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 101 STAT. 774

'•''•

-, mii

PUBLIC LAW 100-119—SEPT. 29, 1987 "(F) Loan guaranty revolving fund (36-4025-0-3-704). "(G) Guaranteed student loans (91-0230-0-1-502). "(H) Social services block grant (75-1634-0-1-506). "(I) Family social services (75-1645-0-1-506). "(J) Rehabilitation services and handicapped research (91-0301-0-1-506). "(K) Grants to States for medicaid (75-0512-0-1-551). "(L) Special benefits for disabled coal miners (75-0409-0^ 1-601). "(M) Black lung disability trust fund (20-8144-0-7-601). "(N) Special benefits (16-1521-0-1-602). "(O) Federal unemployment benefits and allowances (160326-0-1-603). "(P) Supplemental security income program (75-0406-01-609). "(Q) Family support payments to States (75-1501-0-1609). "(R) Food stamp program (12-3505-0-1-605)., "(S) Child nutrition programs (12-3539-0-1-605). ..i' <'(X) Retired pay, coast guard (69-0241-0-1-403). "(U) Government payment for annuitants, employees health benefits (24-0206-0-1-551).". (7) DEFINITIONS OF ASSET SALE AND LOAN PREPAYMENT.—Sec-

2 USC 907.

tion 257 of the Act is amended by adding after paragraph (11) the following new paragraph: "(12) The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term 'prepayment of a loan' means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term 'in advance' shall mean in advance of the slowest payment schedule allowed under such law or contract.". (8) DEFINITION OF OUTLAY RATE.—Section 257 of the Act is

2 USC 922.

amended by adding after paragraph (12) the following new paragraphs: "(13) The term 'outlay rate', with respect to any budget account, program, project, or activity, means— "(A) the ratio of outlays resulting in the fiscal year involved from new budgetary resources for such budget '^ • account, program, project, or activity to such new budgetary resources; or "(B) the ratio of outlays resulting in the fiscal year involved from unobligated balances for such budget account, program, project, or activity to such unobligated balances. "(14) The term 'combined outlay rate', with respect to any budget account, program, project, or activity, means the weighted average (by budgetary resources) of the ratios determined under subparagraphs (A) and (B) of paragraph (13) for such budget account, program, project, or activity.". (9) ALTERNATE PROCEDURES.—Section 274(f) of the Act is amended— (A) by striking out paragraph (1) and by inserting in lieu thereof the following new paragraph:

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 PUBLIC LAW 100-119—SEPT. 29, 1987 ,

.

101 STAT. 775

"(1) In the event that any of the reporting procedures described in section 251 are invalidated, then any report of the Director of CBO under section 251(a)(2)(A) or 251(c)(1) shall be transmitted to the joint committee established under this subsection.", (B) in paragraphs (2) and (3) by striking out "Directors" both places it appears therein and by inserting in lieu thereof "Director of CBO"; and J (C) in paragraph (5) by striking out "section 251(b) or (c)(2)" and by inserting in lieu thereof "section 251(a)(2)(B) or (c)(2)". (10) COMPTROLLER GENERAL'S ESTIMATES.—Subsection (h) of

section 274 of the Act is amended— 2 USC 922. (A) by striking out "Comptroller General" both times it appears therein and by inserting in lieu thereof "Director of OMB" and by striking out "section 251(b)" and by inserting in lieu thereof "section 251(a)(2)(B)"; and (B) by striking out ", assumptions, and methodologies" and by inserting in lieu thereof "and economic assumptions". (11) CONFORMING MEDICARE AMENDMENT.—Section 256(d)(1)(B) of the Act is amended by inserting after "2 percent" the follow- 2 USC 906. ing: "(or such higher percentage as may apply as determined in accordance with section 252(a)(4)(B)(ii)). SEC. 103. COMPLIANCE REPORT BY COMPTROLLER GENERAL. ^ Section 253 of the Act is amended to read as follows: 2 USC 903. "SEC. 253. COMPLIANCE REPORT BY COMPTROLLER GENERAL. "On or before November 15 of each fiscal year (or December 15, 1987, in the case of the fiscal year 1988), the Comptroller General shall submit to the Congress and the President a report on— "(1) the extent to which each order issued by the President under section 252 for such fiscal year complies with all of the requirements contained in section 252, either certifying that the order fully and accurately complies with such requirements or indicating the respects in which it does not; "(2) the extent to which each report of the Director of OMB under section 251 for such fiscal year complies with all of the requirements contained in this part, either certifying that the report fully and accurately complies with such requirements or indicating the respects in which it does not; and "(3) any recommendations of the Comptroller General for improving the procedures set forth in this part.". SEC. 104. EXEMPT PROGRAMS AND ACTIVITIES. (a) CLARIFYING AMENDMENTS.—(1) Section 255(h) of the Act is

amended by including after the item relating to child nutrition the following new item: "Commodity supplemental food program (12-3512-0-1-605);". (2) Section 255(g)(1) of the Act is amended— (A) by inserting after the item relating to intragovernmental funds the following new item: "Medical facilities guarantee and loan fund. Federal interest subsidies for medical facilities (75-4430-03-551);". (B) by inserting after the item relating to the Health Education Assistance Loan Program the following new item:

2 USC 905.

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


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 101 STAT. 776

PUBLIC LAW 100-119—SEPT. 29, 1987

"Higher education facilities loans and insurance (91' ' 0240-01-502);". (C) by inserting after the item relating to the Bonneville Power Administration the following new item: "Bureau of Indian Affairs, miscellaneous payments to ^•"* Indians (14-2303-0-1-452);". ' '3; (D) by inserting before the item relating to the Postal service fund the following new item: "Payments to widows and heirs of deceased Members of Congress (00-0215-0-1-801);". ^ (E) by inserting before the item relating to the Alaska Power ^^ Administration the following new item: ' •'. M" "Thrift Savings Fund (26-8141-0-7-602);". '•""• (F) by inserting after the item relating to the Tennessee Valley Authority the following new item: > "Washington Metropolitan Area Transit Authority, interest payments (46-0300-0-1-401);". 2 USC 906. (3) Section 256(b)(4) of the Act is amended by inserting at the end thereof the following new subparagraph: "(G) Federal Retirement Thrift Investment Board.". (4) Section 256(e) of the Act is amended by striking out "Any . H h J iti i: order" and by inserting in lieu thereof "Notwithstanding any change in the display of budget accounts, any order", (b) AMENDMENTS TO SPECIFICALLY INCLUDE IN THIS ACT EXEMPTioNS ENACTED SINCE 1985.—(1) Section 255(b) of the Act is amended

2 USC 905.

•'

'

by inserting after the colon the following: "National Service Life Insurance Fund (36-8132-0-7-701); "Service-Disabled Veterans Insurance Fund (36-4012-0-3,. 701); i "Veterans Special Life Insurance Fund (36-8455-0-8-701); "Veterans Reopened Insurance Fund (36-4010-0-3-701); "United States Government Life Insurance Fund (36-8150-07-701); "Veterans Insurance and Indemnity (36-0120-0-1-701); ^ "Special Therapeutic and Rehabilitation Activities Fund (36•s > < 4048-0-3-703); "Veterans' Canteen Service Revolving Fund (36-4014-0-3. 705); "Benefits under chapter 21 of title 38, United States Code, relating to specially adapted housing and mortgage-protection ' life insurance for certain veterans with service-connected disabilities (36-0137-0-1-702); "Benefits under section 907 of title 38, United States Code, relating to burial benefits for veterans who die as a result of service-connected disability (36-0155-0-1-701); "Benefits under chapter 39 of title 38, United States Code, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces (36-01370-1-702);". (2) Section 255(g)(1) of the Act is amended— (A) by inserting after the item relating to intragovernmental funds the following new item: "Panama Canal Commission, operating expenses (955190-0-2-403), and Panama Canal Commission, capital ,.^ outlay (95-5190-0-2-403);"; (B) by inserting after the item relating to payments to trust funds the following new item:

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 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 777

"Payments to the United States territories, fiscal assistance (14-0418-0-1-852);"; (C) by inserting after the item relating to compensation of the President the following new item: ^,,p ^. "Customs Service, miscellaneous permanent appropriations (20-9922-0-2-852);"; (D) by inserting before the item relating to intragovernmental funds the following new item: "Internal Revenue Collections for Puerto Rico (20-5737y. 0-2-852);"; ' (E) by inserting after the first item the following new item: "Administration of Territories, Northern Mariana Islands Covenant grants (14-0412-0-1-806);"; and (F) by inserting after the item relating to payments to the military retirement fund the following new item: "Compact of Free Association, economic assistance pursuant to Public Law 99-658 (14-0415-0-1-806);". (3) Section 255(g)(1) of the Act is amended by inserting "(A)" after 2 USC 905. "(1)" and by inserting at the end thereof the following new subparagraph: "(B) The following budget accounts and activities shall be exempt from reduction under any order issued under this part: "Black lung benefits (20-8144-0-7-601); "Central Intelligence Agency retirement and disability system fund (56-3400-0-1-054); "Civil service retirement and disability fund (24-8135-07-602); "Comptrollers general retirement system (05-0107-0-1r 801); "Foreign service retirement and disability fund (19-81860-7-602); "Judicial survivors' annuities fund (10-8110-0-7-602); "Longshoremen's and harborworkers' compensation benefits (16-9971-0-7-601); "Military retirement fund (97-8097-0-7-602); "National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306); "Pensions for former Presidents (47-0105-0-1-802); "Railroad retirement tier II (60-8011-0-7-601); "Retired pay, Coast Guard (69-0241-0-1-403); "Retirement pay and medical benefits for commissioned officers. Public Health Service (75-0379-0-1-551); "Special benefits. Federal Employees' Compensation Act (16-1521-0-1-600); "Special benefits for disabled coal miners (75-0409-0-1601); and "Tax Court judges survivors annuity fund (23-8115-0-7602).". (c) CONFORMING AMENDMENTS.—(1) Section 255(g)(2) of the Act is Veterans. amended by repealing the items relating to veterans with the exception of the items relating to the Loan guaranty revolving fund and the Servicemen's group life insurance fund. (2) Paragraph (1) of section 257 of the Act is amended by striking 2 USC 907. out subparagraph (A), by striking out the dash, and by striking out "(B)".

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Page:United States Statutes at Large Volume 101 Part 1.djvu/808

 101 STAT. 778

PUBLIC LAW 100-119—SEPT. 29, 1987

SEC. 105. MODIFICATION OF PRESIDENTIAL ORDER.

(a) IN GENERAL.—Part C of the Act is amended by inserting at the end thereof the following new section: 2 USC 908.

"SEC. 258. MODIFICATION OF PRESIDENTIAL ORDER.

"(a) INTRODUCTION OF JOINT RESOLUTION.—At any time after the Director of OMB issues a report under section 251(c)(2) for a fiscal year, but before the close of the tenth calendar day of session in that session of Congress beginning after the date of issuance of such report, the majority leader of either House of Congress may introduce a joint resolution which contains provisions directing the President to modify the most recent order issued under section 252 for such fiscal year. After the introduction of the first such joint resolution in either House of Congress in any calendar year, then no other joint resolution introduced in such House in such calendar year shall be subject to the procedures set forth in this section, "(b) PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTIONS.— "(1) No REFERRAL TO COMMITTEE,—A joint resolution intro-

,_

duced in the Senate or the House of Representatives under subsection (a) shall not be referred to a committee of the Senate or the House of Representatives, as the case may be, and shall " be placed on the appropriate calendar pending disposition of "(2) IMMEDIATE CONSIDERATION,—On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is introduced under subsection (a), notwithstanding any rule or precedent of the Senate, including Rule 22 of the Standing Rules of the Senate, it is in order " (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to '^ proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived, except for points of i} order under titles III or IV of the Congressional Budget Act of 1974. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning, after a joint resolution (to which the motion applies) is introduced. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consider,^., ation of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in I. order. If a motion to proceed to the consideration of the joint resolution is agreed to, the respective House shall immediately _, proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the respective House until disposed of, "(3) DEBATE.—
 * such joint resolution in accordance with this subsection.

'"

^

'

'

"(A) In the Senate, debate on a joint resolution introduced under subsection (a), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees). In the House, general debate on a joint resolution introduced under subsection (a) shall

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Page:United States Statutes at Large Volume 101 Part 1.djvu/809

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 779

be limited to not more than 4 hours which shall be equally divided between the majority and minority leaders. "(B) A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. In the Senate, a motion to recommit the joint resolution is not in order. In the House, a motion further to limit debate is in order and not debatable. In the House, a motion to recommit is in order. "(C)(i) In the House of Representatives, an amendment and any amendment thereto is debatable for not to exceed 30 minutes to be equally divided between the proponent of the amendment and a Member opposed thereto. "(ii) No amendment that is not germane or relevant to the provisions of the joint resolution or to the order issued under section 252(b)(1) shall be in order in the Senate. In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between the majority leader and the minority leader (or their designees), "(iii) In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent. "(4) VOTE ON FINAL PASSAGE.—Immediately following the

conclusion of the debate on a joint resolution introduced under subsection (a), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, and the disposition of any amendments under paragraph (3) (except for the motion to recommit in the House of Representatives), the vote on final passage of the joint resolution shall occur. "(5) APPEALS.—Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. "(6) CONFERENCE REPORTS.—In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 (including points of order under sections 302(c), 303(a), 306, and 401(b)(1)) are applicable to a conference report on the joint resolution or any amendments in disagreement thereto.

.;:

"(7) RESOLUTION FROM OTHER HOUSE.—If, before the passage by

the Senate of a joint resolution of the Senate introduced under subsection (a), the Senate receives from the House of Representatives a joint resolution introduced under subsection (a), then the following procedures shall apply: "(A) The joint resolution of the House of Representatives shall not be referred to a committee. "(B) With respect to a joint resolution introduced under subsection (a) in the Senate—

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Page:United States Statutes at Large Volume 101 Part 1.djvu/810

 101 STAT. 780

PUBLIC LAW 100-119—SEPT. 29, 1987 '•>• «• V

jj;

'

but

'

•'': - ' rt', J 3..»/. eKi"- ' •iiidj '(•:'•' 'r / ' K If. • ri

"(i) the procedure in the Senate shall be the same as if no joint resolution had been received from the House;

"(ii)(I) the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or "(11) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes it, the Senate shall be considered to have passed the joint resolution as amended by the text of the Senate joint resolution. "(C) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate.

"(8)

SENATE ACTION ON HOUSE RESOLUTION.—If the

Senate

receives from the House of Representatives a joint resolution introduced under subsection (a) after the Senate has disposed of a Senate originated resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.". (b) CLERICAL AMENDMENT.—The table of contents set forth in section 200(b) of the Act is amended by inserting after the item relating to section 257 the following new item: .^.,, "Sec. 258. Modification of Presidential order.".

'

"••'• -•'

SEC. 106. MAXIMUM DEFICIT AMOUNTS, (a) REVISION OF DEFINITION OF MAXIMUM DEFICIT AMOUNT.—Para-

2 USC 622.

2 USC 907.

graph (7) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking out subparagraphs (D) through (F) and by inserting in lieu thereof the following: "(D) with respect to the fiscal year beginning October 1, 1987, $144,000,000,000; "(E) with respect to the fiscal year beginning October 1, 1988, bw« $136,000,000,000; "(F) with respect to the fiscal year beginning October 1, 1989, $100,000,000,000; i"(G) with respect to the fiscal year beginning October 1, 1990, b - $64,000,000,000; tifu; "(H) with respect to the fiscal year beginning October 1, 1991, $28,000,000,000; and "(I) with respect to the fiscal year beginning October 1, 1992, zero.". Qo) DEFINITION OF MARGIN.—Section 257 of the Act is amended by

inserting after paragraph (9) the following new paragraph: "(10) The term 'margin' means $10,000,000,000 with respect to " fiscal year 1993.". (c) REVISION OF EXPIRATION DATE OF THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985.—Subsection rt))(l) of
 * • each of fiscal years 1988 through 1992 and zero with respect to

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Page:United States Statutes at Large Volume 101 Part 1.djvu/811

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 781

section 275 of the Act is amended by striking out "September 30, 2 USC 901 note. 1991" and by inserting in lieu thereof "September 30, 1993". (d) SECTION 301(i) POINT OF ORDER.—Paragraph (2) of section 301(i) of the Congressional Budget Act of 1974 is amended by inserting 2 USC 632. "(A)" before "Paragraph and by adding at the end thereof the following new paragraphs: "(B) Paragraph (1) shall not apply to the consideration of any concurrent resolution on the budget for fiscal year 1988 or fiscal year 1989, or amendment thereto or conference report thereon, if such concurrent resolution or conference report provides, or in the case of an amendment if the concurrent resolution as changed by the adoption of such amendment would provide for deficit reduction from a budget baseline estimate as specified in section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 for such fiscal year (based on laws in effect on January 1 of the calendar year during which the fiscal year begins) equal to or greater than the maximum amount of unachieved deficit reduction for such fiscal year as specified in section 251(a)(3)(A) of such Act. "(C) For purposes of the application of subparagraph (B), the amount of deficit reduction for a fiscal year provided for in a concurrent resolution, or amendment thereto or conference ' '<-' i' report thereon, shall be determined on the basis of estimates " made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be.". (e) SECTION 311(a) POINT OF ORDER IN THE SENATE.— (1) Section 311(a) of the Congressional Budget Act of 1974 is 2 USC 642. amended by striking out all after "in the Senate," and by inserting in lieu thereof the following: "would otherwise result in a deficit for such fiscal year that— "(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in section 3(7); and "(B) for fiscal year 1988 or 1989, exceeds the amount of the fiscal year begins as measured using the budget baseline specified in section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 minus $23,000,000,000 for fiscal year 1988 or $36,000,000,000 for fiscal year 1989; except to the extent that paragraph (1) of section 301(i) or section 304(b), as the case may be, does not apply by reason of paragraph (2) of such subsection.". (2) Section 254(b)(1)(E) of the Act is amended by inserting 2 USC 904. "and for fiscal year 1988 or 1989, exceed the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 minus $23,000,000,000 for fiscal year 1988 or $36,000,000,000 for fiscal year 1989;" after "maximum deficit amount for such fiscal year,'. (f) PRESIDENT'S BUDGET.—Section 1105(f) of title 31, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (5); and (2) by inserting after paragraph (2) the following new paragraphs:
 * , estimated deficit for such fiscal year based on laws and regula-.; tions in effect on January 1 of the calendar year in which such

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Page:United States Statutes at Large Volume 101 Part 1.djvu/812

 101 STAT. 782

J.

PUBLIC LAW 100-119—SEPT. 29, 1987

"(3) The budget transmitted pursuant to subsection (a) for a fiscal year shall include a budget baseline estimate made in accordance with section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 and using economic and technical assumptions consistent with the current services budget submitted under section 1109 for the fiscal year. If such budget baseline estimate differs from the estimate in the current services budget, the President shall explain the differences. The budget transmitted pursuant to subsection (a) for such fiscal year shall include the information required by section 251(a)(2) of such Act (other than account-level detail) assuming that the deficit in such budget baseline were the amount estimated by the Director of the Office of Management and Budget on August 25 of the calendar year in which the fiscal year begins. "(4) Paragraphs (1) and (2) shall not apply with respect to fiscal year 1989 if the budget transmitted for such fiscal year provides for deficit reduction from a budget baseline deficit for such fiscal year (as defined by section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 and based on laws in effect on January 1, 1988) equal to or greater than $36,000,000,000.". SEC. 107. SPECIAL RULES FOR MEDICARE PROGRAM.

42 USC 1395ww

note.

(a) TEMPORARY EXTENSION OF PAYMENT POLICIES FOR INPATIENT HOSPITAL SERVICES.—

.,-

(1) IN GENERAL.—Notwithstanding any other provision of law, with respect to payment for inpatient hospital services under section 1886 of the Social Security Act: (A) TEMPORARY FREEZE IN PPS HOSPITAL RATES.—For pur-

.'!', '

poses of subsection (d) of such section for discharges occurring during the period beginning on October 1, 1987, and ending on November 20, 1987 (in this paragraph referred to as the "extension period"), the applicable percentage increase under subsection (b)(3)(B) of such section with respect to fiscal year 1988 is deemed to be 0 percent. (B) TEMPORARY FREEZE IN PAYMENT BASIS.— (i) EXTENSION OF BLENDED DRG RATE.—For purposes of

subsection (d)(1) of such section, the "applicable combined adjusted DRG prospective payment rate" for discharges occurring— (I) during the extension period is the rate specified in subsection (d)(l)(D)(ii) of such section, or (II) after such period is the national adjusted prospective payment rate determined under subsection (d)(3) of such section. x:j.

, ' '^ '.

(ii) EXTENSION OF HOSPITAL-SPECIFIC PAYMENT.—For

the first 51 days of a hospital cost reporting period beginning during fiscal year 1988, payment shall be made under clause (ii) (rather than clause (iii)) of subsection (d)(1)(A) of such section (subject to clause (i) of this subparagraph). (C) TEMPORARY FREEZE IN AMOUNTS OF PAYMENT FOR

'-,:. ..«

CAPITAL.—For payments attributable to portions of cost reporting periods occurring during the extension period, the percent specified in subsection (g)(3)(A)(ii) of such section is deemed to be 3.5 percent. (D) TEMPORARY FREEZE IN RETURN ON EQUITY REDUC-

oisci

TIGNS.—For the first 51 days of a cost reporting period beginning during fiscal year 1988, subsection (g)(2) of such

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Page:United States Statutes at Large Volume 101 Part 1.djvu/813

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 783

section shall be applied as though the applicable percentage were 75 percent. (E)

TEMPORARY FREEZE IN PAYMENTS RATES FOR PPS-

EXEMPT HOSPITALS.—For purposes of payment under subsection (b) of such section for cost reporting periods beginning during fiscal year 1988, with respect to the first 51 days of such a period the applicable percentage increase under paragraph (3)(B) of such subsection is deemed to be 0 percent. (2) CONTINUATION OF CAPITAL POLICY.—Section 9321(c) of the

42 USC 1395WW Omnibus Budget Reconciliation Act of 1986 is amended— (A) by striking "SEPTEMBER i" in the heading of para- note. graph (1) and inserting "NOVEMBER 21", (B) in paragraph (1), by striking "September 1, 1987" and inserting "November 21, 1987", (C) in the second sentence of paragraph (1), by striking "before the date of the enactment of this Act", and (D) in paragraph (4), by striking "second sentence" and all that follows through "operating costs" and inserting 'm '* "second sentence of section 1886(a)(4) of the Social Security Act, from the term 'operating costs", (b) FREEZING CERTAIN CHANGES IN MEDICARE PAYMENT REGULATIONS AND POLICIES.—

(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Health and Human Services is not authorized to issue after September 18, 1987, and before November 21, I; 1987 (A) any final regulation that changes the policy with ,;• respect to payment under title XVIII of the Social Security Act to providers of service for reasonable costs relating to unrecovered costs associated with unpaid deductible and coinsurance amounts incurred under such title; (B) any final regulation, instruction, or other policy >iam change which is primarily intended to have the effect of slowing down claims processing, or delaying payment of claims, under such title; or (C) any final regulation that changes the policy under such title with respect to payment for a return on equity capital for outpatient hospital services. ^ The final regulation of the Health Care Financing Administration published on September 1, 1987 (52 Federal Register 32920) and relating to changes to the return on equity capital provisions for outpatient hospital services is void and of no effect. (2) OTHER COST SAVINGS POLICIES.—Notwithstanding any other provision of law, except as required to implement specific provisions required under statute, the Secretary of Health and Human Services is not authorized to issue in final form, after September 18, 1987, and before November 21, 1987, any regulation, instruction, or other policy which is estimated by the Secretary to result in a net reduction in expenditures under , title XVIII of the Social Security Act in fiscal year 1988 of more T than $50,000,000. Any regulation, instruction, or policy which is issued in violation of this paragraph is void and of no effect. (3) EXCEPTION.—Paragraphs (1) and (2) shall not be construed to apply to any regulation, instruction, or policy required to implement the amendment made by section 9311(a) of the

42 USC 1395WW note.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/814

 101 STAT. 784

PUBLIC LAW 100-119—SEPT. 29, 1987 Omnibus Budget Reconciliation Act of 1986 (relating to periodi* interim payments). (c)

42 USC l320b-8 note.

DELAY

IN

ORGAN

PROCUREMENT REQUIREMENTS.—Section

9318(b) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking "October 1, 1987" each place it appears and inserting "November 21, 1987".

TITLE II—BUDGET PROCESS REFORM 2 USC 621 note.

SEC. 201. 2-YEAR APPROPRIATIONS.

It is the sense of the Congress that the Congress should undertake an experiment with multiyear authorizations and 2-year appropriations for selected agencies and accounts. An evaluation of the efficacy and desirability of such experiment should be conducted at the end of the 2-year period. The appropriate committees are directed to develop a plan in consultation with the leadership of the House and Senate to implement this experiment. 2 USC 909.

.,>,,fr.

.

SEC. 202. PROHIBITION OF COUNTING AS SAVINGS THE TRANSFER OF GOVERNMENT ACTIONS FROM ONE YEAR TO ANOTHER.

f (a) IN GENERAL.—Except as otherwise provided in this section, any "..• law or regulation that has the effect of transferring an outlay, receipt, or revenue of the United States from one fiscal year to an adjacent fiscal year shall not be treated as altering the deficit or producing net deficit reduction in any fiscal year for purposes of the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985. (b) EXCEPTIONS.—Subsection (a) shall not apply if the law making the transfer stipulates that such transfer— ,,,, (1) is a necessary (but secondary) result of a significant policy change; (2) provides for contingencies; or (3) achieves savings made possible by changes in program requirements or by greater efficiency of operations.

2 USC 621 note.

SEC. 203. FINANCIAL MANAGEMENT REFORM.

It is the sense of the Congress that the Congress should undertake a coordinated effort to identify problems and develop specific recommendations to reform the financial management systems of the United States Government, including consideration of the use of generally accepted accounting principles. 2 USC 653 note.

SEC. 204. EXTENSION OF STATE AND LOCAL COST ESTIMATES.

The State and Local Government Cost Estimate Act of 1981 is amended by striking out section 4. SEC. 205. EXTRANEOUS PROVISIONS IN THE SENATE. (a) PROHIBITION OF EXTRANEOUS MATTERS IN RECONCILIATION MEASURES IN THE SENATE.—Section 20001 of the Consolidated Omni-

100 Stat. 1949.

bus Budget Reconciliation Act of 1985, as amended by section 7006 of the Omnibus Budget Reconciliation Act of 1986, is amended in subsection (c) by striking out "January 2, 1988" and inserting in lieu thereof "September 30, 1992". (b) PROVISIONS CONSIDERED To BE EXTRANEOUS IN THE SENATE.—

Subsection (d)(1)(A) of such section is amended by inserting before the period at the end thereof "; and (E) a provision shall be consid-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/815

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 785

ered to be extraneous if it increases, or would increase, net outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years covered by such reconciliation bill or reconciliation resolution, and such increases or decreases are greater than outlay reductions or revenue increases resulting from other provisions in such title in such year". (c) APPLICATION OF SUBSECTION (a) TO CERTAIN SENATE RESOLU-

TIONS.—Nothing in the amendment made by subsection (a) shall be construed as limiting the manner in which S. Res. 286 (99th Congress, 1st session), as amended by S. Res. 509 (99th Congress, 2d session), shall apply to reconciliation bills and reconciliation resolutions considered on or after the date of the enactment of this joint resolution.

^.^....

SEC. 206. CODIFICATION OF LAW REGARDING DEFERRAL AUTHORITY. (a) PROPOSED DEFERRALS OF BUDGET AUTHORITY.—Section 1013 of

the Impoundment Control Act of 1974 is amended to read as follows:

2 USC 684. >?;us

"PROPOSED DEFERRALS OF BUDGET AUTHORITY

"SEC. 1013. (a) TRANSMITTAL OF SPECIAL MESSAGE.—Whenever the

President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying— "(1) the amount of the budget authority proposed to be deferred; "(2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions involved; "(3) the period of time during which the budget authority is proposed to be deferred; "(4) the reasons for the proposed deferral, including any legal authority invoked to justify the proposed deferral; "(5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and "(6) all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority, including specific elements of legal authority, invoked to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided. A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate. "(b) CONSISTENCY WITH LEGISLATIVE POLICY.—Deferrals shall be permissible only— "(1) to provide for contingencies; "(2) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or

President of U.S.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/816

 101 STAT. 786

2 USC 687.

2 USC 686 note.

PUBLIC LAW 100-119—SEPT. 29, 1987

"(3) as specifically provided by law. No officer or employee of the United States may defer any budget authority for any other purpose. "(c) EXCEPTION.—The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.". 0?) CONFORMING AMENDMENT.—The first sentence of section 1016 of the Impoundment Control Act of 1974 is amended by striking out "under section 1012(b) or 1013(b)" and by inserting in lieu thereof "under this title", (c) REAFFIRMATION.—Sections 1015 and 1016 of the Impoundment Control Act of 1974 are reaffirmed. SEC.

2 USC 683. •j

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207. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING RESCISSION AUTHORITY.

Section 1012(b) of the Impoundment Control Act of 1974 is amended by adding at the end thereof the following: "Funds made available for obligation under this procedure may not be proposed for rescission again.". SEC. 208. ECONOMIC AND TECHNICAL ASSUMPTIONS.

2 USC 632.

(a) POINT OF ORDER.—Section 301(g) of the Congressional Budget Act of 1974 is amended to read as follows: "(g) ECONOMIC ASSUMPTIONS.—

"(1) It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year, or any amendment thereto, or any conference report thereon, that sets forth amounts and levels that are determined on the basis of more than one set of economic and technical assumptions. "(2) The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement, is based. "(3) Subject to periodic reestimation based on changed economic conditions or technical estimates, determinations under titles III and IV of the Congressional Budget Act of 1974 shall be based upon such common economic and technical assumptions.". Ob) APPLICATION OF SECTION 301(g) POINT OF ORDER TO REVISIONS OF CONCURRENT RESOLUTIONS ON THE BUDGET.—Section 304 of the

2 USC 635.

Congressional Budget Act of 1974 is amended by inserting at the end thereof the following: "(c) ECONOMIC ASSUMPTIONS.—The provisions of section 301(g) shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 301(g) (and amendments thereto and conference reports thereon).".

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Page:United States Statutes at Large Volume 101 Part 1.djvu/817

 PUBLIC LAW 100-119—SEI>T. 29, 1987

101 STAT. 787

SEC. 209. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING TIME LIMITS FOR CONFERENCE REPORTS ON CONCURRENT RESOLUTIONS ON THE BUDGET.

Section 305(c)(2) of the Congressional Budget Act of 1974 is 2 USC 636, amended by inserting "and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith" after "budget,". SEC. 210. APPEALS OF CERTAIN RULINGS IN THE SENATE.

(a) IN GENERAL.—Section 271 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating 2 USC 901 note, subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: "(c) APPEALS OF RULINGS.—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(i), 302(c), 302(f), 304(b), 306, 310(d), 310(g), or 311(a) of the Congressional Budget Act of 1974.". (b) CONFORMING AMENDMENT.—Section 275(b)(2)(D) of such Act is 2 USC 901 note, amended by striking out "section 271(b)" and inserting in lieu thereof "subsections (b) and (c) of section 271". SEC. 211. WAIVER OF SECTION 302(c) RELATING TO COMMITTEE ALLOCATIONS.

Section 271(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting "302(c)," after "301(i),". 2 USC 901 note. SEC. 212. CREDIT REFORM.

2 USC 602 note.

The Congressional Budget Office, in consultation with the General Reports. Accounting Office, shall study and report to Congress on Federal Loans, direct loan and loan guarantee programs for fiscal year 1987 and fiscal year 1988. The report shall be submitted as soon as practicable to all congressional committees of appropriate jurisdiction. The report shall provide information and recommendations on: (1) more accurately measuring the costs to the Federal Government of such credit programs, (2) comparing the cost of credit programs to other forms of Federal assistance, and (3) improving the allocation of resources between credit and other programs. The report shall also discuss the considerations involved in establishing a system for using the information on the costs of credit programs as part of the budget process. SEC. 213. EXERCISE OF RULEMAKING POWER.

This Act and the amendments made by this Act, other than those relating to the activities of the executive and judicial branches of the Government, are enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

2 USC 901 note.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/818

 101 STAT. 788

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PUBLIC LAW 100-119—SEPT. 29, 1987 •(2) with full recognition of the constitutional right of either I House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House. Approved September 29, 1987.

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LEGISLATIVE HISTORY—H.J. Res. 324: HOUSE REPORTS: No. 100-313 (Comm. of Conference). ^ '' CONGRESSIONAL RECORD, Vol. 133 (1987): June 23, considered and passed House pursuant to H. Con. Res. 93. J ^ July 21, 23, 29-31, considered and passed Senate, amended. Aug. 4, House disagreed to Senate amendments. Sept. 22, House agreed to conference report. Sept. 23, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Sept. 29, Presidential statement and remarks.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/819

 PUBLIC LAW 100-120—SEPT. 30, 1987

101 STAT. 789

Public Law 100-120 100th Congress Joint Resolution Making continuing appropriations for the fiscal year 1988, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for the fiscal year 1988, and for other purposes, namely: SEC. 101. (a)(1) Such amounts as may be necessary for programs, projects, and activities which were conducted in the fiscal year 1987, under the current terms and conditions and at a rate for operations not in excess of the current rate, for which provision was made in the following and subsequent appropriations Acts: The Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987, and section 1241(a)(1) of Public Law 99-198; The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1987, notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956 and section 701 of the United States Information and Educational Exchange Act of 1948, as amended; The Department of Defense Appropriations Act, 1987, notwithstanding section 502(a)(1) of the National Security Act of 1947; The District of Columbia Appropriations Act, 1987; The Energy and Water Development Appropriations Act, 1987; The Foreign Assistance and Related Programs Appropriations Act, 1987, notwithstanding section 10 of Public Law 91-672 and section 15(a) of the State Department Basic Authorities Act of 1956: Provided, That the rate for operations shall not be in excess of the current rate or the rate provided for in the budget estimate, whichever is lower; The Department of Housing and Urban Development— Independent Agencies Appropriations Act, 1987; The Department of the Interior and Related Agencies Appropriations Act, 1987; The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1987, and section 10l(n) of Public Laws 99-500 and 99-591; The Legislative Branch Appropriations Act, 1987; The Military Construction Appropriations Act, 1987, except for section 206 of such Act: Provided, That the authority available as of September 30, 1987, shall be continued to allow the obligation and expenditure of previously appropriated funds in section 206 for supporting, monitoring, and managing the activi-

5_j—! [H.J. Res. 362]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/820

 101 STAT. 790

J '

PUBLIC LAW 100-120—SEPT. 30, 1987

ties provided for under section 206 in fiscal year 1987: Provided further, That in order to strengthen and continue the peace process in Central America, not to exceed the current rate of $2,650,000 per month shall be available only for humanitarian assistance and its support, management, and monitoring in accordance with the provisions of title II of the Military Construction Appropriations Act, 1987; The Department of Transportation and Related Agencies Appropriations Act, 1987; and The Department of Treasury, Postal Service, and General Government Appropriations Act, 1987. (2) No appropriation or funds made available or authority granted pursuant to this subsection shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1987. (3) No appropriation or funds made available or authority granted pursuant to this subsection for the Department of Defense shall be used for new production of items not funded for production in fiscal year 1987 or prior years, for the increase in production rates above those sustained with fiscal year 1987 funds, or to initiate, resume or continue any project, activity, operation or organization which are defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element and for investment items are further defined as a P-1 line item in a budget activity within an appropriation account and an R-1 line item which includes a program element and subprogram element within an appropriation account, for which appropriations, funds, or other authority were not available during the fiscal year 1987: Provided, That no appropriation or funds made available or authority granted pursuant to this subsection for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. 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 until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) November 10, 1987, 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 whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 105. No provision in any appropriations Act for the fiscal year 1987 referred to in section 101 of this joint resolution that makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 102(c) of this joint resolution.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/821

 PUBLIC LAW 100-120—SEPT. 30, 1987

101 STAT. 791

SEC. 106. Appropriations and funds made available by or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds. , Approved September 30, 1987.

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LEGISLATIVE HISTORY:—H.J. Res. 362: HOUSE REPORTS: No. 100-306 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 23, considered and passed House. Sept. 25, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/822

 101 STAT. 792

PUBLIC LAW 100-121—SEPT. 30, 1987

Public Law 100-121 100th Congress An Act Sept. 30, 1987 [H.R. 1163]

To amend section 902(e) of the Federal Aviation Act of 1958 to revise criminal penalties relating to certain aviation reports and records offenses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 902(e) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(e)) is amended to read as follows: " F A I L U R E TO F I L E REPORTS; FALSIFICATION OF RECORDS

"(e)(1) Whoever, being an air carrier, or an officer, agent, employee, or representative of an air carrier, intentionally— "(A) fails to make a report or to keep an account, record, or memorandum; "(B) falsifies, mutilates, or alters a report, account, record, or memorandum; or "(C) files a false report, account, record, or memorandum; under this Act, shall be fined not more than $5,000 in the case of an individual and not more than $10,000 in the case of a person other than an individual. "(2) Whoever, being an air carrier, or an officer, agent, employee, or representative of an air carrier, intentionally— "(A) falsifies or conceals a material fact; or "(B) invites reliance on a false statement or representation concerning a material fact; in a report, account, record, or memorandum under title VI of this Act shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both.". Approved September 30, 1987.

LEGISLATIVE HISTORY—H.R. 1163: HOUSE REPORTS: No. 100-114, Pt. 1 (Comm. on the Judiciary). SENATE REPORTS: No. 100-146 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): June 22, considered and passed House. ., Sept. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/823

 PUBLIC LAW 100-122—SEPT. 30, 1987 Public Law 100-122 100th Congress

101 STAT. 793 ^

Joint Resolution To provide for the extension of certain programs relating to housing and community development, and for other purposes.

Resolved by the Senate and House of Representatives United States of America in Congress assembled,

Sept. 30, 1987 [S.j. Res. 191]

of the

SECTION 1. CONTINUATION OF PRIOR EXTENSIONS.

12 USC 1721 note.

Each provision of law amended by Public Law 99-430 is amended by striking out "September 80, 1987" wherever it appears and '"'"' ' inserting in lieu thereof "October 31, 1987". SEC. 2, ADDITIONAL EXTENSIONS. (a) SOLAR BANK.—The last sentence of section 505(a) of the Solar Energy and Energy Conservation Bank Act is amended by striking 12 USC 3603. out "September 30, 1987" and inserting in lieu thereof "October 31, 1987". (b) AUTHORITY TO PURCHASE SECOND MORTGAGES.— (1) FEDERAL NATIONAL MORTGAGE ASSOCIATION.—Section

. •*

302(b)(5)(A)(i) of the Federal National Mortgage Association Charter Act is amended by striking out "until October 1, 1987" 12 USC 1717. and inserting in lieu thereof "through October 31, 1987". (2) FEDERAL HOME LOAN MORTGAGE CORPORATION.—Section

305(a)(4)(A)(i) of the Federal Home Loan Mortgage Corporation Act is amended by striking out "until October 1, 1987" and 12 USC 1454. inserting in lieu thereof "through October 31, 1987". (c) LIMITATION ON AMOUNT TO B E INSURED UNDER NATIONAL

HOUSING ACT.—Section 531 of the National Housing Act is amended 12 USC l735f-9. by striking out "for fiscal year 1986" and inserting in lieu thereof "for any fiscal year". (d) PREPAYMENT MORATORIUM.—The second paragraph under the heading "FARMERS HOME ADMINISTRATION" in chapter X of title I of Public Law 100-71 is amended by striking out "September 30, 1987" 42 USC and inserting in lieu thereof "October 31, 1987". 1472 note. Approved September 30, 1987.

LEGISLATIVE HISTORY—S.J. Res. 191:

CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 25, considered and passed Senate. Sept. 29, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/824

 101 STAT. 794

PUBLIC LAW 100-123—OCT. 5, 1987

Public Law 100-123 100th Congress Oct. 5, 1987 [S. 15321

. ^ An Act

Relating to the payment for telecommunications equipment and certain services furnished by the Sergeant at Arms and Doorkeeper of the Senate.

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

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DEFINITIONS

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SECTION 1. As used in this Act, the term— (1) "Sergeant at Arms" means the Sergeant at Arms and Doorkeeper of the United States Senate; and (2) "user" means any Senator, Officer of the Senate, Commit•* tee, office, or entity provided telephone equipment and services f )- / ^ by the Sergeant at Arms. REGULATIONS; CERTIFICATION

2 USC 58a-2. ''

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SEC, 2. (a) Subject to such regulations as may hereafter be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to telephone equipment and services provided to any user on a reimbursable basis (including repair or replacement), solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise. (b) For purposes of this Act, telephone equipment and services provided to any user for which payment, prior to the effective date of this Act, was not authorized from the contingent fund of the Senate shall, on and after such effective date, be considered telephone equipment and services provided on a reimbursable basis for which payment may be obtained from such fund in accordance with subsection (a) of this section. (c) Subject to the approval of the Committee on Rules and Administration, the Sergeant at Arms may establish reasonable charges for telephone equipment and services provided to any user which may be in addition to that regularly authorized by the Committee. (d) All moneys, derived from payments for telephone equipment and services provided from funds from the Appropriation Account within the contingent fund of the Senate for "Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate" under the line item for Telecommunications (including receipts from carriers and others for loss or damage to such services or equipment for which repair or replacement has been provided by the Sergeant at Arms), shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same

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Page:United States Statutes at Large Volume 101 Part 1.djvu/825

 PUBLIC LAW 100-123—OCT. 5, 1987

101 STAT. 795

limitations as any other moneys in such account and under such Hne item. (e) Nothing in this Act shall be construed as limiting or otherwise affecting the authority of the Committee on Rules and Administration of the Senate to classify or reclassify telephone equipment and services provided to any user as equipment or services for which reimbursement may or may not be required. REPORT

SEC. 3. The Sergeant at Arms shall report to the Committee on 2 USC 58a-3. Rules and Administration of the Senate, at such time or times, and in such form and manner, as the Committee may direct, on expenditures made, and revenues received, pursuant to this Act. It shall be the function of the Sergeant at Arms to advise the Committee, as soon as possible, of any dispute regarding payments to and from such Appropriation Account as related to the line item for Telecommunications, including any amounts due and unpaid by any user, if any such dispute has remained unresolved for a period of at least 60 days. EFFECTIVE DATE

SEC. 4. This Act shall take effect on October 1, 1987. '*

2 USC 58a-l note.

Approved October 5, 1987,

LEGISLATIVE HISTORY—S. 1532: SENATE REPORTS: No. 100-121 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 5, considered and passed Senate. Sept. 22, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/826

 101 STAT. 796

PUBLIC LAW 100-124—OCT. 5, 1987

Public Law 100-124 100th Congress

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Joint Resolution Oct. 5, 1987 [S.J. Res. 84]

To designate October 1987 as "National Down Syndrome Month".

Whereas the past decade and a half has brought a greater and more enlightened attitude in the care and training of the developmentally disabled; Whereas one such condition which has undergone considerable reevaluation is that of Down syndrome—a problem which, just a short time ago, was often stigmatized as a mentally retarded condition which relegated its victims to lives of passivity in institutions and back rooms; Whereas through the efforts of concerned physicians, teachers and parent groups such as the National Down Syndrome Congress, programs are being put in place to educate new parents of babies with Down syndrome, to develop special education classes within mainstreamed programs in schools, to provide for vocational training in preparation for entering the work force, and to prepare young adults with Down syndrome for independent living in the community; Whereas the cost of such services designed to help individuals with Down syndrome move into their rightful place in our society is but a tiny fraction of the cost of institutionalization; Whereas not only the improvement in educational opportunities for those with Down syndrome, but also the advancement in medical science is adding to a brighter outlook for individuals born with this chromosomal configuration; and Whereas public awareness and acceptance of the capabilities of children with Down syndrome can greatly facilitate their being mainstreamed in our society: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 1987 is designated as "National Down Syndrome Month" and that the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the designated month with appropriate programs, ceremonies, and activities. Approved October 5, 1987.

LEGISLATIVE HISTORY—S.J. Res. 84: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 20, considered and passed Senate. Sept. 30, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/827

 PUBLIC LAW 100-125—OCT. 8, 1987

101 STAT. 797

Public Law 100-125 100th Congress Joint Resolution Designating September 27, 1987, as "Gold Star Mothers Day".

Whereas the services rendered to the United States by the mothers of America have strengthened and inspired our Nation throughout our history; Whereas we honor ourselves and the mothers of America when we revere and emphasize the role of the home and the family as the true foundations of our Nation; Whereas by doing so much for the home, the American mother is a source of moral and spiritual guidance for the people of the United States and thus acts as a positive force to promote good government and peace among all mankind; Whereas the American Gold Star Mothers assist veterans of the Armed Forces and their dependents in the presentation of claims to the Veterans' Administration, and aid the men and women who served and died or were wounded or incapacitated during hostilities; and Whereas the American Gold Star Mothers have suffered the supreme sacrifice of motherhood by losing sons and daughters who served in the Armed Forces, and thus perpetuate the memory of all whose lives were sacrificed in our wars: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That September 27, 1987, is designated as "Gold Star Mothers Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved October 8, 1987.

LEGISLATIVE HISTORY—H.J. Res. 355: CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 23, considered and passed House. Sept. 25, considered and passed Senate.

Oct. 8, 1987 [H.J. Res. 355]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/828

 101 STAT. 798

PUBLIC LAW 100-126—OCT. 8, 1987

Public Law 100-126 100th Congress

"' Joint Resolution

Oct. 8, 1987 [S.J. Res. 142]

To designate the day of October 1, 1987, as "National Medical Research Day".

Whereas America's medical research enterprise has been, and will continue to be, the acknowledged world leader in promoting health and preventing disease and disability; Whereas medical research (defined for purposes of this Joint Resolution as biomedical and behavioral research) continuously contributes to the discovery of new knowledge that will lead to the improved health and well-being of Americans and of all humankind; Whereas America's medical research enterprise continues to pioneer breakthroughs in the detection and treatment of diseases and promote the widespread application of these methods and technologies to medical practice; Whereas medical research has significantly contributed to bringing America's death rate to an all-time low and its life expectancy rates to all-time highs; Whereas America's medical research enterprise has contributed enormously to the control and virtual worldwide eradication of epidemic diseases such as cholera, smallpox, yellow fever, and bubonic plague, and the prevention in this country of childhood diseases such as diptheria, polio, tetanus, and pertussis; Whereas medical research has successfully produced effective vaccines now widely used to combat measles, mumps, rubella, meningitis, pneumonia, influenza, rabies, upper respiratory diseases, and hepatitis B; Whereas America's financial investment in medical research has consistently been rewarded with positive returns as measured by reduced morbidity, and improved individual productivity and health status; Whereas the products and by-products of medical research contribute significantly to the health of America's overall economy and its ability to compete successfully in international commerce and trade; Whereas medical research in this country has fostered a productive and ongoing positive public and private sector partnership among government, academia, industry, and voluntary organizations in the pursuit of research excellence and discovery; Whereas the Congress of the United States has consistently demonstrated a Federal financial commitment to maintaining America's preeminence in medical research through support of such agencies as the National Institutes of Health, the Alcohol, Drug Abuse and Mental Health Administration, the Centers for Disease Control, and the Veterans' Administration; Whereas the Congress and President of the United States have formally recognized 100 years of Federal support for medical research through resolution and proclamation commemorating

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Page:United States Statutes at Large Volume 101 Part 1.djvu/829

 PUBLIC LAW 100-126—OCT. 8, 1987

101 STAT. 799

the current Federal fiscal year as the National Institutes of Health Centennial year; Whereas America's medical research enterprise has produced 85 internationaly respected Nobel laureates in physiology, medicine, and chemistry and must continue to foster the interest and training of young scientists, medical practitioners, and other health professionals in research careers, as well as ensure the adequacy of the settings within which they will work; Whereas America's medical researchers are working at the forefront of biomedical technologies which create exciting new medical research opportunities that hold the best hope for unraveling the mysteries of cancer, AIDS, Alzheimer's disease, arthritis, heart and lung diseases, mental illness, and the many other diseases and disorders which claim or severely impair the lives of millions of Americans; and Whereas the Congress of the United States acknowledges with pride the many accomplishments of America's medical research enterprise and confidently looks to it for continued progress in relieving human suffering and conquering the diseases and disorders that afflict the people of this country: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the day of October 1, 1987, is designated as "National Medical Research Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved October 8, 1987.

LEGISLATIVE HISTORY—S.J. Res. 142: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Sept. 30, considered and passed House.

. _,,.•.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/830

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 108 of the National Historic Preservation Act is amended by striking “1987” and inserting in lieu thereof “1992”.

Approved October 9, 1987.

—H.R. 1744:

HOUSE REPORTS: No. 100-160 (Comm. on Interior and Insular Affairs).

SENATE REPORTS: No. 100-161 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 133 (1987):
 * June 22, considered and passed House.
 * Sept. 25, considered and passed Senate.


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Page:United States Statutes at Large Volume 101 Part 1.djvu/831

 PUBLIC LAW 100-128—OCT. 14, 1987 Public Law 100-128 100th Congress

101 STAT. 801

^ Joint Resolution

To designate the week of October 11, 1987, through October 17, 1987, as "National Job Skills Week".

Whereas one of the most critical problems facing the Nation is to foster the development of a national work force that can meet the challenges of today and tomorrow; Whereas work in the United States is undergoing rapid and profound change; Whereas advances in technology will require new skills not now held by the national work force; Whereas it is predicted that through the remainder of this century, businesses will experience a shortage of entry level skilled workers; Whereas the skills of many young adults and teenagers are inadequate to perform jobs that are becoming available, thereby contributing to a much greater than normal unemployment rate among young people; Whereas the ability to maintain a competitive and productive edge necessary for a strong economy and relatively high standard of living are dependent on the national work force; Whereas the productivity and ability of the Nation to compete in a world economy are dependent on the national work force; and Whereas a National Job Skills Week can serve to highlight the many changes that are underway in the workplace which have necessitated the learning of new skills, concentrate attention on private and public job training efforts, and bring attention to present and future work force needs: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of October 11, 1987, through October 17, 1987, is designated as "National Job Skills Week" and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States and interested groups to observe such week with appropriate programs and activities. Approved October 14, 1987.

.''

"

^'"

LEGISLATIVE HISTORY—S.J. Res. 72: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Sept. 30, considered and passed House.

Oct. 14, 1987 [S.J. Res. 72]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/832

 101 STAT. 802

PUBLIC LAW 100-129—OCT. 14, 1987

Public Law 100-129 100th Congress

.0

J;. •

Joint Resolution Oct. 14, 1987 ro T p vHVn

'^° designate October 16, 1987, as "World Food Day".

Whereas hunger and malnutrition remain daily facts of life for hundreds of millions of people throughout the world; Whereas the children of the world suffer the most serious effects of hunger and malnutrition, with millions of children dying each year from hunger-related illness and disease, and many others suffering permanent physical or mental impairment because of vitamin or protein deficiencies; Whereas the United States and the people of the United States have a long tradition of demonstrating humanitarian concern for the hungry and malnourished people of the world, recently manifested by the American response to African famine; Whereas efforts to resolve the world hunger problem are critical to the maintenance of world peace and, therefore, to the security of the United States; Whereas the United States, as the largest producer and trader of food in the world, has a key role to play in assisting countries and people to improve their ability to feed themselves; Whereas although progress has been made in reducing the incidence of hunger and malnutrition in the United States, certain groups, notably Native Americans, migrant workers, the elderly, and children, remain vulnerable to malnutrition and related diseases; Whereas the Congress is acutely aware of the paradox of immense farm surpluses in the United States despite the desperate need for food by people throughout the world; Whereas the United States and other countries should develop and continually evaluate national policies concerning food, farmland, and nutrition to achieve the well-being and protection of all people and particularly those most vulnerable to malnutrition and related diseases; Whereas improved agricultural policies, including farmer incentives, are necessary in many developing countries to increase food production and economic growth; Whereas private enterprise and the primacy of the independent family farmer have been basic to the development of an agricultural economy in the United States and have made the United States capable of meeting the food needs of most of the people of the United States; Whereas increasing farm foreclosures threaten to destroy the independent family farmer and weaken the agricultural economy in the United States; Whereas conservation of natural resources is necessary for the United States to remain the largest producer of food in the world and to continue to aid hungry and malnourished people of the world; Whereas participation by the private voluntary organizations and businesses, working with national governments and the inter-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/833

 PUBLIC LAW 100-129—OCT. 14, 1987

101 STAT. 803

national community, is essential in the search for ways to increase food production in developing countries and improve food distribution to hungry and malnourished people; Whereas the member nations of the Food and Agriculture Organization of the United Nations unanimously designated October 16 of each year as World Food Day because of the need to increase public awareness of world hunger problems; Whereas past observances of World Food Day have been supported by proclamations by the Congress, the President, the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States, and by programs of the Department of Agriculture, other Federal departments and agencies, and the governments and peoples of more than 140 other nations; Whereas more than 375 private voluntary organizations and thousands of community leaders are participating in the planning of World Food Day observances in 1987, and a growing number of these organizations and leaders are using such day as a focal point for year-round programs; and Whereas the people of the United States can express their concern for the plight of hungry and malnourished people throughout the world by fasting and by donating food and money for them: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 16, 1987, is designated as "World Food Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that day with appropriate ceremonies and activities, including worship services, fasting, educational endeavors, and the establishment of year-round food and health programs and policies. Approved October 14, 1987.

LEGISLATIVE HISTORY—S.J. Res. 110: CONGRESSIONAL RECORD, Vol. 133 (1987): June 5, considered and passed Senate. Sept. 30, considered and passed House.

91-194 O - 90 - 27: QL.3 Part 1

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Page:United States Statutes at Large Volume 101 Part 1.djvu/834

 101 STAT. 804

PUBLIC LAW 100-130—OCT. 15, 1987

Public Law 100-130 100th Congress An Act Oct. 15, 1987 [H.R. 242]

To provide for the conveyance of certain public lands in Oconto and Marinette Counties, Wisconsin.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF CONVEYANCE.

Taxes.

(a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") may convey any portion of the land described in subsection (b) to any citizen of the United States who claims and demonstrates possession of such portion of land. (b) DESCRIPTION OF LAND.—The land referred to in subsection (a) consists of parcels of public lands constituting a survey hiatus in township 29 north, range 21 ¥2 east, fourth principal meridian, Oconto and Marinette Counties, Wisconsin, which contain approximately 200 acres. (c) PRELIMINARY DETERMINATIONS.—No conveyance may be made under authority of this Act until the Secretary determines that— (1) such conveyance— -,s.<' (-^^ is i*^ ^^® public interest; and t^..; ' (B) will serve objectives which outweigh public objectives ^'T •' and values which would be served by retaining such lands ^ in Federal ownership; and (2) no other statutory authority exists whereby the Secretary may afford the appropriate relief. SEC. 2. PROCEDURE FOR CONVEYANCE. .. ^ (a) DETERMINATION OF PRICE.—In determining the price for which land may be conveyed, the Secretary— (1) shall appraise the land on the basis of its fair market value at the time of appraisal; (2) shall deduct the value of improvements or development made by the person claiming possession or his predecessors in interest; and (3) may further discount the price according to equitable considerations that exist with respect to each conveyance, including but not limited to— (A) the amount originally paid for a parcel by the person claiming possession of such parcel; and (B) any taxes that have been paid with respect to a parcel by the person claiming possession of such parcel. (b) DESCRIPTION OF LAND CONVEYED AND CONVEYANCE THROUGH

TRUSTEE.—(1) Land conveyed under this Act shall be described according to the rectangular system of survey, as reflected on the Federal plat of survey. (2) In the event that an individual tract of land does not conform to such survey—

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Page:United States Statutes at Large Volume 101 Part 1.djvu/835

 PUBLIC LAW 100-130—OCT. 15, 1987

101 STAT. 805

(A) the Secretary may convey such tract to a trustee acting on behalf of more than one claimant for purposes of conforming the legal description to such plat; and (B) such trustee shall thereafter convey the appropriate interests to the respective claimants. SEC. 3. TIME LIMIT FOR INITIATION OF IMPLEMENTATION. The Secretary shall initiate action to implement this Act within 120 days of the date of the enactment of this Act. Approved October 15, 1987. £.Sr/i IriSY'

i8tf,r,«i: -miiorO bfev:;tt|qA

LEGISLATIVE HISTORY—H.R. 242: HOUSE REPORTS: No. 100-15 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-178 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 10, considered and passed House. Oct. 1, considered and passed Senate.

^•4,

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Page:United States Statutes at Large Volume 101 Part 1.djvu/836

 101 STAT. 806

PUBLIC LAW 100-131—OCT. 15, 1987

Public Law 100-131 100th Congress

. Joint Resolution

Oct. 15, 1987 [H.J. Res. 338]

Designating October 15, 1987, as "National Safety Belt Use Day".

Whereas safety belts and child safety seats have proven to be effective in reducing highway fatalities and injuries; Whereas the legislatures of 29 States and the District of Columbia have recognized the benefits of safety belt use and enacted safety belt use laws; Whereas child safety seat laws are in effect in all of the States; Whereas as a result of these laws and other activities, millions of Americans are regularly wearing safety belts and using child safety seats; Whereas the universal use of these safety systems would prevent thousands of fatalities and injuries each year; Whereas the use of safety belts and child safety seats should be encouraged even as passive restraint systems are phased into the vehicle fleet; Whereas numerous public interest and safety organizations are working to encourage more extensive use of safety belts and child safety seats; and Whereas the law enforcement community has played an essential role in encouraging the more widespread use of safety belts and child safety seats: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 15, 1987, is designated as "National Safety Belt Use Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to wear safety belts and have their children use child safety seats, and encouraging public safety and law enforcement agencies to promote greater usage of these essential safety devices. Approved October 15, 1987.

LEGISLATIVE HISTORY—H.J. Res. 338 (S.J. Res. 184): CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 15, considered and passed House. Oct. 8, considered and passed Senate..

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Page:United States Statutes at Large Volume 101 Part 1.djvu/837

 PUBLIC LAW 100-132—OCT. 16, 1987 Public Law 100-132 100th Congress

.

101 STAT. 807 ,

t

An Act To authorize the donation of certain non-Federal lands to Gettysburg National Military Park and to require a study and report on the final development of the park.

Q.,/.,^0^ ' [H.R.797]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DONATION OF NON-FEDERAL LANDS.

16 USC 430g-3.

The Secretary of the Interior shall accept on behalf of the United Pennsylvania. States, the donation of approximately 31 acres of land known as the "Taney Farm" for administration as part of the Gettysburg National Military Park in Pennsylvania if such land is offered to be conveyed to the United States without cost to the United States by the Gettysburg Battlefield Preservation Association. Upon acceptance of title thereto by the United States, such property shall be subject to all laws and regulations applicable to the park. SEC.

2. ACQUISITION OF ADDITIONAL LANDS FOR GETTYSBURG 16 USC 430g NATIONAL MILITARY PARK; STUDY AND REPORT. note.

(a) ACQUISITION OF ADDITIONAL LANDS.—Except as provided in

section 1 of this Act, until Congress receives the study under subsection (b), the Secretary of the Interior may not acquire by purchase, donation, exchange, or any other means any additional land for the Gettysburg National Military Park which is not within the boundaries of the 3,874 acre area depicted on the map dated July 25, 1974, numbered 305-92,004 and entitled "Gettysburg National Military Park". (b) STUDY BY NATIONAL PARK SERVICE.—The Secretary of

the

Interior through the National Park Service shall conduct a boundary study and shall submit a report to Congress within one year of the date of enactment of this Act, with recommendations with respect to the final development of the Gettysburg National Military Park. In conducting the study, the Secretary shall consult with the people of the community and their elected representatives at all levels as well as with other interested individuals and groups. Approved October 16, 1987.

LEGISLATIVE HISTORY—H.R. 797: HOUSE REPORTS: No. 100-19 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-179 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 10, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/838

 101 STAT. 808

PUBLIC LAW 100-133—OCT. 16, 1987

Public Law 100-183 100th Congress

w.

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An Act Oct. 16, 1987 [H.R. 1205]

To direct the Secretary of Agriculture to release a reversionary interest of the United States in certain land located in Putnam County, Florida, and to direct the Secretary of the Interior to convey certain mineral interests of the United States in such land to the State of Florida.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RELEASE OF REVP]RSIONARY INTEREST.

' i K?;

(a) RELEASE.—The Secretary of Agriculture shall take such actions as are necessary to release the restriction described in subsection 0^) if, in consideration of such release, the State of Florida agrees to transfer to the United States a vested future interest, similar to such restriction, in the land identified as "Lands Subject to Future Vested Interest" on the map referred to in subsection (c). (b) RESTRICTION.—The restriction referred to in subsection (a) is a reversionary interest of the United States in the land identified as "Lands Divested of Reversionary and Mineral Interests" on the map referred to in subsection (c) that— !.; • (1) requires that such land be used for public purposes; and (2) is contained in a deed— (A) granting such land from the United States to the r. State Board of Education of Florida; rK„f. (B) dated October 19, 1954; and J:< (C) recorded at page 337 of book 224 of the record of deeds for Putnam County, Florida. (c) M A P AND LEGAL DESCRIPTION.—The lands and interests in

lands that are subject to this Act are those lands identified as "Lands Subject to Future Vested Interest" and "Lands Divested of Reversionary and Mineral Interests" as generally depicted on a map entitled "Wilcox Exchange, Putnam County, Florida", dated February 27, 1987, numbered page 1 of 3, and filed, together with a legal description of such lands, in the Office of the Chief of the Forest Service, United States Department of Agriculture. Such map and legal description shall have the same force and effect as if included in this Act, except that cori-ection of clerical and typographical errors in such legal description and map may be made by the Secretary of Agriculture. SEC. 2. SALE OF MINERAL RIGHTS.

(a) IN GENERAL.—Subject to any valid existing rights of third parties, the Secretary of the Interior shall convey to the State of Florida all of the undivided mineral interests of the United States in the land identified as "Lands Divested of Reversionary and Mineral Interests" on the map referred to in section 1(c) as soon as practicable after the date of the compliance by the State of Florida with the provisions of subsection (b)(2).

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Page:Amazing Stories Volume 01 Number 01.djvu/54

52 no means of judging; the extent of diminution in the apparent disc of the sun did not afford sufficient basis even for an approximate calculation; and Captain Servadac was perpetually regretting that they could receive no further tidings from the anonymous correspondent, whom he persisted in regarding as a fellow-countryman.

The solidity of the ice was perfect; the utter stillness of the air at the time when the final congelation of the waters had taken place had resulted in the formation of a surface that for smoothness would rival a skating-rink; without a crack or flaw it extended far beyond the range of vision.

The contrast to the ordinary aspect of polar seas was very remarkable. There, the ice-fields are an agglomeration of hummocks and icebergs, massed in wild confusion, often towering higher than the masts of the largest whalers, and from the instability of their foundations liable to an instantaneous loss of equilibrium; a breath of wind, a slight modification of the temperature, not infrequently serving to bring about a series of changes outrivaling the most elaborate transformation scenes of a pantomime. Here, on the contrary, the vast white plain was level as the desert of Sahara or the Russian steppes; the waters of the Gallian Sea were imprisoned beneath the solid sheet, which became continually thicker in the increasing cold.

Accustomed to the uneven crystallizations of their own frozen seas, the Russians could not be otherwise than delighted with the polished surface that afforded them such excellent opportunity for enjoying their favorite pastime of skating. A supply of skates, found hidden away amongst the Dobryna's stores, was speedily brought into use. The Russians undertook the instruction of the Spaniards, and at the end of a few days, during which the temperature was only endurable through the absence of wind, there was not a Gallian who could not skate tolerably well, while many of them could describe figures involving the most complicated curves. Nina and Pablo earned loud applause by their rapid proficiency; Captain Servadac, an adept in athletics, almost outvied his instructor, the count; and Ben Zoof, who had upon some rare occasions skated upon the Lake of Montmartre (in his eyes, of course, a sea), performed prodigies in the art.

This exercise was not only healthful in itself, but it was acknowledged that, in case of necessity, it might become a very useful means of locomotion. As Captain Servadac remarked, it was almost a substitute for railways, and as if to illustrate this proposition, Lieutenant Procope, perhaps the greatest expert in the party, accomplished the twenty miles to Gourbi Island and back in considerably less than four hours.

The temperature, meanwhile, continued to decrease, and the average reading of the thermometer was about 16° C. below zero; the light also diminished in proportion, and all objects appeared to be enveloped in a half-defined shadow, as though the sun were undergoing a perpetual eclipse. It was not surprising that the effect of this continuously overhanging gloom should be to induce a frequent depression of spirits amongst the majority of the little population, exiles as they were from their mother earth, and not unlikely, as it seemed, to be swept far away into the regions of another planetary sphere. Probably Count Timascheff, Captain Servadac, and Lieutenant Procope were the only members of the community who could bring any scientific judgment to bear upon the uncertainty that was before them, but a general sense of the strangeness of their situation could not fail at times to weigh heavily upon the minds of all. Under these circumstances it was very necessary to counteract the tendency to despond by continual diversion; and the recreation of skating thus opportunely provided, seemed just the thing to arouse the flagging spirits, and to restore a wholesome excitement.

With dogged obstinacy, Isaac Hakkabut refused to take any share either in the labors or the amusements of the colony. In spite of the cold, he had not been seen since the day of his arrival from Gourbi Island. Captain Servadac had strictly forbidden any communication with him; and the smoke that rose from the cabin chimney of the Hansa was the sole indication of the proprietor being still on board. There was nothing to prevent him, if he chose, from partaking gratuitously of the volcanic light and heat which were being enjoyed by all besides; but rather than abandon his close and personal oversight of his precious cargo, he preferred to sacrifice his own slender stock of fuel.

Both the schooner and the tartan had been carefully moored in the way that seemed to promise best for withstanding the rigor of the winter. After seeing the vessels made secure in the frozen creek, Lieutenant Procope, following the example of many Arctic explorers, had the precaution to have the ice beveled away from the keels, so that there should be no risk of the ships' sides being crushed by the increasing pressure; he hoped that they would follow any rise in the level of the ice-field, and when the thaw should come, that they would easily regain their proper water-line.

On his last visit to Gourbi Island, the lieutenant had ascertained that north, east, and west, far as the eye could reach, the Gallian Sea had become one uniform sheet of ice. One spot alone refused to freeze; this was the pool immediately below the central cavern, the receptacle for the stream of burning lava. It was entirely enclosed by rocks, and if ever a few icicles were formed there by the action of the cold, they were very soon melted by the fiery shower. Hissing and spluttering as the hot lava came in contact with it, the water was in a continual state of ebullition, and the fish that abounded in its depths defied the angler's craft; they were, as Ben Zoof remarked, "too much boiled to bite."

At the beginning of April the weather changed. The sky became overcast, but there was no rise in the temperature. Unlike the polar winters of the earth, which ordinarily are affected by atmospheric influence, and liable to slight intermissions of their severity at various shiftings of the wind, Gallia's winter was caused by her immense distance from the source of all light and heat, and the cold was consequently destined to go on steadily increasing until it reached the limit ascertained by Fourier to be the normal temperature of the realms of space. With the over-clouding of the heavens there arose a violent tempest; but although the wind raged with an almost Inconceivable fury, it was unaccompanied by either snow or rain. Its effect upon


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Page:United States Statutes at Large Volume 101 Part 1.djvu/839

 PUBLIC LAW 100-133—OCT. 16, 1987

101 STAT. 809

(b) TERMS OF CONVEYANCE.—(1) Within 90 days after the date of the enactment of this Act, the Secretary of the Interior shall determine— (A) the mineral character of the land identified as "Lands Divested of Reversionary and Mineral Interests" on the map •' referred to in section 1(c); and (B) the fair market value of the mineral interests referred to in subsection (a). (2) The State of Florida shall pay to the United States— (A) any administrative costs incurred by the United States in conveying such mineral interests to the State of Florida, including the costs of making the determinations required by paragraph (1); and (B)(i) the fair market value of such mineral interests; or (ii) $1, in the case of mineral interests in any land determined by the Secretary of the Interior to have no value and to be under no active mineral development or leasing. Approved October 16, 1987.

•.•I ' •

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••;: J ]/•

LEGISLATIVE HISTORY—H.R. 1205: HOUSE REPORTS: No. 100-65 (Comm. on Agriculture). SENATE REPORTS: No. 100-181 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): May 27, considered and passed House. ,,?« • Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/840

 101 STAT. 810

PUBLIC LAW 100-134—OCT. 16, 1987

Public Law 100-134 100th Congress An Act Oct. 16, 1987 [H.R. 2035]

To amend the Act establishing Lowell National Historical Park, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AMENDMENTS.

The Act entitled "An Act to provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes", approved June 5, 1978 (92 Stat. 290; 16 U.S.C. 410cc et seq.), is amended— 16 USC 410CC-13. (1) in section 103(a)— (A) by striking "$18,500,000" and inserting "$19,800,000" in paragraph (1); and (B) by striking "$21,500,000" and inserting "$38,600,000" in paragraph (2); 16 USC 410CC-31. (2) in section 301(e)(2) by striking "for a period not longer than thirty days" and inserting "until his successor is appointed"; and (3) in section 301(i) by striking "ten" and inserting "seventeen". 16 USC 410CC-13

SEC. 2. EFFECTIVE DATES.

(a) IN GENERAL.—Except as provided in subsection (b), the amendments made by section 1 shall take effect on the date of the enactment of this Act. (b) EFFECTIVE DATE OF AUTHORIZATION OF APPROPRIATION.—The

amendments made by section 1(1) shall take effect on October 1, 1987. Approved October 16, 1987.

LEGISLATIVE HISTORY—H.R. 2035 (S. 1012): HOUSE REPORTS: No. 100-303 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/841

 PUBLIC LAW 100-135—OCT. 16, 1987

101 STAT. 811

Public Law 100-135 100th Congress An Act To change the title of employees designated by the Librarian of Congress for police duty and to make the rank structure and pay for such employees the same as the rank structure and pay for the Capitol Police.

^. -.^ •.ao'j ' LH.R. 2^49]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TITLE, RANK STRUCTURE, AND PAY OF EMPLOYEES DESIGNATED BY THE LIBRARIAN OF CONGRESS FOR POLICE DUTY.

(a) IN GENERAL.—The first section of the Act entitled "An Act relating to the policing of the buildings and grounds of the Library of Congress", approved August 4, 1950 (2 U.S.C. 167), is amended to read as follows: "That the Librarian of Congress may designate employees of the Library of Congress as police for duty with respect to the Library of Congress buildings and adjacent streets. The rank structure and pay for employees so designated shall be the same as the rank structure and pay for the Capitol Police.". (b) CONFORMING AMENDMENTS.—

(1) Section 9 of the Act entitled "An Act relating to the policing of the buildings and grounds of the Library of Congress", approved August 4, 1950 (2 U.S.C. 167h), is amended by stflKinET o u t

STDPClJll

(2) Section 5102(c)(27) of title 5, United States Code, is amended by striking out "special police force" and inserting in lieu thereof "police". SEC. 2. TRANSITION RULE FOR CERTAIN EMPLOYEES.

(a) IN GENERAL.—Notwithstanding the amendments made by section 1, each identified employee shall be paid in accordance with prior law until the earliest of— (1) the first pay period during which the employee does not perform Sunday work or night work; (2) the first pay period for which the pay of the employee, computed in accordance with the amendments made by section 1 and without regard to this section, exceeds the pay computed under prior law; or (3) the first pay period beginning after September 30, 1989. (b) DEFINITIONS.—As used in this section— (1) the term "identified employee" means an employee identified by the Librarian of Congress as an employee who (with respect to each of the thirteen pay periods immediately before the first pay period to which the amendments made by section 1 apply) is designated by the Librarian for police duty, at the rank of private, and receives additional pay for Sunday work or night work under section 5544 or section 5545 of title 5, United States Code; and (2) the,term "prior law" means the first section of the Act entitled "An Act relating to the policing of the buildings and

2 USC 167 note.

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