text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/763

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-420

status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for any other provisions of existing law: Provided further. That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. SEC. 604. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. SEC. 605. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. SEC. 606. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. SEC. 607. Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federed agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: Provided, That such credits received as exchanged allowances or proceeds of sales of personal property may be used in whole or part pa3ntnent for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury. SEC. 608. No part of any appropriation contained in this or any other Act, shall be available for interagency financing of boards, commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. SEC. 609. Funds made available by this or any other Act to (1) the General Services Administration, including the fund created by the

'

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/764

 101 STAT. 1329-421

PUBLIC LAW 100-202—DEC. 22, 1987

Public Building Amendments of 1972 (86 Stat. 216), and (2) the "Postal Service Fund" (39 U.S.C. 2003), shall be available for employment of guards for all buildings and areas owned or occupied by the United States or the Postal Service and under the charge and control of the General Services Administration or the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain Federal property as otherwise required by the proviso contained in said section and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c): Provided, That when the Administrator of General Services delegates responsibility to protect property under his charge and control to the head of another Federal agency, that agency may employ guards to protect the property who shall have the same powers of special policemen in same manner as the foregoing. SEC. 610. None of the funds available under this or any other Act shall be available for administrative expenses in connection with the designation for construction, arranging for financing, or execution of contracts or agreements for financing or construction of any additional purchase contract projects pursuant to section 5 of the Public Building Amendments of 1972 (Public Law 92-313) during the period beginning October 1, 1976, and ending September 30, 1988. SEC. 611. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which hgis been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. SEC. 612. No part of any appropriation contained in, or funds made available by this or any other Act, shall be available for any agency to pay to the Administrator of the General Services Administration a higher rate per square foot for rental of space and services (established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended) than the rate per square foot established for the space and services by the General Services Administration for the fiscal year for which appropriations were granted. 5 USC 5343 note. SEC. 613. (a)(1) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for the fiscal years ending September 30, 1988, or September 30, 1989, by this Act or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code, or any employee covered by section 5348 of that title— (1) during the period from the date of expiration of the limitation imposed by section 613 of the Treasury, Postal Service, and General Government Appropriations Act, 1987, as incorporated in section lOl(m) of Public Laws 99-500 and 99591, until the first day of the first applicable pay period that begins not less than ninety days after that date, in an amount that exceeds the rate payable for the applicable grade and step

�

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


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/765

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-422

613; and (2) during the period consisting of the remainder, if any, of fiscal year 1988, and that portion of fiscal year 1989, that precedes the normal effective date of the applicable wage survey . -, adjustment that is to be effective in fiscal year 1989, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) of this subsection by more than the overall average percentage adjustment in the General Schedule during fiscal year 1988. (b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, may be paid during the periods for which subsection (a) of this section is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) For the purpose of this section, the rates payable to an em- Regulations. ployee who is covered by this section and who is paid from a schedule that was not in existence on September 30, 1987, shall be determined under regulations prescribed by the Office of Personnel Management. (d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1987, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section. (e) The provisions of this section shall apply with respect to pay for services performed by any affected employee on or after October 1, 1987. (f) For the purpose of administering any provision of law, including section 8431 of title 5, United States Code, or any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit, that requires any deduction or contribution, or that imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate or salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. (g) Nothing in this section may be construed to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect. (h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. SEC. 614. None of the funds made available in this Act may be used to plan, implement, or administer (1) any reduction in the number of regions, districts or entry processing locations of the United States Customs Service; or (2) any consolidation or centralization of duty assessment or appraisement functions of any offices in the United States Customs Service. SEC. 615. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to renovate, remodel, furnish, or redecorate the office of such department head, agency head, officer, or employee, or to purchase fur-
 * ' of the applicable wage schedule in accordance with such section

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/766

 101 STAT. 1329-423

PUBLIC LAW 100-202—DEC. 22, 1987

niture or make improvements for giny such office, unless advance notice of such renovation, remodeling, furnishing, or redecoration is expressly approved by the Committees on Appropriations of the House and Senate. 40 USC 490b. SEC. 616. (a) If any individual or entity which provides or proposes to provide child care services for Federal employees during fiscal year 1988 or any fiscal year thereafter, applies to the officer or agency of the United States charged with the allotment of space in the Federal buildings in the community or district in which such individual or entity provides or proposes to provide such service, such officer or agency may allot space in such a building to such individual or entity if— (1) such space is available; (2) such officer or sigency determines that such space will be used to provide child care services to a group of individuals of whom at least 50 percent are Federal employees; and ^  (3) such officer or agency determines that such individual or entity will give priority for available child care services in such space to Federal employees. (b)(l) If an officer or agency allots space during fiscal year 1988 or any fiscal year thereafter, to an individual or entity under subsection (a), such space may be provided to such individual or entity without charge for rent or services. (2) If there is an agreement for the payment of costs associated with the provision of space allotted under subsection (a) or services provided in connection with such space, nothing in title 31, United States Code, or any other provision of law, shall be construed to prohibit or restrict payment by reimbursement to the miscellaneous receipts or other appropriate account of the Treasury. (3) For the purpose of this section, the term "services" includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, telephone service (including installation of lines and equipment and other expenses associated with telephone service), and security systems (including installation and other expenses associated with security systems). SEC. 617. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee. 5 USC 1101 note. SEC. 618. (a) None of the funds appropriated by this Act, or any other Act in this or any fiscal year hereafter, may be used in preparing, promulgating, or implementing any regulations relating to the Combined Federal Campaign if such regulations are not in conformance with subsection (b). (b)(l)(A) Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall not, to the extent that such requirements relate to litigation, public-policy advocacy, or attempting to influence legislation, be any more restrictive than any requirements established with respect to those subject matters under section 501(c)(3) or 501(h) of the Internal Revenue Code of 1986. (B) Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall, to the extent that such requirements relate to any subject matter other than one referred to in subparagraph (A), remain the same as the criteria in the 1984 regulations, except as otherwise provided in this section.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/767

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-424

(C) Notwithstanding any requirement referred to in subparagraph (A) or (B), for purposes of any Combined Federal Campaign— (i) any voluntary agency or federated group which was a named plaintiff as of September 1, 1987, in a case brought in the United States District Court for the District of Columbia, and designated as Civil Action No. 83-0928 or 86-1367, and (ii) The Federal Employee Education and Assistance Fund, shall be considered to have national eligibility. (D) Public accountability standards shall remain similar to the Regulations. standards which were by regulation established with respect to the 1984-1987 Combined Federal Campaigns, except that the Office of Personnel Management shall prescribe regulations under which a voluntary agency or federated group which does not exceed a certain size (as established under such regulations) may submit a copy of an appropriate Federal tax return, rather than complying with any independent auditing requirements which would otherwise apply. (2)(A) A voluntary agency or federated group shall, for purposes of any Combined Federal Campaign in any year, be considered to have national eligibility if such agency or group— (i) complies with all requirements for eligibility to receive contributions through the Combined Federal Campaign, without regard to any requirements relating to "local presence"; and (ii) demonstrates that it provided services, benefits, or assistance, or otherwise conducted program activities, in— (I) 15 or more different States over the 3-year period immediately preceding the start of the year involved; or (II) several foreign countries or several parts of a foreign country. For purposes of this subparagraph, an agency or federated group shall be considered to have conducted program activities in the required number of States, countries, or parts of a country, over the period of years involved, if such agency or group conducted program activities in such number of States, countries, or parts either in any single year during such period or in the aggregate over the course of such period, provided that no State, country, or part of a country is counted more than once. (B) Notwithstanding any other provisions, eligibility requirements relating to International Services Agencies shall remsdn at least as inclusive as existing requirements. Any voluntary agency or federated group which attains national eligibility under subparagraph (A), and any voluntary agency which is a member of the International Services Agencies, shall be considered to have satisfied any requirements relating to "local presence". (3)(A) If a federated group is eligible to receive donations in a Combined Federal Campaign, whether on a national level (pursuant to certification by the Office) or a local level (pursuant to certification by the local Federal coordinating committee), each voluntary agency which is a member of such group may, upon certification by the federated group, be considered eligible to participate on such national or local level, as the case may be. (B) Notwithstanding any provision of subparagraph (A)— (i) the Office may require a voluntary agency to provide information to support any certification submitted by a federated group with respect to such agency under subparagraph (A); and (ii) if a determination is made, in writing after notice and opportunity to submit written comments, that the information

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/768

 101 STAT. 1329-425 ...

PUBLIC LAW 100-202—DEC. 22, 1987

submitted by the voluntary agency does not satisfy the applicable eligibility requirements, such agency may be barred from participating in the Combined Federal Campaign on a national or local level, as the case may be, for a period not to exceed 1 campaign year. (4) The Office shall exercise oversight responsibility to ensure that— (A) regulations are uniformly and equitably implemented in ^>,,,r, all local combined Federal campaigns; (B) federated groups participating in a local combined Federal campaign are allowed to compete fairly for the role of principal combined fund organization; (C) federated groups participating in a local combined Federal campaign are afforded— f (i) adequate opportunity to consult with the PCFO for the area involved before any plans are made final relating to the design or conduct of such campaign (including plans pertaining to any materials to be printed as part of the campaign); (ii) adequate opportunity to participate in campaign events and other related activities; and ': (iii) timely access to all reports, budgets, audits, and other records in the possession of, or under the control of, the PCFO for the areas involved; and i' •*• (D) a federated group or voluntary agency found by the Office, by a written decision issued after notice and opportunity to submit written comments, to have violated the regulations may be barred from serving as a PCFO for not to exceed 1 campaign year. Regulations. (5) The Office shall prescribe regulations to ensure that PCFOs do not make inappropriate delegations of decisionmaking authority. (6)(A) The Office shall, in consultation with federated groups, establish a formula under which any undesignated contributions received in a local combined Federal campaign shall be allocated in any year. (B) Under the formula for the 1990 Combined Federal Campaign, all undesignated contributions received in a local campaign shall be allocated as follows: (i) 82 percent shall be allocated to the United Way. (ii) 7 percent shall be allocated to the International Services Agencies. (iii) 7 percent shall be allocated to the National Voluntary Health Agencies. £ J (iv) 4 percent shall, after fair and careful consideration of all eligible federated groups and agencies, be allocated by the local Federal coordinating committee among any or all of the following: (I) National federated groups (other than any identified group shall not be eligible under this subclause unless there are at least 15 members of such group participating in the local campaign, unless the members of such group collectively receive at least 4 percent of the designated contributions in the local campaign, and unless such group was granted national eligibility status for the 1987, 1988, 1989, i?.. J. ' or 1990 Combined Federal Campaign. ',., (II) Local federated groups. «-JK t:?^ v.. H * ^^
 * -t. K/ in clauses (i), (ii), or (iii)), except that a national federated

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/769

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-426

(III) Any local, non-affiliated voluntary agency which receives at least 4 percent of the designated contributions in the local campaign. (C) The formula set forth in subparagraph (B)— (i) shall be phased in over the course of the 1988 and 1989 Combined Federal Campaigns; (ii) shall be fully implemented with respect to the 1990 Combined Federal Campaigns; and (iii) shall, with respect to any Combined Federal Campaign thereafter, be adjusted based on the experience gained in the Combined Federal Campaigns referred to in clauses (i) and (ii). (D) Nothing in this paragraph shall apply with respect to any campaign conducted in a foreign country. (E) All appropriate steps shall be taken to encourage donors to make designated contributions. (7) The option for a donor to write in the name of a voluntary agency or federated group not listed in the campaign brochure to receive that individual's contribution in a local campaign shall be eliminated. (8) The name of any individual making a designated contribution in a campaign shall, upon request of the recipient voluntary agency or federated group, be released to such agency or group, unless the contributor indicates that his or her name is not to be released. Under no circumstance may the names of contributors be sold or otherwise released by such agency or group. (9)(A) The name of each participating voluntary agency and federated group, together with a brief description of their respective programs, shall be published in any information leaflet distributed to employees in a local combined Federal campaign. Agencies shall be arranged by federated group, with combined Federal campaign organization code numbers corresponding to each such agency and group. 2' (B) The requirement under subparagraph (A) relating to the inclusion of program descriptions may, at the discretion of a local Federal coordinating committee, be waived for a local campaign in any year if, in the immediately preceding campaign year, contributions received through the local campaign totalled less than $100,000. (10) Employee coercion is not to be tolerated in the Combined Federal Campaign, and protections against employee coercion shall be strengthened and clarified. (11) The Office— (A) may not, after the date of the enactment of this Act, grant national eligibility status to any federated group unless such group has at least 15 member voluntary agencies, each of which meets the requirements for national eligibility under paragraph (2)(A); and (B) may withdraw federation status from any federated group for a period of not to exceed 1 campaign year if it is determined, on the record after opportunity for a hearing, that the federated group has not complied with the regulatory requirements. (12) The Office may bar from participation in the Combined Federal Campaign, for a period not to exceed 1 campaign year, any voluntary agency which the Office determines, in writing, and after notice and opportunity to submit written comments, did not comply with a reasonable request by the Office to furnish it with information relating to such agency's campaign accounting and auditing practices. " Copy read "(8)".

91-194 O - 90 - 25: QL.3 Part 2

j,

- ->-, <

-m

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/770

 101 STAT. 1329-427

PUBLIC LAW 100-202—DEC. 22, 1987

(c) For purposes of this section, a voluntary agency or federated group having "national eligibility" is one which is eligible to participate in each local domestic combined Federal campaign. , INDUSTRIAL F U N D I N G OF THE GENERAL SUPPLY F U N D t

SEC. 619. Industrial Funding. 2 (a) PERMISSIBLE USES OF GENERAL SUPPLY FUND.—The last sen® tence of section 109(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 756(a)) is amended— (1) by striking out "and" at the end of clause (1); and 'i (2) by inserting before the period at the end of clause (2) the following: ", and (3) for paying other direct costs of, and indirect ^ costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountabil\" ity of property and nonpersonal services provided by the Gen' eral Services Administration or by special order through such Administration". ^®(b) COLLECTION OF PAYMENTS FOR DEPOSIT IN FUND.—Section

109(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 756(b)) is amended by inserting after the second sentence the following new sentence: "Such prices shall also include an additional charge to recover properly allocable costs payable by the General Supply Fund under subsection (a)(3) with respect to the supplies or services concerned.". 40 USC 756 note. ^°(c) IMPLEMENTATION PLAN.—Not later than February 15, 1988, the Administrator of General Services shall submit to the appropriate committees of the Congress a plan for the implementation of the amendments made by this Act. Such plan shall (1) fully describe and explain the accounting system (including the pricing and cost allocation methodology for supplies and services) to be used for such implementation, and (2) contain a schedule for completing actions necessary for such implementation. 40 USC 756 note. ^ * (d) EFFECTIVE DATE.—The amendments made by this Act shall take effect not later than April 1, 1988. SEC. 620. Section 12O20t)) of title 5, United States Code, is amended by adding a new sentence as follows: "Any new member serving only a portion of a seven-year term in office may continue to serve until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire, unless reappointed.". Reports. SEC. 621. (a) Notwithstanding the provisions of sections 112 and 5 USC note 113 of title 3, United States Code, each Executive agency detailing prec. 3341. ^^y personnel shall submit a report on an annual basis in each fiscal year to the Senate and House Committees on Appropriations on all employees or members of the armed services detailed to Executive agencies, listing the grade, position, and offices of each person detailed and the agency to which each such person is detailed. O> The provisions of this section shall not apply to Federal t) employees or members of the armed services detailed to or from— (1) the Central Intelligence Agency; " Copy read "SUB SECTION 1." 2»Copy read "SUBSec. 2.". " C o p y read " S U B Sec. 3. ". 3 > Copy read "Sec. 4.".

,, '

.-, • '

^,-„„.

•-'• •

,

. '-./ .> ^

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/771

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-428

(2) the National Security Agency; (3) the Defense InteUigence Agency; (4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (5) the Bureau of Intelligence and Research of the Department of State; (6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department ^^" of Justice, the Department of the Treasury, and the Department of Energy performing intelligence functions; and (7) the Director of Central Intelligence. (c) The exemptions in part 0>) of this section are not intended to apply to information on the use of personnel detailed to or from the intelligence agencies which is currently being supplied to the Senate and House Intelligence and Appropriations Committees by the executive branch through budget justification materials and other reports. (d) For the purposes of this section, the term "Executive agency" ^^^ has the same meeming as defined under section 105 of title 5, United States Code (except that the provisions of section 104(2) of title 5, United States Code shall not apply) and includes the White House Office, the Executive Residence, and any office, council, or organizational unit of the Executive Office of the President. SEC. 622. (a) None of the funds made available by this or any other Act with respect to any fiscal year may be used to make a contract for the manufacture of distinctive paper for United States currency and securities pursuant to section 5114 of title 31, United States Code, with any corporation or other entity owned or controlled by persons not citizens of the United States, or for the manufacture of such distinctive paper outside of the United States or its possessions. This subsection shall not apply if the Secretary of the Treasury determines that no domestic msmufacturer of distinctive paper for United States currency or securities exists with which to make a contract and if the Secretary of the Treasury publishes in the Federal Register a written finding stating the basis for the determination. (b) None of the funds made available by this or any other Act with respect to any fiscal year may be used to procure paper for passports granted or issued pursuant to the first section of the Act entitled "An Act to regulate the issue and validity of passports, and for other purposes", approved July 3, 1926 (22 U.S.C. 211a), if such paper is manufactured outside of the United States or its possessions or is procured from any corporation or other entity owned or controlled by persons not citizens of the United States. This subsection shall not apply if no domestic manufacturer for passport paper exists. SEC. 623. INTEREST ON BACK PAY FOR FEDERAL EMPLOYEES.—(a) I N

GENERAL.—Section 5596(b) of title 5, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by adding after paragraph (1) the following: "(2)(A) An amount payable under paragraph (IXAXi) of this subsection shall be payable with interest. "(B) Such interest— ' Copy read "Depatment". ' Copy read " 'Executive agency' ".

31 USC 5114 note.

Contracts. Federal Register, publication.

22 USC 211a note.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/772

 101 STAT. 1329-429

PUBLIC LAW 100-202—DEC. 22, 1987

"(i) shall be computed for the period beginning on the effective date of the withdrawal or reduction involved and ending on a date not more than 30 days before the date on which payment is made; "(ii) shall be computed at the rate or rates in effect under is section 6621(a)(l) of the Internal Revenue Code of 1986 during the period described in clause (i); and ,«.' "(iii) shall be compounded daily. "(C) Interest under this paragraph shall be paid out of amounts available for payments under paragraph (1) of this subsection.". 5 USC 5596 note.

(b) EFFECTIVE D A T E. —

(1) GENERALLY.—Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to any employee found, in a final judgment entered or a final decision otherwise rendered on or after such date, to have been the subject of an unjustified or unwarranted personnel action, the correction of which entitles such employee to an amount under section 5596(b)(l)(A)(i) of title 5, United States Code. (2) EXCEPTION.— (A) CASES IN WHICH A RIGHT TO INTEREST WAS RESERVED.—

The amendments made by subsection (a) shall also apply .^^^ with respect to any claim which was brought under section 5596 of title 5, United States Code, and with respect to , , which a final judgment was entered or a final decision was otherwise rendered before the date of the enactment of this Act, if, under terms of such judgment or decision, a right to interest was specifically reserved, contingent on the enactment of a statute authorizing the payment of interest on claims brought under such section 5596. (B) METHOD OF COMPUTING INTEREST.—The amount of interest payable under this paragraph with respect to a ^. claim shall be determined in accordance with section 5596(b)(2)(B) of title 5, United States Code (as amended by ... t: this section). (C) SOURCE.—An amount payable under this paragraph shall be paid from the appropriation made by section 1304 of title 31, United States Code, notwithstsuiding section 5596a)X2XC) of title 5, United States Code (as amended by this section) or any other provision of law. (D) DEADLINE.—An application for a payment under this paragraph shall be ineffective if it is filed after the end of the 1-year period beginning on the date of the enactment of this Act. (E) LIMITATION ON PAYMENTS.—Payments under this paragraph may not be made before October 1, 1988, except that interest shall continue to accrue in accordance with 559603X2XB) of title 5, United States Code. SEC. 624. (a) Section 77010') of title 26, United States Code, is amended— (1) by deleting from paragraph (IXc) the words "the provisions of paragraph (2) and following the words "subject to"; and (2) by deleting paragraph (2) in its entirety and substituting in lieu thereof the following language: "NONDISCRIMINATION REQUIREMENTS.—Notwithstanding any other provision of law, the Thrift Savings Fund is not subject to the nondiscrimination

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/773

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-430

requirements applicable to arrangements described in section 401(k) or to matching contributions (as described in section 401(m)), so long as it meets the requirements of this section.". (b) Section 8440 of title 5, United States Code, is amended— (1) by deleting from paragraph (a)(3) the words "the provisions of subsection (b) and" following the words "subject to"; and (2) by deleting subsection (b) in its entirety and by substituting in lieu thereof the following language: "NONDISCRIMINATION REQUIREMENTS.—Notwithstanding any other provision of law, the Thrift Savings Fund is not subject to the nondiscrimination requirements applicable to arrangements described in section 401(k) of title 26, United States Code, or to matching contributions (as described in section 401(m) of title 26, United States Code), so long as it meets the requirements of this section.". SEC. 625. TEMPORARY AUTHORITY TO TRANSFER LEAVE.—In order to ensure that the experimental use of voluntary leave transfers established under Public Laws 99-500 and 99-591 may continue and may cover additional employees in fiscal year 1988, the Office of Personnel Management shall establish by regulation, notwithstanding chapter 63 of title 5, United States Code, a program under which the unused accrued annual leave of officers or employees of the Federal Government may be transferred for use by other officers or employees who need such leave due to a personal emergency as defined in the regulations. The Veterans Administration shall establish a similar program for employees subject to section 4108 of title 5, United States Clode. The programs established by this section shall expire at the end of fiscal year 1988, but any leave that has been transferred to an officer or employee under the programs shall remain available for use until the personal emergency has ended, and any remaining unused transferred leave shall, to the extent administratively feasible, be restored to the leave accounts of the officers or employees from whose accounts it was originally transferred. SEC. 626. Subsection 8902 of title 5, United States Code, is amended— (1) by inserting in subsection (k)(D, after "as applicable," the following: "or by a qualified clinical social worker as defined in section 8901(11),"; (2) by inserting in subsection (k)(D, after "such a clinical psychologist" the following: ", qualified clinical social worker"; (3) by striking out all of subsection (k)(2) and by redesignating subsection (k)(3) as subsection (k)(2); and (4) by striking out the last sentence in subsection (m)(2)(A). SEC. 627. (a) Section 5 of Public Law 99-87, relating to the use of official mail in the location of missing children, is amended by striking out "two and one-half years after the date of the enactment of this Act" and inserting in lieu thereof "after December 31, 1992". (b) Section 3(a) of Public Law 99-87 is amended by striking out "Not later than two years after the date of enactment of this Act," and inserting in lieu thereof "Not later than June 30, 1992,". SEC. 628. SALE OF RESIDENCE OF TRANSFERRED FEDERAL EMPLOYEES AND TRANSPORTATION EXPENSES.— (a) REIMBURSEMENT OF EXPENSES OF SALE A N D PURCHASE OF A RESIDENCE U P O N THE TRANSFER OF A FEDERAL EMPLOYEE.— (1) REIMBURSEMENT OF EXPENSES.—Section 5724a(a)(4)(A) of

title 5, United States Code, is amended—

Regulations. ^ USC 6302 note.

~' 39 USC 3220 "o^e39 USC 3220 note-

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/774

 101 STAT. 1329-431

PUBLIC LAW 100-202—DEC. 22, 1987

(A) by inserting before the period at the end of the first sentence the following: "; and expenses, required to be paid by the employee, (i) of the sale of the residence (or the settlement of an unexpired lease) of the employee at the official station from which the employee was transferred when he was assigned to a post of duty located outside the United States, its territories or possessions, the Commonwealth of Puerto Rico, or areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979) and (ii) of the purchase of a residence at ' ^ the new official station when the employee is transferred in the interest of the Government from a post of duty located ;;'• •;..:*outside the United States, its territories or possessions, the '^'-'^''^ ' -^' Commonwealth of Puerto Rico, or areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), to an official station (other than the official station from which he was transferred ii. when assigned to the foreign tour of duty) within the United States, its territories or possessions, the Commonwealth of Puerto Rico, or such areas and installations in the Republic of Panama"; and (B) by adding at the end thereof the following new sentence: 'Reimbursement of expenses prescribed under this paragraph in connection with transfers from a post of duty located outside the United States, its territories or possessions, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to ,. \ the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of J, i.,.. the Panama Canal Act of 1979), shall not be allowed for any sale or settlement of unexpired lease or purchase trans^. •, action that occurs prior to official notification that the '^., employee's return to the United States would be to an official station other than the official station from which the employee was transferred when assigned to the foreign post of duty.". 5 USC 5724a ^, (2) EFFECTIVE DATE.—The amendments made by paragraph (2) note. ''^' shall be applicable with respect to any employee transferred to or from a post of duty on or after 60 days after the date of •,- '. r ' enactment of this section. iitr ^^ FUNDS FOR IMPLEMENTATION.—The amendments made by subsection (a) shall be carried out by agencies by the use of funds appropriated or otherwise available for the administrative expenses ,., r-jj of each of such respective agencies. The amendments made by such ^f',*^^ subsections do not authorize the appropriation of funds in amounts exceeding the sums already authorized to be appropriated for such agencies. SEC. 629. Notwithstanding 31 U.S.C. 1346 or section 607 of this Act, funds made available for fiscal year 1988 by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided in Executive order Number 12472 (April 3, 1984).

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/775

 PUBLIC LAW 100-202—DEC. 22, 1987 ,,

101 STAT. 1329-432

EMPLOYEE DISCLOSURE AGREEMENTS

SEC. 630. No funds appropriated in this or any other Act for fiscal year 1988 may be used to implement or enforce the agreements in Standard Forms 189 and 4193 of the Government or any other nondisclosure policy, form or agreement if such policy, form or agreement: (1) concerns information other than that specifically marked as classified; or, unmarked but known by the employee to be classified; or, unclassified but known by the employee to be in the process of a classification determination; C (2) contains the term "classifiable" ^^; (3) directly or indirectly obstructs, by requirement of prior written authorization, limitation of authorized disclosure, or otherwise, the right of any individual to petition or communicate with Members of Congress in a secure manner as provided by the rules and procedures of the Congress; .} (4) interferes with the right of the Congress to obtain executive branch information in a secure manner as provided by the rules and procedures of the Congress; • •«'* ?. (5) imposes any obligations or invokes any remedies inconsistj ent with statutory law: Provided, That nothing in this section t shall affect the enforcement of those aspects of such nondisclosure policy, form or agreement that do not fall within subsections (l)-(5) of this section. This Act may be cited as the "Treasury, Postal Service and General Government Appropriations Act, 1988". (n)(1) Upon the enactment of this resolution enrolled as a hand Congress. enrollment, the Clerk of the House of Representatives shall prepare 1 USC 106 note. a printed enrollment of this resolution as in the Case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this resolution as enrolled in the hand enrollment. (2) A printed enrollment prepared pursuant to subsection (n)(D may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections. (3) A printed enrollment prepared pursuant to subsection (n)(D shall be signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of this resolution and shall be transmitted to the President. (4) Upon certification by the President that a printed enrollment President of U.S. transmitted pursuant to subsection (n)(3) is a correct printing of the hand enrollment of this resolution, such printed enrollment shall be considered for all purposes as the original enrollment of this resolution and as valid evidence of the enactment of this resolution. (5) A printed enrollment certified by the President under subsec- President of U.S. tion (n)(4) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing this resolution for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed
 * ^ Copy read " 'classifiable' ".

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/776

 101 STAT. 1329-433

Effective date.

4 USC 113 note. 5 USC 5532, 8344. 7 USC 426 note. 12 USC 1749a. 22 USC 5056a. 40 USC 1666-6, 278a note.

PUBLIC LAW 100-202—DEC. 22, 1987

enrollment certified by the President under subsection (n)(4) in lieu of the hand enrollment. (6) As used in this section, the term "hand enrollment" means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, United States Code, as authorized by the joint resolution entitled "Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988", approved December 1987 (H.J. Res. 426 of the 100th Congress). (o) Federal employees furloughed as the result of any lapse in appropriations prior to the enactment of this Resolution shall be compensated at their standard rate of compensation for the period during which there was a lapse in appropriations. All obligations incurred in anticipation of the appropriations made and authority granted by this Resolution for the purpose of maintaining the essential level of activity to protect life and property and bring about the orderly termination of Government functions are hereby ratified and approved if otherwise in accord with the provisions of this Resolution. 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 December 21, 1987, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or 0^) enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) September 30, 1988, whichever first occurs. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred 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 (including a continuing appropriation for the full year) whenever a bill in which such applicable appropriation, fund, or authorization (including a continuing appropriation for the full year) is contained is enacted into law. SEC. 105. Section 1515 of title 31 of the United States Code is amended by striking subsection (a) and inserting in lieu thereof the following: "(a) An appropriation required to be apportioned under section 1512 of this title may be apportioned on a basis that indicates the need for a deficiency or supplemental appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees (including prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5) and to retired and active military personnel." SEC. 106. The provisions of appropriations Acts within the purview of this joint resolution, and the provisions of appropriations Acts within the purview of the following joint resolutions making continuing appropriations (section 101(c) of Public Law 96-86 (93 Stat. 657), section 101(f) of Public Law 98-151 (97 Stat. 973), section 101(b) of Public Law 98-473 (98 Stat. 1837), section 101(a) and (c) of Public Law 99-190 (99 Stat. 1185, 1224), and section 101(g), (i), and (1)

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/777

 PUBLIC LAW 1 0 0 - 2 0 2 - D E C. 22, 1987

101 STAT. 1329-434

of Public Laws 99-500 and 99-591 (100 Stat. 1783-242, 1783-287, 1783-308, 3341-242, 3341-287, 3341-308)), shall (to the extent and in the manner specified in the pertinent section of any such joint resolution) be effective as if enacted into law. Those provisions are effective on the date of enactment of the pertinent joint resolution except to the extent a different effective date is specified in the joint resolution or pertinent appropriations Act. SEC. 107. Amounts and authorities provided by this resolution shall be in accordance with the reports accompanying the bills as passed by or reported to the House and the Senate and in the Joint Explanatory Statement of the Conference accompanying this Joint Resolution. SEC. 108. (a) Notwithstanding any other provision of this resolution or any other law, no adjustment in rates of pay under section 5305 of title 5, United States (Dode, which becomes effective on or after October 1, 1987, and before October 1, 1988, shall have the effect of increasing the rate of salary or basic pay for any office or position in the legislative, executive, or judicial branch or in the government of the District of Columbia— (1) if the rate of salary or basic pay payable for that office or position as of September 30, 1987, was equal to or greater than the rate of basic pay then payable for level V of the Executive Schedule under section 5316 of title 5, United States Code; or (2) to a rate exceeding the rate of basic pay payable for level V of the Executive Schedule under such section 5316 as of September 30, 1987, if, as of that date, the rate of salary or basic pay payable for that office or position was less than the rate of basic pay then payable for such level V. (b) For purposes of subsection (a), the rate of salary or basic pay payable as of September 30, 1987, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed— (1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia; (2) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or • (3) by the Chief Justice of the United States, in the case of any •'' office or position within the judicial branch. SEC. 109. (a)(l) None of the funds appropriated for fiscal year 1988 by this Resolution or any other law may be obligated or expended to enter into any contract for the construction, alteration, or repair of any public building or public work in the United States or any territory or possession of the United States with gmy contractor or subcontractor of a foreign country, or any supplier of products of a foreign country, during any period in which such foreign country is listed by the United States Trade Representative under subsection (c) of this section. (2) The President or the head of a Federal agency administering the funds for the construction, alteration, or repair may waive the restrictions of paragraph (1) of this subsection with respect to an individual contract if the President or the head of such agency determines that such action is necessary in the public interest. The authority of the President or the head of a Federal agency under

42 USC 1437b note, 1437o, 5318, 8821, 11361 note. 49 USC app. 2311. Effective date.

Reports.

5 USC 5305 note.

Regulations.

President of U.S.

40 USC 601 note.

President of U.S.

�


text: The Yellow Book/Volume 6

title: The Yellow Book/Volume 6


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/778

 101 STAT. 1329-435 Federal Register, publication.

''.:i' ic? Jn°'

Max

Reports.

Federal Register, publication.

PUBLIC LAW 100-202—DEC. 22, 1987

this paragraph may not be delegated. The President or the head of a Federal agency waiving such restrictions shall, within 10 days, publish a notice thereof in the Federal Register describing in detail the contract involved and the reason for granting the waiver. ObXD Not later than 30 days after the date of enactment of this Resolution, the United States Trade Representative shall make a determination with respect to each foreign country of whether such foreign country— •'',' (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) In making determinations under paragraph (1), the United States Trade Representative shall take into account information obtained in preparing the report submitted under section 1810t)) of the Trade Act of 1974 and such other information or evidence concerning discrimination in construction projects against United States products and services that are available. (c)(1) The United States Trade Representative shall maintain a list of each foreign country which— (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) Such list shall include— (A) each foreign country with respect to which an affirmative 54.- determination is made under subsection (b); and gi< (B) the country of Japan and any other country which has expressed a policy of during fair and equitable market opportunities for products and services of the United States in procurement or bidding for projects described in paragraph (1) of this subsection. (3) Any foreign country that is initially listed or that is added to the list maintained under paragraph (1) shall remain on the list until— (A) such country removes the barriers in construction projects to United States products and services; (B) such country submits to the President or the United States Trade Representative evidence demonstrating that such barriers have been removed; and (C) the United States Trade Representative conducts an investigation to verify independently that such barriers have been removed and submits, at least 30 days before granting any such waiver, a report to each House of the Congress identifying the barriers and describing the actions taken to remove them. (4) The United States Trade Representative shall publish in the Federal Register the entire list required under paragraph (1) and shall publish in the Federal Register any modifications to such list that are made after publication of the original list.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/779

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-436

(d) For purposes of this section— (1) each foreign instrumentality, and each territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country; (2) any contractor or subcontractor that is a citizen or naj tional of a foreign country, or is controlled directly or indirectly by citizens or nationals of a foreign country, shall be considered ^ to be a contractor or subcontractor of such foreign country; (3) subject to paragraph (4), any product that is produced or manufactured (in whole or in substantial part) in a foreign country shall be considered to be a product of such foreign country; (4) the restrictions of subsection (a)(1) shall not prohibit the ^ use, in the construction, alteration, or repair of a public building or public work, of vehicles or construction equipment of a foreign country; and (5) the terms "contractor" and "subcontractor" include any s person performing any architectural, engineering, or other services directly related to the preparation for or performance of the t.i construction, alteration, or repair. (e) Paragraph (a)(1) of this section shall not apply to contracts entered into prior to the date of enactment of this Resolution. (f) The provisions of this section are in addition to, and do not limit or supersede, any other restrictions contained in any other Federal law. SEC. 110. (a) ADJUSTMENTS FOR EMPLOYEES UNDER STATUTORY PAY SYSTEMS.— (1) TWO-PERCENT INCREASE.—Notwithstanding any other

I

5 USC 5305 note.

provision of law, in the case of fiscal year 1988, the overall percentage of the adjustment under section 5305 of title 5, United States C!ode, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 2 percent. (2) UNIFORM ADJUSTMENTS; DELAYED EFFECTIVE DATE.—Each

increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of y the same percentage and shall take effect as of the beginning of the first applicable pay period beginning on or after January 1, " 1988. (b) Two PERCENT MILITARY PAY RAISE FOR FISCAL YEAR 1988.— Section 601 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180) is amended by striking 37 USC 403 note. out subsections (b), (c), and (d) and inserting in lieu thereof the following: "(h) Two PERCENT INCREASE IN BASIC PAY, B A Q, AND BAS.—The

rates of basic pay, basic allowance for quarters, and basic allowance for subsistence of members of the uniformed services are increased by 2 percent effective on January 1, 1988. "(c) Two

Effective date. 37 USC 1009 note.

PERCENT INCREASE IN CADET AND MIDSHIPMAN PAY.—

Effective on January 1, 1988, section 203(c)(1) of title 37, United States Code, is amended by striking out '$494.40' and inserting in lieu thereof '$504.30'.".

Effective date.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/780

 101 STAT. 1329-437

PUBLIC LAW 100-202—DEC. 22, 1987 ASSISTANCE TO THE NICARAGUAN DEMOCRATIC RESISTANCE

SEC. 111. (a) There are hereby transferred to the President $8,600,000 of unobligated funds, from such accounts for which appropriations were made by Department of Defense appropriations Acts for the fiscsil year 1987 or prior years, as the President shall designate, to provide humanitarian assistance to the Nicaraguan democratic resistance consistent with this section, to remain available through February 29, 1988. President of U.S. (b)(l) The President is authorized to transfer or reprogram $4,500,000 of unobligated funds from such accounts for which appropriations were made by Department of Defense appropriations Acts for the fiscal year 1987 or prior fiscal years, as the President shall designate, to provide transportation of humanitarian and other assistance previously, specifically authorized by law to the Nicaraguan democratic resistance, to remain available through February 29, 1988. (2)(A) Transportation under paragraph (1) for lethal assistance previously authorized by law shall be suspended on January 12, 1988 and shall resume thereafter only if, after January 18, 1988, the President determines and certifies to the Congress that: (i) at the time of such certification no ceasefire is in place that was agreed to by the Government of Nicaragua and the Nicaraguan democratic resistance; (ii) the failure to achieve the ceasefire described in subpara, graph (A)(i) results from the lack of good faith efforts by the Government of Nicaragua to achieve such a ceasefire; and fc.? ' / (iii) the Nicaraguan democratic resistance has engaged in good faith efforts to achieve the ceasefire described in subparagraph (A)(i). (B) Transportation under paragraph (1) for lethal assistance previously authorized by law shall be suspended during any period in which there is in place a ceasefire described in subparagraph (A)(i), except to the extent, if any, permitted by the agreement governing such ceasefire. (c)(1) The Department of Defense shall, through February 29, 1988, make available to the department or agency administering this section passive air defense equipment to ensure the safety of transportetion provided pursuant to this section. (2) The Department of Defense shall not charge the department or agency receiving equipment under paragraph (1) for such equipment, and shall bear the risk of loss, damage or deterioration of such equipment during the period of its use under the authority of paragraph (1). President of U.S. (d)(l) The President is authorized to transfer unobligated funds from such accounts for which appropriations were made by Department of Defense appropriations Acts for the fiscal year 1987 or prior fiscal years, as the President shall designate, solely for the indemnification through February 29, 1988, of aircraft leased after the date of enactment of this ioint resolution to carry out subsection (b). (2) On March 1, 1988, the President shall transfer the balance, if any, remaining of funds transferred under paragraph (1) to the accounts from which such funds were transferred under paragraph M,,h'.v^--r:,^-

(1).

(e) As used in this section, the term "humanitarian assistance" means only food, clothing, shelter, medical services, medical supplies, and payment for such items.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/781

 ^

PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-438

(f) The requirements, terms and conditions of section 104 of the Intelligence Authorization Act, Fiscal Year 1988 (Public Law 100178), section 8144 of the Department of Defense Appropriations Act, 1988 as contained in section 101(b) of this joint resolution, section 10 of Public Law 91-672, section 502 of the National Security Act of 1947, section 15(a) of the State Department Basic Authorities Act of 1956, and any other provision of law shall be deemed to have been met for the transfer and use consistent with this section of the funds made available by subsections (a), (b), and (d), and the transfer and use of equipment as provided in subsection (c). (g) The authority to support, monitor, and manage the activities for which this section provides funds shall continue until February 29, 1988. (h) Sections 203(e), 2040)), 207, 209(b), 209(c), and 216, and the first sentence of section 203(d), in "TITLE II—CENTRAL AMERICA" in section lOl(k) of the continuing appropriations resolution for the fiscal year 1987 (Public Laws 99-500 and 99-591) shall apply with respect to funds made available by this section. (i) If, on January 17, 1988, a cease-fire agreed to by the Govern- President of U.S. ment of Nicaragua and the Nicaraguan democratic resistance is in place and the Government of Nicaragua is in compliance with the Guatemala Peace Accord of August 7, 1987, then the President shall, to the maximum extent practicable, make the unobligated balance of funds transferred by subsection (a) available for administration consistent with this section by nonpolitical humanitarian international organizations. (j)(1) The President may submit to Congress, no earlier than January 25, 1988, and no later than January 27, 1988, a request in accordance with this section for budget and other authority to provide additional assistance for the Nicaraguan democratic resistance. (2) Only if a joint resolution approving a request made pursuant to subsection (j)(1) has been enacted into law, the President may submit to Congress one additional request under this section for budget and other authority to provide additional assistance for the Nicaraguan democratic resistance. (3) It is the sense of Congress that any request in accordance with this section should be compatible with the Guatemala Peace Accord of August 7, 1987, and the decisions reached by the Central American presidents at the meeting on the report of the International Commission of Verification and Followup, and consistent with the national security interests of the United States. (4) Each request of the President in accordance with this section Reports. shall include a detailed statement of the steps that the United States, the Central American nations, and other interested parties have taken in support of the Guatemala Peace Accord of August 7, 1987, and of any ceasefire agreed to by the Government of Nicaragua and the Nicaraguan democratic resistance, as well as a report on £my progress made in any bilateral or multilateral talks between the United States and the Government of Nicaragua. (5) If a request of the President in accordance with this section proposes the transfer of funds, the request shall specify the accounts from which the funds are proposed to be transferred. (6) For purposes of this section, the term "joint resolution" means only a joint resolution introduced within one day of session after the day of session on which the Congress receives the request submitted by the President pursuant to paragraphs (1) or (2)—

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/782

 101 STAT. 1329-439

J *c -r-> n i
 * i

,,,,.^fi

PUBLIC LAW 100-202—DEC. 22, 1987

(A) the matter after the resolving clause of which is as follows: "That the Congress hereby approves the additional authority and assistance for the Nicaraguan democratic resistance that the President requested pursuant to H.J. Res. 895 of the 100th Congress, the Act making continuing appropriations for fiscal year 1988."; (B) which does not have a preamble; and (C) the title of which is as follows: "Joint Resolution relating to . r Central America pursuant to H.J. Res. 395 of the 100th Congress.". (7) Any such joint resolution shall, upon introduction, be referred in the House of Representatives to the appropriate committee or committees. (8) If all of the committees of the House of Representatives to which the first joint resolution approving a request made pursuant to subsection OXD heis been referred have not reported such joint resolution by the end of February 1, 1988, any committee which has not reported such joint resolution shall be discharged from further consideration thereof on February 2, 1988 and such joint resolution shall be placed on the appropriate calendar of the House. (9) If all of the committees of the House of Representatives to which the first joint resolution approving a request made pursuant to subsection (j)(2) has been referred have not reported such joint resolution by the end of ten days of session after such joint resolution was introduced, any committee which has not reported such joint resolution shall be discharged from further consideration thereof and such joint resolution shall be placed on the appropriate calendar of the House. (10) On February 3, 1988, it is in order for any Member of the House of Representatives (after consultation with the Speaker as to the most appropriate time for consideration) to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the joint resolution approving a request made pursuant to subsection (j)(l). (11) It is in order for any Member of the House of Representatives (after consultation with the Speaker as to the most appropriate time for consideration) to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the joint resolution approving a request made pursuant to subsection (j)(2) at any time after such joint resolution has been on the calendar for a period of five days of session, except that it shall not be in order to consider such joint resolution prior to July 1, 1988. (12) In the House of Representatives, the vote on final passage of the joint resolution approving a request made pursuant to subsection (j)(1) shall occur no later than February 3, 1988, and the vote on final psissage of the joint resolution approving a request made pursuant to subsection (j)(2) shall occur no later than September 30, 1988. (k)(1) The motion that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of a joint resolution in accordance with this section is highly privileged and is in order even though a previous motion to the same effect has been disagreed to. All points of order against the joint resolution and against its consideration are waived. If the motion is agreed to, the resolution shall remain the unfinished business of the House until disposed of. _ _ _^

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/783

 ^

PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-440

(2) Debate on the joint resolution shall not exceed ten hours, which shall be divided equally between a Member favoring and a Member opposing the joint resolution. A motion to limit debate is in order at any time in the House or in the Committee of the Whole and is not debatable. (3) An amendment to the joint resolution is not in order. (4) At the conclusion of the debate on the joint resolution, the Committee of the Whole shall rise and report the joint resolution back to the House, and the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion. (IXD A joint resolution described in subsection (j)(6) introduced in the Senate shall be referred to the appropriate committee of the Senate. (2) If the committee to which is referred a joint resolution described in subsection (j)(6) has not reported such a resolution at the end of February 2, 1988, in the case of a resolution approving a request made pursuant to subsection (jKX), hereinafter referred to as the first resolution, and at the end of 15 days of session after the introduction of a resolution approving a request made pursuant to subsection (j)(2), hereinafter referred to as the second resolution, such committee shall be discharged from further consideration of any such joint resolution. The second such resolution may not be reported before the eighth day of session after its introduction. (3)(A) When the committee to which a Resolution is referred has reported, or has been discharged (under paragraph (2)) from further consideration of, a resolution described in subsection (j)(6)i notwithstanding any rule or precedent of the Senate, including Rule 22, it is in order only on February 4, 1988 in the case of the first, and any time in July, August or September 1988 in the case of the second (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is not debatable. The motion is not subject to a motion to postpone. A yea and nay vote shall occur on the motion. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the Senate until disposed of. (B) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between the Majority and the Minority Leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Immediately following the conclusion of debate on a resolution described in subsection (j)(6), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on passage of the resolution shall occur. (D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a resolution described in subsection (j)(6) shall be decided without debate.

.-..;. ^ • •^'

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/784

 101 STAT. 1329-441

100 Stat. ^^3-307, 99 Stat 249

PUBLIC LAW 100-202—DEC. 22, 1987

(E) The vote on passage of the first such joint resolution in the Senate shall occur no later than 10:00 p.m., February 4, 1988, and on the second such joint resolution not before July 1, 1988, and no later than 10:00 p.m., September 30, 1988. (4) If, before the passage by the Senate of a resolution of the Senate described in subsection (j)(^). the Senate receives from the House of Representatives a resolution described in subsection (j)(6)> then the following procedures shall apply: (A) The resolution of the House of Representatives shall not be referred to a committee. (B) With respect to a resolution described in subsection 0')(6) in the Senate— (i) the procedure in the Senate shall be the same as if no resolution had been received from the House; but (ii) the vote on passage shall be on the resolution of the House. (C) Upon disposition of the resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate. (5) If the Senate receives from the House of Representatives a resolution described in subsection (j)(^) after the Senate has disposed of a Senate originated resolution, the action of the Senate with regard to the disposition of the Senate originated resolution shall be deemed to be the action of the Senate with regard to the House originated resolution. (m)(1) Section 215 in "TITLE II—CENTRAL AMERICA" in section lOl(k) of the continuing appropriations resolution for the fiscal year 1987 (Public Laws 99-500 and 99-591), and subsections (p), (s) and (t) of section 722 of the International Security and Development Cooperation Act of 1985 are hereby repealed, and the provisions of section 8066 of the Department of Defense Appropriations Act, 1985, as contained in Public Law 98-473, shall not apply to any request for assistance to the Nicaraguan democratic resistance. (2) Subsections (jhO) are enacted— (A) as an exercise in the rulemaking powers of the House of Representatives and Senate, and as such they are deemed a part of the Rules of the House and the Rules of the Senate, respectively, but applicable only with respect to the procedure to be followed in the House and the Senate in the case of joint resolutions under this section, and they supercede other rules only to the extent that they are inconsistent with such rules; and (B) with full recognition of the constitutional right of the House and the Senate to change their rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House or Senate, and of the right of the Committee on Rules of the House of Representatives to report a resolution for the consideration of any measure. (3) As used in this subsection, the term "day of session" means a day on which the respective House is in session. SEC. 136. (a) Paragraph (37) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)) is amended by adding at the end thereof the following new subparagraph: "(F)(i) For purposes of this title a qualified football coaches plan— "(I) shall be treated as a multiemployer plan to the extent not inconsistent with the purposes of this subparagraph; and v > at

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/785

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-442

"(11) notwithstanding section 401(k)(4)(B) of such Code, may include a qualified cash and deferred arrangement, "(ii) For purposes of this subparagraph, the term 'qualified football coaches plan' means any defined contribution plan which is established and maintained by an organization— "(I) which is described in section 501(c); "(II) the membership of which consists entirely of individuals who primarily coach football as full-time employees of 4-year colleges or universities described in section 170(b)(l)(A)(ii); and "(III) which was in existence on September 18, 1986." (b) The amendment made by this section shall apply to years Effective date. beginning after the date of the enactment of this joint resolution. 29 USC 1002 SEC. 137. (a) The amounts made available for Star Schools under note. section 101(h) of this joint resolution shall be available for carrying out the provisions of title IX of the Education for Economic Security Act, relating to Star Schools, as contained in section 6005 of the Senate amendment to H.R. 5. (b) The amounts made available for the workplace literacy program under section 101(h) of this joint resolution shall be for carrying out the provisions of section 317 of the Adult Education Act, as contained in the Senate amendment to H.R. 5. (c) The amounts made available for dropout prevention under section 101(h) of this joint resolution shall be available for part A and part C of title VIII of the Senate amendment to H.R. 5: Provided, That (1) the first category of local educational agencies for allotment under part A shall include such agencies with a total enrollment of 100,000 or more students and 25 percent of the amount appropriated shall be allotted for such category, (2) the second such category shall be agencies having a total enrollment of 20,000 but less than 100,000 and 40 percent of the amount appropriated shall be allotted to the second category, and (3) the third such category of agencies shall be allotted 30 percent of the amount appropriated. SEC. 138. (a)(1) For the purposes of making adjustments under section 619(a)(2)(E) of the Education of the Handicapped Act for fiscal year 1987, the number of handicapped children aged 3 to 5, inclusive receiving special education and related services for purposes of section 619(a)(2)(A)(iiXII) of such Act shall be equal to the number of such children receiving special education and related services on December 1, 1987, or, if the State educational agency so chooses, the number of such children on March 1, 1988. (2) In complying with paragraph (1), the Secretary of Education may not use the March 1 count for the purpose of this subsection unless it is received by the Secretary not later than April 15, 1988. (3) For the purpose of this subsection, only children aged three to five, inclusive, as of December 1, 1987, may be included in the March 1, 1988, count. (b) The provisions of subsection (a) shall be effective as if enacted Effective date. on October 8, 1986. SEC. 139. There is authorized $10,000,000 to establish the Warren G. Magnuson Foundation and Margaret Chase Smith Foundation Assistance Act. SEC. 140. (a) In recognition of the public service of Senator Warren Warren G. G. Magnuson, the Secretary of Education shall make grants, in Magnuson. accordance with the provisions of this joint resolution, to the Grants. Warren G. Magnuson Foundation for use in the development and activities of the Warren G. Magnuson Health Services Center at the

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/786

 101 STAT. 1329-443

Margaret Chase Smith. Grants.

40 USC 174J-1 note.

PUBLIC LAW 100-202—DEC. 22, 1987

University of Washington at Seattle, Washington, and for other health and education related activities of the Foundation. (b) In recognition of the public service of Senator Margaret Chase Smith, the Secretary of Education shall make grants, in accordance with the provisions of this joint resolution to the Margaret Chase Smith Foundation for use in the development and activities of the Margaret Chase Smith Library Center, located in Skowhegan, Maine. (c) No payment may be made under this joint resolution unless an application is made to the Secretary of Education at such time, in such manner, and containing or accompanied by such information as the Secretary of Education may require. SEC. 141. (a) There are authorized to be appropriated such sums, not to exceed $5,000,000 as may be necessary to carry out the provisions of section 140(a) of this joint resolution. (b) There are authorized to be appropriated such sums, not to exceed $5,000,000 as may be necessary to carry out the provisions of section 1400t)) of this joint resolution. (c) Funds appropriated under this joint resolution shall remain avsdlable until expended. SEC. 144. The Committee on Rules and Administration of the Senate may provide for the distribution of unused food from the Senate cafeterias under the jurisdiction of the committee to the needy of the District of Columbia through an appropriate private distribution organization selected by the committee. SEC. 156. (a) The Secretary of Labor is authorized to make available from funding provided by this joint resolution and authorized by title IV, part B of the Job Training Partnership Act such funds as are necessary to match a Federal Aviation Administration grant to the city of San Marcos, Texas, for the functional replacement of buildings and other facilities at the Gary Job Corps Center, San Marcos, Texas: Provided, That funding made available by this joint resolution for this purpose shall not exceed $372,000. Such funds are necessary to facilitate the transfer of 37 acres, more or less, at the Gary Job Corps Center to the city of San Marcos, pursuant to section 516 of the Airport and Airway Improvement Act of 1982, as amended Gay pending legislation: H.R. 2310/S. 1184, awaiting conference), for development of the San Marcos Municipal Airport. 0)) Notwithstanding any other provision of law, the Secretary of Transportation is authorized, pursuant to section 505(a) of the Airport and Airway Improvement Act of 1982, as amended (by pending legislation), to issue a grant to the city of San Marcos, Texas, for the functional replacement of buildings and other improvements at the Gary Job Corps Center, San Marcos, Texas; such functional replacement shall be considered as airport development as defined in section 503(a)(2) of said Act; further, costs for such functional replacement shall be allowable costs, notwithstanding any provision of section 513(c) of said Act; funds authorized in subsection (a) of this section may be used to provide the needed matching share of the cost of such functional relocation, notwithstanding any provision of section 510 of said Act. (c) For the purpose of this section, no Federal funds used for such functional replacement shall be considered as an expense to the United States as that term is used in section 516 of the Airport and Airway Improvement Act of 1982, as amended (by pending legislation). ^—-'-•—«-.-—-•-> -.,.„.,..,.„„^,...: ,;...,: ^•,.....^-,^..^

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/787

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-444

(d) The 37 acres referenced in subsection (a) of this section are defined as follows: a tract of land being that part of the Job Corps site located south of and adjacent to the aircraft apron of the San Marcos Airport, Caldwell County, Texas. This tract is more particularly described in the following paragraphs: beginning at that northwest corner of the Job Corps site \ which is located near the south edge of the aircraft apron, and is ^, approximately 100 feet northeasterly of the old control tower; thence east along the north boundary of the Job Corps site an approximate distance of 1850 feet to a point in the aircraft ,.. apron; thence northeasterly along a line perpendicular to the center g line of runway 12-30 an approximate distance of 150 feet to a point which is approximately 750 feet from the said center line; •j thence southeasterly along a line in the aircraft apron and parallel to the said center line an approximate distance of 1500 •; feet to a point near the southeast edge of the said apron, » thence southwest along a line perpendicular to the said center ,. line an approximate distance of 400 feet to a point; thence northwest along a line parallel to the said centerline an approximate distance of 150 feet to a point which is on an extension of a line northeasterly along 10th Street; thence southwest along the said extension an approximate distance of 200 feet to a point; i thence northwest along a line parallel to the southwest side of the large solitary hangar between 9th Street and 10th Street and passing along the southwest side of this hangar an approximate distance of 700 feet to a point which is on an extension of a line northeasterly along 9th Street; 1thence southwest along the extension of the line along 9th Street an approximate distance of 250 feet to a point on the t southwest line of Kane Avenue East; thence northwest along the southwest line of Kane Avenue East an approximate distance of 650 feet to an angle point in ] Kane Avenue; ^ thence west along the south line of Kane Avenue an approximate distance of 2800 feet to a point on the northwest boundary of the Job Corps site, which is on the northwest side of Kane Avenue West; thence northeast along the said northwest boundary an ^ approximate distance of 50 feet to a point on the north boundary of the Job Corps site; thence east along the north boundary of the Job Corps site, which is along the north side of Kane Avenue, an approximate distance of 1250 feet to an angle point in the boundary; thence north along the boundary an approximate distance of 150 feet to an angle point in the boundary; I thence east along the boundary an approximate distance of 250 feet to an angle point in the boundary; and thence north along the boundary an approximate distance of r 300 feet to the point of beginning.

''

-.a,.^...

 * ®ll T

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/788

 101 STAT. 1329-445

PUBLIC LAW 100-202—DEC. 22, 1987 AGRICULTURAL AID AND TRADE MISSIONS ACT

7 USC 1736bb. Effective date.

SEC. 1. AGRICULTURAL AID AND TRADE MISSIONS. (a) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this Act, under the chairmanship of the Secretary of Agriculture, the Secretary of Agriculture, the Secretary of State, and the Administrator shall jointly establish agricultural aid and trade missions to eligible countries to encourage the countries to participate in those United States agricultural aid and trade programs for which they are eligible in accordance with section 2 (b) COMPOSITION.—A mission to an eligible country shall be composed of— (1) representatives of the Department of Agriculture, the Department of State, and the Agency for International Development, appointed by the Secretary of Agriculture, Secretary of State, and Administrator, respectively; and (2) not less than 3, nor more than 6, representatives of market organizations, private voluntary organizations, and cooperatives, appointed jointly by the Secretary of Agriculture, Secretary of State, and Administrator, who are knowledgeable about food aid and agricultural export programs, as well as the food needs, trade potential, and economy of the eligible country. (c) TBRMS.—The term of members of a mission shall terminate on submission of the report required under section 4. (d) COMPENSATION AND TRAVEL EXPENSES.—A member of a mission shall serve without compensation, if not otherwise an officer or employee of the United States, except that a member, while away from home or regular place of business in the performance of services under this chapter, shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code.
 * i - development cooperators, tax-exempt nonprofit agribusiness

7 USC 1736bb-l.

SEC. 2. REQUIRED AND ADDITIONAL MISSIONS; ELIGIBLE COUNTRIES. (a) REQUIRED MISSIONS.—Missions

shall

be

established

and

completed— (1) not later than 6 months after the date of enactment of this Act, in 8 countries chosen in accordance with the criteria set forth in subsection (c); and (2) not later than 1 year after the date of enactment of this Act, in 8 additional countries chosen in accordance with such criteria. 0>) ADDITIONAL MISSIONS.—After the completion of the missions referred to in subsection (a), a mission may be established to any foreign country chosen in accordance with the criteria set forth in subsection (c). (c) CRITERIA.— (1) INDIVIDUAL COUNTRIES.—Subject

to paragraph (2) and subsection (a), a mission shall be established to a foreign country if— (A) the country is eligible for participation in United States agricultural aid and trade programs and such participation would be mutually advantageous to the country and the United States; and (B) the country is friendly to the United States.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/789

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-446

(2) MULTIPLE COUNTRIES.—In selecting countries for missions under this section, the Secretary shall— (A) select countries that are in various stages of development and have various income levels; and (B) consider— (i) past participation in United States food programs; (ii) experience with United States agricultural aid and trade programs; and (iii) import market potential, (d) EuGiBiliTY OF POLAND.—Notwithstanding any other provision of this section, the Secretary of Agriculture may establish a mission in Poland. SEC. 3. FUNCTIONS.

^

7 USC 1736bb-2.

The members of a mission to an eligible country shall— (1) meet with representatives of Government agencies of the United States and the eligible country, as well as commodity boards, private enterprises, international organizations, private voluntary organizations, and cooperatives that operate in the eligible country, to assist in planning the extent to which United States agricultural aid and trade programs could be used in a mutally beneficial manner to meet the food and economic needs of the country; (2) provide technical expertise and information to representatives of Government agencies of the United States and the eligible country and private organizations with respect to United States agricultural aid and trade programs and agricultural commodities and other assistance available to the eligible country under such programs; and (3) assist in obtaining firm commitments for— (A) proposals for food aid programs; and (B) agreements for commodity sales. SEC. 4. MISSION REPORTS.

7 USC 1736bb-3.

Not later than 60 days after the completion of a mission under section 2, the mission shall submit a report that contains the findings and recommendations of the mission in carrying out its responsibilities under this chapter to the President, the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate, the Secretary of Agriculture, the ^ c r e t a r y of State, and the Administrator. SEC. 5. PROGRESS REPORTS.

During the 2-year period beginning 1 year after the date of enactment of this Act, the Secretary of Agriculture and the Administrator shall jointly submit a quarterly report on progress made in implementing the recommendations of the missions reported under section 4, including the quantity and dollar value of commodities shipped to eligible countries and the specific development programs undertaken in accordance with this chapter, to the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Rielations of the Senate.

7 USC 1736bb-4.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/790

 101 STAT. 1329-447 7 USC 1736bb-5.

7 USC 1736bb-6.

M- •drfB'^* I 3oi.J

PUBLIC LAW 100-202—DEC. 22, 1987

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this chapter: Provided, That $200,000 is appropriated to carry out this chapter for fiscal year 1988. SEC. 7. DEFINITIONS. As used in this chapter: (1) ADMINISTRATOR.—The term "Administrator" means the Administrator of the Agency for International Development. (2) EuGiBLE COUNTRY.—The term "eligible country" means a country that is eligible under section 2(c). (3) MISSION.—The term "mission" means an agricultural aid and trade mission established under section 1. (4) UNITED STATES AGRICULTURAL AID AND TRADE PROGRAMS.—

The term "United States agricultural aid and trade programs" includes— (A) programs established under titles I and II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); (B) the program established under section 416 of the ^. ^ ^ Agricultural Act of 1949 (7 U.S.C. 1431); ifirx, I, V ^^^ ^j^^ agricultural export enhancement program established under section 1127 of the Food Security Act of 1985 (7 U.S.C. 1736v); (D) the dairy export incentive program established under section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-

- -c

-'!' > ^ '

(E) the export credit guarantee program (GSM-102) established under section 5(f) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(f)); (F) the intermediate export credit guarantee program (GSM-103) established under section 40)) of the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)); (G) the food for progress program established under section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o); and (H) other agricultural aid and trade programs authorized by the Food Security Act of 1985 (Public Law 99-198), by the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or by other applicable authorities. Subtitle E—Public Law 480 and Related Provisions

 * -cf (

/ \;

President of U.S.

SEC 8. LEVEL OF SALES FOR FOREIGN CURRENCY.

Section 1010)) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701(b)) is amended— (1) in paragraph (1>, by adding at the end the following: "For each of the fiscal years 1988 through 1990, each agreement entered into under this title shall provide for some sale for foreign currencies for use under section 108, (except for agreements with a country the President determines is incapable of participating in section 108) unless the President determines that the level of agricultural commodities furnished under title I will be significantly reduced as a result of this sentence."; and

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/791

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-448

(2) in paragraph (2), by inserting ", or enter into sales agreements not providing for sales for foreign currencies for use under section 108," ^ t e r "currencies". SEC. 9. TERMS AND CONDITIONS OF AGREEMENTS WITH FRIENDLY COUNTRIES AND ORGANIZATIONS.

Section 103 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1703) is amended— (1) by striking out "and" at the end of subsection (p); (2) by striking out the period at the end of subsection (q) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(r) give favorable consideration in the allocation of commodities under this title to countries promoting the private sector through the use of section 108.". SEC. 10. CRITERIA OF SELF-HELP MEASURES.

The first sentence of section 109(a) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1709(a)) is amended— (1) by striking out "and" at the end of paragraph (10); (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(12) promoting the conservation and study of biological diversity.". SEC. 11. USE OF COOPERATIVES TO FURNISH COMMODITIES.

The third sentence of section 202(a) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1722(a)) is amended by inserting "or cooperatives" after "voluntary agencies". SEC. 12. NONEMERGENCY PROGRAMS UNDER TITLE II OF PUBLIC LAW 480.

The first sentence of section 206 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1726) is amended by inserting after "extraordinary relief requirements," the following: "or for nonemergency programs conducted by nonprofit voluntary agencies or cooperatives,". SEC. 13. REPORTS ON SALES AND BARTER AND USE OF FOREIGN CURRENCY PROCEEDS. Section 206 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1726) (as amended by section 655 of this Act) is further amended— (1) by inserting "(a)" after the section designation; and (2) by adding at the end thereof the following: "0)) Not later than February 15, 1988, and annually thereafter. President of U.S. the President shall report to Congress on sales and barter, and use of foreign currency proceeds, under this section and section 207 during the preceding fiscal year. Such report shall include information on— "(1) the quantity of commodities furnished for such sale or barter; "(2) the amount of funds (including dollar equivalents for -^ * •". foreign currencies) and value of services generated from such sales and barter in the preceding fiscal year; "(3) how such funds and services were used;

�