text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/516

 101 STAT. 1329-173

PUBLIC LAW 100-202—DEC. 22, 1987

further the Sense of the Congress, that the Asian Development Bank should resolve this dispute in a fashion that is acceptable to Taiwan (the Republic of China). DEPLETED URANIUM

SEC. 567. None of the funds provided in this or any other Act may be made available to facilitate in any way the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than (1) countries which are members of NATO, or (2) countries which have been designated as a major non-NATO ally for purposes of section 1105 of the National Defense Authorization Act for Fiscal Year 1987. EARMARKS

SEC. 568. Funds appropriated by this Act which are earmarked may be reprogrammed for other programs within the same account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this or any other Act: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations. HAITI

569. (a) SUSPENSION OF ASSISTANCE.—During fiscal year 1988, none of the funds made available by this Act or by any other Act or joint resolution may be obligated or expended to provide United States assistance (including any such assistance appropriated and previously obligated) for Haiti (other than the assistance described in subsection (b) of this section) unless the democratic process set forth in the Haitian Constitution approved by the Haitian people on March 29, 1987, especially those provisions relating to the provisional Electoral Council, is being fully and faithfully adhered to by the Government of Haiti. (b) EXCEPTIONS.—The term "United States assistance" does not include— (1) assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 insofar as such assistance is provided through private and voluntary organizations or other nongovernmental agencies; (2) assistance which involves the donations of food or medicine; (3) disaster relief assistance (including any assistance under chapter 9 of part I of the Foreign Assistance Act of 1961); (4) assistance for refugees; (5) assistance under the Inter-American Foundation Act; (6) assistance necessary for the continued financing of education for Haitians in the United States; or (7) assistance provided in order to enable the continuation of migrant and narcotics interdiction operations. (c) C^ER SANCTIONS.—It is the sense of the Congress that, in order to further encourage the Government of Haiti to adhere to the constitutionally mandated transition to democracy, the President should— SEC.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/517

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-174

(1) suspend Haiti's eligibility for benefits under the Caribbean Basin Economic Recovery Act; and (2) seek international cooperation to encourage such adherence by the Government of Haiti through the imposition of an international arms embargo and comprehensive trade and financial sanctions. ASSISTANCE FOR PANAMA

SEC. 570. (a) Unless the President certifies to Congress that— 22 USC 2151 (1) the Government of Panama has demonstrated substantial "o*^ progress in assuring civilian control of the armed forces and that the Panama Defense Forces and its leaders have been removed from non-military activities and institutions; (2) the Government of Panama is conducting an impartial investigation into allegations of illegal actions by members of the Panama Defense Forces; (3) a satisfactory agreement has been reached between the governing authorities and representatives of the opposition forces on conditions for free and fair elections; and (4) freedom of the press and other constitutional guarantees, including due process of law, are restored to the Panamanian people; then no United States assistance (including any such assistance appropriated and previously obligated) shall be obligated or expended for Panama in this fiscal year and any fiscal year thereafter, and none of the funds appropriated or otherwise made available in this Act, or any other Act, shall be used to finance any participation of the United States in joint military exercises conducted in Panama during the period January 1, 1988, through December 31, 1988. Oo) It is the sense of the Congress that if the conditions described in paragraphs (1) through (4) of subsection (a) have been certified as having been met, then not only will United States assistance be restored, but increased levels of such assistance should be considered for Panama. (c) For purposes of this section, the term "United States assistance" means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government, including— (1) assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of such Act); (2) sales, credits, and guarantees under the Arms Export Control Act; (3) sales under title I or III and donations under title II of the Agricultural Trade Development and Assistance Act of 1954 of nonfood commodities; (4) other financing programs of the Commodity Credit Corporation for export sales of nonfood commodities; (5) financing under the Export-Import Bank Act of 1945; and (6) assistance provided by the Central Intelligence Agency or assistance provided by any other entity or component of the United States Government if such assistance is carried out in connection with, or for purposes of conducting, intelligence or intelligence-related activities except that this shall not include activities undertaken solely to collect necessary intelligence;

�

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


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/518

 101 STAT. 1329-175

PUBLIC LAW 100-202—DEC. 22, 1987

except that the term "United States assistance" does not include (A) assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 insofar as such assistance is provided through private and voluntary organizations or other nongovernmental agencies, (B) assistance which involves the donations of food or medicine, (C) disaster relief assistance (including any assistance under chapter 9 of part I of the Foreign Assistance Act of 1961), (D) assistance for refugees, (E) assistance under the Inter-American Foundation Act, (F) assistance necessary for the continued financing of education for Panamanians in the United States, or (G) assistance made available for termination costs arising from the requirements of this section, (d) The Secretary of Treasury shall instruct the United States Executive Directors to the Multilateral Development Banks (the International Bank for Reconstruction and Development, the Inter national Finance Corporation, and the Inter-American Development Bank) to vote against any loan to Panama, unless the President has certified in advance that the conditions set forth in subsection (a) of this section have been met. EUMINATION OF THE SUGAR QUOTA ALLOCATION OF PANAMA

7 USC 3602 ^°^^-

SEC. 571. (a) IN GENERAL.—Notwithstanding any other provision of law, no sugars, sirups, or molasses that are products of Panama may be imported into the United States after the date of enactment of this Act during any period for which a limitation is imposed by authorities provided under any other law on the total quantity of sugars, sirups, and molasses that may be imported into the United States: Provided, That such products may be imported after the beginning of the last week of any quota year if the President certifies that for the entire duration of the quota year, freedom of the press and other consitutional guarantees, including due process of law, have been restored to the Panameinian people. (b) REALLOCATION OF QUOTA AMOUNTS.—For any quota year for which the President does not certify for the entire duration of the quota year, freedom of the press and all other constitutional guarantees, including due process of law, have been restored to the Panamanian people, no later than the last week of such quota year, the United States Trade Representative shall reallocate among other foreign countries the quantity of sugar, sirup, and molasses products of Panama that could have been imported into the United States before the date of enactment of this Act under any limitation imposed by other law on the total quantity of sugars, sirups, and molgisses that may be imported into the United States during any period. (c) CONFORMING AMENDMENTS TO TARIFF SCHEDULES.—

(1) Paragraph (c)(i) of headnote 3 of subpart A of part 10 of schedule 1 of the Tariff Schedules of the United States is amended by striking out the item relating to Panama in the table. (2) Paragraph (c) of headnote 3 of subpart A of part 10 of schedule 1 of the Tariff Schedules of the United States is amended by adding at the end thereof the following new subparagraph: "(iii) Notwithstanding any authority given to the United States Trade Representative under paragraphs (e) and (g) of this headnote, no allocation may be made to Panama of any portion of any limitetion imposed under any paragraph of this headnote on the

�


text:
Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/138

 'But the lime is heavy,' objected Pinocchio, 'and I don't want to tire myself.'

'If you don't want to tire yourself, then, my boy, amuse yourself with yawning, and much good may it do you.'

In less than half an hour twenty other people went by; and Pinocchio asked charity of them all, but they all answered:

'Are you not ashamed to beg? Instead of idling about the roads, go and look for a little work and learn to earn your bread.'

At last a nice little woman carrying two cans of water came by.

'Will you let me drink a little water out of your can?' asked Pinocchio, who was burning with thirst.

'Drink, my boy, if you wish it!' said the little woman, setting down the two cans.

Pinocchio drank like a fish, and as he dried his mouth he mumbled:

'I have quenched my thirst. If I could only appease my hunger! . . .'

The good woman hearing these words said at once:

'If you will help me to carry home these two cans of water, I will give you a fine piece of bread.'

Pinocchio looked at the can and answered neither yes nor no.

'And besides the bread you shall have a nice dish of cauliflower dressed with oil and vinegar,' added the good woman.


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/519

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-176

quantity of sugars, sirups, and molasses described in items 155.20 and 155.30 which may be entered.". (d) CERTIFICATION.—The provisions of subsections (a) and 0>), and the amendments made by subsection (c) of this section, shall cease to apply if the President certifies to Congress pursuant to section 570(a) 12 of this Act. COMMERCIAL LEASING OP DEFENSE ARTICLES

SEC. 572. Section 23(a) of the Arms Export Control Act is amended by adding at the end the following: "Notwithstanding any other provision of law, and subject to the regular notification requirements of the Committees on Appropriations, the authority of this section may be used to provide financing to Israel and Egypt for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under this Act.". STINGERS IN THE PERSIAN GULF REGION

SEC. 573. (a) PROHIBITION.—Except as provided in subsection (b), no Stinger antiaircraft missiles may be provided, directly or indirectly, by sale, lease, grant or otherwise, during fiscal year 1988 to any country in the Persian Gulf region. (b) EXCEPTION.—Notwithstanding the prohibition in subsection (a), such missiles may be provided to Bahrain if the President certifies to Congress that— (1) such missiles are needed by the recipient country to counter an immediate air threat and/or to contribute to the protection of United States personnel, facilities or operations; (2) no other appropriate system is available from the United States; (3) the recipient agrees to safeguards as required in the Letter of Offer and Acceptance by the United States Government to protect against diversion; and (4) the recipient country has agreed to a United States buyback of all the remaining missiles and components which have not been destroyed or fired in order to return them to the possession and control of the United States when another United States air defense system which meets the military requirements can be made available or not more than 18 months from the enactment of this legislation. (c) REPORT.—Not later than 3 months after the date of enactment President of U.S. of this Act, the President shall submit to the Congress a report which assesses the global threat caused by the proliferation of manportable ground-to-air missiles with advanced technology comparable to that of the Stinger missile, without regard to the country of origin of those missiles. This report shall give special emphasis to the danger of such missiles being used in acte of terrorism. Further, that the President review and report every 3 months on the conditions and timing under which the appropriate system may be deliv'* Original copy read "569(a)".

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/520

 101 STAT. 1329-177

PUBLIC LAW 100-202—DEC. 22, 1987

ered and the means for subsequent recovery of any Stinger missiles sold under the authority of this provision. President of U.S. (d) NOTIFICATION.—Before issuing any letter of offer to sell or provide Stinger missiles (without regard to the amount of the sale or transfer) the President shall notify the Speaker of the House of Representatives and the Majority Leader of the Senate. Any such notification shall contain the information required in a certification under section 36(b) of the Arms Export Control Act. HUMAN RIGHTS IN CUBA

SEC. 574. (a) The Congress finds that— (1) the United Nations was established in 1945 for, among other purposes, the promotion and encouragement of respect for human rights and fundamental freedoms for all; (2) the United Nations Human Rights Commission was established by the Economic and Social Council in 1946 to investigate and make recommendations concerning the violation of human rights and fundamental freedoms; (3) the Government of Cuba has engaged in systematic and flagrant abuses of basic human rights and freedoms so offensive that they demand universal condemnation, including— (A) the arbitrary arrest and prolonged imprisonment of individuals accused of political opposition to the Government of Cuba for engaging in such activities as the open or private expression of political opinions or religious beliefs, the attempt to form independent labor unions, the possession, reproduction, or intended distribution of religious or political literature, including the Universal Declaration of Human Rights, or even the professional representation by legal counsel of those so accused; (B) the murder of political prisoners while in custody or the execution of individuals sentenced to death for political offenses; (C) the reported systematic use of physical and psychological torture and the degrading and abusive treatment of political prisoners, especially the plantados—those who refuse out of conscience to participate in so-called political rehabilitation programs; (D) the institutionalized use of a network of neighborhood informants organized by political "block committees" or socalled "Committees for the Defense of the Revolution" to repress the exercise of any freedom of expression and to otherwise control the behavior of citizens through intimidation; (E) the repression of the independent Committee for Human Rights in Cuba for its attempt to register as a legal organization under the laws of the State, and the reported arrest, disappearance, or death of members of the Committee, and the continuing persecution of its president who has had to seek the safety of a foreign embassy out of fear for his life and continues to be deprived of the right to leave Cuba or to be reunited with his family; and (F) the expulsion from Cuba of foreign journalists for having attempted to interview Cuban citizens and report objectively on the human rights situation in that country; and

.",--••

™-

•••'^

• •

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/521

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-178

(4) the Congress further recognizes that the United Nations has consistently failed to address the violation of fundamental human rights and freedoms in Cuba, (b) It is the sense of Congress that— (1) the United Nations and the United Nations Human Rights Commission have acted selectively and inconsistently in addressing violations of basic human rights in various countries; (2) the United Nations General Assembly and the United Nations Human Rights Commission have failed to responsibly address the deplorable human rights situation in Cuba despite overwhelming evidence of the continuing disregard and systematic abuse of the most basic human rights by the Government of Cuba; (3) the President, the Secretary of State, and the Permanent Representative of the United States to the United Nations are to be commended for their efforts to place Cuba on the human rights agenda of the United Nations and are strongly encouraged to continue in their efforts to bring this issue to the attention of the United Nations; (4) the following countries are to be commended for their courageous vote in favor of considering human rights violations in Cuba, particularly in light of the thinly veiled threats of the Cuban delegation: Austria, Australia, Belgium, Costa Rica, France, Gambia, the Federal Republic of Germany, Iceland, Italy, Japan, Lesotho, Liberia, Norway, the Philippines, Somalia, Togo, and the United Kingdom; (5) member states of the United Nations Human Rights Commission interested in democracy in the region, particularly Mexico, Spain, Peru, Venezuela, Argentina, and Colombia, should support the United States resolution on Cuban human rights at the next session of the United Nations Human Rights Commission, and that the United States should take into account this vote in determining United States bilateral and other assistance to all countries which are members of the Commission; (6) the United States should continue to emphasize how other countries vote on fundamental issues such as human rights when determining financial support for the United Nations, including the contribution to the Human Rights Commission; and (7) the United Nations Human Rights Commission, which will hold its forty-fourth session in Geneva, Switzerland, in 1988 should include among the highest priorities of its human rights agenda consideration of human rights violations in Cuba. OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY INTERNATIONAL FINANCIAL INSTITUTIONS SEC. 575. (a) INSTRUCTIONS FOR UNITED STATES EXECUTIVE DIREC-

TORS.—The Secretary of the Treasury shall instruct the United Loans. States Executive Director of each international financial institution to vote against any loan or other use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination under section 6(j) of the Export Administration Act of 1979.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/522

 101 STAT. 1329-179

PUBLIC LAW 100-202—DEC. 22, 1987

(b) DEFINITION.—For purposes of this section, the term "international financial institution" includes— (1) the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund; and (2) wherever applicable, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the African Development Fund. PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 576. Notwithstanding any other provision of law, funds appropriated for bilateral assistance under any heading of this Act and funds appropriated under any such heading in a provision of law enacted prior to fiscal year 1988— (1) shall not be obligated or expended for assistance to a country listed in section 6(j) of the Export Administration Act of 1979 on the date of enactment of this Act or placed on that list thereafter, (2) if obligated before such date as assistance for such country, shall not disbursed, and (3) if expended before such date for assistance to be delivered to such country from the United States or by United States nationals, then no such delivery shall be made, unless such assistance is for humanitarian purposes. UNITED STATES POLICY TOWARD CHILE

Orlando Letelier. Ronni Karpen Moffitt. Carmen Gloria Quintana. Rodrigo Rojas de Negri.

SEC. 577. (a) The Congress finds that— (1) genuine democracy and internal stability best guarantee the long-term security and economic well-being of Chile; (2) the 14-year period of military rule under General August© Pinochet has been a deviation from the traditional, apolitical role of the Chilean Armed Forces which had proudly carried out its security responsibilities as an arm of democratic governments for approximately 150 years, thus fundamentally assisting Chile to be a Latin American model of democracy; (3) continued rule by a military leader after 1989 will be likely to bolster the position of the Communists, enhance the appeal of the Communist opposition's more radical and violent approach to political activity, and further the growing political polarization in Chile; (4) the United States Government has actively supported a democratic transition in Chile, condemned violence from all sides, urged dialog between the government and democratic opposition leaders leading to a broad consensus on a transition to full democracy, and has also promoted increased respect for human rights in Chile; (5) the United States has voiced legitimate concern regarding the failure of the Chilean Government to cooperate with the prosecution of those indicted for the 1976 assassination of former Chilean diplomat Orlando Letelier and American citizen Ronni Moffitt, and to bring to justice those members of government security forces reported to have beaten and set on fire Carmen Gloria Quintana and Rodrigo Rojas de Negri; (6) on August 1, 1978, a United States Federal grand jury indicted three members of the Chilean intelligence service,

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/523

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-180

General Manuel Contreras, Captain Armando Fernandez Larios, and Colonel Pedro Espinoza, for conspiracy in the September 21, 1976, murders of Orlando Letelier and Ronni Karpen Moffitt; Armando Fernandez Larios affirmed the grand jury indictment in his February 4, 1987, testimony before the United States District Court in Washington, District of Columbia; (7) free elections and democratic government are conditions which lead to public accountability and thus to observance of human rights in Chile and all other countries; (8) the Universal Declaration of Human Rights determines free elections to be a basic human right and states that the "will of the people shall be the basis of government; this will shall be expressed in equal suffrage and shall be held by secret vote or by equivalent voting procedures"; (9) the United States believes that a free, fair and open election which offers a clear choice of candidates and political views is the best formula for choosing democratic leaders and insuring a peaceful transition to democracy in Chile; and (10) the United States, in view of longstanding friendly ties between the American and Chilean people, recognizes that only the Chilean people can bring about a transition to democracy but wishes to encourage a situation in which a return to fully functioning democracy will occur in the near future and in which the Chilean people will have the opportunity to elect democratically their own leaders. (b) The Congress hereby— (1) looks forward to the early return of the Chilean Armed Forces to its traditional role as a pillar of strength in the support of democracy in Chile; and (2) calls upon the Government of Chile to make appropriate compensation to the members of the Letelier and Moffitt families and urges the Chilean Government to make available for trial in the United States or bring to justice in Chile Manuel Contreras and Pedro Espinoza for their involvement in the assassination and subsequent coverup of their role in the 1976 car bombing of Orlando Letelier and Ronni Karpen Moffitt; and (3) strongly urges that the Government of Chile takes steps to— (A) assure that military rule in Chile ends at least by 1989; (B) ensure that the next democratically elected president of Chile is chosen from civilian candidates who offer a clear choice of political views; (C) facilitate and assure voting procedures for the electoral process which are genuinely fair and based upon universal and equal suffrage with broad participation and which ensure that the vote will be accurately counted and subject to independent verification; (D) in accord with past Chilean traditions, such clear and agreed upon procedures should be established well in advance of any electoral act so that all Chileans can be confident that the vote will be accurately counted and subject to independent verification; and (E) ensure that prior to any electoral process, freedom of assembly and expression are fully restored and nonviolent

Manuel Contreras. Armando Fernandez Larios. Pedro Espinoza.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/524

 101 STAT. 1329-181

PUBLIC LAW 100-202—DEC. 22, 1987 government opponents are given early and fair access to every means of communication, including television.

ASSISTANCE FOR IMPLEMENTATION OF REGIONAL PEACE AGREEMENT

SEC. 578. Notwithstanding any other provision of law, unobligated balances of funds appropriated by the Supplemental Appropriations Act, 1985 (Public Law 99-88) under the heading "Assistance for Implementation of a Contadora Agreement" shall be used only to facilitate, through support for such activities as verification and monitoring, the regional peace initiative signed in Guatemala City on August 7, 1987. ADMINISTRATION OF JUSTICE 22 USC 2346c.

Termination date.

SEC. 579. (a) Section 534(b)(3) of the Foreign Assistance Act of 1961 is amended to read as follows: "(3) notwithstanding section 660 of this Act— "(A) programs to enhance professional capabilities to carry out investigative and forensic functions conducted under judicial or prosecutorial control; "(B) programs to assist in the development of academic instruction and curricula for training law enforcement personnel; "(C) programs to improve the administrative and management capabilities of law enforcement agencies, especially their capabilities relating to career development, personnel evaluation, and internal discipline procedures; and "(D) programs, conducted through multilateral or regional institutions, to improve penal institutions and the rehabilitation of offenders;". (b) Section 534(e) of such Act is amended to read as follows: "(e) Personnel of the Department of Defense and members of the United States Armed Forces may not participate in the provision of training under this section. Of the funds made available to carry out this section, not more than $7,000,000 may be made available in each of fiscal years 1988 and 1989 to carry out the provisions of subsection (b)(3) of this section. The authority of this section shall expire on September 30, 1989.". COOPERATIVE TRAINING AGREEMENTS WITH MAJOR NON-NATO ALUES

22 USC 2761.

SEC. 580. Section 21(g) of the Arms Export Control Act is amended— (1) by inserting "and with other countries which are major non-NATO allies," after "New Zealand,"; and (2) by adding at the end the following: "As used in this subsection, the term 'major non-NATO allies' means those countries designated as major non-NATO allies for purposes of section 1105 of the National Defense Authorization Act of fiscal year 1987.". ASSISTANCE FOR POLAND

SEC. 581. Up to the equivalent of $500,000 of the nonconvertible Polish currencies (after satisfaction of preexisting commitments to use such currencies for other purposes specified by law) held by the United States which have been generated by the sale to Poland of

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/525

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-182

surplus United States dairy products may be made available for the reconstruction, renovation, and maintenance of the Research Center on Jewish History and Culture of the Jagiellonian University of Krakow, Poland, established for the study of events related to the Holocaust in Poland. MAINTENANCE OF MILITARY BALANCE OF EASTERN MEDITERRANEAN SEC. 582. (a) UNITED STATES POLICY.—The Congress intends that

22 USC 2373 excess defense articles be made available under this section consist- note. ent with the United States policy, established by section 620C of the Foreign Assistance Act of 1961, of maintaining the military balance in the eastern Mediterranean. (b) MAINTENANCE OF BALANCE.—Accordingly, the President shall President of U.S. ensure that, for each fiscal year, the ratio of— (1) the value of excess defense articles made available for Turkey under this section, to (2) the value of excess defense articles made available for Greece under this section, closely approximates the ratio of— (A) the amount of military assistance and financing provided for Turkey, to (B) the amount of military assistance and financing provided for Greece. (c) EXCEPTION TO REQUIREMENT.—Subsection (b) shall not apply if either Greece or Turkey ceases to be eligible to receive excess defense articles. IMPORT ASSISTANCE FOR CBI BENEFICIARY COUNTRIES AND THE PHIUPPINES

S E C 583. (a) For the purpose of this Act Congress finds that the cultivation and processing of sugar cane is a significant part of the economy of a number of friendly foreign nations that have traditionally exported raw sugar to the United States for refining and marketing. The sugar production and marketing policies of sugar exporting countries, other than the CBI and the Philippines, notably the EEC, has resulted in the surplus production of sugar and the dumping of sugar on world markets, thereby depressing prices to levels below the cost of production. Because of the changes occurring in the United States market for sweeteners, the export market for raw sugar produced in the CBI and Philippines has been severely ^^ restricted. In accordance with the purposes of this Act, efforts shall be made by the United States to provide assistance that helps to maintain a viable sugar industry in these countries. By conducting a special reexport program for sugar, effectively utilizing CCC-owned commodities, the friendly sugar-producing nations of the Caribbean Basin and the Philippines are helped more effectively than they are through section 416 commodity program assistance, and the sugar refining industry in the United States is able to retain a viable level of productive capacity. (b) The Secretary of Agriculture shall issue regulations for fiscal year 1988 that set forth the terms and conditions of a special export enhancement program for a quantity of refined sugar produced in the United States equal to the quantity of raw sugar imported from beneficiary countries as defined in the Caribbean Basin Initiative •» Copy read "severly".

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/526

 101 STAT. 1329-183

f! *';

8.1'lo;r'«i>;

(19 U.S.C. 2702) and the Republic of the Philippines. This will enable United States refiners, processors or operators to purchase raw sugar from CBI beneficiary countries and the Republic of the Philippines at United States domestic prices for export of an equivalent quantity of refined sugar into world markets within 60 days. The tonnage for fiscal year 1988 for this purpose shall be no less than 290,000 short tons, raw value, for the CBI nations and 110,000 short tons, raw value, for the Philippines. This amount shall be in addition to the sugar quota level established for the CBI and Philippines pursuant to the tariff schedules (19 U.S.C. 1202), for calendar year 1988 and shall not be held as violating the no cost provision contained in the sugar title of the Food Security Act of 1985. In order to maximize the number of competing bidders, the Secretary shall, in determining the low bidders in the special export enhancement program established under this section, make appropriate adjustments in bids received from sugar refiners and processors to reflect differing transportation costs based on refinery and factory location. (c) The Secretary of Agriculture shall estimate the dollar amount of section 416 commodities which would be made available to compensate eligible CBI countries and the Philippines for the 1988 sugar quota year and operate the special sugar export enhancement program by adjusting the quantities of sugar shipped and imported under this program so as to insure that the cost of $12,000,000 below the outlay costs for fiscal year 1988 of the section 416 commodities that would otherwise have been made available, including any costs in shipping the minimum amount of section 416 commodities as required in the Food Security Act of 1985. To estimate dollar values, the Secretary of Agriculture shall estimate the cost of the certificates to be 13 percent above their face value. ^'''

8 USC 1101 note.

PUBLIC LAW 100-202—DEC. 22, 1987

'

AMERASIAN IMMIGRATION

"<-^'

•-

SEC. 584. (a)(1) Notwithstanding any numerical limitations specified in the Immigration and Nationality Act, the Attorney General may admit aliens described in subsection (b) to the United States as immigrants if— (A) they are admissible (except as otherwise provided in paragraph (2)) as immigrants, and (B) they are issued an immigrant visa and depart from Vietnam during the 2-year period beginning 90 days after the date of the enactment of this Act. (2) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) of section 212(a) of the Immi^ation and Nationality Act shall not be applicable to any alien seeking admission to the United States under this section, and the Attorney General on the recommendation of a consular officer may waive any other provision of such section (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attorney General shall be in writing and shall be granted only on an individual basis following an investigation by a consular officer. (3) Notwithstanding section 221(c) of the Immigration and Nationality Act, immigrant visas issued to aliens under this section shall be valid for a period of 8 months. (b)(1) An alien described in this section is an alien who, as of the date of the enactment of this Act, is residing in Vietnam and who

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/527

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-184

establishes to the satisfaction of a consular officer or an officer of the Immigration and Naturalization Service after a face-to-face interview, that the alien— (A)(i) was born in Vietnam after January 1, 1962, and before January 1, 1976, and (ii) was fathered by a citizen of the United States (such an alien in this section referred to as a "principal alien"); (B) is the spouse or child of a principal alien and is accompanying, or following to join, the principal alien; or (C) subject to paragraph (2), either (i) is the principal alien's natural mother (or is the spouse or child of such mother), or (ii) has acted in effect as the principal alien's mother, father, or next-of-kin (or is the spouse or child of such an alien), and is accompanying, or following to join, the principal alien. (2) An immigrant visa may not be issued to an alien under paragraph (I)(C) unless the principal alien involved is unmarried and the officer referred to in paragraph (1) has determined, in the officer's discretion, that (A) such an alien has a bona fide relationship with the principal alien similar to that which exists between close family members and (B) the admission of such an alien is necessary for humanitarian purposes or to assure family unity. If an alien described in paragraph (IXCXii) is admitted to the United States, the natural mother of the principal alien involved shall not, thereafter, be accorded any right, privilege, or status under the Immigration and Nationality Act by virtue of such parentage. (3) For purposes of this section, the term "child" has the meaning given such term in section lOKbXD (A), (B), (C), (D), and (E) of the Immigration and Nationality Act. (c) Any alien admitted (or awaiting admission) to the United States under this section shall be eligible for benefits under chapter 2 of title IV of the Immigration and Nationality Act to the same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such Act are eligible for benefits under such chapter. (d) The Attorney General, in cooperation with the Secretary of State, shall report to Congress 1 year, 2 years, and 3 years, after the date of the enactment of this Act on the implementation of this section. Each such report shall include the number of aliens who are issued immigremt visas and who are admitted to the United States under this section and number of waivers granted under subsection (a)(2) and the reasons for granting such waivers. (e) Except aa otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section and nothing contained in this section shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

.Sinn

Reports.

NARCOTICS AGREEMENTS

SEC. 585. (a) Section 481(h)(2)(A) of the Foreign Assistance Act of 1961 is amended—

22 USC 2291.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/528

 101 STAT. 1329-185

PUBLIC LAW 100-202—DEC. 22, 1987

'

22 USC 2291 ^°^22 USC 2291 note.

(1) in clause (i), by inserting "in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States, (as described in (ii)) and," after "on its own,"; (2) by redesignating clauses (i) and (ii) as clauses (I) and (II), respectively; 1 (3) by inserting "(i)" immediately after "(2)(A)"; (4) by adding at the end thereof the following: "(ii) A bilateral narcotics agreement referred to in clause (i)(I) is an agreement between the United States and a foreign s country whereby the foreign country agrees to take specific activities including but not limited to, efforts to reduce drug production, drug consumption, and drug trafficking within its territory, including activities to address illicit crop eradication and crop substitution; drug interdiction and enforcement; drug consumption and treatment; identification of and elimination of illicit drug laboratories; identification and elimination of the trafficking of precursor chemicals for the use in production of illegal drugs; cooperation with United States drug enforcement officials; and, where applicable, participation in extradition treaties, mutual legal assistance provisions directed at money laundering, sharing of evidence, and other initiatives for cooperative drug enforcement.". (b) The amendments made by paragraph (1) shall apply with respect to any certification of the President under section 481(h)(2)(A) of the Foreign Assistance Act of 1961 made on or after March 1, 1989. (c) Beginning with certifications with respect to fiscal year 1989 and each subsequent year, a country which in the previous year was designated a major drug producing or drug-transit country may not be deemed as cooperating fully unless it has in place a bilateral narcotics agreement with the United States. SPECIAL AMBASSADORIAL COMMISSION FOR CYPRUS AND THE AEGEAN

22 USC 2373 note.

- ^•''

SEC. 586. (a) FINDINGS.—The Congress finds that— (1) the inability to achieve a just and lasting Cyprus settlement will continue to affect relations among the United States and its close NATO allies, Greece and Turkey, to the detriment of larger, mutually shared, security interests in the Eastern Mediterranean region; (2) it is of paramount importance that Cyprus, Greece, and Turkey resolve their differences through negotiations and otherwise peaceful procedures, and that the United States should support the resolution of these differences through all the diplomatic means at its disposal; (3) it is in the national interest of the United States that the President make a significant new diplomatic demarche towards bringing this dispute to a resolution; and (4) it is also in the national interest of the United States to undertake a diplomatic initiative to promote the peaceful and equitable resolution of differences between Greece and Turkey in the Aegean by fostering a renewed and sustained bilateral dialogue between those countries on such issues as: the delineation of the continental shelf, the definition of the territorial seas, air traffic control over the Aegean, NATO command and control arrangements in the Aegean, and the status of Lemnos and NATO exercises in the Aegean.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/529

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-186

(b) APPOINTMENT OF SPECIAL AMBASSADOR.—The President is au-

President of U.S.

thorized to appoint a special ambassadorial level envoy who shall be responsible for representing the United States in direct negotiations with the parties to the Cyprus dispute, for representing the United States in negotiations through international intermediaries and, generally, lending the good offices of the United States to the parties in this dispute in order to facilitate a peaceful settlement on Cyprus. As agreed to by Greece and Turkey, the special envoy shall also represent the United States in promoting mutual discussions between those countries concerning their differences on Aegean issues. The special ambassador appointed under this section shall have available the services of two deputies (one to specialize on the Cyprus question, the other on general Aegean issues) and such senior level Department of State personnel as may be required by the special ambassador in order to carry out his responsibilities. (c) REPORT.—Not later than June 1, 1988, the President shall President of U.S. submit a report to the Congress describing in detail the activities being undertaken by the special ambassador, the progress being made toward achievement of a peaceful resolution of the Cyprus dispute, an assessment of the obstacles to achievement of such a resolution and of the future role of the United States in acheiving a settlement on Cyprus, and an assessment of the progress being made toward resolution of issues affecting the Aegean region. (d) FUNDING.—Up to $500,000 of the funds appropriated under any heading of this Act which are allocated for Greece and up to $500,000 of the funds appropriated under any heading of this Act which are allocated for Turkey, may be used by the Department of State for any administrative costs associated with the activities of the special ambassador and supporting personnel, including transportation, salaries and per diem. DETENTION OF CHILDREN

"I

SEC. 587. It is the sense of the Congress that the practice of detaining children without charge or trial is unjust, inhumane, and is an affront to civilized principles. The Congress further believes that it should be the policy of the United States to make the ending of the practice of detaining children without charge or trial a matter of the highest priority. Therefore, the Congress believes the Secretary of State should convey to all international organizations that ending the practice of detaining children without charge or trial should be a policy of the highest priority for those organizations. TRAINING ASSISTANCE FOR ARGENTINA AND BRAZIL SEC.

588. (a) EXEMPTION FROM CERTAIN PROHIBITIONS.—Section

638 of the Foreign Assistance Act of 1961 is amended— 22 USC 2398. (1) by inserting "(a)" before "No"; and (2) by adding at the end the following: "(b) No provision of this Act or any other provision of law shall be construed to prohibit assistance for any training activity which is funded under this Act for Brazil or Argentina as long as such country continues to have a democractically elected government and the assistance is otherwise consistent with sections 116, 502B, 620(0, 620A, and 660 of this Act.".

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/530

 101 STAT. 1329-187 22 USC 2398 note.

PUBLIC LAW 100-202—DEC. 22, 1987

(b) EFFECTIVE DATE.—The amendment made by subsection (a)(2) does not apply with respect to funds appropriated prior to the date of enactment of this Act. PROHIBITION ON MILITARY ASSISTANCE TO MOZAMBIQUE

SEC. 589. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available pursuant to this Act may be used to provide military assistance to Mozambique. RESTRICTIONS ON ASSISTANCE TO MOZAMBIQUE President of U.S. Reports.

Department of Housing and Urban Development— Independent Agencies Appropriations Act, 1988.

SEC. 590. Notwithstanding any other provision of law or this Act, none of the funds appropriated or otherwise made available by this Act may be made available to the Government of Mozambique unless the President reports to Congress on the extent to which: (1) the Government of Mozambique has entered into a dialogue with the Catholic Church regarding the return of church property; (2) the Government of Mozambique has taken steps to assure against future expropriation of private property without due process and just compensation; (3) the number of Soviet and Eastern bloc military and security personnel are being reduced. This Act may be cited as the "Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988". (f) Such amounts as may be necessary for programs, projects or activities provided for in the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACT Making appropriations for the Department of Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1988, and for other purposes.

TITLE I DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING PROGRAMS ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING (INCLUDING RESCISSION)

For assistance under the United States Housing Act of 1937, as amended ("the Act" herein) (42 U.S.C. 1437), not otherwise provided for, $7,887,405,000, to remain available until expended: Provided, That of the new budget authority provided herein, $130,200,000 shall be for the development or acquisition cost of public housing for Indian families; $210,923,000 shall be for the development or acquisition cost of public housing, including major reconstruction of obsolete public housing projects, other than for Indian families; $1,685,732,500 shall be for modernization of existing public housing

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/531

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-188

rejects pursuant to section 14 of the Act (42 U.S.C. 14371); 1,519,257,600 shall be for assistance for projects developed for the elderly or handicapped under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q); $200,000,000 shall be for rental rehabilitation grants pursuant to section 17(a)(l)(A) of the Act (42 U.S.C. 1437o); $848,850,000 shall be for the section 8 existing housing certificate program (42 U.S.C. 14370; $495,975,000 shall be for the section 8 moderate rehabilitation program (42 U.S.C. 1437f); and $1,167,367,650 shall be available for the housing voucher program under section 8(o) of the Act (42 U.S.C. 1437f(o)), and shall be used without regard for the limitations in section 8(o)(l) that the Secretary conduct a voucher demonstration, and in section 8(o)(4) that the l^cretary use substantially all voucher authority in connection with certain programs, but of that portion of such budget authority to be used to achieve a net increase in the number of dwelling units for assisted families, highest priority shall be given to assisting families who are involuntarily displaced, or who are or would be displaced in consequence of increeised rents, as a result of rental rehabilitation program actions: Provided further, That of the amounts of budget authority that have been provided under this head in prior appropriations Acts, reserved or obligated for the development or acquisition cost of public housing other than for Indian families, for such costs for Indian families, for modernization of existing public housing projects, for rental rehabilitation grants, and for housing development grants under section 17(a)(l)(B) of the Act (42 U.S.C. 1437o), and recaptured during fiscal year 1988 (not including amounts that become available for rescission pursuant to section 4(c)(3) of the Act), an amount equal to such recaptured amount shall be made available for the respective purpose for which such recaptured amount was last reserved or obligated, but amounts equal to all amounts of budget authority (and contract authority) reserved or obligated for programs under section 8 of the Act (42 U.S.C. 1437f), which are recaptured during fiscal year 1988 shall be rescinded: Provided further. That any part of the new and recaptured budget authority for the development or acquisition costs of public housing other than for Indian families may, in the discretion of the Secretary, based on applications submitted by public housing authorities, be used for new construction or major reconstruction of obsolete public housing projects other than for Indian families: Provided further. That new budget authority, amounts that are available for obligation as of October 1, 1987, and amounts (other than amounts to be rescinded) to which the second proviso hereof refers, shall be available until expended, except that for rental rehabilitation grants under section 17(a)(l)(A), new budget authority shall be available until September 30, 1990, and amounts equal to recaptured amounts, and amounts which are available for obligation as of October 1, 1987, shall be available for the respective time periods applicable to such recaptured amounts: Provided further. Grants. That amounts of funds for housing development grants as authorized by section 17(a)(l)(B) of the Act (42 U.S.C. 1437o) that were appropriated under this head in the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1985 (Public Law 98-371, 98 Stat. 1213-1215, amending Public Law 98-45, 97 Stat. 219-220) to become available in part during fiscal year 1984, and in part on October 1, 1984, shall remain available for obligation through September 30, 1988: Provided further, That Grants. amounts equal to recaptured amounts for housing development

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/532

 101 STAT. 1329-189

42 USC 1437o.

PUBLIC LAW 100-202—DEC. 22, 1987

grants shall be made available during 1988 on the terms specified in the sixth proviso under this head in the Department of Housing and Urban Development appropriation for 1987 (section 101(g) of Public Laws 99-500 and 99-591, 100 Stat. 1783, 1783-242, 3341, 3341-242): Provided further, That section 17(d)(4)(G) of the Act is amended by striking ' 36 months" and inserting "48 months": Provided further, That any amounts of new budget authority provided under this head in prior appropriations Acts that are recaptured or carried over from one fiscal year to another which are available for use in fiscal year 1988 and thereafter shall be available as an appropriation of funds without regard to whether such budget authority has heretofore been available as an appropriation of funds: Provided further, That any amount of contract authority provided prior to fiscal year 1976 for any purpose authorized by the Act, as in effect prior to the effective date for amendments to such 1937 Act prescribed under section 2010a) of the Housing and Community Development Act of 1974 (Public Law 93-383, 88 Stat. 633, 667) and as in effect thereafter, that is not reserved or obligated on October 1, 1987, or that is recaptured during fiscal year 1988 or thereafter, is rescinded as of October 1, 1987, or upon recapture, as the case may be: Provided further. That none of the amounts under this head that are available for obligation in 1988 shall be subject to the provisions of section 213(d) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 1439). RENTAL HOUSING ASSISTANCE (RESCISSION)

The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 of the National Housing Act (12 U.S.C. 1715z-l) is reduced in fiscal year 1988 by not more than $2,000,000 in uncommitted balances of authorizations provided for this purpose in appropriations Acts. HOUSING FOR THE ELDERLY OR HANDICAPPED FUND

In fiscal year 1988, $565,776,000 of direct loan obligations may be made under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q), utilizing the resources of the fund authorized by subsection (a)(4) of such section, in accordance with paragraph (C) of such subsection: Provided, That such commitments shall be available only to qualified nonprofit sponsors for the purpose of providing 100 per centum loans for the development of housing for the elderly or handicapped, with any cash equity or other financial commitments imposed as a condition of loan approval to be returned to the sponsor if sustaining occupancy is achieved in a reasonable period of time: Provided further. That the full amount shall be available for permanent financing (including construction financing) for housing projects for the elderly or handicapped: Provided further. That 25 percent of the direct loan authority provided herein shall be used only for the purpose of providing loans for projects for the handicapped: Provided further. That the Secretary may borrow from the Secretary of the Treasury in such amounts as are necessary to provide the loans authorized herein: Provided further. That, notwithstanding any other provision of law, the receipts and disbursements of the aforesaid fund shall be included in the totals of the

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/533

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-190

Budget of the United States Government: Provided further, That, notwithstanding section 202(a)(3) of the Housing Act of 1959, loans 12 USC I70iq made in fiscal year 1988 shall bear an interest rate which does not "ote. exceed 9.25 per centum, including the allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program: Provided further. That no direct loan authority under this head in this or any other appropriations Act shall be made available to fund HUD Project No. 023-EH273 (Milton, MA) unless the sponsor of such project identifies a site for such project, other than the site specified in the sponsor's application documents, that complies with the site standards and criteria of the Secretary. CONGREGATE SERVICES

For contracts with and payments to public housing agencies and nonprofit corporations for congregate services programs in accordance with the provisions of the Congregate Housing Services Act of 1978, $4,224,000, to remain available until September 30, 1989. PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS

For payments to public housing agencies and Indian housing authorities for operating subsidies for low-income housing projects as authorized by section 9 of the United States Housing Act of 1937 as amended (42 U.S.C. 1437g), $1,450,000,000. P U B U C HOUSING DEVELOPMENT LOAN

The Bay City, Michigan, Housing Authority is hereby forgiven with respect to any requirement to repay the Secretary of Housing and Urban Development any excess principal and accrued interest associated with a loan for public housing development awarded in 1974, under the United States Housing Act of 1937 and designated as MI 24-7, and such loan is hereby cancelled. HOUSING C O U N S E U N G ASSISTANCE

For contracts, grants, and other assistance, not otherwise provided for, for providing counseling and advice to tenants and homeowners—both current and prospective—with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and meeting the responsibilities of tenancy or homeownership, including provisions for training and for support of voluntary agencies and services as authorized by section 106(a)(l)(iii) and section 106(a)(2) of the Housing and Urban Development Act of 1968, as amended, $3,360,000. TROUBLED PROJECTS OPERATING SUBSIDY

For assistance pa3anents to owners of eligible multifamily housing projects insured, or formerly insured, under the National Housing Act, as amended, in the program of operating subsidies for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978, all uncommitted balances of excess rental charges and any collections after September 30, 1987, to remain available until September 30, 1989: Provided, That assistance payments to an owner of a multifamily housing project as-

,,,„

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/534

 101 STAT. 1329-191

PUBLIC LAW 100-202—DEC. 22, 1987

sisted, but not insured, under the National Housing Act may be made if the project owner and the mortgagee have provided or agreed to provide assistance to the project in a manner as determined by the Secretary of Housing and Urban Development. EMERGENCY SHELTER GRANTS PROGRAM

For the emergency shelter grants program, as authorized under subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77, 101 Stat. 482, 495), $8,000,000, to remain available until expended. »!-.•«» TRANSITIONAL AND SUPPORTIVE HOUSING DEMONSTRATION PROGRAM (INCLUDING TRANSFER OF FUNDS)

42 USC 11313 note.

For the transitional and supportive housing demonstration program, as authorized under subtitle C of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77, 101 Stat. 482, 498), $65,000,000 to remain available until expended: Provided, That of the foregoing amount, $750,000 shall be transferred to the Interagency Council on the Homeless for operations under title II of such Act (Public Law 100-77, 101 Stat. 482, 486): Provided further. That the provision in section 203(a)(4) of such Act that relates to employment of personnel in the regions shall not be implemented. FEDERAL HOUSING ADMINISTRATION FUND

Loans.

12 USC 1715Z-12.

For payment to cover losses, not otherwise provided for, sustained by the Special Risk Insurance Fund and General Insurance Fund as authorized by the National Housing Act, as amended (12 U.S.C. 1715Z-305) and 1735c(f)), $162,866,000, to remain available until expended. During fiscal year 1988, within the resources available, gross obligations for direct loans are authorized in such amounts as may be necessary to carry out the purposes of the National Housing Act, as amended. During fiscal year 1988, additional commitments to guarantee loans to carry out the purposes of the National Housing Act, as amended, shall not exceed a loan principal of $96,000,000,000. During fiscal year 1988, gross obligations for direct loans of not to exceed $79,272,000 are authorized for payments under section 230(a) of the National Housing Act, as amended, from the insurance fund chargeable for benefits on the mortgage covering the property to which the payments made relate, and payments in connection with such obligations are hereby approved. Section 247(c)(l) of the National Housing Act is amended by inserting before the period at the end the following: "(or, in the case of an individual who succeeds a spouse or parent in an interest in a lease of Hawaiian homelands, such lower percentage as may be established for such succession under section 209 of the Hawaiian Homes (Commission Act, 1920, or under the corresponding provision of the constitution of the State of Hawaii adopted under section 4 of the Act entitled 'An Act to provide for the admission of the State of Hawaii into the Union', approved March 18, 1959 (73 Stat. 5))". Section 247 of the National Housing Act is further amended— (1) by redesignating subsection (c) as subsection (d); and

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/535

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-192

(2) by inserting after subsection (b) the following new subsection: "(c) Notwithstanding any other provision of this Act, the insurance of a mortgage using the authority contained in this section shall be the obligation of the General Insurance Fund established in section 519. The mortgagee shall be eligible to receive the benefits of insurance as provided in section 204 with respect to mortgages insured pursuant to this section, except that (1) all references in section 204 to the Mutual Mortgage Insurance Fund or the Fund shall be construed to refer to the General Insurance Fund; and (2) all references in section 204 to section 203 shall be construed to refer to the section under which the mortgage is insured.". NONPROFIT SPONSOR ASSISTANCE

During fiscal year 1988, within the resources and authority available, gross obligations for the principal amounts of direct loans shall not exceed $960,000. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION GUARANTEES OF MORTGAGE-BACKED SECURITIES

During fiscal year 1988, new commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721g), shall not exceed $144,000,000,000 of loan principal. SOLAR ENERGY AND ENERGY CONSERVATION BANK ASSISTANCE FOR SOLAR AND CONSERVATION IMPROVEMENTS

For financial assistance and other expenses, not otherwise provided for, to carry out the provisions of the Solar Energy and Energy Conservation Bank Act of 1980 (12 U.S.C. 3601), $1,500,000, to remain available until September 30, 1989: Provided, That the funds appropriated under this heading in the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1985 (Public Law 98-371) shall remain available until September 30, 1988: Provided further, That all funds recaptured from prior year appropriations under this heading shall be reallocated to eligible financial institutions. COMMUNITY PLANNING AND DEVELOPMENT COMMUNITY DEVELOPMENT GRANTS

For grants to States and units of general local government and for related expenses, not otherwise provided for, necessary for carrying out a community development grant program as authorized by title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), $2,880,000,000 to remain available until September 30, 1990: Provided, That not to exceed 20 per centum of any grant made with funds appropriated herein (other than a grant using funds set aside in the next two following provisos) shall be expended for "Planning and Management Development" and "Administration" as defined in regulations promulgated by the Department of Housing and Urban Development: Provided further.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/536

 101 STAT. 1329-193

42 USC 5302.

PUBLIC LAW 100-202—DEC. 22, 1987

That $5,000,000 shall be made available from the foregoing $2,880,000,000 to carry out a child care demonstration under section 222 of the Housing and Urban-Rural Recovery Act of 1983 (Public Law 98-181): Provided further, That $1,000,000 shall be made available from the foregoing $2,880,000,000 to carry out a neighborhood development demonstration under section 123 of the Housing and Urban-Rural Recovery Act of 1983 (Public Law 98-181). During fiscal year 1988, total commitments to guarantee loans, as authorized by section 108 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), shall not exceed $144,000,000 of contingent liability for loan principal. Section 102(a)(4) of the Housing and Community Development Act of 1974 is amended by striking out the third sentence and inserting in lieu thereof the following: "Any unit of general local government that becomes eligible to be classified as a metropolitan city, and was not classified as a metropolitan city in the immediately preceding fiscal year, may, upon submission of written notification to the Secretary, defer its classification as a metropolitan city for all purposes under this title, if it elects to have its population included in an urban county under subsection (d). Notwithstanding the second sentence of this paragraph, a city may elect not to retain its classification as a metropolitan city for fiscal year 1988 or 1989." URBAN DEVELOPMENT ACTION GRANTS

For grants to carry out urban development action grant programs authorized in section 119 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), pursuant to section 103 of that Act, $216,000,000, to remain available until September 30, 1991: Provided, That title 42, United States Code, section 5318(n)(2), is amended as follows: After the word "reservation" add the words ", or on former Indian reservations in Oklahoma as determined by the Secretary of the Interior,". REHABILITATION LOAN FUND

During fiscal year 1988, collections, unexpended balances of prior appropriations (including any recoveries of prior reservations) and any other amounts in the revolving fund established pursuant to section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), after September 30, 1987, are available and may be used for commitments for loans and operating costs and the capitalization of delinquent interest on delinquent or defaulted loans notwithstanding section 312(h) of such Act: Provided, That none of the funds in this Act may be used to sell £my loan asset that the Secretary holds as evidence of indebtedness under such section 312. URBAN HOMESTEADING

For reimbursement to the Federal Housing Administration Fund or the Rehabilitation Loan Fund for losses incurred under the urban homesteading program (12 U.S.C. 1706e), and for reimbursement to the Administrator of Veterans Affairs and the Secretary of Agriculture for properties conveyed by the Administrator of Veterans Affairs and the Secretary of Agriculture, respectively, for use in connection with an urban homesteading program approved by the Secretary of Housing and Urban Development pursuant to section

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/537

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-194

810 of the Housing and Community Development Act of 1974, as amended, $14,400,000, to remain available until expended. PoucY

DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z-l et seq.), including carrying out the functions of the Secretary under section l(a)(l)(i) of Reorganization Plan No. 2 of 1968, $16,512,000, to remain available until September 30, 1989. FAIR HOUSING AND EQUAL OPPORTUNITY FAIR HOUSING ASSISTANCE

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended, $4,800,000, to remain available until September 30, 1989. MANAGEMENT AND ADMINISTRATION SALARIES AND EXPENSES ( I N C L U D I N G TRANSFER OF FUNDS)

For necessary administrative and nonadministrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $4,000 for official reception and representation expenses, $666,251,000, of which $358,132,000 shall be provided from the various funds of the Federal Housing Administration: Provided, That during fiscal year 1988, notwithstanding any other provision of law, the Department of Housing and Urban Development shall maintain an average employment of at least 1,315 for Public and Indian Housing Programs. TITLE II INDEPENDENT AGENCIES AMERICAN BATTLE MONUMENTS COMMISSION SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries, when required by law of such countries; $12,408,000: Provided, That where station allowance has been authorized by the Department of the Army for ofticers of the Army serving the Army at certain foreign stations,

36 USC I2ib.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/538

 101 STAT. 1329-195

36 USC 122.

36 USC 122a.

PUBLIC LAW 100-202—DEC. 22, 1987

the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of such allowance: Provided further. That when traveling on business of the Commission, officers of the Armed Forces serving as members or as Secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission: Provided further. That the Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it: Provided further. That section 409 of the general provisions carried in title IV of this Act shall not apply to the funds provided under this heading: Provided further. That not more than $125,000 of the private contributions to the Korean War Memorial Fund may be used for administrative support of the Korean War Veterans Memorial Advisory Board including travel by members of the board authorized by the Commission, travel allowances to conform to those provided by Federal travel regulations. ADMINISTRATIVE PROVISION TEMPORARY INVESTMENT IN GOVERNMENT SECURITIES OF AMOUNTS CONTRIBUTED FOR THE KOREAN WAR VETERANS MEMORIAL

SECTION 1. (a) IN GENERAL.—Section 3(a) of the Act entitled "An

Act to authorize the erection of a memorial on Federal land in the District of Columbia and its environs to honor members of the Armed Forces of the United States who served in the Korean war", approved October 28, 1986 (40 U.S.C. 1003 note), is amended by adding at the end the following new paragraphs: "(2) There is established in the Treasury a fund which shall be available to the American Battle Monuments Commission for expenses of establishing the memorial. The fund shall consist of (A) amounts deposited, and interest and proceeds credited, under paragraph (3), and (B) obligations obtained under paragraph (4). "(3) The Chairman of the Commission shall deposit in the fund such amounts from private contributions as may be accepted under paragraph (1). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. "(4) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Chairman of the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman of the Commission, has a maturity suitable for the fund. "(5) If, upon payment of all expenses of establishment of the memorial as provided by law, there remains a balance in the fund, the Chairman of the Commission shall deposit the amount of the balance in the general fund of the Treasury as a miscellaneous receipt.". (b) TECHNICAL AMENDMENTS.—Section 3 of such Act is amended— (1) by striking out "SEC. 3. (a)" and inserting in lieu thereof "SEC. 3. (a)(D"; (2) in subsection (a)(D, as so redesignated by paragraph (1) of this subsection, by striking out the last sentence; and (3) by striking out subsection (c). ^

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/539

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-196

CORRECTION OF SUPERSEDED CROSS REFERENCE

SEC. 2. The second sentence of section 1 of the Act entitled "An Act to authorize the erection of a memorial on Federal land in the District of Columbia and its environs to honor members of the Armed Forces of the United States who served in the Korean war", approved October 28, 1986 (40 U.S.C. 1003 note), is amended by striking out "the provisions o f and all that follows through the end of the sentence and inserting in lieu thereof "the Act entitled 'An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes', approved November 14, 1986 (40 U.S.C. 1001 et seq.).", CLARIFICATION OF RELATED PROVISION

SEC. 3. The first sentence of section 3(a) of the Act entitled "An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes", approved November 14, 1986 (40 U.S.C. 1003(a)) is amended by striking out "Act of Congress" and inserting in lieu thereof "law". CONSUMER PRODUCT SAFETY COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18, and not to exceed $500 for official reception and representation expenses, $32,696,000: Provided, That no more than $300,000 of these funds shall be available for personnel compensation and benefits for the Commissioners of the (Consumer Product Safety Commission appointed pursuant to 15 U.S.C. 2053: Provided further. That none of these funds shall be available for conducting or reviewing cost/benefit analyses on enforcement actions of the Consumer Product Safety Commission. DEPARTMENT OF DEFENSE—CIVIL CEMETERIAL EXPENSES, ARMY SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, including the purchase of one passenger motor vehicle for replacement only, and not to exceed $1,000 for official reception and representation expenses; $8,164,00, to remain available until expended: Provided, That in addition to the foregoing appropriation, $1,000,000 of unobligated balances of funds previously appropriated to the Department of the Army, Corps of Engineers-—Civil for "Construction, general" shall, upon enactment of this Act, be transferred to and merged with the funds available under this head and such transferred funds shall remain available until expended.

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/540

 101 STAT. 1329-197

PUBLIC LAW 100-202—DEC. 22, 1987 ENVIRONMENTAL PROTECTION AGENCY

'

•

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $25,000 per project; and not to exceed $3,000 for official reception and representation expenses; $765,000,000: Provided, That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913). RESEARCH AND DEVELOPMENT

For research and development activities, $186,350,000, to remain available until September 30, 1989: Provided, That not more than $2,000,000 of these funds shall be available for replacement of laboratory equipment. ABATEMENT, CONTROL, AND COMPLIANCE

33 USC 1330.

For abatement, control, and compliance activities, $606,192,000, of which $40,000,000 shall be available for the purposes of the Asbestos School Hazards Abatement Act of 1984, as amended, including not more than $15,000,000 to defray the costs of school asbestos reinspections and management plans required by section 2 of the Asbestos Hazard Emergency Response Act of 1986 and not more than $2,400,000 for administrative expenses, with all of such funds to remain available until September 30, 1989: Provided, That school asbestos abatement loan and grant awards shall be made no later than March 1, 1988: Provided further. That none of the funds appropriated under this head shall be available to the National Oceanic and Atmospheric Administration pursuant to section 118(h)(3) of the Federal Water Pollution Control Act, as amended: Provided further. That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913), or for support to State, regional, local and interstate agencies in accordance with subtitle D of the Solid Waste Disposal Act, as amended, other than section 4008(a)(2) or 4009 (42 U.S.C. 6948, 6949): Provided further. That not more than $2,000,000 of these funds shall be available for replacement of laboratory equipment: Provided further. That section 32(KaX2XB) of the Federal Water Pollution Control Act is amended by inserting "Santa Monica Bay, California;" after "San Francisco Bay, California;". BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment for facilities of, or use by, the Environ-

�


text:
Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/141

first the good little woman maintained that she was not the little Fairy with blue hair; but seeing that she was found out, and not wishing to continue the comedy any longer, she ended by making herself known, and she said to Pinocchio:

'You little rogue! how did you ever discover who I was?'

'It was my great affection for you that told me.'

'Do you remember? You left me a child, and now that you have found me again I am a woman—a woman almost old enough to be your mamma.'

'I am delighted at that, for now, instead of calling you little sister, I will call you mamma. I have wished for such a long time to have a mamma like other boys!


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/541

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-198

mental Protection Agency, $23,500,000, to remain available until expended: Provided, That the appropriating paragraph under this head in the Department of Housing and Urban Development— Independent Agencies Appropriations Act, 1987, as made effective by section 101(g) of Public Laws 99-500 and 99-591, is amended by repealing the following: "$2,000,000 shall be for construction of a laboratory addition at the Environmental Research Center at the University of Nevada, Las Vegas, and". HAZARDOUS SUBSTANCE SUPERFUND

For necessary expenses to c a r r y out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), $1,128,000,000 to be derived from the Hazardous Substance Superfund, consisting of $888,900,000 as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and $239,100,000 as a payment from general revenues to the H a z a r d o u s Substance Superfund as authorized by section 517(b) of SARA, w i t h all of such funds to r e m a i n available u n t i l expended: Provided, That funds a p p r o p r i a t e d under t h i s account may be allocated to other Federal agencies in accordance w i t h section 111(a) of CERCLA, as amended: Provided further. That n o n e of the funds appropriated under t h i s heading shall be available for sections lllOo), (c)(D, or (c)(2) of CERCLA, a s amended: Provided further, That, notwithstanding section l l l (m) of CERCLA, as amended, or any other provision of law, not to exceed $43,000,000 of

»

! i;<*. ^

the funds appropriated under this heading shall be available to the Agency for Toxic Substances and Disease Registry to carry out activities described in sections 104(i), lll(c)(4), lll(c)(14), and 118(f) of SARA: Provided further. That no more than $182,400,000 of these funds shall be available for administrative expenses: Provided further, That title I of CERCLA, as amended by section 119 of SARA, is 42 USC 9619. amended by adding the following subparagraph to section 119(e)(2)(A): (iii) Recipients of grants (including sub-grantees) under section 126 for the training and education of workers who are or may be engaged in activities related to hazardous waste removal, containment, or emergency response under this Act; and": Provided further. That section 126(d)(3) of SARA is amended by adding a new 29 USC 655 note. sentence at the end thereof as follows: "The certification procedures shall be no less comprehensive than those adopted by the Environmental Protection Agency in its Model Accreditation Plan for Asbestos Abatement Training as required under the Asbestos Hazard Emergency Response Act of 1986.". LEAKING UNDERGROUND STORAGE TANK TRUST FUND

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, $14,400,000, to remain available until expended: Provided, That no more thsin $4,800,000 shall be available for administrative expenses. CONSTRUCTION GRANTS

For necessary expenses to carry out title II of the Federal Water Pollution Control Act, as amended, other them sections 201(m)(l-3),

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/542

 101 STAT. 1329-199

PUBLIC LAW 100-202—DEC. 22, 1987

201(nK2), 206, 208, and 209, $2,304,000,000, to remain available until expended. ADMINISTRATIVE PROVISIONS

42 USC 7503 note,

, r;

.e.Nw

ji,. ^

None of the funds in this Act shall be available for any indemnity payment under section 15 of the Federal Insecticide, Fungicide, and Rodenticide Act. Not to exceed $25,000,000 in fees and charges is authorized to be assessed and collected by the Administrator in fiscal year 1988 for services and activities carried out pursuant to the statutes which are administered by the Environmental Protection Agency for deposit in a special fund in the U.S. Treasury which shall be available for appropriation, to remain available until expended, to carry out the Agency's activities in the programs for which the fees or charges are made. No restriction or prohibition on construction, permitting, or funding under sections 110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of the Clean Air Act shall be imposed or take effect during the period prior to August 31, 1988, by reason of (1) the failure of any nonattainment area to attain the national primary ambient air quality standard under the Clean Air Act for photochemical oxidants (ozone) or carbon monoxide (or both) by December 31, 1987, (2) the failure of any State to adopt and submit to the Administrator of the Environmental Protection Agency an implementation plan that meets the requirements of part D of title I of such Act and provides for attainment of such standards by December 31, 1987, (3) the failure of any State or designated local government to implement the applicable implementation plan, or (4) any combination of the foregoing. During such period and consistent with the preceding sentence, the issuance of a permit (including required offsets) under section 173 of such Act for the construction or modification of a source in a nonattainment area shall not be denied solely or partially by reason of the reference contained in section 171(1) of such Act to the applicable date established in section 172(a). This subsection shall not apply to any restriction or prohibition in effect under sections 110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of such Act prior to the enactment of this section. Prior to August 31, 1988, the Administrator of the Environmental Protection Agency shall evaluate air quality data and make determinations with respect to which areas throughout the nation have attained, or failed to attain, either or both of the national primary ambient air quality standards referred to in subsection (a) and shall take appropriate steps to designate those areas failing to attain either or both of such standards as nonattainment areas within the meaning of part D of title I of the Clean Air Act. Notwithstanding any other provision of law, none of the funds made available by this or any other appropriations Act shall be available to the Environmental Protection Agency prior to September 15, 1988, for the purpose of cancellation or suspension of any pesticide registration for failure of any manufacturer, formulator, registrant or user to comply with PR Notices 87-4 and 87-5 relating to labeling of such substances, nor for the purpose of enforcement actions against any user of any pesticide whose use is substantially in conformance with label instructions in existence as of August 1, 1987, related to endangered species, as cited in PR Notices 87-4 and 87-5, nor to propose or order any other revision in such labeling for the reasons cited in PR Notices 87-4 and 87-5, except that the

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/543

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-200

Agency may propose revision where there is no disagreement between the Agency and the State departments relevant to implementation in that State. EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUAUTY

For necessary expenses of the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, including not to exceed $500 for official reception and representation expenses, and hire of passenger motor vehicles, $826,000. OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, not to exceed $1,500 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $1,888,000: Provided, That the Office of Science and Technology Policy shall reimburse other agencies for not less than one-half of the personnel compensation costs of individuals detailed to it. FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER R E U E F

For necessary expenses in carrying out the functions of the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), $120,000,000, to remain available until expended. SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including hire and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness; transportation in connection with the continuity of Government program to the same extent and in the same manner as permitted the Secretary of a Military Department under 10 U.S.C. 2632; and not to exceed $1,500 for official reception and representation expenses, $125,841,000. E M E R G E N C Y MANAGEMENT PLANNING AND ASSISTANCE

For necessary expenses, not otherwise provided for, to carry out activities under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 et seq.), the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/544

 101 STAT. 1329-201

PUBLIC LAW 100-202—DEC. 22, 1987

1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), section 103 of the National Security Act (50 U.S.C. 404), and Reorganization Plan No. 3 of 1978, $272,496,000. NATIONAL FLOOD INSURANCE FUND (TRANSFERS OF FUNDS)

Of the funds available from the National Flood Insurance Fund for activities under the National Flood Insurance Act of 1968, and the Flood Disaster Protection Act of 1973, $9,496,000 shall, upon enactment of this Act, be transferred to the "Salaries and expenses" appropriation for administrative costs of the insurance and flood plain management programs and $43,392,000 shall, upon enactment of this Act, be transferred to the "Emergency management planning and assistance" appropriation for flood plain management activities, including $4,531,000 for expenses under section 1362 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4103, 4127), which amount shall be available until September 30, 1989. In fiscal year 1988, no funds in excess of (1) $38,000,000 for operating expenses, (2) $137,765,000 for agents' commissions and taxes, and (3) $2,537,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund without prior notice to the Committees on Appropriations. EMERGENCY FOOD AND SHELTER PROGRAM

There is hereby appropriated $114,000,000 to the Federal Emergency Management Agency to carry out an emergency food and shelter program pursuant to title III of Public Law 100-77: Provided, That total administrative costs shall not exceed three and one-half per centum of the total appropriation. GENERAL SERVICES ADMINISTRATION f ^ r '

•

'

-

•

•

•

-

•

•

•

,. " '

•

.

•

CONSUMER INFORMATION CENTER

For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,279,000, to be deposited into the Consumer Information Center Fund: Provided, That the appropriations, revenues and collections deposited into the fund shall be available for necessary expenses of Consumer Information Center activities in the aggregate amount of $5,140,000. Administrative expenses of the Consumer Information Center in fiscal year 1988 shall not exceed $1,652,000. Appropriations, revenues and collections accruing to this fund during fiscal year 1988 in excess of $5,140,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriations Acts.
 * • i » /

�


text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/545

 PUBLIC LAW 100-202—DEC. 22, 1987

101 STAT. 1329-202

DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF CONSUMER AFFAIRS

For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,670,000. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RESEARCH AND DEVELOPMENT

For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; purchase, hire, maintenance, and operation of other them administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration; $3,374,200,000, to remain available until September 30, 1989, of which $100,000,000 shall be derived by transfer from funds appropriated in section 101(g) of Public Law 99-591 for orbiter production: Provided, That of the funds made available by this Act, $225,000,000 is for space station only, which amount shall not become available for obligation until June 1, 1988, and pursuant to section 202 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change. SPACE FUGHT, CONTROL AND DATA COMMUNICATIONS

For necessary expenses, not otherwise provided for; in support of space flight, spacecraft control and communications activities of the National Aeronautics and Space Administration, including operations, production, services, minor construction, maintenance, repair, rehabilitation, and modification of real and personal property; tracking and data relay satellite services as authorized by law; purchase, hire, maintenance and operation of other than administrative aircraft; $3,908,309,000, to remain available until September 30, 1989, including not to exceed $28,000,000 for expendable launch vehicles which shall be available only for the purchase of two Delta II vehicles for the launch of the Roentgen satellite (ROSAT) and the Extreme Ultraviolet Explorer (EUVE). CONSTRUCTION OF FACILITIES

For construction, repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise provided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $178,272,000, to remain available until September 30, 1990: Provided, That, notwithstanding the limitation on the availability of funds appropriated under this heading by this appropriations Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of

91-194 O - 90 - 18: QL.3 Part 2

,Sa:^^.:tln<ili

�