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Page:United States Statutes at Large Volume 99 Part 1.djvu/407

 PUBLIC LAW 99-90—AUG. 15, 1985

99 STAT. 385

Public Law 99-90 99th Congress Joint Resolution C!ondemning the passage of Resolution 3379, in the United Nations General Assembly on November 10, 1975, and urging the United States Ambassador and United States delegation to take all appropriate actions necessary to erase this shsimeful resolution from the record of the United Nations.

Whereas, on November 10, 1975, the thirtieth session of the United Nations General Assembly adopted Resolution 3379 which sought to legitimize the lie, first perpetrated at the United Nations General Assembly by representatives of the Union of Socialist Soviet Republics in 1963, that Zionism is a form of racism; and Whereas Resolution 3379 of the thirtieth United Nations General Assembly directly contravenes the most basic principles and purposes of the United Nations Charter and undermines universal human rights values and principles; and Whereas that infamous resolution threatens directly the integrity and legitimacy of a member state by singling out for slanderous attack the national movement which gave birth to the State of Israel; and Whereas the adoption of Resolution 3379 by the thirtieth United Nations General Assembly constituted one of that organization's darkest moments and may fuel the flames of antisemitism and anti-Zionism; and Whereas the United States Congress sharply condemned the passage of Resolution 3379 ten years ago "in that said resolution encourages antisemitism by wrongly associating and equating Zionism with racism": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the Congress— (1) soundly denounces and condemns any linkage between Zionism and racism; (2) considers UNGA Resolution 3379 to be a permanent smear upon the reputation of the United Nations and to be totally inconsistent with that organization's declared purposes and principles;

^ ^ „ ^5 ^935 — '—--— [SJ- Res. 98]

59 Stat. 1031.

Antisemitism.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/408

 99 STAT. 386

PUBLIC LAW 99-90—AUG. 15, 1985 (3) unequivocally states that the premise of UNGA Resolution 3379 which equates Zionism with racism is itself clearly a form of bigotry; and (4) formally repudiates UNGA Resolution 3379, and calls upon the Parliaments of all countries which value freedom and democracy to do the same. Approved August 15, 1985.

LEGISLATIVE HISTORY—S.J. Res. 98: CONGRESSIONAL RECORD, Vol. 131 (1985): July 9, considered and passed Senate. Aug. 1, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/409

 PUBLIC LAW 99-91—AUG. 15, 1985

99 STAT. 387

Public Law 99-91 99th Congress An Act To amend the orphan drug provisions of the Federal Food, Drug, and Cosmetic Act and related laws.

Aug. 15, 1985 rg 1147]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Orphan Drug SECTION 1. SHORT TITLE.

This Act may be cited as the "Orphan Drug Amendments of 1985".

Amendments of 1985,

21 USC 30i note.

SEC. 2. MARKET PROTECTION.

Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended— (1) by striking out "and for which a United States Letter of Patent may not be issued" in subsection (a); (2) by striking out "and if a United States Letter of Patent may not be issued for the drug" in subsection (b); and (3) by striking out "UNPATENTED" in the title of the section. SEC. 3. ANTIBIOTIC DRUGS. (a) DESIGNATION.—

(1) Section 525(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa(a)) is amended— (A) by striking out "or" at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following: "(2) if the drug is an antibiotic, it may be certified for such disease or condition under section 507, or; (B) by striking out "before" in paragraph (3) (as so redesignated); (C) by inserting after "505" in the last sentence a comma and the following: "certification of such drug for such disease or condition under section 507,"; and (D) by striking out "licensing under section 351 of the Public Health Service Act for such disease or condition" and inserting in lieu thereof "licensing of such drug for such disease or condition under section 351 of the Public Health Service Act". (2) Section 526(a)(l) of such Act (21 U.S.C. 360bb(a)(l)) is amended— (A) by striking out "or" at the end of subparagraph (A) and by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) if a certification for such drug is issued under section 507, or "(C) if a license for such drug is issued under section 351 of the Public Health Service Act,"; and (B) by striking out "the approval or license" and inserting in lieu thereof "the approval, certification, or license.

i

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Page:United States Statutes at Large Volume 99 Part 1.djvu/410

 99 STAT. 388

PUBLIC LAW 99-91—AUG. 15, 1985

-".,. ' ^ ' ''• s^.

"

« •

42 USC 236 note.

Research and development.

Grants. Contracts.

(3) Section 527 of such Act (21 U.S.C. 360cc) is amended— (A) by striking out "or" at the end of paragraph (1) in subsection (a), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following: "(2) issues a certification under section 507, or"; (B) by inserting after "505" in the first sentence of subsection (a) a comma and the following: "issue another certifiA cation under section 507,"; (C) by inserting after "holder of such approved application" in subsection (a) a comma and the following: "of such certification,"; (D) by inserting after "approval of the approved application" in subsection (a) a comma and the following: "the issuance of the certification,"; (E) by striking out "or a license" in subsection (b) and inserting in lieu thereof a comma and the following: "if a certification is issued under section 507 for such a drug, or if a license"; (F) by inserting after "application approval" in subsection (b) a comma and the following: "of the issuance of the certification under section 507,"; (G) by striking out ", if the drug is a biological product," in subsection (b); (H) by inserting after "under section 505" in subsection (b) a comma and the following: "issue another certification under section 507,"; (I) by inserting after "holder of such approved application" in subsection (b) a comma and the following: "of such certification,"; (J) by inserting after "application" in subsection (b)(1) a comma and the following: "of the certification,"; and (K) by inserting after "other applications" in subsection (b)(2) a comma and the following: "issuance of other certifications,".

SEC. 4. NATIONAL COMMISSION ON ORPHAN DISEASES.

(a) ESTABLISHMENT.—There is established the National Commission on Orphan Diseases (hereinafter referred to as the "Commission"). (b) DUTY.—The Commission shall assess the activities of the National Institutes of Health, the Alcohol, Drug Abuse, and Mental Health Administration, the Food and Drug Administration, other public agencies, and private entities in connection with— (1) basic research conducted on rare diseases; (2) the use in research on rare diseases of knowledge developed in other research; (3) applied and clinical research on the prevention, diagnosis, and treatment of rare diseases; and (4) the dissemination to the public, health care professionals, researchers, and drug and medical device manufacturers of knowledge developed in research on rare diseases and other diseases which can be used in the prevention, diagnosis, and treatment of rare diseases. (c) REVIEW REQUIREMENTS.—In assessing the activities of the National Institutes of Health, the Alcohol, Drug Abuse, and Mental Health Administration, and the Food and Drug Administration in connection with research on rare diseases, the Commission shall review— (1) the appropriateness of the priorities currently placed on research on rare diseases; (2) the relative effectiveness of grants and contracts when used to fund research on rare diseases;

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Page:United States Statutes at Large Volume 99 Part 1.djvu/411

 PUBLIC LAW 99-91—AUG. 15, 1985

99 STAT. 389

(3) the appropriateness of specific requirements applicable to Research and applications for funds for research on rare diseases taking into development, consideration the reasonable capacity of applicants to meet such requirements; (4) the adequacy of the scientific basis for such research, including the adequacy of the research facilities and research resources used in such research and the appropriateness of the j scientific training of the personnel engaged in such research; (5) the effectiveness of activities undertaken to encourage such research; (6) the organization of the peer review process applicable to applications for funds for such research to determine if the organization of the peer review process could be revised to improve the effectiveness of the review provided to proposals for research on rare diseases; (7) the effectiveness of the coordination between the national research institutes of the National Institutes of Health, the institutes of the Alcohol, Drug Abuse, and Mental Health Administration, the Food and Drug Administration, and private entities in supporting such research; and (8) the effectiveness of activities undertaken to assure that knowledge developed in research on nonrare diseases is, when appropriate, used in research on rare diseases. (d) COMPOSITION.—The Commission shall be composed of twenty members appointed by the Secretary of Health and Human Services as follows: (1) Ten members shall be appointed from individuals who are not officers or employees of the Government and who by virtue of their training or experience in research on rare diseases or in the treatment of rare diseases are qualified to serve on the Commission. (2) Five members shall be appointed from individuals who are not officers or employees of the Government and who have a rare disease or are employed to represent or are members of an organization concerned about rare disease. (3) Four nonvoting members shall be appointed from— i (A) the directors of the national research institutes of the National Institutes of Health; or (B) the directors of the institutes of the Alcohol, Drug Abuse, and Mental Health Administration, which the Secretary determines are involved with rare diseases. (4) One nonvoting member shall be appointed from officers or employees of the Food and Drug Administration who the Secretary determines are involved with rare diseases. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. If any member of the Commission who was appointed to the Commission as a director of a national research institute or an institute of the Alcohol, Drug Abuse, and Mental Health Administration or as an officer or employee of the Food and Drug Administration leaves that office or position, or if any member of the Commission who was appointed from persons who are not officers or employees of the Government becomes an officer or employee of the Government, such member may continue as a member of the Commission for not longer than the ninety-day period beginning on the date such member leaves that office or position or becomes such an officer or employee, as the case may be.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/412

 99 STAT. 390

PUBLIC LAW 99-91—AUG. 15, 1985 (e) TERM.—Members shall be appointed for the life of the Commission. (f) COMPENSATION.—

(1) Except as provided in paragraph (2), members of the Commission shall each be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for 5 USC 5332. each day (including traveltime) during which they are engaged in the actual performance of duties as members of the Commission. (2) Members of the Commission who are full-time officers or employees of the Government shall receive no additional pay by reason of their service on the Commission. (g) CHAIRMAN.—The Chairman of the Commission shall be designated by the members of the Commission. (h) STAFF.—Subject to such rules as may be prescribed by the Commission, the Commission may appoint and fix the pay of such personnel as it determines are necessary to enable the Commission to carry out its functions. Personnel shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. 5 USC 5101 et seq., 5331. (i) EXPERTS AND CONSULTANTS.—Subject to such rules as may be prescribed by the Commission, the Commission may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the basic pay payable for grade GS-15 of the General Schedule. Government (j) DETAIL OF PERSONNEL.—Upon request of the Commission, the organization and head of any Federal agency is authorized to detail, on a reimbursemployees. able basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its functions. (k) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (1) GENERAL AUTHORITY.—The Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (m) INFORMATION.—The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman, the head of such department or agency shall furnish such information to the Commission. (n) REPORT.—The Commission shall transmit to the Secretary and to each House of the Congress a report not later than September 30, 1987, on the activities of the Commission. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for— (1) a long range plan for the use of public and private resources to improve research into rare diseases and to assist in the prevention, diagnosis, and treatment of rare diseases; and (2) such legislation or administrative actions as it considers appropriate.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/413

 PUBLIC LAW 99-91—AUG. 15, 1985

99 STAT. 391

(o) TERMINATION.—The Commission shall terminate 90 days after the date of the submittal of its report under subsection (n). (p) FUNDS.—The Director of the National Institutes of Health shall make available $1,000,000 to the Commission from appropriations for fiscal year 1986 for the National Institutes of Health. SEC. 5. FINANCIAL ASSISTANCE.

(a) QuAUFiED TESTING.—Section 5 of the Orphan Drug Act (21 U.S.C. 360ee) is amended— (1) in subsection (a) by striking out "clinical"; and (2) by amending subsection (b)(1) to read as follows: "(1) The term 'qualified testing' means— "(A) human clinical testing— "(i) which is carried out under an exemption for a drug for a rare disease or condition under section 505(i) of the Federal Food, Drug, and Cosmetic Act (or regulations issued under such section); and "(ii) which occurs after the date such drug is designated under section 526 of such Act and before the date on which an application with respect to such drug is submitted under section 505(b) or 507 of such Act or under section 351 of the Public Health Service Act; and "(B) preclinical testing involving a drug for a rare disease or condition which occurs after the date such drug is designated under section 526 of such Act and before the date on which an application with respect to such drug is submitted under section 505(b) or 507 of such Act or under section 351 of the Public Health Service Act.". (b) AUTHORIZATION.—Subsection (c) of such section 5 is amended to read as follows: "(c) For grants and contracts under subsection (a) there are authorized to be appropriated $4,000,000 for fiscal year 1986, $4,000,000 for fiscal year 1987, and $4,000,000 for fiscal year 1988.".

21 USC 355. 21 USC 360bb. 21 USC 357. 42 USC 262.

21 USC 360ee.

SEC. 6. TECHNICAL CORRECTIONS.

(a) PuBuc LAW 98-619.—The paragraph following the heading "EDUCATION FOR THE HANDICAPPED" under title III of the Depart-

ments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985 (Public Law 98-619) is 98 Stat. 3324. amended— (1) by inserting after "shall" the first time it appears a comma and the following: "except for part D of such Act,", and (2) by adding at the end thereof the following: "The amounts available for such part D shall be available for obligation on October 1, 1984, and shall remain available until September 30, 1985.". Qj) PUBLIC LAW 98-527.—Section 122(b)(4)(C) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6022(b)(4)(C)) 98 Stat. 2670. is amended to read as follows: "(C) Notwithstanding subparagraph (E)(i), upon application of a State, which under section 133(b)(4)(C) of this Act (as in effect on 42 USC 6063. October 18, 1984) was permitted to make expenditures for services without regard to the requirements of section 133(b)(4)(B) of this Act (as so in effect) the Secretary, pursuant to regulations which the Secretary shall prescribe, may permit a portion of the funds which, pursuant to subparagraph (E)(i), must otherwise be expended under

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Page:United States Statutes at Large Volume 99 Part 1.djvu/414

 99 STAT. 392

42 USC 6063.

98 Stat. 2679. 42 USC 6041, 6061, 6081.

PUBLIC LAW 99-91—AUG. 15, 1985 the State plan of such State for service activities in the priority services, to be expended in fiscal years 1985, 1986, and 1987 for the additional services for which expenditure was permitted under section 133(b)(4)(C) (as so in effect) if the Secretary determines that— "(i) such additional services are not priority services; "(ii) such additional services are not services for which funds are otherwise available under part C, D, or E; and "(lii) the expenditures of such State on service activities in the priority services has reasonably met the need for those services in such State in comparison to the extent to which the need for such'additional services has been met in such State.". SEC. 7. AREA HEALTH EDUCATION CENTERS.

42 USC 295g-l.

Contracts. Schools and colleges.

42 USC 295g-l note.

21 USC 360aa note.

Section 781(a)(2) of the Public Health Service Act (42 U.S.C. 295g7(a)(2)) is amended by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by striking out all that precedes clause (i) (as so redesignated) and inserting in lieu thereof the following: medicine and osteopathy— "(i) Vhich have previously received Federal financial assistance for an area health education center program under section 802 of the Health Professionals Educational Assistance Act of 1976 in fiscal year 1979 or under paragraph (1), or "(ii) which are receiving assistance under paragraph (1), to carry out projects described in subparagraph (B) through area health education centers for which Federal financial assistance was provided under paragraph (1) and which are no longer eligible to receive such assistance. "(B) Projects for which assistance may be provided under subparagraph (A) are—". SEC. 8. EFFECTIVE DATE.
 * (2)(A) The Secretary shall enter into contracts with schools of

(a) GENERAL RULE.—Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect October 1, 1985. (b) EXCEPTION.—The amendments made by sections 2, 3, and 6(a) shall take effect on the date of the enactment of this Act. The amendment made by section 6(b) shall take effect October 19, 1984. The amendments made by section 7 shall take effect October 1, 1984 and shall cease to be in effect after September 30, 1985. Approved August 15, 1985.

LEGISLATIVE HISTORY—S. 1147 (H.R. 2290): HOUSE REPORT No. 99-153 accompanying H.R. 2290 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 131 (1985): May 23, considered and passed Senate. June 17,18, H.R. 2290 considered and passed House; S. 1147, amended, passed in lieu. July 25, Senate concurred in House amendment with amendments. July 31, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/415

 PUBLIC LAW 99-92—AUG. 16, 1985

99 STAT. 393

Public Law 99-92 99th Congress An Act To amend the Public Health Service Act to extend the programs of assistance for nurse education.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Nurse Education Amendments of 1985". REFERENCE

Aug. 16, 1985 [H.R. 2370] Nurse Education Amendments of 1985. 42 USC 201 note.

SEC. 2. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act. SPECIAL PROJECTS

SEC. 3. (a) Section 820(a) is amended— (1) by striking out "or" after the semicolon in paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and (3) by inserting after paragraph (5) the following: "(6) demonstrate clinical nurse education programs which combine educational curricula and clinical practice in health care delivery organizations, including acute care facilities, longterm care facilities, and ambulatory care facilities; "(7) demonstrate methods to improve access to nursing services in noninstitutional settings through support of nursing practice arrangements in communities; or "(8) demonstrate methods to encourage nursing graduates to practice in health manpower shortage areas (designated under section 332) in order to improve the specialty and geographical distribution of nurses in the United States.". (b) Section 820(d) is amended— (1) by striking out the first sentence and inserting in lieu thereof: "(1) For payments under grants and contracts under paragraphs (1) through (5) of subsection (a), there are authorized to be appropriated $9,500,000 for the fiscal year ending September 30, 1986, $9,500,000 for the fiscal year ending September 30, 1987, and $9,500,000 for the fiscal year ending September 30, 1988."; (2) by striking out "this subsection" in the second sentence and inserting in lieu thereof "this paragraph"; (3) by striking out "1981," in such sentence and inserting in lieu thereof "1985,"; and (4) by adding at the end thereof the following new paragraph: "(2) For payments under grants and contracts under paragraphs (6), (7), and (8) of subsection (a), there are authorized to be appro-

42 USC 296k.

Health and medical care.

42 USC 254e.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/416

 99 STAT. 394

PUBLIC LAW 99-92—AUG. 16, 1985 priated $2,700,000 for the fiscal year ending September 30, 1986, $2,700,000 for the fiscal year ending September 30, 1987, and $2,700,000 for the fiscal year ending September 30, 1988. In making grants and entering into contracts with amounts appropriated under this paragraph, the Secretary shall give priority to applications for grants and contracts under paragraph (7) of subsection (a).". ADVANCED NURSE EDUCATION

42 USC 296Z.

SEC. 4. Section 821 is amended to read as follows: ADVANCED NURSE EDUCATION

Contracts. Grants. Schools and colleges.

"SEC. 821. (a) The Secretary may make grants to and enter into contracts with public and private nonprofit collegiate schools of nursing to meet the costs of projects to— "(1) plan, develop, and operate, "(2) expand, or "(3) maintain, programs which lead to masters' and doctoral degrees and which prepare nurses to serve as nurse educators, administrators, or researchers or to serve in clinical nurse specialties determined by the Secretary to require advanced education. "(b) For payments under grants and contracts under this section, there are authorized to be appropriated $16,500,000 for the fiscal year ending September 30, 1986, $17,000,000 for the fiscal year ending September 30, 1987, and $17,500,000 for the fiscal year ending September 30, 1988.". NURSE PRACTITIONER AND NURSE MIDWIFE PROGRAMS

42 USC 296m. Grants. Gontracts. Schools and colleges. Hospitals. Education.

42 USC 254e.

SEC. 5. (a)(1) Paragraph (1) of section 822(a) is amended to read as follows: "(1) The Secretary may make grants to and enter into contracts with public or nonprofit private schools of nursing and public health, public or nonprofit private schools of medicine which received grants or contracts under this subsection prior to October 1, 1985, public or nonprofit private hospitals, and other public or nonprofit private entities to meet the cost of projects to— "(A) plan, develop, and operate, "(B) expand, or "(C) maintain, programs for the education of nurse practitioners and nurse midwives. The Secretary shall give special consideration to applications for grants or contracts for programs for the education of nurse practitioners and nurse midwives who will practice in health manpower shortage areas (designated under section 332) and for the education of nurse practitioners which emphasize education respecting the special problems of geriatric patients and education to meet the particular needs of nursing home patients and patients who are confined to their homes.". (2) Paragraph (2) of such section is amended— (A) by striking out subparagraph (A) and inserting in lieu thereof the following: "(A) For purposes of this section, the term 'programs for the education of nurse practitioners and nurse midwives' means educational programs for registered nurses (irrespective of the type of

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Page:Bobbsey Twins at the Seashore.djvu/148

136 teased Harry, knowing very well Dorothy could not, at that minute, name a single character she would care to impersonate.

"Oh, let us be real," suggested Nellie. "Everybody will be all make-believe. I saw lots of people getting ready, and I'm sure they will all look like Christmas-tree things, tinsel and paper and colored stuffs."

"What would be real?" questioned Dorothy.

"Well, the Fisherman's Daughters," Nellie said, very slowly. "We have a picture at home of two little girls waiting—for their—father."

The boys noticed Nellie's manner, and knew why she hesitated. Surely it would be real for her to be a fisherman's daughter, waiting for her father!

"Oh, good!" said Dorothy. "I've got that picture in a book, and we can copy it exactly. You and I can be in a boat alone. I can row."

"You had better have a line to my boat," suggested Harry. "It would be safer in the crowd."

It had already been decided that


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 PUBLIC LAW 99-92—AUG. 16, 1985 school of nursing in which the nurses received their training) which meet guidelines prescribed by the Secretary in accordance with subparagraph (B) and which have as their objective the education of nurses (including pediatric and geriatric nurses) who will, upon completion of their studies in such programs, be qualified to effectively provide primary health care, including primary health care in homes and in ambulatory care facilities, long-term care facilities (where appropriate), and other health care institutions."; (B) by striking out "training" in the first sentence of subparagraph (B) and inserting in lieu thereof "education"; and (C) by inserting "and nurse midwives" before the period in the first sentence of subparagraph (B). (b) Section 822(b) is amended— (1) by striking out "nursing, medicine, and public health," in paragraph (1) and inserting in lieu thereof "nursing and public health, schools of medicine which received grants or contracts under this subsection prior to October 1, 1985,"; (2) by inserting "and nurse midwives" before the period in the first sentence of paragraph (1); (3) by inserting "or nurse midwife" after "practitioner" in paragraph (3); and (4) by inserting "or in a public health care facility" before "for a period" in paragraph (3). (c) Section 822(c) is amended— (1) by striking out "training" and inserting in lieu thereof "education"; and (2) by inserting "and nurse midwives" after "nurse practitioners". (d) Section 822 is further amended by striking out subsection (d) and by redesignating subsection (e) as subsection (d). (e) Section 822(d) (as redesignated by subsection (d) of this section) is amended to read as follows: "(d) For payments under grants and contracts under this section, there are authorized to be appropriated $12,000,000 for the fiscal year ending September 30, 1986, $12,000,000 for the fiscal year ending September 30, 1987, and $12,000,000 for the fiscal year ending September 30, 1988.". (f) The heading for section 822 is amended to read as follows:

99 STAT. 395

42 USC 296m.

NURSE PRACTITIONER AND NURSE MIDWIFE PROGRAMS TRAINEESHIPS FOR ADVANCED EDUCATION OF PROFESSIONAL NURSES

SEC. 6, (a) Paragraph (1) of section 830(a) is amended to read as follows: "(1)(A) The Secretary may make grants to public or nonprofit private schools of nursing and public health, public or nonprofit private hospitals, and other public or nonprofit private entities to cover the cost of traineeships for nurses in masters' degree and doctoral degree programs in order to educate such nurses to— "(i) serve in and prepare for practice as nurse practitioners, "(ii) serve in and prepare for practice as nurse administrators, nurse educators, and nurse researchers, or "(iii) serve in and prepare for practice in other professional nursing specialties determined by the Secretary to require advanced education.

51-194 O

QL. 3

Part 1

42 USC 297. Grants. Schools and colleges. Hospitals.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/418

 99 STAT. 396 Grants. Schools and colleges. 42 USC 297.

Grants. Schools and colleges.

PUBLIC LAW 99-92—AUG. 16, 1985 "(B) The Secretary may make grants to public and private nonprofit schools of nursing and appropriate public and private nonprofit entities to cover the cost of traineeships to educate nurses to serve in and prepare for practice as nurse midwives.". (b) Section 830 is further amended— (1) by redesignating subsection (b) as subsection (c); (2) by striking out the first sentence of such subsection and inserting in lieu thereof the following: "(1) There are authorized to be appropriated for the purposes of subsection (a) $11,500,000 for the fiscal year ending September 30, 1986, $12,250,000 for the fiscal year ending September 30, 1987, and $13,000,000 for the fiscal year ending September 30, 1988."; (3) by striking out the second sentence of such subsection; (4) by striking out "subsection (a)(l)(C)" in the third sentence and inserting in lieu thereof "subsection (a)(l)(A)(i)"; (5) by adding at the end of such subsection the following new paragraph: "(2) There are authorized to be appropriated for the purposes of subsection (b) $1,100,000 for the fiscal year ending September 30, 1986, $1,100,000 for the fiscal year ending September 30, 1987, and $1,100,000 for the fiscal year ending September 30, 1988."; (6) by inserting after subsection (a) the following new subsection: "0)) The Secretary may make grants to public or private nonprofit schools of nursing to cover the costs of post-baccalaureate fellowships for faculty in such schools to enable such faculty to— "(1) investigate cost-effective alternatives to traditional health care modalities, with special attention to the needs of atrisk populations, such as the elderly, premature infants, physically and mentally disabled individuals, and ethnic and minority groups; "(2) examine nursing interventions that result in positive outcomes in health status, with attention to interventions which address family violence, drug and alcohol abuse, the health of women, adolescent care, and disease prevention; and "(3) address other areas of nursing practice considered by the Secretary to require additional study."; and (7) by striking out "TRAINING" in the section heading and inserting in lieu thereof "EDUCATION". NURSE ANESTHETISTS

42 USC 297-1.

Grants. Schools and colleges.

SEC. 7. (a) Section 831(a)(l) is amended by striking out "Commissioner" and inserting in lieu thereof "Secretary". O> Section 831 is further amended by redesignating subsection (b) t) as subsection (c) and by inserting after subsection (a) the following new subsection: "(b) The Secretary may make grants to public or private nonprofit institutions to cover the cost of projects to improve existing programs for the education of nurse anesthetists which are accredited by an entity or entities designated by the Secretary of Education. Such grants shall include grants to such institutions for the purpose of providing financial assistance and support to certified registered nurse anesthetists who are faculty members of accredited programs to enable such nurse anesthetists to obtain advanced education relevant to their teaching functions.".

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 PUBLIC LAW 99-92—AUG. 16, 1985

99 STAT. 397

(c) Section 831(c) (as redesignated by subsection (b) of this section) is amended to read as follows: "(c) For the purpose of making grants under this section, there are authorized to be appropriated $800,000 for the fiscal year ending September 30, 1986, $800,000 for the fiscal year ending September 30, 1987, and $800,000 for the fiscal year ending September 30, 1988. Not more than 2 percent of the amount appropriated under this section for any fiscal year shall be obligated for grants under the second sentence of subsection (b).". (d) The section heading for such section is amended by striking out

Ante, p. 396.

"TRAINEESHIPS FOR TRAINING OF". STUDENT LOANS

SEC. 8. (a) Section 835 is amended by adding at the end thereof the Schools and following new subsection: ^O^T^I^^' "(c)(1) Any standard established by the Secretary by regulation for ^^ ^ ° ^ ^^^^ the collection by schools of nursing of loans made pursuant to loan agreements under this subpart shall provide that the failure of any such school to collect such loans shall be measured in accordance with this subsection. "(2) The measurement of a school's failure to collect loans made under this subpart shall be the ratio (stated as a percentage) that the defaulted principal amount outstanding of such school bears to the matured loans of such school. "(3) For purposes of this subsection— "(A) the term 'default' means the failure of a borrower of a loan made under this subpart to— "(i) make an installment payment when due; or "(ii) comply with any other term of the promissory note for such loan, except that a loan made under this subpart shall not be considered to be in default if the loan is discharged in bankruptcy or if the school reasonably concludes from written contacts with the borrower that the borrower intends to repay the loan; "(B) the term 'defaulted principal amount outstanding' means the total amount borrowed from the loan fund of a school that has reached the repayment stage (minus any principal amount repaid or cancelled) on loans— s^ "(i) repayable monthly and in default for at least 120 days; and "(ii) repayable less frequently than monthly and in default for at least 180 days; "(C) the term 'grace period' means the period of one year beginning on— "(i) the date on which the borrower ceases to pursue a full-time or half-time course of study at a school of nursing; or "(ii) the date on which ends any period described in clause (A) or (B) of section 836(b)(2) which is applicable to 42 USC 297b. such borrower, whichever is later; and "(D) the term 'matured loans' means the total principal amount of all loans made by a school of nursing under this subpart minus the total principal amount of loans made by such school to students who are—

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Page:United States Statutes at Large Volume 99 Part 1.djvu/420

 99 STAT. 398

42 USC 297b.

42 USC 297d.

42 USC 297c.

PUBLIC LAW 99-92—AUG. 16, 1985 "(i) enrolled in a full-time or half-time course of study at such school; or "(ii) in their first grace period.". (b) Section 836(b)(l) is amended— (1) by striking out "and" before "(B)"; and (2) by inserting before the period a comma and "and (C) if a student who will enroll in the school after June 30, 1986, is of exceptional financial need (as defined by regulations of the Secretary)". (c) Section 836(f) is amended— (1) by inserting "and in accordance with this section" after "Secretary" in the first sentence; (2) by striking out "may" in such sentence and inserting in lieu thereof "shall"; and (3) by striking out the second sentence and inserting in lieu thereof the following: "No such charge may be made if the payment of such installment or the filing of such evidence is made within 60 days after the date on which such installment or filing is due. The amount of any such charge may not exceed an amount equal to 6 percent of the amount of such installment.". (d) Section 836 is amended by adding at the end thereof the following new subsection: "(k) The Secretary is authorized to attempt to collect any loan which was made under this subpart, which is in default, and which was referred to the Secretary by a school of nursing with which the Secretary has an agreement under this subpart, on behalf of that school under such terms and conditions as the Secretary may prescribe (including reimbursement from the school's student loan fund for expenses the Secretary may reasonably incur in attempting collection), but only if the school has complied with such requirements as the Secretary may specify by regulation with respect to the collection of loans under this subpart. A loan so referred shall be treated as a debt subject to section 5514 of title 5, United States Code. Amounts collected shall be deposited in the school's student loan fund. Whenever the Secretary desires the institution of a civil action regarding any such loan, the Secretary shall refer the matter to the Attorney General for appropriate action.". (e) Section 838 is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following: "(a)(1) The Secretary shall from time to time set dates by which schools of nursing must file applications for Federal capital contributions. "(2)(A) If the total of the amounts requested for any fiscal year in such applications exceeds the total amount appropriated under section 837 for that fiscal year, the allotment from such total amount to the loan fund of each school of nursing shall be reduced to whichever of the following is the smaller: "(i) The amount requested in its application. "(ii) An amount which bears the same ratio to the total amount appropriated as the number of students estimated by the Secretary to be enrolled on a full-time basis in such school during such fiscal year bears to the estimated total number of students enrolled in all such schools on a full-time basis during such year. "(B) Amounts remaining after allotment under subparagraph (A) shall be reallotted in accordance with clause (ii) of such subpara-

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Page:United States Statutes at Large Volume 99 Part 1.djvu/421

 PUBLIC LAW 99-92—AUG. 16, 1985

99 STAT. 399

graph among schools whose applications requested more than the amounts so allotted to their loan funds, but with such adjustments as may be necessary to prevent the total allotted to any such school's loan fund under this paragraph and paragraph (3) from exceeding the total so requested by it. "(3) Funds which, pursuant to section 839(c) or pursuant to a loan Infra. agreement under section 835, are returned to the Secretary in any "^2 USC 297a. fiscal year, shall be available for allotment in such fiscal year and in the fiscal year succeeding the fiscal year. Funds described in the preceding sentence shall be allotted among schools of nursing in such manner as the Secretary determines will best carry out this subpart, except that in making such allotments, the Secretary shall give priority to schools of nursing which established student loan funds under this subpart after September 30, 1975. "(b) Allotments to a loan fund of a school shall be paid to it from time to time in such installments as the Secretary determines will not result in unnecessary accumulations in the loan fund at such school.". (f) Section 839 is amended— 42 USC 297e. (1) by striking out "1987," each place it appears in subsections (a) and (b) and inserting in lieu thereof "1991,"; and (2) by adding at the end thereof the following new subsection: "(c)(l) Within 90 days after the termination of any agreement with a school under section 835 or the termination in any other manner of a school's participation in the loan program under this subpart, such school shall pay to the Secretary from the balance of the loan fund of such school established under section 835, an amount which bears the same ratio to the balance in such fund on the date of such termination as the total amount of the Federal capital contributions to such fund by the Secretary pursuant to section 835(b)(2)(A) bears to the total amount in such fund on such date derived from such Federal capital contributions and from funds deposited in the fund pursuant to section 835(b)(2)(B). The remainder of such balance shall be paid to the school. "(2) A school to which paragraph (1) applies shall pay to the Secretary after the date on which payment is made under such paragraph and not less than quarterly, the same proportionate share of amounts received by the school after the date of termination referred to in paragraph (1) in payment of principal or interest on loans made from the loan fund as was determined for the Secretary under such paragraph.". (g) Subpart II of part B of title VIII is amended by adding at the end thereof the following new section: "PROCEDURES FOR APPEAL OF TERMINATIONS

"SEC. 842. In any case in which the Secretary intends to terminate Schools and an agreement with a school of nursing under this subpart, the colleges. Secretary shall provide the school with a written notice specifying ^^ ^^ 2971. such intention and stating that the school may request a formal hearing with respect to such termination. If the school requests such a hearing within 30 days after the receipt of such notice, the Secretary shall provide such school with a hearing conducted by an administrative law judge.". (h) Section 6103(m) of the Internal Revenue Code of 1954 is 26 USC 6103. amended—

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Page:United States Statutes at Large Volume 99 Part 1.djvu/422

 99 STAT. 400

PUBLIC LAW 99-92—AUG. 16, 1985 (1) by inserting "ADMINISTERED BY THE DEPARTMENT OF EDUCATION" before the period in the paragraph heading of para-

graph (4); and (2) by adding at the end thereof the following new paragraph: "(5) INDIVIDUALS WHO HAVE DEFAULTED ON STUDENT LOANS ADMINISTERED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.—

42 USC 294. 42 USC 297a.

"(A) IN GENERAL.—Upon written request by the Secretary of Health and Human Services, the Secretary may disclose the mailing address of any taxpayer who has defaulted on a loan made under part C of title VII of the Public Health Service Act or under subpart II of part B of title VIII of such Act, for use only by officers, employees, or agents of the Department of Health and Human Services for purposes of locating such taxpayer for purposes of collecting such loan. "(B) DISCLOSURE TO SCHOOLS AND ELIGIBLE LENDERS.—Any

42 USC 294m. 42 USC 294j. 42 USC 294.

mailing address disclosed under subparagraph (A) may be disclosed by the Secretary of Health and Human Services to— "(i) any school with which the Secretary of Health and Human Services has an agreement under subpart II of part C of title VII of the Public Health Service Act or subpart II of part B of title VIII of such Act, or "(ii) any eligible lender (within the meaning of section 737(4) of such Act) participating under subpart I of part C of title VII of such Act, for use only by officers, employees, or agents of such school or eligible lender whose duties relate to the collection of student loans for purposes of locating individuals who have defaulted on student loans made under such subparts for the purposes of collecting such loans.". REPEALS

42 USC

296-296b, 296d296f, 296j, 296h. 42 USC 297j. 42 USC 296.

SEC. 9. (a)(1) Sections 801, 802, 803, 805, 810, 811, 815, and 841 are repealed. (2) Subpart III of part B of title VIII is repealed. (b)(1) Part A of title VIII is amended by striking out the headings for subparts I, II, III, and IV. (2) The heading for part A of the title VIII is amended to read as follows: "PART A—SPECIAL PROJECTS".

(3) The heading for title VIII is amended to read as follows: "TITLE VIII—NURSE EDUCATION". 42 USC 296c, 298b-5.

(c)(1) Section 804 is redesignated as section 858 and is amended to read as follows: "RECOVERY FOR CONSTRUCTION ASSISTANCE

"SEC. 858. (a) If at any time within 20 years (or within such shorter period as the Secretary may prescribe by regulation for an interim facility) after the completion of construction of a facility

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Page:United States Statutes at Large Volume 99 Part 1.djvu/423

 PUBLIC LAW 99-92—AUG. 16, 1985 with respect to which funds have been paid under subpart I of part A (as such subpart was in effect on September 30, 1985)— "(1) the owner of the facility ceases to be a public or nonprofit school, "(2) the facility ceases to be used for the training purposes for which it was constructed, or "(3) the facility is used for sectarian instruction or as a place for religious worship, the United States shall be entitled to recover from the owner of the facility the base amount prescribed by subsection (c)(1) plus the interest (if any) prescribed by subsection (cK2). "(b) The owner of a facility which ceases to be a public or nonprofit school as described in paragraph (1) of subsection (a), or the owner of a facility the use of which changes as described in paragraph (2) or (3) of such subsection shall provide the Secretary written notice of such cessation or change of use not later than 10 days after the date on which such cessation or change of use occurs. "(c)(1) The base amount that the United States is entitled to recover under subsection (a) is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of the facility as the amount of the Federal participation bore to the cost of the construction. "(2)(A) The interest that the United States is entitled to recover under subsection (a) is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of 91-day Treasury bills auctioned during such period. "(B) The period referred to in subparagraph (A) is the period beginning— "(1) if notice is provided as prescribed by subsection (b), 191 days after the date on which the owner of the facility ceases to be a public or nonprofit school as described in paragraph (1) of subsection (a), or 191 days after the date on which the use of the facility changes as described in paragraph (2) or (3) of such subsection, or "(ii) if notice is not provided as prescribed by subsection (b), 11 days after the date on which such cessation or change of use occurs, and ending on the date the amount the United States is entitled to recover is collected. "(d) The Secretary may waive the recovery rights of the United States under subsection (a) with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights. "(e) The right of recovery of the United States under subsection (a) shall not, prior to judgment, constitute a lien on any facility.". (2) In the case of any facility that was or is constructed on or before the date of enactment of this Act or within 180 days after the date of enactment of this Act, the period described in subsection (c)(2)(B)(i) of section 858 of the Public Health Service Act (as amended by paragraph (1) of this subsection) shall begin no earlier than 181 days after the date of enactment of this Act. (3) The amendments made by paragraph (1) of this subsection shall not adversely affect other legal rights of the United States,

99 STAT. 401 42 USC 296.

Schools and colleges.

42 USC 298b-5 note.

42 USC 298b-5 note.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/424

 99 STAT. 402 42 USC 298.

42 USC 298b.

42 USC 297a.

Ante, p. 398.

PUBLIC LAW 99-92—AUG. 16, 1985 (d) Section 851(b) is amended by striking out ", and in the review of applications for construction projects under subpart I of part A, of applications under section 805, and of applications under subpart III of part A". (e) Section 853(1) is amended by striking out "the Canal Zone," and inserting in lieu thereof "the Commonwealth of the Northern Mariana Islands,". (f) Section 853(6) is amended to read as follows: "(6) The term 'accredited' when applied to any program of nurse education means a program accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education and when applied to a hospital, school, college, or university (or a unit thereof) means a hospital, school, college, or university (or a unit thereof) which is accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education, except that a school of nursing seeking an agreement under subpart II of part B for the establishment of a student loan fund, which is not, at the time of the application under such subpart, eligible for accreditation by such a recognized body or bodies or State agency, shall be deemed accredited for purposes of such subpart if the Secretary of Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the school will meet the accreditation standards of such body or bodies prior to the beginning of the academic year following the normal graduation date of students who are in their first year of instruction at such school during the fiscal year in which the agreement with such school is made under such subpart; except that the provisions of this clause shall not apply for purposes of section 838. For the purpose of this paragraph, the Secretary of Education shall publish a list of recognized accrediting bodies, and of State agencies, which the Secretary of Education determines to be reliable authority as to the quality of education offered.". EFFECTIVE DATE

42 USC 296k note.

SEC. 10. (a) Except as provided in subsection (b), this Act and the amendments and repeals made by this Act shall take effect on October 1, 1985. (b)(1) The provisions of section 9(c) of this Act and the amendment made by paragraph (1) of such section shall take effect on the date of enactment of this Act. (2) The amendment made by section 8(a) of this Act shall take effect June 30, 1984. ROTATION OF LABEL STATEMENTS

agarettes. 98 Stat. 2201.

Tobacco.

SEC. 11. LABEL ROTATION.—Section 4(c) of the Federal Cigarette

Labeling and Advertising Act (15 U.S.C. 1333(c)) is amended— (1) by striking out "The label" in the first sentence and inserting in lieu thereof "(1) Except as provided in paragraph (2), the label"; and (2) by inserting at the end the following: "(2)(A) A manufacturer or importer of cigarettes may apply to the Federal Trade Commission to have the label rotation described in subparagraph (C) apply with respect to a brand of cigarettes manufactured or imported by such manufacturer or importer if—

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Page:United States Statutes at Large Volume 99 Part 1.djvu/425

 PUBLIC LAW 99-92—AUG. 16, 1985 "(i) the number of cigarettes of such brand style sold in the fiscal year of the manufacturer or importer preceding the submission of the application is less than one-fourth of 1 percent of all the cigarettes sold in the United States in such year, and "(ii) more than one-half of the cigarettes manufactured or imported by such manufacturer or importer for sale in the United States are packaged into brand styles which meet the requirements of clause (i). If an application is approved by the Commission, the label rotation described in subparagraph (C) shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. "(B) An applicant under subparagraph (A) shall include in its application a plan under which the label statements specified in paragraph (1) of subsection (a) will be rotated by the applicant manufacturer or importer in accordance with the label rotation described in subparagraph (C). "(C) Under the label rotation which a manufacturer or importer with an approved application may put into effect each of the labels specified in paragraph (1) of subsection (a) shall appear on the packages of each brand style of cigarettes with respect to which the application was approved an equal number of times within the twelve-month period beginning on the date of the approval by the Commission of the application.". (b) DEFINITION.—Section 3 of such Act (15 U.S.C. 1332) is amended by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following: "(8) The term 'brand style' means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the cigarette, filtration on the cigarette, or packaging.". (c) EFFECTIVE DATE.—

99 STAT. 403

98 Stat. 2204.

15 USC 1333

(1) The amendments made by subsection (a) shall take effect note. October 12, 1985, except that— (A) on and after the date of the enactment of this Act a manufacturer or importer of cigarettes may apply to the Federal Trade Commission to have the label rotation specified in section 4(c)(2) of the Federal Cigarette Labeling and Advertising Act, as amended by subsection (a), apply to its brand styles of cigarettes and the Commission may take action on such an application, and (B) a manufacturer or importer of cigarettes may elect to have the amendments apply at an earlier date or dates selected by the manufacturer or importer. (2) The Federal Trade Commission may, upon application of a manufacturer or importer of cigarettes with an approved application under section 4(c)(2) of the Federal Cigarette Labeling and Advertising Act, as amended by subsection (a), extend the effective date specified in paragraph (1) to January 11, 1986. The Commission may approve an application for such an extension only if the Commission determines that the effective date specified in such paragraph (1) would cause unreasonable economic hardi^hip to the applicant. Section 4 of the Federal Cigarette Labeling and Advertising Act, as in effect before October 12, 98 Stat. 2201. 1985, shall apply with respect to a manufacturer or importer with an application approved under this paragraph.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/426

 99 STAT. 404

PUBLIC LAW 99-92—AUG. 16, 1985 TECHNICAL AMENDMENT

es Stat. 2204.

SEC. 12, Section 8 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1336) is amended by striking out "4(b)" and inserting in lieu thereof "4". REPORT DATE

98 Stat. 2200.

SEC. 13. Section 3(c) of the Comprehensive Smoking Education Act (15 U.S.C. 1341(c)) is amended by striking out "1985" and inserting in lieu thereof "1986". Approved August 16, 1985.

LEGISLATIVE HISTORY—H.R. 2370 (S. 1284): HOUSE REPORT No. 99-161 (Comm. on Energy and Commerce). SENATE REPORT No. 99-106 accompanying S. 1284 (Comm. on Labor and Human ItSSourcGsl

CONGRESSIONAL RECORD, Vol. 131 (1985): July 15, considered and passed House. July 22, considered and passed Senate, amended, in lieu of S. 1284. July 31, House agreed to Senate amendment.

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Rh, Freddie, and Nan should go in the Minturn launch, that was made up to look like a Venetian gondola. Mrs. Bobbsey and Aunt Emily and Aunt Sarah were to be Italian ladies, not that they cared to be in the boat parade, but because Aunt Emily, being one of the cottagers, felt obliged to encourage the social features of the little colony.

It was quite extraordinary how quickly and how well Dorothy managed to get up her costume and Nellie's. Of course, the boys were wonderful Indians, and Harry a splendid Frenchman; Mrs. Bobbsey, Aunt Sarah, and Aunt Emily only had to add lace headpieces to their brightest dinner gowns to be like the showy Italians, while Freddie looked like a little prince in his black velvet suit, with Flossie's red sash tied from shoulder to waist, in gay court fashion. Flossie wore the pink slip that belonged under her lace dress, and on her head was a silk handkerchief pinned up at the ends, in that square quaint fashion of little ladies of Venice.

There were to be prizes, of course, for the best costumes and prettiest boats, and the


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Page:United States Statutes at Large Volume 99 Part 1.djvu/427

 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 405

Public Law 99-93 99th Congress An Act To authorize appropriations for fiscal years 1986 and 1987 for the Department of State, the United States Information Agency, the Board for International Broadcasting, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Foreign Relations Authorization Act, Fiscal Years 1986 and 1987". (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I—DEPARTMENT OF STATE Sec. 101. Authorizations of appropriations. Sec. 102. Permanent authorizations of appropriations. Sec. 103. United Nations peacekeeping forces. Gr-n 104. Security earmark. Sec. 105. Liaison by the National Commission on Educational, Scientific, and Cultural Cooperation. Sec. 106. Australian Bicentennial. Sec. 107. World Commission on Environment and Development. Sec. 108. Earmarking of refugee assistance funds. Sec. 109. International Committee of the Red Cross. Sec. 110. Limitations on use of migration and refugee assistance funds. Sec. 111. Restrictions on foreign assistance not applicable to migration and refugee assistance. Sec. 112. Personal services abroad relating to migration and refugee assistance. Sec. 113. Audits of U.S. funds received by the United Nations High Commissioner for Refugees. Sec. 114. Authorized uses of appropriated funds. Sec. 115. Assistant Secretaries of State. Sec. 116. Under Secretary of State for Economic and Agricultural Affairs. Sec. 117. Detail of officers and employees. Sec. 118. Certain individuals employed abroad deemed to be employees of United States for certain purposes. Sec. 119. Appointments to the Senior Foreign Service by the Secretary of Commerce. Sec. 120. Pilot project for Foreign Service associates. Sec. 121. Feasibility study of a lateral entry program into the Foreign Service for businessmen and farmers. Sec. 122. Health care benefits. Sec. 123. Foreign Service Institute facilities. Sec. 124. International Center. Sec. 125. Special agents. Sec. 126. Extraordinary protective services for foreign missions. Sec. 127. Protecting United States interests under the Foreign Missions Act. Sec. 128. Peaceful resolution of international disputes. Sec. 129. Furnishing of excess Government-owned property by the Secretary of State. Sec. 130. Official residence of Secretary of State. Sec. 131. Strengthening the personnel system of the Bureau of International Narcotics Matters. Sec. 132. Sharing of information concerning drug traffickers. Sec. 133. Extradition treaties. Sec. 134. Establishment of a travel advisory on the state of Jalisco, Mexico.

Aug. 16, 1985 [H.R. 2068]

Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. 22 USC 2651 note.

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 99 STAT. 406

PUBLIC LAW 99-93—AUG. 16, 1985 Sec. 135. Commendation of Ambassador to Mexico. Sec. 136. Soviet employees at United States diplomatic and consular missions in the Soviet Union. Sec. 137. Responsibility of United States missions abroad to provide support for United States businesses. Sec. 138. Responsibility of United States missions to promote freedom of the press abroad. Sec. 139. Emergency telephone service at U.S. consular offices. Sec. 140. Responsibilities of United States representatives to international organizations. Sec. 141. United States responsibilities for employees of the United Nations. Sec. 142. United States contributions to the United Nations if Israel expelled. Sec. 143. United Nations organizations reform in budget procedures. Sec. 144. Limitation on ass^sed payments to the United Nations. Sec. 145. International Jute Organization. Sec. 146. INTELSAT. Sec. 147. Soviet and Communist disinformation and press manipulation. Sec. 148. Murder of Major Arthur D. Nicholson, Junior. Sec. 149. Inter-American cooperation in space, science, and technology. Sec. 150. Department of State Inspector General. Sec. 151. Employees of the United Nations. Sec. 152. Representation of minorities and women in the Foreign Service. Sec. 153. Board of the Foreign Service. Sec. 154. Damages resulting from delays in the construction of the United States embassy in Moscow. Sec. 155. Soviet and international Communist behavior.

Sec. 214.

TITLE II—UNITED STATES INFORMATION AGENCY Authorization of appropriations. Modernization of Voice of America. Radio broadcasting to Cuba. Funds for educational and cultural exchanges. Funds for worldwide book program initiative. Funds for exchange activities associated with the 1987 Pan American Games. Funds for international games for the handicapped. Ban on domestic activities by the USIA. Private sector funding for USIA's private sector program. National Endowment for Democracy. Promoting democracy and an end to the apartheid policies in South Africa. Distribution within the United States of the USIA film entitled "Hal David: Expressing a Feeling". Distribution within the United States of three USIA films relating to Afghanistan. Notification of p r c ^ a m grants.

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

TITLE III—BOARD FOR INTERNATIONAL BROADCASTING Authorization of appropriations. Improvement of facilities. Radio Free Afghanistan. Management of RFE/RL, Incorporated. Role of the Secretary of State. Task force with respect to broadcasts to Soviet Jewry.

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

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

Sec. Sec. Sec. Sec. Sec.

207. 208. 209. 210. 211.

Sec. 212. Sec. 213.

301. 302. 303. 304. 305. 306.

TITLE IV—THE ASIA FOUNDATION Sec. 401. Authorization of appropriations. Sec. Sec. Sec. Sec. Sec.

501. 502. 503. 504. 505.

TITLE V—IRAN CLAIMS SETTLEMENT Receipt and determination of certain claims. Deductions from arbitral awards. En bloc settlement. Reimbursement to the Federal Reserve Board of New York. Confidentiality of records.

TITLE VI—UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES Sec. 601. Statement of purpose. Sec. 602. Findings and declarations of policy. Sec. 603. Scholarship program authority.

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 PUBLIC LAW 99-93—AUG. 16, 1985 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

604. 605. 606. 607. 608. 609. 610. 611. 612. 613. 614. 615.

Guidelines. Authority to enter into agreements. Policy regarding other international educational programs. Establishment and maintenance of counseling services. Board of Foreign Scholarships. General authorities. English teaching, textbooks, and other teaching materials. Reporting requirement. Funding of scholarships for fiscal year 1986 and fiscal year 1987. Latin American exchanges. Feasibility study of training programs in sizable Hispanic populations. Compliance with Congressional Budget Act.

TITLE VII—ARMS CONTROL AND DISARMAMENT Supplemental authorization of appropriations for fiscal year 1985. Authorization of appropriations for fiscal years 1986 and 1987. Reports on adherence to and compliance with agreements. Pay for Deputy Director and Assistant Directors. New building in Geneva for the use of the United States arms control negotiating teams. Sec. 706. Study of measures to enhance crisis stability and control. Sec. 707. Policy toward banning chemical weapons. Sec. 708. Policy regarding a joint study by the United States and the Soviet Union of the consequences of nuclear winter.

Sec. Sec. Sec. Sec. Sec.

701. 702. 703. 704. 705.

TITLE VIII-MISCELLANEOUS PROVISIONS 801. Termination of national emergencies by joint resolution. 802. United States Institute of Peace. 803. Ex gratia payment to the Government of Switzerland. 804. Policy toward application of the Yalta Agreement. 805. Policy toward treatment of Soviet Pentecostals. 806. Democracy on Taiwan. 807. Increase United States-China trade. 808. Use of United States owned rupees. 809. Refugees in Thailand. 810. Policy regarding foreign exchange intervention. 811. Commending Mayor Teddy Kollek of Jerusalem. 812. Japan-United States security relationship and efforts by Japan to fulfill self-defense responsibilities. Sec. 813. Diplomatic equivalence and reciprocity. Sec. 814. United States International Narcotics Control Commission.

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

TITLE I—DEPARTMENT OF STATE SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS.

The following amounts are authorized to be appropriated for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law: (1) ADMINISTRATION OF FOREIGN AFFAIRS.—For "Administration of Foreign Affairs", $1,828,088,000 for the fiscal year 1986 and $1,873,790,000 for the fiscal year 1987. (2) INTERNATIONAL ORGANIZATIONS AND CONFERENCES.—For

"International Organizations and Conferences", $534,074,000 for the fiscal year 1986 and $534,074,000 for the fiscal year 1987. (3)

INTERNATIONAL

COMMISSIONS.—For

"International

Commissions", $28,704,000 for the fiscal year 1986 and $25,824,000 for the fiscal year 1987. (4) MIGRATION AND REFUGEE ASSISTANCE.—For "Migration and Refugee Assistance", $344,730,000 for the fiscal year 1986 and $344,730,000 for the fiscal year 1987. (5) BILATERAL SCIENCE AND TECHNOLOGY AGREEMENTS.—For

"United States Bilateral Science and Technology Agreements",

99 STAT. 407

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 99 STAT. 408

PUBLIC LAW 99-93—AUG. 16, 1985 $2,000,000 for the fiscal year 1986 and $2,000,000 for the fiscal year 1987. (6)

SOVIET-EAST EUROPEAN RESEARCH AND TRAINING.—For

"Soviet-East European Research and Training", $4,800,000 for the fiscal year 1986 and $5,000,000 for the fiscal year 1987. SEC. 102. PERMANENT AUTHORIZATIONS OF APPROPRIATIONS. (a) OTHER AUTHORIZATION OF APPROPRIATIONS.—

(1) Except for authorizations cited in paragraph (2), the only amounts authorized to be appropriated for any fiscal year for the accounts described in section 101 are those amounts specifically authorized to be appropriated for those accounts. (2) The other authorizations of appropriations referred to in paragraph (1) are those contained in section 24 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696), relating to increases in employee benefits authorized by law and to adverse fluctuations in foreign currency exchange rates and overseas wage and price changes, and in section 821 of the Foreign Service Act of 1980 (22 U.S.C. 4061), relating to the Foreign Service Retirement and Disability Fund. (b) NOTIFICATION TO AUTHORIZING COMMITTEES OF CERTAIN REQUESTS FOR APPROPRIATIONS.—In any fiscal year, whenever the Sec-

retary of State submits to the Congress a request for appropriations pursuant to the authorizations described in subsection (a)(2), the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such request. SEC. 103. UNITED NATIONS PEACEKEEPING FORCES.

The Act entitled "An Act to authorize United States payments to the United Nations for expenses of the United Nations peacekeeping forces in the Middle East, and for other purposes", approved June 19, 1975 (89 Stat. 216), is amended by striking out "there is hereby authorized to be appropriated to the Department of State" and inserting in lieu thereof the following: "the Secretary of State may, to the extent funds are authorized and appropriated for this purpose, make payments o f. SEC. 104. SECURITY EARMARK.

Of the amounts authorized to be appropriated for "Administration of Foreign Affairs" by section 101(1), not less than $311,000,000 for the fiscal year 1986 shall be available only for security-related capital projects and improvements and the salaries and expenses associated with security-related personnel. SEC. 105. LIAISON BY THE NATIONAL COMMISSION ON EDUCATIONAL, SCIENTIFIC, AND CULTURAL COOPERATION.

Of the amounts authorized to be appropriated for "Administration of Foreign Affairs" by section 101(1), $250,000 for fiscal year 1986 and $250,000 for the fiscal year 1987 shall be made available to the National Commission on Educational, Scientific, and Cultural Cooperation in order to enable the Commission to maintain a liaison between the United States Government, the United States educational, scientific, cultural, and communications communities, and the United Nations Educational, Scientific, and Cultural Organization (UNESCO).

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Page:United States Statutes at Large Volume 99 Part 1.djvu/431

 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 409

SEC. 106. AUSTRALIAN BICENTENNIAL.

(a) FINDING.—The Congress finds that the American-Australian Corporation. Bicentennial Foundation, a private, nonprofit corporation established in 1983 for the purpose of coordinating all United States official and private participation in the 1988 Australian Bicentennial celebration, deserves and needs financial support to effectively carry out that purpose. (b)

GRANT TO AMERICAN-AUSTRALIAN BICENTENNIAL FOUNDA-

TION.—From the amounts authorized to be appropriated for "Administration of Foreign Affairs" by section 101(1), the Secretary of State may make a grant in each of the fiscal years 1986 and 1987 to the American-Australian Bicentennial Foundation in support of its programs and operations to prepare for United States participation in the Australian Bicentennial celebration. (c) AUTHORITY OF U S I A NOT AFFECTED.—Subsection (b) shall not be construed to affect the authority delegated to the Director of the United States Information Agency under section 102(a)(3) of the Mutual Education and Cultural Exchange Act of 1961 (22 U.S.C. 2452(a)(3)). SEC. 107. WORLD COMMISSION ON ENVIRONMENT AND DEVELOPMENT.

Of the amounts authorized to be appropriated for "International Organizations and Conferences" by section 101(2), $750,000 for each of the fiscal years 1986 and 1987 shall be available only for a voluntary contribution to the World Commission on Environment and Development. SEC. 108. EARMARKING OF REFUGEE ASSISTANCE FUNDS.

Of the amounts authorized to be appropriated for "Migration and Refugee Assistance" by section 101(4)— (1) $12,500,000 for the fiscal year 1986 and $25,000,000 for the fiscal year 1987 shall be available only for assistance for refugees resettling in Israel; (2) $56,000,000 for the fiscal year 1986 and $56,000,000 for the fiscal year 1987 shall be available only for assistance for African refuffees' and (3) $2,500,000 for the fiscal year 1986 and $1,750,000 for the fiscal year 1987 shall be available to combat piracy in the Gulf of Thailand, for assistance to pirate victims, to promote the rescue of refugees in distress at sea in Southeast Asia, and to strengthen protection measures for Indochinese boat refugees. SEC. 109. INTERNATIONAL COMMITTEE OF THE RED CROSS.

(a) FINDINGS.—The Congress finds that— (1) the International Committee of the Red Cross carries out humanitarian missions vital to the United States, including— (A) the promulgation and implementation of international humanitarian law; (B) the protection of prisoners of war and of noncombatants in time of conflict; (C) the protection of political prisoners; (D) assistance in tracing persons who have disappeared in conflicts or for political reasons; (E) the provision of medicine, food, and essential assistance to refugees and other victims of man-made disasters; and (F) assistance in family reunification;

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Page:United States Statutes at Large Volume 99 Part 1.djvu/432

 99 STAT. 410

PUBLIC LAW 99-93—AUG. 16, 1985 (2) the scope and number of activities carried out by the International Committee of the Red Cross have, as a result of recent global developments, necessarily increased; and (3) there is an urgent need for increased support from the international community for the regular budget and special appeals of the International Committee of the Red Cross. (b) UNITED STATES POLICY.—It is the policy of the United States—

91 Stat. 845.

(1) to contribute to the International Committee of the Red Cross, in any financial year, an amount not less than 20 percent of the regular budget of the International Committee of the Red Cross; and (2) to support generously the special appeals made by the International Committee of the Red Cross. (c) EARMARKING.—Of the amounts authorized to be appropriated for "Migration and Refugee Assistance" by section 101(4), not less than $4,500,000 for each of the fiscal years 1986 and 1987 shall be available only for contribution to the regular budget of the International Committee of the Red Cross. (d) CONFORMING AMENDMENT.—Section 105 of the Foreign Relations Authorization Act, Fiscal Year 1978, is repealed. SEC. 110. LIMITATIONS ON USE OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.

Of the amounts authorized to be appropriated for "Migration and Refugee Assistance" by section 101(4), not more than $2,000,000 for the fiscal year 1986 and not more than $2,000,000 for the fiscal year 1987 may be used for enhanced reception and placement services. SEC. 111. RESTRICTIONS ON FOREIGN ASSISTANCE NOT APPLICABLE TO MIGRATION AND REFUGEE ASSISTANCE.

Section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) is amended by adding at the end thereof the following new subsection: "(f) The President may furnish assistance and make contributions under this Act notwithstanding any provision of law which restricts assistance tc foreign countries.". SEC. 112. PERSONAL SERVICES ABROAD RELATING TO MIGRATION AND REFUGEE ASSISTANCE.

(a) AUTHORITY.—Section 5(a) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2605) is amended— (1) by striking out "and" at the end of paragraph (5); (2) by redesignating existing paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph (6): "(6) contracting for personal services abroad, and individuals employed by contract to perform such services shall not be considered to be employees of the United States for purposes of any law administered by the Office of Personnel Management, except that the Secretary of State may determine the applicability to such individuals of section 2(f) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(f)) and of any other law administered by the Secretary concerning the employment of such individuals abroad; and".

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Page:United States Statutes at Large Volume 99 Part 1.djvu/433

 PUBLIC LAW 99-93—AUG. 16, 1985 (b) EFFECTIVE DATE.—Authority provided by the amendment made by subsection (a) shall only apply with respect to funds appropriated after the date of the enactment of this Act. SEC. 113. AUDITS OF U.S. FUNDS RECEIVED BY THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. The Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.) is amended by adding at the end thereof the following new section: "SEC. 8. AUDITS OF U.S. FUNDS RECEIVED BY THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. "(a) PROGRAM AUDITS.—Funds may not be made available to the United Nations High Commissioner for Refugees under this or any other Act unless by June 1, 1986, the High Commissioner provides for— "(1) annual program audits by an independent consultant, as selected by the Executive Committee of the United Nations High Commissioner for Refugees, to determine the use of such funds, including audits of the use of such funds by private and voluntary organizations; and "(2) such audits to be made available through the Executive Committee to the Department of State and for inspection by the Comptroller General of the United States. "(b)

99 STAT. 411 22 USC 2605 "ote.

22 USC 2606.

INSPECTION AND REPORT BY COMPTROLLER GENERAL.—The

Comptroller General of the United States shall inspect each such audit and submit a report of that inspection to the Congress. "(c) FIRST PROGRAM AUDIT.—The first program audit pursuant to Effective date. subsection (a)(1) shall begin not later than June 1, 1986.". SEC. 114. AUTHORIZED USES OF APPROPRIATED FUNDS. Section 2 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669) is amended in the text preceding paragraph (a) by striking out ", when funds are appropriated therefor, may" and inserting in lieu thereof "may use funds appropriated or otherwise available to the Secretary to". SEC. 115. ASSISTANT SECRETARIES OF STATE. (a) NUMBER OF ASSISTANT SECRETARIES.—The first section of the Act entitled "An Act to strengthen and improve the organization fi?';.i and administration of the Department of State, and for other purposes", approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out "thirteen" and inserting in lieu thereof "fourteen. (b) POSITIONS AT LEVEL IV OF THE EXECUTIVE PAY SCHEDULE.—

Section 5315 of title 5, United States Code, is amended— (1) by striking out "Director, Bureau of Intelligence and Research, Department of State."; and (2) by striking out "(13)" following "Assistant Secretaries of State" and inserting in lieu thereof "(14)". SEC. 116. UNDER SECRETARY OF STATE FOR ECONOMIC AND AGRICULTURAL AFFAIRS. (a) REDESIGNATION.—The first section of the Act entitled "An Act to strengthen and improve the organization and administration of the Department of State, and for other purposes", approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out "Under Secretary of State for Economic Affairs" and inserting in lieu thereof "Under Secretary of State for Economic and Agricultural Affairs".

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Page:United States Statutes at Large Volume 99 Part 1.djvu/434

 99 STAT. 412

PUBLIC LAW 99-93—AUG. 16, 1985 (b) CONFORMING AMENDMENT.—Section 5314 of title 5, United States Code, is amended by striking out "Under Secretary of State for Economic Affairs" and inserting in lieu thereof "Under Secretary of State for Economic and Agricultural Affairs". SEC. 117. DETAIL OF OFFICERS AND EMPLOYEES. Section 11(a) of the Department of State Appropriations Authorization Act of 1973 (22 U.S.C. 2685(a)) is amended by inserting in the second sentence after "does not exceed one year," the following: "or if the number of officers and employees so detailed, assigned, or otherwise made available at any one time does not exceed fifteen and the period of any such detail, assignment, or availability of an officer or employee does not exceed two years,".

22 USC 2669 note.

SEC. 118. CERTAIN INDIVIDUALS EMPLOYED ABROAD DEEMED TO BE EMPLOYEES OF UNITED STATES FOR CERTAIN PURPOSES. (a) AUTHORITY.—Section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting before the semicolon "for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad)". (b) EFFECTIVE DATE.—Authority provided by the amendment made by subsection (a) shall only apply with respect to funds appropriated after the date of the enactment of this Act. SEC. 119. APPOINTMENTS TO THE SENIOR FOREIGN SERVICE BY THE SECRETARY OF COMMERCE. (a) LIMITED APPOINTMENT TO SENIOR FOREIGN SERVICE IN DEPARTMENT OF COMMERCE.—Section 305 of the Foreign Service Act of 1980

22 USC 3950.

22 USC 3945 note.

(22 U.S.C. 3945) is amended by adding at the end thereof the following new subsection: "(c)(1) Appointments to the Senior Foreign Service by the Secretary of Commerce shall be excluded in the calculation and application of the limitation in subsection (b). "(2) Except as provided in paragraph (3), no more than one individual (other than an individual with reemployment rights under section 310 as a career appointee in the Senior Executive Service) may serve under a limited appointment in the Senior Foreign Service in the Department of Commerce at any time. "(3) The Secretary of Commerce may appoint an individual to a limited appointment in the Senior Foreign Service for a specific position abroad if— "(A) no career member of the Service who has the necessary qualifications is available to serve in the position; and "(B) the individual appointed has unique qualifications for the specific position.". (b) CONFORMING AMENDMENT.—Section 2403(c) of such Act (22 U.S.C. 3901 note) is repealed. (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect on October 1, 1985. SEC. 120. PILOT PROJECT FOR FOREIGN SERVICE ASSOCIATES. (a) SENSE OF CONGRESS.—It is the sense of the Congress that the national interest of the United States would be well served by making more productive use in United States missions abroad of the

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Page:United States Statutes at Large Volume 99 Part 1.djvu/435

 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 413

resources that spouses of American personnel assigned to missions abroad are qualified to provide. (b) PILOT PROJECT.—(1) The Secretary of State is authorized to

design, conduct, and evaluate a pilot project to test appropriate means of increasing employment of qualified spouses of American personnel assigned to United States missions. The intent of the pilot project shall be to construct a feasible program within which spouses' education, training, and relevant work experience can be used effectively within the mission and in the furthering of United States interests in the host country. (2) The Secretary shall conduct the pilot project described in paragraph (1) in accordance with section 311(b) of the Foreign Service Act of 1980 (22 U.S.C. 3951(b)). (c) COMMENCEMENT OF DESIGN PHASE.—The Secretary shall undertake the design phase of the pilot project upon the enactment of this Act. (d) REPORT,—The Secretary shall report to the Congress by February 1, 1986, on the design of the project and plans for its implementation and evaluation. The report shall include an evaluation of the effects of the pilot program on the full-time career positions in the Foreign Service and on the positions for foreign service nationals. SEC. 121. FEASIBILITY STUDY OF A LATERAL ENTRY PROGRAM INTO THE FOREIGN SERVICE FOR BUSINESSMEN AND FARMERS.

(a) STUDY.—The Secretary of State shall conduct a comprehensive study on the feasibility and desirability of creating a program of lateral entry into the Foreign Service for American businessmen, farmers, and other occupations. This study shall analyze the need for such a program by determining whether or not the personnel of the Foreign Service is composed of many people with a diversity of backgrounds such as business, farming, or other endeavors. The study shall also analyze the costs of putting such a program into effect. (b) REPORT.—The Secretary of State shall report the results of such a study to the Congress no later than 180 days after the date of the enactment of this Act. SEC. 122. HEALTH CARE BENEFITS.

Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is amended— (1) in subsection (a), by striking out "may" and inserting in lieu thereof "shall"; (2) in subsection (b), by inserting ", and other preventive and remedial care and services as necessary," after "inoculations or vaccinations"; and (3) by amending subsection (d) to read as follows: "(d) If an individual eligible for health care under this section incurs an illness, injury, or medical condition which requires treatment while assigned to a post abroad or located overseas pursuant to Government authorization, the Secretary may pay the cost of such treatment.". SEC. 123. FOREIGN SERVICE INSTITUTE FACILITIES.

(a) PURPOSE.—The purpose of this section is to promote com- Public buildings prehensive training to meet the foreign relations and national SlSp^an? note.

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138 judges' stand was a very showy affair, built at the bridge end of the lake.

There was plenty of excitement getting ready, but finally all hands were dressed, and the music from the lake told our friends the procession was already lining up.

Mrs. Minturn's launch was given second place, just back of the Mayor's, and Mrs. Bingham's launch, fixed up to represent an automobile, came next. Then, there were all kinds of boats, some made to represent impossible things, like big swans, eagles, and one even had a lot of colored ropes flying about it, while an automobile lamp, fixed up in a great paper head, was intended to look like a monster sea-serpent, the ropes being its fangs. By cutting out a queer face in the paper over the lighted lamp the eyes blazed, of course, while the mouth was red, and wide open, and there were horns, too, made of twisted pieces of tin, so that altogether the sea-serpent looked very fierce, indeed.

The larger boats were expected to be very fine, so that as the procession passed along the little lake the steam launches did not bring out


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Page:United States Statutes at Large Volume 99 Part 1.djvu/436

 99 STAT. 414

PUBLIC LAW 99-93—AUG. 16, 1985 security objectives of the United States and to provide facilities designed for that purpose to assure cost efficient training. (b) CONSTRUCTION OF TRAINING FACILITIES.—The Administrator of General Services may construct a consolidated training facility for the Foreign Service Institute on a site made available by the Secretary of State or acquired by the Administrator of General Services. Such site shall be located outside the District of Columbia but within reasonable proximity to the Department of State. The Administrator of General Services may carry out this subsection only to the extent that funds are provided in advance in appropriation Acts to the Department of State and are transferred to the Administrator of General Services for carrying out this section. (c) USE OF FUNDS.—(1) Of amounts authorized to be appropriated to the Department of State for fiscal years 1986 and 1987 for "Administration of Foreign Affairs" by section 101(1), a total of not to exceed $11,000,000 may be transferred by the Secretary of State to the Administrator of General Services for carrying out feasibility studies, site acquisition, and design, architectural, and engineering planning under subsection (b) of this section. (2) Of amounts authorized to be appropriated to the Department of State for fiscal years beginning after September 30, 1987, for "Administration of Foreign Affairs", a total not to exceed $50,000,000 may be transferred by the Secretary of State to the Administrator of General Services for carrying out construction under subsection (b) of this section. (3) Funds may not be obligated for construction of a facility under this section before the end of the period of 30 days of continuous session of Congress beginning on the date on which plans and estimates developed to carry out this section are submitted to the Committees on Foreign Affairs and Public Works and Transportation of the House of Representatives and the Committees on Foreign Relations and Environment and Public Works of the Senate. In determining days of continuous session of Congress for purposes of this paragraph— (A) continuity of session is broken only by an adjournment of Congress sine die; and (B) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the determination. If both Houses of Congress are not in session on the day any plans and estimates are submitted to such committees, such submittal shall be deemed to have been submitted on the first succeeding day on which both Houses are in session. If all such committees do not receive a submittal on the same day, such period shall not begin until the date on which all such committees have received it. (d) JURISDICTION AND CUSTODY.—The facility constructed under this section and the site of such facility shall be under jurisdiction and in the custody of the Administrator of General Services. (e)

OPERATION,

MAINTENANCE,

SECURITY,

ALTERATION,

AND

REPAIR.—(1) The Administrator of General Services shall delegate, in accordance with section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486) and section 15 of the Public Buildings Act of 1959 (40 U.S.C. 614), to the Secretary of State responsibility for the operation, maintenance, and security of and alterations and repairs to the facility constructed pursuant to this section, provided the facility is used by the Secretary for the purposes authorized by this section.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/437

 PUBLIC LAW 99-93—AUG. 16, 1985 (2) Not later than three months after occupancy of such facility, the Secretary of State and the Administrator of General Services shall each submit a report to the Committee on Foreign Affairs and the Committee on Public Works and Transportation of the House of Representatives, and to the Committee on Foreign Relations and the Committee on Environment and Public Works of the Senate, on the delegation of responsibility, pursuant to paragraph (1), for the operation, maintenance, and security of and alterations and repairs to the facility constructed pursuant to this section. (f) EXEMPTION FROM PAYMENT OF CHARGES.—(1) Except as provided in paragraph (2), the Department of State shall be exempt from the charges required by section 210(j) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(j)) for the use of the facility constructed under this section for the Foreign Service Institute. (2) The Administrator of General Services shall charge the Department of State under such section 210(j) for the costs of any operation, maintenance, repairs, or alterations of such facility carried out by the Administrator of General Services.

99 STAT. 415 Reports.

SEC. 124. INTERNATIONAL CENTER.

The International Center Act is amended— 96 Stat. 102. (1) in section 2— 96 Stat. 101. (A) by striking out "Administrator of General Services" and inserting in lieu thereof "Secretary of State, in consultation with the Administrator of General Services,"; and (B) by striking out "conveyed pursuant to" and inserting in lieu thereof "described in"; and (2) in section 4— 96 Stat. lOi. (A) by redesignating clauses (a) through (e) as clauses (1) through (5), respectively, and by redesignating clause (f) as (B) by inserting "(a)" after "SEC. 4."; (C) by striking out "and" at the end of clause (5), as redesignated by subparagraph (A), and inserting after such clause (5) the following: "(6) facilities for security and maintenance, and"; and (D) by adding at the end of such section the following new subsection: "(b) The Secretary of State shall periodically advise the Committees on Foreign Affairs and Public Works and Transportation of the House of Representatives and the Committee on Foreign Relations of the Senate on construction of facilities for security or maintenance under this section.". SEC. 125. SPECIAL AGENTS. (a) AUTHORITY RELATING TO INVESTIGATIONS, PROTECTION, ARRESTS,

AND CARRYING FIREARMS.—Title I of the State Department Basic Authorities Act of 1956 is amended by redesignating section 37 as 98 Stat. 2708. section 38 and by inserting the following new section 37 after section 22 USC 2651 36: note. "SEC. 37. SPECIAL AGENTS. "(a) GENERAL AUTHORITY.—Under such regulations as the Secretary of State may prescribe, special agents of the Department of State and the Foreign Service may—

22 USC 2709.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/438

 99 STAT. 416 Defense and national security.

PUBLIC LAW 99-93—AUG. 16, 1985 "(1) conduct investigations concerning illegal passport or visa issuance or use; «^2)forthe purpose of conducting such investigations— "(A) obtain and execute search and arrest warrants, and "(B) obtain and serve subpoenas and summonses issued under the authority of the United States; "(3) protect and perform protective functions directly related to maintaining the security and safety of— "(A) heads of a foreign state, official representatives of a foreign government, and other distinguished visitors to the United States, while in the United States; "(B) the Secretary of State, Deputy Secretary of State, and official representatives of the United States Government, in the United States or abroad; "(C) members of the immediate family of persons described in subparagraph (A) or (B); and "(D) foreign missions (as defined in section 202(a)(4) of this Act) and international organizations (as defined in section 209(b) of this Act), within the United States; "(4) if designated by the Secretary and qualified, under regulations approved by the Attorney General, for the use of firearms, carry firearms for the purpose of performing the duties authorized by this section; and "(5) arrest without warrant any person for a violation of section 111, 112, 351, 911, 970, 1001, 1028, 1541, 1542, 1543, 1544, 1545, or 1546 of title 18, United States Code— "(A) in the case of a felony violation, if the special agent has reasonable grounds to believe that such person— "(i) has committed or is committing such violation; and "(ii) is in or is fleeing from the immediate area of such violation; and "(B) in the case of a felony or misdemeanor violation, if the violation is committed in the presence of the special agent. "(b) AGREEMENT WITH ATTORNEY GENERAL AND FIREARMS REGULATIONS.— "(1) AGREEMENT WITH ATTORNEY GENERAL.—The authority

conferred by paragraphs (1), (2), (4), and (5) of subsection (a) shall be exercised subject to an agreement with the Attorney General and shall not be construed to affect the investigative authority of any other Federal law enforcement agency. "(2) FIREARMS REGULATIONS.—The Secretary of State shall prescribe regulations, which shall be approved by the Attorney General, with respect to the carrying and use of firearms by special agents under this section. "(c) SECRET SERVICE NOT AFFECTED.—Nothing in subsection (a)(3) shall be construed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section 202 of title 3, United States Code, or section 3056 of title 18, United States Code, at a level commensurate with protective requirements as determined by the United States Secret Service. The Secretary of State, the Attorney General, and the Secretary of the Treasury shall enter into an interagency agreement with respect to their law enforcement functions. "(d) TRANSMISSION OF REGULATIONS TO CONGRESS.—The Secretary

of State shall transmit the regulations prescribed under this section

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