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 PUBLIC LAW 99-73—JULY 29, 1985

99 STAT. 173

(b)(1) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new item: "Director, National Bureau of Standards, Department of Commerce.". (2) Section 5316 of title 5, United States Code, is amended by striking out "Director, National Bureau of Standards, Department of Commerce.". (c) The amendments made by this section shall be effective Octo- Effective date. b e r 1, 1985.

5 USC 5315 note. STRUCTURAL FAILURES

SEC. 7. The National Bureau of Standards, on its own initiative but only after consultation with local authorities, may initiate and conduct investigations to determine the causes of structural failures in structures which are used or occupied by the general public. No part of any report resulting from such investigation shall be admitted as evidence or used in any suit or action for damages arising out of any matter mentioned in such report. SCIENTIFIC POSITIONS

SEC. 8. In order to maintain a highly qualified scientific staff at the National Bureau of Standards, a goal of 20 positions is established for the Senior Scientists Program at the National Bureau of Standards. OFFICE OF PRODUCTIVITY, TECHNOLOGY, AND INNOVATION

SEC. 9, In addition to the sums authorized in the preceding provisions of this Act, there is authorized to be appropriated to the Secretary for fiscal year 1986 the sum of $2,715,000 for the activities of the Office of Productivity, Technology, and Innovation. NATIONAL TECHNICAL INFORMATION SERVICE

SEC. 10. In addition to the sums authorized in the preceding provisions of this Act, there is authorized to be appropriated to the Secretary for fiscal year 1986 the sum of $537,000 for the patent licensing activities of the National Technical Information Service. AVAILABILITY OF APPROPRIATIONS

SEC. 11. Appropriations made under authority provided in this Act shall remain available for obligation, for expenditure, or for obligation and expenditure for such periods as may be specified in the Acts making such appropriations. COST REDUCTION REPORT

SEC. 12. Within 90 days after the enactment of this Act, the Director of the National Bureau of Standards shall review the recommendations of the President's Private Sector Survey on Cost Control and such other recommendations as may be included in the Office of Management and Budget report entitled "Management of the United States Government—1986', and shall submit a report to

15 USC 28ia.

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 99 STAT. 174

PUBLIC LAW 99-73—JULY 29, 1985

^

the Speaker of the House of Representatives, the President of the Senate, and the appropriate committees of the House and Senate on the implementation status of each such recommendation which affects the National Bureau of Standards and which is within the authority and control of the Director. Approved July 29, 1985.

LEGISLATIVE HISTORY—H.R. 1617 (S. 796): HOUSE REPORTS: No. 99-43 (Comm. on Science and Technology) and No. 99-187 (Comm. of Conference). SENATE REPORT No. 99-31 accompanying S. 796 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 131 (1985): Apr. 18, considered and passed House. Apr. 23, considered and passed Senate, amended, in lieu of S. 796. July 15, House and Senate agreed to conference report.

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 PUBLIC LAW 99-74—JULY 29, 1985

99 STAT. 175

Public Law 99-74 99th Congress Joint Resolution To designate the week of July 25, 1985, through July 31, 1985, as "National Disability in Entertainment Week".

Whereas the thirty six million people with disabilities in our Nation still face attitudinal barriers that prevent the full exercise of their civil liberties; Whereas the entertainment industry is a powerful educational tool that has a significant impact on the images the Nation perceives; Whereas the entertainment industry has been making strides in increasing both the quantity and quality of the portrayals and employment of people with disabilities in the media; Whereas the continued involvement of the entertainment industry is vital to changing the stereotypes of people with disabilities; Whereas the entertainment industry, the Federal Government, and the Nation should recognize the great potential for contribution from those with disabilities: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of July 25, 1985, through July 31, 1985, is designated as "National Disability in Entertainment Week" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved July 29, 1985.

LEGISLATIVE HISTORY—S.J. Res. 86: CONGRESSIONAL RECORD, Vol. 131 (1985): July 8, considered and passed Senate. July 24, considered and passed House.

July 29, 1985 [S.j. Res. 86]

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 99 STAT. 176

PUBLIC LAW 99-75—JULY 29, 1985 Public Law 99-75 99th Congress Joint Resolution

July 29, 1985 [S.J. Res. 144]

To authorize the printing and binding of a revised edition of Senate Procedure and providing the same shall be subject to copyright by the author.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That there shall be printed for the use of the Senate one thousand five hundred copies of a revised edition of Senate Procedure to be styled "Riddick's Senate Procedure", to be prepared by the Parliamentarian of the Senate and printed for distribution to the Members of the Senate. SEC. 2. That notwithstanding any provision of the cop3rright laws and regulations with respect to publications in the public domain, such revised edition of "Riddick's Senate Procedure" shall be subject to copyright by the author thereof. Approved July 29, 1985.

LEGISLATIVE HISTORY—S.J. Res. 144: CONGRESSIONAL RECORD, Vol. 131 (1985): May 24, considered and passed Senate. July 16, considered and passed House.

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 PUBLIC LAW 99-76—JULY 31, 1985

99 STAT. 177

Public Law 99-76 99th Congress Joint Resolution Designating August 1985 as "Polish American Heritage Month".

Whereas since the first immigration of Polish settlers to Jamestown in the 17th Century, Poles and Americans of Polish descent have distinguished themselves by contributing to the development of the United States of America in the arts, sciences, government, military service, athletics, and education; Whereas Kazimierz Pulaski, Tadeusz Kosciuszko, and other sons of Poland came to our shores to fight in the American War of Independence and to give their lives and fortunes for the creation of the United States; Whereas the Polish Constitution of May 3, 1791, was directly modeled after the Constitution of the United States, is recognized as the second written constitution in history, and is revered by Poles and Americans of Polish descent; Whereas Americans of Polish descent and Americans sympathetic to the struggle of the Polish nation to regain its freedom remain committed to a free and independent Polish nation; Whereas Poles and Americans of Polish descent take great pride in and honor Poland's greatest son. His Holiness Pope John Paul II; Whereas Poles and Americans of Polish descent take great pride in and honor Nobel Peace laureate Lech Walesa, the founder of the Solidarity Labor Federation; Whereas the Solidarity Labor Federation was founded in August 1980 and is continuing its struggle against oppression by the Polish Government; and Whereas the Polish American Congress is observing its forty-first anniversary this year and is celebrating August 1985 as Polish American Heritage Month: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That August 1985 is designated as "Polish American Heritage Month". The President is requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved July 31, 1985.

LEGISLATIVE HISTORY—H.J. Res. 106: CONGRESSIONAL RECORD, Vol. 131 (1985): July 11, considered and passed House. July 19, considered and passed Senate.

July 31, 1985 [H.J. Res. 106]

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 99 STAT. 178

PUBLIC LAW 99-77—AUG. 2, 1985 Public Law 99-77 99th Congress Joint Resolution

Aug. 2, 1985 [S.J. Res. 57]

To designate the week of October 20, 1985, through October 26, 1985, as "Lupus Awareness Week".

Whereas Lupus Erythematosus is a disease of unknown cause that affects over five-hundred thousand people in the United States, 90 percent of whom are women in their childbearing years; Whereas Lupus Erythematosus, though not a rare disease, is unfamiliar even to some physicians which may result in the disease being misdiagnosed or diagnosed too late; Whereas Lupus Er)i;hematosus in the most severe form can be fatal; Whereas The Lupus Foundation of America, Inc., its constituent chapters, and other voluntary health organizations are established throughout the United States to serve and support victims of lupus and their families, encourage funding for research, and increase public awareness; and Whereas the public and the Federal Government are not sufficiently aware of the incidence of Lupus Erythematosus: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of October 20, 1985, through October 26, 1985, is designated as "Lupus Awareness Week" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved August 2, 1985.

LEGISLATIVE HISTORY—S.J. Res. 57: CONGRESSIONAL RECORD, Vol. 131 (1985): May 15, considered and passed Senate. July 24, considered and passed House.

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 PUBLIC LAW 99-78—AUG. 2, 1985

99 STAT. 179

Public Law 99-78 99th Congress Joint Resolution To designate August 4, 1985, as "Freedom of the Press Day".

Whereas, August 4, 1985, marks the two hundred and fiftieth Anniversary of the court decision exonerating John Peter Zenger, a newspaper pubhsher charged with sedition for printing reports detailing official corruption in the colonial government of New York; Whereas, the defense of John Peter Zenger centered on the right of people to be truthfully informed about events affecting their lives; Whereas, the Zenger decision is honored as the first full expression in this land of the need for a free press, and the substantial role an unfettered press can and should play in the interaction of government and the public; Whereas, the dedication of our Founding Fathers to freedom of the press was codified in the first amendment to the Constitution of the United States; Whereas, a free press is vital and elemental to the maintenance of an informed public capable of expressing reasoned opinions on the great issues confronting a nation; and Whereas, it is important for the people who have benefited from unprecedented liberties and freedoms to reiterate their deepest commitment to the principles which have distinguished our national experience: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That August 4, 1985, is hereby designated "Freedom of the Press Day", and the President of the United States is authorized and requested to issue a proclamation calling upon all public officials and the people of the United States to observe such day with appropriate ceremonies and activities, including the display of the flag of the United States at all appropriate places. Approved August 2, 1985.

LEGISLATIVE HISTORY—H.J. Res. 164: CONGRESSIONAL RECORD, Vol. 131 (1985): July 11, considered and passed House. July 26, considered and passed Senate.

Aug. 2, 1985 ~rfn~R Tfi41~

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 99 STAT. 180

PUBLIC LAW 99-79—AUG. 2, 1985 Public Law 99-79 99th Congress Joint Resolution

Aug. 2, 1985 [S.J. Res. 180]

Commemorating the tenth anniversary of the signing of the Helsinki Final Act.

Whereas, on August 1, 1975, the United States joined thirty-four other nations, including the Soviet Union and other Warsaw Pact states, as signatories to the Final Act of the Conference on Security and Cooperation in Europe, known as the Helsinki Final Act, and Whereas, the Final Act is a balanced document incorporating provisions concerning human rights and fundamental freedoms, military security, cooperation in the fields of economic, scientific, cultural and educational affairs, free flow of information, and humanitarian affairs, and Whereas, the Helsinki process has evolved into the primary tool of East-West human rights diplomacy and continues to serve as a beacon of hope to victims of oppression in the Soviet Union and Eastern Europe, and Whereas, the United States, our NATO Allies and a number of neutral and nonaligned countries have documented and protested many serious violations of the human rights and human contacts provisions of the Final Act by the Soviet Union and other Warsaw Pact states, and Whereas, the Soviet Union displays contempt for basic civil and political rights, such as freedom of thought, conscience, religion and belief; confines in prisons, labor camps and psychiatric institutions or internally exiles hundreds of citizens who have sought to know and act upon their rights, among them thirtyseven imprisoned members of Helsinki monitoring groups, and Whereas, the Soviet Union callously disregards its pledge to facilitate human contacts and has drastically reduced the numbers of Soviet citizens permitted to emigrate; has consistently denied exit permission to Soviet citizens married to United States citizens and to other individuals who have claims to United States citizenship; and deliberately impedes the East-West flow of information by jamming Western radio broadcasts, and Whereas, disregard for human rights also is evident in the other Warsaw Pact states of Eastern Europe, and Whereas, inter alia, Bulgaria maintains virtually total control over the life of its people and recently has engaged in a campaign of forcible assimilation aimed at the Turkish minority population; Czechoslovakia harshly represses independent social, political, religious, minority and cultural expression and persecutes members of Charter '77 and VONS (Committee for the Defense of the Unjustly Persecuted); The German Democratic Republic enforces

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 PUBLIC LAW 99-79—AUG. 2, 1985

99 STAT. 181

a restrictive emigration policy; Hungary continually harjasses citizens who publish or possess unofficial material; Poland outlaws the Solidarity Union, harasses and prosecutes Solidarity and human rights advocates and currently imprisons over two hundred persons for exercising their human and workers' rights; Romania maintains a repressive internal regime and seriously violates the freedoms of conscience, expression and association, as well as religious liberty and minority rights, and Whereas, meetings of Helsinki signatoiy states present impoirtant opportunities for Western democracies to call the Soviet Union and its allies to account for these human rights violations, and Whereas, at the recent Ottawa Human Rights Experts Meeting of Helsinki signatory states. East Bloc human rights violations were raised and deplored by United States Ambassador Richard Schifter and by other Western and Neutral envoys on behjilf of their respective states, and Whereas, United States Secretary of State George P. Shultz will lead the United States Delegation to the tenth anniveirsary commemoration of the signing of the Final Act: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That— Human rights. (1) the Congress strongly reaffirms the human rights principles and humanitarian provisions of the Helsinki Final Act and the Madrid Concluding Document; (2) the Congress recognizes and condemns continued East Bloc violations of international obligations under the United Nations Charter, the Universal Declaration on Human Rights, the Hel- 59 Stat. I03i. sinki Final Act, the Madrid Concluding Document, and other relevant international instruments; (3) the Congress requests that the President of the United States direct the United States Department of State to convey to the Soviet Union and its allies the United States deep and abiding human rights concerns; (4) the Congress urges the President to direct the United States Department of State to take full advantage of the opportunities provided by all upcoming meetings of Helsinki signatory states to call the Soviet Union and its allies to account for ongoing human rights violations and to work constructively

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 99 STAT. 182

PUBLIC LAW 99-79—AUG. 2, 1985 with the governments of the other Western democracies to promote human rights progress in the Eastern signatory states; and (5) the Congress calls upon the President to use every opportunity to stress the inherent link—explicitly stated in the Helsinki Final Act and the Madrid Concluding Document—between respect for human rights and the achievement of lasting peace. Approved August 2, 1985.

LEGISLATIVE HISTORY—S.J. Res. 180: CONGRESSIONAL RECORD, Vol. 131 (1985): July 29, considered and passed Senate. July 30, considered and passed House.

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 PUBLIC LAW 99-80—AUG. 5, 1985

99 STAT. 183

Public Law 99-80 99th Congress An Act To amend section 504 of title 5, United States Code, and section 2412 of title 28, United States Code, with respect to awards of expenses of certain agency and court proceedings, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AMENDMENTS TO SECTION 504 OF TITLE 5. (a) AWARDING OP FEES IN ADVERSARY ADJUDICATIONS.— (1) DETERMINATION OF "SUBSTANTIALLY JUSTIFIED".—Subsec-

tion (a)(l) of section 504 of title 5, United States Code, is amended by adding at the end thereof the following: "Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought.". (2) CLARIFYING AMENDMENT.—Subsection (a)(1) of such section is amended by striking out "as a party to the proceeding". (3) DECISION OF AGENCY TO BE FINAL ADMINISTRATIVE DECI-

SION.—Subsection (a)(3) of such section is amended by adding at the end thereof the following: "The decision of the agency on the application for fees and other expenses shall be the final administrative decision under this section.". fl^) DETERMINATION OF FEES DELAYED IN CASE OF APPEAL.—Sub&BC-

tion (a)(2) of section 504 of title 5, United States Code, is amended by adding at the end thereof the following: "When the United Stales app|eals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.", (c) DEFINITIONS.—

(1) PARTY.—Paragraph (I)(B) of section 504(b) of title 5, United States Code, is amended to read as follows: "(B) 'party' means a party, as defined in section 551(3) of this title, who is (i) an individual whose net worth did not exceed $2,000,000 at the time the adversary adjudication was initiat(}d, or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the adversary adjudication was initiated, and which had not more than 500 employees at the time the adversary adjudication was initiated; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may

^ug 5 19^5 ' ' [H.R. 2378]

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 99 STAT. 184

PUBLIC LAW 99-80—AUG. 5, 1985 be a party regardless of the net worth of such organization or cooperative association;". (2) ADVERSARY ADJUDICATION.—Paragraph (I)(C) of such section is amended— (A) by inserting "(i)" before "an adjudication under"; (B) by inserting before the semicolon at the end thereof the following: ", and (ii) any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607)^'; and (C)by striking out "and" at the end thereof. (3) POSITION OP THE AGENCY.—Paragraph (1) of such section is amended— (A) by striking out the period a t the end of subparagraph (D) and inserting in lieu thereof "; and"; and (B) by adding at the end thereof the following: "(E) 'position of the agency' means, in addition to the position taken by the agency in the adversary adjudication, the action or failure to act by the agency upon which the adversary adjudication is based; except that fees and other expenses may not be awarded to a party for any portion of the adversary adjudication in which the party has unreasonably protracted the proceedings.". (d) APPEALS OF FEE DETERMINATIONS.—Subsection (c)(2) of section

504 of title 5, United States Code, is amended to read as follows: "(2) If a party other than the United States is dissatisfied with a determination of fees and other expenses made under subsection (a), that party may, within 30 days after the determination is made, appeal the determination to the court of the United States having jurisdiction to review the merits of the underlying decision of the agency adversary adjudication. The court's determination on any appeal heard under this paragraph shall be based solely on the factual record made before the agency. The court may modify the determination of fees and other expenses only if the court finds that the failure to make an award of fees and other expenses, or the calculation of the amount of the award, was unsupported by substantial evidence.". (e) AWARDS PAID FROM AGENCY FUNDS.—Subsection (d) of section

504 of title 5, United States Code, is amended to read as follows: "(d) Fees and other expenses awarded under this subsection shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise.". SEC. 2. AMENDMENTS TO SECTION 2412 OF TITLE 28.

(a) CLARIFYING AMENDMENTS.—Section 2412 of title 28, United States Code, (relating to costs and fees) is amended— (1) in subsections (a) and (b) by striking out "or any agency and any official of the United States" each place it appears and inserting in lieu thereof "or any agency or any official of the United States"; and (2) in subsection (d)(l)(A) by inserting ", including proceedings for judicial review of agency action," after "in tort)'. Q}) DETERMINATION

OF "SUBSTANTIALLY

JUSTIFIED".-Section

2412(d)(l)(B) of title 28, United States Code, is amended by adding a t the end thereof the following: "Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or

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 PUBLIC LAW 99-80—AUG. 5, 1985

99 STAT. 185

failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.". (c) DEFINITIONS.—

(1) Subparagraph (B) of section 2412(d)(2) of title 28, United States Code, is amended— (A) in clause (i) by striking out "$1,000,000" and inseiting in Keu thereof "$2,000,000"; and (B) by striking out "(ii)" and all that follows through, the end of the subparagraph and inserting in lieu thereof the following: "or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 195^1 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party r^ardless of the net worth of such organization or cooperative association;". (2) ADDITIONAL DEFiNiTiONS.Subsection (d)(2) of such section is amended— (A) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a semicolon; and (B) by adding at the end thereof the following: "(D) 'position of the United States' means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agenQr upon which the civil action is based; except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has imreasonably protracted the proceedings; "(E) 'civil action brought by or against the United Stsites' includes an appeal by a party, other than the United Stsites, from a decision of a contracting officer rendered pursuant to a disputes clause in a contract with the Government or pursuant to the (Contract Disputes Act of 1978; 4i use 601 note. "(F) 'court' includes the United States Claims Court; "(G) 'final judgment' means a judgment that is final and not appealable, and includes an order of settlement; and "(H) 'prevailing party', in the case of eminent domain proceedings, means a party who obtains a final judgment (other than by settlement), exclusive of interest, the amount of which is at least as close to the highest valuation of the prop<3rty involved that is attested to at trial on behalf of the prop<3rty owner as it is to the highest valuation of the property involved that is attested to at trial on behalf of the Government.". (d) PAYMENT OF AWARDS.—Paragraph (4) of section 2412(d) of title 28, United States Code, is amended to read as follows: "(4) Fees and other expenses awarded under this subsection to a party shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise.". (e) INTEREST.—Section 2412 of title 28, United States Code, is amended by adding at the end thereof the following:

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 99 STAT. 186

28 USC 1961.

PUBLIC LAW 99-80—AUG. 5, 1985 "(f) If the United States appeeils an award of costs or fees and other expenses made against the United States under this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award as affirmed. Such interest shall be computed at the rate determined under section 1961(a) of this title, and shall run from the date of the award through the day before the date of the mandate of affirmance.". SEC. 3. AWARDS IN CERTAIN SOCIAL SECURITY PROCEEDINGS.

28 USC 2412 note.

Ante, p. 184.

Section 206 of the Equal Access to Justice Act is amended— (1) by striking out Nothing" and inserting in lieu thereof "(a) Except as provided in subsection (b), nothing^*; and (2) by adding at the end thereof the following: "(b) Section 206(b) of the Social Security Act (42 U.S.C. 406(b)(l)) shall not prevent an award of fees and other expenses under section 2412(d) of title 28, United States Code. Section 206(b)(2) of the Social Security Act shall not apply with respect to any such award but onlv if, where the claimant's attorney receives fees for the same work under both section 206(b) of that Act and section 2412(d) of title 28, United States Code, the claimant's attorney refunds to the claimant the amount of the smaller fee.". SEC. 4. REPEAL OF LIMITATION ON PAYMENT OF AWARDS.

5 USC 504 note.

Section 207 of the Equal Access to Justice Act (P.L. 96-481) is hereby repealed. SEC. 5. AWARDS FOR CERTAIN FEES AND OTHER EXPENSES.

5 USC 504 note.

Section 208 of the Eiqual Access to Justice Act is amended by adding at the end thereof the following: "Awards may be made for fees and other expenses incurred before October 1, 1981, in any such adversary adjudication or civil action.".

5 USC prec. 500, SEC. 6. TREATMENT OF EXPIRED PROVISIONS OF LAW. 504 and note; 28 (a) REVIVAL OP CERTAIN EXPIRED PROVISIONS.—Section 504 of title u s e 2412 and 5, United States Code, and the item relating to that section in the note. Effective date. table of sections of chapter 5 of title 5, United States Code, and 5 USC 500 et seq. subsection (d) of section 2412 of title 28, United States (Ilode, shall be Infra.

effective on or after the date of the enactment of this Act as if they had not been repealed by sections 203(c) and 204(c) of the Equal Access to Justice Act. O) REPEALS.— t)

5 USC 504. 28 USC 2412 note. 5 USC 504 note.

(1) Section 203(c) of the Equal Access to Justice Act is hereby repealed. (2) Section 204(c) of the Equal Access to Justice Act is hereby repealed.

SEC. 7. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this section, the amendments made by this Act shall apply to cases pending on or commenced on or after the date of the enactment of this Act. (b) APPLICABILITY OF AMENDMENTS TO CERTAIN PRIOR CASES.—The

Effective date. Ante, p. 184.

amendments made by this Act shall apply to any case commenced on or after October 1, 1984, and finally disposed of before the date of the enactment of this Act, except that in any such case, the 30-day period referred to in section 504(a)(2) of title 5, United States Code, or section 2412(d)(l)(B) of title 28, United States Code, as the case may be, shall be deemed to commence on the date of the enactment of this Act.

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 PUBLIC LAW 99-80—AUG. 5, 1985 (c) APPLICABILTTY OF AMENDMENTS TO PRIOR BOARD OF CONTRAITTS APPEALS CASES.—Section 504(b)(l)(C)(ii) of title 5, United States

Code, as added by section l(c)(2) of this Act, and section 2412(d)(2)(E) of title 28, United States Code, as added by section 2(c)(2) of this Act, shall apply to any adversary adjudication pending on or commenced on or after October 1, 1981, in which applications for fees and other expenses were timely filed and were dismissed for lack of jurisdiction. Approved August 5, 1985.

LEGISLATIVE HISTORY—H.R. 2378 (S. 1487): HOUSE REPORTS: No. 99-120 and Pt. 2 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 131 (1985): June 24, considered and passed House. July 24, S. 1487 considered and passed Senate; H.R. 2378 considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 32 (1985): Aug. 5, Presidential statement.

99 STAT. 187

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 99 STAT. 188

PUBLIC LAW 99-81—AUG. 6, 1985 Public Law 99-81 99th Congress Joint Resolution

Aug. 6, 1985 [S.J. Res. 161]

Human rights.

To appeal for the release of Soviet Jewry.

Whereas President Reagan recently stated that "Soviet Jewry suffers from persecution, intimidation, and imprisonment within Soviet borders"; Whereas President Reagan stated further that "We will never relinquish our hope for their freedom and we will never cease to work for it," and that "If the Soviet Union truly wants peace, truly wants friendship, then let them release Anatoly Scharansky and free Soviet Jewry.": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That, in support of the President's position, the Congress calls on the Soviet Union, as an initial gesture— (1) to release immediately Anatoly Scharansky, Yosef Begun, and all other Prisoners of Conscience, and allow them to leave the Soviet Union; (2) to issue immediately exit permits to the many known long term "Refuseniks" such as Ida Nudel and Vladimir Slepak; and (3) to allow those thousands of Jews who wish to emigrate to join their relatives abroad, or to be repatriated to their historic homeland, to leave this year and pledge that such CEises shall be dealt with expeditiously and in a humanitarian way during the next three years, thus enabling those who have requested exit permits to leave. Approved August 6, 1985.

LEGISLATIVE HISTORY—S.J. Res. 161: CONGRESSIONAL RECORD, Vol. 131 (1985): July 18, considered and passed Senate. July 25, considered and passed House.

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 PUBLIC LAW 99-82—AUG. 7, 1985

99 STAT. 189

Public Law 99-82 99th Congress Joint Resolution Designating August 13, 1985, as "National Neighborhood Crime Watch Day".

Whereas neighborhood crime is of continuing concern to the American people; Whereas the fight against neighborhood crime requires people to work together in cooperation with law enforcement officials; Whereas neighborhood crime watch organizations are effective at promoting awareness about, and the participation of volunteers in, crime prevention activities at the local level; and Whereas citizens across America will soon take part in a "National Night Out", a unique crime prevention event which will demonstrate the importance and effectiveness of community participation in crime prevention efforts by having people spend the period from 8 to 9 o'clock postmeridian on August 13, 1985, with their neighbors in front of their homes: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That August 13, 1985, is designated as "National Neighborhood Crime Watch Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate programs, ceremonies, and activities. Approved August 7, 1985.

LEXilSLATIVE HISTORY—S.J. Res. 168: CONGRESSIONAL RECORD, Vol. 131 (1985): July 26, considered and passed Senate. Aug. 1, considered and passed House.

^—' [S.J. Res. 168]

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 99 STAT. 190

PUBLIC LAW 99-83—AUG. 8, 1985

Public Law 99-83 99th Congress An Act Aug. 8, 1985 [S. 960] International Security and Development Cooperation Act of 1985. 22 USC 2151 note.

To authorize international development and security assistance programs and Peace Corps programs for fiscal years 1986 and 1987, and for other purposes.

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

(a) SHORT TITLE.—This Act may be cited as the "International Security and Development Cooperation Act of 1985". (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I—MILITARY ASSISTANCE AND SALES AND RELATED PROGRAMS Sec. 101. Foreign military sales credits. Sec. 102. Terms of foreign military sales credits. Sec. 103. Military sissistance. Sec. 104. International military education and training. Sec. 105. Peacekeeping operations. Sec. 106. Guaranty Reserve Fund. Sec. 107. Valuation of certain defense articles. Sec. 108. Full costing of FMS sales of training. Sec. 109. Administrative surcharge. Sec. 110. Contract administration services. Sec. 111. Catalog data and services. Sec. 112. Reports on cash flow financing. Sec. 113. Report on international volume of arms traffic. Sec. 114. Security assistance surveys. Sec. 115. North Atlantic Treaty Organization cooperative projects. Sec. 116. Exchange of training and related support. Sec. 117. Quarterly reports on United States military advisors abroad. Sec. 118. Sensitive technology. Sec. 119. Increase in criminal penalties for certain violations of the Arms Export Control Act. Sec. 120. Official reception and representation expenses. Sec. 121. Special Defense Acquisition Fund. Sec. 122. Leasing authority. Sec. 123. Military assistance costs; waiver of net proceeds for sale of MAP items. Sec. 124. Stockpiling of defense articles for foreign countries. Sec. 125. Security assistance organizations. Sec. 126. Exchange training. Sec. 127. Training in maritime skills. Sec. 128. Special waiver authority. Sec. 129. Conventional arms transfers. Sec. 130. Foreign military sales for Jordan. Sec. 131. Certification concerning AW ACS sold to Saudi Arabia. Sec. 132. Cooperative agreements on air defense in Central Europe. TITLE II—ECONOMIC SUPPORT FUND Purposes and uses of ESF;^uthorizations of appropriations. Assistance for the Middle East. Assistance for Cyprus. Assistance for Portugal. Acquisition of agricultural commodities under commodity programs. Sec. 206. Tied aid credit program. Sec. 207. Restriction on use of funds for nuclear facilities

Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205.

import

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 PUBLIC LAW 99-83—AUG. 8, 1985 Sec. 208. Fiscal year 1985 supplemental authorization. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305. 306. 307.

Sec. 308. Sec. 309. Sec. 310. Sec. 311. Sec. Sec. Sec. Sec.

312. 313. 314. 315.

TITLE III—DEVELOPMENT ASSISTANCE Development assistance policy. Agriculture, rural development, and nutrition. Population and health. Child Survival Fund. Promotion of immunization and oral rehydration. Education and human resources development. Energy, private voluntary organizations, and selected development activities. Private Sector Revolving Fund. Private and voluntary organizations and cooperatives in overseas development. Promotion of democratic cooperatives. Use of private and voluntary organizations, cooperatives, and the private sector. Targeted assistance. Housing and other guaranty programs. Trade credit insurance program. Minority set-aside.

TITLE IV—OTHER FOREIGN ASSISTANCE PROGRAMS Sec. 401. American schools and hospitals abroad. Sec. 402. Voluntary contributions to international organizations and programs. Sec. 403. Withholding of United States proportionate share for certain programs of international organizations. Sec. 404. International disaster assistance. Sec. 405. Trade and development program. Sec. 406. Operating expenses. TITLE V—INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY Part A—International Terrorism Generally Sec. 501. Anti-terrorism assistance program. Sec. 502. Coordination of all United States anti-terrorism assistance to foreign countries. Sec. 503. Prohibition on assistance to countries supporting international terrorism. Sec. 504. Prohibition on imports from and exports to Libya. Sec. 505. Ban on importing goods and services from countries supporting terrorism. Sec. 506. International anti-terrorism committee. Sec. 507. International terrorism control treaty. Sec. 508. State terrorism. Sec. Sec. Sec. Sec. Sec.

551. 552. 553. 554. 555.

Sec. 556. Sec. 557. Sec. 558. Sec. 559.

Part B—Foreign Airport Security Security standards for foreign air transportation. Travel advisory and suspension of foreign assistance. United States airmarshal program. Enforcement of International Civil Aviation Organization standards. International civil aviation boycott of countries supporting international terrorism. Multilateral and bilateral agreements with respect to aircraft sabotage, aircraft hijacking, and airport security. Research on airport security techniques for detecting explosives. Hijacking of TWA flight 847 and other acts of terrorism. Effective date.

TITLE VI—INTERNATIONAL NARCOTICS CONTROL Short title. Authorizations for international narcotics control assistance. Development and illicit narcotics production. Reports on international narcotics control assistance. Exemption from ban on involvement of United States personnel in arrest actions in narcotics control efforts abroad. Sec. 606. Annual reports on involvement of foreign countries in illicit drug traffic. Sec. 607. Procurement of weapons to defend aircraft involved in narcotics control efforts. Sec. 608. Requirement for cost-sharing in international narcotics control assistance programs.

Sec. Sec. Sec. Sec. Sec.

601. 602. 603. 604. 605.

99 STAT. 191

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 99 STAT. 192

PUBLIC LAW 99-83—AUG. 8, 1985 Sec. 609. Prohibition on use of foreign assistance for reimbursements for drug crop eradications. Sec. 610. Assistance for Jamaica. Sec. 611. Assistance for Bolivia. Sec. 612. Assistance to Peru. Sec. 613. Reallocation of funds if conditions not met. Sec. 614. Conditions on United States contributions to the United Nations Fund for Drug Abuse Control. Sec. 615. Latin American regional narcotics control organization. Sec. 616. Greater effort by United States Armed Forces to support narcotics control efforts abroad. Sec. 617. Cuban drug trafficking. Sec. 618. Prohibition on assistance to countries which do not take adequate steps to halt drug trafficking. Sec. 619. Drug trafficking and the problem of total confidentiality of certain foreign bank accounts. Sec. Sec. Sec. Sec. Sec.

701. 702. 703. 704. 705.

Sec. Sec. Sec. Sec.

706. 707. 708. 709.

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

710. 711. 712. 713. 714. 715.

Sec. 716. Sec. 717. Sec. 718. Sec. Sec. Sec. Sec.

719. 720. 721. 722.

TITLE VII—WESTERN HEMISPHERE Central America democracy, peace, and development initiative. El Salvador. Assistance for Guatemala. Refugees in Honduras. Promoting the development of the Haitian people and providing for orderly emigration from Haiti. Military assistance for Paraguay. Assistance for Peru. Inter-American Foundation. Comprehensive reports on assistance for Latin America and the. Caribbean. Use of private and voluntary organizations. Assistance for law enforcement agencies. Administration of justice. Use of employee stock ownership plans in development efforts. International Advisory Commission for the Caribbean Region. Exemption of certain safety-related equipment from prohibition on military sales to Chile. Rural electrification. Facilitating international commerce through Mexico. Condemning human rights violations and the subversion of other governments by the Government of Cuba. Reports on foreign debt in Latin America. Economic assistance for Uruguay. Canadian exports to the United States. Nicaragua.

TITLE VIII—AFRICA Balance-of-payments support for countries in Africa. Economic support assistance for Southern Africa. Policy toward South African "homelands". Assistance for Zaire. Assistance for Tunisia. Political settlement in Sudan. Elections in Liberia. Western Sahara. Sahel development program. African Development Foundation. Repeal of Clark amendment. Failure of the Ethiopian Government to responsibly ameliorate famine conditions. Sec. 813. Assistance for the People's Republic of Mozamibque.

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

801. 802. 803. 804. 805. 806. 807. 808. 809. 810. 811. 812.

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

TITLE IX—ASIA 901. The Philippines. 902. Nuclear non-proliferation conditions on £ussistance for Pakistan. 903. Disadvants^ed children in Asia. 904. Assistance for Afghanistan. 905. Assistance for the Cambodian people. 906. Prohibition on certain assistance to the Khmer Rouge. 907. Political settlement in Sri Lanka. 908. United States policy toward the Republic of Korea.

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

1001. 1002. 1003. 1004. 1005. 1006. 1007. 1008.

Sec. Sec. Sec. Sec. Sec.

1101. 1102. 1103. 1104. 1105.

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

TITLE X—FOOD AND AGRICULTURAL ASSISTANCE International Fund for Agricultural Development. Public Law 480 title II minimums. Express authority for title II direct distribution, sale, and barter. Role of private voluntary organizations and cooperatives. Multiyear agreements with PVOs and cooperatives. Title II programming reports. Eligible commodities under section 416(b). Long-term agricultural commodity agreements with food countries.

99 STAT. 193

deficit

TITLE XI—PEACE CORPS Authorization of appropriations. Number of Peace Corps volunteers. Limitation on length of Peace Corps employment. Peace Corps National Advisory Council. Nonpartisan appointments.

TITLE XII—MISCELLANEOUS PROVISIONS RELATING TO FOREIGN ASSISTANCE 1201. Notice to Congress of use of certain authorities relating to human rights conditions. 1202. Prohibitions against assistance. 1203. Land reform programs. 1204. Suspension of assistance to countries violating U.S. export laws in order to manufacture a nuclear explosive device. 1205. Reports on economic conditions in certain countries. 1206. Egyptian-Israeli relations. 1207. Procurement of construction and engineering services. 1208. Completion of plans and cost estimates. 1209. Reprogramming notifications to Congress. 1210. Report on United States assistance to coal exporting nations. 1211. Repeal of obsolete provisions and correction of technical references.

TITLE XIII-MISCELLANEOUS PROVISIONS Sec. 1301. Effective date. Sec. 1302. Codification of policy prohibiting negotiations with the Palestine Lil»eration Organization. Sec. 1303. Commission for the Preservation of America's Heritage Abroad. Sec. 1304. Federal Coal Export Commission.

TITLE I—MILITARY ASSISTANCE AND SALES AND RELATED PROGRAMS SEC. 101. FOREIGN MILITARY SALES CREDITS.

(a) AUTHORIZATIONS OF APPROPRIATIONS.—The first sentence of section 31(a) of the Arms Export Control Act is amended to read as follows: "There are authorized to be appropriated to the President to carry out this Act $5,371,000,000 for fiscal year 1986 and $5,371,000,000 for fiscal year 1987.". (b)

22 USC 2771.

AGGREGATE CEILINGS AND EXTENDED REPAYMENT TERMS.—

Sections 31 Ob) and (c) of such Act are amended to read as follows: "(b)(1) The total amount of credits extended under section 23 of this Act shall not exceed $5,371,000,000 for fiscal year 1986 and Post, p. 195. $5,371,000,000 for fiscal year 1987. "(2) Of the aggregate amount of financing provided under this section, not more than $553,900,000 for fiscal year 1986 and not more than $553,900,000 for fiscal year 1987 may be made available at concessional rates of interest. If a country is released from its contractual liability to repay the United States Government v^^ith respect to financing provided under this section, such financing shall not be considered to be financing provided at concessional

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PUBLIC LAW 99-83—AUG. 8, 1985

Research and

rates of interest for purposes of the limitation established by this paragraph. "(c) For fiscal year 1986 and fiscal year 1987, the principal amount of credits provided under section 23 at market rates of interest with respect to Greece, the Republic of Korea, the Philippines, Portugal, Spain, Thailand, and Turkey shall (if and to the extent each country so desires) be repaid in not more than twenty years, following a grace period often years on repayment of principal.". (c) FMS FINANCING FOR ISRAEL.—(1) Of the total amount of credits extended under section 23 of the Arms Export Control Act, not less than $1,800,000,000 for fiscal year 1986 and not less than $1,800,000,000 for fiscal year 1987 shall be available only for Israel. (2) Israel shall be released from its contractual liability to repay the United States Government with respect to the credits provided pursuant to paragraph (1). (3) If the Government of Israel requests that funds be used for

development.

guch purposes—

Post, p. 195.

22 USC 2751 note. 22 USC 2311.

(A) up to $150,000,000 of the amount of credits made available for Israel pursuant to paragraph (1) for each of the fiscal years 1986 and 1987 shall be available for research and development in the United States for the Lavi program, and (B) not less than $250,000,000 of the amount of credits made available for Israel pursuant to paragraph (1) for each of the fiscal years 1986 and 1987 shall be available for the procurement in Israel of defense articles and defense services (including research and development) for the Lavi program. (d) FMS FINANCING FOR EGYPT.—(1) Of the total amount of credits extended under section 23 of the Arms Export Control Act, not less than $1,300,000,000 for fiscal year 1986 and not less than $1,300,000,000 for fiscal year 1987 shall be available only for Egypt. (2) Egypt shall be released from its contractual liability to repay the United States Government with respect to the credits extended pursuant to paragraph (1). (e) FMS FINANCING FOR GREECE.—(1) Of the total amount of credits extended under section 23 of the Arms Export Control Act, $500,000,000 for each of the fiscal years 1986 and 1987 shall be available only for Greece. (2) For each of the fiscal years 1986 and 1987, of the total amount of credits extended for Greece under section 23 of the Arms Export Control Act, Greece shall receive the same proportion of credits extended at concessional rates of interest as the proportion of credits extended at concessional rates of interest which Turkey receives out of the total amount of credits extended for Turkey under that section, and the average annual rate of interest on the credits extended for Greece at concessional rates of interest shall be comparable to the average annual rate of interest on the credits extended for Turkey at concessional rates of interests. Credits extended for Greece for each of the fiscal years 1986 and 1987 at concessional rates of interest shall not be counted toward any ceiling established by law on concessional financing under the Arms Export Control Act. (f) FMS FINANCING AND MAP FOR TURKEY.— For each of the fiscal years 1986 and 1987, the aggregate total of financing under the Arms Export Control Act and assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 provided for Turkey may not exceed $714,280,000. Of this amount, up to $215,000,000 may be used for assistance under chapter 2 of part II of the Foreign Assistance

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 99 STAT. 195

PUBLIC LAW 99-83—AUG. 8, 1985 Act of 1961, with the understanding that the United States Government is acting with urgency and determination to oppose any actions aimed at effecting a permanent bifurcation of Cyprus. SEC. 102. TERMS OF FOREIGN MILITARY SALES CREDITS.

Section 23 of the Arms Export Control Act is amended to read as 22 USC 2763. follows: "SEC. 23. CREDIT SALES.—(a) The President is authorized to finance President of U.S. the procurement of defense articles, defense services, and design and construction services by friendly foreign countries and international organizations, on such terms and conditions as he may determine consistent with the requirements of this section. "(b) The President shall require repayment in United States Loans, dollars within a period not to exceed twelve years after the loan agreement with the country or international organization is signed on behalf of the United States Government, unless a longer period is specifically authorized by statute for that country or international organization. "(c)(1) The President shall charge interest under this section at such rate as he may determine, except that such rate may not be less than 5 percent per year. "(2) For purposes of financing provided under this section— "(A) the term 'concessional rate of interest' means any rate of interest which is less than market rates of interest; and "(B) the term 'market rate of interest' means any rate of interest which is equal to or greater than the current average interest rate (as of the last day of the month preceding the financing of the procurement under this section) that the United States Government pays on outstanding marketable obligations of comparable maturity. "(d) References in any law to credits extended under this section shall be deemed to include reference to participations in credits.". SEC. 103. MILITARY ASSISTANCE.

Section 504(a)(1) of the Foreign Assistance Act of 1961 is amended to read as follows: "(a)(1) There are authorized to be appropriated to the President to carry out the purposes of this chapter $805,100,000 for fiscal year 1986 and $805,100,000 for fiscal year 1987."

22 USC 2312. Appropriation authorization.

SEC. 104. INTERNATIONAL MILITARY EDUCATION AND TRAINING.

Section 542 of the Foreign Assistance Act of 1961 is amended to read as follows: "SEC. 542. AUTHORIZATIONS OF APPROPRIATIONS.—There are

22 USC 2347a.

au-

thorized to be appropriated to the President to carry out the purposes of this chapter $56,221,000 for fiscal year 1986 and $56,221,000 for fiscal year 1987." SEC. 105. PEACEKEEPING OPERATIONS.

(a) AUTHORIZATIONS.—Section 552(a) of the Foreign Assistance Act 22 USC 2348a. of 1961 is amended to read as follows: "(a) There are authorized to be appropriated to the President to carry out the purposes of this chapter, in addition to amounts otherwise available for such purposes, $37,000,000 for fiscal year 1986 and $37,000,000 for fiscal year 1987.". (b) PEACEKEEPING OPERATIONS EMERGENCIES.—(1) Section 552 of

such Act is amended—

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 99 STAT. 196

22 USC 2411.

PUBLIC LAW 99-83—AUG. 8, 1985 (A) by inserting in subsection (c) "(1)" immediately after "the President may"; (B) by inserting in subsection (c) immediately before the period at the end of the subsection "; and (2) in the event the President also determines that such unforeseen emergency requires the immediate provision of assistance under this chapter, direct the drawdown of commodities and services from the inventory and resources of any agency of the United States Government of an aggregate value not to exceed $25,000,000 in any fiscal year"; and (C) by inserting at the end thereof the following new subsection: "(d) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for commodities and services provided under subsection (c)(2).". (2) Section 652 of such Act is amended by inserting ", 552(c)(2)," immediately after "under section 506(a)". SEC. 106. GUARANTY RESERVE FUND.

Defense and national security. President of U.S.

22 USC 2151 note, 2751 note. 22 USC 2764.

22 USC 2764. 22 USC 2771.

Ante, p. 190.

(a) REPORT ON REPLENISHMENT.—For the purpose of providing

recommendations for improving the security interests of the United States and the friends and allies of the United States, the President shall prepare and transmit to the Congress within 90 days after the date of enactment of this Act a report which sets forth the history of United States foreign military sales financing under the Foreign Assistance Act of 1961 and the Arms Export Control Act. Such report shall include recommendations on replenishing the Guaranty Reserve Fund under section 24 of the Arms Export Control Act and recommendations on other matters agreed to in consultation with the chairman and ranking minority member of the Committee on Foreign Relations of the Senate and of the Committee on Foreign Affairs of the House of Representatives. (b) ADDITIONAL FUNDS FOR PAYMENT OF CLAIMS.—The second sentence of section 24(c) of the Arms Export Control Act is amended to read as follows: "Funds authorized to be appropriated by section 31(a) to carry out this Act which are allocated for credits at market rates of interest may be used to pay claims under such guarantees to the extent funds in the Guaranty Reserve Fund are inadequate for that purpose.". (c) DESIGNATION AS GUARANTY RESERVE FUND.—Such section is further amended by inserting after the first sentence the following new sentence: "That single reserve may, on and after the date of enactment of the International Security and Development Cooperation Act of 1985, be referred to as the 'Guaranty Reserve Fund'.". SEC. 107. VALUATION OF CERTAIN DEFENSE ARTICLES.

22 USC 2761.

(a) CERTAIN NAVAL VESSELS.—Section 21(a) of the Arms Export Control Act is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by inserting "(1)" immediately after "(a)"; and (3) by adding at the end thereof the following new paragraph: "(2) For purposes of subparagraph (A) of paragraph (1), the actual value of a naval vessel of 3,000 tons or less and 20 years or more of age shall be considered to be not less than the greater of the scrap

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99 STAT. 197

value or fair value (including conversion costs) of such vessel, as determined by the Secretary of Defense.". (b) CONFORMING AMENDMENT.—Section 47 of such Act is amended in paragraph (2) by inserting ", except as otherwise provided in section 21(a)," after "excess defense article".

22 USC 2794.

SEC. 108. FULL COSTING OF FMS SALES OF TRAINING.

(a) FMS SALES.—Section 21(a)(l)(C) of the Arms Export Control Act, as so redesignated by the preceding section of this Act, is amended to read as follows: "(C) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign Assistance Act of 1961, only those additional costs that are incurred by the United States Government in furnishing such assistance.'. (b) NATO STANDARDIZATION AGREEMENTS.—Section 21 of such Act is amended by inserting the following new subsection after subsection (f): "(g) The President may enter into North Atlantic Treaty Organization standardization agreements in carrying out section 814 of the Act of October 7, 1975 (Public Law 94-106), and may enter into similar agreements with Japan, Australia, and New Zealand, for the cooperative furnishing of training on bilateral or multilateral basis, if the financial principles of such agreements are based on reciprocity. Such agreements shall include reimbursement for all direct costs but may exclude reimbursement for indirect costs, administrative surcharges, and costs of billeting of trainees (except to the extent that members of the United States Armed Forces occupying comparable accommodations are charged for such accommodations by the United States). Each such agreement shall be transmitted promptly to the Speaker of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate.".

Ante, p. 196.

22 USC 2347. 22 USC 2761. Japan. ^"^*^^^i^gg^gterMO lo usc 2457.

SEC. 109. ADMINISTRATIVE SURCHARGE.

Subparagraph (A) of section 21(e)(l) of the Arms Export Control Act is amended by inserting "(excluding a pro rata share of fixed base operation costs)" immediately after "full estimated costs" SEC. 110. CONTRACT ADMINISTRATION SERVICES. Section 21(h) of the Arms Export Control Act is amendtjd by inserting "contract administration services," immediately after "inspection," in the text preceding paragraph (1). SEC. 111. CATALOG DATA AND SERVICES. Section 21(h) of the Arms Export Control Act is further (1) by inserting "(1)" immediately after "(h)','; (2) by striking out "(1)" and "(2)" and inserting in lieu thereof "(A)" and "(B)", respectively; and (3) by adding at the end thereof the following: "(2) In carrying out the objectives of this section, the President is authorized to provide cataloging date and cateloging services, without charge, to the North Atlantic Treaty Organization or to any member government of that Organization if that Organization or

22 USC 2761.

22 USC 2761.

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 99 STAT. 198

22 USC 2765.

PUBLIC LAW 99-83—AUG. 8, 1985 member government provides such data and services in accordance with an agreement on a reciprocal basis, without charge, to the United States Government.". SEC. 112. REPORTS ON CASH FLOW FINANCING. (a) ANNUAL REPORTS.—Section 25 of the Arms Export Control Act is amended in paragraph (5) of subsection (a)— (1) by inserting "(A)" immediately after "(5)"; (2) by adding "and" after the semicolon at the end of paragraph; and (3) by adding at the end of the paragraph the following new subparagraph: "(B) for each country that is proposed to be furnished credits or guaranties under this Act in the next fiscal year and that has been approved for cash flow financing (as defined in subsection (d) of this section) in excess of $100,000,000 as of October 1 of the current fiscal year— "(i) the amount of such approved cash flow financing, "(ii) a description of administrative ceilings and controls applied, and "(iii) a description of the financial resources otherwise available to such country to pay such approved cash flow financing;". (b) DEFINITION

Post, p. 205.

Supra.

22 USC 2766.

OF CASH FLOW FINANCING.—Such

section

is

amended by adding at the end thereof the following new subsection: "(d) For the purposes of subsection (a)(5)(B) of this section, the term 'cash flow financing' means the dollar amount of the difference between the total estimated price of a Letter of Offer and Acceptance or other purchase agreement that has been approved for financing under this Act or under section 503(a)(3) of the Foreign Assist£mce Act of 1961 and the amount of the financing that has been approved therefor;". SEC. 113. REPORT ON INTERNATIONAL VOLUME OF ARMS TRAFFIC. Section 25 of the Arms Export Control Act is amended— (1) in subsection (a) by striking out "No later than February 1" and inserting in lieu thereof "Except as provided in subsection (d) of this section, no later than February 1"; and (2) by adding at the end thereof the following new subsection: "(d) The information required by subsection (a)(4) of this section shall be transmitted to the Congress no later than April 1 of each year.". SEC. 114. SECURITY ASSISTANCE SURVEYS. (a) SURVEYS SUBJECT TO REQUIREMENTS.—Section 26 of the Arms Export Control Act is amended— (1) in the section caption, by striking out "DEFENSE REQUIREMENT" and inserting in lieu thereof "SECURITY ASSISTANCE"; (2) by striking out "defense requirement" each place it appears in the section and inserting in lieu thereof "security assistance"; and (3) by adding at the end of the section the following new subsection: "(d) As used in this section, the term 'security assistance surveys' means any survey or study conducted in a foreign country by United States Government personnel for the purpose of assessing the needs of that country for security assistance, and includes defense require-

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99 STAT. 199

ment surveys, site surveys, general surveys or studies, and engineering assessment surveys.'. (b) SUBMISSION OF SURVEYS TO CONGRESS.—Section 26(c) of such 22 USC 2766. Act is amended by striking out "grant that committee access to" and inserting in lieu thereof "submit to that committee copies of". SEC.

115. NORTH ATLANTIC TREATY ORGANIZATION COOPERATIVE PROJECTS.

(a) REVISION OF AUTHORITY.—Section 27 of the Arms Export Control Act is amended to read as follows: "SEC. 27. NORTH ATLANTIC TREATY ORGANIZATION COOPERATIVE PROJECTS.—(a) The President may enter into a cooperative project agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization. "(b) As used in this section— "(1) the term 'cooperative project' means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to further the objectives of standardization, rationalization, and interoperability of the armed forces of North Atlantic Treaty Organization member countries and which provides— "(A) for one or more of the other participants to share with the United States the costs of research on and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles; "(B) for concurrent production in the United States and in another member country of a defense article jointly developed in accordance with subparagraph (A); or "(C) for procurement by the United States of a defense article or defense service from another member country; and "(2) the term 'other participant' means a participant in a cooperative project other than the United States. "(c) Each agreement for a cooperative project shall provide that the United States and each of the other participants will contribute to the cooperative project its equitable share of the full cost of such cooperative project and will receive an equitable share of the results of such cooperative project. The full costs of such cooperative project shall include overhead and administrative costs. The United States and the other participants may contribute their equitable shares of the full cost of such cooperative project in funds or in defense articles or defense services needed for such cooperative project. Military assistance and financing received from the United States Government may not be used by any other participant to provide its share of the cost of such cooperative project. Such agreements shall provide that no requirement shall be imposed by a participant for worksharing or other industrial or commercial compensation in connection with such agreement that is not in accordance with such agreement. "(d) The President may enter into contracts or incur other obligations for a cooperative project on behalf of the other participants, without charge to any appropriation or contract authorization, if each of the other participants in the cooperative project agrees (1) to pay its equitable share of the contract or other obligation, and (2) to make such funds available in such amounts and at such times as may be required by the contract or other obligation and to pay any damages and costs that may accrue from the performance of or

22 USC 2767. international agreements,

Contracts,

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 99 STAT. 200

PUBLIC LAW 99-83—AUG. 8, 1985

cancellation of the contract or other obligation in advance of the time such payments, damages, or costs are due. "(e)(1) For those cooperative projects entered into on or after the Waiver. effective date of the International Security and Development CoAnte, p. 190. operation Act of 1985, the President may reduce or waive the charge or charges which would otherwise be considered appropriate under 22 USC 2761. section 21(e) of this Act in connection with sales under sections 21 22 USC 2762. and 22 of this Act when such sales are made as part of such cooperative project, if the other participants agree to reduce or waive corresponding charges. "(2) Notwithstanding provisions of section 21(e)(1)(A) and section 43(b) of this Act, administrative surcharges shall not Ibe increased on 22 USC 2792. other sales made under this Act in order to compensate for reductions or waivers of such surcharges under this section. Funds received pursuant to such other sales shall not be available to reimburse the costs incurred by the United States Government for which reduction or waiver is approved by the President under this section. "(f) Not less than 30 days before a cooperative project agreement President of U.S. is signed on behalf of the United States, the President shall transmit to the Speaker of the House of Representatives, the chairman of the Committee on Foreign Relations of the Senate, and the chairman of the Committee on Armed Services of the Senate, a numbered certification with respect to such proposed agreement, setting forth— "(1) a detailed description of the cooperative project with respect to which the certification is made; "(2) an estimate of the quantity of the defense articles expected to be produced in furtherance of such cooperative project; "(3) an estimate of the full cost of the cooperative project, with an estimate of the part of the full cost to be incurred by the United States Government for its participation in such cooperative project and an estimate of that part of the full costs to be incurred by the other participants; "(4) an estimate of the dollar value of the funds to be contributed by the United States and each of the other participants on behalf of such cooperative project; "(5) a description of the defense articles and defense services expected to be contributed by the United States and each of the other participants on behalf of such cooperative project; "(6) a statement of the foreign policy and national security benefits anticipated to be derived from such cooperative project; and "(7) to the extent known, whether it is likely that prime contracts will be awarded to particular prime contractors or that subcontracts will be awarded to particular subcontractors to comply with the proposed agreement. "(g) Section 36(b) of this Act shall not apply to sales made under Post, p. 203. section 21 or 22 of this Act and to production and exports made pursuant to cooperative projects under this section, and section 36(c) of this Act shall not apply to the issuance of licenses or other approvals under section 38 of this Act, if such sales are made, such 22 USC 2778. production and exports ensue, or such licenses or approvals are issued, as part of a cooperative project. "(h) The authority under this section is in addition to the authority under sections 21 and 22 of this Act and under any other provision of law.

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 PUBLIC LAW 99-83—AUG. 8, 1985 "(i)(l) With the approval of the Secretary of State and the Secretary of Defense, a cooperative agreement which was entered into by the United States before the effective date of the amendment to this section made by the International Security and Development Cooperation Act of 1985 and which meets the requirements of this section as so amended may be treated on and after such date as having been made under this section as so amended. "(2) Notwithstanding the amendment made to this section made by the International Security and Development Cooperation Act of 1985, projects entered into under the authority of this section before the effective date of that amendment may be carried through to conclusion in accordance with the terms of this section as in effect immediately before the effective date of that amendment.". (b) CONFORMING AMENDMENTS.—(1) Section 2(b) of such Act is amended to read as follows: "(b) Under the direction of the President, the Secretary of State (taking into account other United States activities abroad, such as military assistance, economic assistance, and the food for peace program) shall be responsible for the continuous supervision and general direction of sales, leases, financing, cooperative projects, and exports under this Act, including, but not limited to, determining— "(1) whether there will be a sale to or financing for a country and the amount thereof; "(2) whether there will be a lease to a country; "(3) whether there will be a cooperative project and the scope thereof; and "(4) whether there will be delivery or other performance under such sale, lease, cooperative project, or export, to the end that sales, financing, leases, cooperative projects, and exports will be integrated with other United States activities and to the end that the foreign policy of the United States would be best served thereby.". (2) Section 3(a) of such Act is amended— (A) in the text preceding paragraph (1), by inserting ", and no agreement shall be entered into for a cooperative project (as defined in section 27 of this Act)," after "international organization"; (B) in paragraph (2)— (i) by inserting ", or produced in a cooperative project (as defined in section 27 of this Act)," after "so furnished to it"; and (ii) by inserting "(or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in the case of a cooperative project)" after "international organization" the second place it appears; and (C) in paragraph (3), by inserting "or service" after "such article" both places it appears. (3) Section 42(e) of such Act is amended— (A) in paragraph (1), by inserting ", and each contract entered into under section 27(d) of this Act," after "of this Act"; and (B) in paragraph (3), by inserting ", or under contracts entered into under section 27(d) of this Act," after "of this Act". SEC. 116. EXCHANGE OF TRAINING AND RELATED SUPPORT.

The Arms Export Control Act is amended by inserting the following new chapter after chapter 2B:

99 STAT. 201

Ante, p. 190.

22 USC 2752.

22 USC 2753.

22 USC 2791.

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 99 STAT. 202

PUBLIC LAW 99-83—AUG. 8, 1985 "Chapter 2C—Exchange of Training and Related Support

22 USC 2770a.

"SEC. 30A. EXCHANGE OF TRAINING AND RELATED SUPPORT.—(a)

Subject to subsection (b), the President may provide training and related support to military and civilian defense personnel of a friendly foreign country or an international organization. Such training and related support shall be provided by a Secretary of a military department and may include the provision of transportation, food services, health services, and logistics and the use of facilities and equipment. "(b) Training and related support may be provided under this section only pursuant to an agreement or other arrangement providing for the provision by the recipient foreign country or international organization, on a reciprocal basis, of comparable training and related support to military and civilian personnel under the jurisdiction of the Secretary of the military department providing the training and related support under this section. Such reciprocal training and related support must be provided within a reasonable period of time (which may not be more than one year) of the provision of training and related support by the United States. To the extent that a foreign country or international organization to which training and related support is provided under this section does not provide such comparable training and related support to the United States within a reasonable period of time, that country or international organization shall be required to reimburse the United States for the full costs of the training and related support provided by the United States. "(c) Training and related support under this section shall be provided under regulations prescribed by the President. President of U.S. "(d) Not later than February 1 of each year, the President shall Report. submit to the Congress a report on the activities conducted pursuant to this section during the preceding fiscal year, including the estimated full costs of the training and related support provided by the United States to each country and international organization and the estimated value of the training and related support provided to the United States by that country or international organization.". SEC. 117. QUARTERLY REPORTS ON UNITED STATES MILITARY ADVISORS ABROAD. 22 USC 2776.

22 USC 2311, 2347, 2348, 2349aa.

Section 36(a)(7) of the Arms Export Control Act is amended to read as follows: "(7) an estimate of— "(A) the number of United States military personnel, the number of United States Government civilian personnel, and the number of United States civilian contract personnel, who were in each foreign country at the end of that quarter, and "(B) the number of members of each such category of personnel who were in each foreign country at any time during that quarter, in implementation of sales and commercial exports under this Act or of assistance under chapter 2, 5, 6, or 8 of part II of the Foreign Assistance Act of 1961, including both personnel assigned to the country and personnel temporarily in the country by detail or otherwise;".

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 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 203

SEC. 118. SENSITIVE TECHNOLOGY.

Section 36(b) of the Arms Export Control Act is amended— 22 USC 2776. (1) by inserting before the period at the end of the second sentence of paragraph (1) the following: ", and a detailed justification of the reasons necessitating the sale of such articles or services in view of the sensitivity of such technology"; and (2) by adding at the end thereof the following new paragraph: "(5)(A) If, before the delivery of any major defense article or major Commerce and defense equipment, or the furnishing of any defense service or trade. design and construction service, sold pursuant to a letter of offer President of U.S. Report. described in paragraph (1), the sensitivity of technology or the capability of the article, equipment, or service is enhanced or upgraded from the level of sensitivity or capability described in the numbered certification with respect to an offer to sell such article, equipment, or service, then, at least 45 days before the delivery of such article or equipment or the furnishing of such service, the President shall prepare and transmit to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report— "(i) describing the manner in which the technology or capability has been enhanced or upgraded and describing the significance of such enhancement or upgrade; and "(ii) setting forth a detailed justification for such enhancement or upgrade. "(B) The provisions of subparagraph (A) apply to an article or equipment delivered, or a service furnished, within ten years after the transmittal to the Congress of a numbered certification with respect to the sale of such article, equipment, or service. "(C) If the enhancement or upgrade in the sensitivity of tech- President of U.S. nology or the capability of major defense equipment, defense arti- Commerce and cles, defense services, or design and construction services described trade. in a numbered certification submitted under this subsection costs $14,000,000 or more in the case of any major defense equipment, $50,000,000 or more in the case of defense articles or defense services, or $200,000,000 or more in the case of design or construction services, then the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a new numbered certification which relates to such enhancement or upgrade and which shall be considered for purposes of this subsection as if it were a separate letter of offer to sell defense equipment, articles, or services, subject to all of the requirements, restrictions, and conditions set forth in this subsection. For purposes of this subparagraph, references in this subsection to sales shall be deemed to be references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment, articles, or services, as the case may be. "(D) For the purposes of subparagraph (A), the term 'major defense article' shall be construed to include electronic devices, which if upgraded, would enhance the mission capability of a weapons system.". SEC. 119. INCREASE IN CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THE ARMS EXPORT CONTROL ACT.

(a) CRIMINAL PENALTIES.—Section 38(c) of the Arms Export Control Act is amended by striking out "not more than $100,000 or 22 USC 2778. imprisoned not more than two years, or both" and inserting in lieu

51-194 O -

QL. 3

Parti

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 99 STAT. 204

22 USC 2778. 50 USC app. 2410. 22 USC 2778 ^°^^-

22 USC 2792.

22 USC 2761.

PUBLIC LAW 99-83—AUG. 8, 1985 thereof "for each violation not more than $1,000,000 or imprisoned not more than ten years, or both". 0?) CiviL PENALTIES.—Section 38(e) of such Act is amended by adding at the end thereof the following: "Notwithstanding section 11(c) of the Export Administration Act of 1979, the civil penalty for each violation involving controls imposed on the export of defense articles and defense services under this section may not exceed $500,000.". (c) EFFECTIVE DATE.—This section shall take effect upon the date of enactment of this Act or October 1, 1985, whichever is later. The amendments made by this section apply with respect to violations occurring after the effective date of this section. SEC. 120. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES. Section 43 of the Arms Export Control Act is amended— (1) in subsection (b) by inserting "and official reception and representation expenses" immediately after "administrative expenses"; and (2) by adding at the end thereof the following new subsection: "(c) Not more than $72,500 of the funds derived from charges for administrative services pursuant to section 21(e)(l)(A) of this Act may be used each fiscal year for official reception and representation expenses.". SEC. 121. SPECIAL DEFENSE ACQUISITION FUND. (a) CONTINUOUS ORDERS FOR CERTAIN ARTICLES AND SERVICES.—

22 USC 2795.

22 USC 2151 ^°^-

22 USC 2761, oI^TTo/-. o-ino 22 USC 2403.

Section 51(a) of the Arms Export Control Act is amended by adding at the end thereof the following new paragraph: "(3) The Fund may be used to keep on continuous order such defense articles and defense services as are assigned by the Department of Defense for integrated management by a single agency thereof for the common use of all military departments in anticipation of the transfer of similar defense articles and defense services to foreign countries and international organizations pursuant to this Act, the Foreign Assistance Act of 1961, or other law.". (b) REVOLVING FUND.—Section 510t>) of such Act is amended to read as follows: "Qod The Fund shall consist of collections from sales made under letters of offer, or transfers made under the Foreign Assistance Act of 1961, of defense articles and defense services acquired under this chapter (representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 21(a)(1) or section 22 of this Act or section 644(m) of the Foreign Assistance Act of 1961, as appropriate), together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.". SEC. 122. LEASING AUTHORITY. Section 730703)(1) of title 10, United States Code, is amended by inserting before the period at the end thereof the following: ", except that any lease or loan of such a vessel under such a law shall be made only in accordance with the provisions of chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et seq.) or chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.)".

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 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 205

SEC. 123. MILITARY ASSISTANCE COSTS; WAIVER OF NET PROCEEDS FOR SALE OF MAP ITEMS. (a) MILITARY ASSISTANCE COSTS.—Section 503(a) of the Foreign Assistance Act of 1961 is amended by adding the following sentence after paragraph (3): "Sales which are wholly paid from funds transferred under paragraph (3) shall be priced to exclude the costs of salaries of members of the Armed Forces of the United States.". (b) WAIVER OF NET PROCEEDS.—Section 505(f) of such Act is amended by adding at the end thereof the following: "In the case of items which were delivered prior to 1975, the President may waive the requirement that such net proceeds be paid to the United States Government if he determines that to do so is in the national interest of the United States.". SEC. 124. STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES. Section 51403)(2) of the Foreign Assistance Act of 1961 is amended to read as follows: "(2) The value of such additions to stockpiles in foreign countries shall not exceed $360,000,000 for fiscal year 1986 and shall not exceed $125,000,000 for fiscal year 1987.". SEC. 125. SECURITY ASSISTANCE ORGANIZATIONS. Section 515(c)(1) of the Foreign Assistance Act of 1961 is amended in the last sentence by striking out "For the fiscal year 1982 and the fiscal year 1983," and inserting in lieu thereof "Pakistan, Tunisia, El Salvador, Honduras,". SEC. 126. EXCHANGE TRAINING. Chapter 5 of part II of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 544. EXCHANGE TRAINING.—In carrying out this chapter, the President is authorized to provide for attendance of foreign military personnel at professional military education institutions in the United States (other than service academies) without charge, and without charge to funds available to carry out this chapter (notwithstanding section 632(d) of this Act), if such attendance is pursuant to an agreement providing for the exchange of students on a one-forone, reciprocal basis each fiscal year between those United States professional military education institutions and comparable institutions of foreign countries and international organizations.". SEC. 127. TRAINING IN MARITIME SKILLS. (a) AUTHORIZATION.—Chapter 5 of part II of the Foreign Assistance Act of 1961, as amended by the preceding section of this Act, is further amended by adding at the end thereof the following new section: "SEC. 545. TRAINING IN MARITIME SKILLS.—The President is encouraged to allocate a portion of the funds made available each fiscal year to carry out this chapter for use in providing education and training in maritime search and rescue, operation and maintenance of aids to navigation, port security, at-sea law enforcement, international maritime law, and general maritime skills.". Ob) EXEMPTION.—Section 660(b) of such Act is amended— (1) by striking out "or" at the end of clause (1); (2) by striking out the period at the end of clause (2) and inserting in lieu thereof "; or"; and

22 USC 2311.

22 USC 2314.

22 USC 232lh.

22 USC 232ii.

22 USC 2347c.

22 USC 2392.

22 USC 2347d.

22 USC 2420.

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 99 STAT. 206

PUBLIC LAW 99-83—AUG. 8, 1985 (3) by adding the following new clause after clause (2): "(3) with respect to assistance, including training, in maritime law enforcement and other maritime skills.". SEC. 128. SPECIAL WAIVER AUTHORITY.

22 USC 2364.

22 USC 2751 note.

eommunist aggression.

22 USC 2751 note. Union of Soviet Socialist Republics. France.

Section 614(a)(4) of the Foreign Assistance Act of 1961 is amended to read as follows: "(4)(A) The authority of this subsection may not be used in any fiscal year to authorize— "(i) more than $750,000,000 in sales to be made under the Arms Export Control Act; "(ii) the use of more than $250,000,000 of funds made available for use under this Act or the Arms Export Control Act; and "(iii) the use of more than $100,000,000 of foreign currencies accruing under this Act or any other law. "(B) If the authority of this subsection is used both to authorize a sale under the Arms Export Control Act and to authorize funds to be used under the Arms Export Control Act or under this Act with respect to the financing of that sale, then the use of the funds shall be counted against the limitation in subparagraph (A)(ii) and the portion, if any, of the sale which is not so financed shall be counted against the limitation in subparagraph (A)(i). "(C) Not more than $50,000,000 of the $250,000,000 limitation provided in subparagraph (A)(ii) may be allocated to any one country in any fiscal year unless that country is a victim of active Communist or Communist-supported aggression, and not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be allocated to any one country in any fiscal year.". SEC. 129. CONVENTIONAL ARMS TRANSFERS.

(a) NEGOTIATIONS.—At the earliest possible date, the President should, in consultation with United States allies, initiate discussions with the Soviet Union and France aimed at beginning multilateral negotiations to limit and control the transfer of conventional arms to less developed countries. (b) REPORT.—Within one year after the date of enactment of this President of U.S. Act, the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report which specifies steps being taken to fulfill the requirements of subsection (a) and which examines and analyzes United States policies concerning the export of conventional arms, especially sophisticated weapons, and possible approaches to developing multilateral limitations on conventional arms sales. This report shall examine and analyze— (1) the lessons of earlier efforts to negotiate restraints on the export of conventional arms; (2) the evolution of supplier practices and policies; (3) the evolution of recipient country attitudes regarding conventional arms transfers; (4) the effect upon regional stability and security of conventional arms transfers by the United States and its allies and the Soviet Union and its allies; (5) the relationship between arms imports and the external debt of recipient countries, the allocation of their internal resources, and their economic well-being;

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99 STAT. 207

(6) the relationship between arms exports by Western European countries and the needs of those countries to support their domestic military procurement programs; (7) the prospects for engaging the Soviet Union in serious discussions concerning arms transfers, both globally and as they relate to regional security problems; (8) possible measures by the United States and Western Eu ropean suppliers to control levels of sophisticated weapons sales, both regionally and globally; and (9) the timing and phasing of international conventional arms control negotiations. SEC. 130. FOREIGN MILITARY SALES FOR JORDAN.

(a) MIDDLE EAST PEACE.—The foreign military sales financing authorized by this Act for Jordan is provided and increased in the recognition of progress Jordan has made in the search for a just and lasting peace in the Middle East, to encourage further progress, in recognition of the continuing defense needs of Jordan, and in the expectation that Jordan will enter into direct negotiations with Israel based on United Nations Security Council Resolutions 242 and 338 in order to resolve the state of war between those two countries. (b) SENSE OF CONGRESS.—It is the sense of the Congress that no Prohibition. foreign military sales financing authorized by this Act may be used to finance the procurement by Jordan of United States advanced aircraft, new air defense weapons systems, or other new advanced military weapons systems, and no notification may be made pursuant to section 36(b) of the Arms Export Control Act with respect to a Ante, p. 203. proposed sale to Jordan of United States advanced aircraft, new air defense systems, or other new advanced military weapons systems, unless Jordan is publicly committed to the recognition of Israel and to negotiate promptly and directly with Israel under the basic tenets of United Nations Security Council Resolutions 242 and 338. (c) CERTIFICATION.—Any notification made pursuant to section 36(b) of the Arms Export Control Act with respect to a proposed sale to Jordan of United States advanced aircraft, new air defense systems, or other new advanced military weapons, shall be accompanied by a Presidential certification of Jordan's public commitment to the recognition of Israel and to negotiate promptly and directly with Israel under the basic tenets of United Nations Security Council Resolutions 242 and 338. SEC. 13L CERTIFICATION CONCERNING AWACS SOLD TO SAUDI ARABIA.

(a) THE PRESIDENT'S 1981 AWACS COMMUNICATION TO THE SENATE.—(1) The Congress finds that in his October 28, 1981, communication to the Senate concerning the proposed sale of AWACS aircraft and F-15 enhancement items to Saudi Arabia which was then being reviewed by the Congress (hereafter in this section referred to as the "1981 AWACS communication"), the President stated the following: "Transfer of the AWACS will take place... only after the Congress has received in writing a Presidential certification, containing agreements with Saudi Arabia, that the following conditions have been met: " 1. Security of Technology "A. That a detailed plan for the security of equipment, technology, information, and supporting documentation has been

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 99 STAT. 208

PUBLIC LAW 99-83—AUG. 8, 1985 agreed to by the United States and Saudi Arabia and is in place; and "B. The security provisions are no less stringent than measures employed by the U.S. for protection and control of its equipment of like kind outside the continental U.S.; and "C. The U.S. has the right of continual on-site inspection and surveillance by U.S. personnel of security arrangements for all operations during the useful life of the AW ACS. It is further provided that security arrangements will be supplemented by additional U.S. personnel if it is deemed necessary by the two parties; and "D. Saudi Arabia will not permit citizens of third nations either to perform maintenance on the AW ACS or to modify any such equipment without prior, explicit mutual consent of the two governments; and "E. Computer software, as designated by the U.S. Government, will remain the property of the USG. "2. Access to Information "That Saudi Arabia has agreed to share with the United States continuously and completely the information that it acquires from use of the AWACS. "3. Control Over Third-Country Participation "A. That Saudi Arabia has agreed not to share access to AW ACS equipment, technology, documentation, or any information developed from such equipment or technology with any nation other than the U.S. without the prior, explicit mutual consent of both governments; and "B. There are in place adequate and effective procedures requiring the screening and security clearance of citizens of Saudi Arabia and that only cleared Saudi citizens and cleared U.S. nationals will have access to AW ACS equipment, technology, or documentation, or information derived therefrom, without the prior, explicit mutual consent of the two governments. "4. AW ACS Flight Operations "That the Saudi AWACS will be operated solely within the boundaries of Saudi Arabia, except with the prior, explicit mutual consent of the two governments, and solely for defensive purposes as defined by the United States, in order to maintain security and regional stability. "5. Command Structure "That agreements as they concern organizational command and control structure for the operation of AW ACS are of such a nature to guarantee that the commitments above will be honored. "6. Regional Peace and Security "That the sale contributes directly to the stability and security of the area, enhances the atmosphere and prospects for progress toward peace, and that initiatives toward the peaceful resolution of disputes in the region have either been successfully completed or that significant progress toward that goal has been accomplished with the substantial assistance of Saudi Arabia.". (2) The Congress finds that the President also stated in the 1981 AWACS communication that should circumstances arise that might require changes in the arrangements described in that communication, "they would be made only with Congressional participation".

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