAMS.

(a) PRIORITY FUNDING.—Effective October 1, 1986, section 17(g) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)) (as amended by section 314(2)(A)) is further amended by inserting after paragraph (1) the following new paragraph: "(2) Of the sums appropriated for any fiscal year for programs authorized under this section, not less than nine-tenths of 1 percent shall be available first for services to eligible members of migrant populations. The migrant services shall be provided in a manner consistent with the priority system of a State for program participation.". (b) ACCOUNTABILITY.—To the extent possible, accountability for migrant services under section 17(g)(2) of the Child Nutrition Act of

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1966 (as added by subsection (a)) shall be conducted under regulations in effect on the date of the enactment of this Act. SEC. 349. IMPROVING STATE AGENCY ADMINISTRATIVE SYSTEMS.

Section 17(g)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(3)) (as amended by sections 314(2)(A) and 343(b)) is further amended by inserting "providing technical assistance to improve State agency administrative systems," after "subsection (d)(4),". SEC. 350. PAPERWORK REDUCTION.

Section 17(h)(l) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(1)) is amended by adding at the end thereof the following new sentence: "The Secretary shall limit to a minimal level any documentation required under the preceding sentence.". SEC. 351. ALLOCATION STANDARDS.

Section 17(h)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(3)) is amended— (1) in the second sentence, by striking out ", which satisfy allocation guidelines established by the Secretary"; and (2) by striking out the last sentence. SEC. 352. ADVANCE PAYMENTS.

Effective October 1, 1986, section 17(h)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(4)) is amended by striking out "shall" and inserting in lieu thereof "may". SEC. 353. AVAILABILITY OF FUNDS.

(a) AvAiLABiuTY.—Section 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended— '^D by designating the first, second, third, fourth, and fifth sentences as paragraphs (1), (2), (4), (5), and (6), respectively; and (2) by inserting after paragraph (2) (as so designated) the following new paragraph: "(3)(A) Notwithstanding paragraph (2)— "(i) not more than 1 percent of the amount of funds allocated to a State agency under this section for supplemental foods for a fiscal year may be expended by the State agency for expenses incurred under this section for supplemental foods during the preceding fiscal year; or "(ii) not more than 1 percent of the amount of funds allocated to a State agency for a fiscal year under this section may be expended by the State agency during the subsequent fiscal year. "(B) Any funds made available to a State agency in accordance with subparagraph (A)(ii) for a fiscal year shall not affect the amount of funds allocated to the State agency for such year.". (b) APPLICATION.—Section 17(i)(3)(A)(i) of the Child Nutrition Act of 1966 (as amended by subsection (a)) shall not apply to appropriations made before the date of enactment of this title. Subtitle D—Other Nutrition Progrgims SEC. 361. HEARINGS ON FEDERAL AUDIT ACTIONS UNDER THE CHILD CARE FOOD PROGRAM.

Section 17(e) of the National School Lunch Act (42 U.S.C. 1766(e)) is amended—

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(1) by striking out "The" and inserting in lieu thereof "(1) Except as provided in paragraph (2), the"; and (2) by adding at the end thereof the following new paragraphs. "(2) A State is not required to provide a hearing to an institution concerning a State action taken on the basis of a Federal audit determination. "(3) If a State does not provide a hearing to an institution concerning a State action taken on the basis of a Federal audit determination, the Secretary, on request, shall afford a hearing to the institution concerning the action.". SEC. 362. BASIS FOR NXJTRITION EDUCATION GRANTS.

Section 19(j)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(j)(2)) is amended by striking out "$75,000" each place it appears and inserting in lieu thereof "$50,000". SEC. 363. EXTENSION OF ALTERNATIVE MEANS OF ASSISTANCE.

Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is amended by adding at the end thereof the following new subsection: "(g)(l) As used in this subsection, the term 'eligible school district' has the same meaning given such term in section 1581(a) of the Food Security Act of 1985. "(2) In accordance with the terms and conditions of section 1581 of such Act, the Secretary shall permit an eligible school district to continue to receive assistsince in the form of cash or commodity letters of credit assistance, in lieu of commodities, to carry out the school lunch program operated in the district. "(3)(A) On request of a participating school district (and after consultation with the Comptroller General of the United States with respect to accounting procedures used to determine any losses) and subject to the availability of funds, the Secretary shall provide cash compensation to an eligible school district for losses sustained by the district as a result of the alteration of the methodology used to conduct the study referred to in section 1581(a) of such Act during the school year ending June 30, 1983. "(B) There are authorized to be appropriated $50,000 to carry out this paragraph, to be available without fiscal year limitation.". SEC. 364. NATIONAL DONATED COMMODITY PROCESSING PROGRAMS.

In accordance with the terms and conditions of section 1114(a)(2) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(a)(2)), whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agriculture, the Secretary shall encoursige consumption of the commodity through agreements with private compsinies under which the commodity is reprocessed into end-food products for use by eligible recipient sigencies. Subtitle E—Technical Corrections SEC. 371. OBSOLETE PROVISIONS. (a) NUTRITION PROGRAM STAFF STUDY; TRUST TERRITORY APPRO-

PRIATIONS.—(1) Sections 18 and 19 of the National School Lunch Act (42 U.S.C. 1767 and 1768) are repealed. (2) The first sentence of section 3 of such Act (42 U.S.C. 1752) is amended by striking out "sections 13, 17, and 19" and inserting in lieu thereof "sections 13 gind 17".

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(b) STUDY OF MENU CHOICE.—Section 22 of such Act (42 U.S.C. 1769c) (as added by section 9 of the Child Nutrition Amendments of 1978 (92 Stat. 3623)) is repealed. (c) CONFORMING AMENDMENTS.—(1) The National School Lunch Act (as amended by sections 327 and 328(a) and subsection (b)) is further amended by redesignating sections 20, 21, and 22 (42 U.S.C. 1769, 1769a, and 1769b) as sections 18, 19, and 20, respectively. (2) Clause (3) of the first sentence of section 6(a) of such Act (42 U.S.C. 1755(a)) is amended by striking out "section 20" and inserting in lieu thereof "section 18". SEC. 372. OBSOLETE REFERENCES TO HEALTH, EDUCATION, AND WELFARE. (a) REFERENCES IN NATIONAL SCHOOL LUNCH ACT.—Clause (1) of

the sixth sentence of section 17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". 0)) REFERENCES IN CHILD NUTRITION ACT OF 1966.—(1) The Child Nutrition Act of 1966 is amended by striking out "Health, Education, and Welfare" each place it appears in section 4(a) (42 U.S.C. 1773(a)), subsections 03X6), a)X13), (e)(2), (k)(D, and (k)(2) of section 17 (42 U.S.C. 1786), and subsections (d)(2) and (d)(3) of section 19 (42 U.S.C. 1788) and inserting in lieu thereof "Health and Human Services''. (2) Section 19(j)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(j)(3)) is amended by striking out "Office of Education of the Department of Health, Education, and Welfare" and inserting in lieu thereof "Department of Education". SEC. 373. CONFORMING AMENDMENTS.

(a) DEFINITION OF SECRETARY.—Section 12(d) of the National

School Lunch Act (42 U.S.C. 1760(d)) is amended by adding at the end thereof the following new paragraph: "(8) 'Secretary' means the Secretary of Agriculture.". (b) REDESIGNATION OF SUBSECTION.—Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) (as amended by sections 315, 362, and 3720t)X2)) is further Eimended by redesignating subsection (j) as subsection (i). Subtitle F—Sale of Agricultural Notes and Other Obligations SEC. 381. SALE OF AGRICULTURAL NOTES AND OTHER OBLIGATIONS.

(a) IN GENERAL.—The Secretary of Agriculture shall, under such terms as the Secretary may prescribe, sell notes and other obligations held in the Rural Development Insurance Fund established under section 309A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1929a) in such amounts as to realize net proceeds of not less than— .„ (1) $25,000,000 from such sales during fiscal year 1987; (2) $36,000,000 from such sales during fiscal year 1988; and (3) $37,000,000 from such sales during fiscal year 1989. (b) COLLECTION AND SALE OF NOTES.—The second sentence of

section 309A(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1929a(e)) is amended— (1) by inserting "and other obligations" after "Notes"; and

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.). (2) by striking out the period at the end thereof and inserting •G the following: ", including sale on a nonrecourse basis. The Secretary and any subsequent purchaser of such notes and other obligations sold by the Secretary on a nonrecourse basis shall be relieved of any responsibilities that might have been imposed had the borrower remained indebted to the Secretary.", (c) FARM CREDIT SYSTEM INSTITUTIONS.—Notwithstanding

any

other provision of law, institutions of the Farm Credit System operating under the Farm Credit Act of 1971 (12 U.S.C. 2001) shall be eligible to purchase notes and other obligations held in the Rural Development Insurance Fund and to service (including the extension of additional credit and all other actions necessary to preserve, conserve, or protect the institutions' interests in such notes and other obligations), collect, and dispose of such notes and other obligations, subject only to such terms and conditions as may be Eigreed to by the Secretary of Agriculture and such purchasing institutions and as are approved by the Farm Credit Administration, TITLE V—AVIATION SAFETY SHORT TITLE

J l^,. •

SEC. 501. This title may be cited as the "Aviation Safety Commission Act of 1986".
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COMMISSION ESTABLISHED

SEC. 502. (a) There is established a commission to be known as the Aviation Safety Commission (hereinafter referred to as the "Commission"). (b)(1) The Commission shall be composed of seven members appointed by the President no later than 30 days after the date of enactment of this Act. (2) Appointees to the Commission shall possess extensive experience and expertise at the highest executive levels of public or corporate management. (3) No member of the Commission shall, at the time of such member's appointment, be an employee or officer of the Federal Government, nor shall any member have been an employee of the Federal Government for at least 3 years before such member's appointment to the Commission. (4)(A) At least four members of the Commission, including the Chairman, shall not have performed any service or have been involved in any way in any business concern in air commerce or any aviation-related industry for at least 3 years before their appointment to the Commission. (B) For the purposes of this paragraph, the term "air commerce" has the meaning given to such term in section 101(4) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(4)). (c) The President shall appoint one of the members to serve as Chairman of the Commission. (d) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (e) Four members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

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