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 PUBLIC LAW 99-180—DEC. 13, 1985

99 STAT. 1161

FEDERAL COMMUNICATIONS COMMISSION SALARIES AND EXPENSES

For necessary expenses for the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901-02); not to exceed $700,000 for land and structures; not to exceed $200,000 for improvement and care of grounds and repair to buildings; not to exceed $3,000 for official reception and representation expenses; purchase (not to exceed ten) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $94,400,000. Not to exceed $300,000 of the foregoing amount shall remain available until September 30, 1987, for research and policy studies. FEDERAL MARITIME COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and uniforms or allowemces therefor, as authorized by 5 U.S.C. 5901-02; $11,870,000: Provided, That not to exceed $1,500 shall be available for official reception and representation expenses. FEDERAL TRADE COMMISSION SALARIES A N D EXPENSES

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 59015902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses; the sum of $65,500,000: Provided, That the funds appropriated in this paragraph are subject to the limitations and provisions of sections 10(a) and 10(c) (notwithstanding section 10(e)), llOa), 18, and 20 of the Federal Trade Commission Improvements Act of 1980 (Public Law 96-252; 94 Stat. 374). 15 USC 57a and note, 57c note. INTERNATIONAL TRADE COMMISSION SALARIES A N D EXPENSES

For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $28,600,000. JAPAN-UNITED STATES FRIENDSHIP COMMISSION JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

For expenses of the Japan-United States Friendship Commission as authorized by Public Law 94-118, as amended, from the interest 22 USC 2901 earned on the Japan-United States Friendship Trust Fund, $775,000 note. to remain available until expended; and an amount of Japanese currency not to exceed the equivalent of $1,200,000 based on exchange rates at the time of payment of such amounts, to remain

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 99 STAT. 1162

PUBLIC LAW 99-180—DEC. 13, 1985 available until expended: Provided, That not to exceed a total of $2,500 of such amounts shall be available for official reception and representation expenses. LEGAL SERVICES CORPORATION PAYMENT TO THE LEGAL SERVICES CORPORATION

42 USC 2701 note.

42 USC 2996c.

For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, as amended, $305,500,000: Provided, That none of the funds appropriated in this Act for the Legal Services Corporation shall be used to bring a class action suit against the Federal Government or any State or local government unlei^— (1) the project director of a recipient has expressly approved the filing of such an action in accordance with policies established by the governing body of such recipient; (2) the class relief which is the subject of such an action is sought for the primary benefit of individuals who are eligible for legal assistance; and (3) that prior to filing such an action, the recipient project director has determined that the government entity is not likely to change the policy or practice in question, that the policy or practice will continue to adversely affect eligible clients, that the recipient has given notice of its intention to seek class relief and that responsible efforts to resolve without litigation the adverse effects of the policy or practice have not been successful or would be adverse to the interest of the clients: except that this proviso may be superseded by regulations governing the bringing of class action suits promulgated by a majority of the Board of Directors of the Corporation who have been confirmed in accordance with section 1004(a) of the Legal Services Corporation Act: Provided further, That none of the funds appropriated in this Act made available by the Legal Services Corporation may be used— (1) to pay for any publicity or propaganda intended or designed to support or defeat legislation pending before Congress or State or local legislative bodies or intended or designed to influence any decision by a Federal, State, or local agency; (2) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device, intended or designed to influence any decision by a Federal, State, or local agency, except when legal assistance is provided by an employee of a recipient to an eligible client on a particular application, claim, or case, which directly involves the client's legal rights or responsibilities; (3) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or any other device intended or designed to influence any Member of Congress or any other Federal, State, or local elected official— (A) to favor or oppose any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council or any similar governing body acting in a legislative capacity.

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 PUBLIC LAW 99-180—DEC. 13, 1985

99 STAT. 1163

(B) to favor or oppose an authorization or appropriation directly affecting the authority, function, or funding of the recipient or the Corporation, or (C) to influence the conduct of oversight proceedings of the recipient or the Corporation; (4) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or any other device intended or designed to influence any Member of Congress or any other Federal, State, or local elected official to favor or oppose any Act, bill, resolution, or similar legislation, except that this proviso shall not preclude funds from being used to provide communication directly to a Federal, State, or local elected official on a specific and distinct matter where the purpose of such communication is to bring the matter to the official's attention if— (A) the project director of a recipient has expressly approved in writing the undertaking of such communication to be made on behalf of a client or class of clients in accordsmce with policy established by the governing body of the recipient; and (B) the project director of a recipient has determined prior to the undertaking of such communication, that— (i) the client and each such client is in need of relief which can be provided by the legislative body involved; (ii) appropriate judicial and administrative relief have been exhausted; and (iii) documentation has been secured from each eligible client that includes a statement of the specific legal interests of the client, except that such communication may not be the result of participation in a coordinated effort to provide such communications under this proviso; and (C) the project director of a recipient maintains documentation of the expense and time spent under this proviso as part of the records of the recipient; or (D) the project director of a recipient has approved the submission of a communication to a legislator requesting introduction of a private relief bill: except that nothing in this proviso shall prohibit communications made in response to a request from a Federal, State, or local official: Provided further, That none of the funds appropriated in this Act Prohibition. made available by the Legal Services Corporation may be used to pay for any administrative or related costs associated with an activity prohibited in clause (1), (2), (3), or (4) of the previous proviso: Provided further. That none of the funds appropriated under this Prohibition. Act for the Legal Services Corporation will be expended to provide Aliens. legal assistance for or on behalf of any alien unless the alien is present in the United States and is— (1) an alien lawfully admitted for permanent residence as defined in section 101(a)(20) of the Immigration and Nationality Act(8 U.S.C.1101(a)(20)); (2) an alien who is either married to a United States citizen or is a parent or an unmarried child under the age of twenty-one years of such a citizen and who has filed an application for adjustment of status to permanent resident under the Immigration and Nationality Act, and such application has not been 8 USC 1101 note. rejected;

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 99 STAT. 1164

Aliens.

Prohibition.

Prohibition. 42 USC 2996J.

Prohibition.

PUBLIC LAW 99-180—DEC. 13, 1985

(3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157, relating to refugee admissions) or who has been granted asylum by the Attorney General under such Act; or (4) an alien who is lawfully present in the United States as a result of the Attorney General's withholding of deportation pursuant to section 243(h) of the Immigration and Nationality Act (8 U.S.C. 1253(h)): Provided further, That an alien who is lawfully present in the United States as a result of being granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for purposes of the previous proviso, to be an alien described in clause (3) of the previous proviso: Provided further. That none of the funds appropriated for the Legal Services Corporation may be used to support or conduct training programs for the purpose of advocating particular public policies or encouraging political activities, labor or antilabor activities, boycotts, picketing, strikes, and demonstrations, including the dissemination of information about such policies or activities, except that this provision shall not be construed to prohibit the training of attorneys or paralegal personnel necessary to prepare them to provide adequate legal assistance to eligible clients or to advise any eligible client as to the nature of the legislative process or inform any eligible client of his rights under statute, order, or regulation: Provided further. That none of the funds appropriated in this Act for the Legal Services Corporation may be used to carry out the procedures established pursuant to section 1011(2) of the Legal Services Corporation Act unless the Corporation prescribes procedures to insure that financial assistance under this title shall not be terminated, and a suspension of financial assistance shall not be continued for more than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this title has been afforded reasonable notice and opportunity for a timely, full, and fair hearing and, when requested, such hearing shall be conducted by an independent hearing examiner, subject to the following conditions— (1) such request for a hearing shall be made to the Corporation within thirty days after receipt of notice to terminate financial assistance, deny an application for refunding, or suspend financial assistance and such hearing shall be conducted within thirty days of receipt of such request for a hearing; (2) the Corporation shall make such final decision within thirty days after completion of such hearing; and (3) hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation: Provided further, That none of the funds appropriated in this Act for the Legal Services Corporation may be used to carry out the procedures established pursuant to section 1011(2) of the Legal Services Corporation Act unless the Corporation prescribes procedures to ensure that an application for refunding shall not be denied unless the grantee, contractor, or person or entity receiving assistance under this title has been afforded reasonable notice and opportunity for a timely, full, and fair hearing to show cause why such action

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 PUBLIC LAW 99-180—DEC. 13, 1985

99 STAT. 1165

should not be taken and subject to all other conditions of the previous proviso: Provided further. That none of the funds appro- Prohibition. priated in this Act for the Legal Services Corporation shall be used by the Corporation in making grants or entering into contracts for legal assistance unless the Corporation insures that the recipient is either (1) a private attorney or attorneys (for the sole purpose of furnishing legal assistance to eligible clients) or (2) a qualified nonprofit organization chartered under the laws of one of the States, a purpose of which is furnishing legal assistance to eligible clients, the majority of the board of directors or other governing body of which organization is comprised of attorneys who are admitted to practice in one of the States and who are appointed to terms of office on such board or body by the governing bodies of State, county, or municipal bar associations the membership of which represents a majority of the attorneys practicing law in the locality in which the organization is to provide legal assistance: Provided further. That Prohibition. none of the funds appropriated in this Act for the Corporation shall be used, directly or indirectly, by the Corporation to promulgate new regulations or to enforce, implement, or operate in accordance with regulations effective after April 27, 1984 unless the Appropriations Committees of both Houses of Congress have been notified fifteen days prior to such use of funds as provided for in section 606 of this Act.

Post, p. 1170. MARINE MAMMAL COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92-522, as amended, $900,000. 16 USC I40i. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE SALARIES AND EXPENSES

For expenses necessary for the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $13,158,000: Provided, That not to exceed $72,000 shall be available for official reception and representation expenses. SECURITIES AND EXCHANGE COMMISSION SALARIES A N D EXPENSES

For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $2,000 for official reception and representation expenses, $111,100,000. SMALL BUSINESS ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles and not to exceed $2,500 for official reception and representation

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 99 STAT. 1166

PUBLIC LAW 99-180—DEC. 13, 1985

expenses, $173,800,000; and for grants for Small Business Development Centers as authorized by section 21(a) of the Small Business 15 USC 631 note. Act, as amended, $35,000,000. In addition $80,000,000 for disaster loan making activities, including loan servicing, shall be transferred to this appropriation from the "Disaster Loan Fund". WHITE HOUSE CONFERENCE ON SMALL BUSINESS

For necessary expenses of the White House Conference on Small 98 Stat. 169. Business as authorized by Public Law 98-276, $2,700,000, to remain 15 USC 631 note, available Until expended. REVOLVING FUNDS

31 USC 9104.

The Small Business Administration is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to its revolving funds, and in accord with the law, and to make such contracts and commitments without regard to fiscal year. limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for the "Disaster Loan Fund", the "Business Loan and Investment Fund", the "Lease Guarantees Revolving Fund", the "Pollution Control Equipment Contract Guarantees Revolving Fund", and the "Surety Bond Guarantees Revolving Fund". BUSINESS LOAN AND INVESTMENT FUND

For additional capital for the "Business Loan and Investment Fund", $66,000,000, to remain available without fiscal year limitation; and for additional capital for new direct loan obligations to be incurred by the "Business Lo£m and Investment Fund", $101,000,000, to remain available without fiscal year limitation. SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the "Surety Bond Guarantees Revolving Fund", authorized by the Small Business Investment Act, as 15 USC 661 note, amended, $7,000,000, to remain available without fiscal year limitation. STATE JUSTICE INSTITUTE SALARIES AND EXPENSES

42 USC 10701 note.

For necessary expenses of the State Justice Institute authorized by the State Justice Institute Act of 1984 (Public Law 98-620; 98 Stat. 3336-3346), $8,000,000, of which not to exceed $715,000 shall be available for administration. UNITED STATES INFORMATION AGENCY SALARIES AND EXPENSES

5 USC app.

For expenses, not otherwise provided for, necessary to enable the United States Information Agency, as authorized by Reorganization Plan No. 2 of 1977, the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.), and the United States

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 PUBLIC LAW 99-180—DEC. 13, 1985

99 STAT. 1167

Information and Educational Exchange Act, as amended (22 U.S.C. 1431 et seq.), to carry out international communication, educational and cultural activities, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $270,000, of which $250,000 is to facilitate United States participation in international expositions abroad); expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), living quarters as authorized by 5 U.S.C. 5912, and allowances as authorized by 5 U.S.C. 5921-5928; and entertainment, including official receptions, within the United States, not to exceed $20,000; $571,000,000, none of which shall be restricted from use for the purposes appropriated herein: Provided, That not to exceed $800,000 may be used for representation abroad: Provided further. That not to exceed $5,704,000 of the amounts allocated by the United States Information Agency to carry out section 102(a)(3) of the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2452(a)(3)), shall remain available until expended: Provided further. That receipts not to exceed $500,000 may be credited to this appropriation from fees or other payments received from or in connection with English-teaching programs as authorized by section 810 of Public Law 80-402, as amended. EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of Fulbright, International Visitor, Humphrey Fellowship and Congress-Bundestag Exchange Programs, as authorized by Reorganization Plan No. 2 of 1977 and the Mutual suscapp. Educational and Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.), $128,106,000. For the Private Sector Exchange Programs, $9,894,000, of which $1,500,000, to remain available until expended, is for the Eisenhower Exchange Fellowship Program. ACQUISITION AND CONSTRUCTION OF RADIO FACILITIES

For an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission and reception and purchase and installation of necessary equipment for radio transmission and reception, $114,000,000, to remain available until expended. RADIO BROADCASTING TO CUBA

For an additional amount, necessary to enable the United States Information Agency to carry out the Radio Broadcasting to Cuba Act (providing for the Radio Marti program or Cuba Service of the 22 USC 1465 Voice of America), including the purchase, rent, construction, and noteimprovement of facilities for radio transmission and reception and purchase and installation of necessary equipment for radio transmission and reception, $10,700,000, to remain available until expended. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST

To enable the Director of the United States Information Agency to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by 22 USC 2054 grant to any appropriate recipient in the State of Hawaii, note.

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 99 STAT. 1168 Prohibition.

63 Stat. 954.

PUBLIC LAW 99-180—DEC. 13, 1985

$20,750,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or to enter into any contract providing the payment thereof, in excess of the highest rate authorized in the General Schedule of the Classification Act of 1949, as amended. NATIONAL ENDOWMENT FOR DEMOCRACY

22 USC 4411 note.

For grants made by the United States Information Agency to the National Endowment for Democracy as authorized by the National Endowment for Democracy Act, $18,000,000. GENERAL PROVISIONS—UNITED STATES INFORMATION AGENCY

Prohibition.

SEC. 501. None of the funds provided in this Act for the United States Information Agency shall be awarded to the National Democratic Institute for International Affairs, the National Republican Institute for International Affairs, or any other organization connected in any manner with any political party operating in the United States, unless said Institutes agree that such funds received from the National Endowment for Democracy shall not be expended to finance the campaigns of candidates for public office in any country; shall not be used to finance activities of the Republican National Committee or the Democratic National Committee; shall not be used for partisan activities on behalf of either the Republican National Committee or the Democratic National Committee or on behalf of any candidate for public office; and agree that no officer or employee of the Republican or Democratic National Committees may serve as an officer or member of the Board of Directors of either Institute. UNITED STATES SENTENCING COMMISSION SALARIES AND EXPENSES

98 Stat. 2017. 28 USC 991 et seq.

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $1,100,000, to remain available until expended. TITLE VI—GENERAL PROVISIONS

Prohibition.

Prohibition.

Contracts.

Provisions held invalid.

SEC. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 602. No part of any appropriation contained in this Act shall remain avedlable for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 604. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

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 PUBLIC LAW 99-180—DEC. 13, 1985

99 STAT. 1169

SEC. 605. None of the funds appropriated in titles II and V of this Prohibitions. Act may be used for any activity to alter the per se prohibition on Commerce and resale price maintenance in effect under Federal antitrust laws: * ® Provided, That nothing in this provision shall prohibit any employee of a department or agency for which funds are provided in titles II and V of this Act from presenting testimony on this matter before appropriate committees of the House and Senate: Provided further. That whereas on January 23, 1985, the Department of Justice published a document entitled "Vertical Restraints Guidelines", for the stated purpose of explaining Federal policy for enforcing the Sherman Act and the Cla3rton Act with respect to nonprice vertical 15 USC 1-7,12. restraints of trade; Whereas such policy guidelines extend beyond the matter of nonprice verticed restraints of trade and propose the avoidance of the per se rule of illegality applied by the Supreme Court in 1911 in Dr. Miles Medical Company against John D. Park and Sons Compgmy (220 U.S. 373) to price-related restraints of trade and subsequently applied by the Supreme Court and endorsed by the Congress on many occasions; Whereas such policy guidelines are inconsistent with established antitrust law, as reflected in Supreme Court decisions and statements of congressional intent, in maintaining that such policy guidelines do not treat vertical price fixing when, in fact, some provisions of such policy guidelines suggest that certain price fixing conspiracies are legal if such conspiracies are "limited" to restricting intrabrand competition; by blurring the distinction between price and nonprice restraints in analyzing a distribution program containing both t3rpes of restraints, thereby qualifying the accepted rule that vertical price fixing in any context is illegal per se; in stating that vertical restraints that have an impact upon prices are subject to the per se rule of illegality only if there is an "explicit agreement as to the specific prices"; in stating that restraints imposed by a manufacturer at the request of dealers are vertical in nature and therefore not subject to the per se rule of illegality; in aggregating the factors of collusion and foreclosure, thereby failing to distinguish adequately between the separate antitrust concerns associated with vertical territorial restraints and with exclusive dealing practices; in stating that less than absolute territorial restraints are "alwajrs legal"; and in arbitrarily specifying a 30 per centum minimum market share in the tying product for assessing the legality of tying arrangements; Whereas such policy guidelines state that the Department of Justice may refuse to attribute to corporations the illegal conduct of their low-level employees acting within the scope of the authority conferred upon such employees by such corporations, contrary to the common law of corporate responsibility and agency in the antitrust context; Whereas the general business community would be at risk if it accepted and relied upon such policy guidelines as an accurate statement of existing Federal antitrust laws in the area of vertical restraints of trade; Whereas such policy guidelines relate to an area in which the Department of Justice has brought no enforcement actions in more than four years and may have been published, in part, as an attempt to influence the courts of the United States to pursue a

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 99 STAT. 1170

Prohibition. Contracts.

PUBLIC LAW 99-180—DEC. 13, 1985

very narrow and limited vertical restraint analysis in deciding private enforcement antitrust cases; Whereas previous antitrust enforcement policy guidelines issued by the Department of Justice have been substantially based on existing jurisprudence and congressional intent, and therefore have been given considerable weight by the courts of the United States in evaluating the facts in antitrust litigation; and Whereas the "Vertical Restraints Guidelines" may affect the development of antitrust law to the detriment of competitive pricing of branded goods and services by direct or mail order retailers: Now, therefore, be it Resolved, That it is the sense of the Congress that the antitrust enforcement policy guidelines stated in "Vertical Restraints Guidelines", published by the Department of Justice on January 23, 1985— (1) are not an accurate expression of the Federal antitrust laws or of congressional intent with regard to the application of such laws to resale price maintenance and other vertical restraints of trade; (2) shall not be accorded any force of law or be treated by the courts of the United States as binding or persuasive; and (3) should be recalled by the Attorney General. SEC. 606. (a) None of the funds provided under this Act shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out any functions or activities presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds. (b) None of the funds provided under this Act shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $250,000 or 10 per centum, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 per centum funding for any existing program, project, or activity, or numbers of personnel by 10 per centum as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress, unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds.

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99 STAT. 1171

SEC. 607. None of the funds appropriated by this Act to the Legal Prohibition. Services Corporation may be used by the Corporation or any recipi- Abortion. ent to participate in any litigation with respect to abortion, except where the life of the mother would be endangered if the fetus were carried to term. This Act may be cited as "the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1986". Approved December 13, 1985.

LEGISLATIVE HISTORY—H.R. 2965: HOUSE REPORTS: No. 99-197 (Comm. on Appropriations) and No. 99-414 (Comm. of SENATE REPORT No. 99-150 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 131 (1985): July 17, considered and passed House. Oct. 24, Nov. 1, considered and passed Senate, amended. Dec. 5, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Dec. 6, Senate agreed to conference report; receded and concurred in House amendments.

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 99 STAT. 1172

PUBLIC LAW 99-181—DEC. 13, 1985

Public Law 99-181 99th Congress An Act Dec 13 1985 ' [H.K. dylbj

"^^ extend until December 18, 1985, the application of certain tobacco excise taxes, trade adjustment assistance, certain medicare reimbursement provisions, and borrowing authority under the railroad unemployment insurance program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF INCREASE IN TAX ON CIGARETTES.

26 USC 5701 note.

Subsection (c) of section 283 of the Tax Equity and Fiscal Responsibility Act of 1982 (relating to increase in tax on cigarettes) is amended by striking out "December 15, 1985" and inserting in lieu thereof "December 19, 1985". SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.

Section 285 of the Trade Act of 1974 (19 U.S.C. note preceding section 2271) is amended by striking out "December 14, 1985" and inserting in lieu thereof "December 18, 1985". SEC. 3. EXTENSION OF BORROWING AUTHORITY UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.

45 USC 360.

Section 10(d) of the Railroad Unemployment Insurance Act is amended by striking out "December 14, 1985" each place it appears and inserting in lieu thereof "December 18, 1985". SEC. 4. EXTENSION OF MEDICARE HOSPITAL AND PHYSICIAN PAYMENT PROVISIONS.

42 USC I395ww Section 5(c) of the Emergency Extension Act of 1985 (Public Law note. 99-107) is amended by striking out "December 14, 1985" and inserting in lieu thereof "December 18, 1985". Approved December 13, 1985.

LEGISLATIVE HISTORY—H.R. 3918: CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 12, considered and passed House and Senate.

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 PUBLIC LAW 99-182—DEC. 13, 1985 Public Law 99-182 99th Congress

99 STAT. 1173

An Act

To extend temporarily the dairy price support program and certain food stamp program provisions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 201(d)(1)(B) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)(1)(B)) is amended by striking out "December 13, 1985" and inserting in lieu thereof "December 31, 1985". SEC. 2. The last sentence of section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(l)) is amended by striking out "December 13, 1985" and inserting in lieu thereof "December 31, 1985". SEC. 3, Effective for the period beginning December 14, 1985, and ending December 31, 1985, section 19(a)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2028(a)(1)(A)) is amended by striking out "noncash". SEC. 4. Section 317(d) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c(d)) is amended by inserting after the first sentence the following new sentence: "Notwithstanding the foregoing sentence, the proclamation of the national marketing quota for the 1986 crop of Flue-cured tobacco may be made not later than December 31, 1985.". Approved December 13, 1985.

LEGISLATIVE HISTORY—H.R. 3919: CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 12, considered and passed House and Senate.

Dec. 13, 1985 [H.R. 3919]

Ante, p. 818.

Ante, p. 818.

Effective date. Ante, p. 818. Tobacco.

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 99 STAT. 1174

PUBLIC LAW 99-183—DEC. 16, 1985

Public Law 99-183 99th Congress Joint Resolution Dec. 16, 1985 [S.J. Res. 238] Energy.

Ante, p. 159.

Exports.

42 USC 2158.

President of U.S. Report.

Relating to the approval and implementation of the proposed agreement for nuclear cooperation between the United States and the People's Republic of China.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a)(l) the Congress does favor the Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy, done on July 23, 1985 (hereafter in this joint resolution referred to as the "Agreement"). (2) Notwithstanding section 123 of the Atomic Energy Act of 1954, the Agreement becomes effective in accordance with the provisions of this joint resolution and other applicable provisions of law. (b) Notwithstanding any other provision of law or any international agreement, no license may be issued for export to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement, and no approval for the transfer or retransfer to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be given— (1) until the expiration of a period of thirty days of continuous session of Congress after the President has certified to the Congress that— (A) the reciprocal arrangements made pursuant to Article 8 of the Agreement have been designed to be effective in ensuring that any nuclear material, facilities, or components provided under the Agreement shall be utilized solely for intended peaceful purposes as set forth in the Agreement; (B) the Government of the People's Republic of China has provided additional information concerning its nuclear nonproliferation policies and that, based on this and all other information available to the United States Government, the People's Republic of China is not in violation of paragraph (2) of section 129 of the Atomic Energy Act of 1954; and (C) the obligation to consider favorably a request to carry out activities described in Article 5(2) of the Agreement shall not prejudice the decision of the United States to approve or disapprove such a request; and (2) until the President has submitted to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report detailing the history and current developments in the nonproliferation policies and practices of the People's Republic of China. The report described in paragraph (2) shall be submitted in unclassified form with a classified addendum.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/65

 PUBLIC LAW 99-183—DEC. 16, 1985

99 STAT. 1175

(c) Each proposed export pursuant to the Agreement shall be Exports. subject to United States laws and regulations in effect at the time of each such export. (d) Nothing in the Agreement or this joint resolution may be construed as providing a precedent or other basis for the negotiation or renegotiation of any other agreement for nuclear cooperation. 5^, (1) the continuity of a session of Congress is broken only by ...•^ adjournment of the Congress sine die at the end of a Congress; and (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated. Approved December 16, 1985.
 * (e) For purposes of subsection (b)—

LEGISLATIVE HISTORY—S.J. Res. 238 (H.J. Res. 404): CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 21, considered and passed Senate. Dec. 11, considered and passed House. i WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 51 (1985): Dec. 16, Presidential statement.

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

Part 2

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Page:United States Statutes at Large Volume 99 Part 2.djvu/66

 99 STAT. 1176

PUBLIC LAW 99-184—DEC. 17, 1985

Public Law 99-184 99th Congress Joint Resolution Dec. 17, 1985 [H.J. Res. 491]

Ante, p. 1135.

42 USC 8701

Making further continuing appropriations for fiscal year 1986.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the joint resolution of December 13, 1985 (Public Law 99-179) is hereby amended by striking out "six o'clock post meridiem, eastern standard time, December 16, 1985" and inserting in lieu thereof "December 19, 1985". SEC. 2. Effective with the date of enactment of this joint resolution, through twelve o'clock post meridian, eastern standard time, December 19, 1985, none of the funds appropriated by this or any other Act shall be used by the United States Synthetic Fuels Corporation for awards of financial assistance or payments with respect to projects or modules under the United States Synthetic Fuels Corporation Act of 1980.

note.

Approved December 17, 1985.

LEGISLATIVE HISTORY—H.J. Res. 491: CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 17, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/67

 99 STAT. 1177

PUBLIC LAW 99-185—DEC. 17, 1985

Public Law 99-185 99th Congress

An Act Dec. 17, 1985 [S. 1639]

To authorize the minting of gold bullion coins.

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

Gold Bullion Coin Act of 1985. 31 USC 5101 note.

1. This Act may be cited as the "Gold Bullion Coin Act of

1985". MINTING GOLD BULUON COINS

SEC. 2. (a) Section 5112(a) of title 31, United States Code, is amended by adding at the end thereof the following new paragraphs: "(7) A fifty dollar gold coin that is 32.7 millimeters in diameter, weighs 33.931 grams, and contains one troy ounce of fine gold. "(8) A twenty-five dollar gold coin that is 27.0 millimeters in diameter, weighs 16.966 grams, and contains one-half troy ounce ,, of fine gold. "(9) A ten dollar gold coin that is 22.0 millimeters in diameter, weighs 8.483 grams, and contains one-fourth troy ounce of fine gold. "(10) A five dollar gold coin that is 16.5 millimeters in diameter, weighs 3.393 grams, and contains one-tenth troy ounce of fine gold.", (b) Section 5112 of title 31, United States Code, is amended by adding at the end thereof the following new subsection: "(i)(l) Notwithstanding section 5111(a)(1) of this title, the Secretary shall mint and issue the gold coins described in paragraphs (7), (8), (9), and (10) of subsection (a) of this section, in quantities sufficient to meet public demand, and such gold coins shall— "(A) have a design determined by the Secretary, except that the fifty dollar gold coin shall have— "(i) on the obverse side, a design symbolic of Liberty; and "(ii) on the reverse side, a design representing a family of eagles, with the male carrying an olive branch and flying above a nest containing a female eagle and hatchlings; "(B) have inscriptions of the denomination, the weight of the fine gold content, the year of minting or issuance, and the words 'Liberty', Tn God We Trust', 'United States of America', and 'E Pluribus Unum'; and "(C) have reeded edges. "(2)(A) The Secretary shall sell the coins minted under this subsection to the public at a price equal to the market value of the bullion at the time of sale, plus the cost of minting, marketing, and distributing such coins (including labor, materials, dies, use of machinery, and promotional and overhead expenses).

Ante, p. 115. 31 USC 5111.

Marketing.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/68

 99 STAT. 1178

Regulations.

Ante, p. 116.

31 USC 5112 note.

Marketing. National debt.

31 USC 5112 note.

PUBLIC LAW 99-185—DEC. 17, 1985

"(B) The Secretary shall make bulk sales of the coins minted under this subsection at a reeisonable discount. "(3) For purposes of section 5132(a)(1) of this title, all coins minted under this subsection shall be considered to be numismatic items.". (c) Section 5116(a) of title 31, United States Code, is amended by adding at the end thereof the following: "(3) The Secretary shall acquire gold for the coins issued under section 5112(i) of this title by purchase of gold mined from natural deposits in the United States, or in a territory or possession of the United States, within one year after the month in which the ore from which it is derived was mined. The Secretary shall pay not more than the average world price for the gold. In the absence of available supplies of such gold at the average world price, the Secretary may use gold from reserves held by the United States to mint the coins issued under section 5112(i) of this title. The Secretary shall issue such regulations as may be necessary to carry out this paragraph.". (d) Section 5118(b) of title 31, United States Code, is amended— (1) in the first sentence, by striking out "or deliver"; and (2) in the second sentence, by inserting "(other than gold and silver coins)" before "that may be lawfully held". (e) The third sentence of section 5132(a)(1) of title 31, United States Code, is amended by striking out "minted under section 5112(a) of this title" and inserting in lieu thereof "minted under paragraphs (1) through (6) of section 5112(a) of this title". if) Notwithstanding any other provision of law, an amount equal to the amount by which the proceeds from the sale of the coins issued under section 5112(i) of title 31, United States Code, exceed the sum of^ (1) the cost of minting, marketing, and distributing such coins, and (2) the value of gold certificates (not exceeding forty-two and two-ninths dollars a fine troy ounce) retired from the use of gold contained in such coins, shall be deposited in the general fund of the Treasury and shall be used for the sole purpose of reducing the national debt. (g) The Secretary shall take all actions necessary to ensure that the issuance of the coins minted under section 5112(i) of title 31, United States Code, shall result in no net cost to the United States Government.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/69

 PUBLIC LAW 99-185—DEC. 17, 1985

99 STAT. 1179

EFFECTIVE DATE

SEC. 3. This Act shall take effect on October 1, 1985, except that no 31 USC 5112 coins may be issued or sold under section 5112(i) of title 31, United ^°States Code, before October 1, 1986. Ante, p. 1177. Approved December 17, 1985.

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LEGISLATIVE HISTORY—S. 1639: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 14, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 51 (1985): Dec. 17, Presidential statement.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/70

 99 STAT. 1180

PUBLIC LAW 99-186—DEC. 18, 1985

Public Law 99-186 99th Congress An Act Dec. 18, 1985 [S. 727] Securities. 15 USC 79k note. 15 USC 79k.

16 USC 2601 note. 16 USC 824a-3.

To clarify the application of the Public Utility Holding eompany Act of 1935 to encourage cogeneration activities by gas utility holding company systems.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section ll(b)(l) of the Public UtiHty Holding Company Act of 1935, a company registered under said Act solely by reason of direct or indirect ownership of voting securities of one or more gas utility companies, or any subsidiary company of such registered company, may acquire or retain, in any geographic area, any interest in any qualifying cogeneration facilities as defined pursuant to the Public Utility Regulatory Policies Act of 1978, and shall qualify for any exemption relating to the Public Utility Holding Company Act prescribed pursuant to section 210(e) of the Public Utility Regulatory Policies Act. Nothing herein shall be construed to affect the applicability of provisions of the Public Utility Holding Company Act, other than section 110t)Xl), to the acquisition or retention of any such interest by any such company. Approved December 18, 1985.

LEGISLATIVE HISTORY—S. 727: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 14, considered and passed Senate. Dec. 6, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/71

 PUBLIC LAW 99-187—DEC. 18, 1985

99 STAT. 1181

Public Law 99-187 99th Congress An Act To amend the Act of October 15, 1982, entitled "An Act to designate the Mary McLeod Bethune Council House in Washington, District of Columbia, as a national historic site, and for other purposes".

Dec. 18, 1985 [g. 1116]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BETHUNE MUSEUM AND ARCHIVES. (a) COOPERATIVE AGREEMENT.—Section 3 of the Act of October 15,

1982, entitled "An Act to designate the Mary McLeod Bethune Council House in Washington, District of Columbia, as a national historic site, and for other purposes" (96 Stat. 1615; 16 U.S.C. 461 note), is amended to read as follows: "SEC. 3. In furtherance of the purposes of this Act and the Act of August 21, 1935 (16 U.S.C. 461-7), the Secretary of the Interior is authorized and directed to enter into cooperative agreements with the Bethune Museum and Archives. Such agreements may include Historic provisions by which the Secretary will provide technical assistance preservation. to mark, restore, interpret, operate, and maintain the historic site and may also include provisions by which the Secretary will provide financial assistance to mark, interpret, and restore the historic site. Such agreement may also contain provisions that— "(1) the Secretary of the Interior, acting through the National Park Service, shall have right of access at all reasonable times r.j to all public portions of the property covered by such agreement for the purpose of conducting visitors through such properties and interpreting them to the public; and "(2) no changes or alterations shall be made in such properties except by mutual agreement between the Secretary and the other parties to such agreements. No limitation or control of any kind over the use of such properties customarily used for the purposes of the Bethune Museum and Archives shall be imposed by any such agreement.". (b) ANNUAL REPORT.—Section 4 of such Act is amended by striking out "National Council of Negro Women" and inserting in lieu thereof "Bethune Museum and Archives". SEC. 2. AUTHORIZATION.

Section 5 of the Act of October 15, 1982, entitled "An Act to designate the Mary McLeod Bethune Council House in Washington, District of Columbia, as a national historic site, and for other purposes" (96 Stat. 1615; 16 U.S.C. 461 note) is amended to read as follows: "ASSISTANCE "SEC. 5. (a) OPERATION AND MAINTENANCE.—For purposes of carry- Appropriation ing out the cooperative agreement under section 3, there is authorization. authorized to be appropriated for operation and maintenance of the historic site, not more than $100,000 for the fiscal year 1987,

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Page:United States Statutes at Large Volume 99 Part 2.djvu/72

 99 STAT. 1182

Public buildings and grounds. Historic preservation.

PUBLIC LAW 99-187—DEC. 18, 1985

$110,000 for the fiscal year 1988, and $120,000 for the fiscal year 1989. "(b) MATCHING GRANTS.—In addition to sums authorized to be appropriated under subsection (a), there is authorized to be appropriated for purposes of making grants to the Bethune Museum and Archives for purposes of building repair and improvement and for protection of the archives not more than $300,000. Grants to the Bethune Museum and Archives under this subsection shall cover not more than 50 per centum of the costs of such building repair and improvement and archive protection. The remaining share shall be borne by the Bethune Museum and Archives with such non-Federal funds and documented services as are satisfactory to the Secretary. Sums authorized to be appropriated under this subsection shall remain available until expended.". SEC. 3. DEFINITION.

96 Stat. 1615. 16 USC 461 note.

Such Act is further amended by adding the following new section at the end thereof: ^.. ,,. REFERENCE TO BETHUNE MUSEUM AND ARCHIVES

'

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"SEC. 6. Any reference in this Act to the 'Bethune Museum and Archives' shall be treated as a reference to the Mary McLeod Bethune Museum of the National Council of Negro Women, Incorporated.". SEC. 4. COMPLIANCE WITH BUDGET ACT.

Effective date. 2 USC 1562.

-

Any provision of this Act (or any amendment made by this Act) which directly or indirectly authorizes the enactment of new budget authority described in section 402(a) of the Congressional Budget Act of 1974 shall be effective only after September 30, 1986. Approved December 18, 1985. . u

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LEGISLATIVE HISTORY—S. 1116 (H.R. 1391): SENATE REPORT No. 99-181 (Gomm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 3, considered and passed Senate. Dec. 9, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/73

 PUBLIC LAW 99-188—DEC. 18, 1985 Public Law 99-188 99th Congress

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99 STAT. 1183

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Joint Resolution Waiving the printing on parchment of enrolled bills and joint resolutions during the remainder of the first session of the Ninety-ninth Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the requirement of sections 106 and 107 of title I, United States Code, that the enrollment of any bill or joint resolution originating in the House be printed on parchment be waived at the discretion of the Speaker, after consultation with the Minority Leader of the House, for the duration of the first session of the Ninety-ninth Congress, and that any enrollment be in such form as may be certified by the Committee on House Administration to be truly enrolled. Approved December 18, 1985.

LEGISLATIVE HISTORY—H.J. Res. 485: CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 16, considered and passed House. Dec. 18, considered and passed Senate.

Dec. 18, 1985 [H.J. Res. 485]

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Page:United States Statutes at Large Volume 99 Part 2.djvu/74

 99 STAT. 1184

PUBLIC LAW 99-189—DEC. 18, 1985

•Public Law 99-189 99th Congress Dec 18 1985 ' [H.R. 3981]

An Act

'

'^° extend until December 19, 1985, the application of certain tobacco excise teixes, trade adjustment jissistance, certain medicare reimbursement provisions, and borrowing authority under the railroad unemployment insurance program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF INCREASE IN TAX ON CIGARETTES.

Ante, p. 1172. 26 USC 5701 °''^-

Subsection (c) of section 283 of the Tax Equity and Fiscal Responsibility Act of 1982 (relating to increase in tax on cigarettes) is amended by striking out "December 19, 1985" and inserting in lieu thereof "December 20, 1985". SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.

Ante, p. 1172.

Ante, p. 1172. 45 USC 360.

Ante, p. 1172. 42 USC 1395

Section 285 of the Trade Act of 1974 (19 U.S.C. note preceding section 2271) is amended by striking out "December 18, 1985" and inserting in lieu thereof "December 19, 1985". SEC. 3. EXTENSION OF BORROWING AUTHORITY UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. Section 10(d) of the Railroad Unemployment Insurance Act is amended by striking out "December 18, 1985" each place it appears and inserting in lieu thereof "December 19, 1985". SEC. 4. EXTENSION OF MEDICARE HOSPITAL AND PHYSICIAN PAYMENT PROVISIONS. Section 5(c) of the Emergency Extension Act of 1985 (Public Law 99-107) is amended by striking out "December 18, 1985" and inserting in lieu thereof "December 19, 1985".

WW note.

Approved December 18, 1985. signed by the President on December 18, 1985.
 * Note: The printed text of Public Law 99-189 is a reprint of the hand enrollment,

LEGISLATIVE HISTORY—H.R. 3981: CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 18, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/75

 PUBLIC LAW 99-190—DEC. 19, 1985 •Public Law 99-190 99th Congress

99 STAT. 1185

.^ -? Joint Resolution

Making further continuing appropriations for the fiscal year 1986, and for other purposes.

Dec. 19, 1985 [H.J. Res. 465]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1986, and for other purposes, namely: SEC. 101. (a) Such amounts as may be necessary for programs, projects, or activities provided for in the Agriculture, Rural Development, and Related Agencies Appropriations Act, 1986 (H.R. 3037), to the extent and in the manner provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report Numbered 99-439), as filed in the House of Representatives on December 12, 1985, as if such Act had been enacted into law. Notwithstanding any other provision of this Joint Resolution, each appropriation item in the referenced bill (H.R. 3037) made available under this subsection may be reduced by six-tenths of 1 per centum, if applied to every appropriation item, rounded to the nearest thousands of dollars, except for the following appropriations: Child Nutrition Programs and Special Milk Program which are true entitlements: Provided, That such reductions, if made, shall be applied proportionally to each program, project, and activity as set forth in the conference agreement (H. Rept. 99-439). (b) such amounts as may be necessary for programs, projects or activities provided for in the Department of Defense Appropriations Act, 1986, at a rate of operations and to the extent and in the Infra. manner provided as follows, to be effective as if it had been enacted into law as the regular appropriation Act: ' '"

AN ACT

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

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MILITARY PERSONNEL '"

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MILITARY PERSONNEL, ARMY

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For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including signed by the President on December 19, 1985.
 * Note: The printed text of Public Law 99-190 is a reprint of the hand enrollment,

Department of Defense Appropriations Act, 1986.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/76

 99 STAT. 1186

PUBLIC LAW 99-190—DEC. 19, 1985

all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund; $21,078,169,000.

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MILITARY PERSONNEL, NAVY

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For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund; $15,917,144,000. MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine (Dorps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund; $4,870,016,000. MILITARY PERSONNEL, AIR FORCE

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For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and j-Qj. payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund; $17,744,770,000. RESERVE PERSONNEL, ARMY

98 Stat. 2565.

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States C!ode, in connection with performing duty specified in section 678(a) of title 10, United States Clode, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers' Training (>)rps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $2,178,564,000.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/77

 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1187

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $1,267,734,000.

98 Stat. 2565.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States C!ode, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 2131 of title 10, United States Code, as au- 98 Stat. 2565. thorized by law; and for payments to the Department of Defense Military Retirement Fund; $272,250,000. RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Air Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United 98 Stat. 2565. States C!ode, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $584,430,000. NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under section 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as au- 98 Stat. 2565. thorized by law; and for payments to the Department of Defense Military Retirement Fund; $3,066,568,000.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/78

 99 STAT. 1188

PUBLIC LAW 99-190—DEC. 19, 1985 NATIONAL GUARD PERSONNEL, AIR FORCE

98 Stat. 2565.

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 672(d) of title 10 or section 502(f) of title 32, United States 0)de, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $926,716,000. TITLE II OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $12,642,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $18,975,507,000, of which not less than $1,471,600,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY

20 USC 2304 note.

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $3,787,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $24,477,071,000, of which not less than $770,000,000 shall be available only for the maintenance of real property facilities, and of which $100,000,000 shall be available only to reimburse United States 0)ast Guard Operating Expenses for operations and training relating to the Coast Guard's defense and military readiness missions: Provided, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $3,650,000,000 shall be available for the performance of such work in Navy shipyards: Provided further. That from the amounts of this appropriation for the alteration, overhaul and repair of naval vessels, funds shall be available for a test program to acquire the overhaul of four or more vessels by competition between public and private shipyards. The Secretary of the Navy shall certify, prior to award of a contract under this test, that the successful bid includes comparable estimates of all direct and indirect costs for both public and private shipyards. Competition under such test program shall not be subject to section 502 of the Department of Defense Authorization Act, 1981, as amended, or Office of Management and Budget Circular A-76: Provided further. That funds herein provided shall be available for payments in

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Page:United States Statutes at Large Volume 99 Part 2.djvu/79

 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1189

support of the LEASAT program in accordance with the terms of the Aide Memoire, dated January 5, 1981: Provided further, That obligations incurred or to be incurred hereafter for termination liability and charter hire in connection with the TAKX and T-5 programs, for which the Navy has already entered into agreement for charter and time charters including conversion or construction related to such agreements or charters shall, for the purposes of title 31, United States Code, (1) in regard to and so long as the Government remains liable for termination costs, be considered as obligations in the current Operation and Maintenance, Navy, appropriation account, to be held in reserve in the event such termination liability is incurred, in an amount equal to 10 per centum of the outstanding termination liability, and (2) in regard to charter hire, be considered obligations in the Navy Industrial Fund with an amount equal to the estimated charter hire for the then current fiscal year recorded as an obligation against such fund. Obligations of the Navy under such time charters are general obligations of the United States secured by its full faith and credit. OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $1,612,050,000, of which not less than $238,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, including the lease and associated maintenance of replacement aircraft for the CT-39 sdrcraft to the same extent and manner as authorized for service contracts by section 2306(g), title 10, United States Code; and not to exceed $5,556,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes; $19,536,813,000, of which not less than $1,385,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; $7,432,569,000, of which not to exceed $11,117,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided, That not less than $91,147,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equip-

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Page:United States Statutes at Large Volume 99 Part 2.djvu/80

 99 STAT. 1190

PUBLIC LAW 99-190—DEC. 19, 1985

ment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $780,100,000, of which not less than $49,865,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $894,950,000, of which not less than $37,100,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $57,200,000, of which not less than $2,850,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $902,700,000, of which not less than $22,200,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $1,652,800,000, of which not less than $57,300,000 shall be available only for the maintenance of real property facilities.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/81

 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1191

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in nonFederal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $1,806,200,000, of which not less than $37,000,000 shall be available only for the maintenance of real property facilities. NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY

For the necessary expenses, in accordance with law, for construction, equipment, and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; not to exceed $920,000, of which not to exceed $7,500 shall be available for incidental expenses of the National Board; and from other funds provided in this Act, not to exceed $680,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311: Provided, That competitors at national matches under title 10, United States Code, section 4312, may be paid subsistence and travel allowances in excess of the amounts provided under title 10, United States Code, section 4313. Ante, p. 735. CLAIMS, DEFENSE

For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $143,300,000. COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the United States Court of Military Appeals; $3,200,000, and not to exceed $1,500 can be used for official representation purposes.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/82

 99 STAT. 1192

PUBLIC LAW 99-190—DEC. 19, 1985 TENTH INTERNATIONAL P A N AMERICAN GAMES

For logistical support and personnel services (other than pay and nontravel related allowances of members of the Armed Forces of the United States, except for members of the Reserve components thereof called or ordered to active duty to provide support for the Tenth International Pan American Games) provided by any component of the Department of Defense to the Tenth International Pan American Games; $10,000,000. ENVIRONMENTAL RESTORATION, DEFENSE

For the Department of Defense; $379,100,000, to remain available until transferred: Provided, That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration and hazardous waste disposal operations, reduction and recycling of hazardous waste, research and development associated with hazardous wastes and removal of unsafe buildings and debris of the Department of Defense, or for similar purposes (including programs and operations at sites formerly used by the Department of Defense), transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense as the Secretary may designate, to be merged with and to be available for the same purposes and for the same time period as the appropriations of funds to which transferred: Provided further, That upon a determination that all or part of the funds transferred pursuant to this provision are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation. TITLE III PROCUREMENT AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the forgoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-ownenl equipment layaway; and other expenses necessary for the foregoing purposes; $3,524,200,000, to remain available for obligation until September 30, 1988. MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and

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Page:United States Statutes at Large Volume 99 Part 2.djvu/83

 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1193

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, as follows: Chaparral program, $57,500,000; Other Missile Support, $5,000,000; Patriot program, $963,400,000; Stinger program, $258,500,000; Laser Hellfire program, $234,200,000; TOW program, $190,500,000; Pershing II program, $236,300,000; MLRS program, $531,900,000; Modification of missiles, $196,800,000; Spares and repair parts, $312,000,000; Support equipment and facilities, $56,632,000; In all: $2,904,332,000, to remain available for obligation until September 30, 1988: Provided, That within the total amount appropriated, the subdivisions within this appropriation shall be reduced by $138,400,000. PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes; $4,684,800,000, to remain available for obligation until September 30, 1988. PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized in military construction authorization Acts or authorized by section 2854, title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes; $2,497,200,000, to remain available for obligation until September 30, 1988: Provided, That none of the funds provided herein may be obligated or expended for production base projects until the Secretary of the Army has submitted to the Committees on Appropriations of the House of Representatives and the Senate a specific funding and program plan for RDX modernization which responds to congressional requirements on program phasing and direction concerning full funding, and which provides for initiation

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Page:United States Statutes at Large Volume 99 Part 2.djvu/84

 99 STAT. 1194

PUBLIC LAW 99-190—DEC. 19, 1985

of site specific work at Louisiana Army Ammunition Plant not later than June 30, 1986. OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed two thousand four hundred and sixty-four passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes, as follows: Tactical and support vehicles, $965,397,000; Communications and electronics equipment, $2,868,859,000; Other support equipment, $1,341,000,000; Non-centrally managed items, $105,300,000; In all: $5,275,556,000, to remain available for obligation until September 30, 1988: Provided, That within the total amount appropriated, the subdivisions within this appropriation shall be reduced by $5,000,000.
 * ,n,;

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; $11,175,678,000, to remain available for obligation until September 30, 1988: Provided, That $322,871,000 shall be available only for the procurement of nine new P-3C antisubmarine warfare aircraft: Provided further, That six P-3C aircraft shall be for the Naval Reserve. '.

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, as follows: Poseidon, $5,001,000; TRIDENT I, $36,226,000; , TRIDENT II, $581,986,000; .. *

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Page:United States Statutes at Large Volume 99 Part 2.djvu/85

 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1195

Support equipment and facilities, $17,107,000; Tomahawk, $724,804,000; AIM/RIM-7 F/M Sparrow, $359,200,000; AIM-9L/M Sidewinder, $125,800,000; AIM-54A/C Phoenix, $343,600,000; AIM-54A/C Phoenix advance procurement, $24,800,000; AGM-84A Harpoon, $314,873,000; AGM-88A HARM, $236,000,000; SM-1 MR, $20,300,000; . SM-2 MR, $509,719,000; SM-2 ER, $303,200,000; Sidearm, $30,500,000; T Hellfire, $51,768,000; Laser Maverick, $173,458,000; IIR Maverick, $27,809,000; Aerial targets, $105,600,000; Drones and decoys, $29,400,000; Other missile support, $12,309,000; Modification of missiles, $64,933,000; Support equipment and facilities, $86,210,000; Ordnance support equipment, $16,289,000; MK-48 ADCAP torpedo program, $417,437,000; MK-46 torpedo program, $125,115,000; MK-60 CAPTOR mine program, $59,600,000; MK-30 mobile target program, $18,600,000; 1 MK-38 mini-mobile target program, $3,499,000; Antisubmarine rocket (ASROC) program, $15,551,000; Modification of torpedoes, $115,055,000; Torpedo support equipment program, $70,575,000;
 * MK-15 close-in weapons system program, $150,146,000;

i, n| K, MK-75 gun mount program, $17,905,000; ' 3 h MK-19 machine gun program, $1,196,000; ,• 25mm gun mount, $5,501,000; J Small arms and weapons, $11,305,000; 1

Modification of guns and gun mounts, $58,117,000; h Guns and gun mounts support equipment program, i $1,200,000; Spares and repair parts, $166,601,000; In all: $5,227,795,000, to remain available for obligation until, September 30, 1988: Provided, That within the total amount appro- ; priated, the subdivisions within this appropriation shall be reduced » by $210,500,000. S H I P B U I L D I N G AND CONVERSION, N A V Y

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: TRIDENT ballistic missile submarine program, $1,354,700,000;

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Page:United States Statutes at Large Volume 99 Part 2.djvu/86

 99 STAT. 1196

PUBLIC LAW 99-190—DEC. 19, 1985

SSN-688 attack submarine program, $2,609,600,000; Battleship reactivation program, $469,000,000; Aircraft carrier service life extension program, $52,000,000; CG-47 cruiser program, $2,652,500,000; DDG-51 destroyer program, $74,000,000: Provided, That the Secretary of the Navy shall select a second source, by the most expeditious means available, for the CG-47 and DDG-51 SPY-1 radar; AEGIS production test center, shipyard and shipboard combat system integration; AEGIS color graphic display systems; solid state frequency converters; and propellors in order to begin competition between the current contractors and the second source contractors in fiscal year 1988: Provided further. That any such selection shall not adversely affect the CG-47 and DDG-51 shipbuilding program schedule and costs; LSD-41 landing ship dock program, $403,400,000; LHD-1 amphibious assault ship program, $1,313,600,000; MCM mine countermeasures ship program, $197,200,000; MSH coastal mine hunter program, $184,500,000; T-AO fleet oiler program, $278,500,000; T-A(K)S ocean surveillance ship p r c ^ a m, $115,100,000; T-AG acoustic research ship program, $57,000,000; ARTB nuclear reactor training ship conversion program, $175,400,000; T-ACS auxiliary crane ship conversion program, $82,500,000; T-AVB logistic support ship program, $26,900,000; LCAC landing craft program, $307,000,000; Strategic sealift program, $228,400,000; For craft, outfitting, post delivery, and cost growth, $500,800,000; In all: $10,840,400,000, to remain available for obligation until September 30, 1990: Provided, That within the total amount appropriated, the subdivisions witMn this appropriation shall be reduced by $241,700,000: Provided further. That additional obligations may be incurred after September 30, 1990, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction; and each Shipbuilding and Conversion, Navy, appropriation that is currently available for such obligations may also hereafter be so obligated after the date of its expiration: Provided further. That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards: Provided further. That of the funds appropriated in fiscal year 1983 for the FFG-7 guided missile frigate program, $40,000,000 previously available only for an X-band phased array radar shall be available for the fiscal year 1984 guided missile frigate program (FFG-61). The FFG-61 shall be equipped with the MK-92 fire control system. Phase II update.
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Q THE R PROCUREMENT, N A V Y

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of not to exceed nine

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Page:United States Statutes at Large Volume 99 Part 2.djvu/87

 PUBLIC LAW 99-190—DEC. 19, 1985

99 STAT. 1197

hundred and twenty-four passenger motor vehicles of which eight hundred and twenty-five shall be for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway, as follows: Ship support equipment, $923,806,000; Communications and electronics equipment, $2,096,302,000; Aviation support equipment, $1,133,019,000; Ordnance support equipment, $1,349,747,000; Civil engineering support equipment, $232,558,000; Supply support equipment, $58,917,000; Personnel and command support equipment, $434,143,000; Spares and repair parts, $279,838,000; Non-centrally managed items, $125,300,000; In all: $6,377,630,000, to remain available for obligation until September 30, 1988: Provided, That within the total amount appropriated, the subdivisions Mdthin this appropriation shall be reduced by $256,000,000. COASTAL DEFENSE AUGMENTATION

For the augmentation of United States Coast Guard inventories to meet national security requirements, $235,000,000, to remain available until expended: Provided, That these funds shall be for the procurement by the Department of Defense of vessels, aircraft, and equipment and for modernization of existing Coast Guard assets, to be made available to the Coast Guard for operation and maintenance. PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including purchase of not to exceed two hundred and three passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands, and interests therein, may be acquired and construction prosecuted thereon prior to approval of title; $1,660,766,000, to remain available for obligation until September 30, 1988. AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equip-

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Page:United States Statutes at Large Volume 99 Part 2.djvu/88

 99 STAT. 1198

PUBLIC LAW 99-190—DEC. 19, 1985

ment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $23,255,424,000, to remain available for obligation until September 30, 1988, of which $200,000,000 shall be available only to initiate the air defense aircraft competition authorized by law: Provided, That of the amounts appropriated not to exceed $280,000,000 shall be available for competitive procurement of Air Force One mission replacement aircraft: Provided further, That none of the funds in this Act may be obligated on B-IB bomber production contracts if such contracts would cause the production portion of the Air Forces $20,500,000,000 estimate for the B-IB bomber baseline costs expressed in fiscal year 1981 constant dollars to be exceeded: Provided further, That funds appropriated by this Act may be applied to a follow-on multiyear contract for F-16 production in which contract options shall be included to adjust the multiyear contract to accommodate the results of the air defense aircraft competition; such competition shall be completed no later than July 1, 1986, and a contract awarded within sixty days thereafter. MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $8,312,442,000, to remain available for obligation until September 30, 1988. " '

OTHER PROCUREMENT, AIR FORCE

'*'

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed eight hundred and forty-nine passenger motor vehicles of which eight hundred and one shall be for replacement only; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, as follows: Munitions and associated equipment, $1,239,877,000; Vehicular equipment, $340,869,000; Electronics and telecommunications equipment, -i $2,608,650,000; 'i' Other base maintenance and support equipment, Non-centrally managed items, $54,700,000; In all: $8,571,383,000, to remain available for obligation until September 30, 1988: Provided, That within the total amount appro-
 * o $4,626,287,000;

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