Public Law 100–201. To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas
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101 STAT. 1328 Public Law 100–201 100th Congress An Act To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas. Dec. 22, 1987[[H.R. 2325](/us/bill/100/hr/2325)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the boundaries [16 USC 157d.](/us/usc/t16/s157d) of Big Bend National Park, established by the Act of June 20, 1935 (16 U.S.C. 156), are hereby revised to include the lands and interests therein, together with all improvements thereon, within the area comprising approximately sixty-seven thousand one hundred and twenty-five acres as generally depicted on the map entitled “Harte Ranch Addition, Big Bend National Park”, numbered 155/80,044 and dated September 1987.
Such map shall be on file and Public information. available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior is authorized to acquire lands and interests therein, together with all improvements thereon, within the addition described in such map by donation, purchase with donated or appropriated funds, or exchange. Approved December 22, 1987. LEGISLATIVE HISTORY—[H.R. 2325](/us/bill/100/hr/2325): HOUSE REPORTS:
No. [100–341](/us/hrpt/100/341) (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. [100–249](/us/hrpt/100/249) (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 5, considered and passed House. Dec. 11, considered and passed Senate. Public Law 100–202: Making further continuing appropriations for the fiscal year 1988, and for other purposes. Public Law 202 Public Law 100–202 101 Stat. 1329 1987-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-06-16 100 1 public 101 STAT. 1329 *Note: For information on the printing of this law and a related Presidential memorandum, see the editorial note at the end. Public Law 100–202 100th Congress Joint Resolution Making further continuing appropriations for the fiscal year 1988, and for other purposes. Dec. 22, 1987 [[H.J. Res. 395](/us/bill/100/hjres/395)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* Sec. 1.
Because the spending levels included in this Resolution[2 USC 902 note](/us/usc/t2/s902). achieve the deficit reduction targets of the Economic Summit, sequestration is no longer necessary. Therefore:
(a)Upon the enactment of this Resolution the orders issued by the President on October 20, 1987, and November 20, 1987, pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, are hereby rescinded.
(b)Any action taken to implement the orders referred to in subsection
(a)shall be reversed, and any sequesterable resource that has been reduced or sequestered by such orders is hereby restored, revived, or released and shall be available to the same extent and for the same purpose as if the orders had not been issued. The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1988, and for other purposes, namely: 11 Copy read “(a) Such amounts”.Sec. 101.
(a)Such amounts as may be necessary for programs, projects or activities provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988 at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: ENROLLMENT ERRATA Pursuant to the provisions of section 101(n) of this joint resolution (appearing on 101 Stat. 1329–432 changes made are indicated by footnote. The words “Government“, when referring to the Government of the United States will be capitalized, “Act“, if referring to an action of the Congress of the United States, will be capitalized, “State”, when referring to a State of the United States will be capitalized, “title” and “section” will be lower case, when referring to the United States Code or a Federal law. The capitalization of the foregoing words may be changed, and not footnoted. 101 STAT. 1329–1 AN ACTDepartments of Commerce, Justice, and State, the Judiciary, and Related Agencies Department of Commerce Appropriations Act, 1988. Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1988, and for other purposes. TITLE I— DEPARTMENT OF COMMERCE General Administration salaries and expenses For expenses necessary for the general administration of the Department of Commerce, including not to exceed $2,000 for official entertainment, $39,204,000: *Provided,* That $250,000 for establishing a clearinghouse on State and local initiatives on productivity, technology and innovation shall be available subject to enactment of authorizing legislation. Bureau of the Census salaries and expenses For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $94,835,000. periodic censuses and programs For expenses necessary to collect and publish statistics for periodic censuses and programs provided for by law, $346,444,000. Economic and Statistical Analysis salaries and expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs, $32,079,000. Economic Development Administration economic development assistance programs For economic development assistance as provided by the Public Works and Economic Development Act of 1965, as amended, and Public Law 91-304, and such laws that were in effect immediately before September 30, 1982, $182,028,000 of which:
(a)$3,000,000 is for a grant to the Institute for Technology Development, Jackson, Mississippi;
(b)$2,500,000 is for a grant to the University of Bridgeport, in Bridgeport, Connecticut to assist in the construction and instrumentation of the Connecticut Technology Institute;
(c)$1,000,000 is for a grant to the city of Worcester, Massachusetts and the Worcester Business Development Corporation to assist in the construction of a biotechnology research park in Worcester, Massachusetts: *Provided,* That notwithstanding any other provision of law or regulation, including title I of the Public Works and Economic Development Act of 1965, as amended, except the following provisions; section 712 of said 101 STAT. 1329–2Act, the Secretary of Commerce is hereby directed to obligate said funds as a direct grant without any further requirement or delay upon enactment of this legislation; and
(d)$250,000 shall be obligated for the Center for International Trade Development at Oklahoma State University: *Provided,* That during fiscal year 1988 total commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal: *Provided further,* That none of the funds appropriated or otherwise made available under this heading may be used directly or indirectly for attorneys’ or consultants' fees in connection with securing grants and contracts made by the Economic Development Administration. financial and technical assistance (rescission) Of available funds under this head, $1,541,067 are rescinded. salaries and expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $24,742,000: *Provided,* That the full time permanent positions for the Economic Development Administration shall not be fewer than 360 and that the number of Deputy Assistant Secretary positions shall not be greater than four: *Provided further,* That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, as amended, title II of the Trade Act of 1974, as amended, and the Community Emergency Drought Relief Act of 1977. Notwithstanding any other provision of this Act or any other law, funds appropriated in this paragraph shall be used to fill and maintain forty-nine permanent positions designated as Economic Development Representatives out of the total number of permanent positions funded in the Salaries and Expenses account of the Economic Development Administration for fiscal year 1988, and such positions shall be maintained in the various States within the approved organizational structure in place on December 1, 1987, and when possible, with those employees who filled those positions on that date. International Trade Administration operations and administration For necessary expenses for international trade activities of the Department of Commerce, including trade promotional activities abroad without regard to the provisions of law set forth in 44 U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $253,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase of passenger 101 STAT. 1329–3motor vehicles for official use abroad and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law; $161,432,000 to remain available until expended, of which $6,791,000 is for the Office of Textiles and Apparels, including $3,360,000 for a grant to the Tailored Clothing Technology Corporation and of which $3,840,000 is for support costs for a new materials center in Ames, Iowa: *Provided,* That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) [19 USC 2171 note](/us/usc/t19/s2171).and 2458(c)) shall apply in carrying out these activities. Notwithstanding any other provision of law, upon the request of the Secretary of Commerce, the Secretary of State shall accord the diplomatic title of Minister-Counselor to the senior Commercial Officer assigned to any United States mission abroad: *Provided further,* That the number of Commercial Service officers accorded such diplomatic title at any time shall not exceed eight. Export Administration operations and administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $5,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 40105); purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law; $37,465,000, to remain available until expended: *Provided,* That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities. Minority Business Development Agency minority business development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $39,705,000, of which $25,463,000 shall remain available until expended: *Provided,* That not to exceed $14,242,000 shall be available for program management for fiscal year 1988: *Provided further,* That none of the funds appropriated in this paragraph or in this title for the Department of Commerce shall be available to reimburse the fund established by 15 U.S.C. 1521 on account of the performance of a program, project, or activity, nor 101 STAT. 1329–4shall such fund be available for the performance of a program, project, or activity, which had not been performed as a central service pursuant to 15 U.S.C. 1521 before July 1, 1982, unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such action in accordance with the Committees’ reprogramming procedures. United States Travel and Tourism Administration salaries and expenses For necessary expenses of the United States Travel and Tourism Administration including travel and tourism promotional activities abroad for travel to the United States and its possessions without regard to the provisions of law set forth in 44 U.S.C. 3702 and 3703; and including employment of American citizens and aliens by contract for services abroad; rental of space abroad for periods not exceeding five years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; advance of funds under contracts abroad; payment of tort claims in the manner authorized in the first paragraph of 28 U.S.C. 2672, when such claims arise in foreign countries; and not to exceed $8,000 for representation expenses abroad; $11,724,000. National Oceanic and Atmospheric Administration operations, research, and facilities (including transfer of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including acquisition, maintenance, operation, and hire of aircraft; 399[33 USC 851](/us/usc/t33/s851). commissioned officers on the active list; construction of facilities, including initial equipment; alteration, modernization, and relocation of facilities; and acquisition of land for facilities; $1,110,015,000, to remain available until expended; and in addition, $28,291,000 shall be derived from the Airport and Airways Trust Fund; and in addition, $44,397,000 shall be derived by transfer from the Fund entitled “Promote and Develop Fishery Products and Research Pertaining to American Fisheries”; and in addition, $15,248,000 shall be derived by transfer from the Coastal Energy Impact Fund: *Provided,* That grants to States pursuant to section 306 and section 306(a) of the Coastal Zone Management Act, as amended, shall not exceed $2,000,000 and shall not be less than $450,000: *Provided further,* That $376,000 of the funds made available under this paragraph shall be used for a semi-tropical research facility located at Key Largo, Florida: *Provided further,* That of the funds appropriated in this paragraph, necessary funds shall be used to fill and maintain a staff of three persons, as National Oceanic and Atmospheric Administration personnel, to work on contracts and purchase orders at the National Data Buoy Center in Bay St. Louis, Mississippi, and report to the Director of the National Data Buoy Center in the same manner and extent that such procurement functions were performed at Bay St. Louis prior to June 26, 1983, except that they may provide procurement assistance to other Department of Commerce 101 STAT. 1329–5activities pursuant to ordinary interagency agreements. Where practicable, these positions shall be filled by the employees who performed such functions prior to June 26,1983. No monies appropriated by this Act shall be used by the Department of Commerce prior to February 1, 1988, to initiate proceedings under section 312
(d)and
(e)of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458) against the State of California’s Coastal Management Program. Further, the Secretary of Commerce is directed to release to the California Coastal Commission the fiscal year 1987 administrative grant for operations and equipment authorized under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455). Notwithstanding the provisions of Public Law 100–71, any funds appropriated in prior Acts and unobligated for the commercialization of the Land Remote Sensing Satellite System (LANDSAT) as of the date of enactment of House Joint Resolution 395, shall be available to restore the reductions in other programs funded in “Operations, Research, and Facilities” which were made pursuant to the conference report and accompanying statement of the managers on House Joint Resolution 395, if a new contract has not been signed by April 1, 1988 for commercialization of the Land Remote Sensing Satellite System (LANDSAT): *Provided,* That such contract shall be subject to the approval of the Appropriations Committees of the Congress pursuant to the reprogramming provisions of section 608 of this Act. fisheries promotional fund Of the funds deposited in the Fisheries Promotional Fund pursuant to section 209 of the Fish and Seafood Promotion Act of 1986, $2,625,000 shall be made available as authorized by said Act, to remain available until expended, and $375,000 shall be transferred to the fund entitled “Promote and Develop Fishery Products and Research Pertaining to American Fisheries”. fishermen’s contingency fund For carrying out the provisions of title IV of Public Law 95–372, not to exceed $719,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. foreign fishing observer fund For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96–339), the Magnuson Fishery Conservation and Management Act of 1976, as amended (Public Law 94–265), and the American Fisheries Promotion Act (Public Law 96–561), there are appropriated from the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $1,919,000, to remain available until expended. Patent and Trademark Office salaries and expenses For necessary expenses of the Patent and Trademark Office, including defense of suits instituted against the Commissioner of Patents and Trademarks, $120,000,000 and, in addition, such fees as 101 STAT. 1329–6shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, to remain available until expended. National Bureau of Standards scientific and technical research and services For necessary expenses of the National Bureau of Standards, $144,783,000, to remain available until expended, of which not to exceed $4,920,000 may be transferred to the “Working Capital Fund”, and of which not to exceed $1,000,000 shall be available for construction of research facilities. National Telecommunications and Information Administration salaries and expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration, $13,814,000, of which $700,000 shall remain available until expended. public telecommunications facilities, planning and construction For grants authorized by section 392 of the Communications Act of 1934, as amended, $21,290,000, to remain available until expended: *Provided,* That not to exceed $1,200,000 shall be available for program management as authorized by section 391 of the Communications Act of 1934, as amended: *Provided further,* That notwithstanding the provisions of section 391 of the Communications Act of 1934, as amended, the prior year unobligated balances may be made available for grants for projects for which applications have been submitted and approved during any fiscal year: *Provided further,* That notwithstanding sections 391 and 392 of the Communications Act, as amended, up to $1,700,000 shall be available for the establishment and administration of the Pan-Pacific Educational and Cultural Experiments by Satellite program (PEACESAT). General Provisions—Department of Commerce Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest. Sec. 102. During the current fiscal year, appropriations to the Department of Commerce which are available for salaries and expenses shall be available for hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). Sec. 103. No funds in this title shall be used to sell to private interests, except with the consent of the borrower, or contract with private interests to sell or administer, any loans made under the 101 STAT. 1329–7Public Works and Economic Development Act of 1965 or any loans made under section 254 of the Trade Act of 1974. Sec. 104. During the current fiscal year, the National Bureau of Standards is authorized to accept contributions of funds, to remain available until expended, from any public or private source to construct a facility for cold neutron research on materials, notwithstanding the limitations contained in 15 U.S.C. 278d. Sec. 105. In procuring information processing and telecommunications services of the National Oceanic and Atmospheric Administration for the Advanced Weather Interactive Processing System, the Secretary of Commerce may provide, in the contract or contracts for such services, for the payment for contingent liability of the Federal Government which may accrue in the event that the Government decides to terminate the contract before the expiration of the multi-year contract period. Such contract or contracts for such services shall limit the payments which the Federal Government is allowed to make under such contract or contracts to amounts provided in advance in appropriation Acts. Sec. 106. [19 USC 2347 note](/us/usc/t19/s2347).Notwithstanding any other provision of law, including section 257(c) of the Trade Act of 1974, as amended, and section 203 of the Public Works and Economic Development Act of 1965, as amended, principal and interest repayments from loans, proceeds from the sale of loan assets or collateral, and other receipts arising out of transactions entered into pursuant to title II, chapter 3 of the Trade Act of 1974 shall be deposited into the economic development revolving fund established under section 203 of the Public Works and Economic Development Act of 1965 beginning October 1, 1987: *Provided,* That payments of obligations in connection with loans Karan teed under the authority of the Trade Act of 1974 or the blic Works and Economic Development Act of 1965, and any related expenses, shall be made from funds available in the economic development revolving fund: *Provided further,* That deposits to the economic development revolving fund of amounts appropriated for, or received in connection with, activities authorized under the Trade Act of 1974, made prior to October 1, 1987, shall be deemed valid deposits. Sec. 107. Notwithstanding any other provision of law, the Secretary of Commerce is authorized to negotiate and conclude an agreement to exchange properties with the necessary private and public parties for the purpose of expanding the National Oceanic and Atmospheric Administration marine facility at Pascagoula, Mississippi. Sec. 108. [15 USC 1531](/us/usc/t15/s1531).In order to maintain overseas program activity for the Department of Commerce provided for each fiscal year at the appropriated program levels, the Secretary may establish Buying Power Maintenance accounts for the International Trade Administration, the Export Administration, and the United States Travel and Tourism Administration. There are authorized to be appropriated for such accounts such sums as may be necessary to offset adverse fluctuations in foreign currency exchange rates, or unbudgeted overseas wage and price changes. To eliminate substantial gains to the approved levels of overseas operations, the Secretary shall transfer to a Buying Power Maintenance account such amounts determined to be excessive to the needs of the approved level of overseas operations because of fluctuations in foreign currency exchange rates or changes in unbudgeted overseas wages and prices, including unobligated balances associated with the overseas pro-101 STAT. 1329–8gram. To offset adverse fluctuations in foreign currency exchange rates or unbudgeted overseas wage and price changes, the Secretary may transfer from a Buying Power Maintenance account such amounts determined to be necessary to maintain the approved level of overseas operations under an appropriation account. Funds transferred by the Secretary to or from a Buying Power Maintenance account to another account shall be merged with and be available for the same purpose, and for the same time period, as the funds in the account into which transferred. Any restriction contained in an appropriation Act or other provision of law limiting the amounts available for the Department of Commerce that may be obligated or expended shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or unbudgeted overseas wage and price changes in order to maintain approved levels. This title may be cited as the “Department of Commerce Appropriation Act, 1988”. TITLE II— DEPARTMENT OF JUSTICEDepartment of Justice Appropriation Act of 1988. General Administration salaries and expenses For expenses necessary for the administration of the Department of Justice, $88,360,000. working capital fund For additional capital, not to exceed $4,000,000, to remain available until expended, to be derived from current operating income. United States Parole Commission salaries and expenses For necessary expenses of the United States Parole Commission, as authorized by law, $11,665,000. Legal Activities salaries and expenses, general legal activities For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of the Attorney General and accounted for solely on his certificate; and rent of private or Government-owned space in the District of Columbia; $237,209,000, of which not to exceed $6,000,000 for litigation support contracts shall remain available until September 30, 1989: *Provided,* That of the funds available in this appropriation, not to exceed $5,000,000 shall be available for office automation systems for the legal divisions covered by this appropriation, and for the United States Attorneys, the Antitrust Division, and offices funded through Salaries and expenses, General Administration, to remain available until expended: *Provided further,* That of the funds appropriated to the Department of Justice in this Act, not to exceed 101 STAT. 1329–9$1,000,000 may be transferred to this appropriation to pay expenses related to the activities of any Independent Counsel appointed pursuant to 28 U.S.C. 591, et seq., upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the Senate and approval under said Committees' policies concerning the [28 USC 591 note](/us/usc/t28/s591).reprogramming of funds: *Provided further,* That a permanent indefinite appropriation is established within the Department of Justice to pay all necessary expenses of investigations and prosecutions by independent counsel appointed pursuant to the provisions of 28 U.S.C. 591 et seq. or other law: *Provided further,* That the Comptroller General shall perform semi-annual financial reviews of expenditures from the Independent Counsel permanent indefinite appropriation, and report their findings to the Committees on Appropriations of the House and Senate: *Provided further,* That not to exceed $5,000,000 may be transferred to “Salaries and expenses, general legal activities” from “Fees and expenses of witnesses”: *Provided further,* That the Chief, U.S. National Central Bureau, INTERPOL, may establish and collect fees to process name checks and background records for noncriminal employment, licensing, and humanitarian purposes and, notwithstanding the provisions of 31 U.S.C. 3302, credit not more than $150,000 of such fees to this appropriation to be used for salaries and other expenses incurred in providing these services. salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust and kindred laws, $44,937,000. salaries and expenses, united states attorneys For necessary expenses of the Offices of the United States Attorneys, $380,339,000. united states trustees system fund For the necessary expenses of the United States Trustees Program, $29,370,000, for activities authorized by section 115 of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–554): *Provided,* That deposits to the Fund are available in such amounts as may be necessary to pay refunds due depositors: *Provided further,* That the Attorney General may credit to this appropriation not more than $18,000,000 of fees available pursuant to 28 U.S.C. 589(a). salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by 5 U.S.C. 3109; allowances and benefits similar to those allowed under the Foreign Service Act of 1980 as determined by the Commission; expenses of packing, shipping, and storing personal effects of personnel assigned abroad; rental or lease, for such periods as may be necessary, of office space and living quarters of personnel assigned abroad; maintenance, improvement, and repair of properties rented or leased abroad, and furnishing fuel, water, and utilities for such properties; insurance on official motor vehicles abroad; advances of funds abroad; advances or reimbursements to other 101 STAT. 1329–10Government agencies for use of their facilities and services in carrying out the functions of the Commission; hire of motor vehicles for field use only; and employment of aliens; $500,000. salaries and expenses, united states marshals service For necessary expenses of the United States Marshals Service; including acquisition, lease, maintenance, and operation of vehicles and aircraft; $183,168,000: *Provided,* That notwithstanding the provisions of title 31 U.S.C. 3302, the Director of the United States Marshals Service may collect fees and expenses for the service of civil process, including: complaints, summonses, subpoenas and similar process; and seizures, levies, and sales associated with judicial orders of execution; and credit not to exceed $1,000,000 of such fees to this appropriation to be used for salaries and other expenses incurred in providing these services. support of united states prisoners For support of United States prisoners in non-Federal institutions, $73,746,000, which shall remain available until expended; of which not to exceed $5,000,000 shall be available under the Cooperative Agreement Program for the purposes of renovating, constructing, and equipping State and local correctional facilities: *Provided,* That amounts made available for constructing any local correctional facility shall not exceed the cost of constructing space for the average Federal prisoner population to be housed in the facility, or in other facilities in the same correctional system, as projected by the Attorney General: *Provided further,* That following agreement on or completion of any federally assisted correctional facility construction, the availability of the space acquired for Federal prisoners with these Federal funds shall be assured and the per diem rate charged for housing Federal prisoners in the assured space shall not exceed operating costs for the period of time specified in the cooperative agreement. fees and expenses of witnesses For expenses, mileage, compensation, and per diems of witnesses and for per diems in lieu of subsistence, as authorized by law, including advances; $53,015,000, to remain available until expended, of which not to exceed $1,350,000 may be made available for planning, construction, renovation, maintenance, remodeling, and repair of buildings and the purchase of equipment incident thereto for protected witness safesites. salaries and expenses, community relations service For necessary expenses of the Community Relations Service, established by title X of the Civil Rights Act of 1964, $27,858,000, of which not to exceed $20,667,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements and other expenses necessary under section 501(c) of the Refugee Education Assistance Act of 1980 (Public Law 96–422; 94 Stat. 1809) for the processing, care, maintenance, security, transportation and reception and placement in the United States of Cuban and Haitian entrants: *Provided,* That notwithstanding section 501(e)(2)(B) of the Refugee Education Assistance Act of 101 STAT. 1329–111980 (Public Law 96–422; 94 Stat. 1810), funds may be expended for assistance with respect to Cuban and Haitian entrants as authorized under section 501(c) of such Act. assets forfeiture fund For expenses authorized by 28 U.S.C. 524, as amended by the Comprehensive Forfeiture Act of 1984 and the Anti-Drug Abuse Act of 1986, such sums as may be necessary to be derived from the Department of Justice Assets Forfeiture Fund: *Provided,* That not to exceed 50 per centum of total amounts available for appropriation in fiscal year 1988 from the Department of Justice Assets Forfeiture Fund shall be obligated during fiscal year 1988 for payments pursuant to section 524(c)(1) of title 28, United States Code: *Provided further,* That such limitation shall not apply to funds transferred pursuant to section 210 of this Act. Federal Bureau of Investigation salaries and expenses For expenses necessary for detection, investigation, and prosecution of crimes against the United States; including purchase for police-type use of not to exceed 2,000 passenger motor vehicles of which 1,650 will be for replacement only, without regard to the general purchase price limitation for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; $1,388,492,000, of which not to exceed $10,000,000 for automated data processing and telecommunications and $1,000,000 for undercover operations shall remain available until September 30, 1989; of which not to exceed $3,000,000 for research related to investigative activities shall remain available until expended; of which not to exceed $13,000,000 for the construction of the Engineering Research Facility shall remain available until expended; and of which not to exceed $500,000 is authorized to be made available for making payments or advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to terrorism: *Provided,* That the Director of the Federal Bureau of Investigation may establish and collect fees to process fingerprint identification records for noncriminal employment and licensing purposes, and notwithstanding the provisions of 31 U.S.C. 3302, credit such fees to this appropriation to be used for salaries and other expenses incurred in providing these services: *Provided further,* That not to exceed $45,000 shall be available for official reception and representation expenses: *Provided further,* That not to exceed $8,000,000 for the expansion and renovation of the New York field office shall remain available until expended. Drug Enforcement Administration salaries and expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a 101 STAT. 1329–12confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; purchase of not to exceed 525 passenger motor vehicles of which 489 are for replacement only for police-type use without regard to the general purchase price limitation for the current fiscal year; and acquisition, lease, maintenance, and operation of aircraft; $494,076,000, of which not to exceed $1,200,000 for research shall remain available until expended; not to exceed $1,700,000 for purchase of evidence and payments for information, not to exceed $4,000,000 for contracting for ADP and telecommunications equipment, and not to exceed $2,000,000 for technical equipment shall remain available until September 30,1989. Immigration and Naturalization Service salaries and expenses For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on his certificate; purchase for police-type use (not to exceed 1,670, of which 490 shall be for replacement only) and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and research related to immigration enforcement; $741,114,000, of which not to exceed $400,000 for research and $35,000,000 for construction shall remain available until expended: *Provided,* That none of the funds available to the Immigration and Naturalization Service shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of $25,000 except in such instances when the Commissioner makes a determination that this restriction is impossible to implement: *Provided further,* That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: *Provided further,* That none of the funds available to the Immigration and Naturalization Service shall be available to administer or implement a nationwide employer telephone verification system unless the Commissioner of Immigration and Naturalization procures such system through sealed bid or competitive proposal procedures, except that this proviso shall not affect the pilot project directed in section 101(d)(4) of the Immigration Reform and Control Act of 1986, Public Law 99–603: *Provided further,* That effective February 28, 1988, none of the funds appropriated herein shall be available to detain aliens convicted of a felony under State or Federal law at the Krome processing center unless such center has been designated a security level 3 or higher level correctional facility. Federal Prison System salaries and expenses For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 142 of which 106 are for replacement only) and hire of law enforcement and passenger motor vehicles; 101 STAT. 1329–13[42 USC 250a](/us/usc/t42/s250a).$719,814,000: *Provided,* That there may be transferred to the Health Resources and Services Administration such amounts as may be necessary, in the discretion of the Attorney General, for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: *Provided further,* That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year. national institute of corrections For carrying out the provisions of sections 4351–4353 of title 18, United States Code, which established a National Institute of Corrections, $9,590,000, to remain available until expended. buildings and facilities For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $201,676,000 to remain available until expended: *Provided, *That labor of United States prisoners may be used for work performed under this appropriation. federal prison industries, incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase of (not to exceed five for replacement only) and hire of passenger motor vehicles. limitation on administrative and vocational expenses, federal prison industries, incorporated Not to exceed $2,347,000 of the funds of the corporation shall be available for its administrative expenses, and not to exceed $7,571,000 for the expenses of vocational training of prisoners, both amounts to be available for services as authorized by 5 U.S.C. 3109, and to be computed on an accrual basis to be determined in accordance with the corporation’s prescribed accounting system in effect on July 1,1946, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which the said accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. 101 STAT. 1329–14 Office of Justice Programs justice assistance For grants, contracts, cooperative agreements, and other assistance authorized by the Justice Assistance Act of 1984, Runaway Youth and Missing Children Act Amendments of 1984, and the Missing Children Assistance Act including salaries and expenses in connection therewith, $87,383,000 to remain available until expended, of which $5,000,000 is provided for programs authorized under part E of the Justice Assistance Act of 1984, notwithstanding the provisions of section 407 of such Act, including $1,000,000 for a grant to assist in the construction of a consolidated judicial center in Owensboro, Kentucky, and including $1,025,000 for a grant to the town of Alderson, West Virginia, to assist in the expansion of the municipal water treatment system serving the Federal Correctional Institution at Alderson, West Virginia: *Provided,* That of the unobligated funds previously appropriated for the Juvenile Justice and Delinquency Prevention Act which are subject to provisions of sections 222(b), 223(d), and 228(e) of title II of such Act, $3,000,000 to remain available until expended, shall be made available for programs authorized by part E of the Justice Assistance Act of 1984, notwithstanding the provisions of section 407 of such Act. In addition, for grants as authorized by the State and Local Law Enforcement Assistance Act of 1986 (Public Law 99–570, 100 Stat. 3207–42 to 3207–48), including salaries and expenses in connection therewith, $70,000,000 to remain available until expended: *Provided further,*22 Copy read “Provided,” Federal Register, publication.That the Director, Bureau of Justice Assistance may increase the limitation, not to exceed 20 per centum, on administrative costs pursuant to 42 U.S.C. 3796n upon notification to the Director by States unable to comply with the limitation. In addition, for grants, contracts, cooperative agreements, and other assistance authorized by title II of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, including salaries and expenses in connection therewith, $66,692,000 to remain available until expended, of which not less than $3,000,000 shall be allotted under subpart II of part B of the Act to assist those States deemed not in substantial compliance with the jail removal mandate found in section 224(a)(14) of the Act. In addition, $5,000,000 for the purpose of making grants to States for their expenses by reason of Mariel Cubans having to be incarcerated in State facilities for terms requiring incarceration for the full period October 1, 1987 through September 30, 1988, following their conviction of a felony committed after having been paroled into the United States by the Attorney General: *Provided further,*22 Copy read “Provided,” That within thirty days of enactment of this Act the Attorney General shall announce in the Federal Register that this appropriation will be made available to the States whose Governors certify by February 1, 1988, a listing of names of such Mariel Cubans incarcerated in their respective facilities: *Provided further,* That the Attorney General, not later than April 1, 1988, will complete his review of the certified listings of such incarcerated Mariel Cubans, and make grants to the States on the basis that the certified number of such incarcerated persons in a State bears to the total certified number of such incarcerated persons: *Provided further,* That the amount of reimbursements per prisoner per annum shall not exceed $12,000. 101 STAT. 1329–15 General Provisions—Department of Justice Sec. 201. A total of not to exceed $75,000 from funds appropriated to the Department of Justice in this title shall be available for official reception and representation expenses in accordance with distributions, procedures, and regulations established by the Attorney General. Sec. 202. [23 USC 114 note](/us/usc/t23/s114).Notwithstanding any other provision of law, materials produced by convict labor may be used in the construction of any highways or portion of highways located on Federal-aid systems, as described in section 103 of title 23, United States Code. Sec. 203. Appropriations for “Salaries and expenses, General Administration’’, “Salaries and expenses, United States Marshals Service”, “Salaries and expenses, Federal Bureau of Investigation”, “Salaries and expenses, Drug Enforcement Administration, “Salaries and expenses, Immigration and Naturalization Service”, and “Salaries and expenses, Federal Prison System”, shall be available for uniforms and allowances therefor as authorized by law (5 U.S.C. 5901–5902). Sec. 204.
(a)Subject to subsection
(b)of this section, authorities contained in Public Law 96–132, “The Department of Justice Appropriation Authorization Act, Fiscal Year 1980”, shall remain in effect until the termination date of this Act or until the effective date of a Department of Justice Appropriation Authorization Act, whichever is earlier.
(1)With respect to any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration which is necessary for the detection and prosecution of crimes against the United States or for the collection of foreign intelligence or counterintelligence—
(A)sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration, for fiscal year 1988, may be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, without regard to section 1341 of title 31 of the United States Code, section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third undesignated paragraph under the heading “Miscellaneous” of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), section 3324 of title 31 of the United States Code, section 3741 of the Revised Statutes (41 U.S.C. 22), and subsections
(a)and
(c)of section 304 of the Federal Property and Administrative Service Act of 1949 (63 Stat. 395; 41 U.S.C. 254
(a)and (c)),
(B)sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration, for fiscal year 1988, may be used to establish or to acquire proprietary corporations or business entities as part of an undercover investigative operation, and to operate such corporations or business entities on a commercial basis, without regard to section 9102 of title 31 of the United States Code,
(C)sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration, for Fiscal year 1988, and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to section 648 of title 18 of the 101 STAT. 1329–16United States Code and section 3302 of title 31 of the United States Code, and
(D)proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to section 3302 of title 31 of the United States Code, only, in operations designed to detect and prosecute crimes against the United States, upon the written certification of the Director of the Federal Bureau of Investigation (or, if designated by the Director, a member of the Undercover Operations Review Committee established by the Attorney General in the Attorney General’s Guidelines on Federal Bureau of Investigation Undercover Operations, as in effect on July 1, 1983) or the Administrator of the Drug Enforcement Administration, as the case may be, and the Attorney General (or, with respect to Federal Bureau of Investigation undercover operations, if designated by the Attorney General, a member of such Review Committee), that any action authorized by subparagraph (A), (B), (C), or
(D)is necessary for the conduct of such undercover operation. If the undercover operation is designed to collect foreign intelligence or counterintelligence, the certification that any action authorized by subparagraph (A), (B), (C), or
(D)is necessary for the conduct of such undercover operation shall be by the Director of the Federal Bureau of Investigation (or, if designated by the Director, the Assistant Director, Intelligence Division) and the Attorney General (or, if designated by the Attorney General, the Counsel for Intelligence Policy). Such certification shall continue in effect for the duration of such undercover operation, without regard to fiscal years.
(2)As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under subparagraphs
(C)and
(D)of subsection
(a)are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts.
(3)If a corporation or business entity established or acquired as part of an undercover operation under subparagraph
(B)of paragraph
(1)with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Federal Bureau of Investigation or the Drug Enforcement Administration, as much in advance as the Director or the Administrator, or the designee of the Director or the Administrator, determines is practicable, shall report the circumstances to the Attorney General and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts.
(A)The Federal Bureau of Investigation or the Drug Enforcement[28 USC 533 note](/us/usc/t28/s533). Administration, as the case may be, shall conduct a detailed financial audit of each undercover investigative operation which is closed in fiscal year 1988—
(i)submit the results of such audit in writing to the Attorney General, and
(ii)not later than 180 days after such undercover operation isReports. closed, submit a report to the Congress concerning such audit.
(B)The Federal Bureau of Investigation and the Drug EnforcementReports. Administration shall each also submit a report annually to the Congress specifying as to their respective undercover investigative operations— 101 STAT. 1329–17
(i)the number, by programs, of undercover investigative operations pending as of the end of the one-year period for which such report is submitted,
(ii)the number, by programs, of undercover investigative operations commenced in the one-year period preceding the period for which such report is submitted, and
(iii)the number, by programs, of undercover investigative operations closed in the one-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operations, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney General’s Guidelines on Federal Bureau of Investigation Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information pertaining to—
(I)the results,
(II)any civil claims, and
(III)identification of such sensitive circumstances involved, that arose at any time during the course of such undercover operation.
(5)[28 USC 533 note](/us/usc/t28/s533).For purposes of paragraph (4)—
(A)the term “closed” refers to the earliest point in time at which—
(i)all criminal proceedings (other than appeals) are conducted, or
(ii)covert activities are concluded, whichever, occurs later,
(B)the term “employees” means employees, as defined in section 2105 of title 5 of the United States Code, of the Federal Bureau of Investigation, and
(C)the terms “undercover investigative operations” and “undercover operation” means any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration (other than a foreign counterintelligence undercover investigative operation)—
(i)in which—
(I)the gross receipts (excluding interest earned) exceed $50,000, or
(II)expenditures (other than expenditures for salaries of employees) exceed $150,000, and
(ii)which is exempt from section 3302 or 9102 of title 31 of the United States Code, except that clauses
(i)and
(ii)shall not apply with respect to the report required under subparagraph
(B)of such paragraph. Sec. 205. None of the funds appropriated or made available by this Act shall be used prior to October 1, 1988, to issue or implement any final rule in the rulemaking proceeding commenced August 8, 1986 (51 Fed. Reg. 28576–28589). Sec. 206. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape: *Provided,* That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 101 STAT. 1329–18 Sec. 207. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. Sec. 208. Nothing in the preceding section shall remove the obligation of the director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: *Provided,* That nothing in this section in any way diminishes the effect of section 207 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. Sec. 209. Notwithstanding subsections
(c)and
(d)of section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633), the Administrator of the Office of Juvenile Justice and Delinquency Prevention may not—
(1)terminate any State’s eligibility for funding under subpart I of part B of title II of such Act, or
(2)determine that the State’s plan fails to meet the requirements of such section, for fiscal year 1988 because of the failure of such State to comply with the requirements of section 223(a)(14) of such Act before such fiscal year. Sec. 210.
(a)Section 524(c)(1) of title 28 of the United States Code is amended by deleting “and” at the end of subparagraph (F), by striking out the period at the end of
(G)and inserting in lieu thereof “; and” and, by inserting the following new subparagraph: " “(H) after all reimbursements and program-related expenses have been met at the end of each fiscal year, the Attorney General may transfer deposits from the Assets Forfeiture Fund to the Building and Facilities account of the Federal prison system for the construction of correctional institutions.”. "
(b)Amounts proposed for transfer pursuant to subsection
(a)shall[28 USC 524 note](/us/usc/t28/s524). be transferred only upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the Senate and approval under said Committees’ policies concerning the reprogramming of funds. Sec. 211. Section 210(d) of the Immigration and Nationality Act[8 USC 1160](/us/usc/t8/s1160). is amended by inserting the following new paragraph: " “(3) No application fees collected by the Immigration and Naturalization Service
(INS)pursuant to section 210(d) of the Immigration and Nationality Act
(INA)may be used by the INS to offset the costs of the special agricultural worker legalization program until the INS implements the program consistent with the statutory mandate as follows: “(A) During the application period as defined in section 210(a)(1)(A) of the INA the INS may grant temporary admission to the United States, work autnorization, and provide an ‘employment authorized’33 Copy read ““employment authorized’”. endorsement or other appropriate work permit to any alien who presents a preliminary application for adjustment of status under subsection
(a)at a designated port of entry on the southern land border. An alien who does not enter through a port of entry is subject to deportation and removal as otherwise provided in the INA. “(B) During the application period as defined in section 210(a)(B)(1)(B) of the INA any alien44 Copy read “alient” who has filed an applica-101 STAT. 1329–19tion for adjustment of status within the United States as provided in section 210(b)(1)(A) pursuant to the provision of 8 CFR section 210.1(j) is subject to paragraph
(2)of this subsection. 55 Copy read “(C)”.“(C) A preliminary application is defined as a fully completed and signed application with fee and photographs which contains specific information concerning the performance of qualifying employment in the United States and the documentary evidence which the applicant intends to submit as proof of such employment. The applicant must be otherwise admissible to the United States and must establish to the satisfaction of the examining officer during an interview that his or her claim to eligibility for special agriculture worker status is credible.”. " This title may be cited as the “Department of Justice Appropriation Act, 1988”. TITLE III— DEPARTMENT OF STATEDepartment of State Appropriation Act, 1988. Administration of Foreign Affairs salaries and expenses Notwithstanding sections 110 and 122 of H.R. 1777 (the Foreign Relations Authorization Act, fiscal years 1988 and 1989)66 Copy read “1989 for”. for necessary expenses of the Department of State and the Foreign Service, not otherwise provided for, including obligations of the United States abroad pursuant to treaties, international agreements, and binational contracts (including obligations assumed in Germany on or after June 5, 1945), expenses authorized by section 9 of the Act of August 31, 1964, as amended (31 U.S.C. 3721), and section 2 of the State Department Basic Authorities Act of 1956, as amended (22 U.S.C. 2669); telecommunications; expenses necessary to provide maximum physical security in Government-owned and leased properties and vehicles abroad, including not to exceed $7,000,000 for counterterrorism research and development; permanent representation to certain international organizations in which the United States participates pursuant to treaties, conventions, or specific Acts of Congress; acquisition by exchange or purchase of vehicles as authorized by law, except that special requirement vehicles may be purchased without regard to any price limitation otherwise established by law; $1,694,000,000: *Provided,* That none of these funds shall be available for the Office of Public Diplomacy for Latin America and the Caribbean. representation allowances Notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956, for representation allowances as authorized by section 905 of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085), and for representation by United States missions to the United Nations and the Organization of American States, $4,500,000. 101 STAT. 1329–20 protection of foreign missions and officials For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services in accordance with the provisions of section 214 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4314), and to provide for the protection of foreign missions in accordance with the provisions of 3 U.S.C. 208, $9,000,000. acquisition and maintenance of buildings abroad For necessary expenses for carrying out the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292–300), $313,100,000, to remain available until expended: *Provided,* That the funds appropriated in this paragraph shall be available subject to the approval of the House and Senate Committees on Appropriations under said Committees’ policies concerning the reprogramming of funds contained in House Report 100–182: *Provided further,* That none of the funds appropriated in this paragraph shall be available for acquisition of furniture and furnishings and generators for other departments and agencies. emergencies in the diplomatic and consular service For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service pursuant to the requirement of 31 U.S.C. 3526(e), $4,000,000, to remain available until expended. payment to the american institute in taiwan Notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956, for necessary expenses to carry out the Taiwan Relations Act, Public Law 96–8 (93 Stat. 14), $11,000,000. payment to the foreign service retirement and disability fund For payment to the Foreign Service Retirement and Disability Fund, as authorized by law, $86,000,000. International Organizations and Conferences contributions to international organizations Notwithstanding section 102(a)
(1)through
(11)of H.R. 1777[22 USC 269a note](/us/usc/t22/s269a). (the Foreign Relations Authorization Act, fiscal years 1988 and 1989), for expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties, conventions, or specific Acts of Congress, $480,000,000, to remain available until expended: *Provided,* That none of the funds appropriated in this paragraph shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1,1984, through external borrowings. 101 STAT. 1329–21 contributions for international peacekeeping activities For payments, not otherwise provided for, by the United States for expenses of the United Nations peacekeeping forces, $29,400,000. international conferences and contingencies For necessary expenses authorized by section 5 of the State Department Basic Authorities Act of 1956, contributions for the United States share of general expenses of international organizations and representation to such organizations, and personal services without regard to civil service and classification laws, $6,000,000, to remain available until expended, of which not to exceed $200,000 may be expended for representation as authorized by law. International Commissions [22 USC 269a note](/us/usc/t22/s269a).For necessary expenses, not otherwise provided for, to meet note. obligations of the United States arising under treaties, conventions, or specific Acts of Congress, as follows: international boundary and water commission, united states and mexico For necessary expenses for the United States Section of the United States and Mexico International Boundary and Water Commission, and to comply with laws applicable to the United States Section; and leasing of private property to remove therefrom sand, gravel, stone, and other materials, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); as follows: salaries and expenses For salaries and expenses, not otherwise provided for, including preliminary surveys, operation and maintenance of the interceptor system to be constructed to intercept sewage flows from Tijuana and from selected canyon areas as currently planned, and the operation and maintenance upon completion of the proposed Environmental Protection Agency and Corps of Engineers pipeline and plant project to capture Tijuana sewage flows in the event of a major breakdown in Mexico’s conveyance system, $10,261,000: *Provided,* That expenditures for the Rio Grande bank protection project shall be subject to the provisions and conditions contained in the appropriation for said project as provided by the Act approved April 25, 1945 (59 Stat. 89): *Provided further,* That the Anzalduas diversion dam shall not be operated for irrigation or water supply purposes in the United States unless suitable arrangements have been made with the prospective water users for repayment to the Government of such portions of the cost of said dam as shall have been allocated to such purposes by the Secretary of State: *Provided further,* That not to exceed $500,000 of the amount appropriated in this paragraph shall be available to reimburse the city of San Diego, in the State of California, for expenses incurred in treating domestic sewage received from the city of Tijuana, in the State of Baja California, Mexico. 101 STAT. 1329–22 construction (including transfer of funds) For detailed plan preparation and construction of authorized projects, including the Rio Grande Rectification Improvement project, to remain available until expended, $3,166,000: *Provided, *That activities for the New River project may be financed from these funds or from carryover balances under the heading, “International Boundary and Water Commission, United States and Mexico, Construction”. american sections, international commissions Notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956 for necessary expenses, not otherwise provided for, including not to exceed $6,000 for representation, $4,316,000; for the International Joint Commission, including salaries and expenses of the Commissioners on the part of the United States who shall serve at the pleasure of the President; salaries of employees appointed by the Commissioners on the part of the United States with the approval solely of the Secretary of State; travel expenses and compensation of witnesses; and the International Boundary Commission, for necessary expenses, not otherwise provided for, including expenses required by awards to the Alaskan Boundary Tribunal and existing treaties between the United States and Canada or Great Britain. international fisheries commissions For necessary expenses for international fisheries commissions, not otherwise provided for, $10,548,000: *Provided,* That the United States share of such expenses may be advanced to the respective commissions. Other united states bilateral science and technology agreements For expenses, not otherwise provided for, to enable the United States to participate in programs of scientific and technological cooperation with Yugoslavia, $1,900,000, to remain available until expended. payment to the asia foundation For a grant to the Asia Foundation, $13,700,000, to remain available until expended. soviet-east european research and training For expenses not otherwise provided to enable the Secretary of State to reimburse private firms and American institutions of higher education for research contracts and graduate training for development and maintenance of knowledge about the Soviet Union and Eastern European countries, $4,600,000. 101 STAT. 1329–23 fishermen’s guaranty fund For expenses necessary to carry out the provisions of section 7 of the Fishermen’s Protective Act of 1967, as amended, $1,725,000 to be derived from the receipts collected pursuant to that Act, to remain available until expended. fishermen’s protective fund For expenses necessary to carry out the provisions of the Fishermen’s Protective Act of 1967, as amended, $959,000, to remain available until expended. General Provisions—Department of State Sec. 301. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter77 Copy read “subchapters”. 59 of 5 U.S.C.; for services as authorized by 5 U.S.C. 3109; and hire of passenger or freight transportation. Sec. 302. Reports.[22 USC 4851 note](/us/usc/t22/s4851).The Secretary of State shall report to the appropriate committees of the Congress on the obligation of funds provided for diplomatic security and related expenses every month beginning January 1,1988. Sec. 303. [22 USC 276 note](/us/usc/t22/s276).There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, a total of $290,000 for each fiscal year to carry out (in accordance with the respective authorization amounts) paragraph
(2)of the first section of Public Law 74–170, section 2(2) of Public Law 84–689, section 2 of Public Law 86–42, and section 2 of Public Law 86–420. These funds may be disbursed to each delegation, pursuant to vouchers in accordance with the applicable provisions of law, at any time requested by the Chairman of the delegation after that fiscal year begins. Section 2 of [22 USC 1928b](/us/usc/t22/s1928b).Public Law 84–689 is amended by striking out “annually,” and inserting in lieu thereof “annually (1)”, by striking out “$50,000, $25,000” and inserting in lieu thereof “(2) $100,000, $50,000”, and by striking out “and $25,000” and inserting in lieu thereof “and $50,000”. Sec. 304. The Secretary of State shall not permit the Soviet Union to occupy the new chancery building at its new embassy complex in Washington D.C. or any other new facility in the Washington, D.C. metropolitan area, until a new chancery building is ready for occupancy for the United States embassy in Moscow: *Provided,* That none of the funds appropriated in this Act or any prior Act may be obligated for the new office building in Moscow except for engineering and technical studies prior to October 1,1988. Sec. 305. [22 USC 1461 note, 2656 note](/us/usc/t22/s1461/2656).The following sections of H.R. 1777 (the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989) are waived during Fiscal Years 1988 and 1989 in the event that H.R. 1777 is enacted into law: Sec. 122, Sec. 151, and Sec. 204. This title may be cited as the “Department of State Appropriation Act, 1988”. 101 STAT. 1329–24 TITLE IV— THE JUDICIARYThe Judiciary Appropriation Act, 1988. Supreme Court of the United States salaries and expenses For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase, or hire, driving, maintenance and operation of an automobile for the Chief Justice and not to exceed $10,000 for the purpose of transporting Associate Justices, hire of passenger motor vehicles; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve; $15,247,000. care of the building and grounds For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the Act approved May 7, 1934 (40 U.S.C. 13a–13b), including improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without regard to the Classification and Retirement Acts, as amended), and for snow removal by hire of men and equipment or under contract, and for security installations both without compliance with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); $2,110,000, of which $75,000 shall remain available until expended. United States Court of Appeals for the Federal Circuit salaries and expenses For salaries of the chief judge, judges, and other officers and employees, and for all necessary expenses of the court, $7,430,000. United States Court of International Trade salaries and expenses For salaries of the chief judge and eight judges; salaries of the officers and employees of the court; services as authorized by 5 U.S.C. 3109; and necessary expenses of the court, including exchange of books and traveling expenses, as may be approved by the court; $7,768,000: *Provided,* That travel expenses of judges of the Court of International Trade shall be paid upon written certificate of the judge. Courts of Appeals, District Courts, and Other Judicial Services salaries and expenses For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the Claims Court, bankruptcy judges, magistrates, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, and all necessary expenses of the courts, including the 101 STAT. 1329–25purchase of firearms and ammunition, $1,081,447,000: *Provided, *That, of the total amount appropriated, $500,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other legal reference materials, including subscriptions: *Provided further,* That the number of staff attorneys to be appointed in each of the courts of appeals shall not exceed the ratio of one attorney for each authorized judgeship, exclusive of the seven attorneys assigned preargument conference duties: *Provided further,* That such sums as may be available in the fund established pursuant to 28 U.S.C. 1931 may be credited to this appropriation. defender services For the operation of Federal Public Defender and Community Defender organizations, the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964, as amended, the compensation (in accordance with Criminal Justice Act maximums) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel, and the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by law; $85,100,000 to remain available until expended. fees of jurors and commissioners For fees and expenses and refreshments of jurors; compensation of jury commissioners; and compensation of commissioners appointed in condemnation cases pursuant to Rule 71A(h) of the Federal Rules of Civil Procedure; $43,135,000, to remain available until expended: *Provided,* That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code. court security For necessary expenses, not otherwise provided for, incident to the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress-egress control, inspection of packages, directed security patrols, and other similar activities; $40,853,000, to be expended directly or transferred to the United States Marshals Service which shall be responsible for administering elements of the Judicial Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General. Administrative Office of the United States Courts salaries and expenses For necessary expenses of the Administrative Office of the United States Courts, including travel, advertising, hire of a passenger motor vehicle, and rent in the District of Columbia and elsewhere, $31,167,000, of which an amount not to exceed $5,000 is authorized for official reception and representation expenses. 101 STAT. 1329–26 Federal Judicial Center salaries and expenses For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $10,548,000. United States Sentencing Commission salaries and expenses For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $5,129,000. General Provisions—the Judiciary Sec. 401. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. Sec. 402. Appropriations made in this title shall be available for salaries and expenses of the Temporary Emergency Court of Appeals authorized by Public Law 92–210 and the Special Court established under the Regional Rail Reorganization Act of 1973, Public Law 93–236. Sec. 403. The position of Trustee Coordinator in the Bankruptcy Courts of the United States shall not be limited to persons with formal legal training. Sec. 404. Notwithstanding any other provision of law, the Administrative Office of the United States Courts, or any other agency or instrumentality of the United States, is prohibited from restricting solely to staff of the Clerks of the United States Bankruptcy Courts the issuance of notices to creditors and other interested parties. The Administrative Office shall permit and encourage the preparation and mailing of such notices to be performed by or at the expense of the debtors, trustees or such other interested parties as the Court may direct and approve. The Director of the Administrative Office of the United States Courts shall make appropriate provisions for the use of and accounting for any postage required pursuant to such directives. TheTermination date. provisions of this paragraph shall terminate on October 1, 1988. Sec. 405. Such fees as shall be collected for the preparation and mailing of notices in bankruptcy cases as prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. 1930(b) shall be deposited to the “Courts of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses” appropriation to be used for salaries and other expenses incurred in providing these services. Sec. 406. Pursuant to section 140 of Public Law 97–92, during[28 USC 461 note](/us/usc/t28/s461). fiscal year 1988, justices and judges of the United States shall receive the same percentage increase in salary accorded to employees paid under the General Schedule (pursuant to 5 U.S.C. 5305). Sec. 407. Section 1344(b)(1) of title 31, United States Code, is amended by inserting— "
(2)The Chief Justice and Associate Justices of the Supreme Court;” and redesignating subsections
(2)and
(3)as subsections
(3)and (4), respectively. " Sec. 408.
(a)Section 153(a) of title 28, United States Code, is amended to read as follows: 101 STAT. 1329–27 " “(a) Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services, a salary at an annual rate that is equal to 92 percent of the salary of a judge of the district court of the United States as determined pursuant to section 135, to be paid at such times as the Judicial Conference of the United States determines.”. "
(b)Section 634(a) of title 28, United States Code, is amended by amending the first sentence to read as follows: " “(a) Officers appointed under this chapter shall receive, as full compensation for their services, salaries to be fixed by the conference pursuant to section 633, at rates for full-time United States magistrates up to an annual rate equal to 92 percent of the salary of a judge of the district court of the United States, as determined pursuant to section 135, and at rates for part-time magistrates of not ess than an annual salary of $100, nor more than one-half the maximum salary payable to a full-time magistrate.”. "
(c)Section 225(C) of the Federal Salary Act of 1967 (2 U.S.C. 356(c)) is amended by striking out “and magistrates and” and inserting in lieu thereof “except bankruptcy judges, but including”.
(d)Effective date.[28 USC 153 note](/us/usc/t28/s153).This section shall become effective October 1, 1988, and any salary affected by the provisions of this section shall be adjusted at the beginning of the first applicable pay period commencing on or after such date of enactment. Sec. 409. Section 603 of title 28, United States Code, is amended by striking the second sentence and inserting in lieu thereof the following: “The salaries of the Deputy Director and of three additional positions shall be88 Copy read “shall be be fixed”. fixed by the Director at rates not to exceed the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5.”. This title may be cited as “The Judiciary Appropriation Act, 1988”. TITLE V— RELATED AGENCIES DEPARTMENT OF TRANSPORTATION Maritime Administration operating-differential subsidies (liquidation of contract authority) For the payment of obligations incurred for operating-differential subsidies as authorized by the Merchant Marine Act, 1936, as amended, $250,300,000, to remain available until expended. ocean freight differential [46 USC app. 1241h note](/us/usc/t46/s1241h). Such sums as may be necessary for fiscal year 1988 and thereafter are hereby appropriated to liquidate debt and pay interest due to the Secretary of the Treasury, as required by section 901d, Merchant Marine Act, 1936. operations and training For necessary expenses of operations and training activities authorized by law, $75,521,000, to remain available until expended: *Provided,* That reimbursements may be made to this appropriation 101 STAT. 1329–28from receipts to the “Federal Ship Financing Fund” for administrative expenses in support of that program: *Provided further,* That in addition to any amount heretofore appropriated, $10,000,000 of the funds appropriated in this paragraph snail be available for the activation and conversion costs of a training vessel for the State University of New York Maritime College: *Provided further,* That the second sentence of the paragraph under this heading in chapter II of title I of the Act of August 22, 1984 (98 Stat. 1372), is amended by deleting “preconversion” and inserting in lieu thereof “activation and conversion”, by inserting a period after the word “expended”, and by deleting the remainder of the sentence: *Provided further, *That hereafter such training vessel shall be subject to a plan for sharing training vessels approved by the Secretary of Transportation, if such plan is deemed necessary: *Provided further,* That hereafter no funds shall be appropriated for the purchase or construction of training[46 USC app. 1295c–1](/us/usc/t46/s1295c–1). vessels for State maritime academies unless a plan for sharing training vessels between State maritime academies has been approved by the Maritime Administration. administrative provisions—maritime administration Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration and payments received by the Maritime Administration for utilities, services, and repairs so furnished or made shall be credited to the appropriation charged with the cost thereof: *Provided,* That rental payments under any such lease, contract, or occupancy on account of items other than such utilities, services or repairs shall be covered into the Treasury as miscellaneous receipts. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act, or in any prior appropriation Act and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the Treasury as miscellaneous receipts. Arms Control and Disarmament Agency arms control and disarmament activities For necessary expenses, not otherwise provided for, for arms control and disarmament activities, including not to exceed $48,000 for official reception and representation expenses, authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), $30,100,000 of which $2,600,000 shall be transferred to the Department of Energy for the Reduced Enrichment in Research and Test Reactor Program. Board for International Broadcasting grants and expenses For expenses of the Board for International Broadcasting, including grants to RFE/RL, Inc., $185,000,000, of which $20,000,000, to remain available until expended, shall become available for expendi-101 STAT. 1329–29ture on October 1, 1988, and of which not to exceed $52,000 may be made available for official reception and representation expenses. israel radio relay station There is hereby appropriated the sum of $34,000,000, to remain available until expended, to the Board for International Broadcasting for the purpose of making and overseeing grants to Radio Free Europe/Radio Liberty, Incorporated, and its subsidiaries and of making payments as necessary in order to begin implementation of the agreement signed on June 18, 1987, between the United States Government and the Government of Israel to establish and operate a radio relay station in Israel for use by Radio Free Europe/Radio Liberty and the Voice of America. Christopher Columbus Quincentenary Jubilee Commission salaries and expenses For the necessary expenses of the Christopher Columbus Quincentenary Jubilee Commission, $212,000, to remain available until November 15,1992. Commission on the Bicentennial of the United States Constitution salaries and expenses For necessary expenses of the Commission on the Bicentennial of the United States Constitution authorized by Public Law 98–101 (97 Stat. 719–723), $16,000,000 to remain available until expended, of which $6,250,000 is for carrying out the provisions of Public Law 99–194, including $2,850,000 for implementation of the National Bicentennial Competition on the Constitution and the Bill of Rights and $3,400,000 for educational programs about the Constitution and the Bill of Rights below the university level as authorized by such Act, and in addition, $1,000,000 to remain available until expended, is provided for a grant to the National Trust for Historic Preservation for the purpose of making urgently needed repairs necessary to preserve James Madison’s Montpelier from the threat of destruction by fire and structural deterioration, and provide for necessary public health and safety, and in addition, $1,000,000 is provided for a grant to the We The People 200 Committee: *Provided,* That not to exceed a total of $1,250,000 from appropriations provided to the Commission on the Bicentennial of the United States Constitution for fiscal years 1985 through 1988 is available for educational programs about the Constitution and the Bill of Rights below the university level not provided for elsewhere in this Act: [20 USC 4516 note](/us/usc/t20/s4516).*Provided further,* That until tne Board of Trustees of the James Madison Memorial Fellowship Foundation is appointed, the Commission on the Bicentennial of the United States Constitution is authorized to receive, review and certify for payment the applications for grants of endowment funds for the establishment of Constitutional Law Resource Centers as provided and appropriated under the James Madison Memorial Fellowship Act, title VHI, sections 817 and 818, Public Law 99–500 and Public Law 99–591; and the authority to make grants to carry out an educational program for the Commemo-101 STAT. 1329–30ration of the Bicentennial of the Constitution of the United States and the Bill of Rights, enacted under title V, section 501 of Public Law 99–194, is amended by
(i)striking the period at the end of[99 Stat. 1346](/us/stat/99/1346). section 501(a)(2)(B), inserting a semicolon and the word “and”, and
(ii)adding the following: “(C) is authorized to make grants for the establishment of Constitutional Law Resource Centers in accordance with the terms of title VIII, sections 817 and 818 of Public Law 99–500 and Public Law 99–591, and is authorized to make grants to two University Centers in accordance with the terms of Amendment Numbered 70 of Conference Report 99–236 (Public Law 99–88 [99 Stat. 305]).”: *Provided further,* That there is hereby appropriated for each recipient University Center named in Amendment Numbered 70 of Conference Report 99–236 (Public Law 99–88 [99 Stat. 305]) an additional $1,500,000 to remain available until expended for the endowment funds created pursuant to such Act and to be used under the same conditions and requirements set forth therein and such Bicentennial Commission or Board of Trustees referred to above is authorized to receive, review and certify for payment the applications for said grants. Commission on Civil Rights salaries and expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $5,707,000, of which $2,000,000 is for regional offices and $700,000 is for civil rights monitoring activities: *Provided,* That not to exceed $20,000 may be used to employ consultants: *Provided further,* That not to exceed $185,000 may be used to employ temporary or special needs appointees: *Provided further,* That none of the funds shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service, exclusive of one special assistant for each Commissioner whose compensation shall not exceed the equivalent of 150 billable days at the daily rate of a level 11 salary under the General Schedule: *Provided further,* That not to exceed $40,000 shall be available for new, continuing or modifications of contracts for performance of mission-related external services: *Provided further, *That none of the funds shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the Chairman who is permitted 125 billable days: *Provided further,* That the General Accounting Office shall perform a mid-year audit of the Commission to determine compliance with this section and shall report its findings to the Appropriations Committees of the Senate and House of Representatives by June 1, 1988. Commission on Security and Cooperation in Europe salaries and expenses For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, $701,000, to remain available until expended: *Provided,* That not to exceed $6,000 of such amount shall be available for official reception and representation expenses. 101 STAT. 1329–31 Commission for the Study of International Migration and Cooperative Economic Development salaries and expenses For necessary expenses of the Commission for the Study of International Migration and Cooperative Economic Development as authorized by title VI of Public Law 99–603, $870,000, to remain available until expended. Equal Employment Opportunity Commission salaries and expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, as amended (29 U.S.C. 206(d) and 621–634), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $20,000,000 for payments to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act, as amended, and sections 6 and 14 of the Age Discrimination in Employment Act; $179,812,000: *Provided,* That the final rule regarding unsupervised waivers under the Age Discrimination in Employment Act, issued by the Commission on August 27, 1987 (29 CFR sections 1627.16
(c)(1)–(3)), shall not have effect during fiscal year 1988: *Provided further,* That none of the funds may be obligated or expended by the Commission to give effect to any policy or practice pertaining to unsupervised waivers under the Age Discrimination in Employment Act. Federal Communications Commission salaries and expenses For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901–02); not to exceed $300,000 for land and structures; not to exceed $300,000 for improvement and care of grounds and repair to buildings; not to exceed $4,000 for official reception and representation expenses: purchase (not to exceed ten) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $99,613,000, of which not to exceed $300,000 of the foregoing amount shall remain available until September 30, 1989, for research and policy studies: *Provided, *That none of the funds appropriated by this Act shall be used to repeal, to retroactively apply changes in, or to continue a re-examination of, the policies of the Federal Communications Commission with respect to comparative licensing, distress sales and tax certificates granted under 26 U.S.C. 1071, to expand minority and women ownership of broadcasting licenses, including those established in Statement of Policy on Minority Ownership of Broadcast Facilities, 68 F.C.C. 2d 979 and 69 F.C.C. 2d 1591, as amended 52 R.R. 2d 1313
(1982)and Mid-Florida Television Corp., 60 F.C.C. 2d 607 Rev. Bd. (1978), which were effective prior to September 12, 1986, other than to close MM Docket No. 86–484 with a reinstatement of prior policy and a lifting of suspension of any sales, licenses, applications, or proceedings, which were suspended pending the conclusion of the inquiry: *Provided further,* That none of the funds 101 STAT. 1329–32appropriated to the Federal Communications Commission by this Act may be used to diminish the number of VHF channel assignments reserved for noncommercial educational television stations in the Television Table of Assignments (section 73.606 of title 47, Code of Federal Regulations): *Provided further,* That none of the funds appropriated by this Act or any other Act may be used to repeal, to retroactively apply changes in, or to begin or continue a reexamination of the rules of the Federal Communications Commission with respect to the common ownership of a daily newspaper and a television station where the grade A contour of the television station encompasses the entire community in which the newspaper is published, or to extend the time period of current grants of temporary waivers to achieve compliance with such rules: *Provided further,* That no funds appropriated to the Federal Communications Commission shall be used prior to March 22, 1988 to accept or grant any applications to construct or operate cellular systems in rural service areas. Federal Maritime Commission salaries and expenses For necessary expenses of the Federal Maritime Commission, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–02; $13,585,000: *Provided,* That not to exceed $1,500 shall be available for official reception and representation expenses. Federal Trade Commission salaries and expenses For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses; the sum of $66,243,000: *Provided,* That the funds appropriated in this paragraph are subject to the limitations and provisions of sections l0(a) and 10(c) (notwithstanding section 10(e)), 11(b), 18, and 20 of the Federal Trade Commission Improvements Act of 1980 (Public Law 96–252; 94 Stat. 374). International Trade Commission salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $34,750,000. Japan-United States Friendship Commission japan-united states friendship trust fund For expenses of the Japan-United States Friendship Commission as authorized by Public Law 94–118, as amended, from the interest earned on the Japan-United States Friendship Trust Fund, $1,200,000, to remain available until expended; and an amount of 101 STAT. 1329–33Japanese currency not to exceed the equivalent of $1,700,000 based on exchange rates at the time of payment of such amounts, to remain available until expended: *Provided,* That not to exceed a total of $3,500 of such amounts shall be available for official reception and representation expenses. Legal Services Corporation payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, as amended, $305,500,000 of which $261,294,000 is for basic field programs, $7,022,000 is for Native American programs, $9,698,000 is for migrant programs, $1,100,000 is for law school clinics, $1,000,000 is for supplemental field programs, $624,000 is for regional training centers, $7,228,000 is for national support, $7,843,000 is for State support, $865,000 is for the Clearinghouse, $510,000 is for computer assisted legal research regional centers, and $8,316,000 is for Corporation management and administration: *Provided,* That none of the funds appropriated in this paragraph shall be expended for any purpose prohibited or limited by or contrary to any of the provisions of Public Law 99–180 and section 112 of Public Law 99–190: *Provided further,* That the funds distributed to each grantee funded in fiscal vear 1988 pursuant to the number of poor people determined by the Bureau of the Census to be within its geographical area shall be distributed in the following order:
(1)grants from the Legal Services Corporation and contracts entered into with the Legal Services Corporation under section 1006(a)(1) shall be maintained in fiscal year 1988 at not less than 1 per centum more than the annual level at which each grantee and contractor was funded in fiscal year 1987 or $8.30 per poor person within its geographical area under the 1980 Census, whichever is greater; and
(2)each such grantee shall be increased by an equal percentage of the amount by which such grantee’s funding, including the increase under the first priority above, falls below $14.56 per poor person within its geographical area under the 1980 census: *Provided further,* That if funds become available because a national support center has been defunded or denied refunding pursuant to section 1011(2) of the Legal Services Corporation Act, as amended by this Act, such funds may be transferred to basic field programs, to be distributed in the manner specified by this paragraph, if the Appropriations Committees of both Houses of Congress have been notified pursuant to section 608 of this Act: *Provided further,* That the Corporation shall utilize the same formula for distribution of fiscal year 1988 migrant funds as was used in fiscal year 1987: *Provided further,* That none of the funds appropriated by this Act or prior Acts may be used by an officer, board member, employee or consultant of the Corporation to implement or enforce provisions in the regulation regarding legislative and administrative advocacy and training (Part 1612, 52 FR 28434 (July 29, 1987)) which impose restrictions on private funds received by a recipient for the provision of legal assistance except to the extent that such restrictions are explicitly authorized by sections 1007 (a)(5), (b)(6), (b)(7), and 1010(c) of the LSC Act: *Provided further,* That the Corporation shall not 101 STAT. 1329–34impose requirements on governing bodies of recipients that are additional to, or more restrictive than, the provisions of Public Law 99–180 and section 1007(c) of the Legal Services99 Copy read “Legal Service”. Corporation Act including, but not limited to
(1)the procedures of appointment, including the political affiliation and the length of terms of, board members and
(2)the size, quorum requirements, and committee operations of such governing bodies. Marine Mammal Commission salaries and expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92–522, as amended, $953,000. Office of the United States Trade Representative salaries and expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $15,229,000, of which $1,000,000 shall remain available until expended: *Provided,* That not to exceed $69,000 shall be available for official reception and representation expenses. Securities and Exchange Commission salaries and expenses For necessary expenses of the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $9,000 for official reception and representation expenses, $135,221,000, of which not to exceed $10,000 may be used toward funding a permanent secretariat for the International Association of Securities Commissioners. Small Business Administration salaries and expenses (including transfer of funds) For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles and not to exceed $2,500 for official reception and representation expenses $175,832,000; and for grants for performance in fiscal year 1988 or fiscal year 1989 for Small Business Development Centers as authorized by section 21(a) of the Small Business Act, as amended, $40,000,000: *Provided,* That not more than $350,000 of this amount shall be made available to pay the expenses of the National Small Business Development Center Advisory Board and to reimburse centers for participating in evaluations as provided in section 20(a) of such Act, and to maintain a clearinghouse as provided in section 21(g)(2) of such Act: *Provided further,* That none of the funds appropriated or made available by this Act or otherwise appro-101 STAT. 1329–35priated or made available to the Small Business Administration shall be used to adopt, implement, or enforce any rule or regulation with respect to the Small Business Development Center program authorized by section 21 of the Small Business Act, as amended (15 U.S.C. 648) nor may any of such funds be used to impose any restrictions, conditions or limitations on such program whether by standard operating procedure, audit guidelines or otherwise, unless such restrictions, conditions or limitations were in effect on October 1, 1987, unless specifically approved by the Committees on Appropriations under reprogramming procedures; nor may any of such funds be used to restrict in any way the right of association of participants in such program: *Provided further,* That the staffing levels at the Small Business Administration District Office, Clarksburg, West Virginia and the Small Business Administration Branch Office, Charleston, West Virginia, shall be maintained at the same levels that were in place as of August 30, 1987. In addition, $88,228,000 for disaster loan-making activities, including loan servicing, shall be transferred to this appropriation from the “Disaster Loan Fund“. None of the funds made available under this joint resolution or any subsequent appropriations Act for fiscal year 1988 for the Small Business Administration shall be used to promulgate final regulations adjusting numerical size standards as required by section 921
(f)and
(h)of Public Law 99–661 and section 921
(f)and
(h)of Public Law 99–591 prior to May 31, 1988. revolving funds The Small Business Administration is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to its revolving funds, and in accord with the law, and to make such contracts and commitments withou* regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for the “Disaster Loan Fund”, the “Business Loan and Investment Fund”, the “Lease Guarantees Revolving Fund”, the “Pollution Control Equipment Contract Guarantees Revolving Fund”, and the “Surety Bond Guarantees Revolving Fund”. business loan and investment fund For additional capital for the “Business Loan and Investment Fund”, $91,000,000, to remain available without fiscal year limitation; and for additional capital for new direct loan obligations to be incurred by the “Business Loan and Investment Fund”, $85,000,000, to remain available without fiscal year limitation. surety bond guarantees revolving fund For additional capital for the “Surety Bond Guarantees Revolving Fund”, authorized by the Small Business Investment Act, as amended, $9,497,000, to remain available without fiscal year limitation. 101 STAT. 1329–36 pollution control equipment contract guarantee revolving fund For additional capital for the “Pollution control equipment contract guarantee revolving fund” authorized by the Small Business Investment Act, as amended, $13,656,000, to remain available without fiscal year limitation. State Justice Institute salaries and expenses For necessary expenses of the State Justice Institute, as authorized by Public Law 98–620, $10,980,000, to remain available until expended. United States Information Agency salaries and expenses For expenses, not otherwise provided for, necessary to enable the United States Information Agency, as authorized by Reorganization Plan No. 2 of 1977, the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), and the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), to carry out international communication, educational and cultural activities, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $270,000, of which $250,000 is to facilitate United States participation in international expositions abroad); expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), living quarters as authorized by 5 U.S.C. 5912, and allowances as authorized by 5 U.S.C. 5921–5928 and 22 U.S.C. 287e–l; and entertainment, including official receptions, within the United States, not to exceed $20,000; $620,347,000, none of which shall be restricted from use for the purposes appropriated herein and of which $36,900,000 shall be available for the Television and Film Service: *Provided,* That not to exceed $1,070,000 may be used for representation abroad: *Provided further,* That not to exceed $14,557,000 of the amounts allocated by the United States Information Agency to carry out section 102(a)(3) of the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2452(a)(3)), shall remain available until expended: *Provided further,* That not to exceed $500,000 shall remain available until expended, for expenses (including those authorized by the Foreign Service Act of 1980) and equipment necessary for maintenance and operation of such data processing and administrative services as the Director determines may be performed advantageously and more economically as central services: *Provided further,* That not to exceed $3,650,000 may be credited to this appropriation from fees or other payments received from or in connection with English teaching, library, motion picture, and television programs as authorized by section 810 of the United States Information and Educational Exchange Act of 1948, as amended: *Provided further,* That the funds appropriated by this paragraph shall be available notwithstanding sections 201(2) and 204 of H.R. 1777 (the Foreign Relations Authorization Act, fiscal years 1988 and 1989) whenever it or alternative authorization legis-101 STAT. 1329–37lation is enacted and notwithstanding section 701 of the United States Information and Educational Exchange Act of 1948, as amended. educational and cultural exchange programs Notwithstanding section 301(a)
(1)through
(7)of H.R. 1777 (the Foreign Relations Authorization Act, fiscal years 1988 and 1989), for expenses of Fulbright, International Visitor, Humphrey Fellowship and Congress-Bundestag Exchange Programs, as authorized by Reorganization Plan No. 2 of 1977 and the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.), $142,310,000: *Provided,* That not less than $540,000 shall be made available to the Institute for Representative Government for a pilot program for exchanges of persons and other exchange-related activities with legislators and legislatures of developing democracies: *Provided further,* That not less than $2,000,000 shall be made available for a grant to the Oregon Historical Society to assist in the establishment of the North Pacific Research Center in Portland, Oregon. For the Private Sector Exchange Programs, $7,730,000 of which $500,000 shall be available only for the Seattle Goodwill Games Organizing Committee for Cultural Exchange and other exchange-related activities associated with the 1990 Goodwill Games to be held in Seattle, Washington. radio broadcasting to cuba For an additional amount, necessary to enable the United States Information Agency to carry out the Radio Broadcasting to Cuba Act (providing for the Radio Marti program or Cuba Service of the Voice of America), including the purchase, rent, construction, and improvement of facilities for radio transmission and reception and purchase and installation of necessary equipment for radio transmission and reception, $12,759,000, to remain available until expended, of which not to exceed $100,000 shall be available for the Advisory Board on Radio Broadcasting to Cuba for a feasibility study on television broadcasting to Cuba. East-West Center To enable the Director of the United States Information Agency to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to any appropriate recipient in the State of Hawaii, $20,000,000: *Provided,* That none of the funds appropriated herein shall be used to pay any salary, or to enter into any contract providing for the payment thereof, in excess of the highest rate authorized in the General Schedule of the Classification Act of 1949, as amended. national endowment for democracy For grants made by the United States Information Agency to the National Endowment for Democracy as authorized by the National Endowment for Democracy Act, $16,875,000. 101 STAT. 1329–38 administrative provision—united states information agency The United States Information Agency and the Voice of America shall pursue all relevant information relating to the availability of transmitters and antennas, spare parts, and other technical equipment to determine whether such items can be procured at reasonable prices and in a timely manner under all foreseeable circumstances. The agency and the Voice of America shall purchase American-manufactured equipment and materials to the fullest extent reasonably possible under the law in carrying out the facilities modernization program. This provision shall apply to all funds which are obligated for the facilities modernization program during fiscal year 1988. Where a foreign bidder receives any governmental subsidy, the price bid of each foreign bidder shall be increased by the amount of that subsidy as determined by the Department of Commerce for purposes of tnis procurement. General Provisions—Related Agencies Funds appropriated to the United States Information Agency for radio construction and to the Board for International Broadcasting for facility modernization, including for both agencies balances available from prior years, may be transferred between the two agencies to meet priority broadcasting facility improvement needs as mutually agreed to by the Director of the United States Information Agency and the Chairman of the Board for International Broadcasting: *Provided,* That such transfers will be subject to the approval of the Committees on Appropriations of the House of Representatives and the United States Senate pursuant to the reprogramming provisions of section 608 of this Act. TITLE VI— GENERAL PROVISIONS Sec. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Sec. 602. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 604. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Sec. 605. None of the funds appropriated in titles II and V of this Act may be used for any activity to alter the per se prohibition on resale price maintenance in effect under Federal antitrust laws: *Provided,* That nothing in this provision shall prohibit any employee of a department or agency for which funds are provided in titles II and V of this Act from presenting testimony on this matter before appropriate committees of the House and Senate. 101 STAT. 1329–39 Sec. 606. None of the funds appropriated by this Act to the Legal Services Corporation may be used by the Corporation or any recipient to participate in any litigation with respect to abortion. Sec. 607. No funds appropriated under this Act may be used to procure any item or service from a foreign entity which engages, directly or indirectly, in activities which, if it were a United States person, would violate section 8 of the Export Administration Act of 1979 (50 U.S.C. Appendix, section 2401 et seq.).1010 Copy read “et seq.)”. Sec. 608.
(a)None of the funds provided under this Act shall be available for obligation or expenditure through a reprogramming of funds which:
(1)creates new programs;
(2)eliminates a program, project, or activity;
(3)increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;
(4)relocates an office or employees;
(5)reorganizes offices, programs, or activities; or
(6)contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds.
(b)None of the funds provided under this Act shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $250,000 or 10 per centum, whichever is less, that:
(1)augments existing programs, projects, or activities;
(2)reduces by 10 per centum funding for any existing program, project, or activity, or numbers of personnel by 10 per centum as approved by Congress; or
(3)results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress, unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds. Sec. 609. No funds appropriated under this Act may be used to sell direct loans which are held by the Small Business Administration or any loan guaranty or debenture guaranty made by the Small Business Administration under the authority contained in the Small Business Investment Act of 1958, and which was held by the Federal Financing Bank on September 30,1987. Sec. 610.
(a)Unless specifically permitted by subsequently enacted legislation, none of the funds appropriated or made available by this Act to the Small Business Administration may be used—
(1)to impose a user fee in connection with a Small Business Administration program or service for which no user fee was in effect on September 1,1987, or
(2)to increase a user fee which was in effect in connection with such a program or service on such date. TITLE VII— CUBAN POLITICAL PRISONERS AND IMMIGRANTSCuban Political Prisoners and Immigrants. Sec. 701. [8 USC 1201 note](/us/usc/t8/s1201).This title may be cited as “Cuban Political Prisoners and Immigrants”. Sec. 702.
(a)Processing Of Certain Cuban Political Prisoners as Refugees.—[8 USC 1201 note](/us/usc/t8/s1201).In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the 101 STAT. 1329–40date of enactment of this Act, consular officer of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants.
(b)Processing of Immigrant Visa Applications of Cuban Nationals in Third Countries.—Notwithstanding section 212(f) and section 243(g) of the Immigration and Nationality Act, on and after the date of the enactment of this Act, consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries.
(c)Definitions.—For purposes of this section:
(1)The term “process“ means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.
(2)The term “refugee” has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act. TITLE VIII— INDOCHINESE REFUGEE RESETTLEMENT AND PROTECTION ACT OF 1987Indochinese Refugee Resettlement and Protection Act of 1987. Sec. 801. This title may be cited as the “Indochinese Refugee Resettlement and Protection Act of 1987”. Sec. 802.
(a)Findings.—It is the sense of the Congress that—
(1)the continued occupation of Cambodia by Vietnam and the oppressive conditions within Vietnam, Cambodia, and Laos have led to a steady flight of persons from those countries, and the likelihood for the safe repatriation of the hundreds of thousands of refugees in the region’s camps is negligible for the foreseeable future;
(2)the United States has already played a major role in responding to the Indochinese refugee problem by accepting approximately 850,000 Indochinese refugees into the United States since 1975 and has a continued interest in persons who have fled and continue to flee the countries of Cambodia, Laos, and Vietnam;
(3)Hong Kong, Indonesia, Malaysia, Singapore, the Philippines, and Thailand have been the front line countries bearing tremendous burdens caused by the flight of these persons;
(4)all members of the international community bear a share of the responsibility for the deterioration in the refugee first asylum situation in Southeast Asia because of slow and limited procedures, failure to implement effective policies for the region’s “long-stayer” populations, failure to monitor adequately refugee protection and screening programs, particularly along the Thai-Cambodian and Thai-Laotian borders, and the instability of the Orderly Departure Program
(ODP)from Vietnam which has served as the only safe, legal means of departure from Vietnam for refugees, including Amerasians and long-held “reeducation camp” prisoners; 101 STAT. 1329–41
(5)the Government of Thailand should be complimented for allowing the United States to process ration card holders in Khao I Dang and potentially qualified immigrants in Site 2 and in Khao I Dang;
(6)given the serious protection problem in Southeast Asian first asylum countries and the need to preserve first asylum in the region, the United States should continue its commitment to an ongoing, generous admission and protection program for Indochinese refugees, including urgently needed educational programs for refugees along the Thai-Cambodian and Thai-Laotian borders, until the underlying causes of refugee flight are addressed and resolved;
(7)the executive branch should seek adequate funding levels to meet United States policy objectives to ensure the wellbeing of Indochinese refugees in first asylum, and to process 29,500 Indochinese refugees within the overall refugee admissions level of 68,000 as determined by the President; and
(8)the Government of Thailand should be complimented for the progress that has been made in implementing an effective antipiracy program.
(b)Recommendations.—The Congress finds and recommends the following with respect to Indochinese refugees:
(1)The Secretary of State should urge the Government of Thailand to allow full access by highland refugees to the Lao Screening Program, regardless of the method of their arrival or the circumstances of their apprehension, and should intensify its efforts to persuade the Government of Laos to accept the safe return of persons rejected under the Lao Screening Program.
(2)Refugee protection and monitoring activities should be expanded along the Thai-Laotian border in an effort to identify and report on incidents of refugees forcibly repatriated into Laos.
(3)The Secretary of State should urge the Government of Thailand to address immediately the problems of protection associated with the Khmer along the Thai-Cambodian border. The Government of Thailand, along with appropriate international relief agencies, should develop and implement a plan to provide for greater security and protection for the Khmer at the Thai border.
(4)The international community should increase its efforts to assure that Indochinese refugee camps are protected, that refugees have access to a free market at Site 2, and that international observers and relief personnel are present on a 24-hour-a-day basis at Site 2 and any other camp where it is deemed necessary.
(5)The Secretary of State should make every effort to identify each person at Site 2 who may qualify for admission to the United States as an immigrant and for humanitarian parole.
(6)The United Nations High Commissioner for Refugees should be pressed to upgrade staff presence and the level of advocacy to revive the international commitment with regard to the problems facing Indochinese refugees in the region, and to pursue voluntary repatriation possibilities in cases where monitoring is available and the safety of the refugees is assured.
(c)Allocations of Refugee Admissions.—Given the existing connection between ongoing resettlement and the preservation of first asylum, the United States and the United Nations High 101 STAT. 1329–42Commissioner for Refugees should redouble efforts to assure a stable and secure environment for refugees while dialog is pursued on other long-range solutions, it is the sense of the Senate that—
(1)within the worldwide refugee admissions ceiling determined by the President, the President should allocate—
(A)at least 28,000 admissions from East Asia, first-asylum camps,
(B)at least 8,500 admissions for the Orderly Departure Program, for each of the fiscal years 1988, 1989, and 1990; and
(2)within the allocation made by the President for the Orderly Departure Program from Vietnam pursuant to paragraph (1)(B), admissions allocated in a fiscal year under priorities II and III of the program (as defined in the Department of State Bureau for Refugee Programs worldwide processing priorities) and the number of admissions allocated for Arierasians and their immediate family members under priority I, should be generous.
(d)International Solutions to Refugee Problems.—It is the sense of the Congress that—
(1)renewed international efforts must be taken to address the problem of Indochinese refugees who have lived in camps for 3 years or longer; and
(2)the Secretary of State should urge the United Nations High Commissioner for Refugees to organize immediately an international conference to address the problems of Indochinese refugees. Sec. 803. Reporting Requirement.—The President shall submit aPresident of U.S. report to Congress within 180 days after the date of the enactment of this Act on the respective roles of the Immigration and Naturalization Service and the Department of State in the refugee program with recommendations for improving the effectiveness and efficiency of the program. Sec. 804. Findings and Declarations.—The Congress makes the following findings and declarations:
(a)Thousands of children in the Socialist Republic of Vietnam were fathered by American civilians and military personnel.
(b)It has been reported that many of these Amerasian children are ineligible for ration cards and often beg in the streets, peddle black market wares, or prostitute themselves.
(c)The mothers of Amerasian children in Vietnam are not eligible for government jobs or employment in government enterprises and many are estranged from their families and are destitute.
(d)Amerasian children and their families have undisputed ties to the United States and are of particular humanitarian concern to the United States.
(e)The United States has a longstanding and very strong commitment to receive the Amerasian children in Vietnam, if they desire to come to the United States. 101 STAT. 1329–43 TITLE IX— Adjustment to Lawful Resident Status of Certain Nationals of Countries for Which Extended Voluntary Departure Has Been Made Available.ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN NATIONALS OF COUNTRIES FOR WHICH EXTENDED VOLUNTARY DEPARTURE HAS BEEN MADE AVAILABLE Sec. 901. This title may be cited as “Adjustment to Lawful Resident Status of Certain Nationals of Countries for Which Extended Voluntary Departure Has Been Made Available”. Sec. 902.
(a)Adjustment of Status.—[8 USC 1255a note](/us/usc/t49/s101).The status of any alien who is a national of a foreign country the nationals of which were provided (or allowed to continue in) [8 USC 1255a note](/us/usc/t49/s101).“extended voluntary departure” by the Attorney General on the basis of a nationality group determination at any time during the 5-year period ending on November 1, 1987, shall be adjusted by the Attorney General to that of an alien lawfully admitted for temporary residence if the alien—
(1)applies for such adjustment within two years after the date of the enactment of this Act;
(2)establishes that
(A)the alien entered the United States before July 21, 1984, and
(B)has resided continuously in the United States since such date and through the date of the enactment of this Act;
(3)establishes continuous physical presence in the United States (other than brief, casual, and innocent absences) since the date of the enactment of this Act;
(4)in the case of an alien who entered the United States as a nonimmigrant before July 21, 1984, establishes that
(A)the alien’s period of authorized stay as a nonimmigrant expired not later than six months after such date through the passage of time or
(B)the alien applied for asylum before July 21, 1984; and
(5)meets the requirements of section 245A(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1255a(a)(4)). The Attorney General shall provide for the acceptance and processing of applications under this subsection by not later than 90 days after the date of the enactment of this Act.
(b)Status and Adjustment of Status.—The provisions of subsections (b), (c)(6), (d), (f), (g), (h), and
(i)of section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a) shall apply to aliens provided temporary residence under subsection
(a)in the same manner as they apply to aliens provided lawful temporary residence status under section 245A(a) of such Act. This Act may be cited as the “Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988”.
(b)Such amounts as may be necessary for programs, projects or activities provided for in the Department of Defense Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: 101 STAT. 1329–44 AN ACTDepartment of Defense Appropriations Act, 1988. Making appropriations for the Department of Defense for the fiscal year ending September 30, 1988, and for other purposes. TITLE I MILITARY PERSONNEL Military Personnel, Army For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $23,427,732,000. Military Personnel, Navy For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $17,971,297,000. Military Personnel, Marine Corps For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $5,478,266,000. Military Personnel, Air Force For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security 101 STAT. 1329–45Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $19,583,118,000. Reserve Personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3021, and 3038 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers’ Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $2,239,365,000. Reserve Personnel, Navy For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $1,496,522,000. Reserve Personnel, Marine Corps For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $292,209,000. Reserve Personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8021, and 8038 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Air Reserve Officers’ Training Corps, and expenses authorized by section 2131 of title 10, United 101 STAT. 1329–46States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $608,345,000. National Guard Personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under section 265, 3021, or 3496 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $3,196,386,000. National Guard Personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 265, 8021, or 8496 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty, or other duty, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $976,939,000. TITLE II OPERATION AND MAINTENANCE Operation and Maintenance, Army For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $17,923,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $20,853,205,000: *Provided,* That of the funds appropriated herein, $150,000 shall be available only to reimburse We The People 200, Incorporated, for expenses related to the celebration of the Bicentennial of the Constitution. Operation and Maintenance, Navy For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $3,886,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $23,601,462,000: *Provided,* That from the amounts of this appropriation for the alteration, overhaul and repair of naval vessels and aircraft, funds shall be available to acquire the alteration, 101 STAT. 1329–47overhaul and repair by competition between public and private shipyards and air rework facilities. The Navy shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private shipyards and air rework facilities. Competitions shall not be subject to section 502 of the Department of Defense Authorization Act, 1981, as amended, section 307 of the Department of Defense Authorization Act, 1985, or Office of Management and Budget Circular A–76: *Provided further,* That funds appropriated or made available in this Act shall be obligated and expended to restore the facilities, activities and personnel levels, including specifically the medical facilities, activities and personnel levels, at the Memphis Naval Complex, Millington, Tennessee, to the fiscal year 1984 levels: *Provided further,* That in fiscal year 1988, of the amounts from this appropriation for the alteration, overhaul and repair of naval vessels and aircraft, funds shall be available for the performance of the New Threat Upgrade program on one such vessel in the Philadelphia Naval Shipyard: *Provided further,* That contracting to private shipyards for the New Threat Upgrade overhaul program shall utilize full and open competition among shipyards qualified for overhaul work: *Provided further,* That not less than $540,000 shall be available only to operate the Naval Investigative Service Regional Office in New Orleans, Louisiana. Operation and Maintenance, Marine Corps For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $1,819,188,000. Operation and Maintenance, Air Force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $6,775,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes; $19,661,448,000, of which $22,000,000 shall be available only to operate a C–130E unit at McChord Air Force Base, Washington. Operation and Maintenance, Defense Agencies For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; $7,112,951,000, of which not to exceed $10,789,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: *Provided,* That $900,000 is available to the Office of Economic Adjustment for making community planning assistance grants pursuant to section 2391 of title 10, United States Code, and joint community/military planning assistance grants for mitigation of operational impacts from encroachment: *Provided further,* That of the amounts appropriated herein, $53,375 shall be available only to operate the procurement outreach center in North Platte, Ne-101 STAT. 1329–48braska: *Provided further,* That $100,000 shall be made available for payment to the National Academy of Sciences for participation in the “Study of the Impact of National Security Controls on International Technology Transfer”: *Provided further,* That $9,000,000 shall be made available to the General Services Administration for carrying out the provisions of section 2 under the heading “National Defense Stockpile Transaction Fund” as set forth in section 101(m) of this joint resolution. Operation and Maintenance, Army Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $857,540,000. Operation and Maintenance, Navy Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $929,896,000. Operation and Maintenance, Marine Corps Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $69,500,000. Operation and Maintenance, Air Force Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $1,000,981,000. Operation and Maintenance, Army National Guard For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and 101 STAT. 1329–49expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $1,856,542,000. Operation and Maintenance, Air National Guard For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $1,958,063,000. National Board for the Promotion of Rifle Practice, Army For the necessary expenses and personnel services (other than pay and non-travel related allowances of members of the Armed Forces of the United States, except for members of the Reserve components thereof called or ordered to active duty to provide support for the national matches) in accordance with law, for construction, equipment, and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; the conduct of the national matches; the issuance of ammunition under the authority of title 10, United States Code, sections 4308 and 4311; the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; and the payment to competitors at national matches under section 4312 of title 10, United States Code, of subsistence and travel allowances in excess of the amounts provided under section 4313 of title 10, United States Code; not to exceed $4,099,000, of which not to exceed $7,500 shall be available for incidental expenses of the National Board. Claims, Defense For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $193,574,000. Court of Military Appeals, Defense For salaries and expenses necessary for the United States Court of Military Appeals; $3,241,000, and not to exceed $1,500 can be used for official representation purposes. 101 STAT. 1329–50 Environmental Restoration, Defense (including transfer of funds) For the Department of Defense; $402,800,000, to remain available until transferred: *Provided,* That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, research and development associated with hazardous wastes and removal of unsafe buildings and debris of the Department of Defense, or for similar purposes (including programs and operations at sites formerly used by the Department of Defense), transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense as the Secretary may designate, to be merged with and to be available for the same purposes and for the same time period as the appropriations of funds to which transferred: *Provided further,* That upon a determination that all or part of the funds transferred pursuant to this provision are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation. Humanitarian Assistance For transportation for humanitarian relief for refugees of Afghanistan, acquisition and shipment of transportation assets to assist in the distribution of such relief, and for transportation and distribution of humanitarian and excess nonlethal supplies for worldwide humanitarian relief, as authorized by law; $13,000,000, to remain available for obligation until September 30, 1989: *Provided,* That the Department of Defense shall notify the Committees on Appropriations and Armed Services of the Senate and House of Representatives 21 days prior to the shipment of humanitarian relief which is intended to be transported and distributed to countries not previously authorized by Congress. TITLE III PROCUREMENT Aircraft Procurement, Army For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $2,718,40b,000, to remain available for obligation until September 30,1990. Missile Procurement, Army For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground 101 STAT. 1329–51handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $2,332,237,000, to remain available for obligation until September 30, 1990: *Provided,* That funds may be obligated and expended for procurement and advance procurement of the Forward Area Air Defense System, Line-of-Sight Forward-Heavy system without regard to the restrictions contained in section 111(d) of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180): *Provided further,* That with regard to programs, projects and activities funded by this appropriation, provisions of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) which provide that funds appropriated pursuant to such Act shall be available only for specific programs, projects and activities in specific dollar amounts shall be effective, except as follows: Army Tactical Missile System, $9,125,000. Procurement of Weapons and Tracked Combat Vehicles, Army For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $3,207,187,000, to remain available for obligation until September 30,1990. Procurement of Ammunition, Army For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized in military construction authorization Acts or authorized by section 2854, title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $2,273,592,000, to remain available for obligation until September 30,1990. 101 STAT. 1329–52 Other Procurement, Army For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed 861 passenger motor vehicles, of which 398 shall be for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; as follows: Tactical and support vehicles, $844,921,000; Communications and electronics equipment, $3,177,739,000; Other support equipment, $1,070,889,000; In all: $5,093,549,000, to remain available for obligation until September 30, 1990: *Provided,* That $24,300,000 available from the fiscal year 1986 Other Procurement, Army appropriation for light division field artillery tactical data systems shall be obligated for procurement of seven LFATDS sets for seven light divisions by April 1, 1988. Aircraft Procurement, Navy For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $9,522,299,000, to remain available for obligation until September 30, 1990: *Provided,* That with regard to programs, projects and activities funded by this appropriation, provisions of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) which provide that funds appropriated pursuant to such Act shall be available only for specific programs, projects and activities in specific dollar amounts shall be effective, except as follows: A–6E Program, $0; EA–6B Program, $479,413,000; F–14 A/D Program, $734,289,000; F/A–18 Program, $2,388,710,000; SH–60B Program, $125,000,000; SH–60F Program, $294,346,000; Long Range ASW Capable Aircraft Program, $0; E–2C Program, $380,195,000; A–6E Modification Series, $219,478,000; H–53 Modification Series, $22,737,000; H–2 Modification Series, $55,000,000; P–3 Modification Series, $136,865,000; S–3 Modification Series, $74,772,000; ES–3 Modification Series, $80,000,000; E–2 Modification Series, $39,639,000; 101 STAT. 1329–53 *Provided further,* That notwithstanding section 111(e) of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) $609,917,000 is available for the procurement of 12 A–6F aircraft. Weapons Procurement, Navy For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, as follows: Poseidon, $181,000; TRIDENT I, $6,986,000; TRIDENT II, $2,041,331,000; Support equipment and facilities, $194,000; Tomahawk, $847,336,000; AIM/RIM–7 F/M Sparrow, $79,000,000; AIM–9L/M Sidewinder, $25,833,000; AIM–54A/C Phoenix, $343,596,000; AGM–84A Harpoon, $142,660,000; AGM–88A HARM, $187,128,000; SM–2 MR, $583,098,000; RAM, $44,931,000; Stinger, $17,765,000; Sidearm, $25,381,000; Hellfire, $44,154,000; Laser Maverick, $263,200,000; HR Maverick, $60,000,000; Penguin, $3,455,000; Aerial targets, $104,104,000; Drones and decoys, $24,767,000; Other missile support, $19,157,000; Modification of missiles, $15,513,000; Support equipment and facilities, $152,407,000; Ordnance support equipment, $218,436,000; MK–48 ADCAP torpedo program, $243,444,000; MK–50 advance lightweight torpedo program, $108,402,000; MK–30 mobile target program, $31,495,000; Antisubmarine rocket (ASROC) program, $9,522,000; Modification of torpedoes, $42,190,000; Torpedo support equipment program, $53,986,000; MK–15 close-in weapons system program, $28,023,000; 25mm gun mount, $4,091,000; Small arms and weapons, $9,568,000; Modification of guns and gun mounts, $57,589,000; Guns and gun mounts support equipment program, $1,068,000; Spares and repair parts, $127,028,000; In all: $5,967,019,000, to remain available for obligation until September 30, 1990: *Provided,* That none of the funds provided herein may be used for a multiyear procurement contract of the 101 STAT. 1329–54Harpoon missile system: *Provided further,* That with regard to programs, projects and activities funded by this appropriation, provisions of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) which provide that funds appropriated pursuant to such Act shall be available only for specific programs, projects and activities in specific dollar amounts shall be effective, except as follows: Trident II missile, $2,041,331,000. Shipbuilding and Conversion, Navy For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: TRIDENT ballistic missile submarine program, $1,260,800,000; CVN nuclear aircraft carrier program, $6,325,000,000; SSN–688 attack submarine program, $1,676,900,000; SSN–21 attack submarine program, $257,600,000; Aircraft carrier service life extension program, $729,755,000; CG–47 cruiser program, $4,127,000,000; DDG–51 destroyer program, $5,500,000: *Provided,* That contracts awarded for any DDG–51 class destroyers in fiscal year 1989 shall be made on the basis of a full and open competition among all technically qualified bidders regardless of prior contractual experience for construction of DDG–51 destroyers. More than two shipyards may not be utilized for this purpose unless the Secretary of the Navy certifies that the Five Year Defense Plan is sufficient to support cost effective construction at more than two shipyards; LHD–1 amphibious assault ship program, $752,900,000; LSD–41 cargo variant ship program, $258,000,000; TAO fleet oiler program, $256,400,000; AO conversion program, $44,100,000; Strategic sealift program, $43,400,000; TACS auxiliary crane ship program, $53,100,000; LCAC landing craft air cushion program, $36,500,000; For craft, outfitting, and post delivery, $328,400,000; In all: $16,155,355,000, to remain available for obligation until September 30, 1992: *Provided,* That additional obligations may be incurred after September 30, 1992, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction; and each Shipbuilding and Conversion, Navy, appropriation that is currently available for such obligations may also hereafter be so obligated after the date of its expiration: *Provided further,* That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: *Provided further,* That none of 101 STAT. 1329–55the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. Other Procurement, Navy For procurement, production, and modernization of support equipment and materials not otherwise provided for. Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of not to exceed 861 passenger motor vehicles of which 717 shall be for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, as follows: Ship support equipment, $812,891,000; Communications and electronics equipment, $1,656,886,000; Aviation support equipment, $674,615,000; Ordnance support equipment, $829,037,000; Cieering support equipment, $94,215,000; Suport equipment, $109,194,000; Personnel and command support equipment, $416,823,000; Spares and repair parts, $278,800,000; In all: $4,872,461,000, to remain available for obligation until September 30,1990. Coastal Defense Augmentation For the augmentation of United States Coast Guard inventories to meet national security requirements; $20,000,000, to remain available until expended: *Provided,* That these funds shall be for the procurement by the Department of Defense of vessels, aircraft, and equipment and for modernization of existing Coast Guard assets, which assets are to be made available to the Coast Guard for operation and maintenance. Procurement, Marine Corps For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including purchase of not to exceed 153 passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired and construction prosecuted thereon prior to approval of title; $1,295,599,000, to remain available for obligation until September 30,1990. Aircraft Procurement, Air Force For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private 101 STAT. 1329–56plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $12,956,827,000, to remain available for obligation until September 30, 1990: *Provided,* That none of the funds available to the Air Force may be obligated on B–1B bomber production contracts if such contracts would cause the production portion of the Air Force’s $20,500,000,000 estimate for the B–1B bomber baseline costs expressed in fiscal year 1981 constant dollars to be exceeded. Missile Procurement, Air Force For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $7,290,771,000, to remain available for obligation until September 30, 1990. Other Procurement, Air Force For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; for the purchase of not to exceed 1,313 passenger motor vehicles of which 1,260 shall be for replacement only; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, as follows: Munitions and associated equipment, $603,331,000; Vehicular equipment, $232,830,000; Electronics and telecommunications equipment, including $36,100,000 to complete procurement of relay nodes (towers) for the Ground Wave Emergency Network Program, $1,937,906,000; Other base maintenance and support equipment, $5,236,760,000; In all: $8,010,827,000, to remain available for obligation until September 30, 1990. 101 STAT. 1329–57 National Guard and Reserve Equipment For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons, and other procurement for the reserve components of the Armed Forces, as follows: Army Reserve, $85,000,000; Navy Reserve, $258,800,000; Marine Corps Reserve, $40,000,000; Air Force Reserve, $202,100,000; In all: $1,200,000,000, to remain available for obligation until September 30, 1990: *Provided,* That notwithstanding section 112(b) of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) $193,800,000 is available only for the procurement of six P–3 aircraft. Procurement, Defense Agencies For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed 535 passenger motor vehicles of which 524 shall be for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; $1,266,263,000, to remain available for obligation until September 30, 1990. Defense Production Act Purchases For purchases or commitments to purchase metals, minerals, or other materials by the Department of Defense pursuant to section 303 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093); $13,000,000, to remain available for obligation until September 30, 1990. TITLE IV RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Research, Development, Test, and Evaluation, Army For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $4,687,513,000, to remain available for obligation until September 30, 1989: *Provided,* That $3,500,000 shall be available as a one-time appropriation to conduct nutrition research activities at the Pennington Biomedical Research Center: *Provided further,* That none of the funds provided by this Act for the fiscal year 1988 support of the AFATDS program office shall be available for obligation beyond April 1,1988 unless the LFATDS procurement contract has been executed: *Provided further,* That with regard to programs, projects and activities funded by this appropriation, 101 STAT. 1329–58provisions of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) which provide that funds appropriated pursuant to such Act shall be available only for specific programs, projects and activities in specific dollar amounts shall be effective, except as follows: Army Tactical Missile System, $102,208,000; Electronic Warfare Programs, $85,000,000. Research, Development, Test, and Evaluation, Navy For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $9,493,546,000, to remain available for obligation until September 30, 1989: *Provided,* That $112,899,000 shall be made available only for the Advanced Submarine Technology Program as described in section 211 of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) and not less than $90,000,000 of this amount is to be allocated to development of hull, mechanical, electrical, and non-nuclear propulsion systems: *Provided further,* That funds made available for the SSN–21 Combat System shall not be obligated or expended except for a system design which incorporates at least four units of the Enhanced Modular Signal Processor: *Provided further,* That $1,800,000 shall be made available for personnel and other expenses for the Institute for Technology Development, as a grant, for the National Center for Physical Acoustics: *Provided further,* That notwithstanding section 203(a) of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180), $111,023,000 of funds provided in this section may be obligated or expended for the purpose of configuring the A–6 aircraft in the F model configuration: *Provided further,* That with regard to programs, projects and activities funded y this appropriation, provisions of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) which provide that funds appropriated pursuant to such Act shall be available only for specific programs, projects and activities in specific dollar amounts shall be effective, except as follows: Trident II, $1,050,463,000; Electronic Warfare Programs, $198,691,000: *Provided further,* That not less than $2,100,000 shall be available only for the National Bone Marrow Donor Registry and of that amount, $200,000 shall be available only to integrate independent bone marrow donor centers into the National Registry. Research, Development, Test, and Evaluation, Air Force For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $15,002,095,000, to remain available for obligation until September 30, 1989: *Provided,* That $91,500,000 of funds made available for the National Aerospace Plane
(NASP)Program may not be obligated or expended until the Secretary of Defense certifies that the Department of Defense and the National Aeronautics and Space Administration
(NASA)have negotiated revised funding arrangements for NASP development which significantly increase NASA investment as a percentage of total NASP research, development, test and evaluation costs: *Provided further,* That with 101 STAT. 1329–59regard to programs, projects and activities funded by this appropriation, provisions of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) which provide that funds appropriated pursuant to such Act shall be available only for specific programs, projects and activities in specific dollar amounts shall be effective, except as follows: Pave Tiger, $0; Industrial Preparedness, $85,000,000; Electronic Warfare Programs, $179,800,000. Research, Development, Test, and Evaluation, Defense Agencies (including transfer of funds) For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $7,631,825,000, to remain available for obligation until September 30, 1989: *Provided,* That such amounts as may be determined by the Secretary of Defense to have been available in other appropriations available to the Department of Defense during the current fiscal year or the following fiscal year, as appropriate, for programs related to advanced research may be transferred to and merged with either of the foregoing appropriations, as appropriate, to be available for the same purposes and time period as the appropriation to which transferred: *Provided further,* That during their period of availability, such amounts of the foregoing appropriations as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs to be merged with and to be available for the same time period as the appropriation to which transferred: *Provided further,* That $285,000,000 shall be made available only for the Defense Mapping Agency Exploitation Modernization Program: *Provided further,* That of the total amount available for obligation, $15,000,000 shall be made available only for the X-Ray Lithography Program: *Provided further,* That of the total amount available for obligation, $16,500,000 shall be made available through the Office of the Under Secretary of Defense for Acquisition only for bioenvironmental hazards research activities at universities, for associated facilities, and for other related purposes: *Provided further,* That of the total amount available for obligation, $7,000,000 shall be made available, as a grant, only for development of an engineering, sciences, and technology center to promote defense industry involvement in manpower training and education, for associated facilities, and for related purposes: *Provided further,* That of the total amount available for obligation, $5,000,000 is available only to complete a program begun in fiscal year 1986 for developing advanced semiconductor materials and devices, and to establish a program in parallel processing computing technology at that institution: *Provided further,* That of the total amount available for obligation, $25,000,000 shall be made available, as a grant, only to support a program of advanced compound and other semiconductor re-101 STAT. 1329–60search, and related materials research at university centers of excellence for design and test of semiconductors, micro fabrication techniques (microfabritech/MARTECH), and materials technologies sciences (microfabritech/MARTECH): *Provided further,* That of the total amount available for obligation for the Strategic Technology Program, $19,040,000 shall be made available only for an innovative manufacturing technology initiative in the Strategic Computing Program of the Defense Advanced Research Projects Agency, of which $13,000,000 shall be made available only for the Concurrent Design and Assembly Science and Technology Program: *Provided further,* That of the total amount available for obligation, $10,000,000 shall be made available only for a proposed Center for Compound Semiconductor Technology, at a major Department of Energy national weapons laboratory with a demonstrated expertise in both silicon and compound semiconductor microelectronics and possessing a state-of-the-art clean room and crystal growth facilities, to perform the materials processing and instrumentation studies necessary to develop compound semiconductor technology for high-speed optoelectronics: *Provided further,* That not more than 14 percent of funds made available in this Act for the University Research Initiative Program may be obligated or expended within any one State: *Provided further,* That of the total amount available for the Strategic Defense Initiative, not less than $150,000,000 may be obligated or expended only for the Advanced Launch System
(ALS)Program under Air Force management, and that of the funds made available for the ALS Program, not less than $70,000,000 shall be transferred to the National Aeronautics and Space Administration only for ALS propulsion activities: *Provided further,* That the funds appropriated by this Act for any activities associated directly or indirectly with the Advanced Launch System or any ALS variant shall be subject to the terms and conditions of section 5 of chapter II of title I of Public Law 100–71 (Supplemental Appropriations Act, 1987): *Provided further,* That of the amount available for obligation, $25,000,000 is available only for the Joint Standoff Weapons Program and may not be obligated or expended until the Secretary of Defense reports to the Committees on Appropriations of the Senate and the House of Representatives which standoff weapons will be supported with the available funds: *Provided further,* That of the amount available for obligation, $50,291,000 is available only for the Joint Remotely Piloted Vehicles
(RPV)Program and may not be obligated or expended until the Secretary of Defense submits to the Committees on Appropriations of the Senate and House of Representatives an updated RPV Master Plan fully explaining his decisions as to which RPVs will be supported with the available funds, and assessing the cooperation by the military services with efforts to coordinate RPV programs and to eliminate duplication within and among these programs: *Provided further,* That none of the funds provided for the activities of the Semiconductor Manufacturing Technology consortium known as “SEMATECH“ may be obligated or expended until the Secretary of Defense has entered into a memorandum of understanding with SEMATECH governing the use of such funds for research, development, test, and evaluation activities in the field of semiconductor manufacturing technology, and the Secretary of Defense submits, no later than March 31, 1988, a report to the Committees on Appropriations of the Senate and House of Representatives containing a copy of this memorandum: *Provided further,* That with regard to programs, projects and activi-101 STAT. 1329–61ties funded by this appropriation, provisions of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) which provide that funds appropriated pursuant to such Act shall be available only for specific programs, projects and activities in specific dollar amounts shall be effective, except as follows: LightSat, $35,000,000; University Research Initiatives, $85,000,000; Bioenvironmental Hazards Research, $16,500,000; High Temperature Superconductivity, $15,000,000. Developmental Test and Evaluation, Defense For expenses, not otherwise provided for, of independent activities of the Deputy Under Secretary of Defense, Developmental Test and Evaluation in the direction and supervision of developmental test and evaluation, including performance of joint developmental testing and evaluation; and administrative expenses in connection therewith; $182,116,000, to remain available for obligation until September 30,1989. Operational Test and Evaluation, Defense For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith; $70,221,000, to remain available for obligation until September 30, 1989. TITLE V REVOLVING AND MANAGEMENT FUNDS Army Stock Fund For the Army stock fund; $193,207,000. Navy Stock Fund For the Navy stock fund; $329,400,000. Air Force Stock Fund For the Air Force stock fund; $226,007,000. Defense Stock Fund For the Defense stock fund; $132,600,000. TITLE VI CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of 101 STAT. 1329–62the Department of Defense Authorization Act, 1986; $198,500,000, of which $97,000,000 shall remain available for obligation until September 30, 1988, $4,900,000 shall remain available for obligation until September 30, 1989, and $96,600,000 shall remain available for obligation until September 30, 1990. TITLE VII RELATED AGENCIES Central Intelligence Agency Retirement and Disability System Fund For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System; $134,700,000. Intelligence Community Staff For necessary expenses of the Intelligence Community Staff; $23,057,000. TITLE VIII GENERAL PROVISIONS Sec. 8001. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 8002. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Sec. 8003. During the current fiscal year, the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty stations and return as may be authorized by law: *Provided,* That such contracts may be renewed annually. Sec. 8004. During the current fiscal year, provisions of law[10 USC 1584 note](/us/usc/t10/s1584). prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. Sec. 8005. The Secretary of Defense and each purchasing and contracting agency of the Department of Defense shall assist American small and minority-owned business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by increasing, to an optimum level, the 101 STAT. 1329–63resources and number of personnel jointly assigned to promoting both small and minority business involvement in purchases financed with funds appropriated herein, and by making available or causing to be made available to such businesses, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by assisting small and minority business concerns to participate equitably as subcontractors on contracts financed with funds appropriated herein, and by otherwise advocating and providing small and minority business opportunities to participate in the furnishing of commodities and services financed with funds appropriated by this Act. Sec. 8006. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein. Sec. 8007. No part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdiction of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense. Such regulations
(1)may not require such flying except that required to maintain proficiency in anticipation of a member’s assignment to combat operations and
(2)such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. Sec. 8008. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of eighteen thousand pounds. Sec. 8009. No more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: *Provided,* That this section shall not apply to obligations for support of active duty training of civilian components or summer camp training of the Reserve Officers’ Training Corps, or the National Board for the Promotion of Rifle Practice, Army, or to the appropriations provided in this Act for Claims, Defense. Sec. 8010. During the current fiscal year, the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: *Provided,* That except as provided in 10 U.S.C. 2690, the foregoing authority shall not be available for the conversion of heating plants from coal to oil or coal to natural gas at defense facilities in Europe: *Provided further,* That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the 101 STAT. 1329–64Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. Sec. 8011. No part of any appropriation contained in this Act, except for small purchases in amounts not exceeding $10,000 shall be available for the procurement of any article or item of food, clothing, tents, tarpaulins, covers, cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials, or specialty metals including stainless steel flatware, or hand or measuring tools, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that satisfactory quality and sufficient quantity of any articles or items of food, individual equipment, tents, tarpaulins, covers, or clothing or any form of cotton or other natural fiber products, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, canvas products, wool, or specialty metals including stainless steel fiatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: *Provided,* That nothing herein shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its possessions when such procurement is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in furtherance of the standardization and interoperability of equipment requirements within NATO so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 2457 of title 10, United States Code: *Provided further,* That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: *Provided further,* That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: *Provided further,* That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. Sec. 8012. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by section 5901 of title 5, United States Code. Sec. 8013. Funds provided in this Act for legislative liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $14,362,000 for the current fiscal year: 101 STAT. 1329–65*Provided,* That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense: *Provided further,* That costs for military retired pay accrual shall be included within this limitation. Sec. 8014. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: *Provided,* That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil reserve air fleet. (transfer of funds) Sec. 8015. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $1,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: *Provided,* That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: *Provided further,* That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. (transfer of funds) Sec. 8016. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: *Provided,* That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that transfers between a stock fund account and an industrial fund account may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. Sec. 8017. Except as provided in 10 U.S.C. 2690, none of the funds available to the Department of Defense shall be utilized for the conversion of heating plants from coal to oil or coal to natural gas at defense facilities in Europe. Sec. 8018. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 days 101 STAT. 1329–66in advance to the Committees on Appropriations and Armed Services of the Senate and House of Representatives. Sec. 8019. No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress. Sec. 8020. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services under the provisions for section 1079(a) of title 10, United States Code, shall be available for reimbursement of any physician or other authorized individual provider of medical care in excess of the eightieth percentile of the customary charges made for similar services in the same locality where the medical care was furnished, as determined for physicians in accordance with section 1079(h) of title 10, United States Code. Sec. 8021. No appropriation contained in this Act may be used to pay for the cost of public affairs activities of the Department of Defense in excess of $46,951,000: *Provided,* That costs for military retired pay accrual shall be included within this limitation. Sec. 8022. None of the funds provided in this Act shall be available for the planning or execution of programs which utilize amounts credited to Department of Defense appropriations or funds pursuant to the provisions of section 37(a) of the Arms Export Control Act representing payment for the actual value of defense articles specified in section 21(a)(1)(A) of that Act: *Provided,* That such amounts shall be credited to the Special Defense Acquisition Fund, as authorized by law, or, to the extent not so credited shall be deposited in the Treasury as tniscellaneous receipts as provided in section 3302(b) of title 31, United States Code. Sec. 8023. No appropriation contained in this Act shall be available to fund any costs of a Senior Reserve Officers’ Training Corps unit—except to complete training of personnel enrolled in Military Science 4—which in its junior year class (Military Science 3) has for the four preceding academic years, and as of September 30, 1983, enrolled less than
(a)seventeen students where the institution prescribes a four-year or a combination four-and two-year program; or
(b)twelve students where the institution prescribes a two-year program: *Provided,* That, notwithstanding the foregoing limitation, funds shall be available to maintain one Senior Reserve Officers’ Training Corps unit in each State and at each State-operated maritime academy: *Provided further,* That units under the consortium system shall be considered as a single unit for purposes of evaluation of productivity under this provision: *Provided further,* That enrollment standards contained in Department of Defense Directive 1215.8 for Senior Reserve Officers’ Training Corps units, as revised during fiscal year 1981, may be used to determine compliance with this provision, in lieu of the standards cited above. Sec. 8024. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30,1989. Sec. 8025. None of the funds appropriated by this Act may be used to support more than 9,901 full-time and 2,603 part-time military personnel assigned to or used in the support of Morale, Welfare, and 101 STAT. 1329–67Recreation activities as described in Department of Defense Instruction 7000.12 and its enclosures, dated September 4,1980. Sec. 8026. All obligations incurred in anticipation of the appropriations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act. Sec. 8027. None of the funds appropriated by this Act or heretofore appropriated by any other Act shall be obligated or expended for the payment of anticipatory possession compensation claims to the Federal Republic of Germany other than claims listed in the 1973 agreement (commonly referred to as the Global Agreement) between the United States and the Federal Republic of Germany. Sec. 8028. During the current fiscal year, the Department of Defense may enter into contracts to recover indebtedness to the United States pursuant to section 3718 of title 31, United States Code. Sec. 8029. None of the funds appropriated by this Act shall be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines:
(a)as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work, or
(b)the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source, or
(c)where the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: *Provided,* That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. Sec. 8030. None of the funds appropriated by this Act shall be available to provide medical care in the United States on an inpatient basis to foreign military and diplomatic personnel or their dependents unless the Department of Defense is reimbursed for the costs of providing such care: *Provided,* That reimbursements for medical care covered by this section shall be credited to the appropriations against which charges have been made for providing such care, except that inpatient medical care may be provided in the United States without cost to military personnel and their dependents from a foreign country if comparable care is made available to a comparable number of United States military personnel in that foreign country. Sec. 8031. None of the funds appropriated by this Act shall be obligated for the second career training program authorized by Public Law 96–347. Sec. 8032. None of the funds appropriated or otherwise made available in this Act shall be obligated or expended for salaries or expenses during the current fiscal year for the purposes of demilitarization of surplus nonautomatic firearms less than .50 caliber. Sec. 8033. None of the funds provided in this Act shall be available to initiate
(1)a multiyear contract that employs economic order 101 STAT. 1329–68quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000, or
(2)a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the Committees on Appropriations and Armed Services of the Senate and House of Representatives have been notified at least thirty days in advance of the proposed contract award: *Provided,* That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: *Provided further,* That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: *Provided further,* That no multiyear procurement contract can be terminated without 10 day prior notification to the Committees on Appropriations and Armed Services of the House of Representatives and the Senate: *Provided further,* That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement. Funds appropriated in title III of this Act may be used for multiyear procurement contracts as follows: HEMTT (for two years); High mobility multipurpose wheeled vehicle; HAWK missile system; TOW II missile system: *Provided,* That a multiyear procurement contract shall not be awarded for TOW II until the Secretary of Defense has certified to the Congress that a multiyear procurement will be more economical than a second source acquisition. Sec. 8034. None of the funds appropriated by this Act which are available for payment of travel allowances for per diem in lieu of subsistence to enlisted personnel shall be used to pay such an allowance to any enlisted member in an amount that is more than the amount of per diem in lieu of subsistence that the enlisted member is otherwise entitled to receive minus the basic allowance for subsistence, or pro rata portion of such allowance, that the enlisted member is entitled to receive during any day, or portion of a day, that the enlisted member is also entitled to be paid a per diem in lieu of subsistence. Sec. 8035. None of the funds appropriated by this Act shall be available to approve a request for waiver of the costs otherwise required to be recovered under the provisions of section 21(e)(1)(C) of the Arms Export Control Act unless the Committees on Appropriations have been notified in advance of the proposed waiver. Sec. 8036. None of the funds in this Act may be used to transfer any article of military equipment or data related to the manufacture of such equipment to a foreign country prior to the approval in writing of such transfer by the Secretary of the military service involved. (transfer of funds) Sec. 8037. None of the funds appropriated in this Act may be made available through transfer, reprogramming, or other means between the Central Intelligence Agency and the Department of Defense for any intelligence or special activity different from that 101 STAT. 1329–69previously justified to the Congress unless the Director of Central Intelligence or the Secretary of Defense has notified the House and Senate Appropriations Committees of the intent to make such funds available for such activity. Sec. 8038. None of the funds available to the Department of Defense during the current fiscal year shall be used by the Secretary of a military department to purchase coal or coke from foreign nations for use at United States defense facilities in Europe when coal from the United States is available. Sec. 8039. None of the funds appropriated by this Act may be used to appoint or compensate more than 39 individuals in the Department of Defense in positions in the Executive Schedule (as provided in sections 5312–5316 of title 5, United States Code). Sec. 8040. Notwithstanding section 213(b) of the Joint Chiefs of Staff Reorganization Act of 1985 or any other provision of law, none of the funds in this or any other Act may be used to alter the command structure for military forces in Alaska. Sec. 8041. None of the funds appropriated by this Act shall be available to convert a position in support of the Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard occupied by, or programmed to be occupied by, a (civilian) military technician to a position to be held by a person in an active Guard or Reserve status if that conversion would reduce the total number of positions occupied by, or programmed to be occupied by, (civilian) military technicians of the component concerned, below 69,935: *Provided,* That none of the funds appropriated by this Act shall be available to support more than 46,890 positions in support of the Army Reserve, Army National Guard or Air National Guard occupied by, or programmed to be occupied by, persons in an active Guard or Reserve status: *Provided further,* That none of the funds appropriated by this Act may be used to include (civilian) military technicians in computing civilian personnel ceilings, including statutory or administratively imposed ceilings, on activities in support of the Army Reserve, Air Force Reserve, Army National Guard or Air National Guard. Sec. 8042. [10 USC 113 note](/us/usc/t10/s113).No later than April 8, 1988, and not later than April 8 of each year thereafter, the Secretary of Defense, in consultation with the Secretary of Commerce, shall submit to the Committees on Appropriations of the Senate and House of Representatives, a report detailing:
(a)the full cost of stationing United States troops overseas, including costs incurred in the United States and overseas in connection with such stationing,
(b)the overseas costs incurred in connection with operating, maintaining, and supporting United States troops overseas, including direct and indirect expenditures of United States funds in connection with such stationing, and
(c)the effect of such overseas expenditures on the United States’ balance-of-payments. Sec. 8043.
(a)The provisions of section 115(b)(2) of title 10, United States Code, shall not apply with respect to fiscal year 1988 or with respect to the appropriation of funds for that year.
(b)During fiscal year 1988, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year. 101 STAT. 1329–70 Sec. 8044. Notwithstanding any other provision of law, none of the funds made available by this Act shall be used by the Department to exceed, outside the fifty States of the United States and the District of Columbia, 188,496 civilian workyears: *Provided,* That workyears shall be applied as defined in the Federal Personnel Manual Supplement 298–2, Book IV: *Provided further,* That workyears expended in dependent summer hiring programs or hiring programs for disadvantaged youth shall not be included in this workyear limitation. (transfer of funds) Sec. 8045. Appropriations during the current fiscal year may be transferred to appropriations provided in this Act for research, development, test, and evaluation to the extent necessary to meet increased pay costs authorized by or pursuant to law, to be merged with and to be available for the same purposes, and the same time period, as the appropriation to which transferred. Sec. 8046. Notwithstanding any other provision of law, each contract awarded by the Department of Defense in fiscal year 1988 for construction or services performed in whole or in part in a State which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in such State that is not contiguous with another State, individuals who are residents of such State and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills: *Provided,* That the Secretary of Defense may waive the requirements of this section in the interest of national security. Sec. 8047. None of the funds appropriated by this or any other Act for fiscal year 1988 shall be available to pay the variable housing allowance authorized members of the uniformed services under section 403a of title 37, United States Code, in a total amount in excess of $1,115,261,000 or the amount computed for the current fiscal year under section 403a(d) of such title, whichever is less: *Provided,* That any reduction in the rates of the variable housing allowance necessitated by the foregoing limitation shall be made as provided in section 403a of title 37, United States Code. (rescissions) Sec. 8048.
(a)The following funds are hereby rescinded from the following accounts in the specified amounts: Aircraft procurement. Army, 1986/1988, $32,000,000; Aircraft procurement, Army, 1987/1989, $29,200,000; Missile procurement, Army, 1986/1988, $25,100,000; Missile procurement, Army, 1987/1989, $34,100,000; Procurement of weapons and tracked combat vehicles, Army, 1986/1988, $41,700,000; Procurement of weapons and tracked combat vehicles, Army, 1987/1989, $72,000,000; Procurement of ammunition. Army, 1987/1989, $7,200,000; Other procurement, Army, 1986/1988, $41,300,000; Other procurement, Army, 1987/1989, $65,593,000; Aircraft procurement, Navy, 1986/1988, $156,400,000; Aircraft procurement. Navy, 1987/1989, $261,900,000;101 STAT. 1329–71 Weapons procurement, Navy, 1986/1988, $161,200,000; Weapons procurement. Navy, 1987/1989, $227,800,000; Shipbuilding and conversion, Navy, 1984/1988, $134,100,000; Shipbuilding and conversion, Navy, 1985/1989, $94,600,000; Shipbuilding and conversion, Navy, 1986/1990, $20,000,000; Shipbuilding and conversion, Navy, 1987/1991, $155,600,000; Other procurement, Navy, 1986/1988, $32,361,000; Other procurement, Navy, 1987/1989, $225,614,000; Procurement, Marine Corps, 1986/1988, $47,600,000; Procurement, Marine Corps, 1987/1989, $15,000,000; Aircraft procurement, Air Force, 1986/1988, $278,521,000; Aircraft procurement, Air Force, 1987/1989, $659,600,000; Missile procurement, Air Force, 1985/1989, $40,100,000; Missile procurement, Air Force, 1986/1988, $122,446,000; Missile procurement, Air Force, 1987/1989, $11,500,000; Other procurement, Air Force, 1986/1988, $58,200,000; Procurement, Defense Agencies, 1986/1988, $31,000,000; Procurement, Defense Agencies, 1987/1989, $75,000,000; National Guard and Reserve Equipment, 1986/1988, $17,900,000; Research, development, test, and evaluation, Army, 1987/1988, $14,000,000; Research, development, test, and evaluation, Navy, 1987/1988, $67,495,000; Research, development, test, and evaluation. Air Force, 1987/1988, $266,000,000; Research, development, test, and evaluation, Defense Agencies, 1987/1988, $8,900,000;
(b)[100 USC 3979](/us/usc/t100/s3979).Section 1305 of Public Law 99–661 is amended in subsection
(b)by striking “that are enacted before December 31, 1986” and inserting in lieu thereof “and/or fiscal year 1988”. (transfer of funds) Sec. 8049. In addition to any other transfer authority contained in this Act, amounts from working capital funds may be transferred to the Operation and Maintenance appropriations contained in this Act to be merged with and to be available for the same purposes and for the same time period as the appropriation to which transferred: *Provided,* That such transfers shall not exceed $451,036,000 for Operation and Maintenance, Army; $813,400,000 for Operation and Maintenance, Navy; $14,738,000 for Operation and Maintenance, Marine Corps; and $888,881,000 for Operation and Maintenance, Air Force. Sec. 8050. None of the funds made available by this Act shall be used in any way for the leasing to non-Federal agencies in the United States aircraft or vehicles owned or operated by the Department of Defense when suitable aircraft or vehicles are commercially available in the private sector: *Provided,* That nothing in this section shall affect authorized and established procedures for the sale of surplus aircraft or vehicles: *Provided further,* That nothing in this section shall prohibit the leasing of helicopters authorized by section 1463 of the Department of Defense Authorization Act of 1986. Sec. 8051. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. 101 STAT. 1329–72 Sec. 8052. No funds available to the Department of Defense during the current fiscal year may be used to enter into any contract with a term of eighteen months or more or to extend or renew any contract for a term of eighteen months or more, for any vessel, aircraft or vehicles, through a lease, charter, or similar agreement without previously having been submitted to the Committees on Appropriations of the House of Representatives and the Senate in the budgetary process: *Provided,* That any contractual agreement which imposes an estimated termination liability (excluding the estimated value of the leased item at the time of termination) on the Government exceeding 50 per centum of the original purchase value of the vessel, aircraft, or vehicle must have specific authority in an appropriation Act for the obligation of 10 per centum of such termination liability. Sec. 8053. None of the funds made available by this Act shall be available to operate in excess of 247 commissaries in the contiguous United States. Sec. 8054. None of the funds provided in this Act shall be used to procure aircraft ejection seats manufactured in any foreign nation that does not permit United States manufacturers to compete for ejection seat procurement requirements in that foreign nation. This limitation shall apply only to ejection seats procured for installation on aircraft produced or assembled in the United States. Sec. 8055. None of the funds appropriated by this Act shall be obligated for the pay of any individual who is initially employed after the date of enactment of this Act as a technician in the administration and training of the Army Reserve and the maintenance and repair of supplies issued to the Army Reserve unless such individual is also a military member of the Army Reserve troop program unit that he or she is employed to support. Those technicians employed by the Army Reserve in areas other than Army Reserve troop program units need only be members of the Selected Reserve. Sec. 8056. None of the funds appropriated by this Act shall be used to purchase dogs or cats or otherwise fund the use of dogs or cats for the purpose of training Department of Defense students or other personnel in surgical or other medical treatment of wounds produced by any type of weapon: *Provided,* That the standards of such training with respect to the treatment of animals shall adhere to the Federal Animal Welfare Law and to those prevailing in the civilian medical community. Sec. 8057. None of the funds made available by this Act shall be used to initiate full-scale engineering development of any major defense acquisition program until the Secretary of Defense has provided to the Committees on Appropriations of the House and Senate—
(a)a certification that the system or subsystem being developed will be procured in quantities that are not sufficient to warrant development of two or more production sources, or
(b)a plan for the development of two or more sources for the production of the system or subsystem being developed. Sec. 8058. None of the funds available to the Department of Defense may be used for the floating storage of petroleum or petroleum products except in vessels of or belonging to the United States. 101 STAT. 1329–73 Sec. 8059. No more than $182,402,000 of the funds appropriated by this Act shall be available for the payment of unemployment compensation benefits. Sec. 8060. Of the funds made available to the Department of the Air Force in this Act, not less than $11,600,000 shall be available for the Civil Air Patrol. Sec. 8061. Funds available to the Department of Defense may be used by the Department of Defense for the use of helicopters and motorized equipment at Defense installations for removal of feral burros and horses. Sec. 8062.
(a)None of the funds appropriated by this Act shall be available to compensate foreign selling costs as described in Federal Acquisition Regulation 31.205–38(b) as in effect on April 1, 1984.
(b)Notwithstanding section 2324(e)(1)(H) of title 10, United States Code, and subsection
(a)of this section, appropriations contained in this Act shall be available for, and the Secretary of Defense shall pay, reasonable costs under covered contracts incurred to promote American aerospace exports at domestic and international exhibits. Sec. 8063. [10 USC 401 note](/us/usc/t10/s401).Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 403(a) of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 403(b) of chapter 20 of title 10, United States Code, and these obligations shall be reported to Congress on September 30 of each year: *Provided,* That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239. Sec. 8064. Notwithstanding any other provision of law, the Secretaries of the Army and Air Force may authorize the retention in an active status until age sixty of any officer who would otherwise be removed from an active status and who is employed as a National Guard or Reserve technician in a position in which active status in a reserve component of the Army or Air Force is required as a condition of that employment. Sec. 8065. It is the sense of the Congress that competition, which is necessary to enhance innovation, effectiveness, and efficiency, and which has served our Nation so well in other spheres of political and economic endeavor, should be expanded and increased in the provision of our national defense. Sec. 8066. None of the funds appropriated by this Act shall be available to pay a dislocation allowance pursuant to section 407 of title 37, United States Code, in excess of one month’s basic allowance for quarters. Sec. 8067. None of the funds available to the Department of Defense shall be obligated or expended to contract out any activity currently performed by the Defense Personnel Support Center in Philadelphia, Pennsylvania: *Provided,* That this provision shall not apply after notification to the Committees on Appropriations of the House of Representatives and the Senate of the results of the cost analysis of contracting out any such activity. Sec. 8068. Funds available for operation and maintenance under this Act, may be used in connection with demonstration projects and 101 STAT. 1329–74other activities authorized by section 1092 of title 10, United States Code. Sec. 8069. None of the funds appropriated by this Act shall be used to make contributions to the Department of Defense Education Benefits Fund pursuant to section 2006(g) of title 10, United States Code, representing the normal cost for future benefits under section 1415(c) of title 38, United States Code, for any member of the armed services who, on or after the date of enactment of this Act, receives an enlistment bonus under section 308a or 308f of title 37, United States Code; nor shall any amounts representing the normal cost of such future benefits be transferred from the Fund by the Secretary of the Treasury to the Administrator of Veterans’ Affairs pursuant to section 2006(d) of title 10, United States Code; nor shall the Administrator pay such benefits to any such member. Sec. 8070. None of the funds appropriated by this or any other Act for the Navy may be used to carry out an electromagnetic pulse program in the Chesapeake Bay area in connection with the Electromagnetic Pulse Radiation Environment Simulator for Ships (EMPRESS) program unless or until the Secretary of Defense certifies to the Congress that conduct of the EMPRESS program is essential to the national security of the United States and to achieving requisite military capability for United States naval vessels, and that the economic, environmental, and social costs to the United States of conducting the EMPRESS program in the Chesapeake Bay area are far less than the economic, environmental, and social costs caused by conducting the EMPRESS program elsewhere. Sec. 8071. Notwithstanding any other provision of law, during fiscal year 1988, the Department of Defense shall conduct an expanded pilot project of providing home health care as part of an individualized case-managed range of benefits that may reasonably deviate from otherwise payable types, amounts and levels of care, in up to four geographic areas containing no more than one-fourth of the Department’s beneficiaries, for dependents entitled to health care under sections 1079 and 1086 of title 10, United States Code, with the patients selected from those with exceptionally serious, long-range, costly and incapacitating physical or mental conditions defined by the Secretary of Defense as likely to benefit from the range of demonstration benefits: *Provided,* That although the cost may be greater in a specific case, the net benefit cost to the Department of Defense shall not exceed that which could reasonably have been expected to occur in the absence of the demonstration: *Provided further,* That outside of the areas selected, the home health care pilot project as directed and implemented in fiscal years 1986 and 1987 shall be continued. Sec. 8072. Funds appropriated in this Act shall be available for the payment of not more than 75 percent of the charges of a postsecondary educational institution for the tuition or expenses of an officer in the Ready Reserve of the Army National Guard or Army Reserve for education or training during his off-duty periods, except that no part of the charges may be paid unless the officer agrees to remain a member of the Ready Reserve for at least four years after completion of such training or education. Sec. 8073. Notwithstanding any other provision of law, none of the funds appropriated by this Act shall be available to pay more than 50 percent of an amount paid to any person under section 308 of title 37, United States Code, in lump sum. 101 STAT. 1329–75 Sec. 8074. None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of enactment of this Act, is performed by more than ten Department of Defense civilian employees until a most efficient and cost-effective organization analysis is completed on such activity or function and certification of the analysis is made to the Committees on Appropriations of the House of Representatives and the Senate. (transfer of funds) Sec. 8075. Upon a determination by the Secretary of Defense that such action will result in a more economical acquisition of automatic data processing equipment, funds provided in this Act under one appropriation account for the lease or purchase of such equipment may be transferred through the Automatic Data Processing Equipment Management Fund to another appropriation account in this Act for the lease or purchase of automatic data processing equipment to be merged with and to be available for the same purposes, and for the same time period, as the appropriation to which transferred: *Provided,* That within thirty days after the end of each quarter the Secretary of Defense shall report transfers made under this section to the Committees on Appropriations of the Senate and the House of Representatives: *Provided further,* That the authority to transfer funds under this section shall be in addition to any other transfer authority contained in this Act. Sec. 8076. Appropriations available to the Department of Defense during the current fiscal year shall be available, under such regulations as the Secretary of Defense may deem appropriate, to exchange or furnish mapping, charting, and geodetic data, supplies or services to a foreign country pursuant to an agreement for the production or exchange of mapping, charting, and geodetic data. Sec. 8077. None of the funds appropriated in this Act to the Department of the Army may be obligated for procurement of 120mm mortars or 120mm mortar ammunition manufactured outside of the United States: *Provided,* That this limitation shall not apply to procurement of such mortars or ammunition required for testing, evaluation, type classification or equipping the Army’s Ninth Infantry Division (Motorized). Sec. 8078. Appropriations made available to the Department of Defense by this Act may be used at sites formerly used by the Department of Defense for removal of unsafe buildings or debris of the Department of Defense: *Provided,* That such removal must be completed before the property is released from Federal Government control, other than property conveyed to State or local government entities or native corporations. Sec. 8079. Within the funds made available under title II of this Act, the military departments may use such funds as necessary, but not to exceed $2,400,000, to carry out the provisions of section 430 of title 37, United States Code. Sec. 8080. None of the funds appropriated in this Act may be obligated or expended to carry out a program to paint any naval vessel with paint known as organotin or with any other paint containing the chemical compound tributyltin until such time as the Environmental Protection Agency certifies to the Department of Defense that whatever toxicity as generated by organotin paints as included in Navy specifications does not pose an unacceptable 101 STAT. 1329–76hazard to the marine environment: *Provided,* That the Navy may use these funds to paint aluminum-hulled craft as necessary, and, in addition, the Navy may paint no more than fifteen steel-hulled ships to conduct research as described in the “Navy Organotin Program Plan for Two Case Study Harbors”. Sec. 8081. None of the funds appropriated by this Act shall be[10 USC 114 note](/us/usc/t10/s114). used for the support of any nonappropriated fund activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States, unless such malt beverages and wine are procured in that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: *Provided, *That in a case in which a military installation is located in more than one State, purchases may be made in any State in which the installation is located: *Provided further,* That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages for military installations in States which are not contiguous with another State: *Provided further,* That alcoholic beverages other than wine and malt beverages in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered. Sec. 8082. Notwithstanding any other provision of law, funds available in this Act shall be available to the Defense Logistics Agency to grant civilian employees participating in productivity-based incentive award programs paid administrative time off in lieu of cash payment as compensation for increased productivity. Sec. 8083. None of the funds appropriated in this Act to the Department of the Army may be obligated for depot maintenance of equipment unless such funds provide for civilian personnel strengths at the Army depots performing communicationselectronics depot maintenance at an amount above the strengths assigned to those depots on September 30, 1985: *Provided,* That the foregoing limitation shall not apply to civilian personnel who perform caretaker-type functions at these installations: *Provided further,* That nothing in this provision shall cause undue reductions of other Army depots, as determined by the Secretary of the Army. Sec. 8084.
(a)The Secretary of Defense shall award to a United States firm a contract pursuant to a solicitation issued on or after the date of enactment of this Act under the Department of Defense overseas fuel procurement programs that would otherwise be awarded to a foreign firm if such United States firm—
(1)has a crude oil refining capacity of not more than 85,000 barrels a day;
(2)participates in the Department of Defense overseas fuel procurement program;
(3)agrees to the contract on the terms proposed by the foreign firm to which the contract would otherwise be awarded; and
(4)does not use processing agreements in order to fulfill the contract.
(b)This provision shall not apply if the total cost of supplies offered by the United States firm, including transportation as specified in the solicitation, would exceed the total evaluated cost to the Government if the contract were awarded to the foreign firm.
(c)This provision shall not supersede any status of forces agreement and shall not apply to acquisitions subject to the Agreement on Government Procurement of 1979 and the Trade Agreements Act 101 STAT. 1329–77of 1979 (19 U.S.C. 2501–2582) and including acquisitions from countries designated under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701, et seq.).
(d)For purposes of this section, the term “United States firm” means a corporation, partnership, association, joint stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States. Sec. 8085.
(a)None of the funds made available by this Act to the Department of Defense may be used to procure the Federal Supply Classes of machine tools set forth in subsection
(b)of this section, for use in any Government-owned facility or property under control of the Department of Defense, which machine tools were not manufactured in the United States or Canada.
(b)The procurement restrictions contained in subsection
(a)shall apply to Federal Supply Classes of metalworking machinery in categories numbered 3408, 3410–3419, 3426, 3433, 3441–3443, 3446, 3448, 3449, 3460, and 3461.
(c)When adequate domestic supplies of the classifications of machine tools identified in subsection
(b)are not available to meet Department of Defense requirements on a timely basis, the procurement restrictions contained in subsection
(a)may be waived on a case by case basis by the Secretary of the Service responsible for the procurement.
(d)Subsection
(a)shall not apply to contracts which are binding as of the date of enactment of this Act. Sec. 8086. None of the funds appropriated or made available by this Act may be obligated for acquisition of major automated information systems which have not successfully completed oversight reviews required by Defense Department regulations: *Provided,* That none of the funds appropriated or made available by this Act may be obligated on Composite Health Care System acquisition contracts if such contracts would cause the total life cycle cost estimate of $1,100,000,000 expressed in fiscal year 1986 constant dollars to be exceeded. Sec. 8087. Notwithstanding any other provision of law, appropriations available to the Department of Defense during the current fiscal year shall be available to make payments to a hospital that obtains 6 percent or more of its operating funds from contributions and that limits the care it provides to the treatment of heart and lung conditions: *Provided,* That payment may not be denied for a claim for otherwise reimbursable services submitted under a plan contracted for under sections 1079(a) and 1086(a) of title 10, United States Code, solely on the basis that such hospital does not impose a legal obligation, including a patient cost share or deductible, on its patients to pay for such services. Sec. 8088. The Secretary of Defense shall take such action as necessary to assure that a minimum of 50 percent of the polyacrylonitrile
(PAN)carbon fiber requirement be procured from domestic sources by 1992: *Provided,* That the annual goals to achieve this requirement be as follows: 15 percent of the total DoD requirement by 1988; 15 percent of the total DoD requirement by 1989; 20 percent of the total DoD requirement by 1990; 25 percent of the total DoD requirement by 1991; and 50 percent of the total DoD requirement by 1992. 101 STAT. 1329–78 Sec. 8089.
(a)Section 9102 of the Department of Defense[10 USC 114 note](/us/usc/t10/s114). Appropriations Act, 1987 (as included in Public Laws 99–500 and 99–591) is repealed;
(b)of the funds appropriated by this Act not more than $1,190,923,000 may be obligated for morale, welfare, and recreation activities: *Provided,* That such funds may be spent in accordance with the criteria set forth in the Report of the Assistant Secretary of Defense (Force Management and Personnel) to the Congress entitled “Reassessment of the Department of Defense Morale, Welfare and Recreation Programs” dated August 10, 1987: *Provided further,* That nonappropriated funds may be used to reimburse appropriated funds for expenses of civilian employees employed on January 1, 1987, by revenue-generating recreation activities and such reimbursed expenses shall not be included in the dollar limitation of this section. Sec. 8090.
(a)The Secretary of the Navy (hereinafter in this section referred to as the “Secretary”) is authorized to convey to the Philadelphia Municipal Authority, a State authority, (hereinafter in this section referred to as the “PMA”), all right, title, and interest of the United States in and to approximately 29 acres of land located in the United States Naval Base, Philadelphia, Pennsylvania, together with any improvements thereon.
(b)The exact acreage and legal description of the lands to be conveyed under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the PMA.
(c)In consideration for any conveyance authorized under subsection (a), the PMA shall pay to the United States an amount equal to the fair market value of the property to be conveyed (as determined by the Secretary).
(d)The Secretary may require such additional terms and conditions with respect to the conveyance under this section as he considers appropriate to protect the interests of the United States.
(e)In addition to the authority provided in subsection
(a)and pursuant to section 2394 of title 10, United States Code, the Secretary, upon his determination that there is an economic advantage to the Navy, is authorized to enter into a long-term contract with the PMA for the purchase of steam generated from a facility to be constructed upon the land authorized to be conveyed herein. Sec. 8091. Notwithstanding any other provision of law, appropriations made available in this Act may be used for the procurement, product improvement and modification of the Copperhead projectile, without regard to whether or not a second production source program or contract has been established for this program if the cretary of Defense determines that such expenditures are in the interest of the Government of the United States: *Provided,* That prior year unobligated balances of funds appropriated for Other Procurement, Navy for procurement of the five inch guided projectile (other than those required for production qualification efforts) shall be available for obligation only after the Secretary of the Navy certifies to the Committees on Appropriations of the House of Representatives and Senate that
(1)procurement funding is included in the fiscal year 1989 Navy five year budget,
(2)it will be competitively procured, and
(3)procurement will be on a firm fixed price contract with a procurement unit cost of not to exceed $29,000 per round. Sec. 8092. Except where specifically increased or decreased elsewhere in this Act, the restrictions contained within appropriations, 101 STAT. 1329–79or provisions affecting appropriations or other funds, available during fiscal year 1988, limiting the amount which may be expended for personnel services, and including pay and allowances of military personnel and civilian employees, or for purposes involving personal services, or amounts which may be transferred between appropriations or authorizations available for or involving such services, are hereby increased to the extent necessary to meet increased pay costs authorized by or pursuant to law. Sec. 8093. None of the funds appropriated or made available by this or any other Act with respect to any fiscal year may be used by any Department, agency, or instrumentality of the United States to purchase electricity in a manner inconsistent with State law governing the provision of electric utility service, including State utility commission rulings and electric utility franchises or service territories established pursuant to State statute, State regulation, or State-approved territorial agreements: *Provided,* That nothing in this section shall preclude the head of a Federal agency from entering into a contract pursuant to 42 U.S.C. 8287; nor shall it preclude the Secretary of a military department from entering into a contract pursuant to 10 U.S.C. 2394 or from purchasing electricity from any provider when the utility or utilities having applicable State-approved franchise or other service authorizations are found by the Secretary to be unwilling or unable to meet unusual standards for service reliability that are necessary for purposes of national defense. Sec. 8094. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency. Sec. 8095. Funds appropriated by this Act for construction projects of the Central Intelligence Agency, which are transferred to another Agency for execution, shall remain available until expended. Sec. 8096. The Secretary of Defense shall submit a quarterly report of cumulative reprogrammings from any project or program in excess of an initial $10,000,000 in total for procurement and an initial $4,000,000 in total for research and development. The initial report shall cover the quarter ending March 31, 1988, and include funds in this and prior appropriation Acts. Sec. 8084.
(a)The Secretary of Defense shall conduct through the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) a demonstration project on the treatment of alcoholism designed to compare the use of chemical aversion therapy with the use of other treatments. At the conclusion of the demonstration project, the Secretary shall submit to the Committees on Appropriations and Armed Services of the Senate and House of Representatives a report on the results of the project: *Provided,* That the demonstration project shall be conducted at only one location: *Provided further,* That coverage for chemical aversion therapy under this demonstration project is extended to those beneficiaries referred for such treatment by a physician, psychiatrist or psychologist recognized as an authorized provider under CHAMPUS.
(b)Until the report required by subsection
(a)is submitted, the Secretary of Defense shall ensure that coverage of beneficiaries under section 1079(a) or 1086(a) of title 10, United States Code, shall continue under the provisions of subsection (a). 101 STAT. 1329–80 Sec. 8098. Notwithstanding the provisions of section 2401, title 10, United States Code, or of any other provision of law which would limit lease or charter terms to less than five years, the Navy is authorized to enter into agreements to construct and charter up to six clean product tankers of adequate cargo capacity to replace the SEALIFT-class tankers now in service. Tankers constructed under the terms of this section must be constructed in a shipyard of the United States in accordance with section 10–(d), title 41, United States Code. Sec. 8099. The Secretary of the Army, as Executive Agent for the Department of Defense, may authorize activities on the part of the Armed Forces in celebration of the Bicentennial of the Constitution, and in support of Congressional Bicentennial activities. Such sums as are necessary to pay the expenses of these activities shall be made available from funds otherwise appropriated to the Department of Defense, except that such funds shall not be counted against the limitation on funds available for public affairs or legislative liaison activities of the Department of Defense. Sec. 8100. Upon a certification by the Chief, National Guard Bureau, to the Committees on Appropriations and Armed Services of the Senate and House of Representatives that complete delivery of 530 M939A2 trucks cannot be accomplished by February 1, 1989, and that the total cost of a contract for M939A1 trucks will not exceed the cost of a contract for M939A2 trucks for the same number of trucks to be acquired under the M939A1 contract, appropriations made in this Act, or in the Department of Defense Appropriations Acts for fiscal year 1986 and for fiscal year 1987 under the heading “National Guard and Reserve Equipment”, may be used to acquire M939A1 trucks. Sec. 8101. None of the funds appropriated by this Act shall be available for the operation and maintenance of contractor-owned, contractor-operated primary health care facilities unless the Department of Defense Inspector General agrees to conduct an inspection, audit and evaluation of these clinics. Sec. 8102. Funds provided by this Act for the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) may be used by the Office of CHAMPUS to conduct a pilot project to provide program modifications and efficiencies by amending up to two existing fiscal intermediary contracts: *Provided,* That the Secretary of Defense conducts a separate health care demonstration project, if it is in the best interests of the Government, in the New Orleans, Louisiana area (the area described in Solicitation Number MDA903-87-R-0047) that uses a managed health care network, including health care enrollment (as provided for in section 1099, title 10, United States Code): *Provided further,* That the Secretary shall implement this demonstration project no later than September 30, 1988. Sec. 8103. Notwithstanding any other provision of law, the Secretary of the Navy may use funds appropriated to charter ships to be used as auxiliary minesweepers providing that the owner agrees that these ships may be activated as Navy Reserve ships with Navy Reserve crews used in training exercises conducted in accordance with law and policies governing Naval Reserve forces. Sec. 8104.
(a)None of the funds in this Act may be used to award a contract for the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) Reform Initiative that exceeds the total fiscal year 1987 costs for CHAMPUS care provided in Califor-101 STAT. 1329–81nia and Hawaii, plus normal and reasonable adjustments for price and program growth.
(b)[10 USC 1103 note](/us/usc/t10/s1103).Notwithstanding section 725 of Public Law 100–180, the preemption provisions of title 10, United States Code, chapter 55, section 1103, shall not be limited to contractual provisions relating to coverage of benefits, but shall apply to any and all contracts entered into pursuant to Solicitation Number MDA-903-87-R-0047 and shall preempt any and all State and local laws or regulations which relate to health insurance or to prepaid health care plans. Sec. 8105. None of the funds appropriated by this Act may be used by the Defense Logistics Agency to assign a supervisor’s title or grade when the number of people he or she supervises is considered as a basis for this determination: *Provided,* That savings that result from this provision are represented as such in future budget proposals. Sec. 8106. Appropriations made available in this Act by the appropriation “Operation and maintenance, Army” shall be available for logistical support and personnel services required to complete Department of Defense support for the Tenth International Pan American Games. Sec. 8107. Of funds identified in chapter IIIA, section 5(b) of the Urgent Supplemental Appropriations Act, 1986 (Public Law 99–349), the $18,500,000 made available for purchase of an HC–130 tanker and the $12,000,000 made available for purchase of an aerostat radar system shall be available only for procurement and installation, including site preparations, of aerostat radars. Sec. 8108. None of the funds appropriated by this Act shall be used to make contributions to the Department of Defense Education Benefits Fund pursuant to section 2006(g) of title 10, United States Code, representing the normal cost for future benefits under section 1415(c) of title 38, United States Code, for any member of the armed services who, on or after the date of the enactment of this Act, enlists in the armed services for less than three years; nor shall any amounts representing the normal cost of such future benefits be transferred from the Fund by the Secretary of the Treasury to the Administrator of Veterans Affairs pursuant to section 2006(d) of title 10, United States Code; nor shall the Administrator pay such benefits to any such member: *Provided,* That these limitations shall not apply to members in combat arms skills. Sec. 8109. Of the funds made available in this Act, the Department of Defense shall transfer $1,342,000 to the Bureau of Land Management appropriation account for fire management to be used for repair and replacement of materials destroyed by fire, to be merged with, and such funds are to be awarded for the same purposes and for the same time period as the appropriation to which transferred. Sec. 8110. None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Administrator of Veterans Affairs from the Department of Defense Education Benefits Fund when the time spent as a full-time student is credited toward completion of a service commitment: *Provided,* That this provision shall not apply to those members who have reenlisted with this option prior to October 1, 1987: *Provided further,* That this provision applies to active components of the Army. 101 STAT. 1329–82 Sec. 8111. Of the funds made available in this Act for military personnel appropriations, up to $2,800,000 may be available for the purposes of section 638 of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180). Sec. 8112. Funds appropriated or made available in this Act shall be obligated and expended to continue to fully utilize the facilities at the United States Army Engineer’s Waterways Experiment Station, including the continued availability of the supercomputer capability and the planned upgrade of this capability: *Provided,* That none of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the Armed Services and Appropriations Committees of Congress that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. Sec. 8113. The Secretary of Defense shall take such action as may be necessary to implement at the earliest practicable date and with funds provided for such purpose by section 8110 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99–190; 99 Stat. 1222), the program proposed by the Department of Defense in a letter dated August 30, 1985, from the Assistant Secretary of Defense for Acquisition and Logistics to rehabilitate and convert current steam generating plants at defense facilities in the United States to coal burning facilities in order to achieve a coal consumption target of 1,600,000 short tons of coal per year (including at least 300,000 short tons of anthracite coal) above current consumption levels at Department of Defense facilities in the United States by fiscal year 1994: *Provided,* That such action shall be subject to the use of only the most cost effective fuel system in the construction of new plants or the conversion of existing plants: *Provided further,* That during fiscal year 1988, the amount of anthracite coal purchased by the Department shall be at least 300,000 short tons: *Provided further,* That the funds identified in section 8110 of Public Law 99–190 shall continue to be made available until expended to be used on a non-reimbursable basis for the administrative costs of this program. Sec. 8114. For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119), the term program, project, and activity for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 1988, the accompanying House and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes, and the P–1 and R–1 budget justification documents as subsequently modified by Congressional action: *Provided, however,* that the following exception to the above definition shall apply: For the Military Personnel and the Operation and Maintenance accounts, the term “program, project, and activity” is defined as the appropriations accounts contained in the Department of Defense Appropriations Act. Sec. 8115.
(a)Of the funds appropriated to the Army, $90,895,000 shall be available only for the Reserve Component Automation System (RCAS): *Provided,* That none of these funds can be expended: 101 STAT. 1329–83
(1)except as approved by the Chief of the National Guard Bureau;
(2)unless RCAS resource management functions are performed by the National Guard Bureau;
(3)unless the RCAS contract source selection official is the Chief of the National Guard Bureau;
(4)to pay the salary of an RCAS program manager who has not been selected and approved by the Chief of the National Guard Bureau and chartered by the Chief of the National Guard Bureau and the Secretary of the Army;
(5)unless the Program Manager
(PM)charter makes the PM accountable to the source selection official and fully defines his authority, responsibility, reporting channels and organizational structure;
(6)to pay the salaries of individuals assigned to the RCAS program management office, source selection evaluation board, and source selection advisory board unless such organizations are comprised of personnel chosen jointly by the Chiefs of the National Guard Bureau and the Army Reserve;
(7)to award a contract for development or acquisition of RCAS unless such contract is competitively awarded under procedures of OMB Circular A–109 for an integrated system consisting of software, hardware, and communications equipment and unless such contract precludes the use of Government furnished equipment, operating systems, and executive and applications software; and
(8)unless RCAS performs its own classified information processing.
(b)None of the funds appropriated in this Act are available for procurement of Tactical Army Combat Service Support Computer Systems (TACCS) unless at least fifty percent of the TACCS computers procured with Army fiscal year 1988 funds are provided to the Reserve Component.
(c)None of the funds appropriated in this Act are available for procurement of mini-and micro-computers for the Army Reserve Component until the RCAS contract is awarded. Sec. 8116. Whereas a verifiable treaty eliminating United States and Soviet medium-and short-range nuclear ballistic missiles in Europe would enhance United States and European security; Whereas the Congress supports the President’s goal of reducing United States and Soviet conventional forces in Europe and reducing United States and Soviet strategic nuclear forces; Whereas it is important the Congress and the President be in agreement on United States national security goals and objectives in order for the United States to be in the strongest possible position to negotiate with the Soviet Union future reductions in conventional and strategic nuclear forces; Whereas the Congress strongly opposes the undercutting of these arms reduction negotiations by either the United States or the Soviet Union through unnecessary military initiatives or counter-productive arms control proposals; Whereas no decision has been made on the development or deployment of strategic defenses; Therefore, it is the sense of the Congress that—
(1)in order to maintain the basis for strong deterrence, the Strategic Defense Initiative
(SDI)should be a long-term and robust research program to provide the United States with 101 STAT. 1329–84expanded options for responding to a Soviet breakout from the 1972 Anti-Ballistic Missile Treaty and to respond to other future Soviet arms initiatives that might pose a grave threat to United States national security;
(2)by expanding potential United States strategic options the SDI research program can enhance United States leverage in the United States-Soviet arms reduction negotiations and serve as a safeguard for ensuring that negotiated agreements are kept;
(3)future research plans and budgets for SDI must be established using realistic projections of available resources in the overall defense budget and must not undercut other important Department of Defense programs; and
(4)in matching research priorities against available resources, the primary emphasis of SDI should be to explore promising new technologies, such as directed energy technologies, which might have long-term potential to defend against a responsive Soviet offensive nuclear threat. Sec. 8117. From funds available in this Act for Research, Development, Test, and Evaluation, Army, the Army shall expeditiously and without further delay complete development and operational testing of the M72E4, type classify the weapon, and acquire a technical data package. Sec. 8118. None of the funds provided for the Department of Defense in this Act may be obligated or expended for fixed price-type contracts in excess of $10,000,000 for the development of a major system or subsystem unless the Under Secretary of Defense for Acquisition determines, in writing, that program risk has been reduced to the extent that realistic pricing can occur, and that the contract type permits an equitable and sensible allocation of program risk between the contracting parties: *Provided,* That the Under Secretary may not delegate this authority to any persons who hold a position in the Office of the Secretary of Defense below the level of Assistant Secretary of Defense: *Provided further,* That the Under Secretary report to the Committees on Appropriations of the Senate and House of Representatives in writing, on a quarterly basis, the contracts which have obligated funds under such a fixed price-type developmental contract. Sec. 8119. Monetary limitations on the purchase price of a passenger motor vehicle shall not apply to vehicles purchased for intelligence activities conducted pursuant to Executive Order 12333 or successor orders. Sec. 8120. Not to exceed $25,000,000 of the funds appropriated in this Act to the Department of the Army may be used to fund the construction of classified military projects within the Continental United States, including design, architecture, and engineering services. Sec. 8121. From the amounts appropriated in this Act, funds shall be available for Naval Air Rework Facilities to perform manufacturing in order to compete for production contracts of Defense articles: *Provided,* That the Navy shall certify that successful bids between Naval Air Rework Facilities and private companies for such production contracts include comparable estimates of all direct and indirect costs: *Provided further,* That competitions conducted under this authority shall not be subject to section 502 of the Department of Defense Authorization Act, 1981, as amended, section 307 of the 101 STAT. 1329–85Department of Defense Authorization Act, 1985, or Office of Management and Budget Circular A–76. Sec. 8122. [10 USC 194 note](/us/usc/t10/s194).Nothing in section 102d(1) of Public Law 100–178, section 601(b)(2)(A) of Public Law 99–433 (100 Stat. 1065), or section 601(d) of Public Law 99–433 (100 Stat. 1065) shall be construed as requiring or suggesting that the Secretary of Defense avoid allocating personnel reductions to the Defense Intelligence Agency. Sec. 8123. Notwithstanding any other provision of law, the Department of Defense may waive Federal regulations concerning wage rates for authorized civilian employees hired for certain health care occupations: *Provided,* That only those occupations cited in the June 30, 1988, report to be submitted by the Assistant Secretary of Defense for Health Affairs shall be covered by this provision. Sec. 8124. None of the funds available to the Department of Defense are available for obligation or expenditure to procure either directly or indirectly any goods or services from Toshiba Corporation or any of its subsidiaries, or from Kongsberg Vapenfabrik1111 Copy read “Vapenfabrikk”. or any of its subsidiaries: *Provided,* That the Secretary of Defense may, on a case-by-case basis, waive the preceding prohibition upon a written determination to the Committees on Appropriations of the House of Representatives and the Senate that compliance would be detrimental to United States national security interests: *Provided further,* That the above provision shall not be effective until ninety days after enactment of this Act. Sec. 8125.
(a)None of the funds available to the Department of Defense may be used for procurement of welded shipboard anchor chain and mooring chain (of all types four or less inches in diameter) manufactured outside of the United States or Canada.
(b)When adequate domestic supplies of welded shipboard anchor chain and mooring chain (of all types four or less inches in diameter) are not available to meet Department of Defense requirements on a timely basis, the procurement restrictions contained in subsection
(a)may be waived on a case-by-case basis by the Secretary of the Service responsible for the procurement.
(c)Subsection
(a)shall not apply to contracts which are binding as of the date of enactment of this Act. Sec. 8126. Except as provided in section 2690 of title 10, United States Code, none of the funds available to the Department of Defense may be used for the consolidation or conversion of heating plants at defense facilities in Europe from coal to district heating distribution systems: *Provided,* That this provision shall not apply to facilities for which consolidation or construction contracts were entered into before September 30,1987. Sec. 8127. During the current fiscal year, notwithstanding any other provision of law, the Department of Defense shall exclude from diagnosis related groups regulations:
(a)inpatient hospital services in a hospital whose patients are predominantly under 18 years of age and
(b)such services in any hospital with respect to
(1)discharges involving newborns and infants who are less than 29 days old upon admission (other than discharges classified to diagnosis related group 391),
(2)discharges involving pediatric bone marrow transplants,
(3)discharges involving children who have been determined to be HIV seropositive, and
(4)discharges involving pediatric cystic fibrosis: *Provided,* That the Department of Defense shall ensure that beneficiaries not be required to pay more in cost-101 STAT. 1329–86shares under the foregoing exclusions than those which would have been imposed if the diagnosis related group system had been instituted: *Provided further,* That notwithstanding any other provision of law, appropriations available to the Department of Defense may be used to pay the difference between the cost-shares paid by beneficiaries under the foregoing and the billed charges for services covered by this provision. Sec. 8128. None of the funds available for programs administered by the Assistant Secretary of the Army for Civil Works in this or any other Act hereafter are available to continue, initiate, review, complete, or approve A–76 studies on contracting out for any reservoir area in the State of Mississippi administered by the Corps of Engineers unless specified in appropriation bills. Sec. 8129. None of the funds in this Act or any other funds available to commissaries and exchanges may be used to purchase or sell any Toshiba products in those commissaries or exchanges: *Provided,* That the above provision shall not be effective until ninety days after enactment of this Act. (transfer of funds) Sec. 8130. Of the funds appropriated in this Act and from funds appropriated to the Department of Defense in prior years that remain available for obligation, $316,000,000 may be transferred from any appropriation, except appropriations made available to the Department of the Army, to any appropriate Air Force appropriation, and thirty legislative days after notification of such transfers to the Committees on Appropriations and Armed Services of the House of Representatives and the Senate and without objection of the Committees within that thirty legislative day period, such transfers may be used for activities related to the space launch recovery program, to be merged with and to be available for the same purposes, and the same time period, as the appropriation to which transferred: *Provided,* That none of the funds transferred pursuant to this paragraph may be obligated or expended for the space launch recovery program until the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration have submitted the plan required by section 5(a) of chapter II of title I of Public Law 100–71 (101 Stat. 398): *Provided further,* That the authority to transfer funds under this section shall be in addition to any other transfer authority contained in this Act. Sec. 8131. Notwithstanding any other provision of law, the Secretary of the Air Force shall, from existing prior year funds, make available the additional $18,000,000 necessary to complete the $28,700,000 development and qualification program of the next generation trainer engine (F–109) over the next three-year period: *Provided,* That none of the funds may be obligated or expended until the Air Force submits a report to the Committees on Appropriations which identifies the specific Air Force aircraft on which the F–109 engine will be used. (transfer of funds) Sec. 8132. Notwithstanding any other provision of law, the Department of Defense may transfer prior year unobligated balances and funds appropriated in this Act to the operation and maintenance appropriations of the reserve components for the purpose of providing military technician pay the same exemption from 101 STAT. 1329–87sequestration set forth in the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119) as that granted the other military personnel accounts: *Provided,* That any transfer made pursuant to any use of the authority provided by this provision shall be limited so that the amounts reprogrammed to the operation and maintenance appropriations of the reserve components do not exceed the amounts sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119): *Provided further,* That the authority to make transfers pursuant to this section is in addition to the authority to make transfers under other provisions of this Act: *Provided further,* That the Secretary of Defense may proceed with such transfer after notifying the Appropriations Committees of the House of Representatives and the Senate twenty legislative days before any such transfer of funds under this provision and if no objection is expressed within that twenty legislative day period. (transfer of funds) Sec. 8133. Funds appropriated in this Act and from funds appropriated to the Department of Defense in prior years that remain available for obligation, $100,000,000 may be transferred from any such appropriation to Aircraft Procurement, Air Force, for the procurement of six replacement aircraft for the Flight Inspection Program, to be merged with and to be available for the same purposes, and the same time period, as the appropriation to which transferred: *Provided,* That the authority to transfer funds under this section shall be in addition to any other transfer authority contained in this Act. Sec. 8134. None of the funds appropriated by this Act may be used to carry out full-scale engineering development or deployment on the project under the Strategic Defense Initiative designated on September 1, 1987, as the Space-Based Interceptor
(SBI)Project. Sec. 8135. Sections 4, 431, and 634 of the National Defense Authorization Act for fiscal years 1988 and 1989 (Public Law 100–180) are hereby repealed. Sec. 8136. Notwithstanding any other provision of law, during fiscal year 1988, the Secretary of Defense shall make available to the United States Coast Guard without reimbursement not less than $105,000,000 in supplies, fuel, training assistance, and other operational support, exclusive of administrative costs, including $5,000,000 for the completion of development of a low-frequency, lightweight, portable sonar for the Coast Guard’s antisubmarine warfare mission requirements, in addition to such assistance as would ordinarily be provided in the absence of this provision: *Provided,* That such items shall be deemed Department of Defense expenditures for Coast Guard defense related activities: *Provided further,* That from funds provided for “Aircraft Procurement, Navy, fiscal year 1987”, $33,000,000 shall be available for procurement and installation of APG–66 radar and other sensors for HU–25 aircraft and seabased aerostat radar systems in support of the Coast Guard Drug Interdiction Program. Sec. 8137. President of U.S.The President shall submit in his budget proposals to the Congress for fiscal year 1989 an arrangement for the Ready 101 STAT. 1329–88Reserve Fleet in which funding and program responsibilities are consolidated in a single Federal organization. Sec. 8138. It is the sense of the Congress that the Secretary of Defense should name one of the new nuclear aircraft carriers appropriated in fiscal year 1988 the U.S.S. JOHN C. STENNIS. (transfer of funds) Sec. 8139. In addition to the amounts appropriated or otherwise made available in this Act, $875,000,000 is appropriated to fully fund the military pay raise with any remaining balance of the appropriation available to fund the civilian pay raise as authorized by law: *Provided,* That such amounts shall be transferred and merged with “Military Personnel” and “Operation and Maintenance” appropriations accounts as applicable and that such transfer authority shall be in addition to that provided elsewhere in this Act: *Provided further,* That such sums as may be necessary for authorized pay raise costs in excess of this appropriation shall be accommodated within the levels appropriated in this Act. Sec. 8140. None of the funds available to the Department of the Navy may be used to enter into any contract for the overhaul, repair, or maintenance of any naval vessel on the West Coast of the United States which includes charges for interport differential as an evaluation factor for award. Sec. 8141. No naval vessel or any vessel owned and operated by the Department of Defense homeported in the United States may be overhauled, repaired, or maintained in a foreign owned and operated shipyard located outside of the United States, except for voyage repairs. Sec. 8142.
(a)Section 38(b)(1) of the Arms Export Control Act (22 U.S.C. 2778(b)(D) is amended—
(1)by inserting “(A)” before “As prescribed in”; and
(2)by adding at the end the following: " “(B) The prohibition under such regulations required by the second sentence of subparagraph
(A)shall not extend to any military firearms (or ammunition, components, parts, accessories, and attachments for such firearms) of United States manufacture furnished to any foreign government by the United States under this Act or any other foreign assistance or sales program of the United States if— “(i) such firearms are among those firearms that the Secretary of the Treasury is, or was at any time, required to authorize the importation of by reason of the provisions of section 925(e) of title 18, United States Code (including the requirement for the listing of such firearms as curios or relics under section 921(a)(13) of that title); and “(ii) such foreign government certifies to the United States Government that such firearms are owned by such foreign government.”. "
(1)Except as provided in paragraphs
(2)and (3), subparagraph[22 USC 2778 note](/us/usc/t22/s2778).
(B)of section 38(b)(1) of the Arms Export Control Act, as added by subsection (a), shall take effect at the end of the ninety-day period beginning on the date of the enactment of this Act.
(A)Such subparagraph shall take effect on the date of the enactment of this Act with respect to any military firearms or ammunition (or components, parts, accessories and attachments for such firearms) with respect to which an import permit was issued by 101 STAT. 1329–89the Secretary of the Treasury on or after July 1,1986, irrespective of whether such import permit was subsequently suspended, revoked, or withdrawn by the Secretary of the Treasury based on the application of section 38(b)(l) of the Arms Export Control Act as in effect on the day before the date of the enactment of this Act.
(B)In the case of an import permit described in subparagraph
(A)which was suspended, revoked, or withdrawn by the Secretary of the Treasury during the period beginning on July 1, 1986, and ending on the date of the enactment of this Act under the conditions described in such subparagraph, such import permit shall be reinstated and reissued immediately upon the enactment of this Act, and in any event not later than ten days after the date of the enactment of this Act.
(3)During the period preceding the revision of regulations issued under section 38(b)(1) of the Arms Export Control Act to reflect the provisions of subparagraph
(B)of such section, as added by subsection (a), such regulations may not be applied with respect to matters covered by paragraph
(2)of this subsection so as to prohibit or otherwise restrict the importation of firearms described in that paragraph or in any other manner inconsistent with that paragraph, notwithstanding that such regulations have not yet been so revised: *Provided,* That this section shall not take effect if during the twenty day period beginning on the date of enactment of this section the Secretary of State, the Secretary of Defense, or the Secretary of the Treasury notifies Congress that he has an objection to the intent of this section: *Provided further,* That the Attorney General shall, within the period of time stated in the first proviso, submit a certification to Congress indicating whether the enactment of this section will interfere with any ongoing criminal investigation with respect to this section. If a certification of criminal investigative interference or an objection to the intent of this section is made, as herein provided, no permit shall be issued to anyone. Sec. 8143.
(a)Extension of Program.—Section 516(a) of the [22 USC 2321j](/us/usc/t22/s2321j).Foreign Assistance Act of 1961 is amended in the first sentence by striking out “and 1988” and inserting in lieu thereof “, 1988, and 1989,”.
(b)Major Non-NATO Allies.—Section 516(a) of that Act is amended in the first sentence by inserting “, and to major non-NATO allies on the southern and southeastern flank of NATO which are eligible for United States security assistance,” after “military structure”.
(c)Excess Defense Articles.—Section 516 of that Act is amended—
(1)in subsection (a)—
(A)in the first sentence, by inserting “excess” before “defense articles”, and
(B)in the second sentence, by inserting “excess defense” before “articles”; and
(2)in the text of subsection
(b)preceding paragraph (1), in subsection (c), and in subsection (d), by inserting “excess” before “defense articles”. Sec. 8144. Nicaragua.None of the funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States Government may be obligated or expended during fiscal year 1988 to provide funds, materiel, or other assistance to the Nicaraguan democratic resistance unless in accordance with the 101 STAT. 1329–90terms and conditions specified by section 104 of the Intelligence Authorization Act (Public Law 100–178) for fiscal year 1988. This Act may be cited as the “Department of Defense Appropriations Act, 1988”.
(c)Such amounts as may be necessary for programs, projects or activities provided for in the District of Columbia Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTDistrict of Columbia Appropriations Act, 1988. Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1988, and for other purposes. TITLE I FISCAL YEAR 1988 APPROPRIATIONS Federal Payment to the District of Columbia For payment to the District of Columbia for the fiscal year ending September 30, 1988, $430,500,000, which shall not be subject to apportionment and shall be paid to the District of Columbia by the Secretary of the Treasury within 15 days after the enactment of this joint resolution: *Provided,* That none of these funds shall be made available to the District of Columbia until the number of full-time uniformed officers in permanent positions in the Metropolitan Police Department is at least 3,880, excluding any such officer appointed after August 19, 1982, under qualification standards other than those in effect on such date. Federal Payment for Water and Sewer Services For payment to the District of Columbia for the fiscal year ending September 30, 1988, in lieu of reimbursement for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government, $40,500,000, as authorized by the Act of May 18, 1954, as amended (D.C. Code, secs. 43–1552 and 43–1612): *Provided,* That $7,900,000 of this amount shall be paid to the District government by the Secretary of the Treasury immediately upon enactment of this Act for fiscal years 1986 and 1987 adjustments: *Provided further,* That $32,600,000 shall be paid to the District government by the Secretary of the Treasury in four equal quarterly payments of $8,150,000 each, with each payment to be made on the first day of the beginning of each quarter without further justification by the District of Columbia government. Federal Contribution to Retirement Funds For the Federal contribution to the Police Officers and Fire Fighters’, Teachers’, and Judges’ Retirement Funds as authorized by the District of Columbia Retirement Reform Act, approved November 17,1979 (93 Stat. 866; Public Law 96–122), $50,000,000. 101 STAT. 1329–91 Transitional Payment for Saint Elizabeths Hospital For a Federal contribution to the District of Columbia, as authorized by the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, approved November 8, 1984 (98 Stat. 3369; Public Law 98–621), $29,000,000. Criminal Justice Initiative (including rescission) Of funds appropriated under this head in Public Law 99–500 and Public Law 99–591 for the design and construction of a prison in the District of Columbia, $20,000,000 are rescinded. For the design and construction of a prison within the District of Columbia, to become available October 1, 1988, $20,000,000: *Provided,* That no funds are available for construction on the South part of Square E–1112 as recorded in Subdivision Book 140, Page 199 in the Office of the Surveyor of the District of Columbia unless previously approved by the Committees on Appropriations of the Senate and House of Representatives: *Provided further,* That the $50,000,000 herein and heretofore made available for the prison project shall remain in the United States Treasury and shall be transferred to the District of Columbia government only to the extent that outstanding obligations are due and payable to entities other than agencies and organizations of the District of Columbia government, the payments to such agencies and organizations may be made only in reimbursement for amounts actually expended in furtherance of the design and construction of the prison. Division of Expenses The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided. Governmental Direction and Support Governmental direction and support, $114,328,000: *Provided,* That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of the District of Columbia, and $2,500 for the City Administrator shall be available from this appropriation for expenditures for official purposes: *Provided further,* That any program fees collected from the issuance of debt shall be available for the payment of expenses of the debt management program of the District of Columbia: *Provided further,* That notwithstanding any other provision of law, there is hereby appropriated $5,417,000 to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board, of which $763,000 shall be derived from the general fund and not to exceed $4,654,000 shall be derived from the earnings of the applicable retirement funds: *Provided further,* That the District of Columbia Retirement Board shall provide to the Congress and the Council of the District of Columbia a quarterly report of the allocations of charges by fund and of expenditures of all funds: *Provided further,* That the District of Columbia Retirement Board shall provide the Mayor for transmittal to the Council of the District of Columbia an item accounting of the 101 STAT. 1329–92planned use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report: *Provided further,* That of the $150,000 appropriated for fiscal year 1988 for Admission to Statehood, $75,000 shall be for the Statehood Commission and $75,000 shall be for the Statehood Compact Commission: *Provided further,* That the District of Columbia shall identify the sources of funding for Admission to Statehood from its own locally-generated revenues: *Provided further,* That no revenues from Federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood Compact Commission: *Provided further,* That no part of these funds shall be used for lobbying to support or defeat legislation pending before Congress or any State legislature. Economic Development and Regulation Economic development and regulation, $140,467,000: *Provided, *That the District of Columbia Housing Finance Agency established by section 201 of the District of Columbia Housing Finance Agency Act, effective March 3, 1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111), based upon its capability of repayments as determined each year bv the Council of the District of Columbia from the Agency’s annual audited financial statements to the Council of the District of Columbia, shall repay to the general fund an amount equal to the appropriated administrative costs plus interest at a rate of four percent per annum for a term of 15 years, with a deferral of payments for the first three years: *Provided further,* That notwithstanding the foregoing provision, the obligation to repay all or part of the amounts due shall be subject to the rights of the owners of any bonds or notes issued by the Agency and shall be repaid to the District of Columbia only from available operating revenues of the Agency that are in excess of the amounts required for debt service, reserve funds, and operating expenses: *Provided further,* That upon commencement of the debt service payments, such payments shall be deposited into the general fund of the District of Columbia: *Provided further,* That up to $270,000 within the 15 percent set-aside for special programs within the Tenant Assistance Program shall be targeted for the single room occupancy initiative. Public Safety and Justice Public safety and justice, including purchase of not to exceed 135 passenger-carrying vehicles for replacement only (including 130 for police-type use and five for fire-type use) without regard to the general purchase price limitation for the current fiscal year, $655,524,000: *Provided,* That the Metropolitan Police Department is authorized to replace not to exceed 25 passenger-carrying vehicles, and the Fire Department is authorized to replace not to exceed five passenger-carrying vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths of the cost of the replacement: *Provided further,* That not to exceed $500,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: *Provided further,* That funds appropriated for expenses under the District of Columbia Criminal Justice Act, approved September 3, 1974 (88 Stat. 1090; Public Law 93–412; D.C. Code, sec. 11–2601 et seq.), for the fiscal year ending September 30,1988, shall be available for obligations incurred under 101 STAT. 1329–93that Act in each fiscal year since inception in fiscal year 1975: *Provided further,* That funds appropriated for expenses under the District of Columbia Neglect Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5–129; D.C. Code, sec. 16–2304), for the fiscal year ending September 30, 1988, shall be available for obligations incurred under that Act in each fiscal year since inception in fiscal year 1985: *Provided further,* That $50,000 of any appropriation available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emergency Preparedness for the Eurchase of civil defense equipment and supplies approved by the department of Defense, when authorized by the Mayor: *Provided further,* That not to exceed $1,500 for the Chief Judge of the District of Columbia Court of Appeals, $1,500 for the Chief Judge of the Superior Court of the District of Columbia, and $1,500 for the Executive Officer of the District of Columbia Courts shall be available from this appropriation for official purposes: *Provided further,* That the District of Columbia shall operate and maintain a free, 24-hour telephone information service whereby residents of the area surrounding Lorton prison in Fairfax County, Virginia, can promptly obtain information from District officials on all disturbances at the prison, including escapes, fires, riots, and similar incidents: *Provided further,* That the District of Columbia shall also take steps to publicize the availability of that service among the residents of the area surrounding the Lorton prison: *Provided further,* That not to exceed $100,000 of this appropriation shall be used to reimburse Fairfax County and Prince William County, Virginia, for expenses incurred by the counties during fiscal year 1988 in relation to the Lorton prison complex. Such reimbursements shall be paid in all instances in which the District requests the counties to provide police, fire, rescue, and related services to help deal with escapes, riots, and similar disturbances involving the prison: *Provided further,* That none of the funds appropriated by this Act may be used to implement any plan that includes the closing of Engine Company 3, located at 439 New Jersey Avenue, Northwest: *Provided further,* That none of the funds provided by this Act may be used to implement District of Columbia Board of Parole notice of emergency and proposed rulemaking as filed with the District of Columbia Register July 25, 1986: *Provided further,* That the Mayor shall reimburse the District of Columbia National Guard for expenses incurred in connection with services which are performed in emergencies by the Guard in a militia status and which are requested by the Mayor, in amounts which shall be jointly determined and certified as due and payable for such services by the Mayor and the Commanding General of the District of Columbia National Guard: *Provided further,* That such sums as may be necessary for reimbursement to the District of Columbia National Guard under the preceding proviso shall be available from this appropriation, and their availability shall be deemed as constituting payment in advance for the emergency services involved. Public Education System Public education system, including the development of national defense education programs, $570,594,000, to be allocated as follows: $413,567,000 for the public schools of the District of Columbia, of which $600,000 shall be paid within 15 days of the enactment of this 101 STAT. 1329–94Act directly to the District of Columbia Public Schools Foundation for entry level career employment programs, together with $200,000 which shall be paid directly to the Foundation when the Foundation certifies that an equal amount of private contributions has been received; $62,318,000 for the District of Columbia Teachers’ Retirement Fund; $71,667,000 for the University of the District of Columbia; $17,047,000 for the Public Library; $3,544,000 for the Commission on the Arts and Humanities; $2,100,000 for the District of Columbia School of Law; and $351,000 for the Educational Institution Licensure Commission: *Provided further,* That the public schools of the District of Columbia are authorized to accept not to exceed 31 motor vehicles for exclusive use in the driver education program: *Provided further,* That not to exceed $2,500 for the Superintendent of Schools, $2,500 for the President of the University of the District of Columbia, and $2,000 for the Public Librarian shall be available from this appropriation for expenditures for official purposes: *Provided further,* That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts, for the fiscal year ending September 30, 1988, a tuition rate schedule that will establish the tuition rate for nonresident students at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan area. Human Support Services Human support services, $695,591,000: *Provided,* That $14,700,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees’ disability compensation. Public Works Public works, including rental of one passenger-carrying vehicle for use by the Mayor and three passenger-carrying vehicles for use by the Council of the District of Columbia and purchase of passenger-carrying vehicles for replacement only, $213,654,000, of which not to exceed $4,141,000 shall be available for the School Transit Subsidy: *Provided,* That this appropriation shall not be available, prior to October 1, 1988, for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia. Washington Convention Center Fund For the Washington Convention Center Fund, $6,758,000: *Provided,* That the Convention Center Board of Directors, established by section 3 of the Washington Convention Center Management Act of 1979, effective November 3, 1979 (D.C. Law 3–36; D.C. Code, sec. 9–602), shall reimburse the Auditor of the District of Columbia for all reasonable costs for performance of the annual convention center audit. 101 STAT. 1329–95 Repayment of Loans and Interest For reimbursement to the United States of funds loaned in compliance with an Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, approved August 7, 1946 (60 Stat. 896; Public Law 79–648); the Departments of Labor, and Health, Education and Welfare Appropriation Act of 1955, approved July 2, 1954 (68 Stat. 443; Public Law 83–472); section 1 of an Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation’s Capital City, approved June 6, 1958 (72 Stat. 183; Public Law 85–451; D.C. Code, sec. 9–219); section 4 of an Act to authorize the Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211; Public Law 86–515); and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 821; Public Law 93–198; D.C. Code, sec. 47–321, note); and section 743(0 of the District of Columbia Self-Government and Governmental Reorganization Act, approved October 13, 1977 (91 Stat. 1156; Public Law 95–131; D.C. Code, sec. 9–219, note), including interest as required thereby, $220,905,000. Repayment of General Fund Deficit For the purpose of reducing the $224,881,000 general fund accumulated deficit as of September 30, 1986, $20,000,000 of which not less than $19,118,000 shall be funded and apportioned by the Mayor from amounts otherwise available to the District of Columbia government (including amounts appropriated by this Act or revenues otherwise available, or both): *Provided,* That if the Federal payment to the District of Columbia for fiscal year 1988 is reduced pursuant to an order issued by the President under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177, approved December 12, 1985), the percentage (if any) by which the $20,000,000 set aside for repayment of the general fund accumulated deficit under this appropriation title is reduced as a consequence shall not exceed the percentage by which the Federal payment is reduced pursuant to such order. Short-Term Borrowings For the purpose of funding interest related to borrowing funds for short-term cash needs, $3,750,000. Optical and Dental Benefits For optical and dental costs for nonunion employees, $1,489,000. Energy Adjustment The Mayor shall reduce authorized energy appropriations and expenditures within object class 30a (energy) in the amount of $1,200,000, within one or several of the various appropriation headings in this Act. 101 STAT. 1329–96 Capital Outlay For construction projects, $272,526,000, as authorized by an Act authorizing the laying of water mains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C. Code, secs. 43–1512 to 43–1519); the District of Columbia Public Works Act of 1954, as approved May 18, 1954 (68 Stat. 101; Public Law 83–364); an Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation’s Capital City, approved June 6, 1958 (72 Stat. 183; Public Law 85–451; D.C. Code, secs. 9–219 and 47–3402); section 3(g) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved August 20, 1958 (72 Stat. 686; Public Law 85–692; D.C. Code, sec. 40–805(7)); and the National Capital Transportation Act of 1969, approved December 9,1969 (83 Stat. 320; Public Law 91–143; D.C. Code, secs. 1–2451, 1–2452, 1–2454, 1–2456, and 1–2457); including acquisition of sites, preparation of plans and specifications, conducting preliminary surveys, erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended: *Provided,* That $15,353,000 shall be available for project management and $13,134,000 for design by the Director of the Department of Public Works or by contract for architectural engineering services, as may be determined by the Mayor, and that the funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: *Provided further,* That $4,000,000 of the $272,526,000, shall be financed from general fund operating revenues for pay-as-you-go capital projects for the Department of Public Works: *Provided further,* That $2,664,000 of the $272,526,000 shall be for the purchase of snow removal equipment of which $703,000 shall be financed from general fund operating revenues: *Provided further, *That $26,919,000 of the $272,526,000, snail be available to the Board of Education of the District of Columbia for the construction of new roofs for various school buildings, for boiler, window, door, and air conditioning replacements in various school buildings, for room conversions, erosion control, and general improvement projects at various school buildings, for an Administration Building site study and for the Sharpe Health School Modernization Project with $21,109,000 of these funds available for construction, $2,387,000 available for architectural design, $1,423,000 available for project management, and $2,000,000 for equipment: *Provided further,* That $10,000,000 appropriated in the fiscal year ending September 30, 1986, and $10,000,000 appropriated in the fiscal year ending September 30, 1987, shall be available to the Board of Education of the District of Columbia for asbestos abatement and removal, with $17,000,000 available for construction, $1,500,000 available for architectural design, and $1,500,000 for project management: *Provided further,* That notwithstanding the last sentence of section 405(b) of the District of Columbia Public Postsecondary Education Reorganization Act, approved October 26, 1974 (88 Stat. 1423; Public Law 93–471; D.C. Code, sec. 31—1535(b)), the Board of Education of the District of Columbia may procure contracts for the construction of new roofs for various school buildings, for boiler, window, door, and 101 STAT. 1329–97air conditioning replacements in various school buildings, for room conversions, erosion control and general improvement projects at various school buildings, for asbestos abatement, for an Administration Building site study, and for the Sharpe Health School Modernization Project: *Provided further,* That $12,819,000 of the $272,526,000 shall be available to the University of the District of Columbia for the construction of an underground parking extension at the Van Ness campus, for architectural barrier removal, for heating, ventilation, and air conditioning and partition modification, for a security system evaluation, and for the design and project management of the Mount Vernon Square campus: *Provided further,* That $500,000 of the $272,526,000 shall be available to the District of Columbia School of Law for general repair, rehabilitation, and improvement projects: *Provided further,* That all such funds shall be available only for the specific projects and purposes intended: *Provided further,* That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134, note), for which funds are provided by this appropriation title, shall expire on September 30, 1989, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1989: *Provided further,* That upon expiration of any such project authorization the funds provided herein for the project shall lapse. Water and Sewer Enterprise Fund For the Water and Sewer Enterprise Fund, $169,013,000, of which $31,720,000 shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital improvement projects. For construction projects, $7,358,000, as authorized by an Act authorizing the laying of water mains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22,1904 (33 Stat. 244; Public Law 58–140; D.C. Code, sec. 43–1512 et seq.): *Provided,* That the requirements and restrictions which are applicable to general fund capital improvement projects and which are set forth in this Act under the Capital Outlay appropriation title shall apply to projects approved under this appropriation title. Lottery and Charitable Games Enterprise Fund For the Lottery and Charitable Games Enterprise Fund established by the District of Columbia Appropriation Act for fiscal year 1982, approved December 4, 1981, as amended (95 Stat. 1174, 1175; Public Law 97–91), for the purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3–172; D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.), $5,458,000, to be derived from non-Federal District of Columbia revenues: *Provided,* That the District of Columbia shall identify the sources of funding for this appropriation title from its own locally-generated revenues: *Provided further,* That no revenues from Federal sources shall be used to support the operations or activities of the Lottery and Charitable Games Control Board. 101 STAT. 1329–98 Cable Television Enterprise Fund For the Cable Television Enterprise Fund established by the Cable Television Communications Act of 1981, effective October 22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et seq.), $250,000. General Provisions Sec. 101. The expenditure of any appropriation under this Act forContracts. any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 102. Except as otherwise provided in this Act, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official. Sec. 103. Whenever in this Act an amount is specified within an appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount that may be expended for said purpose or object rather than an amount set apart exclusively therefor, except for those funds and programs for the Metropolitan Police Department under the heading “Public Safety and Justice” which shall be considered as the amounts set apart exclusively for and shall be expended solely by that Department; and the appropriation under the heading “Repayment of General Fund Deficit” which shall be considered as the amount set apart exclusively for and shall be expended solely for that purpose. Sec. 104. Appropriations in this Act shall be available, when authorized by the Mayor, for allowances for privately owned automobiles and motorcycles used for the performance of official duties at rates established by the Mayor: *Provided,* That such rates shall not exceed the maximum prevailing rates for such vehicles as prescribed in the Federal Property Management Regulations 101–7 (Federal Travel Regulations). Sec. 105. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor: *Provided,* That the Council of the District of Columbia and the District of Columbia Courts may expend such funds without authorization by the Mayor. Sec. 106. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments that have been entered against the District of Columbia government: *Provided,* That nothing contained in this section shall be construed as modifying or affecting the provisions of section ll(c)(3) of title XII of the District of Columbia Income and Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C. Code, sec. 47–1812. ll(c)(3)). Sec. 107. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of section 544 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4–101; D.C. Code, sec. 3–101 STAT. 1329–99205.44), and for the non-Federal share of funds necessary to qualify for Federal assistance under the Juvenile Delinquency Prevention and Control Act of 1968, approved July 31, 1968 (82 Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.). Sec. 108. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 109. Not to exceed 4½ per centum of the total of all funds appropriated by this Act for personal compensation may be used to pay the cost of overtime or temporary positions. Sec. 110. Appropriations in this Act shall not be available, during the fiscal year ending September 30, 1988, for the compensation of any person appointed to a permanent position in the District of Columbia government during any month in which the number of employees exceeds 37,393, the number of positions authorized by this Act. Sec. 111. No funds appropriated in this Act for the District of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community or partisan political group during non-school hours. Sec. 112. The annual budget for the District of Columbia government for the fiscal year ending September 30, 1989, shall be transmitted to the Congress no later than April 15,1988. Sec. 113. None of the funds appropriated in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name, title, grade, salary, past work experience, and salary history are not available for inspection by the House and Senate Committees on Appropriations, the House Committee on the District of Columbia, the Subcommittee on Governmental Efficiency, Federalism and the District of Columbia of the Senate Committee on Governmental Affairs, and the Council of the District of Columbia, or their duly authorized representative. Sec. 114. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977, effective September 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et seq.). Sec. 115. None of the funds contained in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name and salary are not available for public inspection. Sec. 116. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. Sec. 117. Abortion.None of the Federal funds provided in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy. 101 STAT. 1329–100 Sec. 118. At the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for capital outlayReports. borrowings: *Provided,* That within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowing and spending progress compared with projections. Sec. 119. The Mayor shall not borrow any funds for capital projects unless he has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings. Sec. 120. The Mayor shall not expend any moneys borrowed for capital projects for the operating expenses of the District of Columbia government. Sec. 121. None of the funds appropriated in this Act may be used for the implementation of a personnel lottery with respect to the hiring of fire fighters or police officers. Sec. 122. None of the funds appropriated by this Act may be obligated or expended by reprogramming except pursuant to advance approval of the reprogramming granted according to the procedure set forth in the Joint Explanatory Statement of the Committee of Conference (House Report No. 96–443) which accompanied the District of Columbia Appropriation Act, 1980, approved October 30, 1979 (93 Stat. 713; Public Law 96–93), as modified in House Report No. 98–265, and in accordance with the Reprogramming Policy Act of 1980, effective September 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361 et seq.). Sec. 123. None of the Federal funds provided in this Act shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of the District of Columbia. Sec. 124. None of the Federal funds provided in this Act shall be obligated or expended to procure passenger automobiles as defined in the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law 96–425; 15 U.S.C. 2001(2)), with an Environmental Protection Agency estimated miles per gallon average of less than 22 miles per gallon: *Provided,* That this section shall not apply to security, emergency rescue, or armored vehicles. Sec. 125.
(a)Notwithstanding section 422(7) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–242(7)), the City Administrator shall be paid, during any fiscal year, a salary at a rate established by the Mayor, not to exceed the rate established for level IV of the Executive Schedule under 5 U.S.C. 5315.
(b)For purposes of applying any provision of law limiting the availability of funds for payment of salary or pay in any fiscal year, the highest rate of pay established by the Mayor under subsection
(a)for any position for any period during the last quarter of calendar year 1987 shall be deemed to be the rate of pay payable for that position for September 30,1987.
(c)Notwithstanding section 4(a) of the District of Columbia Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code, sec. 5–803(a)), the Board of Directors of the District of Columbia Redevelopment Land Agency shall be paid, during any fiscal year, a per diem compensation at a rate established by the Mayor. 101 STAT. 1329–101 Sec. 126. Notwithstanding any other provision of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.l, enacted pursuant to section 422(3) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–242(3)1, shall apply with respect to the compensation of District of Columbia employees: *Provided,* That for pay purposes, employees of the District of Columbia govenment shall not be subject to the provisions of title 5 of the United States Code. Sec. 127. The Director of the Department of Administrative Services may pay rentals and repair, alter, and improve rented premises, without regard to the provisions of section 322 of the Economy Act of 1932 (Public Law 72–212; 40 U.S.C. 278a), upon a determination by the Director, that by reason of circumstances set forth in such determination, the payment of these rents and the execution of this work, without reference to the limitations of section 322, is advantageous to the District in terms of economy, efficiency and the District’s best interest. Sec. 128. No later than 30 days after the end of the first quarter of fiscal year 1988, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia the new fiscal year 1988 revenue estimate as of the end of the first quarter of fiscal year 1988: *Provided,* That these estimates shall be used in the fiscal year 1989 annual budget request: *Provided further,* That the officially revised estimates at midyear shall be used for the midyear report. Sec. 129. Section 466(b) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 806; Public Law 93–198; D.C. Code, sec. 47–326), is amended by striking out “sold before October 1, 1987“ and inserting in lieu thereof “sold before October 1, 1988”. Sec. 130. No sole source contract with the District of Columbia government or any agency thereof may be renewed or extended without opening that contract to the competitive bidding process as set forth in section 303 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6–85), except that the District of Columbia Public Schools may renew or extend sole source contracts for which competition is not feasible or practical, provided that the determination as to whether to invoke the competitive bidding process has been made in accordance with duly promulgated Board of Education rules and procedures. Sec. 131. For purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended, the term “program, project, and activity” shall be synonymous with and refer specifically to each account appropriating Federal funds in this Act and any sequestration order shall be applied to each of the accounts rather than to the aggregate total of those accounts: *Provided,* That sequestration orders shall not be applied to any account that is specifically exempted from sequestration by Public Law 99–177, as amended. Sec. 132. Beginning with the fiscal year 1988, amounts appropriated for any fiscal year as the Federal payment to the District of olumbia under the District of Columbia Self-Government and Governmental Reorganization Act, as amended (D.C. Code, section 47–3406), shall not be subject to apportionment and shall be paid by the Secretary of the Treasury to the District of Columbia no later 101 STAT. 1329–102than 15 days after the beginning of the fiscal year for which they are appropriated (or no later than 15 days after the date of the enactment of the appropriating Act, if later). Sec. 133. Beginning with the fiscal year 1988, amounts appropriated for any fiscal year for payment to the District of Columbia in lieu of reimbursement for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government, under sections 106 and 212 of the District of Columbia Public Works Act of 1954, as amended (D.C. Code, sections 43–1552, 43–1612), shall be automatically apportioned in four equal amounts for the four quarters of the fiscal year and each such amount shall be paid in full by the Secretary of the Treasury to the District of Columbia on the first day of the beginning of the fiscal quarter involved without further justification by the District of Columbia government. Sec. 134. None of the funds available to the District of Columbia government shall be used for any purpose involved in billing individual agencies or establishments for water and water services and sanitary sewer services traditionally funded under the account “Federal Payment for Water and Sewer Services” unless and until existing statutes (sections 106 and 212 of the District of[31 USC 1512 note](/us/usc/t31/s1512). Columbia Public Works Act of 1954, as amended, Public Law 364, approved May 18, 1954) are amended to specifically provide for such billing. Sec. 135. Federal funds hereafter appropriated to the District ofPresident of U.S.[31 USC 1105 note](/us/usc/t31/s1105). Columbia government shall not be subject to apportionment except to the extent specifically provided by statute. Sec. 136. After the effective date of this Joint Resolution, the President shall include, without change, in each annual budget submitted to the Congress under section 1105 of title 31, United States Code, the values estimated by the Mayor of the District of Columbia for water and water services and sanitary sewer services furnished to facilities of the United States Government under sections 106 and 212 of the District of Columbia Public Works Act of 1954, as amended (D.C. Code, sections 43–1552, 43–1612). TITLE II FISCAL YEAR 1987 SUPPLEMENTAL District of Columbia Funds governmental direction and support (including rescission) For an additional amount for “Governmental direction and support”, $3,115,000: *Provided,* That of the funds appropriated under this heading for fiscal year 1987 in H.R. 5175 as enacted in section 101(d) of Public Law 99–500 and Public Law 99–591, $1,056,000 are rescinded: *Provided further,* That notwithstanding any other provision of law, there is appropriated $1,000,000 to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board, which shall be derived from the earnings of the applicable retirement funds. 101 STAT. 1329–103 economic development and regulation (including rescission) For an additional amount for “Economic development and regulation”, $309,000: *Provided,* That of the funds appropriated under this heading for fiscal year 1987 in H.R. 5175 as enacted in section 101(d) of Public Law 99–500 and Public Law 99–591, $5,281,000 are rescinded. public safety and justice For an additional amount for “Public safety and Justice”, $60,355,000, including ten additional passenger-carrying vehicles for the Fire Department. public education system (including rescission) For an additional amount for “Public education system”, $4,810,000, to be allocated as follows: $2,250,000 additional for the public schools of the District of Columbia; $1,354,000 additional for the University of the District of Columbia; $1,146,000 additional for the District of Columbia School of Law, which amount shall remain available until expended; $60,000 additional for the Educational Institution Licensure Commission: *Provided,* That of the funds appropriated under this heading for fiscal year 1987 in H.R. 5175 as enacted in section 101(d) of Public Law 99–500 and Public Law 99–591, $300,000 for the Public Library and $400,000 for the District of Columbia Teachers’ Retirement Fund are rescinded. human support services (including rescission) For an additional amount for “Human support services”, $5,545,000: *Provided,* That $3,445,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees’ disability compensation: *Provided further,* That of the funds appropriated under this heading for fiscal year 1987 in H.R. 5175 as enacted in section 101(d) of Public Law 99–500 and Public Law 99–591, $4,067,000 are rescinded. public works (including rescission) For an additional amount for “Public works“, $1,140,000: *Provided,* That of the funds appropriated under this heading for fiscal year 1987 in H.R. 5175 as enacted in section 101(d) of Public Law 99–500 and Public Law 99–591, $6,400,000 are rescinded. repayment of loans and interest (rescission) Of the funds appropriated under this heading for fiscal year 1987 in H.R. 5175 as enacted in section 101(d) of Public Law 99–500 and Public Law 99–591, $3,488,000 are rescinded. 101 STAT. 1329–104 personal services For an additional amount for “Personal services”, $1,800,000, to be apportioned by the Mayor to the various appropriations titles for optical and dental costs for nonunion employees. capital outlay For an additional amount for “Capital outlay”, $20,585,000: *Provided,* That $310,000 of this additional amount shall be for project management and $240,000 of this additional amount shall be for design by the Director of the Department of Public Works or by contract for architectural engineering services, as may be determined by the Mayor, and that the funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System. General Provisions Sec. 201. Notwithstanding any other provision of law, appropriations made and authority granted pursuant to this title shall be deemed to be available for the fiscal year ending September 30, 1987. This Act may be cited as the “District of Columbia Appropriations Act, 1988”.
(d)Such amounts as may be necessary for programs, projects or activities provided for in the Energy and Water Development Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTEnergy and Water Development Appropriation Act, 1988. Making appropriations for energy and water development for the fiscal year ending Development September 30, 1988, and for other purposes. TITLE I DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY Corps of Engineers—Civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes. General Investigations For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and when authorized by laws, surveys and detailed studies and plans and specifications of projects prior to construction, $138,767,000, to remain available until expended: *Pro*-101 STAT. 1329–105*vided,* That the Secretary of the Army is directed to proceed expeditiously with the feasibility study for the multipurpose project at Sunset Harbor, California, to demonstrate the feasibility of the financing mechanism of section 916 of Public Law 99–662 and to undertake the wetlands restoration and other project purposes set forth in section 1119 of Public Law 99–662: *Provided further,* That not to exceed $19,700,000 shall be available for obligation for research and development activities: *Provided further,* That of the amounts appropriated under this heading $220,000 shall be available for a reconnaissance study of the South Fork of the Sangamon River, Illinois. Using funds previously appropriated in the Energy and Water Development Appropriation Act, 1987, Public Law 99–591, the Secretary of the Army is directed to undertake the following study: Indiana Shoreline Erosion, including preconstruction engineering and design, Indiana. The Secretary of the Army, acting through the Chief of Engineers, is directed to undertake the following items under General Investigations in fiscal year 1988: Greenwood Lake, New Jersey; East Bank Stabilization, New Jersey; Beatties Dam, New Jersey; Olcott Harbor Improvements, New York; Atlantic Coast of New York City from Rockaway Inlet to Norton Point, New York (Coney Island Area); Red River Waterway, Shreveport, Louisiana to Index, Arkansas; Beaver Lake, Arkansas; Brunswick County Beaches, North Carolina; Westwego to Harvey Canal, Louisiana; McCook and Thornton Reservoirs (CUP), Illinois; Miami Harbor, Florida (cleanup); St. Petersburg, Florida (coastal areas); Little River, Horatio, Arkansas. The Secretary of the Army is directed to expand the scope of the Denison Dam-Lake Texoma, Texas and Oklahoma, General Investigation study, authorized by United States Senate Public Works Committee Resolutions on April 30, 1960, and April 12, 1965, to consider alternatives for improving management and utilization of water resources of the Red River Basin at and above the Denison Dam-Lake Texoma project and to include consideration of the feasibility of additional reservoirs upstream of Denison Dam and direct current interconnections between the Southwest Power Pool and the Electric Reliability Council of Texas. Funds are included herein for the Arthur Kill extension to Fresh Kills, near Carteret, New Jersey, to continue the ongoing post authorization planning, engineering and design provided that the level of detail shall be commensurate with General Design Memorandum level so that at the conclusion of the current effort and Secretary of the Army approval under section 202(b) of Public Law 99–662, only the preparation of plans and specifications will be necessary before construction. The Secretary of the Army shall allocate $395,000 to continue Einstruction engineering and design and develop and execute a cooperative agreement covering all elements of the Roanoke River Upper Basin, Virginia, project as described in the report of the Chief of Engineers dated August 5, 1985, and authorized in section 101 STAT. 1329–106401(a) of the Water Resources Development Act, 1986 (Public Law 99–662). The Secretary of the Army, acting through the Chief of Engineers, is directed to include preconstruction engineering and design for the upper Green Brook Sub-Basin and the Stony Brook Tributary, as authorized in the Water Resources Development Act of 1986, as part of preconstruction engineering and design for the flood control project for the Raritan River Basin, Green Brook Sub-Basin, New Jersey. Construction, General For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction), $1,077,985,000 of which such sums as are necessary pursuant to Public Law 99–662 shall be derived from the Inland Waterway Trust Fund, to remain available until expended, and of which not more than $7,000,000 shall be available to pay the authorized governing body of the Tohono O’odham Nation in accordance with the provisions of section 4(a) of Public Law 99–469; and in addition, $103,690,000, to remain available until expended, for construction of the Red River Waterway, Mississippi River to Shreveport, Louisiana, project, $87,000,000 for work presently scheduled and $16,690,000 with which the Secretary of the Army is directed, as a minimum to award continuing contracts in fiscal year 1988 for construction and completion of each of the following features of the Red River Waterway: in Pool 3, Nantachie/Red Bayou Revetment Extension and Crain and Eureka Revetments; in Pool 4, Gahagan, Piermont, Nichols and Howard Realignments and Coushatta Capout; and in Pool 5, Cuples Revetment; and the amount provided herein includes $2,000,000 with which the Secretary of the Army is directed to initiate an accelerated design schedule for Locks and Dams 4 and 5 in order to initiate the first phase construction of Locks and Dams 4 and 5 by April 1990 and to complete construction of the Locks and Dams by 1994. None of these contracts are to be considered fully funded and contracts are to be initiated with funds herein provided; and in addition, $13,500,000, to remain available until expended, together with funds heretofore or hereafter appropriated, with which the Secretary of the Army is directed to award a single continuing contract for construction and completion of the Cooper River Seismic modification, South Carolina, project authorized by Public Law 98–63: *Provided,* That no fully allocated funding policy shall apply with respect to the construction of this project; and in addition, $5,000,000, to be made available to Metropolitan Dade County, Florida, for the purpose of a 50 per centum, cost-shared project, including environmental restoration, hurricane protection facilities and approximately one mile of dock space, establishing public access and a regional public park along the Miami River in the Allapatah community across from Curtis Park. The Secretary of the Army is directed to initiate construction of the Presque Isle Peninsula, Erie, Pennsylvania (Permanent Project), authorized in section 501(a) of Public Law 99–662. The project to be constructed is described in the report of the Chief of Engineers dated 101 STAT. 1329–107October 2, 1981. Of amounts provided herein, $500,000 is to be used to initiate construction of the Presque Isle Peninsula project in fiscal year 1988. Within available funds, the Secretary of the Army is hereby directed to construct streambank protection measures along the west shoreline of the city of Guntersville, Alabama, on Guntersville Lake, under the authority of section 14 of Public Law 79–526. The Secretary of the Army, acting through the Chief of Engineers, is directed to undertake the following projects in fiscal year 1988: Sandy Hook to Barnegat Inlet, including Sea Bright to Ocean Township and Asbury Park to Manasquan, New Jersey; New Melones Lake, California; Barbourville, Kentucky (Levisa/Tug Forks of Big Sandy River and Upper Cumberland River, West Virginia, Virginia and Kentucky); Harlan, Kentucky (Levisa/Tug Forks of Big Sandy River and Upper Cumberland River, West Virginia, Virginia and Kentucky): Provided, That no fully allocated funding policy shall apply with respect to the construction of Barbourville, Kentucky, and Harlan, Kentucky (Levisa/Tug Forks of Big Sandy River and Upper Cumberland River, West Virginia, Virginia and Kentucky); Walnut and Cherry Street Bridges, Massillon, Ohio; Mill Creek, Fort Smith, Arkansas; Cape May Inlet to Lower Township, New Jersey; Ouachita River Levees, Louisiana; Gentilly, Minnesota; Century Park, Lorain, Ohio; Community Park, Sheffield Lake, Ohio; Tangier Island, Virginia; Shelburne Bay, Vermont. The Secretary of the Army, using funds provided by this resolution, is directed to initiate construction of the Parker Lake Project, and is directed, as a minimum, to award continuing contracts in fiscal year 1988 for construction and completion of construction of the access road and project office and the purchase of necessary land for the Parker Lake Project. The Secretary of the Army, using funds provided by this resolution, is directed to construct in accordance with Public Law 99–662 the Mud Creek Bridge Replacement Project at Eufaula Lake, Oklahoma. The Secretary of the Army is authorized and directed to use the sum of $11,000,000 herein appropriated and which is to remain available until expended to carry out the provisions for the harbor modifications of the Cleveland Harbor, Ohio project contained in Public Law 99–662. The provisions include bulkheading and other necessary repairs at Pier 34 and approach channels and necessary protective structures for mooring basins for transient vessels in the area south of Pier 34 with necessary material to fill the area between Piers 34 and 36 with remaining fill to be disposed in the existing containment site 14. The local sponsor will provide the Corps of Engineers with the design plans for these projects. The Corps of Engineers shall also conduct a study, pursuant to section 992, of the Cuyahoga River and harbor modifications required by the Cleveland Cuyahoga County Port Authority. The Corps of Engineers shall also be directed to provide technical assistance for these harbor modifications to the Cleveland-Cuyahoga County Port 101 STAT. 1329–108Authority and Pier 34. Congress hereby finds the project justified; and, for all elements in this appropriation, the funds expended by the Ohio Department of Natural Resources beginning with the first quarter of fiscal year 1986 in the area south of Pier 34 shall be considered eligible as non-Federal share consistent with the provisions of section 215 of Public Law 90–483, as amended. The Corps of Engineers shall inform the Congress of any delays in the project. The Secretary of the Army is directed to dredge Saxon Harbor, Wisconsin, and to construct wood cribs as a permanent solution to the damages being caused by the Federal navigation project under the provisions of section 111 of the 1968 River and Harbor Act, Public Law 90–483, as amended. The Secretary of the Army is directed to accomplish channel rehabilitation, repair and rehabilitation of fourteen pump stations and appurtenant works and rehabilitation and replacement of bridge structures in the vicinity of the East Side Levee and Sanitary District in East St. Louis, Illinois, by making available $1,000,000 in fiscal year 1988. The Secretary of the Army, because of the Federal trust relationship that links the United States and Indian people, is directed to expend within available funds not to exceed $50,000 to plan and not to exceed $700,000 to design and engineer appropriate works to alleviate high ground water problems on agricultural lands owned by Cochiti Pueblo, New Mexico, directly downriver from Cochiti Dam: *Provided, however,* That no such funds shall be expended by the Secretary for design and engineering until the Secretary and the Tribal council of the Pueblo have agreed in writing to a plan of design that, in the judgment of both parties, will resolve the problems related to such high ground water: *And, Provided,* That the Secretary and the Tribal Council of the Pueblo shall continue to negotiate, and, if the parties so agree, the Secretary shall submit to Congress, if appropriate, a proposed settlement that would be in lieu of, or in addition to, any construction of works for the purposes of alleviating high ground water problems. For the purposes of this negotiation only, the provisions of section 3 of the Act of May 15, 1928 (45 stat. 535, ch. 569; 33 U.S.C. 702c) and sections 2401(a), 2401(b), and 2680(a) of title 28, United States Code, are waived. Nothing in this paragraph shall be construed to prejudice the rights, responsibilities, and defense of either party in any litigation between the Pueblo and the United States, nor commit the Secretary of the Army to a structural solution of the controversy. The project for flood protection on the Lower San Joaquin River, California, authorized by section 10 of the Flood Control Act approved December 22,1944 (58 Stat. 901), is modified—
(1)to authorize the Secretary of the Army, acting through the Chief of Engineers, to perform, in connection with the clearing and snagging authorized to be performed on such river from Stockton, California, to Friant Dam as part of such project by the Supplemental Appropriations Act, 1983 (97 Stat. 310)—
(A)clearing and snagging in the area of the North Fork of the Kings River in Mendota Pool from the southernly boundary of the James Reclamation District Number 1606 to Mendota Dam;
(B)fish and wildlife mitigation; and
(C)such rip-rapping in the area of the clearing and snagging on such rivers as may be necessary to prevent erosion from such clearing and snagging; and 101 STAT. 1329–109
(2)to increase the estimated cost of the clearing and snagging on the Lower San Joaquin River, including the activities authorized by paragraph (1), from $5,000,000 to $8,000,000. The Secretary of the Army, acting through the Chief of Engineers, is directed to continue with planning, design, engineering and construction of the Des Moines Recreational River and Greenbelt project in accordance with the General Design Memorandum dated September 1987 and Public Law 99–591 using funds heretofore, herein, or hereafter appropriated. The following portion of the Hudson River in New York County, State of New York, is hereby declared not to be part of the federally authorized Channel Deepening Project: that portion of the Hudson River lying to the west of the United States Pierhead Line as it exists on the effective date of this Act, more specifically described as beginning at a point at the intersection of the north side of North Cove and the existing pierhead line, proceeding in a northerly direction along the existing pierhead line to a point formed by the pierhead line and the southerly side of Vesey Street if extended; thence in a westerly direction on a line perpendicular to the existing pierhead line 200 feet to a point; thence southerly on a line parallel to the existing pierhead line to a point on the northerly line of the North Cove if extended; thence in an easterly direction 200 feet to the point and place of beginning. This declaration shall apply to all or any part of the above-described area used or needed for trans-Hudson passenger ferry boat service as such may be operated by or contracted for operation by a bistate agency created by Compact between the States of New York and New Jersey. The Secretary of the Army shall allocate $2,800,000 heretofore appropriated, and is directed to initiate and complete construction of the breakwater for the Port Austin Harbor project in Michigan in accordance with the provisions for economic justification of the project contained in the River and Harbor Act approved 2 March 1945 (Public Law 14, 79th Congress, 1st Session). Of funds available to the Army Corps of Engineers, Flood Control and Navigation, Research and Development, $250,000 shall be made available for research to prevent ice jamming and related flooding in the Dump Creek area of the Salmon River in Idaho. Flood Control and Coastal Emergencies For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the Flood Control Act, approved August 18, 1941, as amended, $20,000,000, to remain available until expended. Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g–l), $317,704,000, to remain available until expended: *Provided,* That not less than $250,000 shall be available for bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such 101 STAT. 1329–110measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District Engineer and the State Conservationist. In furtherance of the development of the Atchafalaya Basin Floodway System, Louisiana, in accordance with Public Laws 99–88 and 99–662, the Secretary of the Army is directed to acquire necessary interests in real estate for all features of the project, flood control, developmental control, environmental, and public access, beginning at the North end of the basin and proceeding southerly. With the funds herein provided, the Secretary is further directed to begin to concurrently acquire all real estate interests approved for the project as the acquisition process proceeds in the manner described in the preceding sentence: *Provided further,* That the Secretary is directed to expedite the acquisition, in fee simple, of lands, excluding minerals, for public access in the Atchafalaya Basin Floodway System, Louisiana, as authorized by Public Laws 99–88 and 99–662, and to expend up to 50 per centum of the funds herein provided for this purpose. Funds provided to the Corps of Engineers are to be used in carrying out advanced engineering and design work on the Helena Harbor, Phillips County, Arkansas, project. The Corps will complete the advanced engineering and design work and be prepared to let a contract for the first phase of the construction not later than October 1, 1988. The Secretary of the Army shall allocate $180,000 to the Mississippi River East Bank, Warren to Wilkerson Counties, Mississippi, Natchez Area project to complete by May 1988 a réévaluation of alternative plans, submission of a draft réévaluation report/Environmental Impact Statement supplement, coordination of report findings with public and other agencies, and completion and submission of the final report by December 1988. Operation and Maintenance, General For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation, $1,400,000,000 to remain available until expended, of which such sums as become available in the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662, may be derived from that fund, and of which $12,000,000 shall be for construction, operation, and maintenance of outdoor recreation facilities, to be derived from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601): *Provided,* That not to exceed $8,000,000 shall be available for obligation for national emergency preparedness programs: *Provided further,* That none of the funds made available under “Operation and Maintenance, General” shall be used to pay the expenses of the Department of the Army regulatory activities. The Secretary of the Army, acting through the Chief of Engineers, is directed to undertake the following projects in fiscal year 1988: Sauk Lake, Minnesota; and Yaquina North Jetty, Oregon. 101 STAT. 1329–111 General Regulatory Functions For expenses necessary for administration of laws pertaining to preservation of navigable waters, $55,262,000, to remain available until expended. General Expenses For expenses necessary for general administration and related functions in the office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors, the Coastal Engineering Research Board, the Engineer Automation Support Activity, and the Water Resources Support Center, $115,200,000, to remain available until expended. Administrative Provisions Appropriations in this title shall be available for expenses of attendence by military personnel at meetings in the manner authorized by section 4110 of title 5, United States Code, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901–5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed 225 for replacement only) and hire of passenger motor vehicles. General Provisions, Corps of Engineers Sec. 101. [100 Stat. 1196](/us/stat/100/1196).In section 4(c) of Public Law 99–469, the word “Secretary” is deleted each time it appears and the words “United States” are inserted in lieu thereof. Sec. 102. The Secretary of the Army is directed to initiate construction and to reimburse non-Federal interests for work completed in conjunction with the North Branch of Chicago River project in Illinois. Sec. 103. Using funds previously provided in the Energy and Water Development Appropriations Act, 1987 (Public Law 99–500 and Public Law 99–591), the Secretary of the Army is directed to proceed with development of the Cross-Florida Barge Canal Conservation Management Plan as described in subsection 1114(e) of the Water Resources Development Act, 1986 (Public Law 99–662). Sec. 104. A project for flood control along the San Timoteo Creek in the vicinity of Loma Linda is authorized for construction as part of the Santa Ana Mainstem including Santiago Creek Project in accordance with plans described in the San Timoteo Interim II of the Santa Ana Basin and Orange County study. For purposes of economic justification the benefits and costs of the San Timoteo Project shall be included together with the benefits and costs of the entire Santa Ana Mainstem, including Santiago Creek. The total costs for the Santa Ana Mainstem, including Santiago Creek, is to be raised by $25,000,000. Sec. 105. [100 Stat. 4243](/us/stat/100/4243).Section 1124 of Public Law 99–662 is modified to add the following new subsection: " “(e) The dollar amounts listed in this section are based on October 1985 price levels. Such amounts shall be subject to adjust-101 STAT. 1329–112ment pursuant to section 902(2) of this Act. Total contributions to governments in Canada that are authorized by this section, as adjusted pursuant to section 902(2) of this Act, may fluctuate to reflect changes in the rate of exchange for currency between the United States and Canada that occurred between October 1985 and the time contributions are made.”. " Sec. 106. The undesignated paragraph under the heading “Puerco River and Tributaries, New Mexico” in section 401(a) of Public Law 99–662 (100 Stat. 4082) is amended by striking out “$4,190,000”,[100 Stat. 4111](/us/stat/100/4111). “$3,140,000”, and “$1,050,000” and inserting in lieu thereof “$7,300,000”, “$5,500,000”, and “$1,800,000”, respectively. Sec. 107. None of the funds made available under “Department of Defense-Civil, Department of the Army, Corps of Engineers-Civil”, except as provided for under “General Regulatory Functions”, shall be used to pay the expenses of the Department of the Army-Civil regulatory activities. Sec. 108. The McClellan-Kerr Arkansas River navigation project authorized under the comprehensive plan for the Arkansas River Basin by section 3 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 28, 1938 (52 Stat. 1218), and section 10 of the Flood Control Act of 1946 (60 Stat. 647), is modified to include municipal, industrial and agricultural water supply as authorized project purposes. Withdrawals of water for such purposes may be permitted to the extent that such withdrawals are consistent with applicable State laws and do not interfere with the other authorized purposes. Sec. 109. The undesignated paragraph under the heading “Noyes, Minnesota, in section 401(d) of Public Law 99–662 (100 Stat. 4131) is amended by striking out “$250,000“ and inserting in lieu thereof “$650,000”. Sec. 110. The Chief of Engineers is directed to retain three[33 USC 576 note](/us/usc/t33/s576). operational aircraft authorized pursuant to section 101 of the Act of July 27, 1953, 67 Stat. 199, together with their attendant crews, and may only dispose of any of these aircraft if authorized to do so by a future congressional enactment for that purpose. The Chief of Engineers shall provide at least thirty days advance written notification to the Appropriations Committees of the Senate and House of Representatives of any intended use of any of these aircraft for a trip destined outside the United States or its territories or possessions. Sec. 111. The section entitled “transfer of federal townsites” in the Supplemental Appropriations Act, 1985, title 1, chapter IV (Public Law 99–88, 99 Stat. 317) as amended by section 1123 of the Water Resources Development Act, 1986 (Public Law 99–662)[100 Stat. 4242](/us/stat/100/4242). is further amended as follows:
(1)By deleting all that follows the colon in paragraph (7);
(2)By adding a new paragraph at the end of paragraph
(7)as follows: " “(8) The Secretary shall, at full Federal expense for a period not to exceed three years from the date of the transfer of the townsite to the municipal corporation, continue to operate and maintain such corporation's electrical distribution system, including street lights, and to provide or assume the cost of electric power, natural gas, and liquified petroleum gas to buildings and facilities owned and operated by the corporation and to public school buildings located within the municipality.”. " 101 STAT. 1329–113 TITLE II DEPARTMENT OF THE INTERIOR Bureau of Reclamation For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau as follows: General Investigations For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $16,590,000: *Provided,* That of the total appropriated, the amount for program activities which can be financed by the reclamation fund shall be derived from that fund: *Provided further,* That all costs of an advance planning study of a proposed project shall be considered to be construction costs and to be reimbursable in accordance with the allocation of construction costs if the project is authorized for construction: *Provided further,* That funds contributed by non-Federal entities for purposes similar to this appropriation shall be available for expenditure for the purposes for which contributed as though specifically appropriated for said purposes, and such amounts shall remain available until expended. Construction Program (including transfer of funds) For construction and rehabilitation of projects and parts thereof (including power transmission facilities for Bureau of Reclamation use) and for other related activities as authorized by law, to remain available until expended $703,716,000, of which $143,143,000 shall be available for transfers to the Upper Colorado River Basin Fund authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), and $152,498,000 shall be available for transfers to the Lower Colorado River Basin Development Fund authorized by section 403 of the Act of September 30, 1968 (43 U.S.C. 1543), and such amounts as may be necessary shall be considered as though advanced to the Colorado River Dam Fund for the Boulder Canyon Project as authorized by the Act of December 21, 1928, as amended: *Provided, *That of the total appropriated, the amount for program activities which can be financed by the reclamation fund shall be derived from that fund: *Provided further,* That transfers to the Upper Colorado River Basin Fund and Lower Colorado River Basin Development Fund may be increased or decreased by transfers within the overall appropriation to the heading: *Provided further,* That funds contributed by non-Federal entities for purposes similar to this appropriation shall be available for expenditure for the purposes for wnich contributed as though specifically appropriated for said purposes, and such funds shall remain available until expended: *Provided further,* That approximately $5,630,000 in unobligated balances of 101 STAT. 1329–114Teton Dam Failure Payment of Claims funds provided under Public Laws 94–355 dated July 12, 1976, and 94–438, dated September 30, 1976, shall be available for use on projects under this appropriation: *Provided further,* That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters: *Provided further,* That no part of the funds herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument: *Provided further, *That of the amount herein appropriated, such amounts as may be necessary shall be available to enable the Secretary of the Interior to continue work on rehabilitating the Velarde Community Ditch Project, New Mexico, in accordance with the Federal Reclamation Laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) for the purposes of diverting and conveying water to irrigated project lands. The cost of the rehabilitation will be nonreimbursable and constructed features will be turned over to the appropriate entity for operation and maintenance: *Provided further,* That of the amount herein appropriated, such amounts as may be required shall be available to continue improvement activities for the Lower Colorado Regional Complex: *Provided further,* That the funds contained in this Act for the Garrison Diversion Unit, North Dakota, shall be expended only in accordance with the provisions of the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 99–294): *Provided further, *That none of the funds appropriated in this Act shall be used to study or construct the Cliff Dam feature of the Central Arizona Project: *Provided further,* That Plan 6 features of the Central Arizona Project other than Cliff Dam, including
(1)water rights and associated lands within the State of Arizona acquired by the Secretary of the Interior through purchase, lease, or exchange, for municipal and industrial purposes, not to exceed 30,000 acrefeet; and,
(2)such increments of flood control that may be found to be feasible by the Secretary of the Interior at Horseshoe and Bartlett Dams, in consultation and cooperation with the Secretary of the Army and using Corps of Engineers evaluation criteria, developed in conjunction with dam safety modifications and consistent with applicable environmental law, are hereby deemed to constitute a suitable alternative to Orme Dam within the meaning of the Colorado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501 et seq.): *Provided further,* That any funds expended under this Act for the purpose of conserving endangered fish species of the Colorado River system shall be charged against the increased amount authorized to be appropriated under the Colorado River Storage Project Act, as provided by section 501(A) of the Colorado River Basin Act of 1968: *Provided further,* That notwithstanding the provisions of the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 99–294), the James River Comprehensive Report on water resource development proposals may be submitted to Congress at a date after September 30,1988, but not later than September 30,1989. 101 STAT. 1329–115 Operation and Maintenance For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, to remain available until expended, $151,000,000: *Provided,* That of the total appropriated, the amount for program activities which can be financed by the reclamation fund shall be derived from that fund: *Provided further,* [43 USC 618d note](/us/usc/t43/s618d).That of the total appropriated, such amounts as may be required for replacement work on the Boulder Canyon Project which would require readvances to the Colorado River Dam Fund shall be readvanced to the Colorado River Dam Fund pursuant to section 5 of the Boulder Canyon Project Adjustment Act of July 19, 1940 (43 U.S.C. 618d), and such readvances since October 1, 1984, and in the future shall bear interest at the rate determined pursuant to section 104(a)(5) of Public Law 98–381: *Provided further,* That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and such advances shall remain available until expended: *Provided further,* That revenues in the Upper Colorado River Basin Fund shall be available for performing examination of existing structures on participating projects of the Colorado River Storage Project, the costs of which shall be nonreimbursable. Loan Program For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a–421d), and August 6, 1956, as amended (43 U.S.C. 422a–4221), including expenses necessary for carrying out the program, $32,309,000, to remain available until expended: *Provided, *That of the total sums appropriated, the amount of program activities which can be financea by the reclamation fund shall be derived from that fund: *Provided further,* That during fiscal year 1988 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $31,972,000: *Provided further,* That any contract under the Act of July 4,1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187,1197). General Administrative Expenses For necessary expenses of general administration and related functions in the office of the Commissioner, the Denver Engineering and Research Center, and offices in the six regions of the Bureau of Reclamation, $51,690,000, of which $1,000,000 shall remain available until expended, the total amount to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): *Provided,* That no part of any other appropria-101 STAT. 1329–116tion in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. Emergency Fund For an additional amount for the “Emergency fund”, as authorized by the Act of June 26, 1948 (43 U.S.C. 502), as amended, to remain available until expended for the purposes specified in said Act, $1,000,000, to be derived from the reclamation fund. Special Funds (transfer of funds) Sums herein referred to as being derived from the reclamation fund or the Colorado River development fund are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391) and the Act of July 19, 1940 (43 U.S.C. 618a), respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the head “General Administrative Expenses“ shall revert and be credited to the special fund from which derived. Administrative Provisions Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed 13 passenger motor vehicles of which 11 shall be for replacement only; payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; for service as authorized by section 3109 of title 5, United States Code, in total not to exceed $500,000; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriations Act 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Acts of August 21, 1935 (16 U.S.C. 461–467) and June 27, 1960 (16 U.S.C. 469): *Provided,* That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses“ and amounts provided for plan formulation and advance planning investigations, and general engineering and research under the head “General Investigations”. Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. 101 STAT. 1329–117 No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: *Provided,* That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 1341). [43 USC 377a](/us/usc/t43/s377a).No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands
(a)within the boundaries of an irrigation district,
(b)of any member of a water users’ organization, or
(c)of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. None of the funds made available by this or any other Act shall be used by the Bureau of Reclamation for contracts for surveying and mapping services unless such contracts for which a solicitation is issued after the date of this Act are awarded in accordance with title IX of the Federal Property and Administrative Service Act of 1949 (40 U.S.C. 541 et seq.). GENERAL PROVISIONS DEPARTMENT OF THE INTERIOR Sec. 201. Appropriations in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: *Provided,* That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. Sec. 202. The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. Sec. 203. Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 1535 and 1536): *Provided,* That reimbursements for costs of supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. Sec. 204. Appropriations in this title shall be available for hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchases of reprints; payment for telephone services in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or 101 STAT. 1329–118associations which issue publications to members only or at a price to members lower than to subscribers who are not members. Sec. 205. In accordance with repayment contract No. 9-07-70-W0363, entered into August 29, 1979, as amended December 18, 1981, for the Farwell Irrigation District, contractual party with the Farwell Unit, Middle Loup Division, Pick-Sloan Missouri Basin Program, and entitled “Contract between the United States of America and the Farwell Irrigation District for Additional Drainage Facilities”, the costs of such project allocated to irrigation and drainage shall not be reimbursable. Payments already made under such contract shall be credited against overall payments due the United States. Sec. 206. Of the appropriations for the Central Utah project, in this or any other Act, not more than $18,500,000 of the total in any one fiscal year may be expended by the Secretary for all administrative expenses: *Provided,* That the Inspector General of the Department of the Interior shall annually audit expenditures by the Bureau of Reclamation to determine compliance with this section: *Provided further,* That none of the Bureau of Reclamation's appropriations shall be used to fund the audit: *Provided further,* That the Bureau of Reclamation shall not delay or stop construction of the project due to this limitation and shall apply all the remaining appropriations to completion of this project, unless continuation of work on the Central Utah project would cause administrative expenses attributable to the Central Utah project to be paid from funds available for other Bureau of Reclamation projects and thereby delay their construction. Sec. 207. The Secretary of the Interior is directed to use not to exceed $70,000 in fiscal year 1988 for soil classification studies required to complete the integration of the Hilltop Irrigation District as a Federal unit of the Pick-Sloan Missouri River Basin program. Sec. 208.
(a)Notwithstanding title II of the Reclamation Authorization Act of 1975 (Public Law 94–228), the city of Dickinson, North Dakota, is forgiven all obligations incurred by such city under the contract (numbered 9-07-60-WR052) entered into with the Secretary of the Interior or his delegatee.
(1)The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into a new repayment contract with the city of Dickinson the terms of which shall entitle the city of Dickinson to water supply benefits provided by the bascule gate project authorized by title II of the Reclamation Authorization Act of 1975 in consideration for repayment of the costs of the bascule gate project as provided in paragraph (2).
(2)Repayment terms of the new contract shall provide for—
(A)repayment by the city of Dickinson of the capital cost of the bascule gate project of $1,625,000 over a period of 40 years at an interest rate of 7.21 per centum per annum; and
(B)payment of the annual operation, maintenance, and replacement costs of the project facilities. Sec. 209.
(a)Notwithstanding any other provisions of law, the city of Minot, North Dakota, is relieved of all liability for repayment to the United States of the sum of $1,026,489.29 associated with the excess capacity of the Minot Pipeline resulting from enactment of the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 99–294). 101 STAT. 1329–119
(b)The relief from liability for repayment granted by subsection
(a)shall be effective retroactive to January 1, 1978, the start of the city of Minot’s repayment obligation under the 1972 repayment contract with the Bureau of Reclamation.
(c)If the excess capacity referred to in subsection
(a)is ever used, the city of Minot shall reimburse the United States for the costs referred to in subsection
(a)proportionate to the actual use of the excess capacity. Sec. 210.
(a)The McGee Creek Project of the Bureau of Reclamation shall not be deemed completed until such time as construction of all authorized components of the project are completed, including access roads and recreation areas.
(b)The Bureau of Reclamation shall not transfer title of the project to any other entity or require repayment of the project or permit refinancing of the project until such time as the project is completed according to the terms of
(a)above. Sec. 211. The Secretary is prohibited from transferring the Office of the Commissioner of the Bureau of Reclamation, the Assistant Commissioner for Administration and the Office of Foreign Activities from Washington, D.C. to Denver, Colorado and shall have in the Washington office a minimum of sixty professional staff experienced in the following areas: Budget, Foreign Activities, Contracts and Repayment, Resource Development and Management; Construction; and Congressional and Public Affairs. The Secretary is further prohibited from transferring the Acreage Limitation Branch from Denver, Colorado to Washington, D.C. In addition, the Bureau shall maintain appropriate administrative Reports.support personnel for the Washington Office. The Secretary shall submit quarterly reports to the Congress, beginning January 1988, on Washington office reorganization initiatives to reduce overhead and duplication. TITLE III DEPARTMENT OF ENERGY Energy Supply, Research and Development Activities (including transfer of funds) For expenses of the Department of Energy activities including the purchase, construction and acouisition of plant and capital equipment and other expenses incidental thereto necessary for energy supply, research and development activities, and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 21 for replacement only), $1,988,357,000, to remain available until expended; in addition $104,000,000 shall be derived by transfer from Uranium Supply and Enrichment Activities provided in prior years and shall be available until expended; and of which $125,800,000 which shall be available only for the following facilities: the Institute for Human Genomic Studies at the Mount Sinai Medical Center, New York City; the Center for Applied Optics, University of Alabama in Huntsville; the Center for Automation Technology, Drexel University; the Institute for Advanced Physics Research, Boston University; the Multi-Purpose Center, 101 STAT. 1329–120Boston College; the Pediatric Research Center at Children’s Hospital, Pittsburgh, Pennsylvania; the Cancer Research Center at the Medical University of South Carolina; the Oregon Health Science University; the Center for Advanced Microstructures and Devices, Louisiana State University; the Proton-Beam Demonstration Cancer Treatment Center, Loma Linda University Medical Center; the Center for Physical and Environmental Science, East Central University, Oklahoma; the Barry M. Goldwater Center for Science and Engineering, Arizona State University; the Institute of Nuclear Medicine, Center for Molecular Medicine and Immunology, University of Medicine and Dentistry, New Jersey; the National Center for Chemical Research, Columbia University; and the Combustion Research Facility, Phase II, Sandia Laboratory, Livermore, California; and funds provided for byproducts utilization activities shall be available only for the following regional projects: Florida Department of Agriculture and Consumer Services; Hawaii Department of Business and Economic Development; Iowa State University; Oklahoma, Red-Ark Development Authority; Washington, Port of Pasco; State of Alaska: *Provided,* That of the amount appropriated under this heading for the magnetic fusion program, $8,000,000 shall be available to continue research, development, engineering and design only of Project 88-R-92, Compact Ignition Tokamak: *Provided further,* That the Princeton Plasma Physics Laboratory and the OfficeReports. of Fusion Energy shall submit a report and a 5-year plan based on current budgetary resources allocated for fusion energy research to the Committees on Appropriations of the House and Senate providing detailed information, costs and schedules for the concurrent construction of the Compact Ignition Tokamak project with the continued operation and completion of the Tokamak Fusion Test Reactor project. Uranium Supply and Enrichment Activities For expenses of the Department of Energy in connection with operating expenses; the purchase, construction, and acquisition of plant and capital equipment and other expenses incidental thereto necessary for uranium supply and enrichment activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 26 for replacement only); $950,000,000, to remain available until expended: *Provided,* That revenues received by the Department for the enrichment of uranium and estimated to total $1,301,000,000 in fiscal year 1988, shall be retained and used for the specific purpose of offsetting costs incurred by the Department in providing uranium enrichment service activities as authorized by section 201 of Public Law 95–238, notwithstanding the provisions of section 3302(b) of section 484, of title 31, United States Code: *Provided further,* That the sum herein appropriated shall be reduced as uranium enrichment revenues are received during fiscal year 1988 so as to result in a final fiscal year 1988 appropriation estimated at not more than $0. 101 STAT. 1329–121 General Science and Research Activities For expenses of the Department of Energy activities including the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for general science and research activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 22, of which 18 are for replacement only), $804,498,000, to remain available until expended. Nuclear Waste Disposal Fund For nuclear waste disposal activities to carry out the purposes of Public Law 97–425, as amended, including the acquisition of real property or facility construction or expansion, $360,000,000, to remain available until expended, to be derived from the Nuclear Waste Fund. To the extent that balances in the fund are not sufficient to cover amounts available for obligation in the account, the Secretary shall exercise his authority pursuant to section 302(e)(5) to issue obligations to the Secretary of the Treasury. In paying the amounts determined to be appropriate as a result of the decision in Wisconsin Electric Power Co. v. Department of Energy, 778 F. 2d 1 (D.C. Cir. 1985), the Department of Energy shall pay, from the Nuclear Waste Fund, interest at a rate to be determined by the Secretary of the Treasury and calculated from the date the amounts were deposited into the Fund. Funds appropriated pursuant to this Act may be used to provide payments equivalent to taxes to special purpose units of local government at the candidate sites.[42 USC 10101 *et seq*](/us/usc/t42/s10101). Subtitle A of title V, Nuclear Waste Policy Amendments Act of 1987 as agreed to and reported by the Committee on Conference on H.R. 3545 is included herein and shall be effective as if it has been enacted into law. Atomic Energy Defense Activities For expenses of the Department of Energy activities, $7,749,364,000, to remain available until expended, including the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for atomic energy defense activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 292 for replacement only including 43 police-type vehicles; and purchase of two aircraft, one Reports.of which is for replacement only): *Provided,* That within the funds available within materials production activities, the Secretary of Energy shall prepare and submit to the Committees on Appropriations and Armed Services of the Senate and the House of Representatives, not later than May 1, 1988, an acquisition strategy report for replacement production reactors. Such report shall provide the rationale and description of the recommended acquisition strategy for replacement nuclear materials production capacity that would fulfill the long-term requirements of the United States for tritium 101 STAT. 1329–122and plutonium, including the recommendation of the Nuclear Weapons Council with respect to matters within the responsibility of the Council. Such report also shall include an analysis of whether or not the acquisition strategy should provide for the procurement and construction of two or more replacement production reactors, either concurrently or sequentially. Such report also shall include, but not be limited to, an analysis of the use of alternative reactor technologies at one or more sites based on the most current information including overall program costs and schedules; safety, environmental and licensing features; strategic and national security benefits; and amortization of reactor capital and operating costs through the sale of by-product steam. Such report shall include a comprehensive comparative financial analysis and cost estimate including annual and life cycle costs for research, development, design, construction, operating expenses and revenues and the levelized unit products costs relating to the replacement production reactor alternatives considered. The recommendations of the Secretary shall include a recommendation with respect to the preferred alternatives for achieving replacement nuclear materials production capacity, including the number of production reactors required, the preferred technologies, and the preferred sites, and a time schedule for their acquisition, construction, and operation. The provision of the National Environmental Policy Act (43 U.S.C. 4321, et seq.) shall not apply to any actions taken by the Secretary in the conduct of activities associated with the preparation of such report, including, but not limited to, the formulation of an acquisition strategy or the planning, design, and selection of alternative technologies and sites for replacement production reactors: *Provided further,* That of these funds, $7,500,000 shall be made available for the Hanford Waste Vitrification Plant (Project 88–D–173): *Provided further,* That of the amount appropriated to the Department of Energy in this paragraph, $121,000,000 may be obligated only for the verification and control technology program of the Department of Energy: *Provided further,* That none of the funds made available by this Act may be used for the operation of the N-Reactor at the Hanford Reservation, Washington, unless the Secretary of Energy makes a specific determination and submits a certification in writing to the Congress that—
(1)the further operation of the N-Reactor is necessary to meet national security requirements;
(2)the Department will fully comply with the report of the National Academy of Sciences as described in Public Law 100–180;
(3)the Department plan for the N-Reactor is consistent with the reports of the Roddis panel as described in Public Law 100–180; and
(4)the N-Reactor is safe to operate. Departmental Administration For salaries and expenses of the Department of Energy necessary for Departmental Administration and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the hire of passenger motor vehicles and official reception and representation expenses (not to exceed $35,000) $395,513,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated 101 STAT. 1329–123amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): *Provided,* That such increases in cost of work are offset by revenue increases of the same or greater amount, to remain available until expended: *Provided further,* That moneys received by the Department for miscellaneous revenues estimated to total $233,896,000 in fiscal year 1988 may be retained and used for operating expenses within this account, and may remain available until expended, as authorized by section 201 of Public Law 95–238, notwithstanding the provisions of section 3302 of title 31, United States Code: *Provided further,* That the sum herein appropriated shall be reduced by the amount of miscellaneous revenues received during fiscal year 1988 so as to result in a final fiscal year 1988 appropriation estimated at not more than $161,617,000. POWER MARKETING ADMINISTRATIONS Operation and Maintenance, Alaska Power Administration For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $3,026,000, to remain available until expended. Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for fish passage improvements at the Umatilla River Diversion and for the Ellensburg Screen Fish Passage Facilities. Expenditures are also approved for official reception and representation expenses in an amount not to exceed $2,500. During fiscal year 1988, no new direct loan obligations may be made. Operation and Maintenance, Southeastern Power Administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $27,400,000, to remain available until expended. Operation and Maintenance, Southwestern Power Administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, and for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $16,648,000, to remain available until expended; in addition, notwithstanding the provisions of 31 U.S.C. 3302, not to exceed $4,625,000 in collections from the Department of Defense from power purchases and not to exceed $1,721,000 in 101 STAT. 1329–124collections from non-Federal entities for construction projects in fiscal year 1988, to remain available until expended. Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration (including transfer of funds) For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (Public Law 95–91), and other related activities including conservation and renewable resources programs as authorized, including official reception and representation expenses in an amount not to exceed $1,500, the purchase of passenger motor vehicles (not to exceed 3 for replacement only), $242,512,000, to remain available until expended, of which $235,268,000, shall be derived from the Department of the Interior Reclamation fund; in addition, the Secretary of the Treasury is authorized to transfer from the Colorado River Dam Fund to the Western Area Power Administration $7,003,000, to carry out the power marketing and transmission activities of the Boulder Canyon project as provided in section 104(a)(4) of the Hoover Power Plant Act of 1984, to remain available until expended. Federal Energy Regulatory Commission salaries and expenses For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (Public Law 95–91), including services as authorized by 5 U.S.C. 3109, including the hire of passenger motor vehicles; official reception and representation expenses (not to exceed $2,000); $100,000,000, of which $3,000,000 shall remain available until expended and be available only for contractual activities: *Provided,* That hereafter and notwithstanding any other provision of law, not to exceed $100,000,000 of revenues from licensing fees, inspection services, and other services and collections in fiscal year 1988, may be retained and used for necessary expenses in this account, and may remain available until expended: *Provided further,* That the sum herein appropriated shall be reduced as revenues are received during fiscal year 1988, so as to result in a final fiscal year 1988 appropriation estimated at not more than $0. Geothermal Resources Development Fund For carrying out the Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy Research, Development and Demonstration Act of 1974, as amended, $72,000, to remain available until expended: *Provided,* That the indebtedness guaranteed or committed to be guaranteed through funds provided by this or any other appropriation Act shall not exceed the aggregate of $500,000,000. General Provisions—Department of Energy Sec. 301. Appropriations for the Department of Energy under this title for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance and operation of aircraft; 101 STAT. 1329–125purchase, repair and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From these appropriations, transfers of sums may be made to other agencies of the United States Government for the performance of work for which this appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriation Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, private, or foreign. (transfers of unexpended balances) Sec. 302. Not to exceed 5 per centum of any appropriation made available for the current fiscal year for Department of Energy activities funded in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise provided, shall be increased or decreased by more than 5 per centum by any such transfers, and any such proposed transfers shall be submitted promptly to the Committees on Appropriations of the House and Senate. Sec. 303. The unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this title. Balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. Sec. 304. Contracts.Public information.The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 305.
(a)In any regulations issued pursuant to section 1534 of the Defense Authorization Act for 1986, the Secretary of Energy may not disallow the following costs associated with the activities of contractor personnel from the Department of Energy National Laboratories (or Department of Energy personnel of the Department of Energy National Laboratories):
(1)Costs of providing to Congress or a State legislature, in response to a request (written or oral, prior or contemporaneous) from Congress or a State legislature, information or expert advice of a factual, technical, or scientific nature, with respect to:
(A)topics directly related to the performance of the contract; or
(B)proposed legislation; irrespective of whether such information or advice was requested or supplied through the Department of Energy.
(2)Costs for transportation, lodging, or meals incurred for the purpose of providing such information or advice.
(b)No part of any appropriation made in this title shall be obligated or expended to influence, either directly or indirectly, any appropriation or legislation before Congress, or for any publicity or 101 STAT. 1329–126propaganda purpose not specifically authorized by Congress: *Provided,* That this provision shall not apply to:
(1)the communication of departmental or agency views to the Congress;
(2)the conduct of normal legislative liaison activities; or
(3)the costs described in subsection (a). Sec. 306. No funds appropriated or made available under this or any other Act shall be used by the executive branch for studies, reviews, to solicit proposals, to consider unsolicited proposals, undertake any initiatives or draft any proposals to transfer out of Federal ownership, management or control in whole or in part, the facilities, assets, and functions of the uranium supply and enrichment program, including inventories, until such activities have been specifically authorized in accordance with terms and conditions established by an Act of Congress hereafter enacted: *Provided,* That this provision shall not apply to the authority granted to the Department of Energy under section 161g of the Atomic Energy Act of 1954, as amended, under which it may sell, lease, grant, and dispose of property in furtherance of Atomic Energy Act activities or to the authority of the Administrator of the General Services Administration pursuant to the Federal Property and Administrative Service Act of 1944 to sell or otherwise dispose of surplus property. Sec. 307. Within three months following the date of enactment ofReports. this Act, the Federal Energy Regulatory Commission shall provide the Committee on Appropriations of the House and Senate with a report describing the policies followed in implementing the Commission’s responsibilities under the National Environmental Policy Act. This report shall include a description of the steps the Commission has taken to ensure that environmental reviews are conducted efficiently and in a timely manner, the willingness of the Commission to utilize the technical expertise of other Federal and State agencies, and the Commission’s environmental authority regarding nonjurisdictional facilities. Sec. 308. The Federal Energy Regulatory Commission is authorized to extend the time period required for commencement of construction of Project No. 4506 for an additional two years upon application by the licensee to the Federal Energy Regulatory Commission if the Federal Energy Regulatory Commission determines that an extension is warranted under the standard set forth in section 13 of the Federal Power Act and is in the public interest. Sec. 309. None of the funds appropriated by this Act or any other Act may be expended by the Department of Energy or the Department of Justice or any of their component agencies to prosecute any action or to enforce any judgment against any individual corporate shareholder, officer or employee for restitution under section 209 of the Economic Stabilization Act of 1970, as amended, in any case decided by the Temporary Emergency Court of Appeals on May 7, 1987, based upon the role of such individual as a central figure in any statutory or regulatory violation, except for the actual dollar amount personally received by such individual from such violation and any interest assessed on such amount. The prohibition in this section shall apply only until October 1, 1988. Sec. 310.
(a)The amendments made by section 643(b) of the[16 USC 824a–3 note](/us/usc/t16/s824a–3). Energy Security Act (Public Law 96–294) and any regulations issued to implement such amendment shall apply to Qualifying small power production facilities (as such term is definea in the Federal 101 STAT. 1329–127Power Act) using solar energy as the primary energy source to the same extent such amendments and regulations apply to qualifying small power production facilities using geothermal energy as the primary energy source, except that nothing in this Act shall preclude the Federal Energy Regulatory Commission from revising its regulations to limit the availability of exemptions authorized under this Act as it determines to be required in the public interest and consistent with its obligations and duties under section 210 of the Public Utility Regulatory Policies Act of 1978.
(b)The provisions of subsection
(a)shall apply to a facility using solar energy as the primary energy source only if either of the following is submitted to the Federal Energy Regulatory Commission during the two-year period beginning on the date of enactment of this Act:
(1)An application for certification of the facility as a qualifying small power production facility.
(2)Notice that the facility meets the requirements for qualification. Sec. 311. None of the funds appropriated by this Act or any other Act may be expended by the Federal Energy Regulatory Commission for the purpose of issuing a certificate of public convenience and necessity pursuant to the application made by the Iroquois Gas Transmission System under the Commission’s optional expedited certificate procedures (Docket No. CP86–523 et al.) until the Commission has considered, in accordance with applicable law, the environmental impacts. TITLE IV INDEPENDENT AGENCIES Appalachian Regional Commission [40 USC app. 401 note](/us/usc/t40/s401).For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding section 405 of said Act, except expenses authorized by section 105 of said Act, including services as authorized by section 3109 of title 5, United States Code, and hire of passenger motor vehicles, and for necessary expenses for the Federal Cochairman and the alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by section 3109 of title 5, United States Code, and hire of passenger motor vehicles, to [40 USC app. 224 note](/us/usc/t40/s224).remain available until expended, $107,000,000: *Provided,* That after note the date of enactment of this resolution, appropriations for Appalachian regional programs in this or any other Act may be used for the purposes of the Appalachian Regional Development Act without regard to section 224(b) (2), (3), and
(4)of that Act and funds in energy enterprise loan funds may be reapproved by the Commission for similar uses. Delaware River Basin Commission salaries and expenses For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $203,000. 101 STAT. 1329–128 contribution to delaware river basin commission For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 707), $263,000. Interstate Commission on the Potomac River Basin contribution to interstate commission on the potomac river basin To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), as amended by the Act of September 25, 1970 (Public Law 91–407), $379,000. Nuclear Regulatory Commission salaries and expenses For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act, as amended, including the employment of aliens; services authorized by section 3109 of title 5, United States Code; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms, official representation expenses (not to exceed $20,000); reimbursements to the General Services Administration for security guard services; hire of passenger motor vehicles and aircraft, $392,800,000, to remain available until expended: *Provided,* That from this appropriation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: *Provided further,* That moneys received by the Commission for the cooperative nuclear safety research program, services rendered to foreign governments and international organizations, and the material and information access authorization programs including criminal history checks under section 149 of the Atomic Energy Act, as amended, may be retained and used for salaries and expenses associated with those activities, notwithstanding the provisions of section 3302 of title 31, United States Code, and shall remain available until expended: *Provided further,* That revenues from licensing fees, inspection services, and other services and collections estimated at $196,400,000 in fiscal year 1988 shall be retained and used for necessary salaries and expenses in this account, notwithstanding the provisions of section 3302 of title 31, United States Code, and shall remain available until expended: *Provided further,* That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 1988 from licensing fees, inspection services and other services and collections, excluding those moneys received for the cooperative nuclear safety research program, services rendered to foreign governments and international organizations, and the material and information access authorizatior programs, so as to result in a final 101 STAT. 1329–129fiscal year 1988 appropriation estimated at not more than $196,400,000. Susquehanna River Basin Commission salaries and expenses For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission as authorized by law (84 Stat. 1541), $197,000. contribution to susquehanna river basin commission For payment of the United States share of the current expense of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530,1531), $249,000. TENNESSEE VALLEY AUTHORITY Tennessee Valley Authority Fund For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including purchase, hire, maintenance, and operation of aircraft, and purchase and hire of passenger motor vehicles, and for entering into contracts and making payments under section 11 of the National Trails System Act, as amended, $103,000,000, to remain available[16 USC 831b](/us/usc/t16/s831b). until expended: *Provided,* That this appropriation and other moneys available to the Tennessee Valley Authority may be used hereafter for payment of the allowances authorized by section 5948 of title 5, United States Code: *Provided further,* That the official of the Tennessee Valley Authority referred to as the “inspector general of the Tennessee Valley Authority” is authorized, during the fiscal year ending September 30, 1988, to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and other documentary evidence necessary in the performance of the audit and investigation functions of that official, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court: *Provided further,* That procedures other than subpoenas shall be used bv the inspector general to obtain documents and evidence from Federal agencies. TITLE V GENERAL PROVISIONS Sec. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 502. None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in this Act. This prohibition bars payment to a party intervening in an administrative proceeding for expenses incurred in appealing an administrative decision to the courts. Sec. 503. None of the programs, projects or activities as defined in the report accompanying this Act, may be eliminated or dispropor-101 STAT. 1329–130tionately reduced due to the application of ‘‘Savings and Slippage”, “general reduction”, or the provision of Public Law 99–177 or Public Law 100–119. Sec. 504. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 505. None of the funds appropriated in this Act shall be used to implement a program of retention contracts for senior employees of the Tennessee Valley Authority. Sec. 506. Notwithstanding any other provision of this Act or any other provision of law, none of the funds made available under this Act or any other law shall be used for the purposes of conducting any studies relating or leading to the possibility of changing from the currently required “at cost” to a “market rate” or any other noncostbased method for the pricing of hydroelectric power by the six Federal public power authorities, or other agencies or authorities of the Federal Government, except as may be specifically authorized by Act of Congress hereafter enacted. Sec. 507. None of the funds appropriated in this Act for Power Marketing Administrations or the Tennessee Valley Authority, and none of the funds authorized to be expended by this or any previous Act from the Bonneville Power Administration Fund or the Tennessee Valley Authority Fund, may be used to pay the costs of procuring extra high voltage
(EHV)power equipment unless contract awards are made for EHV equipment manufactured in the United States when such agencies determine that there are one or more manufacturers of domestic end product offering a product that meets the technical requirements of such agencies at a price not exceeding 130 per centum of the bid or offering price of the most competitive foreign bidder: *Provided,* That such agencies shall determine the incremental costs associated with implementing this section and defer or offset such incremental costs against otherwise existing repayment obligations: *Provided further,* That this section shall not apply to any procurement initiated prior to October 1, 1985, or to the acquisition of spare parts or accessory equipment necessary for the efficient operation and maintenance of existing equipment and available only from the manufacturer of the original equipment: *Provided further,* That this section shall not apply to procurement of domestic end product as defined in 48 C.F.K. sec. 25.101: *Provided further,* That this section shall not apply to EHV power equipment produced or manufactured in a country whose government has completed negotiations with the United States to extend the GATT Government Procurement Code, or a bilateral equivalent, to EHV power equipment, or which otherwise offers fair competitive opportunities in public procurements to United States manufacturers of such equipment. Sec. 508. None of the funds in this Act may be used to construct or enter into an agreement to construct additional hydropower units at Denison Dam—Lake Texoma. Sec. 509. In honor of Ernest Frederick Hollings, the buildingPublic buildings and grounds. located at 83 Meeting Street in Charleston, South Carolina, shall hereafter be known and designated as the “Hollings Judicial Center”: *Provided further,* That the lock and dam on the Tombigbee 101 STAT. 1329–131River in Pickens County, Alabama, commonly known as the Aliceville Lock and Dam, and the resource management and visitor center at Aliceville Lake on the Tennessee-Tombigbee Waterway shall hereafter be known and designated as the “Tom Bevill Lock and Dam” and the “Tom Bevill Resource Management and Visitor Center at Aliceville Lake on the Tennessee-Tombigbee Waterway”, respectively. Any reference in a Public information.law, map, regulation, document, or paper of the United States to such lock and dam and any reference in a law, map, regulation, document, or paper of the United States to such resource management and visitor center shall be held to be a reference to the “Tom Bevill Lock and Dam” and the “Tom Bevill Resource Management and Visitor Center at Aliceville Lake on the TennesseeTombigbee Waterway”, respectively. This Act may be cited as the “Energy and Water Development Appropriation Act, 1988”.
(e)Such amounts as may be necessary for programs, projects or activities provided for in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTForeign Operations, Export Financing, and Related Programs Appropriations Act, 1988. Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1988, and for other purposes. TITLE I— MULTILATERAL ECONOMIC ASSISTANCE funds appropriated to the president International Financial Institutions contribution to the international bank for reconstruction and development For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury, for the United States share of the paid-in share portion of the increases in capital stock, $40,176,393 for the General and Selective Capital Increases, to remain available until expended: *Provided,* That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. limitation on callable capital subscriptions The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal vear limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $437,320,185. 101 STAT. 1329–132 contribution to the international development association For payment to the International Development Association by the Secretary of the Treasury, $915,000,000 for the United States contribution to the replenishments, to remain available until expended: *Provided,* That no such payment may be made while the United States Executive Director to the International Bank for Reconstruction and Development is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. contribution to the international finance corporation For payment to the International Finance Corporation by the Secretary of the Treasury, $20,300,000, for the United States share of the increase in subscriptions to capital stock, to remain available until expended. contribution to the multilateral investment guarantee agency For payment to the Multilateral Investment Guarantee Agency by the Secretary of the Treasury, for the paid-in share of the capital stock, $44,403,116, to remain available until expended: *Provided, *That no such payment may be made prior to April 30, 1988: *Provided further,* That no such payment may be made on or after April 30, 1988, unless the Secretary of the Treasury certifies and reports to the Congress that the United States Director of the Agency has proposed and actively sought the adoption by the Agency of the policies and procedures specified in section 405 of H.R. 3750, as enacted herein: *Provided further,* That no such payment may be made on or after April 30,1988, unless the Secretary of the Treasury certifies and reports to the Congress that the Board has adopted those policies and procedures, or substantially similar policies and procedures, or that the United States Director of the Agency will continue to propose and actively seek the adoption by the Agency of those policies and procedures until those policies and procedures, or substantially similar policies and procedures, have been adopted by the Board and that the failure to make such payment is likely to make the adoption of those policies and procedures more difficult to achieve. limitation on callable capital subscriptions The Secretary of the Treasury may subscribe without fiscal year limitation to the callable portion of the shares of capital stock in an amount not to exceed $177,612,464. contribution to the interamerican development bank For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the increase in the resources of the Fund for Special Operations, $25,732,371, to remain available until expended; and $31,600,000, for the United 101 STAT. 1329–133States share of the increases in paid-in capital stock to remain available until expended; and $1,303,000 for the United States share of the capital stock of the Inter-American Investment Corporation, to remain available until expended: *Provided,* That no such payment may be made while the United States Executive Director for the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director for the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code: *Provided further,* That the United States Governor of the Inter-American Development Bank is hereby authorized to agree to, and to accept, the amendments to the Articles of Agreement in the proposed resolution entitled “Merger of Inter-regional and Ordinary Capital Resources”. limitation on callable capital subscriptions The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such increase in capital stock in an amount not to exceed $119,403,576. contribution to the asian development bank For payment to the Asian Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $15,057,220, to remain available until expended; and for the United States contribution to the increases in resources of the Asian Development Fund, as authorized by the Asian Development Bank Act, as amended (Public Law 89–369), $28,000,000, to remain available until expended: *Provided,* That no such payment may be made while the United States Director of the Bank is compensated by the Bank at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to the Bank is compensated by the Bank in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. limitation on callable capital subscriptions The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such increase in capital stock in an amount not to exceed $276,503,941. contribution to the african development fund For payment to the African Development Fund by the Secretary of the Treasury, $75,000,000, for the United States contribution to the fourth replenishment of the African Development Fund, to remain available until expended. 101 STAT. 1329–134 contribution to the african development bank For payment to the African Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $8,999,371, to remain available until expended: *Provided,* That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. limitation on callable capital subscriptions The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $134,918,184. authorization of appropriations There is hereby enacted into law H.R. 3750, as introduced in the[22 USC 262m—262p–5, 283z–4, 284–r, 285z, 286e–5a, 290i–10, 290k—290k–ll](/us/usc/t22/s262m—262p–5/283z–4/284–r/285z/286e–5a/290i–10/290k—290k–ll). House of Representatives on December 11, 1987. Section 102 of H.J. Res. 395 shall not apply with respect to provisions enacted by this paragraph. international organizations and programs For necessary expenses to carry out the provisions of sections 301 and 103(g) of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1983, $244,648,000: *Provided,* That no funds shall be available for the United Nations Fund for Science and Technology: *Provided further, *That the total amount of funds appropriated under this heading shall be made available only as follows: $110,000,000 for the United Nations Development Program; $54,400,000 for the United Nations Children’s Fund, which amount shall be obligated and expended no later than 30 days from the date of enactment of this Act; $980,000 for the World Food Program; $980,000 for the United Nations Capital Development Fund; $220,000 for the United Nations Voluntary Fund for the Decade for Women; $2,000,000 for the International Convention and Scientific Organization Contributions; $1,960,000 for the World Meteorological Organization Voluntary Cooperation Program; $21,854,000 for the International Atomic Energy Agency; $7,840,000 for the United Nations Environment Program; $784,000 for the United Nations Educational and Training Program for Southern Africa; $245,000 for the United Nations Trust Fund for South Africa; $110,000 for the United Nations Institute for Namibia; $170,000 for the Convention on International Trade in Endangered Species; $220,000 for the World Heritage Fund; $90,000 for the United Nations Voluntary Fund for Victims of Torture; $245,000 for the United Nations Fellowship Program; $400,000 for the United Nations Center on Human Settlements; $150,000 for the UNIDO Investment Promotion Service; $12,000,000 for the Organization of American States; and $30,000,000 for the Inter-101 STAT. 1329–135national Fund for Agricultural Development, of which up to $10,000,000 may be made available for the Special Program for Sub-Saharan African Countries Affected by Drought and Desertification: *Provided further,* That funds appropriated under this heading may be made available for the International Atomic Energy Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency. TITLE II— BILATERAL ECONOMIC ASSISTANCE funds appropriated to the president For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 1988, unless otherwise specified herein, as follows: Agency for International Development agriculture, rural development, and nutrition, development assistance For necessary expenses to carry out the provisions of section 103, $488,715,000: *Provided,* That up to $5,000,000 shall be provided for new development projects of private entities and cooperatives utilizing surplus dairy products: *Provided further,* That not less than $8,000,000 shall beprovided for the Vitamin A Deficiency Program: *Provided further,* That, notwithstanding any other provision of law, up to $10,000,000 of the funds appropriated under this heading shall be made available, and remain available until expended, for agricultural activities in Poland which are managed by the Polish Catholic Church or other nongovernmental organizations: *Provided further,* That not less than $2,000,000 of the funds appropriated under this heading shall be made available only for the North American Waterfowl Plan, which shall not be included in determining compliance with section 119(c) of the Foreign Assistance Act of 1961. population, development assistance For necessary expenses to carry out the provisions of section 104(b), $197,940,000: *Provided,* That none of the funds made available in this Act nor any unobligated balances from prior appropriations may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: *Provided further,* That none of the funds made available under this heading may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions; and that in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services: *Provided further,* That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning, 101 STAT. 1329–136and, additionally, all such applicants shall comply with the requirements of the previous proviso: *Provided further,* That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act. health, development assistance For necessary expenses to carry out the provisions of section 104(c), $119,000,000. international aids prevention and control program For necessary expenses to carry out the provisions of chapter 1 of part I of the Foreign Assistance Act of 1961, $30,000,000, which shall be made available only for activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome
(AIDS)in developing countries: *Provided,* That of the funds made available under this heading $15,000,000 shall be made available to the World Health Organization for the Special Program on AIDS, including activities implemented by the Pan American Health Organization. child survival fund For necessary expenses to carry out the provisions of section 104(c)(2). $66,000,000. education and human resources development, development assistance For necessary expenses to carry out the provisions of section 105, $117,000,000: *Provided,* That not less than $42,000,000 of the funds appropriated under this heading and under the heading “SubSaharan Africa, Development Assistance” shall be available only for programs in basic primary and secondary education: *Provided further,* That $1,500,000 of the funds appropriated under this heading shall be made available for the Caribbean Law Institute: *Provided further,* That not less than $1,250,000 of the funds appropriated under this heading shall be made available for the Center for Inter-American Leadership: *Provided further,* That not less than $10,000,000 of the funds appropriated under this heading shall be available only for the International Student Exchange Program. private sector, environment, and energy, development assistance For necessary expenses to carry out the provisions of section 106, $120,709,000: *Provided,* That not less than $5,000,000 shall be made available only for cooperative projects among the United States, Israel and developing countries: *Provided further,* That not less than $5,000,000 shall be made available only for the Central American Rural Electrification Support project: *Provided further,* That not less than $1,500,000 shall be made available only for rural electrification activities for the Caribbean. science and technology, development assistance For necessary expenses to carry out the provisions of section 106, $8,662,270. 101 STAT. 1329–137 micro-enterprise development Of the funds appropriated by this Act to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $50,000,000 shall be made available for programs of credit and other assistance for micro-enterprises in developing countries: *Provided,* That local currencies which accrue as a result of assistance provided to carry out the provisions of the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 may be used for assistance for micro-enterprises: *Provided further,* That such local currencies which are used for this purpose shall be in lieu of funds reserved under this heading and shall reduce the amount reserved for assistance for micro-enterprises by an equal amount. subsaharan africa, development assistance For necessary expenses to carry out the provisions of sections 103 through 106 and section 121 of the Foreign Assistance Act of 1961, $500,000,000, for assistance only for Sub-Saharan Africa, which shall be in addition to any amounts otherwise made available for such purposes: *Provided,* That any of the funds which are appropriated under this heading may be used for assistance for Sub-Saharan Africa to carry out any economic development assistance activities under the Foreign Assistance Act of 1961: *Provided further,* That assistance made available under this heading shall be used to help the poor majority in Sub-Saharan Africa through a process of long-term development and economic growth that is equitable, participatory, environmentally sustainable, and self-reliant: *Provided further,* That these objectives may, in part, be achieved through the integration of women in the development process, appropriate consultation with private voluntary organizations, African and other organizations with a local perspective on the development process, and inclusion of the perspectives and participation of those affected by the provision of assistance: *Provided further,* That assistance made available under this heading shall be provided in accordance with the policies contained in section 102 of the Foreign Assistance Act of 1961: *Provided further,* That assistance made available under this heading should be provided, when consistent with the objectives of such assistance, through African, United States and other private and voluntary organizations which have demonstrated effectiveness in the promotion of local grassroots activities on behalf of long-term development in Sub-Saharan Africa: *Provided further,* That assistance made available under this heading should be used to help overcome shorter-term constraints to long-term development; to promote reform of sectoral economic policies to support the critical sector priorities of agricultural production and natural resources, health, voluntary family planning services, education, and income generating opportunities; to bring about appropriate sectoral restructuring of the Sub-Saharan African economies; to support reform in public administration and finances and to establish a favorable environment for individual enterprise and self-sustaining development: *Provided further,* That assisted policy reforms should take into account the need to protect vulnerable groups: *Provided further,* That assistance made available under this heading shall be used to increase agricultural production in ways which protect and restore the natural resource base, especially 101 STAT. 1329–138food production; to maintain and improve basic transportation and communication networks; to maintain and restore the renewable natural resource base in ways which increase agricultural production; to improve health conditions with special emphasis on meeting the health needs of mothers and children, including the establishment of self-sustaining primary health care systems that give priority to preventive care; to provide increased access to voluntary family planning services; to improve basic literacy and mathematics especially to those outside the formal educational system and to improve primary education; and to develop income-generating opportunities for the unemployed and underemployed in urban and rural areas: *Provided further,* That the Administrator of the Agency for International Development should target the equivalent of 10 percent of the funds appropriated under this heading for each of the following:
(1)maintaining and restoring the renewable natural resource base in ways which increase agricultural production, including components of agriculture activities which are consistent with this objective,
(2)health activities, and
(3)voluntary family planning: *Provided further,* That local currencies generated by the sale of imports or foreign exchange by the government of a country in Sub-Saharan Africa from funds appropriated under this heading shall be deposited in a special account established by that government: *Provided further,* That these local currencies shall be available only for use, in accordance with an agreement with the United States, for development activities which are consistent with the policy directions of section 102 of the Foreign Assistance Act of 1961 and for necessary administrative requirements of the United States Government: *Provided further,* That in order to carry out the purposes of this heading, section 604(a) of the Foreign Assistance Act of 1961, and similar provisions of law, shall not apply with respect to the implementation of assistance activities consistent with the purposes of this heading: *Provided further,* That the funds made available under this heading shall be provided only on a grant basis. southern africa, development assistance For necessary expenses to carry out the provisions of sections 103 through 106 of the Foreign Assistance Act of 1961, $50,000,000, which shall be made available, without regard to section 518 of this Act and section 620(q) of the Foreign Assistance Act of 1961, only to assist sector projects supported by the Southern Africa Development Coordination Conference (SADCC) to enhance the economic development of the nine member states forming that regional institution: *Provided,* That at least 50 percent of that amount shall be made available for the transportation sector and the remaining amount shall be made available for one or more of the following sectors: manpower development; agriculture and natural resources; energy (including the improved utilization of electrical power sources which already exist in the member states and offer the potential to swiftly reduce the dependence of those states on South Africa for electricity); and industrial development and trade (including private sector initiatives): *Provided further,* That amounts made available under this heading shall be in addition to any amounts otherwise made available for such purposes and shall be in addition to amounts made available for Africa under the heading “Sub-Saharan Africa, Development Assistance”: *Provided further,* That none of the funds appropriated under this heading may be made available for 101 STAT. 1329–139activities in Angola: *Provided further,* That none of the funds appropriated under this heading may be made available for activities in Mozambique unless the President certifies that it is in the national interest of the United States to do so. philippines, development assistance Of the aggregate of the funds appropriated by this Act to carry out sections 103 through 106 of the Foreign Assistance Act of 1961, not less than $40,000,000 shall be made available only for the Philippines for project and sector assistance primarily in support of the Government of the Philippines’ efforts to promote economic recovery and attain sustained growth through increased rural productivity in both farm and off-farm enterprises, and other activities consistent with the purposes of chapter 1 of part I of the Foreign Assistance Act of 1961: *Provided,* That of the funds made available for the Philippines under section 103 of the Foreign Assistance Act of 1961, as amended, not less than $1,000,000 shall be made available to fund technical assistance to strengthen nonprofit private organizations and cooperatives in conjunction with projects using local currencies generated by sale of Public Law 480 and section 416 commodities. private and voluntary organizations [22 USC 2151u note](/us/usc/t22/s2151u).None of the funds appropriated or otherwise made available by note. this Act for development assistance may be made available to any United States private and voluntary organization, except any cooperative development organization, which obtains less than 20 per centum of its total annual funding for international activities from sources other than the United States Government: *Provided,* That the requirements of the provisions of section 123(g) of the Foreign Assistance Act of 1961 and the provisions on private and voluntary organizations in title II of the “Foreign Assistance and Related Programs Appropriations Act, 1985” (as enacted in Public Law 98–473) shall be superseded by the provisions of this section. private sector revolving fund (including transfers of funds) For necessary expenses to carry out the provisions of section 108 of the Foreign Assistance Act of 1961, not to exceed $9,000,000 to be derived by transfer from funds appropriated to carry out the provisions of chapter 1 of part I of such Act, to remain available until expended. During fiscal year 1988, obligations for assistance from amounts in the revolving fund account under section 108 shall not exceed $12,000,000. loan allocation, development assistance In order to carry out the provisions of part I, the Administrator of the agency responsible for administering such part may furnish loan assistance pursuant to existing law and on such terms and conditions as he may determine: *Provided,* That to the maximum extent practicable, loans to private sector institutions, from funds made available to carry out the provisions of sections 103 through 106, shall be provided at or near the prevailing interest rate paid on 101 STAT. 1329–140Treasury obligations of similar maturity at the time of obligating such funds: *Provided further,* That amounts appropriated to carry out the provisions of chapter 1 of part I which are provided in the form of loans shall remain available until September 30, 1989. american schools and hospitals abroad For necessary expenses to carry out the provisions of section 214, $40,000,000. international disaster assistance For necessary expenses to carry out the provisions of section 491, $25,000,000, to remain available until expended: *Provided,* That not less than $1,000,000 shall be made available only for assistance for children who have become orphans as a result of drought and famine in Sub-Saharan Africa. payment to the foreign service retirement and disability fund For payment to the “Foreign Service Retirement and Disability Fund”, as authorized by the Foreign Service Act of 1980, $35,132,000. operating expenses of the agency for international development For necessary expenses to carry out the provisions of section 667, $406,000,000: *Provided,* That not more than $15,000,000 of this amount shall be for Foreign Affairs Administrative Support: *Provided further,* That except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 per centum of the aggregate of the funds made available for the fiscal year 1988 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be made available only for activities of economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance Act of 1977), historically black colleges and universities, colleges and universities having a student body in which more than 20 percent of the students are Hispanic Americans, and private and voluntary organizations which are controlled by individuals who are black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5)
(B)and
(C)of the International Development and Food Assistance Act of 1977). For purposes of this proviso, economically and socially disadvantaged individuals shall be deemed to include women: *Provided further,*Reports. That the Administrator of the Agency for International Development shall submit to the Committees on Appropriations reports assessing the management and performance of the following offices within the Agency:
(1)Bureau for Science and Technology, Directorate for Human Resources,
(2)Bureau for Science and Technology, Directorate for Health,
(3)Bureau for Food for Peace and Voluntary Assistance, Office of Private and Voluntary Cooperation,
(4)Office of the Science Advisor,
(5)Bureau for Program and Policy Coordination, Office of Economic Affairs,
(6)Bureau for Program and Policy Coordination, Center for Development Information and Evaluation,
(7)Bureau for Asia and Near East, Office of Project Development,
(8)Bureau for Private Enterprise, and
(9)Bureau for Africa, Office of 101 STAT. 1329–141Reports.Development Planning: *Provided further,* That such reports shall assess, among other things, the validity of the goals and objectives of the office or directorate, how well these goals and objectives are being achieved, the performance of the office or directorate in providing services, as appropriate, to other bureau offices and/or to the Agency’s overseas missions, and, given competing demands being placed on overall Agency resources, whether appropriate personnel and funding resources are being made available for Reports.the office or directorate: *Provided further,* That such reports shall be submitted to the Committees on Appropriations by April 15, 1988: *Provided further,* That section 636(c) of the Foreign Assistance Act [22 USC 2396](/us/usc/t22/s2396).of 1961 is amended by striking out “$3,000,000” and inserting in lieu thereof “$6,000,000”: *Provided further,* That notwithstanding any other provision of law, none of the funds appropriated under this heading or under the heading “Operating Expenses of the Agency for International Development Office of the Inspector General” shall lapse as a result of such funds not being used for contributions prescribed by the Federal Employees Retirement System Act of 1986, and such funds shall be made available for other purposes consistent with the purposes of such headings. operating expenses of the agency for international development office of inspector general For necessary expenses to carry out the provisions of section 667, $23,970,000, which sum shall be available only for the operating expenses of the Office of the Inspector General notwithstanding sections 451 or 614 of the Foreign Assistance Act of 1961 or any other provision of law: *Provided,* That up to three percent of the amount made available under the heading “Operating Expenses of the Agency for International Development” may be transferred to and merged and consolidated with amounts made available under this heading: *Provided further,* That except as may be required by an emergency evacuation affecting the United States diplomatic missions of which they are a component element, none of the funds in this Act, or any other Act, may be used to relocate the overseas Regional Offices of the Inspector General to another country: *Provided further,* That section 103(b) of the Omnibus Diplomatic [22 USC 4802](/us/usc/t22/s4802).Security and Antiterrorism Act of 1986 is amended
(1)by striking “; and” at the end of the first paragraph,
(2)by striking the period at the end of the second paragraph and inserting in lieu thereof “; and”, and
(3)by inserting the following paragraph at the end thereof: " “(3) establish, notwithstanding any other provision of law, appropriate overseas staffing levels of the Regional Offices of the Inspector General of the Agency for International Development in effective consultation with the Inspector General of the Agency: *Provided,* That the authority of the Secretary of State shall be exercised only by the Secretary and shall not be delegated to a subordinate officer of the Department of State: *Provided further,* That the Inspector General must report to the appropriate committees of both Houses of the Congress within thirty days the denial by the Secretary of State of a request by the Inspector General to increase or reduce an existing position level of a regional office: *Provided further,* That the total number of positions authorized for the Office of the Inspector General in Washington and overseas shall be determined by the 101 STAT. 1329–142Inspector General within the limitation of the appropriations level provided.”. " housing and other credit guaranty programs During the fiscal year 1988, total commitments to guarantee loans shall not exceed $125,000,000 of contingent liability for loan principal: *Provided,* That the President shall enter into commitments toPresident of U.S. guarantee such loans in the full amount provided under this heading, subject only to the availability of qualified applicants for such guarantees: *Provided further,* That section 223(e)(2) of the Foreign Assistance Act of 1961 is amended by striking out “$40,000,000” and[22 USC 2183](/us/usc/t22/s2183). inserting in lieu thereof “$100,000,000”, and pursuant to such section borrowing authority provided therein may be exercised in such amounts as may be necessary to retain an adequate level of contingency reserves for the fiscal year 1988: *Provided further,* That section 222(a) of the Foreign Assistance Act of 1961 is amended by[22 USC 2183](/us/usc/t22/s2183). striking out “1988” and inserting in lieu thereof “1990”. economic support fund For necessary expenses to carry out the provisions of chapter 4 of part II, $3,188,320,000: *Provided,* That of the funds appropriated under this heading, not less than $1,200,000,000 shall be available only for Israel, which sum shall be available on a grant basis as a cash transfer and shall be disbursed within 30 days of enactment of this Act or by October 31, 1987, whichever is later: *Provided further,* That not less than $815,000,000 shall be available only for Egypt, which sum shall be provided on a grant basis, of which not more than $115,000,000 may be provided as a cash transfer with the understanding that Egypt will undertake significant economic reforms which are additional to those which were undertaken in previous fiscal years, and not less than $200,000,000 shall be provided as Commodity Import Program assistance:President of U.S. *Provided further,* That in exercising the authority to provide cash transfer assistance for Israel and Egypt, the President shall ensure that the level of such assistance does not cause an adverse impact on the total level of nonmilitary exports from the United States to each such country: *Provided further,* That it is the sense of the Congress that the recommended levels of assistance for Egypt and Israel are based in great measure upon their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty: *Provided further,* That of the funds appropriated under this heading $220,000,000 only shall be available for Pakistan: *Provided further,* That not less than $124,000,000 of the funds appropriated under this heading shall be available only for the Philippines: *Provided further, *That not less than an additional $50,000,000 of the funds appropriated under this heading shall be available only for the Philippines to assist in the implementation of agrarian reform in the Philippines if
(1)the Government of the Philippines initiates an effective agrarian reform program and requests assistance from the United States for that program, and
(2)a substantial majority of the resources for the implementation of that program will be provided by the Government of the Philippines or other non-United States donors, or both: *Provided further,* That if the conditions on agrarian reform in the Philippines are not met by August 31, 1988, these funds may be made available for assistance under this heading for 101 STAT. 1329–143other countries or programs: *Provided further,* That not less than $20,000,000 of the funds appropriated under this heading shall be available only for Morocco: *Provided further,* That not less than $10,000,000 of the funds appropriated under this heading shall be available only for Tunisia: *Provided further,* That not less than $15,000,000 of the funds appropriated under this heading shall be available only for Cyprus: *Provided further,* That of the funds appropriated under this heading $35,000,000 only shall be available for Ireland: *Provided further,* That of the funds appropriated under this heading $185,000,000 only shall be available for El Salvador, $80,000,000 only shall be available for Guatemala, $90,000,000 only shall be available for Costa Rica, and $85,000,000 only shall be available for Honduras: *Provided further,* That of the funds appropriated under this heading for El Salvador, 10 percent of such funds may not be obligated until enactment of the ’‘Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989”, and may be obligated only if, by the date of enactment of such Act, the accused murderers of United States marines in El Salvador have not been released from prison as a result of an amnesty program: *Provided further,* That not less than $18,000,000 of the funds appropriated under this heading shall be made available for Jordan, of which a substantial proportion of these funds shall be in support of the development program for the West Bank: *Provided further,* That of the funds appropriated under this heading, not less than $90,000,000 shall be available for Sub-Saharan Africa: *Provided further,* That notwithstanding section 660 of the Foreign Assistance Act of 1961 up to $1,000,000 of the funds appropriated under this heading may be made available to assist the Government of El Salvador’s Special Investigative Unit for the purpose of bringing to justice those responsible for the murders of United States citizens in El Salvador: *Provided further,* That a report of the investigation shall be provided to the Congress: *Provided further,* That $20,000,000 of the funds appropriated under this heading shall be made available to carry out the Administration of Justice program pursuant to section 534 of the Foreign Assistance Act of 1961, of which $300,000 shall be made available for programs for Haiti and not less than $2,000,000 shall be made available for programs for Guatemala: [ 22 USC 2346 note](/us/usc/t22/s2346). *Provided further,* That if funds made available under this heading are provided to a foreign country as cash transfer assistance, that country shall be required to maintain these funds in a separate account and not commingle them with any other funds: *Provided further,* That such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the cash transfer nature of this assistance or which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (H. Rept. No. 98–1159): *Provided further,* That all local currencies that may be generated with such funds provided as a cash transfer shall be deposited in a special account to be used in accordance with section 609 of the President of U.S.Foreign Assistance Act of 1961: *Provided further,* That at least 15 days prior to obligating any such cash transfer assistance to a foreign country under this heading, the President shall submit a notification to the Committees on Appropriations, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be 101 STAT. 1329–144served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by the cash transfer assistance): *Provided further,* That not more than $5,000,000 of the funds made available under this heading may be available to finance tied aid credits, unless the President determines it is in the national interest to provide in excess of $5,000,000 and so notifies the Committees on Appropriations through the regular notification procedures: *Provided further,* That notwithstanding any other provision of law, none of the funds appropriated under this heading may be used for tied aid credits without the prior approval of the Administrator of the Agency for International Development: *Provided further,* That $25,000,000 of the funds appropriated under this heading shall be made available for earthquake relief, rehabilitation, and reconstruction assistance for El Salvador in accordance with section 491 of the Foreign Assistance Act of 1961, which amount shall be accounted for separately and, of which amount, not less than $2,000,000 shall be available for reconstruction and rehabilitation of the National University of El Salvador and other institutions of higher education: *Provided further,* That the Office of the Inspector General of the Agency for International Development shall monitor the use of funds made available under this heading for earthquake relief, rehabilitation, and reconstruction assistance for El Salvador and shall provide, by April 15, 1988, a detailed accounting to the Committees on Appropriations of the uses of the funds made available for El Salvador during fiscal year 1987 for earthquake relief, rehabilitation, and reconstruction: *Provided further,* That $1,000,000 of the funds appropriated under this heading shall be made available, notwithstanding any other provision of law, only for the support of the independent Polish trade union “Solidarity”: *Provided further,* That of the funds appropriated under this heading not less than $1,000,000 shall be made available, notwithstanding any other provision of law, only for the promotion of democratic activities in Chile leading to a transition to democracy: *Provided further,* That funds made available under this heading shall remain available until September 30, 1989. Independent Agencies african development foundation For necessary expenses to carry out the provisions of title V of the International Security and Development Cooperation Act of 1980, Public Law 96–533, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104, title 31, United States Code, $7,000,000. inter-american foundation For expenses necessary to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104, title 31, United States Code, $13,000,000. 101 STAT. 1329–145 overseas private investment corporation The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $35,000 for official reception and representation expenses), and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year. During the fiscal year 1988 and within the resources and authority available, gross obligations for the amount of direct loans shall not exceed $23,000,000. During the fiscal year 1988, total commitments to guarantee loans shall not exceed $200,000,000 of contingent liability for loan principal. peace corps For expenses necessary to carry out the provisions of the Peace Corps Act (75 Stat. 612), $146,200,000, including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States: *Provided,* That none of the funds appropriated under this heading shall be used to pay for abortions: *Provided further,* That section 15(d)(4) of the Peace Corps Act is amended[22 USC 2514](/us/usc/t22/s2514).
(1)by striking out “$2,500” and inserting in lieu thereof “the applicable cost limitation described in section 636(a)(5) of the Foreign Assistance Act of 1961”; and
(2)by inserting “*Provided further,* That the provisions of section 1343 of title 31, United States Code, shall not apply to the purchase of vehicles for the transportation, maintenance, or direct support of volunteers overseas:” after “section 7(c):”: *Provided further,* That notwithstanding the provisions of section 7(a)(2)(A) of the Peace Corps Act (22 U.S.C. 2506(a)(2)(A)), the time-limited appointment as a member of the Foreign Service of an individual
(1)who on April 1, 1987, held such appointment pursuant to section 601(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97–113; 95 Stat. 1540), and
(2)who previously held an appointment for the duration of operations under the Peace Corps Act pursuant to section 5(b) of Public Law 89–134 (79 Stat. 551), shall, effective on the date of the enactment of this Act, be deemed to be an appointment for the duration of operations under the Peace Corps Act: *Provided further,* That the Peace Corps Act is amended by inserting after section 17 (22 U.S.C. 2516) the folloving new section: " “activities promoting americans’ understanding of other peoples “Sec. 18. [22 USC 2517](/us/usc/t22/s2517).In order to further the goal of the Peace Corps, as set forth in section 2 of this Act, relating to the promotion of a better understanding of other peoples on the part of the American people, the Director, utilizing the authorities under section KXaXD and other provisions of law, shall, as appropriate, encourage, facilitate, and assist activities carried out by former volunteers in furtherance of such goal and the efforts of agencies, organizations, and other individuals to support or assist in former volunteers’ carrying out such activities.”. " 101 STAT. 1329–146 Department of State international narcotics control For necessary expenses to carry out the provisions of section 481 of the Foreign Assistance Act of 1961, $98,750,000: *Provided,* That not less than $15,000,000 of the funds appropriated under this heading shall be available for narcotics interdiction and control programs for Bolivia: *Provided further,* That in addition to amounts made available pursuant to the previous proviso, not less than $7,000,000 of the funds appropriated under this heading shall be available for Latin America regional programs. migration and refugee assistance For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code; $346,450,000: *Provided, *That not less than $25,000,000 shall be available for Soviet, Eastern European and other refugees resettling in Israel: *Provided further,* That not less than $8,000,000 shall be available for the construction of educational facilities for North African Jewish refugees in France: *Provided further,* That not less than $114,547,500 shall be available for the refugee admissions program, including AIDS screening: *Provided further,* That not less than $1,500,000 shall be available for education programs at refugee camps in Thailand: *Provided further,* That funds appropriated under this heading shall be administered in a manner that ensures equity in the treatment of all refugees receiving Federal assistance: *Provided further,* That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to ensure against Communist infiltration in the Western Hemisphere: *Provided further,* That of the funds appropriated under this heading $5,000,000 shall be available only for costs of the expedited resettlement of Vietnamese Amerasians eligible for refugee benefits, or, to the extent that any of such funds are not required for this purpose, they may be applied to admissions expenditures for Vietnamese Amerasians and their family members and other related Orderly Departure Program expenses: *Provided further,* That not more than $8,000,000 of the funds appropriated under this heading shall be available for the administrative expenses of the Office of Refugee Programs of the Department of State: *Provided further,* That funds appropriated under this heading for refugees resettling in Israel and for educational facilities for North African Jewish refugees shall be made available notwithstanding any other provision of law: *Provided further,* That H.R. 3770, as introduced in the House of Representatives on December 15, 1987, is hereby enacted into law; section 102 of H.J. Res. 395 shall not apply with respect to provisions enacted by this proviso. 101 STAT. 1329–147 anti-terrorism assistance For necessary expenses to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961, $9,840,000. TITLE III— MILITARY ASSISTANCE Funds Appropriated to the President military assistance For necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, including administrative expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $700,750,000: *Provided, *That of the funds appropriated under this heading not less than $125,000,000 shall be made available only for the Philippines: *Provided further,* That $40,000,000 shall be made available only for Morocco: *Provided further,* That up to $30,000,000 shall be made available only for Tunisia: *Provided further,* That of the funds appropriated under this heading not less than $7,000,000 shall be made available only for Guatemala: *Provided further,* That none of the funds appropriated or otherwise made available pursuant to this Act may be used for the procurement by Guatemala of any weapons or ammunition: *Provided further,* That $156,000,000 only shall be available for Turkey, and $30,000,000 only shall be available for Greece: *Provided further,* That of the funds appropriated under this heading not more than $28,000,000 shall be used for general costs of administering the Military Assistance program: *Provided further, *That not more than $2,400,000 of the funds appropriated under this heading shall be made available for Haiti; any material assistance provided from such funds shall be limited to nonlethal items such as transportation and communications equipment and uniforms: *Provided further,* That funds made available under this heading for Haiti shall be made available only through the regular notification procedures of the Committees on Appropriations: *Provided further, *That of the funds appropriated under this heading $10,000,000 shall be used for the purposes of section 506(c) of the Foreign Assistance Act of 1961 to make reimbursement for the cost of defense articles, defense services and/or defense training provided to the Philippines pursuant to the President’s determination of September 16, 1986, or for an additional amount for use for the general costs of administering the Military Assistance program if the Secretary of Defense so directs in writing: *Provided further,* That, after September 30, 1989, none of the funds appropriated under this heading shall be made available for the purposes of section 503(a)(3) of the Foreign Assistance Act of 1961: *Provided further,* That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and [22 USC 2321h](/us/usc/t22/s2321h).services: *Provided further,* That section 514 of the Foreign Assistance Act of 1961 is amended
(1)by amending subsection (b)(2) to read as follows: “(2) The value of such additions to stockpiles in foreign countries shall not exceed $116,000,000 for fiscal year 1988.”, and
(2)by amending subsection
(c)by inserting “, Thailand,” after “Korea”: *Provided further,* That funds appropriated under this heading shall remain available until September 30, 1990. 101 STAT. 1329–148 international military education and training For necessary expenses to carry out the provisions of section 541, $47,400,000. foreign military credit sales For expenses necessary to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, 4,049,000,000, of which not less than $1,800,000,000 shall be available only for Israel, not less than $1,300,000,000 shall be available only for Egypt, $260,000,000 only shall be available for Pakistan, not less than $12,000,000 shall be available only for Morocco, $334,000,000 only shall be available for Turkey, and not less than $313,000,000 shall be available only for Greece: *Provided,* That to the extent that the Government of Israel requests that funds be used for such purposes, credits made available for Israel under this heading shall, as agreed by Israel and the United States, be available for advanced fighter aircraft programs or for other advanced weapon systems, as follows:
(1)up to $150,000,000 shall be available for research and development in the United States; and
(2)not less than $400,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: *Provided further,* That Israel and Egypt shall be released from their contractual liability to repay the United States Government with respect to all credits provided under this heading, and Pakistan shall be released from such liability with respect to $30,000,000 of the credits provided under this heading, and Turkey shall be released from such liability with respect to $156,000,000 of the credits provided under this heading: *Provided further,* That during fiscal year 1988, gross obligations for the principal amount of direct loans, exclusive of loan guarantee defaults, shall not exceed $4,049,000,000: *Provided further,* That any funds made available under this heading, except as otherwise specified, may be made available at concessional rates of interest, notwithstanding section 31(b)(2) of the Arms Export Control Act: *Provided further,* That the concessional rate of interest on foreign military credit sales loans shall be not less than 5 percent per year: *Provided further,* That all country and funding level changes in requested concessional financing allocations shall be submitted through the regular notification procedures of the Committees on Appropriations: *Provided further, *That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services. foreign military sales debt reform
(a)Refinancing.—Notwithstanding any other provision of[22 USC 2764 note](/us/usc/t22/s2764). law, the President is authorized during fiscal years 1988 through 1991 to transfer existing United States guaranties of outstanding Foreign Military Sales
(FMS)credit debt, or to issue new guaranties, either of which would be applied to loans, bonds, notes or other obligations made or issued (as the case may be) by private United States financial institutions (the private lender) to finance the prepayment at par of the principal amounts maturing after September 30, 1989 of existing FMS loans bearing interest rates of ten percent or higher, and arrearages thereon. The loans, bonds, notes or other obligations are hereinafter referred to as the “private loan”: *Pro-*101 STAT. 1329–149*vided,* That such guaranties which are transferred or are made pursuant to paragraph
(a)shall cover no more and no less than ninety percent of the private loan or any portion or derivative thereof plus unpaid accrued interest and arrearages, if any, outstanding at the time of guaranty transfer or extension: *Provided further,* That the total amount of the guaranty of the private loan cannot exceed ninety percent of the outstanding principal, unpaid accrued interest and arrearages, if any, at any time: *Provided further,* That of the total amount of the private loan, the ninety percent guaranteed portion of the private loan cannot be separated from the private loan at any time: *Provided further,* That no sums in addition to the payment of the outstanding principal amounts maturing after September 30, 1989 of the loan (or advance), plus unpaid accrued interest thereon, and arrearages, if any, shall be charged by the private lender or the Federal Financing Bank as a result of such prepayment against the borrower, the guarantor, or the Guaranty Reserve Fund (GRF), except that the private lender may include, in the interest rate charged, a standard fee to cover costs, such fee which will be set at prevailing market rates, and no guaranty fee shall be charged on guarantees transferred or issued pursuant to this provision: *Provided further,* That the terms of guaranties transferred or issued under this paragraph shall be exactly the same as the existing loans or guarantees, except as modified by this paragraph and including but not limited to the final maturity and principal and interest payment structure of the existing loans which shall not be altered, except that the repayments of the private loan issued debt may be consolidated into two payments per year: *Provided further,* That the private loan or guarantees transferred or issued pursuant to this paragraph shall be fully and freely transferable, except that any guaranty transferred or extended shall cease to be effective if the private loan or any derivative thereof is to be used to provide significant support for any non-registered obligation: *Provided further,* That for purposes of sections 23 and 24 of the Arms Export Control Act (AECA), the term “defense services” shall be deemed to include the refinancing of FMS debt outstanding at the date of the enactment of this Act: *Provided further,* That not later than ninety days after the enactment of this Act, the Secretary of the Treasury (Secretary) shall issue regulations to carry out the purposes of this heading and that in issuing such regulations, the Secretary shall
(1)facilitate the prepayment of loans and loan advances hereunder,
(2)provide for full processing of each application within thirty days of its submission to the Secretary, and
(3)except as provided in section 24(a) of the AECA, impose no restriction that increases the cost to borrowers of obtaining private financing for prepayment hereunder or that inhibits the ability of the borrower to enter into prepayment arrangements hereunder: *Provided further,* That the Secretary of State shall transmit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Appropriations of the House of Representatives and Senate, a copy of the text of any agreement entered into pursuant to this section not more than thirty days after its entry into force, together with a description of the transaction.
(b)Interest Rate Reduction.—Notwithstanding any other provision of law, there is hereby appropriated such sums as may be necessary, but not more than $270,000,000, to be made available after October 1, 1988 to the Secretary of IDefense for the Defense 101 STAT. 1329–150Security Assistance Agency for deposit into a new account, to remain available until expended: *Provided,* That the funds shall be used solely for the purpose of lowering the interest rate on Foreign Military Sales
(FMS)credits which were financed through the Federal Financing Bank
(FFB)for countries which do not refinance one or more FFB loans pursuant to paragraph
(a)of this heading, and which loans have interest rates exceeding ten percent, down to an interest rate of ten percent for the remaining life of such loans: *Provided further,* That these funds shall be available only subject to a Presidential budget request: *Provided further,* That it is the intent of the Congress that these funds shall be available to all countries having FMS credits from the FFB that carry interest rates in excess of ten percent.
(c)Arrearages.—
(1)None of the funds provided pursuant to the Arms Export Control Act (relating to Foreign Military Sales credits) or pursuant to chapter 2 of part II of the Foreign Assistance Act (relating to the Military Assistance program) shall be made available to any country for which one or more loans is refinanced pursuant to paragraph
(a)of this heading and which is in default for a period in excess of ninety days in payment of principal or interest on
(A)any loan made to such country guaranteed by the United States pursuant to paragraph
(a)of this heading, and
(B)any other loan issued pursuant to the Arms Export Control Act outstanding on the date of enactment of this provision.
(2)In conjunction with any interest rate reduction pursuant toPresident of U.S. the authority provided in paragraph
(b)of this heading, the President shall require the country to commit in writing that within two years of the effective date of the interest rate reduction it will be no more than ninety days in arrears on the repayment of principal and interest on all loans for which the interest rate is thus reduced and will remain no more than ninety days in arrears for the remaining life of all such loans. None of the funds provided pursuant to the Arms Export Control Act or chapter 2 of part II of the Foreign Assistance Act shall be made available to any country during any period in which it fails to comply with such commitment.
(d)Purposes and Reports.—The authorities of paragraphs
(a)and
(b)of this heading may be utilized by the President in efforts to negotiate base rights and base access agreements, and for other bilateral foreign policy matters: *Provided further,* That the Secretaries of Defense, State, and Treasury shall transmit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a joint report detailing the United States financial and foreign policy purposes served by implementation of this authority on a country by country basis not later than March 1, 1989, and a second joint report not later than August 1,1989. guaranty reserve fund There are hereby appropriated $532,000,000 to be made available to the Guaranty Reserve Fund for payment to the Federal Financing Bank subject to claims under guarantees issued under the Arms Export Control Act: *Provided,* That if during fiscal year 1989 the funds available in the Guaranty Reserve Fund
(Fund)are insufficient to enable the Secretary of Defense (Secretary) to discharge his responsibilities, as guarantor of loans guaranteed pursuant to sec-101 STAT. 1329–151tion 24 of the Arms Export Control Act
(AECA)or pursuant to this Act, the Secretary shall issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury. Such notes or obligations may be redeemed by the Secretary from appropriations and other funds available, including repayments by the borrowers of amounts paid pursuant to guarantees issued under section 24 of the AECA. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes or other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes for which securities may be issued under the Second Liberty Bond Act are extended to include any purchase of such notes or obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this heading. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. foreign military credit sales (rescission) Of the funds made available in fiscal years 1985 and 1986 for expenses necessary to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $32,000,000 is rescinded. special defense acquisition fund (limitation on obugations) Not to exceed $236,865,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund during fiscal year 1988: *Provided,* That section 632(d) of the Foreign Assistance Act of 1961 shall be applicable to the transfer to countries pursuant to chapter 2 of part II of that Act of defense articles and defense services acquired under chapter 5 of the Arms Export Control Act. peacekeeping operations For necessary expenses to carry out the provisions of section 551, $31,689,000: *Provided,* That, notwithstanding sections 451, 492(b), or 614 of the Foreign Assistance Act of 1961, or any other provision of law, these funds may be used only as justified in the Congressional Presentation Document for fiscal year 1988: *Provided further,* That, to the extent that these funds cannot be used to provide for such assistance, they shall revert to the Treasury as miscellaneous receipts. 101 STAT. 1329–152 TITLE IV— EXPORT ASSISTANCE export-import bank of the united states The Export-Import Bank of the United States is authorized toContracts. make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: *Provided, *That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country other than a nuclear-weapon State as defined in article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act that has detonated a nuclear explosive after the date of enactment of this Act. limitation on program activity During the fiscal year 1988 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $690,000,000: *Provided,* That at the discretion of the Chairman of the Export-Import Bank, up to $110,000,000 of that amount may be available, subject to the regular notification procedures of the Appropriations Committees of the Senate and House of Representatives, as tied-aid credits in accordance with the provisions of the Export-Import Bank Act Amendments of 1986: *Provided further,* That there is appropriated to the Export-Import Bank of the United States an amount equal to the grant amount of tied-aid credits which are made available from time to time, but not to exceed $110,000,000, which shall be subject to the limitation on gross obligations for the principal amount of direct loans specified under this heading: *Provided further,* That during the fiscal year 1988, total commitments to guarantee loans shall not exceed $10,000,000,000 of contingent liability for loan principal: *Provided further,* That the direct loan and guaranty authority provided under this heading shall remain available until September 30,1989. limitation on administrative expenses Not to exceed $19,500,000 (to be computed on an accrual basis) shall be available during fiscal year 1988 for administrative expenses, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $16,000 for official reception and representation expenses for members of the Board of Directors: *Provided,* That
(1)fees or dues to international organizations of credit institutions engaged in financing foreign trade,
(2)necessary expenses (including special services performed on a contract or a fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Export-Import Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and
(3)expenses (other than 101 STAT. 1329–153internal expenses of the Export-Import Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes of this heading. Funds Appropriated to the President trade and development program For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $25,000,000: *Provided,* That of this amount up to $5,000,000 may be used for joint financing with individual State trade promotion organizations of activities directed at the expansion of trade with developing and middle income countries, including such activities as trade fairs, seminars, targeting and feasibility studies, and activities directed at enhancing the use of exports from the United States in bilateral and multilateral projects. Agency for International Development trade credit insurance program During fiscal year 1988, total commitments to guarantee or insure loans for the “Trade Credit Insurance Program” shall not exceed $200,000,000 of contingent liability for loan principal. TITLE V— GENERAL PROVISIONS cost benefit studies Sec. 501. None of the funds appropriated in this Act (other than funds appropriated for “International Organizations and Programs”) shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America under the principles, standards and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory or supplementary thereto. obligations during last month of availability Sec. 502. Except for the appropriations entitled “International Disaster Assistance”, and “United States Emergency Refugee and Migration Assistance Fund”, not more than 15 per centum of any appropriation item made available by this Act shall be obligated during the last month of availability. prohibition against pay to foreign armed service member Sec. 503. None of the funds appropriated in this Act nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any person heretofore or hereafter serving in the armed forces of any recipient country. 101 STAT. 1329–154 termination for convenience Sec. 504. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. prohibition of payments to united nations members Sec. 505. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations. prohibition of bilateral funding for multilateral programs Sec. 506. None of the funds contained in title II of this Act may be used to carry out the provisions of section 209(d) of the Foreign Assistance Act of 1961. aid residence expenses Sec. 507. Of the funds appropriated or made available pursuant to this Act, not to exceed $126,500 shall be for official residence expenses of the Agency for International Development during the current fiscal year: *Provided,* That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. aid entertainment expenses Sec. 508. Of the funds appropriated or made available pursuant to this Act, not to exceed $11,500 shall be for entertainment expenses of the Agency for International Development during the current fiscal year. representational allowances Sec. 509. Of the funds appropriated or made available pursuant to this Act, not to exceed $115,000 shall be available for representation allowances for the Agency for International Development during the current fiscal year: *Provided,* That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars: *Provided further,* That of the total funds made available by this Act under the headings “Military Assistance” and “Foreign Military Credit Sales”, not to exceed $2,875 shall be available for entertainment expenses and not to exceed $75,000 shall be available for representation allowances: *Provided further,* That of the funds made available by this Act under the heading “International Military Education and Training”, not to exceed $125,000 shall be available for entertainment allowances: *Provided further,* That of the funds made available by this Act for the Inter-American Foundation, not to exceed $2,875 shall be available for entertainment and representation allowances: *Provided further,* That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,600 101 STAT. 1329–155shall be available for entertainment expenses: *Provided further,* That of the funds made available by this Act under the heading “Trade and Development Program”, not to exceed $2,300 shall be available for representation and entertainment allowances. prohibition on financing nuclear goods Sec. 510. None of the funds appropriated or made available (other than funds for “International Organizations and Programs”) pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may be used to finance the export of nuclear equipment, fuel, or technology. human rights Sec. 511. Funds appropriated by this Act may not be obligated or expended to provide assistance to any country for the purpose of aiding the efforts of the government of such country to repress the legitimate rights of the population of such country contrary to the Universal Declaration of Human Rights. prohibition against direct funding for certain countries Sec. 512. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, the Socialist Republic of Vietnam, South Yemen, Iran, or Syria. military coups Sec. 513. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to any country whose duly elected Head of Government is deposed by military coup or decree: *Provided,* That assistance may be resumed to such country if the President determines and reports to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office. transfers between accounts Sec. 514. None of the funds made available by this Act may be obligated under an appropriation account to which they were not appropriated without the prior written approval of the Committees on Appropriations. deobugation/reobligation authority Sec. 515. Amounts certified pursuant to section 1311 of the Supplemental Appropriations Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961 for the same general purpose as any of the headings under the “Agency for International Development’ are, if deobligated, hereby continued available for the same period as the respective appropriations under such headings or until September 30, 1988, whichever is later, and for the same general purpose, and for countries within the same region as originally obligated: *Provided,* That the Appropriations Committees of both 101 STAT. 1329–156Houses of the Congress are notified fifteen days in advance of the deobligation and reobligation of such funds. prohibition on publicity or propaganda Sec. 516. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of enactment of this Act by the Congress. availability of funds Sec. 517. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: *Provided,* That funds appropriated for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, shall remain available until expended if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act. limitation on assistance to countries in default Sec. 518. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act. financial institutions—names of borrowers Sec. 519. None of the funds appropriated or made availableLoans. pursuant to this Act shall be available to any international financial institution whose United States governor or representative cannot upon request obtain the amounts and the names of borrowers for all loans of the international financial institution, including loans to employees of the institution, or the compensation and related benefits of employees of the institution. financial institutions—documentation Sec. 520. None of the funds appropriated or made available pursuant to this Act shall be available to any international financial institution whose United States governor or representative cannot upon request obtain any document developed by or in the possession of the management of the international financial institution, unless the United States governor or representative of the institution certifies to the Committees on Appropriations that the confidentiality of the information is essential to the operation of the institution. commerce and trade Sec. 521. None of the funds appropriated or made available pursuant to this Act for direct assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, 101 STAT. 1329–157if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: *Provided,* That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity. surplus commodities [22 USC 262h](/us/usc/t22/s262h). Sec. 522. The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. notification requirements Sec. 523. For the purposes of providing the Executive Branch with the necessary administrative flexibility, none of the funds made available under this Act for “Agriculture, rural development, and nutrition, Development Assistance”, “Population, Development Assistance”, “Child Survival Fund”, “Health, Development Assistance”, “International AIDS Prevention and Control Program”, “Education and human resources development, Development Assistance”, “Private Sector, Environment, and Energy, Development Assistance“, “Science and technology, Development Assistance”, “Sub-Saharan Africa, Development Assistance’, “Southern Africa, Development Assistance”, “International organizations and programs”, “American schools and hospitals abroad”, “Trade and development program”, “International narcotics control”, “Economic support fund”, “Peacekeeping operations”, “Operating expenses of the Agency for International Development”, “Operating expenses of the Agency for International Development Office of Inspector General”, “Ajititerrorism assistance”, “Military Assistance”, “Foreign Military Credit Sales”, “International military education and training”, “Inter-American Foundation”, “African Development Foundation”, “Peace Corps”, or “Migration and refugee assistance”, shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operation not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for the current fiscal year unless the Appropriations Committees of both Houses of Congress are previously notified fifteen days in advance: *Provided,* That the President shall not enter into any commitment of funds appropriated for the purposes of chapter 2 of part II of the Foreign Assistance Act of 1961 or of funds 101 STAT. 1329–158appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, not previously justified to Congress or 20 per centum in excess of the quantities justified to Congress unless the Committees on Appropriations are notified fifteen days in advance of such commitment: *Provided further,* That this section shall not apply to any reprogramming for an activity, program, or project under chapter 1 of part I of the Foreign Assistance Act of 1961 of less than 20 per centum of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year. consulting services Sec. 524. The expenditure of any appropriation under this ActContracts.Public information. for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order pursuant to existing law. prohibition on abortion lobbying Sec. 525. None of the funds appropriated under this Act may be used to lobby for abortion. narcotics control reporting Sec. 526. None of the funds appropriated or otherwise made available under this Act may be available for any country during any three-month period beginning on or after October 1, 1987, immediately following a certification by the President to the Congress that the government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances (as listed in the schedules in section 202 of the Comprehensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812)) which are cultivated, produced, or processed illicitly, in whole or in part, in such country, or transported through such country from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents or from entering the United States unlawfully. limitation on availability of funds for international organizations and programs Sec. 527. Notwithstanding any other provision of law or of this Act, none of the funds provided for “International Organizations and Programs” shall be available for the United States proportionate share for any programs for the Palestine Liberation Organization, the Southwest African Peoples Organization, Libya, Iran, or, at the discretion of the President, Communist countries listed in section 620(f) of the Foreign Assistance Act of 1961, as amended. united nations voting recordPresident of U.S.Reports. Sec. 528.
(a)Not later than January 31 of each year, or at the[22 USC 2414a](/us/usc/t22/s2414a). time of the transmittal by the President to the Congress of the annual presentation materials on foreign assistance, whichever is earlier, the President shall transmit to the Speaker of the House of Rep-101 STAT. 1329–159resentatives and the President of the Senate a full and complete report which assesses, with respect to each foreign country, the degree of support by the government of each such country during the preceding twelve-month period for the foreign policy of the United States. Such report shall include, with respect to each such country which is a member of the United Nations, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, consisting of a comparison of the overall voting practices in the principal bodies of the United Nations during the preceding twelve-month period of such country and the United States, with special note of the voting and speaking records of such country on issues of major importance to the United States in the General Assembly and the Security Council, and shall also include a report on actions with regard to the United States in important related documents such as the Non-Aligned Communique. A full compilation of the information supplied by the Permanent Representative of the United States to the United Nations for inclusion in such report shall be provided as an addendum to such report.
(b)None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to a country which the President finds, based on the contents of the report required to be transmitted under subsection (a), is engaged in a consistent pattern of opposition to the foreign policy of the United States.
(c)The report required by subsection
(a)of this section shall be in the identical format as the “Report to Congress on Voting Practices in the United Nations” which was submitted pursuant to Public Law 99–190 and Public Law 98–164 on June 6,1986. loans to israel under arms export control act Sec. 529. Notwithstanding any other provision of law, Israel may utilize any loan which is or was made available under the Arms Export Control Act and for which repayment is or was forgiven before utilizing any other loan made available under the Arms Export Control Act. prohibition against united states employees recognizing or negotiating with plo Sec. 530. In reaffirmation of the 1975 memorandum of agreement between the United States and Israel, and in accordance with section 1302 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83), no employee of or individual acting on behalf of the United States Government shall recognize or negotiate with the Palestine Liberation Organization or representatives thereof, so long as the Palestine Liberation Organization does not recognize Israel’s right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism. economic support funds for israel Sec. 531. The Congress finds that progress on the peace process in the Middle East is vitally important to United States security interests in the region. The Congress recognizes that, in fulfilling its obligations under the Treaty of Peace Between the Arab Republic of 101 STAT. 1329–160Egypt and the State of Israel, done at Washington on March 26, 1979, Israel incurred severe economic burdens. Furthermore, the Congress recognizes that an economically and militarily secure Israel serves the security interests of the United States, for a secure Israel is an Israel which has the incentive and confidence to continue pursuing the peace process. Therefore, the Congress declares that it is the policy and the intention of the United States that the funds provided in annual appropriations for the Economic Support Fund which are allocated to Israel shall not be less than the annual debt repayment (interest and principal) from Israel to the United States Government in recognition that such a principle serves United States interests in the region. ceilings and earmarks Sec. 532. Ceilings and earmarks contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs. notification requirement on funding for lebanon Sec. 533. None of the funds appropriated or otherwise made available pursuant to this Act for the “Economic Support Fund” or for “Foreign Military Credit Sales“ shall be obligated or expended for Lebanon except as provided through the regular notification procedures of the Committees on Appropriations. limitations related to drug control in jamaica, peru, and bolivia Sec. 534.
(a)In making determinations with respect to Peru and Jamaica pursuant to section 481(h)(2)(A)(i)(I) of the Foreign Assistance Act of 1961, the President shall take into account the extent to which the Government of each country is sufficiently responsive to United States Government concerns on drug control and whether the added provision of assistance for that country is in the national interest of the United States.
(b)In making determinations with respect to Bolivia pursuant to section 481(h)(2)(A)(i)(I) of the Foreign Assistance Act of 1961, the President shall take into account
(1)the extent to which the Government of Bolivia has engaged in narcotics interdiction operations which have significantly disrupted the illicit coca industry in Bolivia or has continued to cooperate with the United States in such operations; and
(2)whether Bolivia has either met the eradication targets for the calendar year 1985 contained in its 1983 narcotics agreements with the United States or has adopted a plan to eliminate illicit narcotics cultivation, production, and trafficking countrywide, and has entered into an agreement of cooperation with the United States for implementing that plan for 1988 and beyond and is making substantial progress toward the plan’s objectives, including substantial eradication of illicit coca crops and effective use of United States assistance. notification concerning aircraft in central america Sec. 535.
(a)During the fiscal year 1988, the authorities of part II of the Foreign Assistance Act of 1961 and the Arms Export Control 101 STAT. 1329–161Act may not be used to make available any helicopters or other aircraft for military use, and licenses may not be issued under section 38 of the Arms Export Control Act for the export of any such aircraft, to any country in Central America unless the Committees on Appropriations, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified in writing at least 15 days in advance.
(b)During the fiscal year 1988, the Secretary of State shall promptly notify the committees designated in subsection
(a)whenever any helicopters or other aircraft for military use are provided to any country in Central America by any foreign country. guatemala—resettlement program Sec. 536. Funds provided in this Act for Guatemala may not be provided to the Government of Guatemala for use in its rural resettlement program, except through the regular notification procedures of the Committees on Appropriations. environmental concerns Sec. 537.
(a)[22 USC 262*l*](/us/usc/t22/s262l).It is the policy of the United States that participation in international financial institutions is predicated on the implementation of programs to promote environmentally sustainable economic growth and sustainable management of natural resources. The Secretary of the Treasury shall instruct the United States Executive Directors of the Multilateral Development Banks (MDB’s) to continue to vigorously promote a commitment of these institutions to—
(1)add appropriately trained professional staff with expertise, and rigorously strengthen existing staffs’ training in ecology and related areas;
(2)develop and implement management plans to ensure systematic environmental review of all projects;
(3)fully inform and involve host country environmental and health officials (Federal and local) and nongovernmental environmental and indigenous peoples organizations at all stages of the project cycle in environmentally sensitive projects as well as in policy based lending to ensure the active participation of local communities and non-governmental organizations in the planning of projects that may adversely affect them;
(4)substantially increase the proportion of lending supporting environmentally beneficial projects and project components, including but not limited to technical assistance for environmental ministries and institutions, resource rehabilitation projects and project components, protection of indigenous peoples, and appropriate light capital technology projects. Other examples of such projects include small scale mixed farming and multiple cropping, agroforestry, programs to promote kitchen gardens, watershed management and rehabilitation, high yield wood lots, integrated pest management systems, dune stabilization programs, programs to improve energy efficiency, energy efficient technologies such as small scale hydro projects, solar, wind and biomass energy systems, rural and mobile telecommunications systems, and improved efficiency and management of irrigation systems; and 101 STAT. 1329–162
(5)conduct analyses of the comparative costs of new generating facilities with the cost of increasing energy efficiency in the project service area.
(b)The Secretary of the Treasury shall instruct the United States Executive Directors of the MDB’s and, where appropriate, the International Monetary Fund
(IMF)to—
(1)promote the requirement that all country lendingLoans. strategies, policy based loans and adjustment programs contain analyses of the impact of such activities on the natural resources, potential for sustainable development, and legal protections for the land rights of indigenous peoples;
(2)promote the establishment of programs of policy-based lending in order to improve natural resource management, environmental quality, and protection of biological diversity;
(3)seek a commitment of these institutions to promote the conservation of wetlands, tropical forests, and other unique biological and highly productive ecosystems.
(c)The Secretary of the Treasury shall undertake an analysis uf potential initiatives, to be implemented through the MDB’s, the IMF and other existing or newly created institutions, to enable developing countries to repay portions of their outstanding debt through investments in conservation of tropical forests, wetlands and other conservation activities. The Secretary of the Treasury shall reportReports. his findings and implementation plan (including projected timetable) for such “debt for conservation” initiatives including, but not limited to conservation exchanges, to the Committees on Appropriations by April 1, 1988. Initiatives to be considered shall include, but not be limited to—
(1)the operation of mechanisms to purchase, at market discounts, developing country debt in exchange for domestic currency investments in conservation at the full par value of the purchased debt;
(2)the operation of mechanisms to reschedule substantial amounts of developing country debt to longer term maturities with reduced interest rates in exchange for borrower country conservation investment in local currencies; and
(3)the establishment of programs by the World Bank and IMF to encourage the private purchase of developing country debt at discount rates in exchange for local currency conservation investments at the full par value of such debt.
(d)In order to promote sustainable and non-chemical dependent agriculture, the Secretary of the Treasury shall instruct the United States Executive Directors of the MDB’s to initiate discussions with other directors of the MDB’s to propose that policies be established that integrated pest management and biological control of pests be a preferential and priority approach to pest management on all bank sponsored agricultural projects.
(e)The Secretary of the Treasury shall instruct the United States Executive Director to the International Monetary Fund to promote the requirement that the IMF conduct an in-depth analysis of the impact of its adjustment policies and conditionality of its lending facilities on the environment, public health, natural resources and indigenous people.
(f)No later than March 30, 1988, the Secretary of State and the Administrator of the Agency for International Development shall initiate discussions with other donor nations, to explore ways in which said donor nations can support the addition of professionals 101 STAT. 1329–163trained in environmental and sociocultural impact analysis to the Inter-American Development Bank, Asian Development Bank and African Development Bank. On the basis of such discussions the Secretary of State and the Administrator of the Agency for International Development shall provide resources, including professional staff on loan, and/or financial support, to ensure with other donor nations the addition of sufficient staff trained in environmental and sociocultural impact analysis to each of the above named regional development banks.
(g)The Secretary of the Treasury and the Secretary of State, in cooperation with the Administrator of the Agency for International Development, shall conduct bilateral and multilateral discussions with other members of the MDB’s to further strengthen the environmental performance of each bank. These discussions shall include, but not be limited to organizational, administrative and procedural arrangements to remove impediments to the efficient and effective management of assistance programs necessary to protect and ensure the sustainable use of natural resources and to carry out such assistance programs in consultation with affected local communities.
(h)The Administrator of the Agency for International Development, in consultation with the Secretaries of Treasury and State, shall continue, and work to enhance, the operation of the “early warning system”, by—
(1)instructing overseas missions of the Agency for International Development and embassies of the United States to analyze the impacts of Multilateral Development Bank loans well in advance of a loan’s approval. Such reviews shall address the economic viability of the project; adverse impacts on the environment, natural resources, public health, and indigenous peoples; and recommendations as to measures, includingPublic information.Loans.alternatives, that could eliminate or mitigate adverse impacts. If not classified under the national security system of classification, such information shall be made available to the public;
(2)compiling a list of proposed Multilateral Development Bank loans likely to have adverse impacts on the environment, natural resources, public health, or indigenous peoples. The list shall contain the information identified in paragraph (1), shall be updated in consultation with interested members of the public, and shall be made available to the Committees on Appropriations by April 1, 1988 and semiannually thereafter; and
(3)creating a cooperative mechanism for sharing information collected through the “early warning system” with interested donor and borrowing nations and encouraging the Multilateral Development Banks to institute a similar system.
(i)If a review required by subsection
(h)identifies adverse impacts to the environment, natural resources, or indigenous peoples, the Secretary of the Treasury shall instruct the United States Executive Director of the appropriate MDB to seek changes to the project necessary to eliminate or mitigate those impacts.
(j)Reports.The Committee on Health and Environment of the Agency for International Development, called for in section 539(i) of the Foreign Assistance and Related Programs Appropriations Act, 1987, shall report its findings to the Committees on Appropriations by February 1,1988. 101 STAT. 1329–164
(k)The Secretary of State, in consultation with the Secretary ofReports. the Treasury, the Administrator of the Agency for International Development, other appropriate Federal agencies, and interested members of the public, shall prepare and submit to the Committees on Appropriations and the appropriate authorizing committees by August 1, 1988, a report on a comprehensive strategy for maximizing the use of foreign assistance provided by the United States through multilateral and bilateral development agencies to address natural resources problems, such as desertification, tropical deforestation, the loss of wetlands, soil conservation, preservation of wildlife and biological diversity, estuaries and fisheries, croplands and grasslands. The report shall include, but not be limited to—
(1)an identification of the multilateral and bilateral agencies funded in part or in whole by the United States Government, whose activities have, or could have, a significant impact on sustainable natural resource use, and the rights and welfare of indigenous people, in the developing countries;
(2)a description of the internal policies and procedures by which each of these agencies addresses these issues, as well as a description of their own organizational structures for doing so;
(3)an assessment of how the funds contributed by the United States to these agencies can best be used in the future to address these issues. prohibition concerning abortions and involuntary sterilization Sec. 538. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. The Congress reaffirms its commitments to Population, Development Assistance and to the need for informed voluntary family planning. afghanistan—humanitarian assistance Sec. 539. Not less than $45,000,000 of the aggregate amount of funds appropriated by this Act, to be derived in equal parts from the funds appropriated to carry out the provisions of chapter 1 of part I of the Foreign Assistance Act of 1961, and chapter 4 of part II of that Act, shall be available for the provision of food, medicine, or other humanitarian assistance to the Afghan people, notwithstanding any other provision of law. 101 STAT. 1329–165 cambodian non-communist resistance forces Sec. 540. President of U. S.The President shall make available to the Cambodian non-Communist resistance forces not more than $5,000,000 of the funds appropriated by this Act for “Military Assistance” and for the “Economic Support Fund”, notwithstanding any other provision of law: *Provided,* That funds appropriated by this Act for this purpose shall be obligated in accordance with the provisions of section 906 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83). private voluntary organizations-documentation Sec. 541. None of the funds appropriated or made available pursuant to this Act shall be available to a private voluntary organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Agency for International Development, nor shall any of the funds appropriated by this Act be made available to any private voluntary organization which is not registered with the Agency for International Development. el salvador—investigation of murders Sec. 542. Of the amounts made available by this Act for military assistance and financing for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act, $5,000,000 may not be expended until the President reports, following the conclusion of the Appeals process in the case of Captain Avila, to the Committees on Appropriations that the Government of El Salvador has
(1)substantially concluded all investigative action with respect to those responsible for the January, 1981 deaths of the two United States land reform consultants Michael Hammer and Mark Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo Viera, and
(2)pursued all legal avenues to bring to trial and obtain a verdict of those who ordered and carried out the January, 1981, murders. refugee resettlement Sec. 543. It is the sense of the Congress that all countries receiving United States foreign assistance under the “Economic Support Fund”, “Foreign Military Credit Sales”, “Military Assistance”, “International Military Education and Training”, the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480), development assistance programs, or trade promotion programs should fully cooperate with the international refugee assistance organizations, the United States, and other governments in facilitating lasting solutions to refugee situations. Further, where resettlement to other countries is the appropriate solution, such resettlement should be expedited in cooperation with the country of asylum without respect to race, sex, religion, or national origin. immunizations for children Sec. 544.
(a)The Congress finds that—
(1)the United Nations Children’s Fund (UNICEF) reports that four million children die annually because they have not 101 STAT. 1329–166been immunized against the six major childhood diseases: polio, measles, whooping cough, diphtheria, tetanus, and tuberculosis;
(2)at present less than 20 percent of children in the developing world are fully immunized against these diseases;
(3)each year more than five million additional children are permanently disabled and suffer diminished capacities to contribute to the economic, social and political development of their countries because they have not been immunized;
(4)ten million additional childhood deaths from immunizable and potentially immunizable diseases could be averted annually by the development of techniques in biotechnology for new and cost-effective vaccines;
(5)the World Health Assembly, the Executive Board of the United Nations Children’s Fund, and the United Nations General Assembly are calling upon the nations of the world to commit the resources necessary to meet the challenge of universal access to childhood immunization by 1990;
(6)the United States, through the Centers for Disease Control and the Agency for International Development, joined in a global effort by providing political and technical leadership that made possible the eradication of smallpox during the 1970’s;
(7)the development of national immunization systems that can both be sustained and also serve as a model for a wide range of primary health care actions is a desired outcome of our foreign assistance policy;
(8)the United States Centers for Disease Control headquartered in Atlanta is uniquely qualified to provide technical assistance for a worldwide immunization and eradication effort and is universally respected;
(9)at the 1984 Bellagio Conference it was determined that the goal of universal childhood immunization by 1990 is indeed achievable;
(10)the Congress, through authorizations and appropriations for international health research and primary health care activities and the establishment of the Child Survival Fund, has played a vital role in providing for the well-being of the world’s children;
(11)the Congress has expressed its expectation that the Agency for International Development will set as a goal the immunization by 1990 of at least 80 percent of all the children in those countries in which the Agency has a program; and
(12)the United States private sector and public at large have responded generously to appeals for support for national immunization campaigns in developing countries.
(1)The Congress calls upon the President to direct the Agency for International Development, working through the Centers for Disease Control and other appropriate Federal agencies, to work in a global effort to provide enhanced support toward achieving the goal of universal access to childhood immunization by 1990 by—
(A)assisting in the delivery, distribution, and use of vaccines, including—
(i)the building of locally sustainable systems and technical capacities in developing countries to reach, by the appropriate age, not less than 80 per centum of their annually projected target population with the full schedule of required immunizations, and 101 STAT. 1329–167
(ii)the development of a sufficient network of indigenous professionals and institutions with responsibility for developing, monitoring, and assessing immunization programs and continually adapting strategies to reach the goal of preventing immunizable diseases; and
(B)performing, supporting, and encouraging research and development activities, both in the public and private sector, that will be targeted at developing new vaccines and at modifying and improving existing vaccines to make them more appropriate for use in developing countries.
(2)In support of this global effort, the President should appeal to the people of the United States and the United States private sector to support public and private efforts to provide the resources necessary to achieve universal access to childhood immunization by 1990. ethiopia—forced resettlement, villagization Sec. 545. None of the funds appropriated in this Act shall be made available for any costs associated with the Government of Ethiopia’s forced resettlement or villagization programs. sudan, ecuador and jamaica notification requirements Sec. 546. None of the funds appropriated in this Act shall be obligated or expended for Sudan, Jamaica or for Ecuador except as provided through the regular notification procedures of the Committees on Appropriations. definition of program, project, and activity Sec. 547. For the purpose of this Act, “program, project, and activity” shall be defined at the Appropriations Act account level and shall include all Appropriations and Authorizations Acts earmarks, ceilings, and limitations with the exception that for the following accounts: Economic Support Fund; Military Assistance; and Foreign Military Credit Sales, “program, project, and activity” shall also be considered to include country, regional, and central program level funding within each such account; for the functional development assistance accounts of the Agency for International Development “program, project, and activity” shall also be considered to include central program level funding, either as
(1)justified to the Congress, or
(2)allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within thirty days of enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961, as amended. child survival activities Sec. 548. Of the funds made available by this Act and appropriated for the “Child Survival Fund” and “Health, Development Assistance”, up to an additional $5,000,000 may be used to reimburse United States Government agencies, agencies of State governments, and institutions of higher learning for the full cost of up to thirty employees detailed or assigned, as the case may be, to the Agency for International Development for the purpose of carrying out child survival activities: *Provided,* That personnel which are detailed or assigned for the purposes of this section shall not be included within any personnel ceiling applicable to any United 101 STAT. 1329–168States Government agency during the period of detail or assignment. countries with illicit drug production—transfer of funding Sec. 549. If any funds appropriated by this Act for “Economic Support Fund”, “Military Assistance”, “International Military Education and Training”, or “Foreign Military Credit Sales” are not used for assistance for the country for which those funds were allocated because that country has not taken adequate steps to halt illicit drug production or trafficking, those funds shall be reprogrammed for additional assistance for those countries which have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking. interamerican development bank—coordination of projects Sec. 550. The Secretary of the Treasury shall instruct the United States Executive Director of the Inter-American Development Bank to work with the representatives, and with the ministries from which they receive their instructions, of other donor nations to the Inter-American Development Bank, to develop a coordinated economic development program for the assistance activities of the Bank. Such program should be developed in cooperation with the Department of State and the Agency for International Development to ensure that the bilateral economic assistance programs of the United States are effectively coordinated with the activities of the Inter-American Development Bank. chile—loans from multilateral development institutions Sec. 551.
(a)It is the sense of Congress that pursuant to section 701 of the International Institutions Act of 1977, the United States Government should oppose all loans to Chile from multilateral development institutions, except for those for basic human needs, until—
(1)the Government of Chile has ended its practice and pattern of gross abuse of internationally recognized human rights;
(2)significant steps have been taken by the Government of Chile to restore democracy, including—
(A)the implementation of political reforms which are essential to the development of democracy, such as the legalization of political parties, the enactment of election laws, the establishment of freedom of speech and the press, and the fair and prompt administration of justice; and
(B)a precise and reasonable timetable has been estate lished for the transition to democracy.
(b)Except as otherwise specified in this Act, none of the funds made available by this Act for the “Economic Support Fund” or for title III shall be obligated or expended for Chile. commodity competition Sec. 552. None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a 101 STAT. 1329–169foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: *Provided,* That this section shall not prohibit:
(1)activities designed to increase food security in developing countries where such activities will not have a significant impact in the export of agricultural commodities of the United States; or
(2)research activities intended primarily to benefit American producers. prohibition of funding related to competition with united states exports Sec. 553. None of the funds provided in this Act to the Agency for International Development, other than funds made available to carry out Caribbean Basin Initiative programs under the Tariff Schedules of the United States, 19 U.S.C. 1202, schedule 8, part I, subpart B, item 807.00, shall be obligated or expended—
(1)to procure directly feasibility studies or prefeasibility studies for, or project profiles of potential investment in, the manufacture, for export to the United States or to third country markets in direct competition with United States exports, of import-sensitive articles as defined by section 503(c)(D
(A)and
(E)of the Tariff Act of 1930 (19 U.S.C. 2463(c)(D
(A)and (E)); or
(2)to assist directly in the establishment of facilities specifically designed for the manufacture, for export to the United States or to third country markets in direct competition with United States exports, of import-sensitive articles as defined in section 503(c)(D
(A)and
(E)of the Tariff Act of 1930 (19 U.S.C. 2463(c)(D
(A)and (E)). prohibition against indirect funding to certain countries Sec. 554. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated to finance in-directly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, the Socialist Republic of Vietnam, South Yemen, or Syria unless the President of the United States certifies that the withholding of these funds is contrary to the national interest of the United States. assistance for liberia Sec. 555.
(a)Funds appropriated by this Act under the heading “Military Assistance” or “Economic Support Fund“ may be made available for assistance for Liberia only if—
(1)the Administrator of the Agency for International Development certifies to the Congress that the Government of Liberia—
(A)has taken significant steps to: reduce extra-budgetary expenditures; reduce borrowing from any source (whether local or foreign) in anticipation of future tax receipts, profit sharing, maritime revenues, or other revenues; reduce the use of off-shore funds for the financing of domestic expenditures; and reduce the extent to which public expenditures exceed allocations; and
(B)has ceased diverting and misusing United States assistance, and has paid all amounts owed to the local 101 STAT. 1329–170currency accounts (established pursuant to the Agricultural Trade Development and Assistance Act of 1954) for the shortfalls in its payments for the fiscal years 1983 and 1984; and
(2)the Secretary of State certifies to the Congress that the Government of Liberia is making significant progress toward—
(A)permitting all political parties to freely organize, assemble, and disseminate their views as provided for by the Liberian constitution;
(B)respecting constitutional guarantees of freedom of the press and freedom of speech;
(C)maintaining the independence of the legislative branch in accordance with the Liberian constitution;
(D)establishing and maintaining an independent judiciary;
(E)providing full access to all political prisoners by internationally respected human rights organizations for the purpose of investigating human rights abuses; and
(F)improving the human rights situation.
(b)None of the funds appropriated in this Act shall be obligated or expended for Liberia except as provided through the regular notification procedures of the Committees on Appropriations.
(c)The requirements of this section are in addition to any other statutory requirements applicable to assistance for Liberia. reciprocal leasing Sec. 556. Section 61(a) of the Arms Export Control Act is amended[22 USC 2796](/us/usc/t22/s2796). by striking out “1987” and inserting in lieu thereof “1988”. assistance for pakistan Sec. 557. Section 620E(d) of the Foreign Assistance Act of 1961[22 USC 2375](/us/usc/t22/s2375). is amended by striking out “September 30, 1987” and inserting in lieu thereof “April 1, 1990”. limitation on defense equipment drawdown Sec. 558. Defense articles, services and training drawn down under the authority of section 506(a) of the Foreign Assistance Act of 1961, shall not be furnished to a recipient unless such articles are delivered to, and such services and training initiated for, the recipient country or international organization not more than one hundred and twenty days from the date on which Congress received notification of the intention to exercise the authority of that section: *Provided,* That if defense articles have not been delivered or services and training initiated by the period specified in this section, a new notification pursuant to section 506(b) of such Act shall be provided, which shall include an explanation for the delay in furnishing such articles, services, and training, before such articles, services, or training may be furnished. notification on excess defense equipment Sec. 559. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on 101 STAT. 1329–171Appropriations to the same extent and under the same conditions as are other committees pursuant to subsection
(c)of that section. authorization requirement Sec. 560. Funds appropriated or otherwise made available by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 and section 15 of the State Department Basic Authorities Act of 1956: *Provided,* That of the funds appropriated by this Act under the headings “Military Assistance”, “Economic Support Fund”, and “Foreign Military Credit Sales” (excluding loans for which liability for repayment is released pursuant to this Act), not more than 33‘A percent of amounts remaining unobligated for each respective account on the date of enactment of this Act may be obligated prior to April 1,1988, unless an Act authorizing appropriations for such account has been enacted. notification concerning el salvador Sec. 561.
(a)The Congress expects that—
(1)the Government of El Salvador and the armed opposition forces and their political representatives will be willing to pursue a dialogue for the purposes of achieving an equitable political settlement of the conflict, including free and fair elections;
(2)the elected civilian government will be in control of the Salvadoran military and security forces, and those forces will comply with applicable rules of international law and with Presidential directives pertaining to the protection of civilians during combat operations, including Presidential directive C-111-03-984 (relating to aerial fire support);
(3)the Government of El Salvador will make demonstrated progress, during the period covered by each report pursuant to subsection (b), in ending the activities of the death squads;
(4)the Government of El Salvador will make demonstrated progress, during the period covered by each report pursuant to subsection (b), in establishing an effective judicial system; and
(5)the Government of El Salvador will make demonstrated progress, during the period covered by each report pursuant to subsection (b), in implementing the land reform program.
(b)Reports.—President of U.S.On April 1, 1988, and September 30, 1988, the President shall report to the Speaker of the House of Representatives, the Committees on Appropriations and the chairman of the Committee on Foreign Relations of the Senate on the extent to which the objectives described in subsection
(a)are being met. With respect to the objective described in paragraph
(4)of that subsection, each report shall specify the status of all cases presented to the Salvadoran courts involving human rights violations against civilians by members of the Salvadoran security forces, including military officers and other military personnel and civil patrolmen. turkish and greek military forces on cyprus Sec. 562. [22 USC 2373](/us/usc/t22/s2373).Section 620C of the Foreign Assistance Act of 1961 is amended by adding at the end the following: " “(e)
(1)Any agreement for the sale or provision of any article on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) entered into by the United States 101 STAT. 1329–172after the enactment of this provision shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus. “(2) The President shall report to Congress any substantialPresident of U.S.Reports. evidence that equipment provided under any such agreement has been used in a manner inconsistent with the purposes of this subsection.”. " notification to congress on debt relief agreements Sec. 563. The Secretary of State shall transmit to the[22 USC 2395a note](/us/usc/t22/s2395a). Appropriations Committees of the Congress and to such other Committees as appropriate, a copy of the text of any agreement with any foreign government which would result in any debt relief no less than thirty days prior to its entry into force, other than one entered into pursuant to this Act, together with a detailed justification of the interest of the United States in the proposed debt relief: *Provided, *That the term “debt relief’ shall include any and all debt prepayment, debt rescheduling, and debt restructuring proposals and agreements. middle east regional cooperation Sec. 564. Middle East regional cooperative programs which have been carried out in accordance with section 202(c) of the International Security and Development Cooperation Act of 1985 shall continue to be funded at a level of not less than $5,000,000 from funds appropriated under the heading “Economic Support Fund”: *Provided,* That of this amount not less than $500,000 shall be made available for scholarships for support of Israeli students studying in institutions of higher education in Arab countries and not less than $500,000 shall be made available for scholarships for support of Arab students studying in institutions of higher education in Israel: *Provided further,* That such scholarships shall be called “Arab-Israeli Peace Scholarships”. assistance for the people of lebanon Sec. 565. The Congress recognizes that the people of Lebanon have suffered greatly during much of the past two decades from the effects of natural disasters and civil strife. The Congress further recognizes that assistance provided through nongovernmental organizations has had a significant impact in mitigating the adverse consequences of these unfortunate events on the Lebanese people. Therefore, up to $5,000,000 of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 shall be made available to provide assistance for the people of Lebanon. Such assistance shall be made available only through the United Nations Children’s Fund, indigenous non-governmental organizations, or international organizations, and shall be provided in accordance with the general authorities contained in section 491 of the Foreign Assistance Act of 1961. membership designation in asian development bank Sec. 566. It is the Sense of the Congress that the United States Government should use its influence in the Asian Development Bank to secure reconsideration of that institution’s decision to designate Taiwan (the Republic of China) as “Taipei, China”. It is 101 STAT. 1329–173further the Sense of the Congress, that the Asian Development Bank should resolve this dispute in a fashion that is acceptable to Taiwan (the Republic of China). depleted uranium Sec. 567. None of the funds provided in this or any other Act may be made available to facilitate in any way the sale of M–833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than
(1)countries which are members of NATO, or
(2)countries which have been designated as a major non-NATO ally for purposes of section 1105 of the National Defense Authorization Act for Fiscal Year 1987. earmarks Sec. 568. Funds appropriated by this Act which are earmarked may be repropammed for other programs within the same account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this or any other Act: *Provided,* That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations. haiti Sec. 569.
(a)Suspension of Assistance.—During fiscal year 1988, none of the funds made available by this Act or by any other Act or joint resolution may be obligated or expended to provide United States assistance (including any such assistance appropriated and previously obligated) for Haiti (other than the assistance described in subsection
(b)of this section) unless the democratic process set forth in the Haitian Constitution approved by the Haitian people on March 29, 1987, especially those provisions relating to the provisional Electoral Council, is being fully and faithfully adhered to by the Government of Haiti.
(b)Exceptions.—The term “United States assistance“ does not include—
(1)assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 insofar as such assistance is provided through private and voluntary organizations or other nongovernmental agencies;
(2)assistance which involves the donations of food or medicine;
(3)disaster relief assistance (including any assistance under chapter 9 of part I of the Foreign Assistance Act of 1961);
(4)assistance for refugees;
(5)assistance under the Inter-American Foundation Act;
(6)assistance necessary for the continued financing of education for Haitians in the United States; or
(7)assistance provided in order to enable the continuation of migrant and narcotics interdiction operations.
(c)Other Sanctions.—It is the sense of the Congress that, in order to further encourage the Government of Haiti to adhere to the constitutionally mandated transition to democracy, the President should— 101 STAT. 1329–174
(1)suspend Haiti’s eligibility for benefits under the Caribbean Basin Economic Recovery Act; and
(2)seek international cooperation to encourage such adherence by the Government of Haiti through the imposition of an international arms embargo and comprehensive trade and financial sanctions. assistance for panama Sec. 570.
(a)Unless the President certifies to Congress that—[22 USC 2151 note](/us/usc/t22/s25151).
(1)the Government of Panama has demonstrated substantial progress in assuring civilian control of the armed forces and that the Panama Defense Forces and its leaders have been removed from non-military activities and institutions;
(2)the Government of Panama is conducting an impartial investigation into allegations of illegal actions by members of the Panama Defense Forces;
(3)a satisfactory agreement has been reached between the governing authorities and representatives of the opposition forces on conditions for free and fair elections; and
(4)freedom of the press and other constitutional guarantees, including due process of law, are restored to the Panamanian people; then no United States assistance (including any such assistance appropriated and previously obligated) shall be obligated or expended for Panama in this fiscal year and any fiscal year thereafter, and none of the funds appropriated or otherwise made available in this Act, or any other Act, shall be used to finance any participation of the United States in joint military exercises conducted in Panama during the period January 1, 1988, through December 31, 1988.
(b)It is the sense of the Congress that if the conditions described in paragraphs
(1)through
(4)of subsection
(a)have been certified as having been met, then not only will United States assistance be restored, but increased levels of such assistance should be considered for Panama.
(c)For purposes of this section, the term “United States assistance” means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government, including—
(1)assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of such Act);
(2)sales, credits, and guarantees under the Arms Export Control Act;
(3)sales under title I or III and donations under title II of the Agricultural Trade Development and Assistance Act of 1954 of nonfood commodities;
(4)other financing programs of the Commodity Credit Corporation for export sales of nonfood commodities;
(5)financing under the Export-Import Bank Act of 1945; and
(6)assistance provided by the Central Intelligence Agency or assistance provided by any other entity or component of the United States Government if such assistance is carried out in connection with, or for purposes of conducting, intelligence or intelligence-related activities except that this shall not include activities undertaken solely to collect necessary intelligence; 101 STAT. 1329–175except that the term “United States assistance” does not include
(A)assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 insofar as such assistance is provided through private and voluntary organizations or other nongovernmental agencies,
(B)assistance which involves the donations of food or medicine,
(C)disaster relief assistance (including any assistance under chapter 9 of part I of the Foreign Assistance Act of 1961),
(D)assistance for refugees,
(E)assistance under the Inter-American Foundation Act,
(F)assistance necessary for the continued financing of education for Panamanians in the United States, or
(G)assistance made available for termination costs arising from the requirements of this section.
(d)The Secretary of Treasury shall instruct the United States Executive Directors to the Multilateral Development Banks (the International Bank for Reconstruction and Development, the Inter national Finance Corporation, and the Inter-American Development Bank) to vote against any loan to Panama, unless the President has certified in advance that the conditions set forth in subsection
(a)of this section have been met. eumination of the sugar quota allocation of panama Sec. 571.
(a)In General.—[7 USC 3602 note](/us/usc/t7/s3602).Notwithstanding any other provision of law, no sugars, sirups, or molasses that are products of Panama may be imported into the United States after the date of enactment of this Act during any period for which a limitation is imposed by authorities provided under any other law on the total quantity of sugars, sirups, and molasses that may be imported into the United States: *Provided,* That such products may be imported after the beginning of the last week of any quota year if the President certifies that for the entire duration of the quota year, freedom of the press and other consitutional guarantees, including due process of law, have been restored to the Panamanian people.
(b)Reallocation of Quota Amounts.—For any quota year for which the President does not certify for the entire duration of the quota year, freedom of the press and all other constitutional guarantees, including due process of law, have been restored to the Panamanian people, no later than the last week of such quota year, the United States Trade Representative shall reallocate among other foreign countries the quantity of sugar, sirup, and molasses products of Panama that could have been imported into the United States before the date of enactment of this Act under any limitation imposed by other law on the total quantity of sugars, sirups, and molasses that may be imported into the United States during any period.
(c)Conforming Amendments to Tariff Schedules.—
(1)Paragraph (c)(i) of headnote 3 of subpart A of part 10 of schedule 1 of the Tariff Schedules of the United States is amended by striking out the item relating to Panama in the table.
(2)Paragraph
(c)of headnote 3 of subpart A of part 10 of schedule 1 of the Tariff Schedules of the United States is amended by adding at the end thereof the following new subparagraph: " “(iii) Notwithstanding any authority given to the United States Trade Representative under paragraphs
(e)and
(g)of this headnote, no allocation may be made to Panama of any portion of any limitation imposed under any paragraph of this headnote on the 101 STAT. 1329–176quantity of sugars, sirups, and molasses described in items 155.20 and 155.30 which may be entered.”. "
(d)Certification.—The provisions of subsections
(a)and (b), and the amendments made by subsection
(c)of this section, shall cease to apply if the President certifies to Congress pursuant to section 570(a)1212 Original copy read “569(a)“. of this Act. commercial leasing of defense articles Sec. 572. Section 23(a) of the Arms Export Control Act is amended by adding at the end the following: “Notwithstanding any other provision of law, and subject to the regular notification requirements of the Committees on Appropriations, the authority of this section may be used to provide financing to Israel and Egypt for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under this Act.”. stingers in the persian gulf region Sec. 573.
(a)Prohibition.—Except as provided in subsection (b), no Stinger antiaircraft missiles may be provided, directly or indirectly, by sale, lease, grant or otherwise, during fiscal year 1988 to any country in the Persian Gulf region.
(b)Exception.—Notwithstanding the prohibition in subsection (a), such missiles may be provided to Bahrain if the President certifies to Congress that—
(1)such missiles are needed by the recipient country to counter an immediate air threat and/or to contribute to the protection of United States personnel, facilities or operations;
(2)no other appropriate system is available from the United States;
(3)the recipient agrees to safeguards as required in the Letter of Offer and Acceptance by the United States Government to protect against diversion; and
(4)the recipient country has agreed to a United States buyback of all the remaining missiles and components which have not been destroyed or fired in order to return them to the possession and control of the United States when another United States air defense system which meets the military requirements can be made available or not more than 18 months from the enactment of this legislation.
(c)Report.—Not later than 3 months after the date of enactmentPresident of U.S. of this Act, the President shall submit to the Congress a report which assesses the global threat caused by the proliferation of man-portable ground-to-air missiles with advanced technology comparable to that of the Stinger missile, without regard to the country of origin of those missiles. This report shall give special emphasis to the danger of such missiles being used in acts of terrorism. Further, that the President review and report every 3 months on the conditions and timing under which the appropriate system may be deliv-101 STAT. 1329–177ered and the means for subsequent recovery of any Stinger missiles sold under the authority of this provision.
(d)Notification.—President of U.S.Before issuing any letter of offer to sell or provide Stinger missiles (without regard to the amount of the sale or transfer) the President shall notify the Speaker of the House of Representatives and the Majority Leader of the Senate. Any such notification shall contain the information required in a certification under section 36(b) of the Arms Export Control Act. human rights in cuba Sec. 574.
(a)The Congress finds that—
(1)the United Nations was established in 1945 for, among other purposes, the promotion and encouragement of respect for human rights and fundamental freedoms for all;
(2)the United Nations Human Rights Commission was established by the Economic and Social Council in 1946 to investigate and make recommendations concerning the violation of human rights and fundamental freedoms;
(3)the Government of Cuba has engaged in systematic and flagrant abuses of basic human rights and freedoms so offensive that they demand universal condemnation, including—
(A)the arbitrary arrest and prolonged imprisonment of individuals accused of political opposition to the Government of Cuba for engaging in such activities as the open or private expression of political opinions or religious beliefs, the attempt to form independent labor unions, the possession, reproduction, or intended distribution of religious or political literature, including the Universal Declaration of Human Rights, or even the professional representation by legal counsel of those so accused;
(B)the murder of political prisoners while in custody or the execution of individuals sentenced to death for political offenses;
(C)the reported systematic use of physical and psychological torture and the degrading and abusive treatment of political prisoners, especially the plantados—those who refuse out of conscience to participate in so-called political rehabilitation programs;
(D)the institutionalized use of a network of neighborhood informants organized by political “block committees” or so-called “Committees for the Defense of the Revolution“ to repress the exercise of any freedom of expression and to otherwise control the behavior of citizens through intimidation;
(E)the repression of the independent Committee for Human Rights in Cuba for its attempt to register as a legal organization under the laws of the State, and the reported arrest, disappearance, or death of members of the Committee, and the continuing persecution of its president who has had to seek the safety of a foreign embassy out of fear for his life and continues to be deprived of the right to leave Cuba or to be reunited with his family, and
(F)the expulsion from Cuba of foreign journalists for having attempted to interview Cuban citizens and report objectively on the human rights situation in that country; and 101 STAT. 1329–178
(4)the Congress further recognizes that the United Nations has consistently failed to address the violation of fundamental human rights and freedoms in Cuba.
(b)It is the sense of Congress that—
(1)the United Nations and the United Nations Human Rights Commission have acted selectively and inconsistently in addressing violations of basic human rights in various countries;
(2)the United Nations General Assembly and the United Nations Human Rights Commission have failed to responsibly address the deplorable human rights situation in Cuba despite overwhelming evidence of the continuing disregard and systematic abuse of the most basic human rights by the Government of Cuba;
(3)the President, the Secretary of State, and the Permanent Representative of the United States to the United Nations are to be commended for their efforts to place Cuba on the human rights agenda of the United Nations and are strongly encouraged to continue in their efforts to bring this issue to the attention of the United Nations;
(4)the following countries are to be commended for their courageous vote in favor of considering human rights violations in Cuba, particularly in light of the thinly veiled threats of the Cuban delegation: Austria, Australia, Belgium, Costa Rica, France, Gambia, the Federal Republic of Germany, Iceland, Italy, Japan, Lesotho, Liberia, Norway, the Philippines, Somalia, Togo, and the United Kingdom;
(5)member states of the United Nations Human Rights Commission interested in democracy in the region, particularly Mexico, Spain, Peru, Venezuela, Argentina, and Colombia, should support the United States resolution on Cuban human rights at the next session of the United Nations Human Rights Commission, and that the United States should take into account this vote in determining United States bilateral and other assistance to all countries which are members of the Commission;
(6)the United States should continue to emphasize how other countries vote on fundamental issues such as human rights when determining financial support for the United Nations, including the contribution to the Human Rights Commission; and
(7)the United Nations Human Rights Commission, which will hold its forty-fourth session in Geneva, Switzerland, in 1988 should include among the highest priorities of its human rights agenda consideration of human rights violations in Cuba. opposition to assistance to terrorist countries by international financial institutions Sec. 575.
(a)Instructions for United States Executive Directors.—The Secretary of the Treasury shall instruct the UnitedLoans. States Executive Director of each international financial institution to vote against any loan or other use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination under section 6(j) of the Export Administration Act of 1979. 101 STAT. 1329–179
(b)Definition.—For purposes of this section, the term “international financial institution” includes—
(1)the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund; and
(2)wherever applicable, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the African Development Fund. prohibition on bilateral assistance to terrorist countries Sec. 576. Notwithstanding any other provision of law, funds appropriated for bilateral assistance under any heading of this Act and funds appropriated under any such heading in a provision of law enacted prior to fiscal year 1988—
(1)shall not be obligated or expended for assistance to a country listed in section 6(j) of the Export Administration Act of 1979 on the date of enactment of this Act or placed on that list thereafter,
(2)if obligated before such date as assistance for such country, shall not disbursed, and
(3)if expended before such date for assistance to be delivered to such country from the United States or by United States nationals, then no such delivery shall be made, unless such assistance is for humanitarian purposes. united states policy toward chile Sec. 577.
(a)The Congress finds that—
(1)genuine democracy and internal stability best guarantee the long-term security and economic well-being of Chile;
(2)the 14-year period of military rule under General Augusto Pinochet has been a deviation from the traditional, apolitical role of the Chilean Armed Forces which had proudly carried out its security responsibilities as an arm of democratic governments for approximately 150 years, thus fundamentally assisting Chile to be a Latin American model of democracy;
(3)continued rule by a military leader after 1989 will be likely to bolster the position of the Communists, enhance the appeal of the Communist opposition’s more radical and violent approach to political activity, and further the growing political polarization in Chile;
(4)the United States Government has actively supported a democratic transition in Chile, condemned violence from all sides, urged dialog between the government and democratic opposition leaders leading to a broad consensus on a transition to full democracy, and has also promoted increased respect for human rights in Chile;
(5)Orlando Letelier.Ronni Karpen Moffitt.Carmen Gloria Quintana.Rodrigo Rojas de Negri.the United States has voiced legitimate concern regarding the failure of the Chilean Government to cooperate with the prosecution of those indicted for the 1976 assassination of former Chilean diplomat Orlando Letelier and American citizen Ronni Moffitt, and to bring to justice those members of government security forces reported to have beaten and set on fire Carmen Gloria Quintana and Rodrigo Rojas de Negri;
(6)on August 1, 1978, a United States Federal grand jury indicted three members of the Chilean intelligence service, 101 STAT. 1329–180General Manuel Contreras, Captain Armando FernandezManuel Contreras.Armando Fernandez Larios.Pedro Espinoza. Larios, and Colonel Pedro Espinoza, for conspiracy in the September 21, 1976, murders of Orlando Letelier and Ronni Karpen Moffitt; Armando Fernandez Larios affirmed the grand jury indictment in his February 4, 1987, testimony before the United States District Court in Washington, District of Columbia;
(7)free elections and democratic government are conditions which lead to public accountability and thus to observance of human rights in Chile and all other countries;
(8)the Universal Declaration of Human Rights determines free elections to be a basic human right and states that the “will of the people shall be the basis of government; this will shall be expressed in equal suffrage and shall be held by secret vote or by equivalent voting procedures”;
(9)the United States believes that a free, fair and open election which offers a clear choice of candidates and political views is the best formula for choosing democratic leaders and insuring a peaceful transition to democracy in Chile; and
(10)the United States, in view of longstanding friendly ties between the American and Chilean people, recognizes that only the Chilean people can bring about a transition to democracy but wishes to encourage a situation in which a return to fully functioning democracy will occur in the near future and in which the Chilean people will have the opportunity to elect democratically their own leaders.
(b)The Congress hereby—
(1)looks forward to the early return of the Chilean Armed Forces to its traditional role as a pillar of strength in the support of democracy in Chile; and
(2)calls upon the Government of Chile to make appropriate compensation to the members of the Letelier and Moffitt families and urges the Chilean Government to make available for trial in the United States or bring to justice in Chile Manuel Contreras and Pedro Espinoza for their involvement in the assassination and subsequent coverup of their role in the 1976 car bombing of Orlando Letelier and Konni Karpen Moffitt; and
(3)strongly urges that the Government of Chile takes steps
(A)assure that military rule in Chile ends at least by 1989;
(B)ensure that the next democratically elected president of Chile is chosen from civilian candidates who offer a clear choice of political views;
(C)facilitate and assure voting procedures for the electoral process which are genuinely fair and based upon universal and equal suffrage with broad participation and which ensure that the vote will be accurately counted and subject to independent verification;
(D)in accord with past Chilean traditions, such clear and agreed upon procedures should be established well in advance of any electoral act so that all Chileans can be confident that the vote will be accurately counted and subject to independent verification; and
(E)ensure that prior to any electoral process, freedom of assembly and expression are fully restored and nonviolent 101 STAT. 1329–181government opponents are given early and fair access to every means of communication, including television. assistance for implementation of regional peace agreement Sec. 578. Notwithstanding any other provision of law, unobligated balances of funds appropriated by the Supplemental Appropriations Act, 1985 (Public Law 99–88) under the heading “Assistance for Implementation of a Contadora Agreement” shall be used only to facilitate, through support for such activities as verification and monitoring, the regional peace initiative signed in Guatemala City on August 7,1987. administration of justice Sec. 8084.
(a)[22 USC 2346c](/us/usc/t22/s2346c).Section 534(b)(3) of the Foreign Assistance Act of 1961 is amended to read as follows: " “(3) notwithstanding section 660 of this Act— “(A) programs to enhance professional capabilities to carry out investigative and forensic functions conducted under judicial or prosecutorial control; “(B) programs to assist in the development of academic instruction and curricula for training law enforcement personnel; “(C) programs to improve the administrative and management capabilities of law enforcement agencies, especially their capabilities relating to career development, personnel evaluation, and internal discipline procedures; and “(D) programs, conducted through multilateral or regional institutions, to improve penal institutions and the rehabilitation of offenders;”. "
(b)Section 534(e) of such Act is amended to read as follows: " “(e) Personnel of the Department of Defense and members of the United States Armed Forces may not participate in the provision of training under this section. Of the funds made available to carry out this section, not more than $7,000,000 may be made available in each of fiscal years 1988 and 1989 to carry out the provisions of subsection (b)(3) of this section. The Termination date.authority of this section shall expire on September 30,1989.”. " cooperative training agreements with major nonnato allies Sec. 580. Section 21(g) of the Arms Export Control Act is amended—
(1)[22 USC 2761](/us/usc/t22/s2761).by inserting “and with other countries which are major non-NATO allies,” after “New Zealand,”; and
(2)by adding at the end the following: “As used in this subsection, the term ‘major non-NATO allies’ means those countries designated as major non-NATO allies for purposes of section 1105 of the National Defense Authorization Act of fiscal year 1987.”. assistance for poland Sec. 581. Up to the equivalent of $500,000 of the nonconvertible Polish currencies (after satisfaction of preexisting commitments to use such currencies for other purposes specified by law) held by the United States which have been generated by the sale to Poland of 101 STAT. 1329–182surplus United States dairy products may be made available for the reconstruction, renovation, and maintenance of the Research Center on Jewish History and Culture of the Jagiellonian University of Krakow, Poland, established for the study of events related to the Holocaust in Poland. maintenance of military balance of eastern mediterranean Sec. 582.
(a)United States Policy.—The Congress intends[22 USC 2373 note](/us/usc/t22/s2373). that excess defense articles be made available under this section consistent with the United States policy, established by section 620C of the Foreign Assistance Act of 1961, of maintaining the military balance in the eastern Mediterranean.
(b)Maintenance of Balance.—Accordingly, the PresidentPresident of U.S. shall ensure that, for each fiscal year, the ratio of—
(1)the value of excess defense articles made available for Turkey under this section, to
(2)the value of excess defense articles made available for Greece under this section, closely approximates the ratio of—
(A)the amount of military assistance and financing provided for Turkey, to
(B)the amount of military assistance and financing provided for Greece.
(c)Exception to Requirement.—Subsection
(b)shall not apply if either Greece or Turkey ceases to be eligible to receive excess defense articles. import assistance for cbi beneficiary countries and the philippines Sec. 583.
(a)For the purpose of this Act Congress finds that the cultivation and processing of sugar cane is a significant part of the economy of a number of friendly foreign nations that have traditionally exported raw sugar to the United States for refining and marketing. The sugar production and marketing policies of sugar exporting countries, other than the CBI and the Philippines, notably the EEC, has resulted in the surplus production of sugar and the dumping of sugar on world markets, thereby depressing prices to levels below the cost of production. Because of the changes occurring in the United States market for sweeteners, the export market for raw sugar produced in the CBI and Philippines has been severely11313 Copy read “severly”. restricted. In accordance with the purposes of this Act, efforts shall be made by the United States to provide assistance that helps to maintain a viable sugar industry in these countries. By conducting a special reexport program for sugar, effectively utilizing CCC-owned commodities, the friendly sugar-producing nations of the Caribbean Basin and the Philippines are helped more effectively than they are through section 416 commodity program assistance, and the sugar refining industry in the United States is able to retain a viable level of productive capacity.
(b)The Secretary of Agriculture shall issue regulations for fiscal year 1988 that set forth the terms and conditions of a special export enhancement program for a quantity of refined sugar produced in the United States equal to the quantity of raw sugar imported from beneficiary countries as defined in the Caribbean Basin Initiative 101 STAT. 1329–183(19 U.S.C. 2702) and the Republic of the Philippines. This will enable United States refiners, processors or operators to purchase raw sugar from CBI beneficiary countries and the Republic of the Philippines at United States domestic prices for export of an equivalent quantity of refined sugar into world markets within 60 days. The tonnage for fiscal year 1988 for this purpose shall be no less than 290,000 short tons, raw value, for the CBI nations and 110,000 short tons, raw value, for the Philippines. This amount shall be in addition to the sugar quota level established for the CBI and Philippines pursuant to the tariff schedules (19 U.S.C. 1202), for calendar year 1988 and shall not be held as violating the no cost provision contained in the sugar title of the Food Security Act of 1985. In order to maximize the number of competing bidders, the Secretary shall, in determining the low bidders in the special export enhancement program established under this section, make appropriate adjustments in bids received from sugar refiners and processors to reflect differing transportation costs based on refinery and factory location.
(c)The Secretary of Agriculture shall estimate the dollar amount of section 416 commodities which would be made available to compensate eligible CBI countries and the Philippines for the 1988 sugar quota year and operate the special sugar export enhancement program by adjusting the quantities of sugar shipped and imported under this program so as to insure that the cost of $12,000,000 below the outlay costs for fiscal year 1988 of the section 416 commodities that would otherwise have been made available, including any costs in shipping the minimum amount of section 416 commodities as required in the Food Security Act of 1985. To estimate dollar values, the Secretary of Agriculture shall estimate the cost of the certificates to be 13 percent above their face value. amerasian immigration Sec. 584.
(1)[8 USC 1101 note](/us/usc/t8/s1101).Notwithstanding any numerical limitations specified in the Immigration and Nationality Act, the Attorney General may admit aliens described in subsection
(b)to the United States as immigrants if—
(A)they are admissible (except as otherwise provided in paragraph (2)) as immigrants, and
(B)they are issued an immigrant visa and depart from Vietnam during the 2-year period beginning 90 days after the date of the enactment of this Act.
(2)The provisions of paragraphs (14), (15), (20), (21), (25), and
(32)of section 212(a) of the Immigration and Nationality Act shall not be applicable to any alien seeking admission to the United States under this section, and the Attorney General on the recommendation of a consular officer may waive any other provision of such section (other than paragraph (27), (29), or
(33)and other than so much of paragraph
(23)as relates to trafficking in narcotics) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attorney General shall be in writing and shall be granted only on an individual basis following an investigation by a consular officer.
(3)Notwithstanding section 221(c) of the Immigration and Nationality Act, immigrant visas issued to aliens under this section shall be valid for a period of 8 months.
(1)An alien described in this section is an alien who, as of the date of the enactment of this Act, is residing in Vietnam and who 101 STAT. 1329–184establishes to the satisfaction of a consular officer or an officer of the Immigration and Naturalization Service after a face-to-face interview, that the alien—
(i)was born in Vietnam after January 1, 1962, and before January 1, 1976, and
(ii)was fathered by a citizen of the United States (such an alien in this section referred to as a “principal alien”);
(B)is the spouse or child of a principal alien and is accompanying, or following to join, the principal alien; or
(C)subject to paragraph (2), either
(i)is the principal alien’s natural mother (or is the spouse or child of such mother), or
(ii)has acted in effect as the principal alien’s mother, father, or next-of-kin (or is the spouse or child of such an alien), and is accompanying, or following to join, the principal alien.
(2)An immigrant visa may not be issued to an alien under paragraph (1)(C) unless the principal alien involved is unmarried and the officer referred to in paragraph
(1)has determined, in the officer’s discretion, that
(A)such an alien has a bona fide relationship with the principal alien similar to that which exists between close family members and
(B)the admission of such an alien is necessary for humanitarian purposes or to assure family unity. If an alien described in paragraph (1)(C)(ii) is admitted to the United States, the natural mother of the principal alien involved shall not, thereafter, be accorded any right, privilege, or status under the Immigration and Nationality Act by virtue of such parentage.
(3)For purposes of this section, the term “child” has the meaning given such term in section 101(b)(1) (A), (B), (C), (D), and
(E)of the Immigration and Nationality Act.
(c)Any alien admitted (or awaiting admission) to the United States under this section shall be eligible for benefits under chapter 2 of title IV of the Immigration and Nationality Act to the same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such Act are eligible for benefits under such chapter.
(d)The Attorney General, in cooperation with the SecretaryReports. of State, shall report to Congress 1 year, 2 years, and 3 years, after the date of the enactment of this Act on the implementation of this section. Each such report shall include the number of aliens who are issued immigrant visas and who are admitted to the United States under this section and number of waivers granted under subsection (a)(2) and the reasons for granting such waivers.
(e)Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section and nothing contained in this section shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. narcotics agreements Sec. 585.
(a)Section 481(h)(2)(A) of the Foreign Assistance Act of 1961 is amended—[22 USC 2291](/us/usc/t22/s2291). 101 STAT. 1329–185
(1)in clause (i), by inserting “in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States, (as described in (ii)) and,” after “on its own,”;
(2)by redesignating clauses
(i)and
(ii)as clauses
(I)and (II), respectively;
(3)by inserting “(i)” immediately after “(2)(A)”;
(4)by adding at the end thereof the following: " “(ii) A bilateral narcotics agreement referred to in clause (i)(I) is an agreement between the United States and a foreign country whereby the foreign country agrees to take specific activities including but not limited to, efforts to reduce drug production, drug consumption, and drug trafficking within its territory, including activities to address illicit crop eradication and crop substitution; drug interdiction and enforcement; drug consumption and treatment; identification of and elimination of illicit drug laboratories; identification and elimination of the trafficking of precursor chemicals for the use in production of illegal drugs; cooperation with United States drug enforcement officials; and, where applicable, participation in extradition treaties, mutual legal assistance provisions directed at money laundering, sharing of evidence, and other initiatives for cooperative drug enforcement.”. "
(b)[22 USC 2291 note](/us/usc/t22/s2291).The amendments made by paragraph
(1)shall apply with respect to any certification of the President under section 481(h)(2)(A) of the Foreign Assistance Act of 1961 made on or after March 1,1989.
(c)[22 USC 2291 note](/us/usc/t22/s2291).Beginning with certifications with respect to fiscal year 1989 and each subsequent year, a country which in the previous year was designated a major drug producing or drug-transit country may not be deemed as cooperating fully unless it has in place a bilateral narcotics agreement with the United States. special ambassadorial commission for cyprus and the aegean Sec. 586.
(a)Findings.—[22 USC 2373 note](/us/usc/t22/s2373).The Congress finds that—
(1)the inability to achieve a just and lasting Cyprus settlement will continue to affect relations among the United States and its close NATO allies, Greece and Turkey, to the detriment of larger, mutually shared, security interests in the Eastern Mediterranean region;
(2)it is of paramount importance that Cyprus, Greece, and Turkey resolve their differences through negotiations and otherwise peaceful procedures, and that the United States should support the resolution of these differences through all the diplomatic means at its disposal;
(3)it is in the national interest of the United States that the President make a significant new diplomatic demarche towards bringing this dispute to a resolution; and
(4)it is also in the national interest of the United States to undertake a diplomatic initiative to promote the peaceful and equitable resolution of differences between Greece and Turkey in the Aegean by fostering a renewed and sustained bilateral dialogue between those countries on such issues as: the delineation of the continental shelf, the definition of the territorial seas, air traffic control over the Aegean, NATO command and control arrangements in the Aegean, and the status of Lemnos and NATO exercises in the Aegean. 101 STAT. 1329–186
(b)Appointment of Special Ambassador.—The President isPresident of U.S. authorized to appoint a special ambassadorial level envoy who shall be responsible for representing the United States in direct negotiations with the parties to the Cyprus dispute, for representing the United States in negotiations through international intermediaries and, generally, lending the good offices of the United States to the parties in this dispute in order to facilitate a peaceful settlement on Cyprus. As agreed to by Greece and Turkey, the special envoy shall also represent the United States in promoting mutual discussions between those countries concerning their differences on Aegean issues. The special ambassador appointed under this section shall have available the services of two deputies (one to specialize on the Cyprus question, the other on general Aegean issues) and such senior level Department of State personnel as may be required by the special ambassador in order to carry out his responsibilities.
(c)Report.—Not later than June 1, 1988, the President shallPresident of U.S. submit a report to the Congress describing in detail the activities being undertaken by the special ambassador, the progress being made toward achievement of a peaceful resolution of the Cyprus dispute, an assessment of the obstacles to achievement of such a resolution and of the future role of the United States in acheiving a settlement on Cyprus, and an assessment of the progress being made toward resolution of issues affecting the Aegean region.
(d)Funding.—Up to $500,000 of the funds appropriated under any heading of this Act which are allocated for Greece and up to $500,000 of the funds appropriated under any heading of this Act which are allocated for Turkey, may be used by the Department of State for any administrative costs associated with the activities of the special ambassador and supporting personnel, including transportation, salaries and per diem. detention of children Sec. 587. It is the sense of the Congress that the practice of detaining children without charge or trial is unjust, inhumane, and is an affront to civilized principles. The Congress further believes that it should be the policy of the United States to make the ending of the practice of detaining children without charge or trial a matter of the highest priority. Therefore, the Congress believes the Secretary of State should convey to all international organizations that ending the practice of detaining children without charge or trial should be a policy of the highest priority for those organizations. training assistance for argentina and brazil Sec. 588.
(a)Exemption from Certain Prohibitions.—Section 638 of the Foreign Assistance Act of 1961 is amended—[22 USC 2398](/us/usc/t22/s2398).
(1)by inserting “(a)” before “No”; and
(2)by adding at the end the following: " “(b) No provision of this Act or any other provision of law shall be construed to prohibit assistance for any training activity which is funded under this Act for Brazil or Argentina as long as such country continues to have a democractically elected government and the assistance is otherwise consistent with sections 116, 502B, 620(f), 620A, and 660 of this Act.”. " 101 STAT. 1329–187
(b)Effective Date.—[22 USC 2398 note](/us/usc/t22/s2398).The amendment made by subsection (a)(2) does not apply with respect to funds appropriated prior to the date of enactment of this Act. prohibition on military assistance to mozambique Sec. 589. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available pursuant to this Act may be used to provide military assistance to Mozambique. restrictions on assistance to mozambique Sec. 590. President of U.S.Reports.Notwithstanding any other provision of law or this Act, none of the funds appropriated or otherwise made available by this Act may be made available to the Government of Mozambique unless the President reports to Congress on the extent to which:
(1)the Government of Mozambique has entered into a dialogue with the Catholic Church regarding the return of church property;
(2)the Government of Mozambique has taken steps to assure against future expropriation of private property without due process and just compensation;
(3)the number of Soviet and Eastern bloc military and security personnel are being reduced. This Act may be cited as the “Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988”.
(f)Such amounts as may be necessary for programs, projects or activities provided for in the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTDepartment of Housing and Urban Development— Independent Agencies Appropriations Act, 1988. Making appropriations for the Department of Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1988, and for other purposes. TITLE I DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs annual contributions for assisted housing (including rescission) For assistance under the United States Housing Act of 1937, as amended (“the Act“ herein) (42 U.S.C. 1437), not otherwise provided for, $7,887,405,000, to remain available until expended: *Provided,*That of the new budget authority provided herein, $130,200,000 shall be for the development or acquisition cost of public housing for Indian families; $210,923,000 shall be for the development or acquisition cost of public housing, including major reconstruction of obsolete public housing projects, other than for Indian families; $1,685,732,500 shall be for modernization of existing public housing 101 STAT. 1329–188projects pursuant to section 14 of the Act (42 U.S.C. 14371); $1,519,257,600 shall be for assistance for projects developed for the elderly or handicapped under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q); $200,000,000 shall be for rental rehabilitation grants pursuant to section 17(a)(1)(A) of the Act (42 U.S.C. 1437o); $848,850,000 shall be for the section 8 existing housing certificate program (42 U.S.C. 14370; $495,975,000 shall be for the section 8 moderate rehabilitation program (42 U.S.C. 14370; and $1,167,367,650 shall be available for the housing voucher program under section 8(o) of the Act (42 U.S.C. 1437f(o)), and shall be used without regard for the limitations in section 8(oXD that the Secretary conduct a voucher demonstration, and in section 8(o)(4) that the Secretary use substantially all voucher authority in connection with certain programs, but of that portion of such budget authority to be used to achieve a net increase in the number of dwelling units for assisted families, highest priority shall be given to assisting families who are involuntarily displaced, or who are or would be displaced in consequence of increased rents, as a result of rental rehabilitation program actions: *Provided further,* That of the amounts of budget authority that have been provided under this head in prior appropriations Acts, reserved or obligated for the development or acquisition cost of public housing other than for Indian families, for such costs for Indian families, for modernization of existing public housing projects, for rental rehabilitation grants, and for housing development grants under section 17(a)(1)(B) of the Act (42 U.S.C. 1437o), and recaptured during fiscal year 1988 (not including amounts that become available for rescission pursuant to section 4(c)(3) of the Act), an amount equal to such recaptured amount shall be made available for the respective purpose for which such recaptured amount was last reserved or obligated, but amounts equal to all amounts of budget authority (and contract authority) reserved or obligated for programs under section 8 of the Act (42 U.S.C. 1437f), which are recaptured during fiscal year 1988 shall be rescinded: *Provided further,* That any part of the new and recaptured budget authority for the development or acquisition costs of public housing other than for Indian families may, in the discretion of the Secretary, based on applications submitted by public housing authorities, be used for new construction or major reconstruction of obsolete public housing projects other than for Indian families: *Provided further,* That new budget authority, amounts that are available for obligation as of October 1, 1987, and amounts (other than amounts to be rescinded) to which the second proviso hereof refers, shall be available until expended, except that for rental rehabilitation grants under section 17(a)(1)(A), new budget authority shall be available until September 30, 1990, and amounts equal to recaptured amounts, and amounts which are available for obligation as of October 1, 1987, shall be available for the respective time periods applicable to such recaptured amounts: *Provided further,*Grants. That amounts of funds for housing development grants as authorized by section 17(a)(1)(B) of the Act (42 U.S.C. 1437o) that were appropriated under this head in the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1985 (Public Law 98–371, 98 Stat. 1213–1215, amending Law 98–45, 97 Stat. 219–220) to become available in part during fiscal year 1984, and in part on October 1, 1984, shall remain available for obligation through September 30, 1988: *Provided further,* ThatGrants. amounts equal to recaptured amounts for housing development 101 STAT. 1329–189grants shall be made available during 1988 on the terms specified in the sixth proviso under this head in the Department of Housing and Urban Development appropriation for 1987 (section 101(g) of Public Law 99–500 and 99–591, 100 Stat. 1783, 1783–242, 3341, 3341–242): [42 USC 1437o](/us/usc/t42/s1437o). *Provided further,* That section 17(d)(4)(G) of the Act is amended by striking “36 months” and inserting “48 months”: *Provided further,* That any amounts of new budget authority provided under this head in prior appropriations Acts that are recaptured or carried over from one fiscal year to another which are available for use in fiscal year 1988 and thereafter shall be available as an appropriation of funds without regard to whether such budget authority has heretofore been available as an appropriation of funds: *Provided further,* That any amount of contract authority provided prior to fiscal year 1976 for any purpose authorized by the Act, as in effect prior to the effective date for amendments to such 1937 Act prescribed under section 201(b) of the Housing and Community Development Act of 1974 (Public Law 93–383, 88 Stat. 633, 667) and as in effect thereafter, that is not reserved or obligated on October 1, 1987, or that is recaptured during fiscal year 1988 or thereafter, is rescinded as of October 1, 1987, or upon recapture, as the case may be: *Provided further,* That none of the amounts under this head that are available for obligation in 1988 shall be subject to the provisions of section 213(d) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 1439). rental housing assistance (rescission) The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 of the National Housing Act (12 U.S.C. 1715z–l) is reduced in fiscal year 1988 by not more than $2,000,000 in uncommitted balances of authorizations provided for this purpose in appropriations Acts. housing for the elderly or handicapped fund In fiscal year 1988, $565,776,000 of direct loan obligations may be made under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q), utilizing the resources of the fund authorized by subsection (a)(4) of such section, in accordance with paragraph
(C)of such subsection: *Provided,* That such commitments shall be available only to qualified nonprofit sponsors for the purpose of providing 100 per centum loans for the development of housing for the elderly or handicapped, with any cash equity or other financial commitments imposed as a condition of loan approval to be returned to the sponsor if sustaining occupancy is achieved in a reasonable period of time: *Provided further,* That the full amount shall be available for permanent financing (including construction financing) for housing projects for the elderly or handicapped: *Provided further,* That 25 percent of the direct loan authority provided herein shall be used only for the purpose of providing loans for projects for the handicapped: *Provided further,* That the Secretary may borrow from the Secretary of the Treasury in such amounts as are necessary to provide the loans authorized herein: *Provided further,* That, notwithstanding any other provision of law, the receipts and disbursements of the aforesaid fund shall be included in the totals of the 101 STAT. 1329–190Budget of the United States Government: *Provided further,* That,[12 USC 1701q note](/us/usc/t12/s1701q). notwithstanding section 202(a)(3) of the Housing Act of 1959, loans made in fiscal year 1988 shall bear an interest rate which does not exceed 9.25 per centum, including the allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program: *Provided further,* That no direct loan authority under this head in this or any other appropriations Act shall be made available to fund HUD Project No. 023-EH273 (Milton, MA) unless the sponsor of such project identifies a site for such project, other than the site specified in the sponsor’s application documents, that complies with the site standards and criteria of the Secretary. congregate services For contracts with and payments to public housing agencies and nonprofit corporations for congregate services programs in accordance with the provisions of the Congregate Housing Services Act of 1978, $4,224,000, to remain available until September 30, 1989. payments for operation of low-income housing projects For payments to public housing agencies and Indian housing authorities for operating subsidies for low-income housing projects as authorized by section 9 of the United States Housing Act of 1937 as amended (42 U.S.C. 1437g), $1,450,000,000. public housing development loan The Bay City, Michigan, Housing Authority is hereby forgiven with respect to any requirement to repay the Secretary of Housing and Urban Development any excess principal and accrued interest associated with a loan for public housing development awarded in 1974, under the United States Housing Act of 1937 and designated as MI 24–7, and such loan is hereby cancelled. housing counseling assistance For contracts, grants, and other assistance, not otherwise provided for, for providing counseling and advice to tenants and home-owners—both current and prospective—with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and meeting the responsibilities of tenancy or homeownership, including provisions for training and for support of voluntary agencies and services as authorized by section 106(a)(1)(iii) and section 106(a)(2) of the Housing and Urban Development Act of 1968, as amended, $3,360,000. troubled projects operating subsidy For assistance payments to owners of eligible multifamily housing projects insured, or formerly insured, under the National Housing Act, as amended, in the program of operating subsidies for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978, all uncommitted balances of excess rental charges and any collections after September 30, 1987, to remain available until September 30, 1989: *Provided,* That assistance payments to an owner of a multifamily housing project as-101 STAT. 1329–191sisted, but not insured, under the National Housing Act may be made if the project owner and the mortgagee have provided or agreed to provide assistance to the project in a manner as determined by the Secretary of Housing and Urban Development. emergency shelter grants program For the emergency shelter grants program, as authorized under subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77, 101 Stat. 482, 495), $8,000,000, to remain available until expended. transitional and supportive housing demonstration program (including transfer of funds) For the transitional and supportive housing demonstration program, as authorized under subtitle C of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77, 101 Stat. 482, 498), $65,000,000 to remain available until expended: *Provided,* That of the foregoing amount, $750,000 shall be transferred to the Interagency Council on the Homeless for operations under title II of such Act (Public Law 100–77, 101 Stat. 482, 486): [42 USC 11313 note](/us/usc/t42/s11313).*Provided further,* That the provision in section 203(a)(4) of such Act that relates to employment of personnel in the regions shall not be implemented. federal housing administration fund For payment to cover losses, not otherwise provided for, sustained by the Special Risk Insurance Fund and General Insurance Fund as authorized by the National Housing Act, as amended (12 U.S.C. 1715z–3(b) and 1735c(f)), $162,866,000, to remain available until expended. Loans.During fiscal year 1988, within the resources available, gross obligations for direct loans are authorized in such amounts as may be necessary to carry out the purposes of the National Housing Act, as amended. During fiscal year 1988, additional commitments to guarantee loans to carry out the purposes of the National Housing Act, as amended, shall not exceed a loan principal of $96,000,000,000. During fiscal year 1988, gross obligations for direct loans of not to exceed $79,272,000 are authorized for payments under section 230(a) of the National Housing Act, as amended, from the insurance fund chargeable for benefits on the mortgage covering the property to which the payments made relate, and payments in connection with such obligations are hereby approved. [12 USC 1715z–12](/us/usc/t12/s1715z–12).Section 247(c)(1) of the National Housing Act is amended by inserting before the period at the end the following: “(or, in the case of an individual who succeeds a spouse or parent in an interest in a lease of Hawaiian homelands, such lower percentage as may be established for such succession under section 209 of the Hawaiian Homes Commission Act, 1920, or under the corresponding provision of the constitution of the State of Hawaii adopted under section 4 of the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved March 18, 1959 (73 Stat. 5))”. Section 247 of the National Housing Act is further amended—
(1)by redesignating subsection
(c)as subsection (d); and 101 STAT. 1329–192
(2)by inserting after subsection
(b)the following new subsection: " “(c) Notwithstanding any other provision of this Act, the insurance of a mortgage using the authority contained in this section shall be the obligation of the General Insurance Fund established in section 519. The mortgagee shall be eligible to receive the benefits of insurance as provided in section 204 with respect to mortgages insured pursuant to this section, except that
(1)all references in section 204 to the Mutual Mortgage Insurance Fund or the Fund shall be construed to refer to the General Insurance Fund; and
(2)all references in section 204 to section 203 shall be construed to refer to the section under which the mortgage is insured.”. " nonprofit sponsor assistance During fiscal year 1988, within the resources and authority available, gross obligations for the principal amounts of direct loans shall not exceed $960,000. Government National Mortgage Association guarantees of mortgage-backed securities During fiscal year 1988, new commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 Ü.S.C. 1721g), shall not exceed $144,000,000,000 of loan principal. Solar Energy and Energy Conservation Bank assistance for solar and conservation improvements For financial assistance and other expenses, not otherwise provided for, to carry out the provisions of the Solar Energy and Energy Conservation Bank Act of 1980 (12 U.S.C. 3601), $1,500,000, to remain available until September 30, 1989: *Provided,* That the funds appropriated under this heading in the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1985 (Law 98–371) shall remain available until September 30, 1988: *Provided further,* That all funds recaptured from prior year appropriations under this heading shall be reallocated to eligible financial institutions. Community Planning and Development community development grants For grants to States and units of general local government and for related expenses, not otherwise provided for, necessary for carrying out a community development grant program as authorized by title I of the Housing and Community Development Act of 19*4, as amended (42 U.S.C. 5301), $2,880,000,000 to remain available until September 30, 1990: *Provided,* That not to exceed 20 per centum of any grant made with funds appropriated herein (other than a grant using funds set aside in the next two following provisos) shall be expended for “Planning and Management Development” and “Administration” as defined in regulations promulgated by the Department of Housing and Urban Development: *Provided further,* 101 STAT. 1329–193That $5,000,000 shall be made available from the foregoing $2,880,000,000 to carry out a child care demonstration under section 222 of the Housing and Urban-Rural Recovery Act of 1983 (Law 98–181): *Provided further,* That $1,000,000 shall be made available from the foregoing $2,880,000,000 to carry out a neighborhood development demonstration under section 123 of the Housing and Urban-Rural Recovery Act of 1983 (Law 98–181). During fiscal year 1988, total commitments to guarantee loans, as authorized by section 108 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), shall not exceed $144,000,000 of contingent liability for loan principal.[ 42 USC 5302](/us/usc/t42/s5302). Section 102(a)(4) of the Housing and Community Development Act of 1974 is amended by striking out the third sentence and inserting in lieu thereof the following: “Any unit of general local government that becomes eligible to be classified as a metropolitan city, and was not classified as a metropolitan city in the immediately preceding fiscal year, may, upon submission of written notification to the Secretary, defer its classification as a metropolitan city for all purposes under this title, if it elects to have its population included in an urban county under subsection (d). Notwithstanding the second sentence of this paragraph, a city may elect not to retain its classification as a metropolitan city for fiscal year 1988 or 1989.” urban development action grants For grants to carry out urban development action grant programs authorized in section 119 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), pursuant to section 103 of that Act, $216,000,000, to remain available until September 30, 1991: *Provided,* That title 42, United States Code, section 5318(n)(2), is amended as follows: After the word “reservation” add the words “, or on former Indian reservations in Oklahoma as determined by the Secretary of the Interior,”. rehabilitation loan fund During fiscal year 1988, collections, unexpended balances of prior appropriations (including any recoveries of prior reservations) and any other amounts in the revolving fund established pursuant to section 312 of the Housing Act of 19&4, as amended (42 U.S.C. 1452b), after September 30,1987, are available and may be used for commitments for loans and operating costs and the capitalization of delinquent interest on delinquent or defaulted loans notwithstanding section 312(h) of such Act: *Provided,* That none of the funds in this Act may be used to sell any loan asset that the Secretary holds as evidence of indebtedness under such section 312. urban homesteading For reimbursement to the Federal Housing Administration Fund or the Rehabilitation Loan Fund for losses incurred under the urban homesteading program (12 U.S.C. 1706e), and for reimbursement to the Administrator of Veterans Affairs and the Secretary of Agriculture for properties conveyed by the Administrator of Veterans Affairs and the Secretary of Agriculture, respectively, for use in connection with an urban homesteading program approved by the Secretary of Housing and Urban Development pursuant to section 101 STAT. 1329–194810 of the Housing and Community Development Act of 1974, as amended, $14,400,000, to remain available until expended. Policy Development and Research research and technology For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–l et seq.), including carrying out the functions of the Secretary under section l(a)(1)(i) of Reorganization Plan No. 2 of 1968, $16,512,000, to remain available until September 30,1989. Fair Housing and Equal Opportunity fair housing assistance For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended, $4,800,000, to remain available until September 30, 1989. Management and Administration salaries and expenses (including transfer of funds) For necessary administrative and nonadministrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $4,000 for official reception and representation expenses, $666,251,000, of which $358,132,000 shall be provided from the various funds of the Federal Housing Administration: *Provided,* That during fiscal year 1988, notwithstanding any other provision of law, the Department of Housing and Urban Development shall maintain an average employment of at least 1,315 for Public and Indian Housing Programs. TITLE II INDEPENDENT AGENCIES American Battle Monuments Commission salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries, when required by law of such countries; $12,408,000: *Provided,* That where station[36 USC 121b](/us/usc/t36/s121b). allowance has been authorized by the Department of the Army for officers of the Anny serving the Army at certain foreign stations, 101 STAT. 1329–195the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the[ 36 USC 122](/us/usc/t36/s122). payment of such allowance: *Provided further,* That when traveling on business of the Commission, officers of the Armed Forces serving as members or as Secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission:[ 36 USC 122a](/us/usc/t36/s122a). *Provided further,* That the Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it: *Provided further,* That section 409 of the general provisions carried in title IV of this Act shall not apply to the funds provided under this heading: *Provided further,* That not more than $125,000 of the private contributions to the Korean War Memorial Fund may be used for administrative support of the Korean War Veterans Memorial Advisory Board including travel by members of the board authorized by the Commission, travel allowances to conform to those provided by Federal travel regulations. administrative provision temporary investment in government securities of amounts contributed for the korean war veterans memorial Section 1.
(a)In General.—Section 3(a) of the Act entitled “An Act to authorize the erection of a memorial on Federal land in the District of Columbia and its environs to honor members of the Armed Forces of the United States who served in the Korean war”, approved October 28, 1986 (40 U.S.C. 1003 note), is amended by adding at the end the following new paragraphs: " “(2) There is established in the Treasury a fund which shall be available to the American Battle Monuments Commission for expenses of establishing the memorial. The fund shall consist of
(A)amounts deposited, and interest and proceeds credited, under paragraph (3), and
(B)obligations obtained under paragraph (4). “(3) The Chairman of the Commission shall deposit in the fund such amounts from private contributions as may be accepted under paragraph (1). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. “(4) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Chairman of the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman of the Commission, has a maturity suitable for the fund. “(5) If, upon payment of all expenses of establishment of the memorial as provided by law, there remains a balance in the fund, the Chairman of the Commission shall deposit the amount of the balance in the general fund of the Treasury as a miscellaneous receipt.”. "
(b)Technical Amendments.—Section 3 of such Act is amended—
(1)by striking out “Sec. 3. (a)” and inserting in lieu thereof “Sec. 3. (a)(1)”;
(2)in subsection (a)(1), as so redesignated by paragraph
(1)of this subsection, by striking out the last sentence; and
(3)by striking out subsection (c). 101 STAT. 1329–196 correction of superseded cross reference Sec. 2. The second sentence of section 1 of the Act entitled “An Act to authorize the erection of a memorial on Federal land in the District of Columbia and its environs to honor members of the Armed Forces of the United States who served in the Korean war”, approved October 28, 1986 (40 U.S.C. 1003 note), is amended by striking out “the provisions of” and all that follows through the end of the sentence and inserting in lieu thereof “the Act entitled ’An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes’, approved November 14, 1986 (40 U.S.C. 1001 et seq.).”. clarification of related provision Sec. 3. The first sentence of section 3(a) of the Act entitled “An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes”, approved November 14, 1986 (40 U.S.C. 1003(a)) is amended by striking out “Act of Congress” and inserting in lieu thereof “law”. Consumer Product Safety Commission salaries and expenses For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18, and not to exceed $500 for official reception and representation expenses, $32,696,000: *Provided,* That no more than $300,000 of these funds shall be available for personnel compensation and benefits for the Commissioners of the Consumer Product Safety Commission appointed pursuant to 15 U.S.C. 2053: *Provided further,* That none of these funds shall be available for conducting or reviewing cost/benefit analyses on enforcement actions of the Consumer Product Safety Commission. Department of Defense—Civil Cemeterial Expenses, Army salaries and expenses For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase of one passenger motor vehicle for replacement only, and not to exceed $1,000 for official reception and representation expenses; $8,164,000, to remain available until expended: *Provided,* That in addition to the foregoing appropriation, $1,000,000 of unobligated balances of funds previously appropriated to the Department of the Army, Corps of Engineers—Civil for “Construction, general” shall, upon enactment of this Act, be transferred to and merged with the funds available under this head and such transferred funds shall remain available until expended. 101 STAT. 1329–197 Environmental Protection Agency salaries and expenses For necessary expenses, not otherwise provided for, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $25,000 per project; and not to exceed $3,000 for official reception and representation expenses; $765,000,000: *Provided,* That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913). research and development For research and development activities, $186,350,000, to remain available until September 30, 1989: *Provided,* That not more than $2,000,000 of these funds shall be available for replacement of laboratory equipment. abatement, control, and compliance For abatement, control, and compliance activities, $606,192,000, of which $40,000,000 shall be available for the purposes of the Asbestos School Hazards Abatement Act of 1984, as amended, including not more than $15,000,000 to defray the costs of school asbestos reinspections and management plans required by section 2 of the Asbestos Hazard Emergency Response Act of 1986 and not more than $2,400,000 for administrative expenses, with all of such funds to remain available until September 30, 1989: *Provided,* That school asbestos abatement loan and grant awards shall be made no later than March 1, 1988: *Provided further,* That none of the funds appropriated under this head shall be available to the National Oceanic and Atmospheric Administration pursuant to section 118(h)(3) of the Federal Water Pollution Control Act, as amended: *Provided further,* That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913), or for support to State, regional, local and interstate agencies in accordance with subtitle D of the Solid Waste Disposal Act, as amended, other than section 4008(a)(2) or [33 USC 1330](/us/usc/t33/s1330). 4009 (42 U.S.C. 6948, 6949): *Provided further,* That not more than $2,000,000 of these funds shall be available for replacement of laboratory equipment: *Provided further,* That section 320(a)(2)(B) of the Federal Water Pollution Control Act is amended by inserting “Santa Monica Bay, California;” after “San Francisco Bay, California;”. buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment for facilities of, or use by, the Environ-101 STAT. 1329–198mental Protection Agency, $23,500,000, to remain available until expended: *Provided,* That the appropriating paragraph under this head in the Department of Housing and Urban Development— Independent Agencies Appropriations Act, 1987, as made effective by section 101(g) of Public Law 99–500 and 99–591, is amended by repealing the following: “$2,000,000 shall be for construction of a laboratory addition at the Environmental Research Center at the University of Nevada, Las Vegas, and”. hazardous substance superfund For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), $1,128,000,000 to be derived from the Hazardous Substance Superfund, consisting of $888,900,000 as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986
(SARA)and $239,100,000 as a payment from general revenues to the Hazardous Substance Superfund as authorized by section 517(b) of SARA, with all of such funds to remain available until expended: *Provided,* That funds appropriated under this account may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA, as amended: *Provided further,* That none of the funds appropriated under this heading shall be available for sections 111(b), (c)(D, or (c)(2) of CERCLA, as amended: *Provided further,* That, notwithstanding section lll(m) of CERCLA, as amended, or any other provision of law, not to exceed $43,000,000 of the funds appropriated under this heading shall be available to the Agency for Toxic Substances and Disease Registry to carry out activities described in sections 104(i), lll(c)(4), lll(c)(14), and 118(f) of SARA: *Provided further,* That no more than $182,400,000 of these funds shall be available for administrative expenses: *Provided further,* That title I of CERCLA, as amended by section 119 of SARA, is[42 USC 9619](/us/usc/t42/s9619). amended by adding the following subparagraph to section 119(e)(2)(A): “(iii) Recipients of grants (including subgrantees) under section 126 for the training and education of workers who are or may be engaged in activities related to hazardous waste removal, containment, or emergency response under this Act; and”: *Provided further,* That section 126(d)(3) of SARA is amended by[29 USC 655 note](/us/usc/t29/s655). adding a new sentence at the end thereof as follows: “The certification procedures shall be no less comprehensive than those adopted by the Environmental Protection Agency in its Model Accreditation Plan for Asbestos Abatement Training as required under the Asbestos Hazard Emergency Response Act of 1986.“. leaking underground storage tank trust fund For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, $14,400,000, to remain available until expended: *Provided,* That no more than $4,800,000 shall be available for administrative expenses. construction grants For necessary expenses to carry out title II of the Federal Water Pollution Control Act, as amended, other than sections 201(m)(1–3), 101 STAT. 1329–199201(n)(2), 206, 208, and 209, $2,304,000,000, to remain available until expended. administrative provisions None of the funds in this Act shall be available for any indemnity payment under section 15 of the Federal Insecticide, Fungicide, and Rodenticide Act. Not to exceed $25,000,000 in fees and charges is authorized to be assessed and collected by the Administrator in fiscal year 1988 for services and activities carried out pursuant to the statutes which are administered by the Environmental Protection Agency for deposit in a special fund in the U.S. Treasury which shall be available for appropriation, to remain available until expended, to carry out the Agency’s activities in the programs for which the fees or charges are made. [42 USC 7503 note](/us/usc/t42/s7503).No restriction or prohibition on construction, permitting, or funding under sections 110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of the Clean Air Act shall be imposed or take effect during the period prior to August 31, 1988, by reason of
(1)the failure of any nonattainment area to attain the national primary ambient air Quality standard under the Clean Air Act for photochemical oxidants (ozone) or carbon monoxide (or both) by December 31, 1987,
(2)the failure of any State to adopt and submit to the Administrator of the Environmental Protection Agency an implementation plan that meets the requirements of part D of title I of such Act and provides for attainment of such standards by December 31,1987,
(3)the failure of any State or designated local government to implement the applicable implementation plan, or
(4)any combination of the foregoing. During such period and consistent with the preceding sentence, the issuance of a permit (including required offsets) under section 173 of such Act for the construction or modification of a source in a nonattainment area shall not be denied solely or partially by reason of the reference contained in section 171(1) of such Act to the applicable date established in section 172(a). This subsection shall not apply to any restriction or prohibition in effect under sections 110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of such Act prior to the enactment of this section. Prior to August 31,1988, the Administrator of the Environmental Protection Agency shall evaluate air quality data and make determinations with respect to which areas throughout the nation have attained, or failed to attain, either or both of the national primary ambient air quality standards referred to in subsection
(a)and shall take appropriate steps to designate those areas failing to attain either or both of such standards as nonattainment areas within the meaning of part D of title I of the Clean Air Act. Notwithstanding any other provision of law, none of the funds made available by this or any other appropriations Act shall be available to the Environmental Protection Agency prior to September 15, 1988, for the purpose of cancellation or suspension of any pesticide registration for failure of any manufacturer, formulator, registrant or user to comply with PR Notices 87–4 and 87–5 relating to labeling of such substances, nor for the purpose of enforcement actions against any user of any pesticide whose use is substantially in conformance with label instructions in existence as of August 1, 1987, related to endangered species, as cited in PR Notices 87–4 and 87–5, nor to propose or order any other revision in such labeling for the reasons cited in PR Notices 87–4 and 87–5, except that the 101 STAT. 1329–200Agency may propose revision where there is no disagreement between the Agency and the State departments relevant to implementation in that State. Executive Office of the President council on environmental quality and office of environmental quality For necessary expenses of the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, including not to exceed $500 for official reception and representation expenses, and hire of passenger motor vehicles, $826,000. office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, not to exceed $1,500 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $1,888,000: *Provided,* That the Office of Science and Technology Policy shall reimburse other agencies for not less than one-half of the personnel compensation costs of individuals detailed to it. Federal Emergency Management Agency disaster relief For necessary expenses in carrying out the functions of the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), $120,000,000, to remain available until expended. salaries and expenses For necessary expenses, not otherwise provided for, including hire and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness; transportation in connection with the continuity of Government program to the same extent and in the same manner as permitted the Secretary of a Military Department under 10 U.S.C. 2632; and not to exceed $1,500 for official reception and representation expenses, $125,841,000. emergency management planning and assistance For necessary expenses, not otherwise provided for, to carry out activities under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended (4 2 U.S.C. 4001 et seq.), the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 101 STAT. 1329–2011977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), section 103 of the National Security Act (50 U.S.C. 404), and Reorganization Plan No. 3 of 1978, $272,496,000. national flood insurance fund (transfers of funds) Of the funds available from the National Flood Insurance Fund for activities under the National Flood Insurance Act of 1968, and the Flood Disaster Protection Act of 1973, $9,496,000 shall, upon enactment of this Act, be transferred to the “Salaries and expenses” appropriation for administrative costs of the insurance and flood plain management programs and $43,392,000 shall, upon enactment of this Act, be transferred to the “Emergency management planning and assistance” appropriation for flood plain management activities, including $4,531,000 for expenses under section 1362 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4103, 4127), which amount shall be available until September 30, 1989. In fiscal year 1988, no funds in excess of
(1)$38,000,000 for operating expenses,
(2)$137,765,000 for agents’ commissions and taxes, and
(3)$2,537,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund without prior notice to the Committees on Appropriations. emergency food and shelter program There is hereby appropriated $114,000,000 to the Federal Emergency Management Agency to carry out an emergency food and shelter program pursuant to title III of Public Law 100–77: *Provided,* That total administrative costs shall not exceed three and one-half per centum of the total appropriation. General Services Administration consumer information center For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,279,000, to be deposited into the Consumer Information Center Fund: *Provided,* That the appropriations, revenues and collections deposited into the fund shall be available for necessary expenses of Consumer Information Center activities in the aggregate amount of $5,140,000. Administrative expenses of the Consumer Information Center in fiscal year 1988 shall not exceed $1,652,000. Appropriations, revenues and collections accruing to this fund during fiscal year 1988 in excess of $5,140,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriations Acts. 101 STAT. 1329–202 Department of Health and Human Services office of consumer affairs For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,670,000. National Aeronautics and Space Administration research and development For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration; $3,374,200,000, to remain available until September 30, 1989, of which $100,000,000 shall be derived by transfer from funds appropriated in section 101(g) of Public Law 99–591 for orbiter production: *Provided,* That of the funds made available by this Act, $225,000,000 is for space station only, which amount shall not become available for obligation until June 1, 1988, and pursuant to section 202 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change. space flight, control and data communications For necessary expenses, not otherwise provided for; in support of space flight, spacecraft control and communications activities of the National Aeronautics and Space Administration, including operations, production, services, minor construction, maintenance, repair, rehabilitation, and modification of real and personal property; tracking and data relay satellite services as authorized by law; purchase, hire, maintenance and operation of other than administrative aircraft; $3,908,309,000, to remain available until September 30, 1989, including not to exceed $28,000,000 for expendable launch vehicles which shall be available only for the purchase of two Delta II vehicles for the launch of the Roentgen satellite (ROSAT) and the Extreme Ultraviolet Explorer (EUVE). construction of facilities For construction, repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise provided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $178,272,000, to remain available until September 30, 1990: *Provided,* That, notwithstanding the limitation on the availability of funds appropriated under this heading by this appropriations Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of 101 STAT. 1329–203new facilities and additions to existingContracts. facilities, and facility planning and design: *Provided further,* That no amount appropriated pursuant to this or any other Act may be used for the lease or construction of a new contractor-funded facility for exclusive use in support of a contract or contracts with the National Aeronautics and Space Administration under which the Administration would be required to substantially amortize through payment or reimbursement such contractor investment, unless an appropriations Act specifies the lease or contract pursuant to which such facilities are to be constructed or leased or such facility is otherwise identified in such Act: *Provided further,* That the Administrator may authorize such facility lease or construction, if he determines, in consultation with the Committees on Appropriations, that deferral of such action until the enactment of the next appropriations Act would be inconsistent with the interest of the Nation in aeronautical and space activities. research and program management For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); awards; lease, hire, maintenance and operation of administrative aircraft; purchase (not to exceed thirty-three for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $100,000 per project for construction of new facilities and additions to existing facilities, repairs, and rehabilitation Contracts.and modification of facilities; $1,495,680,000: *Provided,* That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: *Provided further,* That not to exceed $35,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive: *Provided further,* That apportionments granted pursuant to this Act for the appropriations to the National Aeronautics and Space Administration shall reflect the moving of up to $245,000,000 (on an annual basis) in institutional costs from the “Research and development” and “Space flight, control and data communications” accounts to the “Research and program management” account. National Credit Union Administration central liquidity facility During fiscal year 1988, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions as authorized by the National Credit Union Central Liquidity Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: *Provided,* That administrative expenses of the Central Liquidity Facility in fiscal year 1988 shall not exceed $813,000. 101 STAT. 1329–204 National Science Foundation research and related activities For necessary expenses in carrying out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and the Act to establish a National Medal of Science (42 U.S.C. 1880–1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of one aircraft; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $1,453,000,000, to remain available until September 30, 1989: *Provided,* That of the funds appropriated in this Act, $1,000,000 shall be available only for the International Institute for Applied Systems Analysis, and that, notwithstanding any other provision of law, the Director may choose not to obligate these funds for that purpose: *Provided further,* That of the funds appropriated in this Act, or from funds appropriated previously to the Foundation, not more than $84,480,000 shall be available for program development and management in fiscal year 1988: *Provided further,* That none of the funds appropriated in this Act may be used, directly or through grants, contracts, or other award mechanisms, for agreements executed after enactment of this Act, to pay or to provide reimbursement for the Federal portion of the salary of any individual functioning as a Federal employee at more than the daily equivalent of the maximum rate paid for ES–6 for assignments to Senior Executive Service positions, unless specifically authorized by law: *Provided further,* That contracts may be entered into underContracts. the program development and management limitation in fiscal year 1988 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: *Provided further,* That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: *Provided further,* That to the extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. united states antarctic program activities For necessary expenses in carrying out the research and operational support for the United States Antarctic Program pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875); maintenance and operation of aircraft and purchase of flight services for research and operations support; maintenance and operation of research ships and charter or lease of ships for research and operations support; hire of passenger motor vehicles; not to exceed $1,000 for official reception and representation expenses; $124,800,000, to remain available until expended: *Provided,* That receipts for support services and materials provided to individuals for non-Federal activities may be credited to this 101 STAT. 1329–205appropriation: *Provided further,* That no funds in this account shall be used for the purchase of aircraft. science education activities For necessary expenses in carrying out science and engineering education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), including award of graduate fellowships, services as authorized by 5 U.S.C. 3109, and rental of conference rooms in the District of Columbia, $139,200,000, to remain available until September 30, 1989: *Provided,* That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. Neighborhood Reinvestment Corporation payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), $18,720,000. Selective Service System salaries and expenses For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101–4118) for civilian employees; and not to exceed $1,000 for official reception and representation expenses; $25,459,000: *Provided,* That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever he deems such action to be necessary in the interest of national defense: *Provided further,* That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. Veterans Administration compensation and pensions For the payment of compensation benefits to or on behalf of veterans as authorized by law (38 U.S.C. 107, chapters 11, 13, 51, 53, 55, and 61); pension benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and other officers’ retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of Article IV of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended, and for other benefits as authorized by law (38 U.S.C. 107, 412, 777, and 806, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), $14,334,287,000, to remain available until expended. 101 STAT. 1329–206 readjustment benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 31, 34–36, 39, 51, 53, 55, and 61), $625,700,000, to remain available until expended. veterans insurance and indemnities For military and naval insurance, national service life insurance, servicemen’s indemnities, and service-disabled veterans insurance, as authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487), $14,290,000, to remain available until expended. medical care For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration, including care and treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational facilities, supplies and equipment; funeral, burial and other expenses incidental thereto for beneficiaries receiving care in Veterans Administration facilities; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); aid to State homes as authorized by law (38 U.S.C. 641); and not to exceed $2,000,000 to fund cost comparison studies as referred to in 38 U.S.C. 5010(a)(5); $10,094,808,000, plus reimbursements: *Provided,* That of the sum appropriated, $6,400,000,000 is available only for expenses in the personnel compensation and benefits object classifications: *Provided further,* That, during fiscal year 1988, jurisdictional average employment shall not exceed 37,700 for administrative support. medical and prosthetic research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by law, to remain available until September 30, 1989, $192,899,000, plus reimbursements. medical administration and miscellaneous operating expenses For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law, $46,628,000, plus reimbursements. general operating expenses For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $3,000 for official reception and representation expenses; cemeterial expenses as authorized by law; purchase of six passenger motor vehicles, for use in cemeterial 101 STAT. 1329–207operations, and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail; $762,810,000, including $508,500,000 for the Department of Veterans Benefits: *Provided,* That, during fiscal year 1988, jurisdictional average employment shall not be less than 12,915 for the Department of Veterans Benefits: *Provided further,* That none of the funds appropriated by this or any other Act shall be obligated to effect the closing of the St. Paul Insurance Center during the period beginning on the date of the enactment into law of this Act and ending on September 30, 1988: *Provided further,* That $26,700,000 of the sum appropriated is for contracts in amounts not less than $1,000,000 for the acquisition of automated data processing equipment and services to support the modernization program in the Department of Veterans Benefits and shall remain available until September 30,1989. construction, major projects For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $2,000,000 or more or where funds for a project were made available in a previous major project appropriation, $402,884,000, to remain available until expended: *Provided,* That, except for advance planning of projects funded through the advance planning fund and the design of projects funded through the design fund, none of these funds Contracts.shall be used for any project which has not been considered and approved by the Congress in the budgetary process: *Provided further,* That funds provided in the appropriation “Construction, major projects” for fiscal year 1988, for each approved project shall be obligated
(1)by the awarding of a working drawings contract by September 30, 1988, and
(2)by the awarding Reports.of a construction contract by September 30, 1989: *Provided further,* That the Administrator shall promptly report in writing to the Comptroller General and to the Committees on Appropriations any approved major construction project in which obligations are not incurred within the time limitations established above; and the Comptroller General shall review the report in accordance with the procedures established by section 1015 of the Impoundment Control Act of 1974 (title X of Public Law 93–344): *Provided further,* That no funds from any other account, except the “Parking garage revolving fund”, may be obligated for constructing, altering, extending, or improving a project which was approved in the budget process and funded in this account until one year after substantial completion and beneficial occupancy by the Veterans Administration of the Contracts.project or any part thereof with respect to that part only: *Provided further,* That prior to the issuance of a bidding document for any construction contract for a project approved under this heading (excluding completion items), the director of the affected Veterans Administration medical facility must certify that the design of such project is acceptable from a patient care standpoint: *Provided further,* That $2,500,000 of the unobligated balances under this heading shall be available for the settlement of a contractor's claim arising from the construction 101 STAT. 1329–208of a Replacement Hospital and Research Building at the Veterans Administration Medical Center, Bronx, New York. construction, minor projects For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquisition, or for any of the purposes set forth in sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States Code, where the estimated cost of a project is less than $2,000,000, $115,942,000, to remain available until expended, along with unobligated balances of previous “Construction, minor projects” appropriations which are hereby made available for any project where the estimated cost is less than $2,000,000: *Provided,* That not more than $40,774,000 shall be available for expenses of the Office of Facilities, including research and development in building construction technology: *Provided further,* That funds in this account shall be available for
(1)repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Veterans Administration which are necessary because of loss or damage caused by any natural disaster or catastrophe, and
(2)temporary measures necessary to prevent or to minimize further loss by such causes. parking garage revolving fund For the parking garage revolving fund as authorized by law (38 U.S.C. 5009), $3,936,000, together with income from fees collected, to remain available until expended. Resources of this fund shall be available for all expenses authorized by 38 U.S.C. 5009 except operations and maintenance costs which will be funded from “Medical care”. grants for construction of state extended care facilities For grants to assist the several States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities in State homes, for furnishing care to veterans as authorized by law (38 U.S.C. 5031–5037), $40,320,000, to remain available until September 30, 1990. grants to the republic of the philippines For payment to the Republic of the Philippines of grants, as authorized by law (38 U.S.C. 632), for assisting in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of the Veterans Memorial Medical Center, $480,000, to remain available until September 30, 1989. direct loan revolving fund During 1988, within the resources available, not to exceed $1,000,000 in gross obligations for direct loans is authorized for specially adapted housing loans (38 U.S.C. chapter 37). 101 STAT. 1329–209 loan guaranty revolving fund (including transfer of funds) For expenses necessary to carry out loan guaranty and insurance operations, as authorized by law (38 U.S.C. chapter 37, except administrative expenses, as authorized by section 1824 of such title), $389,800,000, to remain available until expended. During 1988, the resources of the loan guaranty revolving fund shall be available for expenses for property acquisitions, payment of participation sales insufficiencies, and other loan guaranty and insurance operations, as authorized by law (38 U.S.C. chapter 37, except administrative expenses, as authorized by section 1824 of such title): *Provided,* That the unobligated balances, including retained earnings of the direct loan revolving fund, shall be available, during 1988, for transfer to the loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund, and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. During 1988, with the resources available, gross obligations for direct loans and total commitments to guarantee loans are authorized in such amounts as may be necessary to carry out the purposes of the “Loan guaranty revolving fund”. administrative provisions (including transfer of funds) Not to exceed 5 per centum of any appropriation for 1988 for “Compensation and pensions“, “Readjustment benefits”, and “Veterans insurance and indemnities” may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented. Appropriations available to the Veterans Administration for 1988 for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. No part of the appropriations in this Act for the Veterans Administration (except the appropriations for “Construction, major projects” and “Construction, minor projects”) shall be available for the purchase of any site for or toward the construction of any new hospital or home. No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. Appropriations available to the Veterans Administration for fiscal year 1988 for “Compensation and pensions”, “Readjustment benefits”, “Veterans insurance and indemnities”, and the “Loan guaranty revolving fund” shall be available for payment of prior year accrued obligations required to be recorded by law against the aforementioned accounts within the last quarter of fiscal year 1987. 101 STAT. 1329–210 TITLE III CORPORATIONS Corporations and agencies of the Department of Housing andContracts. Urban Development and the Federal Home Loan Bank Board which are subject to the Government Corporation Control Act, as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Act as may be necessary in carrying out the programs set forth in the budget for 1988 for such corporation or agency except as hereinafter provided: *Provided,* That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government. Federal Home Loan Bank Board limitation on administrative expenses, federal home loan bank board Not to exceed a total of $30,313,000 shall be available for administrative expenses of the Federal Home Loan Bank Board for procurement of services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901–5902), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year, of which not to exceed $800,000 shall be available for purposes of training State examiners and not to exceed $1,500 shall be available for official reception and representation expenses:[12 USC 1428a note](/us/usc/t12/s1428a). *Provided,* That members and alternates of the Federal Savings and Loan Advisory Council may be compensated subject to the provisions of section 7 of the Federal Advisory Committee Act, and shall be entitled to reimbursement from the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703: *Provided further,* That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of 1932, as amended (12 U.S.C. 1421–1449). limitation on administrative expenses, federal savings and loan insurance corporation Not to exceed $1,610,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, 101 STAT. 1329–211expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the Government: *Provided,* That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724–1730f). administrative provision [12 USC 1441 note](/us/usc/t12/s1441).Any cooperative bank established under the law of any State which was directed by the State banking authority of such State to obtain Federal deposit insurance between January 1, 1985, and January 1, 1987, shall be deemed to be an insured institution described in section 21(f)(4)(F) of the Federal Home Loan Bank Act. TITLE IV GENERAL PROVISIONS Sec. 401. Where appropriations in titles I and II of this Act are expendable for travel expenses and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: *Provided,* That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel Crformed directly in connection with care and treatment of medical neficiaries of the Veterans Administration; to travel performed in connection with major disasters or emergencies declared or determined by the President under the provisions of the Disaster Relief Act of 1974; to site-related travel performed in connection with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; to site-related travel under the Solid Waste Disposal Act, as amended; or to payments to interagency motor pools where separately set forth in the budget schedules: *Provided further,* That if appropriations in titles I and II exceed the amounts set forth in budget estimates initially submitted for such appropriations, the expenditures for travel may correspondingly exceed the amounts therefor set forth in the estimates in the same proportion. Sec. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. 101 STAT. 1329–212 Sec. 403. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831). Sec. 404. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 405. No funds appropriated by this Act may be expended—
(1)pursuant to a certification of an officer or employee of the United States unless—
(A)such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being made, or
(B)the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and
(2)unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from such audit. Sec. 406. None of the funds provided in this Act to any department or agency may be expended for the transportation of any officer or employee of such department or agency between his domicile and his place of employment, with the exception of the Secretary of the Department of Housing and Urban Envelopment, who, under title 5, United States Code, section 101, is exempted from such limitation. Sec. 407. None of the funds provided in this Act may be used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals not specifically solicited by the Government: *Provided,* That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. Sec. 408. None of the funds provided in this Act may be used, directly or through grants, to pay or to provide reimbursement for payment of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of the maximum rate paid for GS–18, unless specifically authorized by law. Sec. 409. No part of any appropriation contained in this Act for personnel compensation and benefits shall be available for other object classifications set forth in the budget estimates submitted for the appropriations. Sec. 410. None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings. Nothing herein affects the authority of the Consumer Product Safety Commission pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.). 101 STAT. 1329–213 Sec. 411. Contracts.Public information.Except as otherwise provided under existing law or under an existing Executive order issued pursuant to an existing law, the obligation or expenditure of any appropriation under this Act for contracts for any consulting service shall be limited to contracts which are
(1)a matter of public record and available for public inspection, and
(2)thereafter included in a publicly available list of all contracts entered into within twenty-four months prior to the date on which the list is made available to the public and of all contracts on which performance has not been completed by such date. The list required by the preceding sentence shall be updated quarterly and shall include a narrative description of the work to be performed under each such contract. Sec. 412. Contracts.Reports.Except as otherwise provided by law, no part of any appropriation contained in this Act shall be obligated or expended by any executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for services unless such executive agency
(1)has awarded and entered into such contract in full compliance with such Act and the regulations promulgated thereunder, and
(2)requires any report prepared pursuant to such contract, including plans, evaluations, studies, analyses and manuals, and any report prepared by the agency which is substantially derived from or substantially includes any report prepared pursuant to such contract, to contain information concerning
(A)the contract pursuant to which the report was prepared, and
(B)the contractor who prepared the report pursuant to such contract. Sec. 413. Except as otherwise provided in section 406, none of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency. Sec. 414. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than 22 miles per gallon. Sec. 415. None of the funds appropriated by this Act or any other Act for any fiscal year shall be used for demolishing George Loving Place, at 3320 Rupert Street, Edgar Ward Place, at 3901 Holystone, Elmer Scott Place, at 2600 Morris, in Dallas, Texas, or Allen Parkway Village, 1600 Allen Parkway, in Houston, Texas. This Act may be cited as the “Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1988”.
(g)Such amounts as may be necessary for programs, projects or activities provided for in the Department of the Interior and Related Agencies Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: 101 STAT. 1329–214 AN ACTDepartment of the Interior and Related Agencies Appropriations Act, 1988. Making appropriations for the Department of the Interior and Related Agencies for the fiscal year ending September 30, 1988, and for other purposes. TITLE I— DEPARTMENT OF THE INTERIOR Bureau of Land Management management of lands and resources For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau of Land Management, $498,983,000, of which $75,000,000 for firefighting and repayment to other appropriations from which funds were transferred under the authority of section 102 of the Department of the Interior and Related Agencies Appropriations Act, 1987, as contained in Public Law 99–591, shall remain available until expended: *Provided,* That appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care of the Bureau of Land Management or its contractors. construction and access For acquisition of lands and interests therein, and construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $3,430,000, to remain available until expended. payments in lieu of taxes For expenses necessary to implement the Act of October 20, 1976 (31 U.S.C. 6901–07), $105,000,000, of which not to exceed $400,000 shall be available for administrative expenses. land acquisition For expenses necessary to carry out the provisions of sections 205, 206, and 318(d) of Public Law 94–579 including administrative expenses and acquisition of lands or waters, or interest therein, $8,885,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. oregon and california grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; $58,475,000, to remain available until expended: *Provided,* That the amount appropriated herein for road construction shall be transferred to the Federal Highway Administration, Department of Transportation: *Provided further,* That 25 per 101 STAT. 1329–215centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land grant fund and shall be transferred to the General Fund in the Treasury in accordance with the provisions of the second paragraph of subsection
(b)of title II of the Act of August 28, 1937 (50 Stat. 876). range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per centum of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315, et seq.), but not less than $8,506,000 (43 U.S.C. 1901), and the amount designated for range improvements from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant to law, to remain available until expended: *Provided,* That not to exceed $600,000 shall be available for administrative expenses. service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under sections 209(b), 304(a), 304(b), 305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701), and sections 101 and 203 of Public Law 93–153, to be immediately available until [43 USC 1735 note](/us/usc/t43/s1735).expended: *Provided,* That notwithstanding any provision to the contrary of subsection 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that subsection, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to subsection 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this or subsequent appropriations Acts by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such forfeiture, compromise, or settlement are used on the exact lands damage to which led to the forfeiture, compromise, or settlement: *Provided further,* That such moneys are in excess of amounts needed to repair damage to the exact land for which collected. miscellaneous trust funds In addition to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omit-101 STAT. 1329–216ted lands under section 211(b) of that Act, to remain available until expended. administrative provisions Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $25,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau of Land Management; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000: *Provided,* That appropriations herein made for Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation “Oregon and California grant lands”) shall be reimbursed to the General Fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the “Oregon and California land grant fund” and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the “Coos Bay Wagon Road grant fund”: *Provided further,* That appropriations herein made may be expended for surveys of Federal lands of the United States and on a reimbursable basis for surveys of Federal lands of the United States and for protection of lands for the State of Alaska: *Provided further,* That an appeal[43 USC 1752 note](/us/usc/t43/s1752). of any reductions in grazing allotments on public rangelands must be taken within thirty days after receipt of a final grazing allotment decision. Reductions of up to 10 per centum in grazing allotments shall become effective when so designated by the Secretary of the Interior. Upon appeal any proposed reduction in excess of 10 per centum shall be suspended pending final action on the appeal, which shall be completed within two years after the appeal is filed: *Provided further,* That appropriations herein made shall be available for paying costs incidental to the utilization of services contributed by individuals who serve without compensation as volunteers in aid of work of the Bureau: *Provided further,* That section 1(b) of the Act of October 17, 1984 entitled “An Act to withdraw certain public lands in Lincoln County, Nevada” (Law 98–485), is amended by striking out[98 Stat. 2261](/us/stat/98/2261). “December 31, 1987” and inserting in lieu thereof “March 31, 1988”. Notwithstanding any court order now or hereafter in effect, the Secretary of the Interior, through the State Director, Utah, Bureau of Land Management, is authorized to negotiate with the appropriate government officials in the State of Utah and to take any action necessary under the Federal Land Policy and Management Act and other applicable laws to consummate an exchange of Federal lands and improvements thereon identified as tracts U-a and U-b, for State lands of equal value if the Secretary determines that such an exchange is in the public interest. Any exchange involving such lands shall include the transfer of the remaining balance of funds conveyed to the Bureau of Land Management for the management and protection of the tracts U-a and U-b: *Provided,* That use of such funds shall be restricted to management and protection of the tracts. 101 STAT. 1329–217 Notwithstanding any court order now or hereafter in effect, the Secretary of the Interior is authorized to revoke the Bureau of Reclamation’s Dixie project withdrawal, created by Commissioner’s order of June 11, 1943; Public Land Order No. 1868 of June 3, 1959; Public Land Order No. 4036 of June 6, 1966; and Public Land Order No. 4061 of July 18, 1966, and to complete any land actions with regard to those lands required under the Federal Land Policy and Management Act and other applicable laws and that the Secretary determines to be in the public interest. United States Fish and Wildlife Service resource management For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; for the general administration of the United States Fish and Wildlife Service; and for maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93–408, $342,594,000, of which $4,300,000, to carry out the purposes of 16 U.S.C. 1535, shall remain available until expended; and of which $6,528,000 shall be for operation and maintenance of fishery mitigation facilities constructed by the Corps of Engineers under the Lower Snake River Compensation Plan, authorized by the Water Resources Development Act of 1976 (90 Stat. 2921), to compensate for loss of fishery resources from water development projects on the Lower Snake River, and shall remain available until expended. construction and anadromous fish For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; $25,062,000, to remain available until expended, of which $2,000,000 shall be available for expenses to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a–757g): *Provided,* That notwithstanding any other provision of law, a procurement for the Northeast Anadromous Fish Laboratory shall be issued which includes the full scope of the previously issued procurement for the facility: *Provided further,* That the solicitation and contract shall contain the clause “availability of funds” found at 48 CFR 52.232–18. migratory bird conservation account For an advance to the migratory bird conservation account, as authorized by the Act of October 4, 1971, as amended (16 U.S.C 715k–3, 5), $1,000,000, to remain available until expended. 101 STAT. 1329–218 land acquisition For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–4–11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service, $51,754,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. national wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $5,645,000. administrative provisions Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed 145 passenger motor vehicles, of which 144 are for replacement only (including 41 for police-type use); not to exceed $400,000 for payment, at the discretion of the Secretary, for information, rewards, or evidence concerning violations of laws administered by the United States Fish and Wildlife Service, and miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources: *Provided,* That the United States Fish and Wildlife Service may accept donated aircraft as replacements for existing aircraft. National Park Service operation of the national park system For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, including not to exceed $424,000 for the Roosevelt Campobello International Park Commission and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93–408, $730,799,000, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), of which $2,000,000 to remain available until expended shall be made available to the Martin Luther King, Jr. Center for the Study of Nonviolent Social Change for rehabilitation of the birth home of Martin Luther King, Jr. and for purchase of the vacant lot on the 101 STAT. 1329–219north side of Irwin Street between Jackson and Boulevard for a [16 USC 20b note](/us/usc/t16/s20b). notelandscaped parking lot: *Provided,* That the National Park Service shall not enter into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire investments without compensation: *Provided further,* That none of these funds may be used to compensate a quantity of staff greater than existed as of May 1, 1986, in the Office of Legislative and Congressional Affairs of the National Park Service or to compensate individual staff members assigned subsequent to May 1, 1986, at grade levels greater than the staff replaced: *Provided further,* That to advance the mission of the National Park Service for a period of time not to extend beyond fiscal year 1988, the Secretary of the Interior is authorized to charge park entrance fees for all units of the National Park System, except as provided herein, of an amount not to exceed $3 for a single visit permit as defined in 36 CFR 71.7(b)(2) and of an amount not to exceed $5 for a single visit permit as defined in 36 CFR 71.7(b)(1): *Provided further,* That the cost of a Golden Eagle Passport as defined in 36 CFR 71.5 is increased to a reasonable fee but not to exceed $25 until September 30, 1988: *Provided further,* That for units of the National Park System where entrance fees are charged the Secretary shall establish an annual admission permit for each individual park unit for a reasonable fee but not to exceed $15, and that purchase of such annual admission permit for a unit of the National Park System shall relieve the requirement for payment of single visit permits as defined in 36 CFR 71.7(b): *Provided further,* That all funds derived from National Park Service recreation fees during fiscal year 1988, and all funds collected by the National Park Service during fiscal year 1988 under subsections (a), (b), and
(c)of section 4 of the Land and Water Conservation Fund Act of 1965, as amended, shall be transferred to the General Fund of the Treasury of the United States: *Provided further,* That notwithstanding any other provision of this Act, no admission fee may be charged at any unit of the National Park System which provides significant outdoor recreation opportunities in an urban environment and to which access is publicly available at multiple locations, nor shall an admission fee be charged at any unit of the National Park System which has a current, specific statutory exemption: *Provided further,* That where entrance fees are established on a per person basis, children 16 and under shall be exempt from the fees: *Provided further,* That if permanent statutory language is enacted during fiscal year 1988 establishing entrance fees for the National Park System either prior to or subsequent to enactment of this Act, such permanent authorizing language shall supersede the provisions on recreation fees contained in this Act: *Provided further,* That of the amounts appropriated under this head, $15,000,000 shall be distributed to units of the National Park System, to be available for resource protection, research, interpretation, and maintenance activities related to resource protection, to be distributed in the following manner: 50 percent shall be allocated to each unit of the System based on each unit’s proportion of the total budgeted in the prior fiscal year for park operating expenses, and 50 percent shall be allocated to units collecting user fees or entrance fees based on each unit’s proportion of the total entrance and user fee revenues collected during the prior fiscal year: *Provided further,* That when authorized by the head of the collecting agency, volunteers may sell 101 STAT. 1329–220permits and collect fees authorized or established pursuant to section 4 of the Land and Water Conservation Fund Act of 1965, and funds appropriated or otherwise available to the collecting agency shall be available to cover the cost of any surety bond as may be required of any such volunteer in performing such authorized services under that section: *Provided further,* That notwithstanding any other provision of law, Public Law 96–565 is amended by adding the[16 USC 410jj–3](/us/usc/t16/s410jj–3). following at the end of section 104(a): “The Secretary may lease from the Department of Hawaiian Home Lands said trust lands until such time as said lands may be acquired by exchange as set forth herein or otherwise acquired. The Secretary may enter into such a lease without regard to fiscal year limitations.’. *Provided further,* That none of the funds appropriated to the National Park Service shall be used to remove, obstruct, dewater, fill or otherwise damage the Brooks River fish ladder in the Katmai National Park, Alaska: *Provided further,* That $85,000 shall be available to assist the town of Harpers Ferry, West Virginia, for police force use: *Provided further,* That funds appropriated to the National Park Service may be used for the purchase or hire of personnel services without regard to personnel laws as contained in title V of the United States Code, only to provide for the orderly transition from regional finance offices to a central finance office. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and review, and grant administration, not otherwise provided for, $12,935,000. historic preservation fund For expenses necessary in carrying out the provisions of the Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470), $28,250,000 to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended, to remain available for obligation until September 30, 1989: *Provided,* That the Trust Territory of the Pacific Islands is a State eligible for Historic Preservation Fund matching grant assistance as authorized under 16 U.S.C. 470w(2): *Provided further,* That pursuant to section 105(1) of the Compact of Free Association, Public Law 99–239, the Federated States of Micronesia and the Republic of the Marshall Islands shall also be considered States for purposes of this appropriation: *Provided further,* That $1,000,000 of the amount appropriated herein shall remain available until expended to establish a Bicentennial Lighthouse Fund, to be distributed on a matching grant basis after consultation among the National Park Service, the National Trust for Historic Preservation, State Historic Preservation Officers from States with resources eligible for financial assistance, and the light-house community. Consultation shall include such matters asGrants. a distribution formula, timing of grant awards, a redistribution procedure for grants remaining unobligated longer than two years after the award date, and related implementation policies. The distribution formula for fiscal year 1988 shall include consideration of such factors as—
(A)the number of lighthouses on or determined to be eligible for listing on the National Register of Historic Places by March 30, 1988; 101 STAT. 1329–221
(B)the number of river lights and number of historic river sites on or determined to be eligible for listing on the National Register by March 30,1988; and
(C)the availability of matching contributions in the State: *Provided further,* That the Secretary shall allocate appropriate funds from the Bicentennial Lighthouse Fund to be transferred, without the matching requirement, for use by Federal agencies, in cooperative agreements with the National Park Service and the State Office of Historic Preservation in which the property is located, for properties otherwise eligible for the National Register but owned by the Federal Government. urban park and recreation fund (rescission) Of the amounts previously appropriated under this head and unobligated, $1,900,000 is hereby rescinded. construction For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), $93,017,000, to remain available until expended, of which $4,700,000 shall be derived by transfer from the National Park System Visitor Facilities Fund, including $1,500,000 to carry out the provisions of sections 302, 303, and 304 of Public Law 95–290 and not to exceed $300,000 for assistance to Mariposa County, California for a solid waste disposal facility: *Provided,* That the National Park Service may not pay a fee for use of the facility at rates higher than for other users of the facility: *Provided further,* That for payment of obligations incurred for continued construction of the Cumberland Gap Tunnel, as authorized by section 160 of Public Law 93–87, $31,000,000 to be derived from the Highway Trust Fund and to remain available until expended to liquidate contract authority provided under section 104(a)(8) of Public Law 95–599, as amended, such contract authority to remain available until expended. land and water conservation fund (rescission) [16 USC 460*l*–10a note](/us/usc/t16/s460l–10a). The contract authority provided for Fiscal year 1988 by 16 U.S.C. 4601–10a is rescinded. land acquisition and state assistance For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–4–11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the National Park Service, $60,749,000 to be derived from the Land and Water Conservation Fund, to remain available until expended, including $3,433,000 to administer the State Assistance program and $300,000 for acquisition of the Zane Grey House and personal effects at the Upper Delaware Scenic and Recreation River: *Provided,* That of the amounts previously appropriated to the Secretary’s contingency fund for grants to States, 101 STAT. 1329–222$27,000 shall be available in 1988 for administrative expenses of the State grant program: *Provided further,* That notwithstanding any other provisions of the Land and Water Conservation Fund Act of 1965, Public Law 88–578, as amended, or other law, Land and Water Conservation Fund assisted land in Pine Bluff, Arkansas, assisted under project No. 05–00128 and No. 05–00196, may be exchanged for existing public lands if Land and Water Conservation Fund conversion criteria regarding equal fair market value and reasonably equivalent use and location are met: *Provided further,* That any[16 USC 410dd note](/us/usc/t16/s410dd). Federally-owned land in War in the Pacific National Historical Park that hereafter becomes excess to the needs of the administering agency shall be transferred to the jurisdiction of the National Park Service, without reimbursement, for purposes of the park. john f. kennedy center for the performing arts For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $4,904,000: *Provided,* That contracts awarded for environmental systems, housekeeping, protection systems, and repair or renovation of buildings of the John F. Kennedy Center for the Performing Arts may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. illinois and michigan canal national heritage corridor commission For operation of the Illinois and Michigan Canal National Heritage Corridor Commission, $250,000. administrative provisions Appropriations for the National Park Service shall be available for the purchase of not to exceed 370 passenger motor vehicles, of which 320 shall be for replacement only, including not to exceed 300 for police-type use and 25 buses; to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service; options for the purchase of land at not to exceed $1 for each option; and for the procurement and delivery of medical services within the jurisdiction of units of the National Park System: *Provided,* That no funds available to the National Park Service may be used, unless the proposed transfer is approved in advance by the House and Senate Committees on Appropriations in compliance with the reprogramming procedures contained in House Report 99–714, to maintain law and order in emergency and other unforeseen law enforcement situations and conduct emergency search and rescue operations in the National Park System: *Provided further,* That none of the funds appropriated to the National Park Service may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: *Provided further,* That none of the funds appropriated to the National Park Service may be used to add industrial facilities to the list of National Historic Landmarks without the consent of the owner: *Provided further,* That the National Park Service may use helicopters and motorized equipment at Death 101 STAT. 1329–223Valley National Monument for removal of feral burroe and horses: *Provided further,* That notwithstanding any other provision of law, the National Park Service may recover unbudgeted costs of providing necessary services associated with special use permits, such reimbursements to be credited to the appropriation current Reports.at that time: *Provided further,* That none of the funds appropriated to the National Park Service may be used to implement an agreement for the redevelopment of the southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full and comprehensive report on the development of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project. None of the funds in this Act or any other Act may be used to commence, conduct, or participate in any action in any court of law for condemnation of the property or to initiate a declaration of taking for any property in the Santa Monica Mountains NRA, California against the owner of any inholding having a detached single-family dwelling the construction of which had been begun before January 1, 1978, or against the owner or his assignees of any inholding of a detached single-family dwelling the construction of which had been begun before January 1, 1978, which dwelling may have been destroyed by fire, storm or otherwise. No funds shall be available for the National Park Service to issue any construction permit for the Potomac Greens interchange on the George Washington Memorial Parkway unless an Environmental Impact Statement is conducted. The Environmental Impact Statement shall be commenced promptly and completed and filed within eighteen
(18)months of the date on which this bill is enacted. After completion and filing, the EIS shall be transmitted to the appropriate Congressional Committees for a period of 60 days, during which time the National Park Service shall not issue any construction permit for the Potomac Greens interchange on the George Washington Memorial Parkway. The Environmental Impact Statement shall review the traffic impact of only the proposed 38-acre development opposite Daingerfield Island west of the George Washington Memorial Parkway: *Provided further,* That the National Park Service shall review the impact of the planned development on tlie visual, recreational and historical integrity of the Parkway. The Environmental Impact Statement shall also provide an evaluation of alternative acquisition strategies to include but not be limited to appraisal estimates for the access rights, the entire 38-acre parcel, that portion of the 38-acre parcel as defined approximately by the historic district boundary line, and any other recommendations by the National Park Service to mitigate the Parkway degradation effects of the proposed development so as to adequately protect and preserve the Parkway. Such appraisals shall be prepared and filed as soon as is reasonably possible. The National Park Service solely shall determine the legal and factual sufficiency of the Environmental Impact Statement and its compliance with the National Environmental Policy Act of 1969. 101 STAT. 1329–224 The Environmental Impact Statement shall be separate from, independent of, and in no way intended to affect or modify any pending litigation. Notwithstanding any other provision of law, no court shall have jurisdiction to consider questions respecting the factual and legal sufficiency of the Environmental Impact Statement under the National Environmental Policy Act of 1969. Geological Survey surveys, investigations, and research For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (43 U.S.C. 31, 1332 and 1340); classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $447,747,000: *Provided,* That $60,664,000 shall be available only for cooperation with States or municipalities for water resources investigations: *Provided further,* That no part of this appropriation shall[43 USC 50](/us/usc/t43/s50). be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality. administrative provisions The amount appropriated for the Geological Survey shall be available for purchase of not to exceed 25 passenger motor vehicles, for replacement only; reimbursement to the General Services Administration for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts: *Provided,* That appropriations herein and[43 USC 50c](/us/usc/t43/s50c). hereafter made shall be available for paying costs incidental to the utilization of services contributed by individuals who serve without compensation as volunteers in aid of work of the Geological Survey, and that within appropriations herein and hereafter provided. Geological Survey officials may authorize either direct procurement of or reimbursement for expenses incidental to the effective use of volunteers such as, but not limited to, training, transportation, lodging, subsistence, equipment, and supplies: *Provided further,* That provision for such expenses or services is in accora with volunteer or cooperative agreements made with such individuals, private organizations, educational institutions, or State or local government: *Provided further,* That activities funded by appropriationsContracts.Grants. herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in Public Law 95–224. 101 STAT. 1329–225 Minerals Management Service leasing and royalty management For expenses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; including the purchase of not to exceed eight passenger motor vehicles for replacement only; $168,717,000, of which not less than $50,179,000 shall be available for royalty management activities including general administration: *Provided,* That notwithstanding any other provision of law, funds appropriated under this Act shall be available for the payment of interest in accordance with 30 U.S.C. 1721
(b)and (d): *Provided further,* That of the above enacted amounts, $250,000 proposed for data gathering to help determine the boundary between State and Federal lands offshore of Alaska shall be available only if an equal amount is provided by the State of Alaska from State revenues to match the Federal support for this project: *Provided further,* That none of the funds in this Act may be used to implement a rule which modifies NTL–5 until such time as H.R. 3479, or similar legislation, is enacted into law: Contracts.*Provided further,* That audits may proceed but the Minerals Management Service shall take no action to collect unpaid or underpaid royalties on natural gas production from Federal onshore or Indian leases between January 1, 1982, and July 31, 1986, plus applicable interest, based on a value of production in excess of the lessee’s gross proceeds (or minimum value required by the applicable lease terms and regulations in titles 25 and 30 of the CFR) until such time as legislation affecting NTL–5 for that period is enacted. Subsection (g)(5)(A) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(5)(A)) is amended—
(1)by striking out “such account” in the second sentence and inserting in lieu thereof “an escrow account established pursuant to an agreement under section 7”;
(2)by designating the indented clause as clause (ii);
(3)in the first sentence of the clause
(ii)by striking “any” and inserting in lieu thereof “a”, by striking out “all” and by inserting in lieu thereof “any additional”, and by inserting “or credited to” before “the escrow account”; and
(4)by inserting before clause
(ii)the following new clause: " “(i) Twenty-seven percent of all bonuses, rents, and royalties, and other revenues (derived from any bidding system authorized under subsection (a)(D), excluding Federal income and windfall profits taxes, and derived from any lease issued after September 18, 1978, of any tract which lies wholly within three nautical miles of the seaward boundary asserted by the Federal Government in the boundary dispute, together with all accrued interest thereon, shall be paid to the State either— “(I) within thirty days of December 1,1987, or “(II) by the last business day of the month following the month in which those revenues are deposited in the Treasury, whichever date is later.”. " 101 STAT. 1329–226 Bureau of Mines mines and minerals For expenses necessary for conducting inquiries, technological investigations, and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal, and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines and the mineral industry through research; and for other related purposes as authorized by law, $146,398,000, of which $88,259,000 shall remain available until expended: *Provided,* That not more than $1,890,000 of the amount appropriated may be used for executive direction: *Provided further,* That none of the funds in this or any other Act may be used for the closure or consolidation of any research centers or the sale of any of the helium facilities currently in operation: *Provided further,* That of the sums provided under this head, $1,200,000 shall be available to the Mississippi Mineral Resources Institute of the University of Mississippi and the Center of Ocean Resources Technology of the University of Hawaii for a Marine Minerals Technology Center, equally divided: *Provided further,* That notwithstanding any other provision of law, the Bureau of Mines is authorized, in consultation with the General Services Administration, to immediately enter into a two year lease purchase agreement for the Bureau of Mines research center located in Spokane, Washington. administrative provisions The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or private: *Provided,* That the Bureau of Mines is authorized, during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts. Office of Surface Mining Reclamation and Enforcement regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, including the purchase of not to exceed 14 passenger motor vehicles, of which 9 shall be for replacement only; and uniform allowances of not to exceed $400 for each uniformed employee of the Office of Surface Mining Reclamation and Enforcement; $102,125,000, and notwithstanding 31 U.S.C. 3302, an additional amount, to remain available until expended, equal to receipts to the General Fund of the Treasury from performance bond forfeitures in fiscal year 1988: *Provided,* That notwithstanding any other provision of law, theGrants. Secretary of the Interior, pursuant to regulations, may utilize directly or through grants to States in fiscal year 1988, moneys collected pursuant to the assessment of civil penalties under section 101 STAT. 1329–227518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely affected by coal mining practices after August 3, 1977: *Provided further,* That the Secretary of the Interior shall abide by and adhere to the terms of the Settlement Agreement in NWR v. Miller, C.A. No. 86–99 (E.D. Ky), and not take any actions inconsistent with the provisions of footnote 3 of the Agreement with respect to any State or Federal program. abandoned mine reclamation fund Contracts.For necessary expenses to carry out the provisions of title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, including the purchase of not more than 21 passenger motor vehicles, of which 15 shall be for replacement only, $199,380,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: *Provided,* That pursuant to Public Law 97–365, the Department of the Interior is authorized to utilize up to 20 per centum from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: *Provided further,* That of the funds made available to the States to contract for reclamation projects authorized in section 406(a) of Public Law 95–87, administrative expenses may not exceed 15 per centum: *Provided further,* That none of these funds shall be used for a reclamation grant to any State if the State has not agreed to participate in a nationwide data system established by the Office of Surface Mining Reclamation and Enforcement through which all permit applications are reviewed and approvals withheld if the applicants (or those who control the applicants) applying for or receiving such permits have outstanding State or Federal air or water quality violations in accordance with section 510(c) of the Act of August 3,1977 (30 U.S.C. 1260(c)), or failure to abate cessation orders, outstanding civil penalties associated with such failure to abate cessation orders, or uncontested past due Abandoned Mine Land fees: *Provided further,* That the Secretary of the Interior may deny 50 percent of an Abandoned Mine Reclamation fund grant, available to a State pursuant to title IV of Public Law 95–87, in accordance with the procedures set forth in section 521(b) of the Act, when the Secretary determines that a State is systematically failing to administer adequately the enforcement provisions of the approved State regulatory program. Funds will be denied until such time as the State and Office of Surface Mining Reclamation and Enforcement have agreed upon an explicit plan of action for correcting the enforcement deficiency. A State may enter into such agreement without admission of culpability. If a State enters into such agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as long as the State is complying with the terms of the agreement: *Provided further,* That expenditure of moneys as authorized in section 402(g)(3) of Public Law 95–87 shall be on a priority basis with the first priority being protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices, as stated in section 403 of Public Law 95–87: *Provided further,* That 23 full time equivalent positions are to be maintained in the Anthracite Reclamation Program at the Wilkes-Barre Field Office. 101 STAT. 1329–228 Bureau of Indian Affairs operation of indian programs For operation of Indian programs by direct expenditure, contracts, cooperative agreements, and grants including expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $970,756,000, of which not less than $47,787,000 shall remain available until expended for contract support for contracts entered into under Public Law 93–638; and of which not to exceed $51,121,000 for higher education scholarships and assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), and $25,000,000 for firefighting shall remain available for obligation until September 30,1989, and the funds made available to tribes and tribal organizations through contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available until September 30, 1989: *Provided,* That this carryover authority does not extend to programs directly operated by the Bureau of Indian Affairs unless the tribe(s) and the Bureau of Indian Affairs enter into a cooperative agreement for consolidated services; and for expenses necessary to carry out the provisions of section 19(a) of Public Law 93–531 (25 U.S.C. 640d–18(a)), $1,971,000, to remain available until expended: *Provided further,* That none of the funds appropriated to the Bureau of Indian Affairs shall be expended as matching funds for programs funded under section 103(b)(2) of the Carl D. Perkins Vocational Education Act: *Provided further,* That the amounts available for[25 USC 452 note](/us/usc/t25/s452). assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall be distributed on the same basis as such funds were distributed in fiscal year 1986: *Provided further,* That notwithstanding any provision of the American Indian, Alaska[20 USC 4411 note](/us/usc/t20/s4411). Native, and Native Hawaiian Culture and Art Development Act, the amounts appropriated for fiscal year 1988 for the Bureau of Indian Affairs for the Institute of American Indian Arts shall be available to operate the Institute until the Board of Regents and President of the Institute have been named and had an opportunity to organize, and for use under part A of that Act: *Provided further,* That the savings realized by the Bureau of Indian Affairs from the transfer of fish hatcheries to the United States Fish and Wildlife Service shall be available for cyclical maintenance of triballyowned fish hatcheries and related facilities: *Provided further,* That no part of any appropriations to the Bureau of Inaian Affairs shall be available to provide general assistance payments for Alaska Natives in the State of Alaska unless and until otherwise specifically provided for by Congress: *Provided further,* That none of 101 STAT. 1329–229the funds contained in this Act shall be available for any payment to any school to which such school would otherwise be entitled pursuant to section 1128(b) of Public Law 95–561, as amended, until after July 1, 1988: *Provided further,* That the Secretary shall take no action to close the school or dispose of the property of the Phoenix Indian School until the Congress has specifically approved the school closure or provided for disposition of the property in legislation: *Provided further,* That none of the funds in this Act shall be used by the Bureau of Indian Affairs to transfer funds under a contract with any third party for the management of tribal or individual Indian trust funds until the funds held in trust for such tribe or individual have been audited and reconciled, and the tribe or individual has been provided with an accounting of such funds, and the appropriate Committees of the Congress and the tribes have been consulted with as to the terms of the proposed contract or agreement: *Provided further,* That none of the funds in this Act shall be used to implement any regulations, or amendments to or revisions of regulations, relating to the Bureau of Indian Affairs’ higher education grant program that were not in effect on March 1, 1987: *Provided further,* That none of the funds in this Act shall be used to implement proposed initiatives to transfer any school operated by the Bureau to the control of any tribe, State, or local government agency (except that this prohibition shall not apply with respect to the transfer of a Bureau-operated school to the control of an Indian tribe under a contract entered into under the Indian Self-Determination and Education Assistance Act if the governing body of the Indian tribe approves of the transfer); to charge tuition at Bureau post-secondary schools; to implement the proposed economic self-assistance initiative (except for a limited demonstration program); to change the method of funding tribal contractor indirect costs, including imposition of a fiat rate for contract support costs; to make available to the Bureau administrative deductions collected from Indian timber sales; to contract out the administration of the Bureau forestry program or any other Bureau-operated programs without prior approval of the Committees on Appropriations; or to implement any reorganizations, including “regionalization” of programs, without the prior approval of the Committees on Appropriations: *Provided further,* That Public Law [100 Stat. 732](/us/stat/100/732).99–349 is amended by deleting under the heading “Bureau of Indian Affairs, Operation of Indian Programs” the second, third, and fourth provisos and substituting: “*Provided further,* That the funds appropriated hereunder shall be used pursuant to the consent decree and subsequent court orders in United States v. Michigan (M-26-73).”: *Provided further,* That $120,000 of the amounts provided for education program management shall be available for a grant to the Close Up Foundation. construction For construction, major repair, and improvement of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands and interests in lands; preparation of lands for farming; and construction, repair, and improvement of Indian housing, $83,225,000, to remain available until expended: *Provided,* That of this amount, up to $6,400,000 shall be made available for planning, design and construction of the Choctaw Central School in Mississippi: *Provided further,* That the portion of the $6,400,000 related 101 STAT. 1329–230to construction shall not be released until
(1)an application for the new school has been submitted to the Bureau of Indian Affairs and the Office of Construction Management;
(2)the application has been reviewed and ranked on the school construction priority system; and
(3)the planning and design for the new school has been completed: *Provided further,* That $1,482,000 of the funds appropriated for use by the Secretary to construct homes and related facilities for the Navajo and Hopi Indian Relocation Commission in lieu of construction by the Commission under section 15(d)(3) of the Act of December 22, 1974 (88 Stat. 1719; 25 U.S.C. 640d–14(d)(3)), may be used for counseling, archeological clearances, water production and administration related to the relocation of Navajo families: *Provided further,* That $1,500,000 of the funds made available in this Act shall be available for rehabilitation of triballyowned fish hatcheries and related facilities: *Provided further,* That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: *Provided further,* That none of the funds available in this Act may be used to implement any regulations, or amendments to or revisions of regulations, relating to the Bureau of Indian Affairs’ housing improvement program that were not in effect on October 1,1986. road construction For construction of roads and bridges pursuant to authority contained in 23 U.S.C. 203, the Act of November 2,1921 (42 Stat. 208; 25 U.S.C. 13), and the Act of May 26,1928 (45 Stat. 750; 25 U.S.C. 318a), $1,000,000 for the Honobia Indian Road in Oklahoma, to remain available until expended: *Provided,* That not to exceed 5 per centum of contract authority available to the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover roads program management costs and construction supervision costs of the Bureau of Indian Affairs. miscellaneous payments to indians For miscellaneous payments to Indian tribes and individuals pursuant to Public Laws 98–500, 99–264, and 99–503, including funds for necessary administrative expenses, $13,340,000, to remain available until expended: *Provided,* That not to exceed $10,700,000 is made available to the Tohono O’Odham Nation for purposes authorized in the Gila Bend Indian Reservation Lands Replacement Act, Public Law 99–503. miscellaneous trust funds tribal trust funds [25 USC 123d](/us/usc/t25/s123d).In addition to the tribal funds authorized to be expended by existing law, there is appropriated in fiscal year 1988 and thereafter to the Secretary of the Interior for the benefit of the tribes on whose behalf such funds were collected, not to exceed $1,000,000 in each fiscal year from tribal funds not otherwise available for expenditure. revolving fund for loans During fiscal year 1988, and within the resources and authority available, gross obligations for the principal amount of direct loans 101 STAT. 1329–231pursuant to the Indian Financing Act of 1974, as amended (88 Stat. 77; 25 U.S.C. 1451 et seq.), shall not exceed resources and authority available. indian loan guaranty and insurance fund For payment of interest subsidies on new and outstanding guaranteed loans and for necessary expenses of management and technical assistance in carrying out the provisions of the Indian Financing Act of 1974, as amended (88 Stat. 77; 25 U.S.C. 1451 et seq.), $3,085,000, to remain available until expended: *Provided,* That during fiscal year 1988, total commitments to guarantee loans pursuant to the Indian Financing Act of 1974, as amended, may be made only to the extent that the total loan principal, any part of which is to be guaranteed, shall not exceed resources and authority available. administrative provisions Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans and the Indian loan guarantee and insurance fund) shall be available for expenses of exhibits, and purchase of not to exceed 150 passenger carrying motor vehicles, of which 100 shall be for replacement only. Territorial and International Affairs administration of territories For expenses necessary for the administration of territories under the jurisdiction of the Department of the Interior, $78,235,000 of which
(1)$75,287,000 shall be available until expended for technical assistance; late charges and payments of the annual interest rate differential required by the Federal Financing Bank, under terms of the second refinancing of an existing loan to the Guam Power Authority, as authorized by law (Law 98–454; 98 Stat. 1732); grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to current local revenues, for support of governmental functions; construction grants to the Government of the Virgin Islands as authorized by Public Law 97–357 (96 Stat. 1709); construction grants to the Government of Guam, as authorized by law (Law 98–454; 98 Stat. 1732); grants to the Government of the Northern Mariana Islands as authorized by law (Public Law 94–241; 90 Stat. 272); and
(2)$2,948,000 for salaries and expenses of the Office of Territorial and [48 USC 1401f, 1423*l*, 1665](/us/usc/t48/s1401f/1423l/1665).International Affairs: *Provided,* That the territorial and local governments herein provided for are authorized to make purchases through the General Services Administration: *Provided further,* [48 USC 1469b](/us/usc/t48/s1469b).That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or utilized by such governments, shall be audited by the General Accounting Office, in accordance with chapter 35 of title 31, United States Code: *Provided further,* That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 99–396, except that should the Secretary of the Interior believe that 101 STAT. 1329–232the performance standards of such agreement are not being met, operations fui.ds may be withheld, but only by Act of Congress as required by Public Law 99–396: *Provided further,* That funds previously appropriated under this head for a loan to the Government of the United States Virgin Islands, for construction of an extension to the Alexander Hamilton Airport runway, St. Croix, shall be available for issuance of the loan without approval of a multiyear grant of Airport Improvement Program funds from the Federal Aviation Administration: *Provided further,* That $540,000 of the amounts provided for technical assistance shall be available for a grant to the Close Up Foundation: *Provided further,* That of the total appropriation $500,000 shall be available for the establishment of a disaster contingency fund. trust territory of the pacific islands For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495); grants for the expenses of the High Commissioner of the Trust Territory of the Pacific Islands; grants for the compensation and expenses of the Judiciary of the Trust Territory of the Pacific Islands; grants to the Trust Territory of the Pacific Islands, in addition to local revenues, for support of governmental functions; $41,940,000, of which $33,940,000 is for operations including $12,350,000 for payment of claims pursuant to the Micronesian Claims Act of 1971: *Provided,* That section 105 of Public Law 95–134 (91 Stat. 1159) is amended by inserting after the word “Islands” the words “(TTPI), or TTPI constituent or successor governments,”; and of which $8,000,000 is for construction, to remain available until expended: *Provided further,* That all financial transactions of the Trust Territory, including[48 USC 1683](/us/usc/t48/s1683). such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with chapter 35 of title 31, United States Code: *Provided further,* That the government of the Trust[48 USC 1682](/us/usc/t48/s1682). Territory of the Pacific Islands is authorized to make purchases through the General Services Administration. compact of free association For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands as provided for in sections 122, 221, 223, 232, and 233 of the Compact of Free Association, $33,620,000, including $2,500,000 for the Enjebi Community Trust Fund, to remain available until expended, as authorized by Public Law 99–239: *Provided,* That notwithstanding the provisions of Public Law 99–500 and 99–591, the effective date of the Palau Compact for purposes of economic assistance pursuant to the Palau Compact of Free Association, Public Law 99–658, shall be the effective date of the Palau Compact as determined pursuant to section 101(d) of Public Law 99–658: *Provided further,* That funds previously appropriated under this head shall be available for audit purposes as identified in section 233 of the Compact of Free Association. 101 STAT. 1329–233 Departmental Offices office of the secretary For necessary expenses of the Office of the Secretary of the Interior, $47,519,000 of which not to exceed $10,000 may be for official reception and representation expenses. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $23,053,000. office of inspector general For necessary expenses of the Office of Inspector General, $17,757,000. construction management For necessary expenses of the Office of Construction Management, $1,800,000. administrative provisions There is hereby authorized for acquisition from available resources within the Working Capital Fund, 8 aircraft, all of which shall be for replacement: *Provided,* That no programs funded with appropriated funds in the “Office of the Secretary”, “Office of the Solicitor”, and “Office of Inspector General” may be augmented through the Working Capital Fund or the Consolidated Working Fund. GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR Sec. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: *Provided,* That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: *Provided further,* That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible. Sec. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in adaition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods or volcanoes; for emergency reclamation projects under section 410 of Public Law 95–87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface 101 STAT. 1329–234Mining Act: *Provided,* That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: *Provided further,* That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible. Sec. 103. Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by sections 1535 and 1536 of title 31, U.S.C.: *Provided,* That reimbursements for costs and supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. Sec. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $300,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members: *Provided,* That no funds available to the Department of the Interior are available for any expenses of the Great Hall of Commerce. Sec. 105. Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204). Sec. 106. Appropriations made in this title shall be available for obligation in connection with contracts issued by the General Services Administration for services or rentals for periods not in excess of twelve months beginning at any time during the fiscal year. Sec. 107. No funds provided in this title may be expended by the Department of the Interior for the preparation for, or conduct of, preleasing and leasing activities (including but not limited to: calls for information, tract selection, notices of sale, receipt of bids and award of leases) of lands described in, and under the same terms and conditions set forth in section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in Public Law 99–190. Sec. 108. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance changing the name of the mountain located 63 degrees, 04 minutes, 15 seconds west, presently named and referred to as Mount McKinley. Sec. 109. Notwithstanding any other provision of law, appropriations in this title shall be available to provide insurance on official motor vehicles, aircraft, and boats operated by the Department of the Interior in Canada and Mexico. 101 STAT. 1329–235 Sec. 110. No funds provided in this title may be used to detail any employee to an organization unless such detail is in accordance with Office of Personnel Management regulations. Sec. 111. The Secretary of the Navy is authorized to transfer to the Guam Power Authority (GPA), pursuant to the payment provisions described in the conference report on the Continuing Appropriations Act, 1985 (House Report No. 98–1159), those Navy-owned electric power generation, transmission and distribution facilities, and equipment (excluding distribution facilities required by the military) on Guam as specified in the customer-supplier contract to be negotiated between the Navy and the GPA together with associated land interests. Transfer of such power generation, transmission and distribution facilities, and equipment shall not occur until the GPA assumes full responsibility for islandwide electrical power supply to military and civilian customers on Guam. GPA shall assume full responsibility when it meets all performance standards specified in the August, 1986 independent third party plan for takeover of the islandwide power responsibilities or other performance standards mutually agreed upon by GPA and Navy. TITLE II— RELATED AGENCIES DEPARTMENT OF AGRICULTURE Forest Service forest research For necessary expenses of forest research as authorized by law, $135,510,000 of which $3,000,000 shall remain available until expended for competitive research grants, as authorized by section 5 of Public Law 95–307. state and private forestry For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions, and others; and for forest pest management activities, $76,469,000, to remain available until expended, as authorized by law: *Provided,* That a grant of $2,800,000 shall be made to the State of Minnesota for the purposes authorized by section 6 of Public Law 95–495: *Provided further,* That notwithstanding any other provision of law, a grant of $6,400,000 shall be provided to the appropriate entity in the city of Kellogg, Idaho for construction of a gondola and shall be matched from other sources. national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for liquidation of obligations made in the preceding fiscal years pursuant to 16 U.S.C. 556d for forest firefighting and emergency rehabilitation of National Forest System lands, and for administrative expenses associated with the management of funds provided under the heads “Forest Research”, “State and Private Forestry”, “National Forest System”. “Construction“, and “Land Acquisition”, $1,243,391,000, of which $296,758,000 101 STAT. 1329–236for reforestation and timber stand improvement, cooperative law enforcement, firefighting, and maintenance of forest development roads and trails shall remain available for obligation until September 30, 1989. construction For necessary expenses of the Forest Service, not otherwise provided for, for construction, $214,078,000, to remain available until expended, of which $27,643,000 is for construction and acquisition of buildings and other facilities; and $186,435,000 is for construction of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: *Provided,* That funds becoming available in fiscal year 1988 under the Act of March 4, 1913 (16 U.S.C. 501), shall be transferred to the General Fund of the Treasury of the United States. land acquisition For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–4–11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $49,076,000 to be derived from the Land and Water Conservation Fund, to remain available until expended: *Provided,* That, notwithstanding any other provision of law, the Secretary of Agriculture, as soon as practicable, shall—
(1)acquire the following described lands (containing approximately 2,000 acres) from the owner of such real property: All that portion of sections 17, 18, 19, and 20 in township 25 north range 11 west Mt. Diablo Meridian Trinity County, California, described as follows: The west half of the southwest quarter; the west half of the east half of the southwest quarter of section 17. Lots 9, 10, 11, and 12 and the southeast quarter of section 18. Lots 5, 6, 7, 8, 17, and 18 and the northeast quarter of section 19. The west half of the northwest quarter; the west half of the northeast quarter of the northwest quarter; the southeast quarter of the northeast quarter of the northwest quarter; the southeast quarter of the northwest quarter; the southwest quarter of the northeast quarter and the south half of the northwest quarter of the northeast quarter of section 20. All that portion of sections 13, 14, and 24 in township 25 north range 12 west Mount Diablo Meridian Trinity County, California, described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; the west half of the northeast quarter; the east half of the west half; the northwest quarter of the northwest quarter; and the southwest quarter of the southwest quarter of section 13. Lots 3, 4, 5, and 6; the west half of the northwest quarter of the northeast quarter; and the east half of the northeast quarter of the northeast quarter; the southeast quarter of the southeast quarter; and the southwest quarter of the northeast quarter; and the northeast quarter of the northwest quarter of section 14. Lots 1, 2, 7, and 8 of section 24. 101 STAT. 1329–237 Tracts 44, 55, and 76;
(2)in consideration of such acquisition, reduce the aggregate outstanding loan balance, with respect to loans made to such owner by the Farmers Home Administration, by an amount equal to the fair market value (as determined by the Secretary) of such real property, plus the reasonable expenses incurred by such owner in executing such transfer of title, plus an amount equal to the reasonably expected liability of such owner for Federal, State, and local taxes incurred on account of such transfer of title, except that such reduction shall not exceed $1,250,000; and
(3)transfer such lands to the Forest Service for such sums as the Secretary determines to be appropriate, which lands shall be added to, and administered as part of, the YollaBolly Middle Eel Wilderness. The Secretary of Agriculture is directed to use funds in the inholding and composite land acquisition account to purchase the Torre Canyon Ranch, in the Los Padres National Forest, California, at a cost not to exceed fair market value. timber roads, purchaser election, forest service (rescission) Of the funds currently available and unobligated in this account, $75,000,000 is hereby rescinded. timber salvage sales For design, engineering and supervision of construction of roads, for salvage timber sales, and for sale preparation and supervision of harvesting of such timber, $37,000,000, to remain available until expended: *Provided,* That the appropriation shall be merged with and made a part of the designated fund authorized by section 14(h) of Public Law 94–588, October, 1976: *Provided further,* That moneys received from the timber salvage sales program in fiscal year 1988 shall be considered as money received for the purposes of computing and distributing 25 per centum payments to local governments under 16 U.S.C. 500, as amended. acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, and Cleveland National Forests, California, as authorized by law, $966,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities pursuant to the Act of December 4, 1967, as amended (16 U.S.C. 484a), to remain available until expended. 101 STAT. 1329–238 range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 per centum of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the sixteen Western States, pursuant to section 401(b)(1) of Public Law 94–579, as amended, to remain available until expended, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. miscellaneous trust funds For expenses authorized by 16 U.S.C. 1643(b), $90,000 to remain available until expended, to be derived from the fund established pursuant to the above Act. administrative provisions, forest service Appropriations to the Forest Service for the current fiscal year shall be available for:
(a)purchase of not to exceed 186 passenger motor vehicles of which nine will be used primarily for law enforcement purposes and of which 179 shall be for replacement only, of which acquisition of 157 passenger motor vehicles shall be from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed two for replacement only, and acquisition of 50 aircraft from excess sources; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft;
(b)services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109;
(c)uniform allowances for each uniformed employee of the Forest Service, not in excess of $400 annually;
(d)purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250);
(e)acquisition of land, waters, and interests therein, pursuant to the Act of August 3,1956 (7 U.S.C. 428a);
(f)for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and
(g)for debt collection contracts in accordance with 31 U.S.C. 3718(c). None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research, State and private forestry, or National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry in the United States Senate and the Committee on Agriculture in the United States House of Representatives. Any appropriations or funds available to the Forest Service may be advanced to the National Forest System appropriation for the emergency rehabilitation of burned-over lands under its jurisdiction. Appropriations and funds available to the Forest Service shall be available to comply with the requirements of section 313(a) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)). The appropriation structure for the Forest Service may not be altered without advance approval of the House and Senate Committees on Appropriations. 101 STAT. 1329–239 Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service may be used to reimburse employees for the cost of State licenses and certification fees pursuant to their Forest Service position and that are necessary to comply with State laws, regulations, and requirements. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development and the Office of International Cooperation and Development in connection with forest and rangeland research, technical information, and assistance in foreign countries. Funds previously appropriated for timber salvage sales may be recovered from receipts deposited for use by the applicable national forest and credited to the Forest Service Permanent Appropriations to be expended for timber salvage sales from any national forest: *Provided,* That not less than $61,502,000 shall be made available to the Forest Service for obligation in fiscal year 1988 from the Timber Salvage Sales Fund appropriation. None of the funds made available to the Forest Service under this Act shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is approved in advance by the House and Senate Committees on Appropriations in compliance with the reprograming procedures contained in House Report 99–714. No funds appropriated to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture without the approval of the Chief of the Forest Service. Public information.Subject to the enactment of authorizing legislation the boundary of the Cranberry Wilderness located within the Monongahela National Forest, West Virginia, is modified as depicted on a mem entitled “Cranberry Wilderness Area Revised” dated October, 1987, on file in the Office of the Chief, Forest Service, United States Department of Agriculture, Washington, D.C. Funds available to the Forest Service shall be available to conduct a program of not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by the Youth Conservation Corps as if authorized by the Act of August 13,1970, as amended by Public Law 93–408. Notwithstanding section 705(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 539d(a)), not more than $50,007,000 of new appropriations shall be available for timber supply, protection and management, research, resource protection and construction on the Tongass National Forest in fiscal year 1988: *Provided,* That all of the funds available from the Tongass Timber Supply Fund in fiscal year 1988 pursuant to section 705(a) of Public Law 96–487 shall be deemed obligated as of October J, 1987 and shall remain available until expended. This funding limitation shall not include those funds available to the Forest Service as Trust Funds, Permanent Funds (other than the Tongass Timber Supply Fund), or Purchaser Road Construction. No funds shall be expended for the purpose of issuing a special use authorization permitting land use and occupancy and surface disturbing activities for any project to be constructed on Lewis Fork Creek in Madera County, California, at the site above, and adjacent to, Corlieu Falls bordering the Lewis Fork Creek National Recreation Trail until both of the following conditions are met: 101 STAT. 1329–240
(1)A study is completed and submitted to the Congress by the Forest Service in consultation with the California Department of Parks and Recreation regarding the project's impact on the aesthetics of Corlieu Falls, together with a finding that the Lewis Fork Creek project will not substantially impact the flow at Corlieu Falls; and
(2)A study is completed and submitted to the Congress by the Forest Service concerning the project’s impact on the Chukchansi Indian Tribe, together with a Finding that there will be no substantial adverse impact on the tribe’s adjacent sacred hot springs. DEPARTMENT OF ENERGY clean coal technology For necessary expenses of, and associated with, Clean Coal Technology demonstrations pursuant to 42 U.S.C. 5901 et seq., $50,000,000 are appropriated for the fiscal year beginning October 1, 1987, and shall remain available until expended, and $525,000,000 are appropriated for the fiscal year beginning October 1, 1988, and shall remain available until expended. No later than sixty days following enactment of this Act, the[42 USC 5903d note](/us/usc/t42/s5903d). Secretary of Energy shall, pursuant to the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.), issue a general request for proposals for emerging clean coal technologies which are capable of retrofitting or repowering existing facilities, for which the Secretary of Energy upon review may provide financial assistance awards. Proposals under this section shall be submitted to the Department of Energy no later than ninety days after issuance of the general request for proposals required herein, and the Secretary of Energy shall make any project selections no later than one hundred and sixty days after receipt of proposals: *Provided,* That projects selected are subject to all provisos contained under this head in Public Law 99–190: *Provided further,* That preaward costs incurred by project sponsors after selection and before signing an agreement are allowable to the extent that they are related to
(1)the preparation of material requested by the Department of Energy and identified as required for the negotiation; or
(2)the preparation and submission of environmental data requested by the Department of Energy to complete National Environmental Policy Act requirements for the projects: *Provided further,* That preaward costs are to be reimbursed only upon signing of the project agreement and only in the same ratio as the cost-sharing for the total project: *Provided further,* That reports on projects selectedReports. by the Secretary of Energy pursuant to authority granted under the heading “Clean coal technology” in the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in Public Law 99–190, which are received by the Speaker of the House of Representatives and the President of the Senate prior to the end of the first session of the 100th Congress shall be deemed to have met the criteria in the third proviso of the fourth paragraph under the heading “Administrative provisions. Department of Energy“ in the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in Public Law 99–190, upon expiration of 30 calendar days from receipt of the report by the Speaker of the House of Representatives and the President of the Senate. 101 STAT. 1329–241 fossil energy research and development (including transfer of funds) For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, $326,975,000, to remain available until expended, of which $230,000 is for the functions of the Office of the Federal Inspector for the Alaska Natural Gas Transportation System established pursuant to the authority of Public Law 94–586 (90 Stat. 2908–2909), and of the amount appropriated under this head, $4,000,000 shall be available to construct Department of Energy Fossil Energy building B–26, and pursuant to section Hl(b)(1)(B) of the Energy Reorganization Act of 1974, as amended, of the amount appropriated under this head, $5,500,000 shall be available for a grant for an energy center at the University of Oklahoma in Norman, Oklahoma, and $6,000,000 shall be available for a grant for an energy center at West Virginia University in Morgantown, West Virginia, without section 111(b)(2) of such Act being applicable, and $20,894,000 to be derived by transfer from amounts derived from fees for guarantees of obligations collected pursuant to section 19 of the Federal Nonnuclear Energy Research and Development Act of 1974, as amended (42 U.S.C. 5919), and deposited in the “Energy security reserve” established by Public Law 96–126: *Provided,* That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas: *Provided further,* That notwithstanding any other provision of law, funds appropriated under this head in Public Law 99–190 for demonstration of the Kilngas coal gasification process, which remain unobligated, shall be available for carrying out any fossil energy research and development activities. Of the funds herein provided, $35,000,000 is for implementation of the June, 1984 multiyear, cost-shared magnetohydrodynamics program targeted on proof-of-concept testing: *Provided further,* That 25 per centum private sector cash or inkind contributions shall be required for obligations in fiscal year 1988, and for each subsequent fiscal year’s obligations private sector contributions shall increase by 5 per centum over the life of the proof-of-concept plan: *Provided further,* That existing facilities, equipment, and supplies, or previously expended research or development funds are not costsharing for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice: *Provided further,* That cost-sharing shall not be required for the costs of constructing or operating Government-owned facilities or for the costs of Government organizations. National Laboratories, or universities and such costs shall not be used in calculating the required percentage for private sector contributions: *Provided further,* That private sector contribution percentages need not be met on each contract but must be met in total for each fiscal year. naval petroleum and oil shale reserves For necessary expenses in carrying out naval petroleum and oil shale reserve activities, $159,663,000, to remain available until ex-101 STAT. 1329–242pended: *Provided,* That sums in excess of $836,000,000 received during fiscal year 1988 as a result of the sale of products produced from Naval Petroleum Reserves Numbered 1 and 3 shall be deposited in the “SPR petroleum account”, to remain available until expended, for the acquisition and transportation of petroleum and for other necessary expenses: *Provided further,* That section 7430(b) of title 10, United States Code, is amended by adding after paragraph
(2)the following: " “(3) For purposes of paragraph (2), the term ‘petroleum’ does not include natural gas liquids,” " and section 7422(c)(1)(B)(ii) of such title is amended by inserting “(other than natural gas liquids)” after “petroleum”. energy conservation For necessary expenses in carrying out energy conservation activities, $366,297,000, to remain available until expended, of which $56,780,000, notwithstanding any other provision of law, shall be derived first from the excess amount for fiscal year 1988 determined under the provisions of section 3003(d) of Public Law 99–509 (15 U.S.C. 4502), and second, if necessary, from unexpended balances in the Department of Energy Deposit Fund Escrow account: *Provided,* That $200,000,000 shall be for use in energy conservation programs as defined in section 3008(3) of Public Law 99–509 (15 U.S.C. 4507): *Provided further,* That notwithstanding section 3003(d)(2) of Public Law 99–509 such sums shall be allocated to the eligible programs in the same amounts for each program as in fiscal year 1987, and of which $6,000,000 shall be available for a grant for an energy demonstration and research facility at Northwestern University as authorized by section 202 of Public Law 99–412 (42 U.S.C. 8281 note): *Provided further,* That $4,000,000 of the amount provided under this heading shall be available for continuing a research and development initiative with the National Laboratories, industry, universities, or others for new technologies up to proof-of-concept testing to increase significantly the energy efficiency of processes that produce steel: *Provided further,* That obligation of funds for these activities shall be contingent on an agreement to provide cash or inkind contributions to the initiative or to other collaborative research and development activities related to the purpose of the initiative equal to 30 percent of the amount of Federal Government obligations: *Provided further,* That existing facilities, equipment, and supplies, or previously expended research or development funds are not acceptable as contributions for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice: *Provided further,* That the total Federal expenditure under this proviso shall be repaid up to one and one-half times from the proceeds of the commercial sale, lease, manufacture, or use of technologies developed under this proviso, at a rate of one-fourth of all net proceeds. economic regulation For necessary expenses in carrying out the activities of the Economic Regulatory Administration and the Office of Hearings and Appeals, $21,565,000. 101 STAT. 1329–243 emergency preparedness For necessary expenses in carrying out emergency preparedness activities, $6,172,000. strategic petroleum reserve For expenses necessary to carry out the provisions of sections 151 through 166 of the Energy Policy and Conservation Act of 1975 (Public Law 94–163), $164,162,000, to remain available until expended. spr petroleum account For the acquisition and transportation of petroleum and for other necessary expenses under section 167 of the Energy Policy and Conservation Act of 1975 (Public Law 94–163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35), $438,744,000, to remain available until expended: *Provided,* That outlays in Fiscal year 1988 resulting from the use of these funds may not exceed $256,478,000: *Provided further,* That notwithstanding 42 U.S.C. 6240(d) the United States' share of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or otherwise disposed of to other than the Strategic Petroleum Reserve. energy information administration For necessary expenses in carrying out the activities of the Energy Information Administration, $61,398,000. administrative provisions, department of energy Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles, hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From appropriations under this Act, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, private, or foreign: *Provided,* That revenues and other moneys received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: *Provided further,* That the remainder of revenues after the making of Contracts.Reports.such payments shall be covered into the Treasury as miscellaneous receipts: *Provided further,* That any contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to the expiration of 30 101 STAT. 1329–244calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full and comprehensive report on such project, including the facts and circumstances relied upon in support of the proposed project. The Secretary of Energy may transfer to the Emergency Preparedness appropriation such funds as are necessary to meet any unforeseen emergency needs from any funds available to the Department of Energy from this Act. DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health Care Improvement Act, and titles III and XXI and sections 208 and 338G of the Public Health Service Act with respect to the Indian Health Service, including hire of passenger motor vehicles and aircraft; purchase of reprints; purchase and erection of portable buildings; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; $943,297,000 together with payments received during the fiscal year pursuant to 42 U.S.C. 300cc–2 for services furnished by the Indian Health Sendee: *Provided,* That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86–121 (the Indian Sanitation Facilities Act): *Provided further,* That funds made available to tribes and tribal organizations through grants and contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall remain available until September 30, 1989; and $15,000,000 shall remain available until expended, for the Indian Catastrophic Health Emergency Fund and contract medical care: *Provided further,* That of the funds provided, $2,000,000 shall be used to carry out a loan repayment program under which Federal, State, and commercial-type educational loans for physicians and other health professionals will be repaid at a rate not to exceed $25,000 per year of obligated service in return for full-time clinical service in the Indian Health Service. Each individual participating in this program must sign and submit to the Secretary a written contract to accept repayment of educational loans and to serve for the applicable period of service in the Indian Health Service: *Provided further,* That funds provided in this Act may be used for one-year contracts and grants which are to be performed in two fiscal years, so long as the total obligation is recorded in the year for which the funds are appropriated: *Provided further,* That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act shall be available until September 30, 1989 for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act (exclusive of planning, design, construction of new facilities, or 101 STAT. 1329–245major renovation of existing Indian Health Service facilities): *Provided further,* That of the funds provided, $2,500,000 shall remain available until expended, for the establishment of an Indian Self-Determination Fund, which shall be available for the transitional costs of initial or expanded tribal contracts, grants or cooperative agreements with the Indian Health Service under the provisions of the Indian Self-Determination Act: *Provided further,* That funding contained herein, and in any earlier appropriations Acts for scholarship programs under section 103 of the Indian Health Care Improvement Act and section 338G of the Public Health Service Act with respect to the Indian Health Service shall remain available for expenditure until September 30,1989. indian health facilities For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of portable buildings, purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act and the Indian Health Care Improvement Act, $62,511,000, to remain available until expended. administrative provisions, indian health service Appropriations in this Act to the Indian Health Service, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem equivalent to the rate for GS–18, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902), and for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities: *Provided,* That none of the funds appropriated under this Act to the Indian Health Service shall be available for the initial lease of permanent structures without advance provision therefor in appropriations Acts: *Provided further,* That non-Indian patients may be extended health care at all Indian Health Service facilities, if such care can be extended without impairing the ability of the Indian Health Service to fulfill its responsibility to provide health care to Indians served by such facilities and subject to such reasonable charges as the Secretary of Health and Human Services shall prescribe, the proceeds of which, together with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651–53), shall be deposited in the fund established by sections 401 and 402 of the Indian Health Care Improvement Act: *Provided further,* That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: [25 USC 1681](/us/usc/t25/s1681). *Provided further,* That with the exception of service units which currently have a billing policy, the Indian Health Service shall not initiate any further action to bill Indians in order to collect from third-party payers nor to charge those Indians who may have the economic means to pay unless and until such time as Congress has 101 STAT. 1329–246agreed upon a specific policy to do so and has directed the Indian[42 USC 254n note](/us/usc/t49/s254n). Health Service to implement such a policy: *Provided further,* That the Secretary of Health and Human Services may authorize special retention pay under paragraph
(4)of 37 U.S.C. 302(a) to any regular or reserve officer for the period during which the officer is obligated under section 338B of the Public Health Service Act and assigned and providing direct health services or serving the officer’s obligation as a specialist: *Provided further,* That personnel ceilings may not be imposed on the Indian Health Service nor may any action be taken to reduce the full-time equivalent level of the Indian Health Service by the elimination of temporary employees by reduction in force, hiring freeze or any other means without the review and approval of the Committees on Appropriations: *Provided further, *Tnat funds provided in this Act may be used to reimburse the travel costs of spouses who accompany prospective Indian Health Service medical professional employees to the site of employment as part of the recruitment process: *Provided further,* That section 103(c)[25 USC 450g](/us/usc/t25/s450g). of the Indian Self-Determination Act (88 Stat. 2206) is amended by adding the following sentence at the end thereof: “For purposes of section 224 of the Public Health Service Act of July 1, 1944Contracts.Grants. (42 U.S.C. 233(a)), as amended by section 4 of the Act of December 31, 1970 (84 Stat. 1870), with respect to claims for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations, a tribal organization or Indian contractor carrying out a contract, grant agreement, or cooperative agreement under sections 103 or 104(b) of this Act is deemed to be part of the Public Health Service in the Department of Health and Human Services while carrying out any such contract or agreement and its employees (including those acting on behalf of the organization or contractor as provided in section 2671 of title 28) are deemed employees of the Service while acting within the scope of their employment in carrying out the contract or agreement.”. The paragraph under the heading “Administrative Provisions, Indian Health Service” that is under the superior headings “Health Resources and Services Administration” and “Department of Health and Human Services” in title II of the Department of the Interior and Related Agencies Appropriations Act, 1987, which is contained in section 101(h) of Public Law 99–500 (100 Stat. 1783–277) and in section 101(h) of Public Law 99–591 (100 Stat. 3341–277) is amended by striking out all after “any political subdivision of the State,” in the seventh proviso and inserting in lieu thereof “any corporation (including the University of Alaska), any partnership, any business organization, any non-profit organization, or any person, and may receive or pay money to the extent that such receipt or payment is necessary to equalize the exchange: *Provided,* That available funds previously appropriated for this project may be used for this purpose and that any money received by the Secretary shall be credited to the appropriation for Indian Health Facilities and be used to offset the costs of constructing or lease-purchase of the hospital facilities in Alaska described in this section: *Provided further,* That the Indian Health Service prepares and submits aReports. report prior to June, 1988, which sets forth the legal authority necessary to enter into a lease-purchase contract, identifies the extent of tribal interest in the construction of health facilities for lease-purchase to the Indian Health Service, compares the advantages versus the disdvantages to the Government of lease-purchase 101 STAT. 1329–247to direct Federal construction of the Anchorage facility, including costs of construction, and discusses the efforts expended by the Indian Health Service in protecting the Federal investment to date”. DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education indian education For necessary expenses to carry out, to the extent not otherwise provided, the Indian Education Act, $66,326,000, of which $49,170,000 shall be for part A and $14,707,000 shall be for parts B and C: *Provided,* That the amounts available pursuant to section 423 of the Act shall remain available for obligation until September 30, 1989. OTHER RELATED AGENCIES Navajo and Hopi Indian Relocation Commission salaries and expenses For necessary expenses of the Navajo and Hopi Indian Relocation Commission as authorized by Public Law 93–531, $25,270,000, to remain available until expended, for operating expenses of the Commission: *Provided,* That none of the funds contained in this or any other Act may be used to evict any single Navajo or Navajo family who, as of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: *Provided further,* That no relocatee will be provided with more than one new or replacement home: *Provided further,* That the Commission shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to 25 U.S.C. 640d–10. Smithsonian Institution salaries and expenses For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for terms not to exceed ten years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $201,432,000, including such funds as may be necessary to support American overseas research centers: *Provided,* That funds appropriated herein are available for advance payments to independent contractors 101 STAT. 1329–248performing research services or participating in official Smithsonian presentations. construction and improvements, national zoological park For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise, $8,150,000, to remain available until expended. restoration and renovation of buildings For necessary expenses of restoration and renovation of buildings owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $19,254,000, to remain available until expended: *Provided,* That contracts awardedContracts. for environmental systems, protection systems, and exterior repair or renovation of buildings of the Smithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. construction For necessary expenses to design and construct a base camp at the Fred L. Whipple Observatory, $1,315,000, to remain available until expended: *Provided,* That notwithstanding any other provision of law, the Institution is authorized to transfer to the State of Arizona, the counties of Santa Cruz and/or Pima, a sum not to exceed $150,000 for the purpose of assisting in the construction or maintenance of an access to the Whipple Observatory. National Gallery of Art salaries and expenses For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–5902); purchase, or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; purchase of one passenger motor vehicle for replacement only; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $37,352,000, of which not to exceed $2,420,000 for the special exhibition program shall remain available until expended. 101 STAT. 1329–249 Woodrow Wilson International Center for Scholars salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $4,028,000. National Foundation on the Arts and the Humanities National Endowment for the Arts grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $139,311,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act, and for administering the functions of the Act: *Provided,* That, 20 U.S.C. 974(b) is amended as follows: strike “$650,000,000” and insert “$1,200,000,000”: *Provided further,* That, 20 U.S.C. 974(c) is amended as follows: strike “$75,000,000” and insert “$125,000,000”. matching grants To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $28,420,000, to remain available until September 30, 1989, to the National Endowment for the Arts, of which $19,420,000 shall be available for purposes of section 5(1): *Provided,* That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of section K)(a)(2), subsections ll(a)(2)(A) and ll(a)(3)(A) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. National Endowment for the Humanities grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $111,935,000 shall be available to the National Endowment for the Humanities for support of activities in the humanities, pursuant to section 7(c) of the Act, and for administering the functions of the Act. matching grants To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $28,500,000, to remain available until September 30, 1989, of which $16,500,000 shall be available to the National Endowment for the Humanities for the purposes of section 7(h): *Provided,* That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and 101 STAT. 1329–250devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of subsections ll(a)(2)(B) and ll(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99–190 (99 Stat. 1261; 20 U.S.C. 956a), as amended, $4,500,000: *Provided,* That Public Law 99–190 (99 Stat. 1261) is amended under this heading as follows:
(1)in the first paragraph, strike the words “National Endowment for the Humanities” and insert in lieu thereof “Commission of Fine Arts”, and
(2)Delete the third paragraph and insert in lieu thereof: “The Chairman of the Commission of Fine Arts shall establish an application process and shall, along with the Chairman of the National Endowment for the Arts and the Chairman of the National Endowment for the Humanities determine the eligibility of applicant organizations in addition to those herein named.”. Institute of Museum Services grants and administration For carrying out title II of the Arts, Humanities, and Cultural Affairs Act of 1976, as amended, $21,944,000, including $100,000 as authorized by 20 U.S.C. 965(b): *Provided,* That none of these funds shall be available for the compensation of Executive Level V or higher positions: *Provided further,* That the Museum Services Board shall not meet more than three times during fiscal year 1988. administrative provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: *Provided,* That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses. Commission of Fine Arts salaries and expenses For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $443,000. Advisory Council on Historic Preservation salaries and expenses For expenses made necessary by the Act establishing an Advisory Council on Historic Preservation, Public Law 89–665, as amended, $1,719,000: *Provided,* That none of these funds shall be available for the compensation of Executive Level V or higher positions. 101 STAT. 1329–251 National Capital Planning Commission salaries and expenses For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized by 5 U.S.C. 3109, $2,948,000. Franklin Delano Roosevelt Memorial Commission salaries and expenses For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92–332 (86 Stat. 401), $28,000 to remain available until September 30, 1989. Pennsylvania Avenue Development Corporation salaries and expenses For necessary expenses, as authorized by section 17(a) of Public Law 92–578, as amended, $2,516,000, for operating and administrative expenses of the Corporation. public development For public development activities and projects in accordance with the development plan as authorized by section 17(b) of Public Law 92–578, as amended, $3,000,000, to remain available until expended. United States Holocaust Memorial Council holocaust memorial council For expenses of the Holocaust Memorial Council, as authorized by [36 USC 1404 note](/us/usc/t36/s1404). Public Law 96–388, $2,171,000: *Provided,* That hereafter persons other than members of the United States Holocaust Memorial Council may be designated as members of committees associated with the United States Holocaust Memorial Council subject to appointment by the Chairman of the Council: *Provided further,* That any persons so designated shall serve without cost to the Federal Government: *Provided further,* That none of these funds shall be available for the compensation of Executive Level V or higher [36 USC 1404 note](/us/usc/t36/s1404). positions: *Provided further,* That hereafter the Chairman of the Council may waive any Council bylaw when the Chairman determines such waiver will be in the best interest of the Council: *Provided further,* That hereafter immediately after taking such action the Chairman shall send written notice to every voting member of the Council and such waiver shall become final if 30 days after the Chairman has sent such notice, a majority of Council members do not disagree in writing with the action taken: *Provided further,* That $35,000 of the amount appropriated is to go to the lolocaust Council’s Committee to Remember the Children for a demonstration project to be undertaken with the Capital Children’s Museum to determine the feasibility of establishing a children’s museum in the principal Holocaust Memorial Museum. 101 STAT. 1329–252 TITLE III— GENERAL PROVISIONS Sec. 301. The expenditure of any appropriation under this Act forContracts.Public information. any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. Sec. 302. No part of any appropriation under this Act shall be available to the Secretaries of the Interior and Agriculture for use for any sale hereafter made of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the purchaser: *Provided,* That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufacturing needs. Sec. 303. No part of any appropriation under this Act shall be available to the Secretary of the Interior or the Secretary of Agriculture for the leasing of oil and natural gas by noncompetitive bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: *Provided,* That nothing herein is intended to inhibit or otherwise affect the sale, lease, or right to access to minerals owned by private individuals. Sec. 304. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete. Sec. 305. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 306. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency except as otherwise provided by law. Sec. 307. Except for lands described by sections 105 and 106 of Public Law 96–560, section 103 of Public Law 96–550, section 5(d)(1) of Public Law 96–312, and except for land in the State of Alaska, and lands in the National Forest System released to management for any use the Secretary of Agriculture deems appropriate through the land management planning process by any statement or other Act of Congress designating components of the National Wilderness Preservation System now in effect or hereinafter enacted, and except to carry out the obligations and responsibilities of the Secretary of the Interior under section 17(k)(1)
(A)and
(B)of the Mineral Leasing Act of 1920 (30 U.S.C. 226), none of the funds provided in this Act shall be obligated for any aspect of the processing or issuance of permits or leases pertaining to exploration for or development of coal, oil, gas, oil shale, phosphate, potassium, sulphur, gilsonite, or geothermal resources on Federal lands within any component of the National Wilderness Preservation System or within any Forest Service RARE II areas recommended for wilderness designation or allocated to further planning in Executive Communication 1504, Ninety-sixth Congress (House Document num-101 STAT. 1329–253bered 96–119); or within any lands designated by Congress as wilderness study areas or within Bureau of Land Management wilderness study areas: *Provided,* That nothing in this section shall prohibit the expenditure of funds for any aspect of the processing or issuance of permits pertaining to exploration for or development of the mineral resources described in this section, within any component of the National Wilderness Preservation System now in effect or hereinafter enacted, any Forest Service RARE II areas recommended for wilderness designation or allocated to further planning, within any lands designated by Congress as wilderness study areas, or Bureau of Land Management wilderness study areas, under valid existing rights, or leases validly issued in accordance with all applicable Federal, State, and local laws or valid mineral rights in existence prior to October 1, 1982: *Provided further,* That funds provided in this Act may be used by the Secretary of Agriculture in any area of National Forest lands or the Secretary of the Interior to issue under their existing authority in any area of National Forest or public lands withdrawn pursuant to this Act such permits as may be necessary to conduct prospecting, seismic surveys, and core sampling conducted by helicopter or other means not requiring construction of roads or improvement of existing roads or ways, for the purpose of gathering information about and inventorying energy, mineral, and other resource values of such area, if such activity is carried out in a manner compatible with the preservation of the wilderness environment: *Provided further,* That seismic activities involving the use of explosives shall not be permitted in designated wilderness areas: *Provided further,* That funds provided in this Act may be used by the Secretary of the Interior to augment recurring surveys of the mineral values of wilderness areas pursuant to section 4(d)(2) of the Wilderness Act and acquire information on other national forest and public land areas withdrawn pursuant to this Act, by conducting in conjunction with the Secretary of Energy, the National Laboratories, or other Federal agencies, as appropriate, such mineral inventories of areas withdrawn pursuant to this Act as the Secretary deems appropriate. These inventories shall be conducted in a manner compatible with the preservation of the wilderness environment through the use of methods including core sampling conducted by helicopter; geophysical techniques such as induced polarization, synthetic aperture radar, magnetic and gravity surveys; geochemical techniques including stream sediment reconnaissance and x-ray diffraction analysis; land satellites; or any other methods the Secretary deems appropriate. The Secretary of the Interior is hereby authorized to conduct inventories or segments of inventories, such as data analysis activities, by contract with private entities deemed by the Secretary to be qualified to engage in such activities whenever the Secretary has determined that such contracts would decrease Federal expenditures and would produce comparable or superior results: *Provided further,* That in carrying out any such inventory or surveys, where National Forest System lands are involved, the Secretary of the Interior shall consult with the Secretary of Agriculture concerning any activities affecting surface resources: *Provided further,* That funds provided in this Act may be used by the Secretary of the Interior to issue oil and gas leases for the subsurface of any lands designated by Congress as wilderness study areas, that are immediately adjacent to producing oil and gas fields or areas that are prospectively valuable. Such leases shall allow no surface occupancy and may be entered only by 101 STAT. 1329–254directional drilling from outside the wilderness study area or other nonsurface disturbing methods. Sec. 308. None of the funds provided in this Act shall be used to evaluate, consider, process, or award oil, gas, or geothermal leases on Federal lands in the Mount Baker-Snoqualmie National Forest, State of Washington, within the hydrographic boundaries of the Cedar River municipal watershed upstream of river mile 21.6, the Green River municipal watershed upstream of river mile 61.0, the North Fork of the Toit River proposed municipal watershed upstream of river mile 11.7, and the South Fork Toit River municipal watershed upstream of river mile 8.4. Sec. 309. No assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless such assessments and the basis therefor are presented to the Committees on Appropriations and are approved by such committees. Sec. 310. Employment funded by this Act shall not be subject to any personnel ceiling or other personnel restriction for permanent or other than permanent employment except as provided by law. Sec. 311. Notwithstanding any other provisions of law, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, and the Secretary of the Smithsonian Institution are authorized to enter into contracts with State and local governmental entities, including local fire districts, for procurement of services in the presuppression, detection, and suppression of fires on any units within their jurisdiction. Sec. 312. None of the funds provided by this Act to the United States Fish and Wildlife Service may be obligated or expended to plan for, conduct, or supervise deer hunting on the Loxahatchee National Wildlife Refuge. Sec. 313. None of the funds made available to the Department of the Interior or the Forest Service during fiscal year 1988 by this or any other Act may be used to implement the proposed jurisdictional interchange program until enactment of legislation which authorizes the jurisdictional interchange. Sec. 314. The Forest Service and Bureau of Land Management are[16 USC 1604 note](/us/usc/t16/s101). to continue to complete as expeditiously as possible development of their respective Forest Land and Resource Management Plans to meet all applicable statutory requirements. Notwithstanding the date in section 6(c) of the NFMA (16 U.S.C. 1600), the Forest Service, and the Bureau of Land Management under separate authority, may continue the management of lands within their jurisdiction under existing land and resource management plans pending the completion of new plans. Nothing shall limit judicial review of particular activities on these lands: *Provided, however,* That there shall be no challenges to any existing plan on the sole basis that the plan in its entirety is outdated, or in the case of the Bureau of Land Management, solely on the basis that the plan does not incorporate information available subsequent to the completion of the existing plan: *Provided further,* That any and all particular activities to be carried out under existing plans may nevertheless be challenged. Sec. 315. The final rule published in the Federal Register onFederal Register, publication. September 16, 1987, by the Health Resources and Services Administration of the Public Health Service of the Department of Health and Human Services, relating to eligibility for the health care services of the Indian Health Service, shall not take effect before September 16, 1988, and no action may be taken before such day to 101 STAT. 1329–255implement or administer such rule or to prescribe any other rule or regulation that has a similar effect. The grace period provided in section 36.33 of such published rule shall not terminate before March 16, 1989, and any other rule or regulation that has a similar effect shall provide for such a grace period which shall not expire before March 16, 1989. Sec. 316.
(a)Except as provided in subsection (b), the Secretary of Agriculture shall not transfer certain National Forest System land in the Black Hills National Forest, South Dakota, described as follows: TRACT 0043 (Hine)— Beginning at the north quarter corner section 16, township 1, north, range 6 east; Black Hills Meridian; thence westerly along the north line of the northwest quarter, section 16, to the east east west ⅟₂₅₆ corner; thence southerly along the west line of the east half east half northeast quarter northwest quarter 393.00 feet; thence due west to a point that is due south of the intersection of the north line of the northwest quarter, section 16, and line 20–21 of the Big Bend Placer (MS 1442); thence north to the intersection of the north line of the northwest quarter, section 16, and line 20–21 of the Big Bend Placer; thence northeasterly along line 20–21 to corner 20; thence northwesterly along line 19–20 to a point due north of the intersection of north line of the northwest quarter, section 16, and line 20–21, MS 1442; thence north to a point which is due west of a point that is 850.00 feet northerly along the west line of the southeast quarter, section 9; thence east to the west line of the southeast quarter; thence southerly along the west line of the southeast quarter 850.00 feet to the north quarter corner section 16, point of beginning.
(b)The Secretary may transfer such portion of the Hine Tract described in subsection
(a)necessary to remove the encroachment of the Hine cabin which is located on the boundary of the Hine Tract. Contracts. Sec. 317. Contracts.Notwithstanding any other provision of law, the Secretary of Energy is directed to notify the Appropriations Committees of the House and the Senate, the Energy and Natural Resources Committee of the Senate and the appropriate authorizing committees of the House of the Secretary’s intent to enter into a binding contract for the sale of the Great Plains Coal Gasification Plant in Beulah, North Dakota: *Provided,* That such notification shall be received by the above-referenced committees at least thirty
(30)calendar days before the agreement is effective: *Provided further,* That such notification shall include a detailed description as to the terms and conditions of the sale, including, but not limited to, the purchase price, the name of the prospective purchaser, the basis for agreeing to the sale, and a statement of commitment signed by an authorized individual of the purchaser for continued long-term operation of the facility at a rate and for a period determined appropriate and reasonable by the Secretary. Sec. 318. [18 USC 208 note](/us/usc/t18/s208).Notwithstanding any other provision of law, for the purposes of section 208 of title 18, United States Code, “particular matter”, as applied to employees of the Department of the Interior 101 STAT. 1329–256and the Indian Health Service, shall mean “particular matter involving specific parties”. Sec. 319.
(a)From funds appropriated under this Act such sums as are necessary shall be made available to pay forest firefighters premium pay under the provisions of subchapter V of chapter 55 of title 5, United States Code (notwithstanding the limitations of section 5547 of such title), for all premium pay—
(1)that would have been paid to such forest firefighter employees, but for the provisions of section 5547 of such title, for all pay periods (and parts thereof) occurring during the period beginning on January 1, 1987, through September 30, 1987; and
(2)earned by such forest firefighter employees in the fiscal year ending on September 30,1988.
(b)Notwithstanding the provisions of subsection (a), no forest firefighter employee may be paid premium pay to the extent that the aggregate rate of pay of such employee for the aggregate of all pay periods in any calendar year exceeds the maximum rate for GS–15 as provided under the General Schedule pursuant to subchapter III of chapter 53 of title 5, United States Code.
(c)For purposes of this section, the term “forest firefighter” means any employee of the Department of Agriculture or the Department of the Interior who is assigned to, or in support of, work on forest wildfire emergencies. This Act may be cited as the “Department of the Interior and Related Agencies Appropriations Act, 1988”.
(h)Such amounts as may be necessary for programs, projects or activities provided for in the Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTDepartments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1988.Department of Appropriations Act, 1988. Making appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies, for the fiscal year ending September 30, 1988, and for other purposes. TITLE I— DEPARTMENT OF LABOR Employment and Training Administration program administration For expenses of administering employment and training programs, $70,872,000 together with not to exceed $44,380,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. training and employment services For expenses necessary to carry into effect the Job Training Partnership Act, including the purchase and hire of passenger motor vehicles, $3,658,651,000 plus reimbursements, to be available for obligation for the period July 1, 1988, through June 30, 1989, of which $59,713,000 shall be for carrying out section 401, $65,572,000 shall be for carrying out section 402, $9,966,000 shall be for carrying 101 STAT. 1329–257out section 441, $1,915,000 shall be for the National Commission for Employment Policy, $3,830,000 shall be for all activities conducted by and through the National Occupational Information Coordinating Committee under the Job Training Partnership Act, and $7,659,000 shall be for service delivery areas under section 101(a)(4)(A)(iii) of the Job Training Partnership Act in addition to amounts otherwise provided under sections 202 and 251(b) of the Act: *Provided,* That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers. For necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers as authorized by the Job Training Partnership Act, $89,038,000, to be available for obligation for the period July 1,1988 through June 30, 1991. For activities authorized by sections 236, 237, and 238 of the Trade Act of 1974, as amended, including necessary related administrative expenses, $47,870,000. For activities authorized by title VII, subtitle C of the Stewart B. McKinney Homeless Assistance Act, $9,574,000, of which $1,915,000 shall be for carrying out section 738 of the Act. community service employment for older americans To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $258,383,000. To carry out the activities for grants to States under paragraph
(3)of section 506(a) of title V of the Older Americans Act of 1965, as amended, $72,877,000. federal unemployment benefits and allowances For payments during the current fiscal year of benefits and payments as authorized by title II of Public Law 95–250, as amended, and of trade adjustment benefit payments and allowances, as provided by law (part I, subchapter B, chapter 2, title II of the Trade Act of 1974, as amended), $141,000,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for anyperiod subsequent to September 15 of the current year: *Provided,* That amounts received or recovered pursuant to section 208(e) of Public Law 95–250 shall be available for payments. state unemployment insurance and employment service operations For activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49–491–1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social Security Act, as amended (42 U.S.C. 502–504); necessary administrative expenses for carrying out 5 U.S.C. 8501–8523, and sections 231–235 and 243–244, title II of the Trade Act of 1974, as amended; as authorized by section 7c of the Act of June 6, 1933, as amended, necessary administrative expenses under sections 101(a)(15)(H)(ii), 212(a)(14), and 216(g)(1)(2)(3) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.); and necessary administrative expenses to carry out the Targeted Jobs Tax Credit program under section 51 of the Internal Revenue Code of 1986, $22,403,000, together with not to exceed $2,418,405,000 which may be expended 101 STAT. 1329–258from the Employment Security Administration account in the Unemployment Trust Fund, and of which the sums available in the basic allocation for activities authorized by title III of the Social Security Act, as amended (42 U.S.C. 502–504), and the sums available in the basic allocation for necessary administrative expenses for carrying out 5 U.S.C. 8501–8523, shall be available for obligation by the States through December 31, 1988, and of which $21,733,000 together with not to exceed $701,296,000 of the amount which may be expended from said trust fund shall be available for obligation for the period July 1, 1988, through June 30, 1989, to fund activities under section 6 of the Act of June 6, 1933, as amended, including the cost of penalty mail made available to States in lieu of allotments for such purpose and of which $175,076,000 (including not to exceed $4,404,000 which may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980) shall be available only to the extent necessary to administer unemployment compensation laws to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State’s basic allocation was based, which cannot be provided for by normal budgetary adjustments based on State obligations as of December 31, 1988. advances to the unemployment trust fund and other funds For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of tne Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(D of the Internal Revenue Code of 1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code, and to the “Federal unemployment benefits and allowances” account, to remain available until September 30, 1989; $30,000,000. Labor-Management Services salaries and expenses For necessary expenses for Labor-Management Services, $76,776,000, of which $12,063,000 for a pension plan data base shall remain available until September 30, 1989. Pension Benefit Guaranty Corporation pension benefit guaranty corporation fund The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96–364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 1988, for such Corporation: *Provided,* That not to exceed $38,329,000 shall be available for administrative expenses of the Corporation. 101 STAT. 1329–259 Employment Standards Administration salaries and expenses For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $207,709,000, of which not to exceed $7,659,000 shall be available for obligation through September 30, 1989, for acquisition of computer equipment and software for the Federal Employees’ Compensation Program’s ADP system, together with $467,000 which may be expended from the Special Fund in accordance with sections 39(c) and 44(j) of the Longshore and Harbor Workers’ Compensation Act. special benefits (including transfer of funds) For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title V, chapter 81 of the United States Code; continuation of benefits as provided for under the head “Civilian War Benefits” in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(0 of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers’ Compensation Act, as amended, $174,000,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to September 15 of the current year: *Provided,* That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30,1988. black lung disability trust fund (including transfer of funds) For payments from the Black Lung Disability Trust Fund, $649,169,000, of which $594,522,000 shall be available until September 30, 1989, for payment of all benefits as authorized by section 9501(d) (1), (2), and
(7)of the Internal Revenue Code of 1954, as amended, and of which $28,217,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, and $25,924,000 for transfer to Departmental Management, Salaries and Expenses, and $506,000 for transfer to Departmental Management, Office of Inspector General, for expenses of operation and administration of the Black Lung Benefits program as authorized by section 9501(d)(5)(A) of that Act: *Provided,* That in addition, such amounts as may be necessary may be charged to the subsequent year appropriation for the payment of compensation or other benefits for any period subsequent to June 15 of the current year: *Provided further,* That in addition, there are hereby appropriated such amounts as may be necessary to repay advances from the Treasury that are not needed to make disbursements during the current fiscal year, as authorized by section 9501(d)(4) of that Act: *Provided further,* That 101 STAT. 1329–260in addition, such amounts shall be paid from this fund into miscellaneous receipts as the Secretary of the Treasury determines to be the administrative expenses of the Department of the Treasury for administering the fund during the current fiscal year, as authorized by section 9501(d)(5)(B) of that Act. Occupational Safety and Health Administration salaries and expenses For necessary expenses for the Occupational Safety and Health Administration, $235,474,000, including not to exceed $40,524,000, which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act, which grants shall be no less than fifty percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970: *Provided,* That none of the funds appropriated under this paragraph shall be obligated or expended for the assessment of civil penalties issued for first instance violations of any standard, rule, or regulation promulgated under the Occupational Safety and Health Act of 1970 (other than serious, willful, or repeated violations under section 17 of the Act) resulting from the inspection of any establishment or workplace subject to the Act, unless such establishment or workplace is cited, on the basis of such inspection, for ten or more violations: *Provided further,* That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: *Provided further,* That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, order or administrative action under the Occupational Safety and Health Act of 1970 affecting any work activity by reason of recreational hunting, shooting, or fishing: *Provided further,* That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 with respect to any employer of ten or fewer employees who is included within a category having an occupational injury lost work day case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except—
(1)to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2)to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; 101 STAT. 1329–261
(3)to take any action authorized by such Act with respect to imminent dangers;
(4)to take any action authorized by such Act with respect to health hazards;
(5)to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of five or more employees, and to take any action pursuant to such investigation authorized by such Act; and
(6)to take any action authorized by such Act with respect to complaints of discrimination against employees for exercising rights under such Act: *Provided further,* That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: *Provided further,* That none of the funds appropriated under this paragraph shall be obligated or expended for the proposal or assessment of any civil penalties for the violation or alleged violation by an employer of ten or fewer employees of any standard, rule, regulation, or order promulgated under the Occupational Safety and Health Act of 1970 (other than serious, willful or repeated violations and violations which pose imminent danger under section 13 of the Act) if, prior to the inspection which gives rise to the alleged violation, the employer cited has
(1)voluntarily requested consultation under a program operated pursuant to section 7(c)(1) or section 18 of the Occupational Safety and Health Act of 1970 or from a private consultative source approved by the Administration and
(2)had the consultant examine the condition cited and
(3)made or is in the process of making a reasonable good faith effort to eliminate the hazard created by the condition cited as such, which was identified by the aforementioned consultant, unless changing circumstances or workplace conditions render inapplicable the advice obtained from such consultants: *Provided further,* That none of the funds appropriated under this paragraph may be obligated or expended for any State plan monitoring visit by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970, of any factory, plant, establishment, construction site, or other area, workplace or environment where such a workplace or environment has been inspected by an employee of a State acting pursuant to section 18 of such Act within the six months preceding such inspection: *Provided further,* That this limitation does not prohibit the Secretary of Labor from conducting such monitoring visit at the time and place of an inspection by an employee of a State acting pursuant to section 18 of such Act, or in order to investigate a complaint about State program administration including a failure to respond to a worker complaint regarding a violation of such Act, or in order to investigate a discrimination complaint under section 11(c) of such Act, or as part of a special study monitoring program, or to investigate a fatality or catastrophe: *Provided further,* That none of the funds appropriated under this paragraph may be obligated or expended for the inspection, investigation, or enforcement of any activity occurring on the Outer Continental Shelf which exceeds the authority granted to the Occupational Safety and Health Administration by any provision of the Outer Continental Shelf Lands Act, or the Outer Continental Shelf Lands Act Amendments of 1978. 101 STAT. 1329–262 Mine Safety and Health Administration salaries and expenses For necessary expenses for the Mine Safety and Health Administration, $160,193,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the purchase of not to exceed sixty passenger motor vehicles for replacement only; the Secretary is authorized to accept lands, buildings,[30 USC 962](/us/usc/t30/s962). equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major disaster: *Provided,* That none of the funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and Health Act of 1977 or to carry out that portion of section 104(g)(1) of such Act relating to the enforcement of any training requirements, with respect to shell dredging, or with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Bureau of Labor Statistics salaries and expenses For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $176,481,000, of which $8,793,000 shall be for expenses of revising the Consumer Price Index, together with not to exceed $41,569,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: *Provided,* That $7,366,000 shall remain available until September 30, 1989. Departmental Management salaries and expenses For necessary expenses for Departmental Management, including the hire of 5 sedans, and including $2,434,000 for the President’s Committee on Employment of the Handicapped, $114,929,000, together with not to exceed $274,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. assistant secretary for veterans employment and training Not to exceed $139,614,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 2001–08 and 2021–26. 101 STAT. 1329–263 office of the inspector general For salaries and expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $37,051,000, together with not to exceed $6,201,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. General Provisions Sec. 101. Appropriations in this Act available for salaries and expenses shall be available for supplies, services, and rental of conference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes. Sec. 102. None of the funds appropriated under this Act shall be used to grant variances, interim orders or letters of clarification to employers which will allow exposure of workers to chemicals or other workplace hazards in excess of existing Occupational Safety and Health Administration standards for the purpose of conducting experiments on workers health or safety. Sec. 103. None of the funds appropriated in this Act shall be obligated or expended for the purpose of closing any Job Corps Center operating under part B of title IV of the Job Training Partnership Act prior to January 1, 1989. Sec. 104. Notwithstanding any other provision of this Act, no funds appropriated by this Act may be used to execute or carry out any contract with a non-governmental entity to administer or manage a Civilian Conservation Center of the Job Corps which was not under such a contract as of September 1,1984. Sec. 105. None of the funds appropriated in this Act shall be used by the Job Corps program to pay the expenses of legal counsel or representation in any criminal case or proceeding for a Job Corps participant, unless certified to and approved by the Secretary of Labor that a public defender is not available. This title may be cited as the “Department of Labor Appropriations Act, 1988”. TITLE II— DEPARTMENT OF HEALTH AND HUMAN SERVICESDepartment of Health and Human Services Appropriations Act, 1988. Health Resources and Services Administration health resources and services For carrying out titles III, VI, VII, VIII, X, XVI, and XXIII of the Public Health Service Act, section 427(a) of the Federal Coal Mine Health and Safety Act, title V of the Social Security Act, and the Stewart B. McKinney Homeless Assistance Act, $1,551,478,000, of which not to exceed $718,000 to remain available until expended, shall be available for renovating the Gillis W. Long Hansen's Disease Center, 42 U.S.C. 247e, and of which $96,000 shall remain available until expended for interest subsidies on loan guarantees made prior to fiscal year 1981 under part B of title VII of the Public Health Service Act, and of which $6,702,000 shall be made available until expended to make grants under section 1610(b) of the Public Health Service Act for renovation or construction of non-acute care 101 STAT. 1329–264intermediate and long term care facilities for AIDS patients: *Provided,* That grants made under the Excellence in Minority Health Education and Care Act shall be awarded competitively and, notwithstanding section 788A, any university which awards a graduate degree in the health professions and which has a majority enrollment of minority students shall be eligible to apply and compete for a grant: *Provided further,* That the total principal amount of Federal loan insurance available under section 728 of the Public Health Service Act during fiscal year 1988 shall be granted by the Secretary of Health and Human Services without regard to any apportionment or other similar limitation: *Provided further,* That when the Department of Health and Human Services administers or operates an employee health program for any Federal department or agency, payment for the full estimated cost shall be made by way of reimbursement or in advances to this appropriation. For carrying out subpart 2 of part A of title XIX of the Public Health Service Act, $4,787,000 to be available June 1,1988. medical facilities guarantee and loan fund federal interest subsidies for medical facilities For carrying out subsections
(d)and
(e)of section 1602 of the Public Health Service Act, $22,000,000, together with any amounts received by the Secretary in connection with loans and loan guarantees under title VI of the Public Health Service Act, to be available without fiscal year limitation for the payment of interest subsidies. During the fiscal year, no commitments for direct loans or loan guarantees shall be made. Centers for Disease Control disease control, research, and training To carry out titles III, XVII, and XIX and section 1102 of the Public Health Service Act, sections 101, 102,103, 201, 202, and 203 of the Federal Mine Safety and Health Act of 1977, and sections 20, 21, and 22 of the Occupational Safety and Health Act of 1970; including insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft, $771,772,000, of which $1,915,000 shall remain available until expended for equipment and construction and renovation of facilities: *Provided,* That training shall be made subject to reimbursement or advances to this appropriation for not in excess of the full cost of such training: *Provided further,* That funds appropriated under this heading shall be available for payment of the costs of medical care, related expenses, and burial expenses hereafter incurred by or on behalf of any person who had participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health and Human Services and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person’s wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person: *Provided further,* That collections from user fees, including collections from training and reimbursements and advances for the full cost of proficiency testing of private clinical laboratories, may be credited to this appropriation: 101 STAT. 1329–265*Provided further,* That the General Services Administration is directed to construct under their lease purchase authority, a 100,000 net sq. ft. office building at the CDC Clifton Road site in Atlanta, Georgia and the laboratory facility in Chamblee, Georgia, designed with the funds which Congress provided to the Centers for Disease Control in the fiscal year 1987 Department of Labor, Health and Human Services, and Education, and Related Agencies Appropriation. CDC is to reimburse GSA for the annual lease payment: *Provided further,* That employees of the Public Health Service, both civilian and Commissioned Officer, detailed to States or municipalities as assignees under authority of section 214 of the PHS Act in the instance where in excess of 50 percent of salaries and benefits of the assignee is paid directly or indirectly by the State or municipality shall be treated as non-Federal employees for reporting purposes only. In addition, the full-time equivalents for organizations within the Department of Health and Human Services shall not be reduced to accommodate implementation of this provision: *Provided further,* [42 USC 247c note](/us/usc/t42/s247c).That the Director shall cause to be distributed without necessary clearance of the content by any official, organization or office, an AIDS mailer to every American household by June 30, 1988, as approved and funded by the Congress in Public Law 100–71. National Institutes of Health national cancer institute For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $1,469,327,000. national heart, lung, and blood institute For carrying out section 301, title IV, and section 1105 of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $965,536,000. national institute of dental research For carrying out section 301 and title IV of the Public Health Service Act with respect to dental diseases, $126,297,000. national institute of diabetes, and digestive and kidney diseases For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney diseases, $534,733,000. national institute of neurological and communicative disorders and stroke For carrying out section 301 and title IV of the Public Health Service Act with respect to neurological and communicative disorders and stroke, $534,692,000. national institute of allergy and infectious diseases For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $638,800,000. 101 STAT. 1329–266 national institute of general medical sciences For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $632,676,000. national institute of child health and human development For carrying out section 301 and title IV of the Public Health Service Act with respect to child health and human development, $396,811,000. national eye institute For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $224,947,000. national institute of environmental health sciences For carrying out sections 301 and 311, and title IV of the Public Health Service Act with respect to environmental health sciences, $215,666,000. national institute on aging For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $194,746,000. national institute of arthritis and musculoskeletal and skin diseases For carrying out section 301 and title IV of the Public Health Service Act with respect to arthritis, and musculoskeletal and skin diseases, $147,679,000. research resources For carrying out section 301 and title IV of the Public Health Service Act with respect to research resources and general research support grants, $368,153,000, of which $23,935,000 shall remain available until expended to provide for the repair, renovation, modernization, and expansion of existing facilities and purchase of associated equipment, and to make grants and enter into contracts for such purposes. *Provided,* That none of these funds, with the exception of funds for the Minority Biomedical Research Support program, shall be used to pay recipients of the general research support grants program any amount for indirect expenses in connection with such grants. national center for nursing research For carrying out section 301 and title IV of the Public Health Service Act with respect to nursing research, $23,380,000. john e. fogarty international center For carrying out the activities at the John E. Fogarty International Center, $15,651,000, of which $1,852,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory. 101 STAT. 1329–267 national library of medicine For carrying out section 301 and title IV of the Public Health Service Act with respect to health information communications, $67,910,000. office of the director For carrying out the responsibilities of the Office of the Director, National Institutes of Health, $61,819,000, including purchase of not to exceed six passenger motor vehicles for replacement only. buildings and facilities For construction of, and acquisition of sites and equipment for, facilities of or used by the National Institutes of Health, $47,870,000, to remain available until expended. Alcohol, Drug Abuse, and Mental Health Administration alcohol, drug abuse, and mental health For carrying out the Public Health Service Act with respect to mental health, drug abuse, alcohol abuse, and alcoholism and the Protection and Advocacy for Mentally Ill Individuals Act of 1986, $1,373,727,000 of which $4,787,000 shall be available, on a pro rata basis, for grants to the States for State comprehensive mental health services plans pursuant to title V of Public Law 99–660 (100 Stat. 3794–3797), and of which $191,000 for renovation of government owned or leased intramural research facilities shall remain available until expended. federal subsidy for saint elizabeths hospital (including transfer of funds) To carry out the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, $62,793,000, together with any unobligated balances from “Saint Elizabeths Hospital, Construction and Renovation” (except those balances determined by the Secretary of Health and Human Services to be necessary to carry out existing Federal renovation contracts), all of which shall be available in fiscal year 1988 for payments to the District of Columbia as authorized by sections 2, 4, and 9 of the Act; and in addition, $2,609,000 which shall be available through September 30, 1989 for Federal activities authorized by sections 6 and 9 of the Act: *Provided,* That funds appropriated under this heading may be used for multi-year contracts with the District of Columbia for maintenance of Saint Elizabeths Hospital: *Provided further,* That any amounts determined by the Secretary of Health and Human Services to be in excess of the amounts requested and estimated to be necessary to carry out sections 6 and 9(f)(2) of the Act shall be returned to the Treasury. [24 USC 170a](/us/usc/t24/s170a).In fiscal year 1988 the maximum amount available to Saint Elizabeths Hospital from Federal sources shall not exceed the total of the following amounts: the appropriations made under this heading, amounts billed to Federal agencies and entities by the District of Columbia for services provided at Saint Elizabeths Hospital, and amounts authorized by titles XVIII and XIX of the Social Security 101 STAT. 1329–268Act. This maximum amount shall not include Federal funds appropriated to the District of Columbia under “Federal Payment to the District of Columbia” and payments made pursuant to section 9(c) of Law 98–621. Amounts chargeable to and available from[24 USC 168b](/us/usc/t24/s168b). Federal sources for inpatient and outpatient services provided through Saint Elizabeths Hospital as authorized by 24 U.S.C. 191, 196, 211, 212, 222, 253, and 324; 31 U.S.C. 1535; and 42 U.S.C. 249 and 251 shall not exceed the estimated total cost of such services as computed using only the proportionate amount of the direct Federal subsidy appropriated under this heading. Office of Assistant Secretary for Health public health service management For the expenses necessary for the Office of the Assistant Secretary for Health and for carrying out titles III, XVII, and XX of the Public Health Service Act, $106,737,000, together with not to exceed $1,005,000 to be transferred and expended as authorized by section 201(g) of the Social Security Act from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds referred to therein and $1,915,000 to be transferred and expended for patient outcome assessment research as authorized by section 9316 of Public Law 99–509, of which $1,245,000 will come from the Federal Hospital Insurance Trust Fund and $670,000 will come from the Federal Supplementary Medical Insurance Trust Fund, and, in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements and the sale of data tapes shall be credited to this appropriation and shall remain available until expended: *Provided,* That in addition to amounts provided herein, up to $15,318,000 shall be available from amounts available under section 2313 of the Public Health Service Act, to carry out the National Medical Expenditure Survey and $5,827,000 shall be available from amounts available under section 2313 of the Public Health Service Act, to carry out the National Health and Nutrition Examination Survey. retirement pay and medical benefits for commissioned officers For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, and for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan and for medical care of dependents and retired personnel under the Dependents’ Medical Care Act (10 U.S.C. ch. 55), such amounts as may be required during the current fiscal year. Health Care Financing Administration grants to states for medicaid For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $22,946,000,000, to remain available until expended. For making, after May 31, 1988, payments to States under title XIX of the Social Security Act for the last quarter of fiscal year 1988 for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. 101 STAT. 1329–269 Payment under title XIX may be made for any quarter beginning after June 30, 1987, and before October 1, 1988, with respect to any State plan or plan amendment in effect during any such quarter, if submitted in, or prior to such quarter and approved in that or any such subsequent quarter. For making payments to States under title XIX of the Social Security Act for the first quarter of fiscal year 1989, $8,000,000,000, to remain available until expended. payments to health care trust funds For payment to the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, and section 278(d) of Public Law 97–248, $25,893,000,000. program management For carrying out, except as otherwise provided, titles XI, XVIII, and XIX of the Social Security Act, $98,211,000, together with not to exceed $1,373,585,000 to be transferred to this appropriation as authorized by section 201(g) of the Social Security Act, from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds referred to therein: *Provided,* That $105,314,000 of said trust funds shall be expended only to the extent necessary to process workloads not anticipated in the budget estimates, including the cost of administration of catastrophic health insurance if enacted into law, and to meet unanticipated costs of agencies or organizations with which agreements have been made to participate in the administration of title XVIII and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: *Provided further,* That all funds derived in accordance with 31 U.S.C 9701, are to be credited to this appropriation. Social Security Administration payments to social security trust funds For payment to the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds, as provided under sections 201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security Act and section 152 of Law 98–21, $105,298,000. special benefits for disabled coal miners For carrying out title IV of the Federal Mine Safety and Health Act of 1977, including the payment of travel expenses on an actual cost or commuted basis, to an individual, for travel incident to medical examinations, and when travel of more than 75 miles is required, to parties, their representatives, and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $663,452,000, to remain available until expended: *Provided,* That monthly benefit payments shall be paid consistent with section 215(g) of the Social Security Act. For making, after July 31, of the current fiscal year benefit payments to individuals under title IV of the Federal Mine Safety 101 STAT. 1329–270and Health Act of 1977, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV of the Federal Mine Safety and Health Act of 1977 for the first quarter of fiscal year 1989, $250,000,000, to remain available until expended. supplemental security income program For carrying out the Supplemental Security Income Program, section 401 of Public Law 92–603, section 212 of Public Law 93–66, as amended, and section 405 of Public Law 95–216, including payment to the social security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $9,535,384,000, to remain available until expended: *Provided,* That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury. For making, after July 31 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For carrying out the Supplemental Security Income Program for the first quarter of fiscal year 1989, $3,000,000,000, to remain available until expended. limitation on administrative expenses For necessary expenses, not more than $3,524,114,000, may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: *Provided,* That travel expense payments under section 1631(h) of[42 USC 1383 note](/us/usc/t42/s1383). such Act for travel to hearings may be made only when travel of more than seventy-five miles is required: *Provided further,* That $47,870,000 of the foregoing amount shall be apportioned for use only to the extent necessary to process workloads not anticipated in the budget estimates, for automation projects and their impact on the work force, and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles XVI and XVIII and section 221 of the Social Security Act, and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: *Provided further,* That not to exceed $53,040,000 for automatic data processing and telecommunications activities shall remain available until expended: *Provided further,* That none of the funds appropriated by this Act may be used for the manufacture, printing, or procuring of social security cards, as provided in section 205(c)(2)(D) of the Social Security Act, where paper and other materials used in the manufacture of such cards are produced, manufactured, or assembled outside of the United States. Family Support Administration family support payments to states For making payments to States or other non-Federal entities, except as otherwise provided, under titles I, IV–A andD, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C., ch. 9), $8,644,385,000, to remain available until expended. 101 STAT. 1329–271 For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV–A andD, X, XIV, and XVI of the Social Security Act, for the last three months of the current year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. For making payments to States or other non-Federal entities under titles I, IV–A and -D, X, XI, XIV, and XVI of the Social Security Act, and the Act of July 5, 1960 (24 U.S.C., ch. 9) for the first quarter of fiscal year 1989, $2,500,000,000, to remain available until expended. low income home energy assistance For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $1,531,840,000. refugee and entrant assistance For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96–422), $346,933,000. work incentives For carrying out a work incentive program, as authorized by part C of title IV of the Social Security Act, including registration of individuals for such programs, and for related child care and other supportive services, as authorized by section 402(a)(19XG) of the Act, including transfer to the Secretary of Labor, as authorized by section 431 of the Act, $92,551,000 which shall be the maximum amount available for transfer to the Secretary of Labor and to which the States may become entitled pursuant to section 403(d) of such Act, for these purposes. community services block grant For making payments under the Community Services Block Grant Act, section 408 of Public Law 99–425 and the Stewart B. McKinney Homeless Assistance Act, $382,290,000 of which $18,909,000 shall be for carrying out section 681(a)(2)(A), $3,925,000 shall be for carrying out section 681(a)(2)(D), $2,968,000 shall be for carrying out section 681(a)(2)(E), $6,319,000 shall be for carrying out section 681(a)(2)(F), $239,000 shall be for carrying out section 681(a)(3), $2,872,000 shall be for carrying out section 408 of Public Law 99–425 and $2,394,000 shall be for carpring out section 681A with respect to the community food and nutrition program. program administration For necessary administrative expenses to carry out titles I, IV, X, XI, XIV, and XVI of the Social Security Act, the Act of July 5, 1960 (24 U.S.C., ch. 9), title XXVI of the Omnibus Budget Reconciliation Act of 1981, the Community Services Block Grant Act, the Stewart B. McKinney Homeless Assistance Act, title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, $79,464,000. 101 STAT. 1329–272 Assistant Secretary for Human Development Services social services block grant For carrying out the Social Services Block Grant Act, $2,700,000,000. human development services For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Older Americans Act of 1965, the Developmental Disabilities Assistance and Bill of Rights Act, the Child Abuse Prevention and Treatment Act, section 404 of Law 98–473, the Family Violence Prevention and Services Act (title III of Law 98–457), the Native Americans Programs Act, title II of Public Law 95–266 (adoption opportunities), title II of the Children’s Justice and Assistance Act of 1986, chapter 8–D of title VI of the Omnibus Budget Reconciliation Act of 1981 (pertaining to grants to States for planning and development of dependent care programs), the Head Start Act, the Child Development Associate Scholarship Assistance Act of 1985, and part B of title IV and section 1110 of the Social Security Act, $2,455,532,000. family social services For carrying out part E of title IV of the Social Security Act, $811,178,000. Departmental Management general departmental management For necessary expenses, not otherwise provided, for general departmental management, including hire of six medium sedans, $67,840,000, together with not to exceed $6,702,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein, of which $4,308,000 shall be for construction and fixed equipment for the Mary Babb Randolph Center in West Virginia. office of the inspector general For expenses necessary for the Office of the Inspector General, $35,769,000, together with not to exceed $38,296,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. office for civil rights For expenses necessary for the Office for Civil Rights, $16,343,000, together with not to exceed $3,830,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. policy research For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $4,873,000. 101 STAT. 1329–273 GENERAL PROVISIONS Sec. 201. None of the funds appropriated by this title for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any State which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees. Sec. 202. None of the funds made available by this Act for the National Institutes of Health may be used to provide forward funding or multiyear funding of research project grants except in those cases where the Director of the National Institutes of Health has determined that such funding is specifically required because of the scientific requirements of a particular research project grant. Sec. 203. Appropriations in this Act for the Health Resources and Services Administration, the National Institutes of Health, the Centers for Disease Control, the Alcohol, Drug Abuse, and Mental Health Administration, the Office of the Assistant Secretary for Health, the Health Care Financing Administration, and Departmental Management shall be available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for not to exceed two thousand four hundred commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence expenses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific activities of the Department pursuant to law; expenses of primary and secondary schooling of dependents in foreign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such dependents, between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; expenses for medical care for civilian and commissioned employees of the Public Health Service and their dependents, assigned abroad on a permanent basis in accordance with such regulations as the Secretary may provide; rental or lease of living quarters (for periods not exceeding five years), and provision of heat, fuel, and light and maintenance, improvement, and repair of such quarters, and advance payments therefor, for civilian officers, and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Public Health Service Act, at rates established by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per diem rate equivalent to the rate for GS–18; not to exceed $9,500 for official reception and representation 101 STAT. 1329–274expenses related to any health agency of the Department when specifically approved by the Assistant Secretary for Health. Sec. 204. None of the funds contained in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. Sec. 205. Funds advanced to the National Institutes of Health Management Fund from appropriations in this Act shall be available for the expenses of sharing medical care facilities and resources pursuant to section 327A of the Public Health Service Act. Sec. 206. Funds appropriated in this title for the Social Security Administration shall be available for not to exceed $10,000 for official reception and representation expenses when specifically approved by the Commissioner of Social Security. Sec. 207. Funds appropriated in this title for the Health Care Financing Administration shall be available for not to exceed $2,000 for official reception and representation expenses when specifically approved by the Administrator of the Health Care Financing Administration. Sec. 208. No funds appropriated for the fiscal year ending[42 USC 210 note](/us/usc/t42/s210). September 30, 1988, by this or any other Act, may be used to pay basic pay, special pays, basic allowances for subsistence and basic allowances for quarters of the commissioned corps of the Public Health Service described in section 204 of title 42, United States Code, at a level that exceeds 110 percent of the Executive Level I annual rate of basic pay: *Provided,* That amounts received from employees of the Department in payment for room and board may be credited to the appropriation accounts “Health Resources and Services”, National Institutes of Health “Office of the Director”, “Disease Control, Research, and Training”, and “Federal Subsidy for Saint Elizabeths Hospital”: *Provided further,* That none of the funds made available by this Act shall be used to provide special retention pay (bonuses) under paragraph
(4)of 37 U.S.C. 302(a) to any regular or reserve medical officer of the Public Health Service for any period during which the officer is assigned to the clinical, research, or staff associate program administered by the National Institutes of Health. Sec. 209. None of the funds appropriated in this title shall be used to transfer the general administration of programs authorized under the Native American Programs Act from the Department of Health and Human Services to the Department of the Interior. Sec. 210. Funds provided in this Act may be used for one-yearContracts. contracts which are to be performed in two fiscal years, so long as the total amount for such contracts is obligated in the year for which the funds are appropriated. Sec. 211. The Secretary shall make available through assignment not more than 50 employees of the Public Health Service, who shall be exempt from all PTE limitations in the Department, to assist in child survival activities through and with funds provided by the Agency for International Development, the United Nations International Children’s Emergency Fund or the World Health Organization. In addition, commissioned officers assigned under this section shall be exempt from all limitations on the number and grade of officers in the Public Health Service Commissioned Corps. Sec. 212. Funds appropriated by this Act may be used to pay physicians’ comparability allowances, as authorized under 5 U.S.C. 5948. 101 STAT. 1329–275 Sec. 213. For the purpose of insuring proper management of federally supported computer systems and data bases, funds appropriated by this Act are available for the purchase of dedicated telephone service between the private residences of employees assigned to computer centers funded under this Act, and the computer centers to which such employees are assigned. Sec. 214. The Secretary of Health and Human Services shall:
(1)Reports.Issue a report to Congress within 90 days of the close of fiscal year 1988, of violations occurring during such year, of Department of Health and Human Services travel policy.1414 Copy read “travel policy; and”.
(2)Require that personnel found by the report to be in violation of Department travel policy, shall reimburse the Department for funds spent in violation of Department policy. Sec. 215. [42 USC 286](/us/usc/t42/s286).Section 465(B) of 42 U.S.C. 286 is amended by inserting between
(5)and
(6)an additional charge to the Secretary to “publicize the availability of the above products and services of the National Library of Medicine”. Sec. 216. Funds available in this title for activities related to acquired immune deficiency syndrome
(AIDS)may be transferred between appropriation accounts upon the approval by the House and Senate Committees on Appropriations of a transfer request submitted by the Secretary of Health and Human Services. This title may be cited as the “Department of Health and Human Services Appropriations Act, 1988”. TITLE III— DEPARTMENT OF EDUCATIONDepartment of Education Appropriations Act, 1988. compensatory education for the disadvantaged For carrying out chapter 1 of the Education Consolidation and Improvement Act of 1981, as amended, $4,327,927,000, of which $7,181,000 shall be used for purposes of section 555(d) of said Act to provide technical assistance and evaluate programs, and the remaining $4,320,746,000 shall become available on July 1, 1988, and remain available until September 30, 1989: *Provided,* That of these remaining funds, no funds shall be used for purposes of section 554(a)(1)(B), $269,029,000 shall be available for purposes of section 554(a)(2)(A), $151,269,000 shall be available for purposes of section 554(a)(2)(B), $32,552,000 shall be available for purposes of section 554(a)(2)(C) and $38,296,000 shall be available for purposes of section 554(b)(1)(D). For carrying out section 418A of the Higher Education Act, $8,616,000. impact aid For carrying out title I of the Act of September 30, 1950, as amended (20 U.S.C. ch. 13), $685,498,000, of which $15,318,000 shall be for entitlements under section 2 of said Act and $670,180,000 shall be for entitlements under section 3 of said Act of which $536,144,000 shall be for entitlements under section 3(a) of said Act: *Provided,* That payment with respect to entitlements under section 3(b) of said Act to any local educational agency in which 20 per centum or more of the total average daily attendance is made up of children determined eligible under section 3(b) shall be at 60 per centum of entitlement and payment with respect to entitlements 101 STAT. 1329–276under section 3(b) of said Act to any local educational agency in which less than 20 per centum of the total average daily attendance is made up of children determined eligible under section 3(b) shall be ratably reduced from 100 per centum of entitlement: *Provided further,* That payments with respect to entitlements under section 3(a) to any local educational agency described in section 3(d)(1)(A) of said Act shall be at 100 per centum of entitlement, except that payments on behalf of children who reside on property which is described in section 403(1)(C) shall be at 15 per centum of entitlement, so long as the fiscal year 1988 per pupil payment does not exceed 105 per centum of the fiscal year 1987 per pupil payment: *Provided further,* That payment with respect to entitlements under section 3(a) to any local educational agency whose children determined eligible under section 3(a) amount to at least 15 per centum but less than 20 per centum of such agency’s total average daily attendance shall be at 75 per centum of entitlement, except that payments on behalf of children who reside on property which is described in section 403(1)(C) shall be at 11.25 per centum of entitlement and the fiscal year 1988 local contribution rate for such agency shall not exceed 105 per centum of such agency’s fiscal year 1987 local contribution rate: *Provided further,* That payment with respect to entitlements under section 3(a) to any local educational agency whose children determined eligible under section 3(a) amount to less than 15 per centum of such agency’s total average daily attendance shall be ratably reduced from 100 per centum of entitlement, except that payments on behalf of children who reside on property which is described in section 403(1)(C) of said Act shall be ratably reduced from 15 per centum of entitlement: *Provided further,* That the provisions of section 5(c) of said Act shall not apply to funds provided herein: *Provided further,* That payments with respect to entitlements under section 3(a) for any local educational agency that is described in section 3(d)(1)(A) and is coterminous with a military installation are not subject to limitations on increases in per pupil payments unless such agency’s State aid payment is reduced as a result of its section 3 payment: *Provided further,* That the Secretary shall consider as timely filed requests for assistance filed after the applicable deadline and related to applications for assistance submitted under section 7 of said Act or section 16 of the Act of September 23, 1950, stemming from FEMA Disaster Number 753DR as declared on November 7, 1985: *Provided further,* That any payment made to a local educational agency for fiscal years prior to 1986 that is attributable to an incorrect determination under section 2(a)(1)(C) of such Act shall be deemed to have been made in accordance with such section, and any payment made to a local educational agency under section 3, for fiscal years prior to 1987, on behalf of children claimed by such agency for any such fiscal year who resided on or whose parents were employed on property that was housing assisted under section 8 of the United States Housing Act of 1937, as amended, shall stand, and such payments withheld or recovered shall be made or restored. For carrying out the Act of September 23, 1950, as amended (20 U.S.C. ch. 19), $22,978,000 which shall remain available until expended, shall be for providing school facilities as authorized by said Act, of which $8,617,000 shall be for awards under section 10 of said Act, $10,053,000 shall be for awards under sections 14(a) and 14(b) of said Act, and $4,308,000 shall be for awards under sections 5, 9 and 14(c) of said Act: *Provided further,* That funds appropriated under 101 STAT. 1329–277the heading “School Assistance in Federally Affected Areas” in Law 98–8 that are available for obligation shall be available until expended for the purposes of sections 14(a) and 14(b). special programs For carrying out the consolidated programs and projects authorized under chapter 2 of the Education Consolidation and Improvement Act of 1981, as amended, $508,439,000, of which $29,739,000 shall be for programs and projects authorized under subchapter D of said Act, including $10,244,000 for programs and projects authorized under subsection 583(a)(1) of said Act; $4,308,000 shall be used for awards, which, except for educational television programming, are not to exceed a cumulative amount of $957,000 to any recipient for national impact demonstration or research projects; $7,659,000 for activities authorized under subsection 583(b)(D of said Act; $3,315,000 for programs authorized under subsection 583(b)(2) of said Act; and $3,830,000 for activities authorized under subsection 583(b)(4) of said Act; and $383,000 for national school volunteer programs: *Provided,* That $478,700,000 to carry out the State block grant program authorized under chapter 2 of said Act shall become available for obligation on July 1,1988, and shall remain available until September 30, 1989. For grants to State educational agencies and desegregation assistance centers authorized under section 403 of the Civil Rights Act of 1964, $23,456,000. For carrying out activities authorized under title IX, part C of the Elementary and Secondary Education Act, $3,351,000. For carrying out activities authorized under section 1524 of the Education Amendments of 1978, $4,787,000. For carrying out activities authorized under section 1525 of the Education Amendments of 1978, $1,915,000. For carrying out activities authorized under Public Law 92–506, as amended, $2,394,000: *Provided,* That said sum shall become available on July 1, 1988, and shall remain available until September 30, 1989. For carrying out activities authorized under the Drug-Free Schools and Communities Act of 1986, $229,776,000, of which $191,480,000 for grants to States and outlying areas shall be available beginning July 1, 1988, and shall remain available until September 30, 1989: *Provided,* That State educational agencies allot fiscal year 1988 funds to local and intermediate educational agencies and consortia under section 4124(a) of the Act on the basis of their relative enrollments in public and private nonprofit schools. For carrying out the provisions of title VII of the Education for Economic Security Act, relating to magnet schools assistance, $71,805,000: *Provided,* That not more than $4,000,000 in the fiscal year may be paid to any single eligible local educational agency. For carrying out the provisions of title II of the Education for Economic Security Act, $119,675,000 of which $108,904,000, for grants to States and outlying areas under section 204 shall become available on July 1, 1988, and shall remain available until September 30, 1989. For carrying out the provisions of subpart 2 of part C of title V of the Higher Education Act, $8,222,000, to become available July 1, 1988, and to remain available until September 30, 1989. 101 STAT. 1329–278 For carrying out the provisions of subpart 2 of part D of title V of the Higher Education Act, $1,915,000. For carrying out the provisions of subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act, $4,787,000 to become available July 1, 1988, and remain available through September 30, 1989. For carrying out activities authorized under the Follow Through Act, $7,133,000. For carrying out activities authorized under section 137(a) of this joint resolution relating to dropout prevention, $23,935,000. For carrying out activities authorized under section 137(b) of this joint resolution relating to workplace literacy, $9,574,000. For carrying out activities authorized under section 137(c) of this joint resolution relating to Star Schools, $19,148,000: *Provided,* That grants under the Star Schools program shall be awarded through a competitive grant process. bilingual education For carrying out, to the extent not otherwise provided, title VII of the Elementary and Secondary Education Act, Refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act, part B of title III of the Refugee Act of 1980, and title VI of the Education Amendments of 1984, $190,504,000, of which $101,198,000 shall be for part A, $9,928,000 shall be for part B, and $35,447,000 shall be for part C of title VII of the Elementary and Secondary Education Act and $28,722,000 shall be for the Emergency Immigrant Education Program authorized by title VI of the Education Amendments of 1984. Of the funds provided under this head in fiscal year 1987 in section 101(i) of Public Law 99–500 and 99–591, for carrying out title VII of the Elementary and Secondary Education Act, which are unobligated, $1,247,000 are reappropriated to carry out title VI of the Education Amendments of 1984 to be used to fund the amended application from the State of Texas for the Emergency Immigrant Education Program: *Provided,* That the reappropriated funds shall be available until September 30, 1988. education for the handicapped For carrying out the Education of the Handicapped Act, $1,869,019,000, of which $1,431,737,000 for section 611, $201,054,000 for section 619, and $67,018,000 for section 685 shall become available for obligation on July 1, 1988, and shall remain available until September 30, 1989: *Provided,* That notwithstanding section 621(e) of the Education of the Handicapped Act, up to $479,000 may be used for section 621(d) of that Act: *Provided further,* That the amount appropriated for section 685 of the Education of the Handicapped Act in Public Law 99–500 and 99–591, section 101(i), for fiscal year 1987 shall remain available for obligation by the States until September 30, 1989. rehabilitation services and handicapped research For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, as amended, $1,590,400,000, of which $1,379,500,000 shall be for allotments under sections 100(b)(1) and 110(b)(3) of the Rehabilita-101 STAT. 1329–279tion Act, $16,590,000 shall be for special demonstration programs under sections 311 (a), (b), and (c), and $4,800,000 shall be for the Helen Keller National Center: *Provided,* That $500,000 shall be available on a competitive basis for research and training for hearing loss assessments for native Hawaiian children under section 204 of such Act until September 30, 1989: *Provided further,* That the amount appropriated for title VI, part C of the Rehabilitation Act in Public Law 99–500 and 99–591, section 101(i), for fiscal year 1987 shall remain available for obligation by the States until September 30, 1989. vocational and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Vocational Education Act, and the Adult Education Act and the Stewart B. McKinney Homeless Assistance Act, $1,005,557,000 which shall become available for obligation on July 1, 1988, and shall remain available until September 30, 1989: *Provided,* That $25,658,000 shall be available for title IV of the Carl D. Perkins Vocational Education Act, of which $7,276,000 shall be for part A, including $5,744,000 for section 404, $14,792,000 shall be for part B, including $14,361,000 for section 411 and $3,590,000 shall be for part C of said title: *Provided further,* That $7,851,000 shall be available for State councils under section 112 of the Carl D. Perkins Vocational Education Act: *Provided further,* That $6,845,000 shall be made available to carry out title III–A and $32,791,000 shall be made available for title III–B of said Vocational Education Act: *Provided further,* That $3,734,000 shall be available for part E of title IV of the Carl D. Perkins Vocational Education Act: [20 USC 2332](/us/usc/t20/s2332).*Provided further,* That section 202 of the Carl D. Perkins Vocational Education Act is amended—
(1)by inserting
(a)after the section designation, and
(2)by adding at the end thereof the following new subsection: “(b) Funds provided for fiscal year 1988 and described in clause
(4)of subsection
(a)shall also be available for single pregnant women.”. student financial assistance For carrying out subparts 1, 2, and 3 of part A and parts C and E of title IV of the Higher Education Act, as amended, $5,544,792,000, which shall remain available until September 30, 1989: *Provided,* [20 USC 1070a note](/us/usc/t20/s1070a).That the maximum Pell grant that a student may receive in the 1988–1989 award year shall be $2,200. guaranteed student loans For necessary expenses under title IV, part B of the Higher Education Act, $2,565,000,000, to remain available until expended. higher education For carrying out title III of the Higher Education Act of 1965, as amended, $152,370,000, of which up to $19,148,000 for section 332 of part C of title III of said Act shall remain available until expended: *Provided,* That $73,161,500 of funds appropriated for title III of said Act shall be available only to historically black colleges and universities. 101 STAT. 1329–280 For carrying out subparts 4 and 6 of part A of title IV; part B and subpart 1 of part D of title V; titles VI and VIII, parts A, B, C, D, E, and F of title IX, notwithstanding section 971(g); part B and part D of title VII; subpart 1 of part B and parts A and C of title X; and sections 420A and 1204(c) of the Higher Education Act of 1965, as amended; title XIII, part H, subpart 1 of the Education Amendments of 1980, as amended; and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961; $367,884,000, of which $28,244,000 for parts B and D of title VII shall remain available until expended: *Provided,* That $7,659,000 provided herein for carrying out subpart 6 of part A of title IV shall be available notwithstanding sections 419G(b) and 4191(a) of the Higher Education Act of 1965 (20 U.S.C. 1070d–37(b) and 1070d–39(a)): *Provided further,* That $239,000 of the amount provided for part B of title IX shall be competitively awarded to a consortium of historically black colleges and doctoral degree-granting institutions to provide supplemental need-based financial aid to students and faculty from historically black colleges who are pursuing doctoral studies. For carrying out sections 772, 773, 775, and 776 of part G of title VII of the Higher Education Act, sections 1–5 of Public Law 99–608, and title III, section 303 of Law 98–480, $14,217,000 to remain available until expended. Of any funds appropriated in fiscal year 1988 for a grant to an appropriate consortium of institutions of higher education for carrying out part B of title VII of the Higher Education Act, the limitations contained in sections 702(a) and 721(a)(2) shall not apply. higher education facilities loans and insurance The Secretary is hereby authorized to make such expenditures, within the limits of funds available under this heading and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation, as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 9104), as may be necessary in carrying out the program set forth in the budget for the current fiscal year. For the fiscal year 1988, no new commitments for loans may be made from the fund established pursuant to title VII, section 733 of the Higher Education Act, as amended (20 U.S.C. 1132d–2). college construction loan insurance For carrying out part E of title VII of the Higher Education Act of 1965, as amended, $19,148,000 to be available until expended. college housing and academic facilities loans Pursuant to title VII, part F of the Higher Education Act, as amended, for necessary expenses of the college housing and academic facilities loans program, the Secretary shall make expenditures, contracts, and commitments without regard to fiscal year limitation using loan repayments and other resources available to this account: *Provided,* That during fiscal year 1988, gross commitments for the principal amount of direct loans shall be $62,231,000. Any unobligated balances remaining from fixed fees previously paid into this account pursuant to 12 U.S.C. 1749d, relating to payment of costs for inspections and site visits, shall be available for the operating expenses of this account. 101 STAT. 1329–281 [20 USC 1132g note](/us/usc/t20/s1132g).Whenever the Secretary, pursuant to sections 762(c) or 783 of the Act, sells, exchanges, or otherwise transfers on a discounted basis obligations or securities held by the Secretary under title VII, part F of the Act, the outstanding balance remaining on the notes of the Secretary issued to the Secretary of the Treasury under section 761(d) of the Act shall be reduced by the amount of the discount. For such transactions occurring prior to the fiscal year 1988, such reduction is effective on September 30, 1987. For such transactions occurring in fiscal year 1988 or thereafter, such reduction is to be effective on the last day of the fiscal year in which the discounted transaction occurs. education research and statistics For necessary expenses to carry out sections 405 and 406 of the General Education Provisions Act, as amended, $67,526,000, of which $13,390,000 shall be used for the Center for Education Statistics, as authorized under section 406 of the General Education Provisions Act, and $7,563,000 shall be for the National Assessment of Educational Progress, as authorized under section 405(e)(1) of the General Education Provisions Act: *Provided,* That $3,830,000 of the sums appropriated shall be used to continue a rural education program by the nine regional laboratories. libraries For carrying out, to the extent not otherwise provided, titles I, II, III, IV, and VI of the Library Services and Construction Act (20 U.S.C., ch. 16), and title II, parts B, C, and D of the Higher Education Act, notwithstanding the provisions of section 221, $135,089,000: *Provided,* That $22,595,000 of the sums appropriated shall be used to carry out the provisions of title II of the Library Services and Construction Act and shall remain available until expended. Special Institutions american printing house for the blind For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101–106), including provision of materials to adults undergoing rehabilitation on the same basis as provided in 1985, $5,266,000. national technical institute for the deaf For the National Technical Institute for the Deaf under titles II and IV of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $31,594,000, of which $191,000 shall be for the endowment program as authorized under section 408 and shall be available until expended: *Provided,* That none of the funds provided herein may be used to subsidize the tuition of foreign students. gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf and the partial support of Gallaudet University under titles I and IV of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), including continuing education activities, existing extension centers and the National Center for Law and 101 STAT. 1329–282the Deaf, $62,195,000, of which $957,000 shall be for the endowment program as authorized under section 407 and shall be available until expended. howard university For partial support of Howard University (20 U.S.C. 121 et seq.), $172,203,000. Departmental Management salaries and expenses For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $241,028,000. office for civil rights For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $40,530,000. office of the inspector general For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $17,560,000. General Provisions Sec. 301. None of the funds appropriated by this title for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any State which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner or their selection by the agencies of the said States, or the rates of pay of said officers or employees. Sec. 302. Funds appropriated in this Act to the American Printing House for the Blind, Howard University, the National Technical Institute for the Deaf, and Gallaudet University shall be subject to audit by the Secretary of Education. Sec. 303. No part of the funds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88–352, to take any action to force the busing of students; to force on account of race, creed or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent. Sec. 304.
(a)No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law Law 88–352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed or color the transfer of students to or from a 101 STAT. 1329–283particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district or school.
(b)No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. Sec. 305. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student’s home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools. Sec. 306. No funds appropriated under this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. This title may be cited as the “Department of Education Appropriations Act, 1988”. TITLE IV— RELATED AGENCIES Action operating expenses For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, $163,085,000. Corporation for Public Broadcasting public broadcasting fund For payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 1990, $232,648,000: *Provided,* That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: *Provided further,* That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex. 101 STAT. 1329–284 Federal Mediation and Conciliation Service salaries and expenses For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor-Management Relations Act, 1947 (29 U.S.C. 171–180, 182), including expenses of the Labor-Management Panel and boards of inquiry appointed by the President, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia; and for expenses necessary pursuant to Public Law 93–360 for mandatory mediation in health care industry negotiation disputes and for convening factfinding boards of inquiry appointed by the Director in the health care industry; and for expenses necessary for the Labor-Management Cooperation Act of 1978 (29 U.S.C. 125a); and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, Public Law 95–454 (5 U.S.C. chapter 71), $24,510,000. Federal Mine Safety and Health Review Commission salaries and expenses For expenses necessary for the Federal Mine Safety and Health Review Commission (30 U.S.C. 801 et seq.), $3,906,000. National Commission on Libraries and Information Science salaries and expenses For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91–345), $718,000. National Commission To Prevent Infant Mortality operating expenses Funds appropriated for operating expenses of the National Commission to Prevent Infant Mortality in the Supplemental Appropriations Act, 1987 (Public Law 100–71) shall remain available until expended. National Council on the Handicapped salaries and expenses For expenses necessary for the National Council on the Handicapped as authorized by section 405 of the Rehabilitation Act of 1973, as amended, $892,000. National Labor Relations Board salaries and expenses For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141–167), and other laws, $133,097,000: *Provided,* That no part of this appropriation shall be 101 STAT. 1329–285available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes. National Mediation Board salaries and expenses For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151–188), including emergency boards appointed by the President, $7,004,000. Occupational Safety and Health Review Commission salaries and expenses For the expenses necessary for the Occupational Safety and Health Review Commission (29 U.S.C. 661), $5,885,000. Physician Payment Review Commission salaries and expenses For expenses necessary to carry out section 1845(a) of the Social Security Act, $2,997,000, to be transferred to this appropriation from the Federal Supplementary Medical Insurance Trust Fund. Prospective Payment Assessment Commission salaries and expenses For expenses necessary to carry out section 601 of Law 98–21, $3,592,000, to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. Railroad Retirement Board dual benefits payments account For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $352,323,000, all of which shall be credited to the account in 12 approximately equal amounts on the first day of each month in the fiscal year. federal payments to the railroad retirement accounts For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for unnegotiated checks, $3,100,000, to remain available through Septem-101 STAT. 1329–286ber 30, 1989, which shall be the maximum amount available for payments pursuant to section 417 of Law 98–76. limitation on administration For necessary expenses for the Railroad Retirement Board, $57,860,000, to be derived from the railroad retirement accounts: *Provided,* That such portion of the foregoing amount as may be necessary shall be available for the payment of personnel compensation and benefits for not less than 1,254 full-time equivalent employees: *Provided further,* That $479,000 of the foregoing amount shall be available only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the existing limitation has been achieved. *Provided further,* That notwithstanding any other provision of law, no portion of this limitation shall be available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 228a–r): *Provided further,* That not to exceed $2.500,000 of funds provided under this head in Public Law 99–591 shall remain available until September 30, 1988, only for retirement claims processing automation activities. limitation on railroad unemployment insurance administration fund For further expenses necessary for the Railroad Retirement Board, for administration of the Railroad Unemployment Insurance Act, not less than $13,830,000 shall be apportioned for fiscal year 1988 from moneys credited to the railroad unemployment insurance administration fund: *Provided,* That such portion of the foregoing amount as may be necessary shall be available for the payment of personnel compensation and benefits for not less than 303 full-time equivalent employees. limitation on review activity For expenses necessary for the Railroad Retirement Board for audit, investigatory and review activities, as authorized by section 418 of Law 98–76, not more than $2,212,000 to be derived from the railroad retirement accounts and railroad unemployment insurance account. Soldiers’ and Airmen’s Home operation and maintenance For maintenance and operation of the United States Soldiers’ and Airmen’s Home, to be paid from the Soldiers' and Airmen’s Home permanent fund, $35,879,000: *Provided,* That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners and the Surgeon General of the Army. 101 STAT. 1329–287 capital outlay For construction and renovation of the physical plant, to be paid from the Soldiers’ and Airmen’s Home permanent fund, $15,445,000, to remain available until expended. United States Institute of Peace operating expenses For necessary expenses of the United States Institute of Peace as authorized in the United States Institute of Peace Act, $4,308,000. TITLE V— GENERAL PROVISIONS Sec. 501. Contracts.Public information.The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 502. No part of any appropriation contained in this Act shall be expended by any executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to any obligation for services by contract, unless such executive agency has awarded and entered into such contract in full compliance with such Act and regulations promulgated thereunder. Sec. 503. Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18. Sec. 504. Appropriations contained in this Act, available for salaries and expenses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902). Sec. 505. Appropriations contained in this Act, available for salaries and expenses, shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities. Sec. 506. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use oD force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution. Sec. 507. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: *Provided,* That such transferred balances 101 STAT. 1329–288are used for the same purpose, and for the same periods of time, for which they were originally appropriated. Sec. 508. No part of any appropriation contained in this Act shall remain available for obligation beyond the current Fiscal year unless expressly so provided herein. Sec. 509. No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress. Sec. 510. The Secretaries of Labor, Health and Human Services, and Education are each authorized to make available not to exceed $7,500 from funds available for salaries and expenses under titles I, II, and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from the funds available for “Salaries and expenses, Federal Mediation and Conciliation Service”; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for “Salaries and expenses, National Mediation Board”. Sec. 511. None of the funds appropriated by this Act shall be used to pay for any research program or project or any program, project, or course which is of an experimental nature, or any other activity involving human participants, which is determined by the Secretary or a court of competent jurisdiction to present a danger to the physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed consent of each participant or subject, or a participant's parents or legal guardian, if such participant or subject is under eighteen years of age. TheRegulations. Secretary shall adopt appropriate regulations respecting this section. Sec. 512.
(1)In the cases of all appropriations accounts withinPresident of U.S. this Act from which expenses for travel, transportation, and subsistence (including per diem allowances) are paid under chapter 57 of title 5, United States Code, there are hereby prohibited to be obligated under such accounts in fiscal year 1988 a uniform percentage of such amounts, as determined by the President in accordance with the provisions of paragraph (2), as, but for this subsection, would—
(A)be available for obligation in such accounts as of October 1,1987,
(B)be planned to be obligated for such expenses after such date during fiscal year 1988, and
(C)result in total outlays of $23,600,000 in fiscal year 1988.
(2)Before making determinations under paragraph (1), the President shall obtain from the Director of the Office of Management and Budget and the Comptroller General of the United States recommendations for determinations with respect to
(A)the identification of the accounts affected,
(B)the amount in each such account 101 STAT. 1329–289available as of such date for obligation,
(C)the amounts planned to be obligated for such expenses after such date in fiscal year 1988, and
(D)the uniform percentage by which such amounts need to be reduced in order to comply with paragraph (1).
(b)Reports.Within 30 days after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report specifying the determinations of the President under subsection (a).
(c)Sections 1341(a) and 1517 of title 31, United States Code, apply to each account for which a determination is made by the President under subsection (a). Sec. 513.
(a)Subject to subsection (b), none of the funds made available by this or any other Act may be used by the Secretary of Labor to withdraw approval of the California State occupational safety and health plan, or to exercise exclusive Federal safety and health authority in the State of California, under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq).
(b)The prohibition established in subsection
(a)shall apply until the California Supreme Court has rendered a final disposition in the case of Ixta v. Rinaldi (Case No. 3 Civil C 002805). Sec. 514.
(a)AIDS.Notwithstanding the matter under the heading “CENTERS FOR DISEASE CONTROL”, none of the funds made available under this Act to the Centers for Disease Control shall be used to provide AIDS education, information, or prevention materials and activities that promote or encourage, directly, homosexual sexual activities.
(c)Education, information, and prevention activities and materials paid for with funds appropriated under this Act shall emphasize—
(1)abstinence from sexual activity outside a sexually monogamous marriage (including abstinence from homosexual sexual activities) and
(2)abstinence from the use of illegal intravenous drugs.
(d)The homosexual activity referred to in subsections
(a)and
(b)includes any sexual activity between two or more males as described in section 2256(2)(A) of title 18, United States Code.
(e)The illegal drugs referred to in subsection
(b)include any controlled substance as defined in section 102(6) of the Controlled Substance Act (21 U.S.C. 802(6)).
(f)If the Secretary of Health and Human Services finds that a recipient of funds under this Act has failed to comply with this section, the Secretary shall notify the recipient, if the funds are paid directly to the recipient, or notify the State if the recipient receives the funds from the State, of such finding and that—
(1)no further funds shall be provided to the recipient;
(2)no further funds shall be provided to the State with respect to noncompliance by the individual recipient;
(3)further payment shall be limited to those recipients not participating in such noncompliance; and
(4)the recipient shall repay to the United States, amounts found not to have been expended in accordance with this section. Sec. 515. AIDS.In administering funds made available under this Act for research relating to the treatment of AIDS, the National Institutes of Health shall take all possible steps to ensure that all experimental drugs for the treatment of AIDS, particularly antivirals and immunomodulators, that have shown some effectiveness in treating individuals infected with the human immunodeficiency virus are 101 STAT. 1329–290tested in clinical trials as expeditiously as possible and with as many subjects as is scientifically acceptable. This Act may be cited as the “Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1988”.
(i)Such amounts as may be necessary for programs, projects or activities provided for in the Legislative Branch Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTLegislative Branch Appropriations Act. 1988. Making appropriations for the Legislative Branch for the fiscal year ending September 30, 1988, and for other purposes. TITLE I— CONGRESSIONAL OPERATIONSCongressional Operations Appropriations Act, 1988. SENATE Mileage of the Vice President and Senators For mileage of the Vice President and Senators of the United States, $60,000. expense allowances of the vice president, the president[20 USC 60a note](/us/usc/t20/s60a). pro tempore, majority and minority leaders, majority and minority whips, and chairmen of the majority and minority conference committees For expense allowances of the Vice President, $10,000; the President Pro Tempore of the Senate, $10,000; Majority Leader of the Senate, $10,000; Minority Leader of the Senate, $10,000; Majority Whip of the Senate, $5,000; Minority Whip of the Senate, $5,000; and Chairmen of the Majority and Minority Conference Committees, $3,000 for each Chairman; in all, $56,000. representation allowances for the majority and minority leaders For representation allowances of the Majority and Minority Leaders of the Senate, $10,000 for each such Leader, in all $20,000. Salaries, Officers and Employees For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions, $196,196,700 which shall be paid from this appropriation without regard to the below limitations, as follows: office of the vice president For the Office of the Vice President, $1,145,000. office of the president pro tempore For Office of the President Pro Tempore, $153,000. 101 STAT. 1329–291 office of the deputy president pro tempore For the Office of the Deputy President Pro Tempore, $90,000. offices of the majority and minority leaders For Offices of the Majority and Minority Leaders, $1,388,000. offices of the majority and minority whips For Offices of the Majority and Minority Whips, $431,000. conference committees For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $556,500 for each such committee; in all, $1,113,000. offices of the secretaries of the conference of the majority and the conference of the minority For Offices of the Secretaries of the Conference of the Minority and the Conference of the Minority, $270,000. office of the chaplain For Office of the Chaplain, $115,000. office of the secretary For Office of the Secretary, $8,005,000. administrative, clerical, and legislative assistance to senators For administrative, clerical, and legislative assistance to Senators, $109,605,500. office of the sergeant at arms and doorkeeper For Office of the Sergeant at Arms and Doorkeeper, $44,161,000. offices of the secretaries for the majority and minority For Offices of the Secretary for the Minority and the Secretary for the Minority, $918,000. agency contributions For agency contributions for employee benefits, as authorized by law, $28,802,200. Office of the Legislative Counsel of the Senate For salaries and expenses of the Office of the Legislative Counsel of the Senate, $1,764,000: *Provided,* That the amounts appropriated to the Office of the Legislative Counsel of the Senate for fiscal year 1987 shall remain available until September 30,1988. 101 STAT. 1329–292 Office of Senate Legal Counsel For salaries and expenses of the Office of Senate Legal Counsel, $633,000. Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate For expense allowances of the Secretary of the Senate, $3,000; Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary for the Majority of the Senate, $3,000; Secretary for the Minority of the Senate, $3,000; in all, $12,000. Contingent Expenses of the Senate senate policy committees For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $1,101,500 for each such committee; in all, $2,203,000. inquiries and investigations For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth Congress, as amended, section 112 of Public Law 96–304 and Senate Resolution 281, agreed to March 11, 1980, $57,161,000. expenses of united states senate caucus on international narcotics control For expenses of the United States Senate Caucus on International Narcotics Control, as authorized by section 814 of the Foreign Relations Authorization Act passed by the Senate on July 31, 1985, $325,000. secretary of the senate For expenses of the Office of the Secretary of the Senate, $666,300. sergeant at arms and doorkeeper of the senate For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $68,021,000: *Provided,* That of the amounts appropriated under this head in the Legislative Branch Appropriations Act, 1986 (Public Law 99–151), $2,250,000 shall remain available until September 30,1988. miscellaneous items For miscellaneous items, $10,183,000: *Provided,* That, from funds [2 USC 61g–8](/us/usc/t2/s61g–8). appropriated to the Conference of the Majority and from funds appropriated to the Conference of the Minority for any fiscal year, such Conference may utilize such amounts as it deems appropriate for the specialized training of professional staff, subject to such limitations, insofar as they are applicable, as are imposed by the Committee on Rules and Administration with respect to such training when provided to professional staff of standing committees of the Senate. 101 STAT. 1329–293 stationery (revolving fund) For stationery for the President of the Senate, $4,500, for officers of the Senate and the Conference of the Majority and Conference of the Minority of the Senate, $8,500; in all, $13,000. Administrative Provisions Sec. 1.
(a)The table and the sentence immediately following such table in subsection (d)(1) of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1(d)(1), is amended to read as follows: " “$740,000 if the population of his State is less than 1,000,000; “$775,950 if such population is 1,000,000 but less than 2,000,000; “$811,900 if such population is 2,000,000 but less than 3,000,000; “$847,850 if such population is 3,000,000 but less than 4,000,000; “$883,800 if such population is 4,000,000 but less than 5,000,000; “$919,750 if such population is 5,000,000 but less than 6,000,000; “$955,700 if such population is 6,000,000 but less than 7,000,000; “$991,650 if such population is 7,000,000 but less than 8,000,000; “$1,027,600 if such population is 8,000,000 but less than 9,000,000; “$1,063,550 if such population is 9,000,000 but less than 10,000,000; “$1,099,500 if such population is 10,000,000 but less than 11,000,000; “$1,135,450 if such population is 11,000,000 but less than 12,000,000; “$1,171,400 if such population is 12,000,000 but less than 13,000,000; “$1,207,350 if such population is 13,000,000 but less than 14,000,000; “$1,243,300 if such population is 14,000,000 but less than 15,000,000; “$1,279,250 if such population is 15,000,000 but less than 16,000,000; “$1,315,200 if such population is 16,000,000 but less than 17,000,000; “$1,351,150 if such population is 17,000,000 but lees than 18,000,000; “$1,374,150 if such population is 18,000,000 but less than 19,000,000; “$1,397,150 if such population is 19,000,000 but less than 20,000,000; “$1,420,150 if such population is 20,000,000 but less than 21,000,000; “$1,443,150 if such population is 21,000,000 but less than 22,000,000; “$1,466,150 if such population is 22,000,000 but less than 23,000,000; “$1,489,150 if such population is 23,000,000 but less than 24,000,000; “$1,512,150 if such population is 24,000,000 but less than 25,000,000; “$1,535,150 if such population is 25,000,000 but less than 26,000,000; “$1,558,150 if such population is 26,000,000 but less than 27,000,000; “$1,581,150 if such population is 27,000,000 but less than 28,000,000; and “$1,604,150 if such population is 28,000,000 or more. “For any fiscal year, the population of a State shall be deemed to be whichever of the following is the higher: “(I) the population of such State (as determined for purposes of this paragraph) for the preceding fiscal year; or “(II) the population of such State as of the first day of such fiscal year, as determined by the latest census (provisional or otherwise) conducted prior to such first day by the Bureau of the Census within the Department of Commerce. “If the population of any State, as determined under the preceding sentence, is not evenly divisible by 1,000,000, the population of such State shall be deemed to be increased to the next higher multiple of 1,000,000. “If, for any period after a fiscal year has begun, the census figures of the most recent census conducted prior to the first day of such year have not been officially released, then, for such period, in the administration of this paragraph, it shall be assumed that the population of each State is the same as such State’s population (as determined for purposes of this paragraph) for the preceding fiscal year. “In the event that the term of office of a Senator begins after the first month of a fiscal year or ends (except by reason of death, 101 STAT. 1329–294resignation, or expulsion) before the last month of a fiscal year, the aggregate amount available for gross compensation of employees in the office of such Senator for such year shall be the applicable amount contained in the preceding table, divided by 12, and multiplied by the number of months in such year which are included in the Senator’s term of office, counting any fraction of a month as a full month.”. "
(b)The amendment made by thisEffective date.[2 USC 61–1 note](/us/usc/t2/s61–1). section shall be effective in the case of fiscal years beginning after September 30, 1987. Sec. 2.
(a)Effective with respect to pay[2 USC 61d](/us/usc/t2/s61d). periods beginning on or after the enactment of this Act, the Chaplain of the Senate shall be compensated at a rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(b)The second proviso, under the headings “SENATE“ and “Office of the Chaplain”, of the Legislative Branch Appropriation Act, 1970 (Public Law 91–145) is amended to read as follows:[2 USC 61d–1](/us/usc/t2/s61d–1). “*Provided further,* That the Chaplain of the Senate may appoint and fix the compensation of a secretary”. Sec. 3.
(a)Section 192 of title I, Chapter IX, of the Supplemental Appropriations Act, 1985 (Public Law 99–88; 99 Stat. 349; 2 U.S.C. 68–5) is amended—
(1)by striking out “and”, where it appears immediately after “Minority Whip of the Senate,”, and inserting in lieu thereof “one for the attending physician, one as authorized by Senate Resolution 90 of the 100th Congress”; and
(2)by inserting immediately before the period at the end of such section the following: “, and such additional number as is otherwise specifically authorized by law”.
(b)The amendments made byEffective date[2 USC 68–5 note](/us/usc/t2/s68–5). subsection
(a)shall be effective in the case of fiscal years ending after September 30,1986. Sec. 4. Section 151(a) of Public Law 99–591 (100 Stat. 3341–3355) is amended by striking out[40 USC 756b](/us/usc/t40/s756b). “during fiscal year 1987”. Sec. 5. Subsection
(i)of section 814 of the Foreign Relations Authorization Act, fiscal years 1986 and 1987 (Public Law 99–93), as amended by Public law 99–151, is amended by striking out “1987” and inserting[22 USC 2291 note](/us/usc/t22/s2291). “1988”. Sec. 6. Effective in the case of fiscal years beginning after September 30, 1986, the first sentence of section 107(a) of the Supplemental Appropriations Act, 1979 (Public Law 96–38; 2 U.S.C. 69a), is amended by striking out “$2,000” and inserting in lieu thereof “$4,000”. Sec. 7. The Chairman of the Majority or Minority Conference Committee of the Senate may, during the fiscal year ending September 30,1988, at his election, transfer not more than $50,000 from the appropriation account for salaries for the Conference of the Majority and the Conference of the Minority of the Senate, to the account, within the contingent fund of the Senate, from which expenses are payable under section 120 of Public Law 97–51 (2 U.S.C. 61g–6). Any transfer of funds under authority of the preceding sentence shall be made at such time or times as such chairman shall specify in writing to the Senate Disbursing Office. Any funds so transferred by the chairman of the Majority or Minority Conference Committee shall be available for expenditure by such committee in like manner and for the same purposes as are other moneys which are available for expenditure by such committee from the account, within the 101 STAT. 1329–295contingent fund of the Senate, from which expenses are payable under section 120 of Public Law 97–51 (2 U.S.C. 61g–6). Sec. 8.
(a)[2 USC 68–6](/us/usc/t2/s68–6).The Secretary of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year, from the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Secretary of the Senate, such sums as he shall specify to the Senate appropriations account, appropriated under the headings “Salaries, Officers and Employees” and “Office of the Secretary”; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred.
(b)The Sergeant at Arms and Doorkeeper of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year, from the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, such sums as he shall specify to the appropriations account, appropriated under the headings “Salaries, Officers and Employees” and “Office of the Sergeant at Arms and Doorkeeper”; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred Sec. 9. Section 114 of Public Law 95–94, as amended (2 U.S.C. 61–1a), is amended to read as follows: " “Sec. 114. Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one position, each of which is either in the office of a Senator and the pay of which is disbursed by the Secretary of the Senate or is in another office and the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading “Salaries, Officers, and Employees”, if the aggregate gross pay from those positions does not exceed the maximum rate specified in section 105(d)(2) of the Legislative Appropriations Act of 1968, as amended and modified.”. " HOUSE OF REPRESENTATIVES Payments to Widows and Heirs of Deceased Members of Congress Lucie C. McKinneyFor payment to Lucie C. McKinney, widow of Stewart B. McKinney, late Representative from the State of Connecticut, $89,500. Mileage of Members For mileage of Members, as authorized by law, $210,000. House Leadership Offices For salaries and expenses, as authorized by law, $3,456,000, including: Office of the Speaker, $798,000, including $18,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $708,000, including $10,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $789,000, including $10,000 for official expenses of the Minority Leader; Office of the Majority Whip, $621,000, including $5,000 for official expenses of the 101 STAT. 1329–296Majority Whip and not to exceed $149,950 for the Chief Deputy Majority Whip; Office of the Minority Whip, $540,000, including $5,000 for official expenses of the Minority Whip and not to exceed $79,150 for the Chief Deputy Minority Whip. Members' Clerk Hire For staff employed by each Member in the discharge of his official and representative duties, $174,556,000. Committee Employees For professional and clerical employees of standing committees, including the Committee on Appropriations and the Committee on the Budget, $49,102,000. Committee on the Budget (Studies) For salaries, expenses, and studies by the Committee on the Budget, and temporary personal services for such committee to be expended in accordance with sections 101(c), 606, 703, and 901(e) of the Congressional Budget Act of 1974, and to be available for reimbursement to agencies for services performed, $329,000. Contingent Expenses of the House standing committees, special and select For salaries and expenses of standing committees, special and select, authorized by the House, $52,418,000. allowances and expenses (including transfer of funds) For allowances and expenses as authorized by House resolution or law, $174,797,000, including: Official Expenses of Members, $81,523,000; supplies, materials, administrative costs and Federal tort claims, $16,719,000; furniture and furnishings, $1,005,000; stenographic reporting of committee hearings, $550,000; reemployed annuitants reimbursements, $1,118,000; Government contributions to employees’ life insurance fund, retirement funds, Social Security fund, Medicare fund, health benefits fund, and worker’s and unemployment compensation, $73,260,000; and miscellaneous items including, but not limited to, purchase, exchange, maintenance, repair and operation of House motor vehicles, restaurants, interparliamentary receptions and gratuities to heirs of deceased employees of the House, $622,000: *Provided,* ThatEffective date. effective upon enactment of this Act, an amount not to exceed $132,000 shall be made available by transfer from the appropriation for “House office buildings, 1987, No year” for deposit in the account established by section 208 of the First Supplemental Civil Functions Appropriations Act, 1941 (40 U.S.C. 174k(b)). Such amounts as are deemed necessary for the payment of allowances and expenses under this head may be transferred between the various categories within this appropriation, “Allowances and expenses”, upon the approval of the Committee on Appropriations of the House of Representatives. 101 STAT. 1329–297 Committee on Appropriations (Studies and Investigations) For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act, 1946, and to be available for reimbursement to agencies for services performed, $4,300,000. Salaries, Officers and Employees For compensation and expenses of officers and employees, as authorized by law, $54,529,000, including: Office of the Clerk, $14,917,000; Office of the Sergeant at Arms, including overtime, as authorized by law, $21,180,000; Office of the Doorkeeper, including overtime, as authorized by law, $7,915,000; Office of the Postmaster, $2,517,000, including $48,124 for employment of substitute messengers and extra services of regular employees when required at the salary rate of not to exceed $16,766 per annum each; Office of the Chaplain, $75,000; Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of Rules, $716,000; for salaries and expenses of the Office for the Bicentennial of the House of Representatives, $243,000; for salaries and expenses of the Office of the Law Revision Counsel of the House, $870,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $3,025,000; six minority employees, $447,000; the House Democratic Steering Committee and Caucus, $721,000; the House Republican Conference, $721,000; and other authorized employees, $1,182,000. Such amounts as are deemed necessary for the payment of salaries of officers and employees under this head may be transferred between the various offices and activities within this appropriation, “Salaries, officers and employees”, upon the approval of the Committee on Appropriations of the House of Representatives. Administrative Provisions Sec. 101. Of the amounts appropriated in fiscal year 1988 for the House of Representatives under the headings “Committee employees”, “Standing committees, special and select”, “Salaries, officers and employees”, “Allowances and expenses”, “House leadership offices”, and “Members’ clerk hire”, such amounts as are deemed necessary for the payment of salaries and expenses may be transferred among the aforementioned accounts upon approval of the Committee on Appropriations of the House of Representatives. Sec. 102.
(a)One additional employee is authorized for each of the following:
(1)the House Democratic Steering and Policy Committee; and
(2)the House Republican Conference.
(b)The annual rate of pay for the positions established under subsection
(a)shall not exceed 60 percent of the annual rate of pay payable from time to time for level V of the Executive Schedule under section 5316 of title 5, United States Code. JOINT ITEMS For joint committees, as follows: 101 STAT. 1329–298 Contingent Expenses of the Senate joint economic committee For salaries and expenses of the Joint Economic Committee, $3,179,000. joint committee on printing For salaries and expenses of the Joint Committee on Printing, $1,037,000. Contingent Expenses of the House joint committee on taxation For salaries and expenses of the Joint Committee on Taxation, $4,219,000, to be disbursed by the Clerk of the House. For other joint items, as follows: Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including
(1)an allowance of $1,000 per month to the Attending Physician;
(2)an allowance of $600 per month to one Senior Medical Officer while on duty in the Attending Physician’s office;
(3)an allowance of $200 per month each to two medical officers while on duty in the Attending Physician's office;
(4)an allowance of $200 per month each to not to exceed twelve assistants on the basis heretofore provided for such assistance; and
(5)$963,600 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, such amount shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $1,493,000, to be disbursed by the Clerk of the House. Capitol Police general expenses For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including advance payment for travel for training or other purposes, and expenses associated with the relocation of instructor personnel to and from the Federal Law Enforcement Training Center as approved by the Chairman of the Capitol Police Board, and including $85 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board, $1,734,000, to be disbursed by the Clerk of the House: *Provided,* That the funds used to maintain the petty cash fund referred to as “Petty Cash II” which is to provide for the prevention and detection of crime shall not exceed $4,000: *Provided further,* That the funds used to maintain the petty cash fund referred to as “Petty Cash III” which is to provide for the advance of travel expenses attendant to protective assignments shall not exceed $4,000: *Provided further,* That, notwithstand-101 STAT. 1329–299ing any other provision of law, the cost involved in providing basic training for members of the Capitol Police at the Federal Law Enforcement Training Center for fiscal year 1988 shall be paid by the Secretary of the Treasury from funds available to the Treasury Department. Official Mail Costs For expenses necessary for official mail costs, $82,163,000, to be disbursed by the Clerk of the House, to be available immediately upon enactment of this Act: *Provided,* That funds appropriated for such purpose for the fiscal year ending September 30, 1987, shall remain available until expended. Capitol Guide Service For salaries and expenses of the Capitol Guide Service, $1,137,000, to be disbursed by the Secretary of the Senate: *Provided,* That none of these funds shall be used to employ more than thirty-three individuals: *Provided further,* That the Capitol Guide Board is authorized, during emergencies, to employ not more than two additional individuals for not more than one hundred twenty days each, and not more than ten additional individuals for not more than six months each, for the Capitol Guide Service. Statements of Appropriations For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the first session of the One Hundredth14a14a Copy read “One-hundredth”. Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $19,000, to be paid to the persons designated by the chairmen of such committees to supervise the work. OFFICE OF TECHNOLOGY ASSESSMENT Salaries and Expenses For salaries and expenses necessary to carry out the provisions of the Technology Assessment Act of 1972 (Public Law 92–484), including reception and representation expenses (not to exceed $3,000 from the Trust Fund), and rental of space in the District of Columbia, and those necessary to carry out the duties of the Director of the Office of Technology Assessment under section 1886 of the Social Security Act as amended by section 601 of the Social Security Amendments of 1983 (Law 98–21), and those necessary to carry out the duties of the Director of the Office of Technology Assessment under part B of title XVIII of the Social Security Act as amended by section 9305 of the Consolidated Omnibus Reconciliation Act of 1985 (Public Law 99–272), $16,901,000: *Provided,* That none of the funds in this Act shall be available for salaries or expenses of any employee of the Office of Technology Assessment in excess of 143 staff employees: *Provided further,* That no part of this appropriation shall be available for assessments or activities not initiated and approved in accordance with section 3(d) of Public Law 92–484, except that funds shall be available for the assessment required by Public Law 96–151: *Provided further,* That none of the funds in this Act shall be 101 STAT. 1329–300available for salaries or expenses of employees of the Office of Technology Assessment in connection with any reimbursable study for which funds are provided from sources other than appropriations made under this Act, or be available for any other administrative expenses incurred by the Office of Technology Assessment in carrying out such a study, except that funds shall be available for and reimbursement can be accepted for salaries or expenses of the Office of Technology Assessment in connection with the assessment required by section 101(b) of Public Law 99–190. BIOMEDICAL ETHICS BOARD Salaries and Expenses For the Biomedical Ethics Board and the Biomedical Ethics Advisory Committee, as authorized by section 381 of the Public Health Service Act (Public Law 99–158), $100,000: *Provided,* That of the amounts appropriated under this head in the Legislative Branch Appropriations Act, 1987 (as enacted by Public Law 99–500 and Public Law 99–591), shall remain available for obligation until September 30,1988. CONGRESSIONAL AWARD BOARD Congressional Award Program Notwithstanding any other provision of law, there is appropriated to the Congressional Award Board (established by Public Law 96–114; 2 U.S.C. 801) the sum of $189,000, to be disbursed by the Clerk of the House upon vouchers approved by the Chairman of the Congressional Award Board or another member of the Board as delegated by the Chairman, to remain available without fiscal year limitation: *Provided,* That notwithstanding any provision of such Public Law 96–114, such sum shall be used by the Congressional Award Board in the same manner and for the same purposes, and subject to the same limitations, as are funds donated to such Board by private individuals: *Provided further,* That these funds may only be used for routine operational purposes and may not be allocated for the payment of any debt outstanding as of the date of enactment of this Act. CONGRESSIONAL BUDGET OFFICE Salaries and Expenses [2 USC 605](/us/usc/t2/s605). For salaries and expenses necessary to carry out the provisions of the Congressional Budget Act of 1974 (Public Law 93–344), $17,886,000: *Provided,* That none of these funds shall be available for the purchase or hire of a passenger motor vehicle: *Provided further,* That none of the funds in this Act shall be available for salaries or expenses of any employee of the Congressional Budget Office in excess of 226 staff employees: *Provided further,* That any sale or lease of property, supplies, or services to the Congressional Budget Office shall be deemed to be a sale or lease of such property, supplies, or services to the Congress subject to section 903 of Law 98–63. 101 STAT. 1329–301 ARCHITECT OF THE CAPITOL Office of the Architect of the Capitol salaries For the Architect of the Capitol; the Assistant Architect of the Capitol; the Executive Assistant; and other personal services; at rates of pay provided by law, $5,925,000. travel [40 USC 166a](/us/usc/t40/s166a).Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $10,000. contingent expenses To enable the Architect of the Capitol to make surveys and studies, and to meet unforeseen expenses in connection with activities under his care, $48,000. Capitol Buildings and Grounds capitol buildings For all necessary expenses for the maintenance, care and operation of the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including furnishings and office equipment; not to exceed $1,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; purchase or exchange, maintenance and operation of a passenger motor vehicle; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, and for security installations, which are approved by the Capitol Police Board, authorized by House Concurrent Resolution 550, Ninety-second Congress, agreed to September 19, 1972, the cost limitation of which is hereby further increased by $111,000, $12,793,000, of which $360,000 shall remain available until expended. capitol grounds For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power Plant, $3,404,000. Senate Office Buildings For all necessary expenses for maintenance, care and operation of Senate Office Buildings; and furniture and furnishings, to be expended under the control and supervision of the Architect of the Capitol, $23,265,000, of which $3,943,000 shall remain available until expended: *Provided,* That $928,000 of funds provided under this head are for improvements to the Senate Restaurants kitchen in the Dirksen Building: *Provided further,* That no obligations can be made from this amount for improvements to the Senate Restaurants 101 STAT. 1329–302kitchen in the Dirksen Building without the prior approval of the Committee on Appropriations of the United States Senate. House Office Buildings For all necessary expenses for the maintenance, care and operation of the House Office Buildings, including the position of Superintendent of Garages as authorized by law, $30,547,000, of which $8,010,000 shall remain available until expended. Capitol Power Plant For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; for lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Congressional Library Buildings, and the grounds about the same, Botanic Garden, Senate garage, and for air conditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office and Washington City Post Office and heating and chilled water for air conditioning for the Supreme Court Building, Union Station complex and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation; $24,583,000: *Provided,* That not to exceed $1,950,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 1988. Administrative Provisions Sec. 103. Notwithstanding any other provisions of law, the [40 USC 166b–6 note](/us/usc/t40/s166b–6).Architect of the Capitol is hereby authorized to
(1)develop a pilot note, program to determine the economic feasibility and efficiency of centralizing certain maintenance functions, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of the Office of the Architect of the Capitol, for personal services in any buildings, facilities, or grounds under his jurisdiction for which appropriations have been made and are available;
(2)maintain appropriate cost and productivity records for the grogram; and
(3)report to appropriate authorities, including the ommittees on Appropriations, on the results of the program, together with recommendations for continuation or expansion of the program. Sec. 104. The Architect of the Capitol, under the direction of the Joint Committee on the Library, is authorized to accept donations to restore and display the Statue of Freedom model. LIBRARY OF CONGRESS Congressional Research Service salaries and expenses For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended by section 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166) and 101 STAT. 1329–303to revise and extend the Annotated Constitution of the United States of America, $43,022,000: *Provided,* That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate[2 USC 166 note](/us/usc/t2/s166). Committee on Rules and Administration: *Provided further,* That, notwithstanding any other provisions of law, the compensation of the Director of the Congressional Research Service, Library of Congress, shall be at an annual rate which is equal to the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. GOVERNMENT PRINTING OFFICE Congressional Printing and Binding For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); printing and binding of Government publications authorized by law to be distributed to Members of Congress; and for printing, binding, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $70,359,000: *Provided,* That funds remaining from the unexpended balances from obligations made under prior year appropriations for this account shall be available for the purposes of the printing and binding account for the same fiscal year: *Provided further,* That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture) nor for copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under 44 U.S.C. 906: *Provided further,* That, to the extent that funds remain from the unexpended balance of fiscal year 1984 and fiscal year 1985 funds obligated for the printing and binding costs of publications produced for the Bicentennial of the Congress, such remaining funds shall be available for the current year printing and binding cost of publications produced for the Bicentennial. *Provided further,* That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. This title may be cited as the “Congressional Operations Appropriations Act, 1988”. TITLE II— OTHER AGENCIES BOTANIC GARDEN Salaries and Expenses For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $2,221,000. 101 STAT. 1329–304 LIBRARY OF CONGRESS Salaries and Expenses For necessary expenses of the Library of Congress, not otherwise provided for, including the Speaker's Civic Achievement Awards Program, subject to authorization, development and maintenance of the Union Catalogs; custody, care and maintenance of the Library Buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog cards and other publications of the Library; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $143,866,000, of which not more than $5,000,000 shall be derived from collections credited to this appropriation during fiscal year 1988 under the Act of June 28, 1902, as amended (2 U.S.C. 150): *Provided,* That the total amount available for obligation shall be reduced by the amount by which collections are less than the $5,000,000: *Provided further,* That, of the total amount appropriated, $4,944,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other materials including subscriptions for bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections. Copyright Office salaries and expenses For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $19,061,000, of which not more than $7,000,000 shall be derived from collections credited to this appropriation during fiscal year 1988 under 17 U.S.C. 708(c), and not more than $931,000 shall be derived from collections during fiscal year 1988 under 17 U.S.C. lll(d)(3) and 116(c)(1): *Provided,* That the total amount available for obligation shall be reduced by the amount by which collections are less than the $7,931,000: *Provided further,* That $150,000 of the unobligated balance of that part of the appropriation “Salaries and Expenses, Copyright Office” for the fiscal year 1987, for the acquisition of a stand-alone data system for the processing of cable television statements and jukebox registrations, shall remain available until September 30,1988. Books for the Bund and Physically Handicapped salaries and expenses For salaries and expenses to carry out the provisions of the Act approved March 3, 1931, as amended (2 U.S.C. 135a), $36,186,000. Furniture and Furnishings For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $5,816,000, of which $4,781,000 shall be available until expended only for the purchase 101 STAT. 1329–305and supply of furniture, shelving, furnishings, and related costs necessary for the renovation and restoration of the Thomas Jefferson and John Adams Library Buildings. Administrative Provisions Sec. 201. Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $101,390 of which $23,900 is for the Congressional Research Service, when specifically authorized by the Librarian, for expenses of attendance at meetings concerned with the function or activity for which the appropriation is made. Sec. 202.
(a)No part of the funds appropriated in this Act shall be used by the Library of Congress to administer any flexible or compressed work schedule which—
(1)applies to any manager or supervisor in a position the grade or level of which is equal to or higher than GS–15; and
(2)grants the manager or supervisor the right to not be at work for all or a portion of a workday because of time worked by the manager or supervisor on another workday.
(b)For purposes of this section, the term “manager or supervisor” means any management official or supervisor, as such terms are defined in section 7103(a)
(10)and
(11)of title 5, United States Code. Sec. 203. Appropriated funds received by the Library of Congress from other Federal agencies to cover general and administrative overhead costs generated by performing reimbursable work for other agencies under the authority of 31 U.S.C. 1535 and 1536 shall not be used to employ more than 65 employees. Sec. 204. No funds shall be expended by the Library of Congress for the purpose of providing long-term special study facilities for profit or non-profit business enterprises until guidelines for such use are approved by the Joint Committee on the Library. ARCHITECT OF THE CAPITOL Library Buildings and Grounds structural and mechanical care For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $6,741,000, of which $365,000 shall remain available until expended. COPYRIGHT ROYALTY TRIBUNAL Salaries and Expenses For necessary expenses of the Copyright Royalty Tribunal, $662,000, of which $533,000 shall be derived by collections from the appropriation “Payments to Copyright Owners” for the reasonable costs incurred in proceedings involving distribution of royalty fees as provided by 17 U.S.C. 807. 101 STAT. 1329–306 GOVERNMENT PRINTING OFFICE Office of Superintendent of Documents salaries and expenses For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the provisions of 44 U.S.C. 305; travel expenses (not to exceed $117,000); price lists and bibliographies; repairs to buildings, elevators, and machinery; and supplying publications to the Depository Library and International Exchange Programs, $24,662,000, of which $5,500,000 representing excess receipts from the sale of publications shall be derived from the Government Printing Office revolving fund: *Provided,* That $300,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 1512), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. Government Printing Office Revolving Fund The Government Printing Office is hereby authorized to makeContracts. such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the “Government Printing Office revolving fund”: *Provided,* That not to exceed $5,000 may be expended on the certification of the Public Printer in connection with official representation and reception expenses: *Provided further,* That during the current fiscal year the revolving fund shall be available for the hire of eight passenger motor vehicles: *Provided further,* That expenditures in connection with travel expenses of the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: *Provided further,* That the revolving fund shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS–18: *Provided further,* That the revolving fund shall be available to acquire needed land, located in Northwest D.C., which is adjacent to the present Government Printing Office, and is bounded by Massachusetts Avenue and the southern property line of the Government Printing Office, between North Capitol Street and First Street. The land to be purchased is identified as Parcels 45–D, 45–E, 45–F, and 47–A in Square 625, and includes the alleys adjacent to these parcels, and G Street, N.W. from North Capitol Street to First Street: *Provided further,* That the revolving fund and the funds provided under the paragraph entitled “Office of Superintendent of Documents, Salaries and expenses” together may not be available for the full-time equivalent employment of more than 5,237 workyears. 101 STAT. 1329–307 Administrative Provision Sec. 205. Funds authorized to be expended by the Government Printing Office for fiscal year 1988, not to exceed $55,000, shall be available without regard to the 25 per centum limitation of section 322 of the Economy Act of June 30, 1932, as amended, for the repair, alteration, and improvement of rented premises. GENERAL ACCOUNTING OFFICE Salaries and Expenses For necessary expenses of the General Accounting Office, including not to exceed $5,000 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS–18; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with 31 U.S.C. 3324; benefits comparable to those payable under sections 901(5), 901(6) and 901(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 4081(6) and 4081(8), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(b)); $329,847,000: *Provided,* That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program (JFMIP) shall be available to finance an appropriate share of JFMIP costs as determined by the JFMIP, including but not limited to the salary of the Executive Director and secretarial support: *Provided further,* That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of Forum costs as determined by the Forum, including necessary travel expenses of non-Federal participants. Payments hereunder to either the Forum or the JFMIP may be credited as reimbursements to any appropriation from which costs involved are initially financed: *Provided further,* That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the American Consortium on International Public Administration (ACIPA) shall be available to finance an appropriate share of ACIPA costs as determined by the ACIPA, including any expenses attributable to membership of ACIPA in the International Institute of Administrative Sciences: *Provided further,* That this appropriation shall be available to finance a portion, not to exceed $50,000, of the costs of the Governmental Accounting Standards Board: *Provided further,* That $50,000 of this appropriation shall be available for the expenses of planning the triennial Congress of the International Organization of Supreme Audit Institutions (INTOSAI) to be hosted 101 STAT. 1329–308by the United States General Accounting Office in Washington, D.C., in 1992, to the extent that such expenses cannot be met from the trust authorized below: *Provided further,* That the General Accounting Office is authorized to solicit and accept contributions (including contributions from INTOSAI), to be held in trust, which shall be available without fiscal year limitation for the planning, administration, and such other expenses as the Comptroller General deems necessary to act as the sponsor of the aforementioned triennial Congress of INTOSAI. Monies in the trust not to exceed $10,000 shall be available upon the request of the Comptroller General to be expended for the purposes of the trust. TITLE III— GENERAL PROVISIONS Sec. 301. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration or for the Senate issued by the Committee on Rules and Administration. Sec. 302. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 303. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein or whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: *Provided,* That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto.40 USC 166 note. Sec. 304. The expenditure of any appropriation under this ActContracts. for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 305.
(a)The Architect of the Capitol, in consultation with[40 USC 166 note](/us/usc/t40/s166). the heads of the agencies of the legislative branch, shall develop an overall plan for satisfying the telecommunications requirements of such agencies, using a common system architecture for maximum interconnection capability and engineering compatibility. The plan shall be subject to joint approval by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, and, upon approval, shall be communicated to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded telecommunications system for an agency of the legislative branch, unless, as determined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved.
(b)As used in this section— 101 STAT. 1329–309
(1)the term “agency of the legislative branch” means, the office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and
(2)the term “telecommunications system” means an electronic system for voice, data, or image communication, including any associated cable and switching equipment. Sec. 306. [2 USC 907 note](/us/usc/t2/s907).Hereafter, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended, the term “program, project, and activity” shall be synonymous with each appropriation account in this Act, except that the accounts under the general heading “House of Representatives” shall be considered one appropriation account and one “program, project, and activity”, and the accounts under the general heading “Senate” shall be considered one appropriation account and one “program, project, and activity”. Sec. 307.
(a)[4 USC 105 note](/us/usc/t4/s105).Notwithstanding section 105 of title 4, United States Code, or any other provision of law, no person shall be required to pay, collect, or account for any sales, use, or similar excise tax, or any personal property tax, with respect to an essential support activity or function conducted by a nongovernmental person in the Capitol, the House Office Buildings, the Senate Office Buildings, the Capitol Grounds, or any other location under the control of the Congress in the District of Columbia.
(b)As used in this section—
(1)the term “essential support activity or function” means a support activity or function so designated by the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, acting jointly or separately, as appropriate;
(2)the term “personal property tax” means a tax of a State, a subdivision of a State, or any other authority of a State, that is levied on, levied with respect to, or measured by, the value of personal property;
(3)the term “sales, use, or similar excise tax” means a tax of a State, a subdivision of a State, or any other authority of a State, that is levied on, levied with respect to, or measured by, sales, receipts from sales, or purchases, or by storage, possession, or use of personal property; and
(4)the term “State” means a State of the United States, the District of Columbia, or a territory or possession of the United States.
(c)This section shall apply to any sale, receipt, purchase, storage, possession, use, or valuation taking place after December 31, 1986. Sec. 308.
(a)[40 USC 166b–3a](/us/usc/t40/s166b–3a).Notwithstanding any other provision of law, the pay for positions described in subsection
(b)shall be the amounts specified for such positions in appropriations Acts.
(b)The positions referred to in subsection
(a)are:
(1)the two positions of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings “Office of the Architect of the Capitol” and “Salaries” in the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a), and
(2)the seven positions provided for in the third and fourth undesignated paragraphs under the center subheadings “Office of the Architect of the Capitol” and “Salaries” in the Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b–3). 101 STAT. 1329–310
(c)The pay for each position described in subsection
(b)shall be the pay payable for such position with respect to the last pay period before this section takes effect, subject to any applicable adjustment during fiscal year 1988 under, or by reference to any applicable adjustment during fiscal year 1988 under, subchapter I of chapter 53 of title 5, United States Code.
(d)This section shall apply in fiscal years beginning afterEffective date. September 30, 1987, with respect to pay periods beginning after the date of the enactment of this Act. Sec. 309.
(a)None of the funds appropriated for fiscal year 1988 by this Act or any other law may be obligated or expended by any entity of the executive branch for the procurement from commercial sources of any printing related to the production of Government publications (including forms), unless such procurement is by or through the Government Printing Office.
(b)Subsection
(a)does not apply to
(1)individual printing orders costing not more than $1,000, if the work is not of a continuing or repetitive nature,
(2)printing for the Central Intelligence Agency, the Defense Intelligence Agency, or the National Security Agency, or
(3)printing from commercial sources that is specifically authorized by law or is of a kind that has not been routinely procured by or through the Government Printing Office.
(c)As used in this section, the term ‘printing” means the process of composition, platemaking, presswork, binding, and microform, and the end items of such processes. Sec. 310. The provision of law which was derived from section 80 of the Revised Statutes and which currently is carried as the second sentence of section 131 of title 2, United States Code, is hereby repealed Sec. 311.
(a)The first sentence of section 4(a) of Public Law 91–656 (2 U.S.C. 60a–1) is amended by striking out the period at the end and inserting “and adjust the rates of such personnel by such amounts as necessary to restore the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions.”.
(b)Section 4(d) of such public law is amended by striking out the period at the end and inserting “, except in cases in which it is necessary to restore and maintain the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions.”.
(c)Notwithstanding any other provision of this Act or any[2 USC 60a–1 note](/us/usc/t2/s60a–1). other provision of law, subsections
(a)and
(b)of this section shall be effective in the case of pay orders issued by the President pro tempore of the Senate on or after January 1, 1988.
(d)Notwithstanding any other provision of this Act, or any[2 USC 60a–2a](/us/usc/t2/s60a–2a). other provision of law, rule, or regulation, hereafter each time the President pro tempore of the Senate exercises any authority pursuant to any of the amendments made by this section with respect to rates of pay or any other matter relating to personnel whose pay is disbursed by the Secretary of the Senate, the Speaker of the House of Representatives may, with respect to personnel whose pay is disbursed by the Clerk of the House of Representatives, exercise the same authority to the extent necessary to ensure parity of treatment between personnel of the respective Houses of Congress having comparable duties and responsibilities. This Act may be cited as the “Legislative Branch Appropriations Act, 1988”. 101 STAT. 1329–311
(j)Such amounts as may be necessary for programs, projects or activities provided for in the Military Construction Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTMilitary Construction Appropriations Act, 1988. Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1988, and for other purposes. Military Construction, Army (including rescissions) For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, and for construction and operation of facilities in support of the functions of the Commander-in-Chief, $977,590,000, to remain available until September 30, 1992: *Provided,* That of this amount, not to exceed $120,120,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: *Provided further,* That of the funds appropriated for “Military [98 Stat. 1877](/us/stat/98/1877).Construction, Army” under Law 98–473, $6,800,000 is hereby rescinded: *Provided further,* That of the funds appropriated [99 Stat. 1024](/us/stat/99/1024).for “Military Construction, Army” under Public Law 99–173, $28,000,000 is hereby rescinded. Military Construction, Navy (including rescissions) For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $1,417,311,000, to remain available until September 30, 1992: *Provided,* That of this amount, not to exceed $130,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additions^ obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: *Provided further,* That of the funds appropriated for “Military Construction, Navy” under Law 98–473, $6,800,000 is hereby rescinded: *Provided further,* That of the funds appropriated for “Military Construction, Navy” under Public Law 99–173, $19,400,000 is hereby rescinded. 101 STAT. 1329–312 Military Construction, Air Force (including rescissions) For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $1,241,254,000, to remain available until September 30, 1992: *Provided,* That of this amount, not to exceed $115,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: *Provided further,* That of the funds appropriated for “Military Construction, Air Force” under Law[98 Stat. 1878](/us/stat/98/1878). 98–473, $6,300,000 is hereby rescinded: *Provided further,* That of the funds appropriated for “Military Construction, Air Force” under Public Law 99–173, $18,500,000 is hereby rescinded:[99 Stat. 1024](/us/stat/99/1024). *Provided further,* That none of the funds appropriated for planning, design, or construction of military facilities or family housing may be used to support the relocation of the 401st Tactical Fighter Wing from Spain to another country. Military Construction, Defense Agencies (including transfer of funds) (including rescissions) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $558,446,000, to remain available until September 30, 1992: *Provided,* That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: *Provided further,* That of the amount appropriated, not to exceed $55,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: *Provided further,* That of the funds appropriated for “Military Construction, Defense Agencies” under Law 98–473, $1,900,000 is hereby rescinded: *Provided further,* That of the funds appropriated for “Military Construction, Defense[99 Stat. 1025](/us/stat/99/1025). Agencies” under Public Law 99–173, $5,300,000 is hereby rescinded. North Atlantic Treaty Organization Infrastructure (including rescission) For the United States share of the cost of North Atlantic Treaty Organization Infrastructure programs for the acquisition and 101 STAT. 1329–313construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized in military construction Acts and section 2806 of title 10, United States Code, $381,000,000, to remain available until expended: *Provided,* That of the funds appropriated for “North Atlantic Treaty [99 Stat. 1025](/us/stat/99/1025).Organization Infrastructure” under Public Law 99–173, $8,000,000 is hereby rescinded. Military Construction, Army National Guard (including rescission) For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $184,405,000, to remain available until September 30, 1992: *Provided,* That of the funds appropriated for “Military Construction, Army National Guard” under Public Law 99–173, $2,500,000 is hereby rescinded. Military Construction, Air National Guard (including rescissions) For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $151,291,000, to remain available until September 30, 1992: *Provided,* [98 Stat. 1879](/us/stat/98/1879).That of the funds appropriated for “Military Construction, Air National Guard” under Law 98–473, $200,000 is hereby rescinded: *Provided further,* That of the funds appropriated for “Military Construction, Air National Guard” under Public Law 99–173, $3,300,000 is hereby rescinded. Military Construction, Army Reserve (including rescission) For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $95,100,000, to remain available until September 30, 1992: *Provided,* That of the funds appropriated for [99 Stat. 1026](/us/stat/99/1026).“Military Construction, Army Reserve” under Public Law 99–173, $1,800,000 is hereby rescinded. Military Construction, Naval Reserve (including rescission) For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $73,737,000, to remain available until 101 STAT. 1329–314September 30, 1992: *Provided,* That of the funds appropriated for “Military (Construction, Naval Reserve” under Public Law 99–173, $1,200,000 is[99 Stat. 1026](/us/stat/99/1026). hereby rescinded. Military Construction, Air Force Reserve (including rescissions) For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $79,300,000, to remain available until September 30, 1992: *Provided,* That of the funds appropriated for “Military Construction, Air Force Reserve” under Law 98–473, $200,000 is hereby rescinded: *Provided further,* That of the funds appropriated for “Military Construction, Air Force Reserve” under Public Law 99–173, $1,800,000 is hereby rescinded. Family Housing, Army (including rescissions) For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $305,890,000; for Operation and maintenance, and for debt payment, $1,255,121,000; in all $1,561,011,000: *Provided,* That the amount provided for construction shall remain available until September 30, 1992: *Provided further,* That of the funds appropriated for “Family Housing, Army” under Law 98–473,[98 Stat. 1879](/us/stat/98/1879). $900,000 is hereby rescinded: *Provided further,* That of the funds appropriated for “Family Housing, Army” under Public Law 99–173, $19,400,000 is hereby rescinded. Family Housing, Navy and Marine Corps (including rescissions) For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $237,914,000; for Operation and maintenance, and for debt payment, $530,028,000; in all $767,942,000: *Provided,* That the amount provided for construction shall remain available until September 30, 1992: *Provided further,* That of the funds appropriated for “Family Housing, Navy and Marine Corps” under Law 98–473, $400,000 is hereby rescinded: *Provided*[98 Stat. 1880](/us/stat/98/1880). *further.* That of the funds appropriated for “Family Housing, Navy and Marine Corps” under Public Law 99–173, $8,800,000 is hereby rescinded. 101 STAT. 1329–315 Family Housing, Air Force (including rescissions) For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $152,310,000; for Operation and maintenance, and for debt payment, $691,983,000; in all $844,293,000: *Provided,* That the amount provided for construction shall remain available until September 30, 1992: *Provided further,* That of the funds [98 Stat. 1880](/us/stat/88/1880).appropriated for “Family Housing, Air Force” under Law 98–473,[99 Stat. 1026](/us/stat/99/1026). appropriated for “Family Housing, Air Force” under Public Law 98–473, $2,400,000 is hereby rescinded: *Provided further,* That of the funds appropriated for “Family Housing, Air Force” under Public Law 99 173, $12,300,000 is hereby rescinded. Family Housing, Defense Agencies For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, leasing, and minor construction, as authorized by law, as follows: for Construction, $1,186,000; for Operation and maintenance, $19,514,000; in all $20,700,000: *Provided,* That the amount provided for construction shall remain available until September 30, 1992. Homeowners Assistance Fund, Defense For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89–754, as amended), $2,800,000. Foreign Currency Fluctuations, Construction, Defense For foreign currency fluctuations, construction, Defense, $85,000,000, to remain available until expended. GENERAL PROVISIONS Sec. 101. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. Sec. 102. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. Sec. 103. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. 101 STAT. 1329–316 Sec. 104. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. Sec. 105. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except;
(a)where there is a determination of value by a Federal court, or
(b)purchases negotiated by the Attorney General or his designee, or
(c)where the estimated value is less than $25,000, or
(d)as otherwise determined by the Secretary of Defense to be in the public interest. Sec. 106. None of the funds appropriated in this Act shall be used to
(1)acquire land,
(2)provide for site preparation, or
(3)install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. Sec. 107. None of the funds appropriated in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations. Sec. 108. No part of the funds appropriated in this Act may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. Sec. 109. No part of the funds appropriated in this Act for dredging in the Indian Ocean may be used for the performance of the work by foreign contractors: *Provided,* That the low responsive and responsible bid of a United States contractor does not exceed the lowest responsive and responsible bid of a foreign contractor by greater than 20 per centum. Sec. 110. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. Sec. 111. No part of the funds appropriated in this Act may be used to pay the compensation of an officer of the Government of the United States or to reimburse a contractor for the employment of a person for work in the continental United States by any such person if such person is an alien who has not been lawfully admitted to the United States. Sec. 112. The expenditure of any appropriation under this ActContracts. for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 113. None of the funds in this Act may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations. Sec. 114. None of the funds appropriated in this Act may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan or in any NATO member country, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. 101 STAT. 1329–317 Sec. 115. None of the funds appropriated in this Act for military construction in the United States territories and possessions in the Pacific and on Kwajalein Island may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: *Provided,* That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 per centum. Sec. 116. The Secretary of Defense is to inform the Committees on Appropriations and Committees on Armed Services of the plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. (transfer of funds) Sec. 117. Unexpended balances in the Military Family Housing Management Account established pursuant to section 2831 of title 10, United States Code, as well as any additional amounts which would otherwise be transferred to the Military Family Housing Management Account during fiscal year 1988, shall be transferred to the appropriations for Family Housing provided in this Act, as determined by the Secretary of Defense, based on the sources from which the funds were derived, and shall be available for the same purposes, and for the same time period, as the appropriation to which they have been transferred. Sec. 118. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year. (transfer of funds) Sec. 119. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such military department by the authorizations enacted into law during the first session of the One Hundredth Congress. Sec. 120. Reports.The Secretary of Defense is to provide the Committees on Appropriations of the Senate and the House of Representatives with a report by February 15, 1988, containing details of the specific actions proposed to be taken by the Department of Defense during fiscal year 1988 to encourage other member nations of the North Atlantic Treaty Organization and Japan to assume a greater share of the common defense burden of such nations and the United States. Sec. 121. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. Sec. 122. Notwithstanding any other provision of law, the Secretary of the Air Force is required to maintain legislative liaison to the House and Senate Appropriations Subcommittees on Military Construction and budgetary and fiscal management of the Military Construction and Military Family Housing appropriations in a manner identical to the method employed as of September 30, 1986. 101 STAT. 1329–318 Sec. 123. Notwithstanding any other provision of law, including the certification requirements provided in section 210 of title 23, United States Code, the Secretary of Defense is directed to provide for the design of access roads for the New Cumberland Army Depot, Pennsylvania and for the Tobyhanna Army Depot, Pennsylvania, as well as design of replacement bridges at Broad Creek and at Gales Creek on North Carolina Highway 24, within funds provided in this Act. Sec. 124. None of the funds appropriated in this Act for planning and design activities may be used to initiate design of the Pentagon Annex. Sec. 125. None of the funds appropriated by this or any other ActReports. for the Department of Defense may be obligated or expended for the National Test Bed Components of the National Test Facility at Falcon Air Station, Colorado, until the Strategic Defense Initiative Organization
(SDIO)has begun the development of the Phase One Strategic Defense System
(SDS)Architecture and the Follow-on Strategic Defense System Architecture and the Committees on Appropriations of the Senate and the House of Representatives have thereafter received an interim report from SDIO on the Phase One System Architecture and follow-on architecture that the National Test Facility will be testing and evaluating; and until SDIO has provided a detailed report to the Committees on Appropriations of the Senate and the House of Representatives on the capability of the National Test Facility and the other components of the National Test Bed to produce the simulation, evaluation, and demonstration data needed to determine whether a proposed ballistic missile defense system satisfies the criteria of technical feasibility, cost-effectiveness at the margin, and survivability: *Provided,* That, none of the funds appropriated by this or any other Act for the National Test Facility or any other components of the National Test Bed may be used to provide any operational battle management, command, control or communications capabilities for an early deployment of a ballistic missile defense system: *Provided further,* That, the goal of the National Test Facility and other components of the National Test Bed shall be to simulate, evaluate, and demonstrate architectures and technologies that are technically feasible, cost effective at the margin, and survivable. Sec. 126. None of the funds appropriated in this Act may be obligated or expended for the purpose of transferring any eguipment, operation, or personnel from the Edgewood Arsenal, Maryland, to any other facility during fiscal year 1988. Sec. 127. In addition to the purposes for which it is now[43 USC 1611 note](/us/usc/t43/s1611). available, the property account established by section 12(b) of the Act of January 2, 1976, as amended (43 U.S.C. 1611 note) shall be available hereafter for purposes involving any public sale of property by any agency of the United States, including the Department of Defense, or any element thereof. Sec. 128. Of the amounts appropriated by this Act for “Family Housing, Navy and Marine Corps”, not to exceed $150,000 shall be available to liquidate obligations incurred for debt payment during fiscal year 1986. Sec. 129.
(a)Subject to subsections
(b)through (d), the Secretary of the Army is authorized to convey to the city of New York, New York, all right, title, and interest of the United States in and to its 7 acre parcel of land in the Brooklyn Navy Yard, Brooklyn, New York. 101 STAT. 1329–319
(b)In consideration for the conveyance by the Secretary under subsection (a), the city of New York shall pay to the United States the fair market value, as determined by the Secretary, of the property to be conveyed.
(c)The Secretary shall include in the deed of conveyance a condition that the United States may reenter and use the property without compensation in the event of war or other national emergency declared by the President or Congress.
(d)The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. Sec. 130.
(a)Subject to subsections
(b)through (f), the Secretary of the Army (hereinafter in this section referred to as the “Secretary”) is authorized to convey to the State of New Jersey (hereinafter in this section referred to as the “State”), and the city of Jersey City, New Jersey (hereinafter in this section referred to as the “City”), all right, title, and interest of the United States in and to a tract of land located in Jersey City, New Jersey, consisting of approximately 40 acres of unimproved real property, comprising a portion of the United States Army Reserve Center, Caven Point, New Jersey.
(1)The conveyance authorized by subsection
(a)shall be subject to the following conditions—
(A)that the City convey to the United States a tract of unimproved real property consisting of approximately 9 acres, located immediately adjacent to the Caven Point Army Reserve Center’s northeast boundary;
(B)that the State and City stabilize approximately 30 acres of real property west of the proposed highway; and
(C)that the State and City remove and store the existing railroad track.
(a)If the fair market value (as determined by the Secretary) of the real property conveyed by the United States to the State and City under subsection
(a)exceeds the sum of fair market values (as determined by the Secretary) of the real property conveyed by the City to the United States and the improvements made by the State ana the City, the State and City shall pay the amount of the difference to the Secretary.
(c)The exact acreages and legal description of properties to be conveyed under subsections
(a)and
(b)shall be determined by surveys that are satisfactory to the Secretary. The cost of any surveys shall be borne by the State and City.
(d)The Secretary may require such additional terms and conditions as the Secretary considers appropriate to carry out the provisions of this section and to protect the interests of the United States.
(1)The Secretary may use any funds paid to the Secretary by the State and City in accordance with subsection (b)(2) to repair, expand, and improve, or replace the United States Army Reserve Center facilities at Caven Point, New Jersey, whichever is most cost-effective.
(2)The Secretary shall deposit any remaining funds into miscellaneous receipts of the Treasury.
(f)This section shall be implemented in accordance with an agreement to be entered into by the Secretary, the State, and the City. Sec. 131.
(a)Authority to Convey.—Subject to subsections
(b)through (f), the Secretary of the Navy may convey to the City of San Diego, California, all right, title, and interest of the United States in 101 STAT. 1329–320and to three parcels of real property (including improvements thereon) comprising approximately 680 acres located in the Mission Trails Regional Park area of the City of San Diego, California.
(b)Consideration.—In consideration for the conveyance authorized by subsection (a), the City of San Diego shall pay to the United States the fair market value, as determined by the Secretary, of the property to be conveyed by the United States.
(c)Use of Funds.—(1) The Secretary may use proceeds from the sale of property under this section solely for the purpose of acquiring suitable sites for military family housing or constructing military family housing units, or both, in the San Diego area.
(2)Any funds received by the Secretary under this section and not used for the acquisition of a site for military family housing or the construction of military family housing units within 60 months after the receipt of such funds shall be deposited into the general fund of the Treasury.
(d)Legal Description of Land.—The exact acreages and legal description of the property to be conveyed under this section shall be determined by surveys satisfactory to the Secretary. The cost of any such survey shall be borne by the city.
(e)Notification.—The Secretary may not enter into any Contracts.Reports. contract under this section to—
(1)convey any property;
(2)acquire a site for military family housing; or
(3)construct housing, until after the 21-day period beginning on the date on which the Secretary transmits to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives a report of the details of the contract.
(f)Additional Terms and Conditions.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interest of the United States.
(g)Amendments.—Section 833 of the Military Construction Authorization Act, 1986 (Public Law 99–167), is amended—[99 Stat. 995](/us/stat/99/995).
(1)in subsection (d)(1), by inserting the following before the period: “or constructing military family housing, or both”;
(2)in subsection (d)(2), by striking out “within 30 months” and inserting in lieu thereof “or constructing military family housing within 60 months”; and
(3)by adding at the end the following new subsection: " “(g) Notification.—After the date of the enactment ofContracts.Reports. this subsection, the Secretary may not enter into any contract under this section to— 1515 Copy read “(1)”.“(1) convey any property; 1616 Copy read “(2)”.“(2) acquire a site for military family housing; or 1717 Copy read “(3)”.“(3) construct housing, until after the 21-day period beginning on the date on which the Secretary transmits to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives a report of the details of the contract.”. "
(h)Limitation.—The total number of military family housing units constructed under this section and under section 833 of the 101 STAT. 1329–321Military Construction Authorization Act, 1986 (Public Law 99–167) shall not exceed 300 units. Sec. 132.
(a)Authority To Exchange Real Property.—Subject to subsections
(b)through (d), the Secretary of the Army may transfer to the City of Copperas Cove, Texas, approximately 112 acres of real property (including improvements thereon) at Fort Hood, Texas, in exchange for approximately 600 acres of real property (including improvements thereon) which are of at least equal value to the property being transferred by the Secretary.
(b)Description of Real Property.—The exact acreage and legal description of the property to be conveyed under subsection
(a)shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the City.
(c)Report.—The Secretary may not transfer any property under this section until after the 21-day period beginning on the date on which the Secretary transmits a report of the details of such transfer to the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives.
(d)Additional Terms and Conditions.—The Secretary may require such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States in any transfer made under this section. Sec. 133.
(a)Authority to Convey.—Subject to subsection (b), the Secretaries of the Army and Navy may convey, without consideration, to the State of North Carolina all right, title, and interest of the United States in and to—
(1)approximately 51 acres of real property, with improvements thereon, located in the FARTC area of Ft. Bragg, North Carolina; and
(2)approximately 50 acres of real property, with improvements thereon, located in the Montford Point/Camp Johnson area of Camp Lejeune, North Carolina.
(b)Conditions.—
(1)The conveyances authorized by subsection
(a)shall be subject to the condition that the properties conveyed by the Secretaries be used by the State to establish State veterans’ cemeteries.
(2)If either of the properties conveyed pursuant to subsection
(a)is not used for the purpose described in paragraph (1), all right, title, and interest in and to such property shall revert at no cost to the United States, which shall have the right of immediate entry thereon.
(c)Legal Description of Land.—The exact acreage and legal description of the properties to be conveyed under subsection
(a)shall be determinea by surveys that are satisfactory to the Secretaries. The cost of such surveys shall be borne by the State.
(d)Additional Terms and Conditions.—The Secretaries may require such other terms and conditions with respect to the conveyances authorized by this section as the Secretaries consider appropriate to protect the interests of the United States. Sec. 134. Notwithstanding any other provision of this or of any other law, any limitation on the obligation or expenditure of funds appropriated for fiscal year 1987 for military construction for home-porting at Everett, Washington, shall not apply unless such limitation was expressly stated in a law which was enacted on or before September 30, 1987. Sec. 135.
(a)In addition to other military construction projects and land acquisition authorized by any other law for fiscal year 1988— 101 STAT. 1329–322
(1)the Secretary of the Navy may acquire real property and may increase military construction projects at Naval Air Station, Adak, Alaska, in the amount of $20,000,000;
(2)the Secretary of the Air Force may acquire real property and may carry out military construction projects at Hanscom Air Force Base, Massachusetts, in the amount of $15,000,000; and
(3)the Secretary of Defense may acquire real property and may carry out military construction projects at Falcon Air Force Station, Colorado, in the amount of $35,000,000.
(b)Funds are hereby authorized to be appropriated for fiscal year 1988 for the projects and land acquisitions described in subsection
(a)of this section. The amount authorized for each such project and land acquisition is the amount listed for each in paragraphs (1),
(2)and (3), respectively, of such subsection. This Act may be cited as the “Military Construction Appropriations Act, 1988”.
(k)Such amounts as may be necessary for programs, projects, or activities provided for in the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTRural Development, Agriculture, and Related Agencies Appropriations Act, 1988. Making appropriations for Rural Development, Agriculture, and Related Agencies programs for the fiscal year ending September 30, 1988, and for other purposes. **TITLE I—** **AGRICULTURAL PROGRAMS** Production, Processing and Marketing Office of the Secretary For necessary expenses of the Office of the Secretary of Agriculture, including the direct supervision of the Soil Conservation Service and the Forest Service, and not to exceed $50,000 for employment under 5 U.S.C. 3109, $1,466,000: *Provided,* That not to exceed $8,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary. investigation of large payments To enable the Secretary of Agriculture to investigate large paymentsReports. made under the provisions of the Food Security Act of 1985, and other laws, as to accuracy and legality and to submit a detailed report on such payments to the appropriate committees of the Congress, $100,000. Office of the Deputy Secretary For necessary expenses of the Office of the Deputy Secretary of Agriculture, including not to exceed $25,000 for employment under 5 U.S.C. 3109, $321,000: *Provided,* That not to exceed $3,000 of this amount shall be available for official reception and representation 101 STAT. 1329–323expenses, not otherwise provided for, as determined by the Deputy Secretary. Office of the Assistant Secretary for Special Services For necessary salaries and expenses to continue the Office of the Assistant Secretary for purposes of providing special services to the Department, $416,000: *Provided,* That none of these funds shall be available for the supervision of Natural Resources and Environment activities, the Soil Conservation Service, or the Forest Service. Office of the Assistant Secretary for Administration For necessary expenses of the Office of the Assistant Secretary for Administration to carry out the programs funded in this Act, $498,000. Rental Payments
(USDA)(including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Department of Agriculture which are included in this Act, $49,665,000, of which $3,000,000 shall be retained by the Department of Agriculture for non-recurring repairs as determined by the Department of Agriculture: *Provided,* That in the event an agency within the Department of Agriculture should require modification of space needs, the Secretary of Agriculture may transfer a share of that agency’s appropriation made available by this Act to this appropriation, or may transfer a share of this appropriation to that agency’s appropriation, but such transfers shall not exceed 10 per centum of the funds made available for space rental and related costs to or from this account. Building Operations and Maintenance For the operation, maintenance, and repair of Agriculture buildings pursuant to the delegation of authority from the Administrator of General Services authorized by 40 U.S.C. 486, $20,024,000, of which $3,245,000 is for one-time purchase of systems furniture. Advisory Committees
(USDA)For necessary expenses for activities of Advisory Committees of the Department of Agriculture which are included in this Act, $1,308,000: *Provided,* That no other funds appropriated to the Department of Agriculture in this Act shall be available to the Department of Agriculture for support of activities of Advisory Committees. Hazardous Waste Management (including transfers of funds) For necessary expenses of the Department of Agriculture, except for expenses of the Commodity Credit Corporation, to comply with the requirement of section 107g of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. 9607g, and section 6001 of the Resource Conservation and 101 STAT. 1329–324Recovery Act, as amended, 42 U.S.C. 6961, $2,000,000, to remain available until expended: *Provided,* That appropriations and funds available herein to the Department of Agriculture for hazardous waste management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Departmental Administration (including transfers of funds) For Budget and Program Analysis, $4,252,000; for Personnel, Finance and Management, Operations, Information Resources Management, Advocacy and Enterprise, and Administrative Law Judges and Judicial Officer, $20,642,000 and in addition, for payment of the USDA share of the National Communications System, $110,000; making a total of $25,004,000 for Departmental Administration to provide for necessary expenses for management support services to offices of the Department of Agriculture and for general administration and emergency preparedness of the Department of Agriculture, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 is for employment under 5 U.S.C. 3109: *Provided, *That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558. Working Capital Fund An amount of $5,708,000 is hereby appropriated to the Departmental Working Capital Fund to increase the Government’s equity in this fund and to provide for the purchase of automated data processing, data communication, and other related equipment necessary for the provision of Departmental centralized services to the agencies. Office of the Assistant Secretary for Governmental and Public Affairs For necessary expenses of the Office of the Assistant Secretary for Governmental and Public Affairs to carry out the programs funded in this Act, $347,000. public affairs For necessary expenses to carry on services relating to the coordination of programs involving public affairs, and for the dissemination of agricultural information and the coordination of information, work and programs authorized by Congress in the Department, $7,700,000, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 shall be available for employment under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used for farmers’ bulletins and not fewer than two hundred thirty-two thousand two hundred and fifty copies for the use of the Senate and 101 STAT. 1329–325House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by 44 U.S.C. 1301: *Provided,* That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225). congressional relations For necessary expenses for liaison with the Congress on legislative matters, $497,000. intergovernmental affairs For necessary expenses for programs involving intergovernmental affairs and liaison within the executive branch, $476,000. Office of the Inspector General For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), $48,795,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(8) of the Inspector General Act of 1978 (Public Law 95–452), and including a sum not to exceed $50,000 for employment under 5 U.S.C. 3109; and including a sum not to exceed $95,000 for certain confidential operational expenses including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–98. Office of the General Counsel For necessary expenses of the Office of the General Counsel, $18,734,000. Office of the Assistant Secretary for Economics For necessary expenses of the Office of the Assistant Secretary for Economics to carry out the programs funded in this Act, $484,000, Economic Research Service For necessary expenses of the Economic Research Service in conducting economic research and service relating to agricultural production, marketing, and distribution, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), and other laws, including economics of marketing; analyses relating to farm prices, income and population, and demand for farm products, use of resources in agriculture, adjustments, costs and returns in farming, and farm finance; research relating to the economic and marketing aspects of farmer cooperatives; and for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports, progress in economic development and its relation to sales of farm products, assembly and analysis of agricultural trade statistics and analysis of international financial and monetary programs and policies as they affect the competitive position of United States farm products, $48,186,000; of which not less than $200,000 shall be available for investigation, 101 STAT. 1329–326determination and finding as to the effect upon the production of food and upon the agricultural economy of any proposed action affecting such subject matter pending before the Administrator of the Environmental Protection Agency for presentation, in the public interest, before said Administrator, other agencies or before the courts: *Provided,* That not less than $350,000 of the funds contained in this appropriation shall be available to continue to gather statistics and conduct a special study on the price spread between the farmer and the consumer: *Provided further,* That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225): *Provided further,* That not less than $145,000 of the funds contained in this appropriation shall be available for analysis of statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis. National Agricultural Statistics Service For necessary expenses of the National Agricultural Statistics Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other laws, $61,176,000: *Provided,* That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109. World Agricultural Outlook Board For necessary expenses of the World Agricultural Outlook Board to coordinate and review all commodity and aggregate agricultural and food data used to develop outlook and situation material within the Department of Agriculture, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), $1,730,000: *Provided,* That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225). Office of the Assistant Secretary for Science and Education For necessary salaries and expenses of the Office of the Assistant Secretary for Science and Education to administer the laws enacted by the Congress for the Agricultural Research Service, Cooperative State Research Service, Extension Service, and National Agricultural Library, $386,000. Agricultural Research Service (including transfers of funds) For necessary expenses to enable the Agricultural Research Service to perform agricultural research and demonstration relating to production, utilization, marketing, and distribution (not otherwise provided for), home economics or nutrition and consumer use, and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, $538,884,000: *Provided,* That appro-101 STAT. 1329–327priations hereunder shall be available for temporary employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall be available for employment under 5 U.S.C. 3109: *Provided further,* That funds appropriated herein can be used to provide financial assistance to the organizers of national and international conferences, if such conferences are in support of agency programs. *Provided further, *[7 USC 2254](/us/usc/t7/s2254).That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: *Provided further,* That uniform allowances for each uniformed employee of the Agricultural Research Service shall not be in excess of $400 annually: *Provided further,* That of the appropriations hereunder not less than $10,526,600 shall be available[7 USC 2254](/us/usc/t7/s2254). to conduct marketing research: *Provided further,* That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided the cost of constructing any one building shall not exceed $150,000, except for headhouses connecting greenhouses which shall each be limited to $500,000, and except for ten buildings to be constructed or improved at a cost not to exceed $275,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building or $150,000 whichever is greater: *Provided further,* That the limitations on alterations contained in this Act shall not apply to a total of $250,000 for facilities at Beltsville, Maryland: *Provided further,* That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): *Provided further,* That the limitation on purchase of land shall not apply to the purchase of land at Fresno, California, or to the purchase of land at the Mahantango Research Watershed, Pennsylvania: *Provided further, *That not to exceed $190,000 of this appropriation may be transferred to and merged with the appropriation for the Office of the Assistant Secretary for Science and Education for the scientific review of international issues involving agricultural chemicals and food additives. Special fund: To provide for additional labor, subprofessional, and junior scientific help to be employed under contracts and cooperative agreements to strengthen the work at Federal research installations in the field, $1,800,000. buildings and facilities (including transfers of funds) For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities and for grants to States and other eligible recipients for such purposes, as necessary to carry out the agricultural research, extension and teaching programs of the Department of Agriculture, where not otherwise provided, $57,815,000, of which $7,500,000 shall not be obligated prior to fiscal year 1989: *Provided,* That these funds may be transferred to such other accounts in this Act as may be appropriate [20 USC 191](/us/usc/t20/s191) note.to carry out these purposes: *Provided further,* That facilities to house Bonsai collections at the National Arboretum may be constructed with funds accepted under the provisions of Public Law 94–129 (20 U.S.C. 195) and the limitation on construction contained 101 STAT. 1329–328in the Act of August 24, 1912 (40 U.S.C. 68) shall not apply to the construction of such facilities. Cooperative State Research Service For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, including $155,545,000 to carry into effect the provisions of the Hatch Act approved March 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a–361i), and further amended by Public Law 92–318 approved June 23, 1972, and further amended by Public Law 93–471 approved October 26, 1974, including administration by the United States Department of Agriculture, and penalty mail costs of agricultural experiment stations under section 6 of the Hatch Act of 1887, as amended, and payments under section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.); $17,500,000 for grants for cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a—582a–7), as amended by Public Law 92–318 approved June 23, 1972, including administrative expenses, and payments under section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.); $23,333,000 for payments to the 1890 land-grant colleges, including Tuskegee University, for research under section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (Public Law 95—113), as amended, including administration by the United States Department of Agriculture, and penalty mail costs of the 1890 land-grant colleges, including Tuskegee University; $31,185,000 for contracts and grants for agricultural research under the Act of August 4, 1965, as amended (7 U.S.C. 450i); $42,372,000 for competitive research grants, including administrative expenses; $5,476,000 for the support of animal health and disease programs authorized by section 1433 of Public Law 95–113, including administrative expenses; $675,000 for supplemental and alternative crops and products as authorized by the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d); $4,918,000 for grants for research and construction of facilities to conduct research pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and Agriculture Act of 1977, as amended (7 U.S.C. 3318), to remain available until expended; $475,000 for rangeland research grants as authorized by subtitle M of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended; $4,754,000 for higher education grants under section 1417(a) of Public Law 95–113, as amended (7 U.S.C. 3152(a)); $3,500,000 for grants as authorized by section 1475 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 and other Acts; $3,827,000 for grants to States for the establishment and operation of international trade development centers, as authorized by the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3292); $3,900,000 for low-input agriculture as authorized by the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 4701–4710); $2,100,000 for other grants as authorized by section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 3318); and $4,094,000 for necessary expenses of Cooperative State Research Service activities, including coordination and program leadership for higher education work of the Department, administration of payments to State agricultural experiment stations, funds for employment pursuant to 101 STAT. 1329–329the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; in all, $303,654,000. Extension Service (including transfers of funds) Payments to States, Puerto Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas and American Samoa: For payments for cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341–349), section 506 of the Act of June 23, 1972, and the Act of September 29, 1977 (7 U.S.C. 341–349), as amended, and section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.), to be distributed under sections 3(b) and 3(c) of said Act, for retirement and employees’ compensation costs for extension agents and for costs of penalty mail for cooperative extension agents and State extension directors, $241,594,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $58,635,000, of which $39,627,000 shall be derived by transfer from the appropriation “Food Stamp Program” and merged with this appropriation; payments for the urban gardening program under section 3(d) of the Act, $3,329,000; payments for the pest management program under section 3(d) of the Act, $7,164,000; payments for the farm safety program under section 3(d) of the Act, $970,000; payments for the pesticide impact assessment program under section 3(d) of the Act, $1,633,000; grants to upgrade 1890 land-grant college extension facilities as authorized by section 1416 of Public Law 99–198, $9,508,000, to remain available until expended; payments for an integrated reproductive management program under section 3(d) of the Act, $47,000; payments for the rural development centers under section 3(d) of the Act, $903,000; payments for extension work under section 209(c) of Public Law 93–471, $935,000; payments for a financial management assistance program under section 3(d) of the Act, $1,427,000; payments for carrying out the provisions of the Renewable Resource Extension Act of 1978, $2,765,000; for special grants for financially stressed farmers and dislocated farmers as authorized by section 1440 of Public Law 99–198, $3,350,000; and payments for extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321–326, 328) and Tuskegee University, $18,291,000; in all, $350,551,000, of which not less than $79,400,000 is for Home Economics: *Provided,* That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of the Act of June 23, 1972, as amended, shall not be paid to any State, Puerto Rico, Guam, or the Virgin Islands, Micronesia, Northern Marianas, and American Samoa prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year. Federal administration and coordination: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962, section 506 of the Act of June 23, 1972, section 209(d) of Public Law 93–471, and the Act of September 29, 1977 (7 U.S.C. 341–349), as amended, and section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.), and to coordinate and provide program leadership for the extension work 101 STAT. 1329–330of the Department and the several States and insular possessions, $7,412,000, of which not less than $2,300,000 is for Home Economics. National Agricultural Library For necessary expenses of the National Agricultural Library, $12,194,000: *Provided,* That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be available for employment under 5 U.S.C. 3109: *Provided further, *That not to exceed $575,000 shall be available pursuant to 7 U.S.C. 2250 for the alteration and repair of buildings and improvements: *Provided further,* That $370,000 shall be available for a grant pursuant to section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318). Office of the Assistant Secretary for Marketing and Inspection Services For necessary salaries and expenses of the Office of the Assistant Secretary for Marketing and Inspection Services to administer programs under the laws enacted by the Congress for the Animal and Plant Health Inspection Service, Food Safety and Inspection Service, Federal Grain Inspection Service, Agricultural Cooperative Service, Agricultural Marketing Service (including Office of Transportation) and Packers and Stockyards Administration, $363,000. Animal and Plant Health Inspection Service salaries and expenses (including transfers of funds) For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947, as amended (21 U.S.C. 114b–c), necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; to discharge the authorities of the Secretary of Agriculture under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b); and to protect the environment, as authorized by law, $329,330,000; of which $4,500,000 shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds to the extent necessary to meet emergency conditions: *Provided,* That $1,000,000 of the funds for control of the fire ant shall be placed in reserve for matching purposes with States which may come into the program: *Provided further,* That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 per centum: *Provided further, *That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109: *Provided further,* That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed two, of which one shall be for replacement only: *Provided further,* That uniform allowances 101 STAT. 1329–331for each uniformed employee of the Animal and Plant Health Inspection Service shall not be in excess of $400 annually: *Provided further,*[21 USC 129](/us/usc/t21/s129). That, in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious diseases or pests of animals, poultry, or plants, and for expenses in accordance with the Act of February 28, 1947, as amended, and section 102 of the Act of September 21, 1944, as amended, and any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred [7 USC 426c](/us/usc/t7/s426c).amounts: *Provided further,* That hereafter, the Secretary of Agriculture is authorized, except for urban rodent control, to conduct activities and to enter into agreements with States, local jurisdictions, individuals, and public and private agencies, organizations, and institutions in the control of nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases, and to deposit any money collected under any such agreement into the appropriation accounts that incur the costs to be available immediately and to remain available until expended for Animal Damage Control activities. buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 428a, $2,246,000. Food Safety and Inspection Service For necessary expenses to carry on services authorized by the Federal Meat Inspection Act, as amended, and the Poultry Products Inspection Act, as amended, $392,009,000: *Provided,* That this appropriation shall be available for field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109: *Provided further,* That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building. Federal Grain Inspection Service salaries and expenses For necessary expenses to carry out the provisions of the United States Grain Standards Act, as amended, and the standardization activities related to grain under the Agricultural Marketing Act of 1946, as amended, including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $20,000 for employment under 5 U.S.C. 3109, $7,020,000: *Provided, *That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but, unless otherwise provided, the cost of altering any one building 101 STAT. 1329–332during the fiscal year shall not exceed 10 per centum of the current replacement value of the building: *Provided further,* That none of the funds provided by this Act may be used to pay the salaries of any person or persons who require, or who authorize payments from fee-supported funds to any person or persons who require nonexport, nonterminal interior elevators to maintain records not involving official inspection or official weighing in the United States under Public Law 94–582 other than those necessary to fulfill the purposes of such Act. inspection and weighing services limitation on inspection and weighing services expenses Not to exceed $36,856,000 (from fees collected) shall be obligated during the current fiscal year for Inspection and Weighing Services. Agricultural Cooperative Service For necessary expenses to carry out the Cooperative Marketing Act of July 2, 1926 (7 U.S.C. 451–457), and for activities relating to the marketing aspects of cooperatives, including economic research and analysis and the application of economic research findings, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), and for activities with institutions or organizations throughout the world concerning the development and operation of agricultural cooperatives (7 U.S.C. 3291), $4,611,000; of which $99,000 shall be available for a field office in Hawaii: *Provided,* That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $15,000 shall be available for employment under 5 U.S.C. 3109. Agricultural Marketing Service marketing services For necessary expenses to carry on services related to consumer protection, agricultural marketing and distribution and regulatory programs as authorized by law, and for administration and coordination of payments to States; including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $70,000 for employment under 5 U.S.C. 3109, $32,409,000; of which not less than $1,591,000 shall be available for the Wholesale Market Development Program for the design and development of wholesale and farmer market facilities for the major metropolitan areas of the country: *Provided,* That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but, unless otherwise provided, the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building. limitation on administrative expenses Not to exceed $30,628,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses. 101 STAT. 1329–333 funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for:
(1)transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956;
(2)transfers otherwise provided in this Act; and
(3)not more than $7,601,000 for formulation and administration of Marketing Agreements and Orders pursuant to the Agricultural Marketing Agreement Act of 1937, as amended, and the Agricultural Act of 1961. payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $942,000. Office of Transportation For necessary expenses to carry on services related to agricultural transportation programs as authorized by law; including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $20,000 for employment under 5 U.S.C. 3109, $2,397,000: *Provided,* That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but, unless otherwise provided, the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building. Packers and Stockyards Administration For necessary expenses for administration of the Packers and Stockyards Act, as authorized by law, and for certifying procedures used to protect purchasers of farm products, including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $5,000 for employment under 5 U.S.C. 3109, $9,402,000. Farm Income Stabilization Office of the Under Secretary for International Affairs and Commodity Programs For necessary salaries and expenses for the Office of the Under Secretary for International Affairs and Commodity Programs to administer the laws enacted by Congress for the Agricultural Stabilization and Conservation Service, Office of International Cooperation and Development, Foreign Agricultural Service, and the Commodity Credit Corporation, $524,000. 101 STAT. 1329–334 Agricultural Stabilization and Conservation Service salaries and expenses (including transfers of funds) For necessary administrative expenses of the Agricultural Stabilization and Conservation Service, including expenses to formulate and carry out programs authorized by title III of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1301–1393); the Agricultural Act of 1949, as amended (7 U.S.C. 1421 et seq.); sections 7 to 15, 16(a), 16(0, and 17 of the Soil Conservation and Domestic Allotment Act, as amended and supplemented (16 U.S.C. 590g–590o, 590p(a), 590p(D, and 590q); sections 1001 to 1004, 1006 to 1008, and 1010 of the Agricultural Act of 1970 as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501 to 1504, 1506 to 1508, and 1510); the Water Bank Act, as amended (16 U.S.C. 1301–1311); the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101); sections 202(c) and 205 of title II of the Colorado River Basin Salinity Control Act of 1974, as amended (43 U.S.C. 1592(c), 1595); sections 401, 402, and 404 to 406 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 to 2205); the United States Warehouse Act, as amended (7 U.S.C. 241–273); and laws pertaining to the Commodity Credit Corporation, not to exceed $565,000,000, to be derived by transfer from the Commodity Credit Corporation fund: *Provided, *That other funds made available to the Agricultural Stabilization and Conservation Service for authorized activities may be advanced to and merged with this account: *Provided further,* That these funds shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109: *Provided further,* That no part of the funds made available under this Act shall be used
(1)to influence the vote in any referendum;
(2)to influence agricultural legislation, except as permitted in 18 U.S.C. 1913; or
(3)for salaries or other expenses of members of county and community committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, for engaging in any activities other than advisory and supervisory duties and delegated program functions prescribed in administrative regulations. dairy indemnity program (including transfers of funds) For necessary expenses involved in making indemnity payments to dairy farmers for milk or cows producing such milk and manufacturers of dairy products who have been directed to remove their milk or dairy products from commercial markets because it contained residues of chemicals registered and approved for use by the Federal Government, and in making indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of
(1)the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or
(2)residues of chemicals or toxic substances not included under the first sentence of the Act of August 13, 1968, as amended (7 U.S.C. 101 STAT. 1329–335450j), if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer, $95,000: *Provided,* That none of the funds contained in this Act shall be used to make indemnity payments to any farmer whose milk was removed from commercial markets as a result of his willful failure to follow procedures prescribed by the Federal Government: *Provided,* That this amount shall be transferred to the Commodity Credit Corporation: *Provided further,* That the Secretary is authorized to utilize the services, facilities, and authorities of the Commodity Credit Corporation for the purpose of making dairy indemnity disbursements. CORPORATIONS Contracts.The following corporations and agencies are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided: Federal Crop Insurance Corporation administrative and operating expenses For administrative and operating expenses, as authorized by the Federal Crop Insurance Act, as amended (7 U.S.C. 1516), $200,000,000: *Provided,* That not to exceed $700 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i). federal crop insurance corporation fund For payments as authorized by section 508(b) of the Federal Crop Insurance Act, as amended, $228,523,000. Commodity Credit Corporation operating expenses Notwithstanding any other provision of law, for operating expenses as authorized by the Charter of the Commodity Credit Corporation (15 U.S.C. 714) to be available for financing the Corporation’s programs and activities only as follows: Deficiency payments, $6,116,000,000; Export guarantee loan claims, $711,386,000; Commodity purchases, $1,150,875,000; Crop insurance, $200,000,000; Storage and handling payments, $1,343,166,000; Transportation of commodities, $185,464,000; Processing and packaging of commodities, $105,065,000; Producer storage payments, $609,801,000; Loan collateral settlements, $142,236,000;101 STAT. 1329–336 Whole herd buy out payments (dairy termination program), $218,000,000; Interest payments to the United States Treasury, $1,468,860,000; Working capital, $1,500,000,000; Prior year losses, $1,422,400,000; Other expenses, $5,292,046,000; Operating expenses, $541,691,000; Special activities (wool program), $126,108,000; Support of advisory committees or commissions, including travel or per diem expenses, $560,000:18 18 Copy read “$560,000;”. *Provided,* That such provisions shall not interfere with the Commodity Credit Corporation’s discharge of its corporate responsibilities: *Provided further,* That not to exceed 7 per centum of the funds made available for any program or activity may be transferred to another program or activity as provided by existing law: *Provided further, *That notwithstanding any other provision of law, the Commodity Credit Corporation shall pay an interest penalty, determined on the basis of the provisions of the Prompt Payment Act (31 U.S.C. 3901 et seq.), on the amount of all payments and price support loans which the Commodity Credit Corporation is obligated to make if payment is not made by the required payment date. This provisionEffective date. shall be applicable to all such payments for obligations incurred after January 1, 1988. increase in borrowing authority Section 4(i) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(i)) is amended by striking out “$25,000,000,000” and inserting in lieu thereof “$30,000,000,000”. Section 4 of the Act of March 8, 1938 (15 U.S.C. 713a–4) is amended by striking out “$25,000,000,000” and inserting in lieu thereof “$$30,000,000,000”. short-term export credit The Commodity Credit Corporation shall make available not less than $5,000,000,000 in credit guarantees under its export credit guarantee program for short-term credit extended to finance the export sales of United States agricultural commodities and the products thereof, as authorized by section 1125(b) of the Food Security Act of 1985 (Public Law 99–198). intermediate export credit The Commodity Credit Corporation shall make available not less than $500,000,000 in credit guarantees under its export guarantee program for intermediate-term credit extended to finance the export sales of United States agricultural commodities and the products thereof, as authorized by section 113(3)(B) of the Food Security Act of 1985 (Public Law 99–198). 101 STAT. 1329–337 general sales manager (including transfers of funds) Not to exceed $7,157,000 may be transferred from the Commodity Credit Corporation funds to support the General Sales Manager, of which up to $4,000,000 shall be available only for the purpose of selling surplus agricultural commodities from Commodity Credit Corporation inventory in world trade at competitive prices for the purpose of regaining and retaining our normal share of world markets. The General Sales Manager shall report directly to the Reports.Secretary of Agriculture. The General Sales Manager shall obtain, assimilate, and analyze all available information on developments related to private sales, as well as those funded by the Corporation, including grade and quality as sold and as delivered, including information relating to the effectiveness of greater reliance by the General Sales Manager upon loan guarantees as contrasted to direct loans for financing commercial export sales of agricultural commodities out of private stocks on credit terms, as provided in titles I and II of the Agricultural Trade Act of 1978, Public Law 95–501, and shall submit quarterly reports to the appropriate committees of Congress concerning such developments. **TITLE II—** **RURAL DEVELOPMENT PROGRAMS** Rural Development Assistance Office of the Under Secretary for Small Community and Rural Development For necessary salaries and expenses for the Office of the Under Secretary for Small Community and Rural Development to administer programs under the laws enacted by the Congress for the Farmers Home Administration, Rural Electrification Administration, Federal Crop Insurance Corporation, and rural development activities of the Department of Agriculture, $440,000. Farmers Home Administration rural housing insurance fund From funds in the Rural Housing Insurance Fund, and for insured loans as authorized by title V of the Housing Act of 1949, as amended, $1,844,990,000, of which not less than $1,794,420,000 shall be for subsidized interest loans to low-income borrowers, as determined by the Secretary, and for subsequent loans to existing borrowers or to purchasers under assumption agreements or credit sales; and not to exceed $10,000,000 to enter into collection and servicing contracts pursuant to the provisions of section 3(f)(3) of the Federal Claims Act of 1966 (31 U.S.C. 3718). For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949, as amended, total new obligations shall not exceed $275,310,000, to be added to and merged with the authority provided for this purpose in prior fiscal years: *Provided,* That of this amount not to exceed $109,918,000 is available for newly constructed units financed by section 515 of the Housing Act of 1949, as amended, and 101 STAT. 1329–338not less than $5,082,000 is for newly constructed units financed under sections 514 and 516 of the Housing Act of 1949: *Provided further,* That $160,310,000 is available for expiring agreements and for servicing of existing units without agreements: *Provided further, *That agreements entered into or renewed during fiscal year 1988 shall be funded for a five-year period, although the life of any such agreement may be extended to fully utilize amounts obligated: *Provided further,* That agreements entered into or renewed during fiscal years 1984, 1985, 1986, and 1987, may also be extended beyond five years to fully utilize amounts obligated. For an additional amount to reimburse the Rural Housing Insurance Fund for interest subsidies and losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of title V of the Housing Act of 1949, as amended (42 U.S.C. 1483, 1487(e), and 1490a(c)), including $2,185,000 as authorized by section 521(c) of the Act; $2,964,249,000. For an additional amount as authorized by section 521(c) of the Act such sums as may be necessary to reimburse the fund to carry out a rental assistance program under section 521(a)(2) of the Housing Act of 1949, as amended. self-help housing land development fund For direct loans pursuant to section 523(b)(1)(B) of the Housing Act of 1949, as amended (42 U.S.C. 1490c), $500,000 shall be available from funds in the Self-Help Housing Land Development Fund. agricultural credit insurance fund (including transfers of funds) For direct and guaranteed loans as authorized by 7 U.S.C. 1928–1929, to be available from funds in the Agricultural Credit Insurance Fund, as follows: farm ownership loans, $505,000,000, of which $390,000,000 shall be guaranteed loans; $14,000,000 for water development, use, and conservation loans, of which $3,000,000 shall be guaranteed loans; operating loans, $3,300,000,000, of which 2,400,000,000 shall be guaranteed loans; Indian tribe land acquisition loans as authorized by 25 U.S.C. 488, $2,000,000; and for emergency insured and guaranteed loans, $600,000,000 to meet the needs resulting from natural disasters, of which $12,000,000 shall be transferred to the Commodity Credit Corporation for payments to be made to cover the difference between the partial payment and the amount of the full claim under provisions of the Farm Disaster Assistance Act of 1987 (Public Law 100–45): *Provided,* That notwithstanding any provision of law the Secretary shall execute and deliver a quit claim deed to Tennessee State University for approximately ninety acres obtained by foreclosure and recorded in book 233, page 56 of the register of deeds of Warren County, Tennessee. For an additional amount to reimburse the Agricultural Credit Insurance Fund for interest subsidies and losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1988(a)), $3,627,153,000. rural development insurance fund For direct and guaranteed loans as authorized by 7 U.S.C. 1928 and 86 Stat. 661–664, to be available from funds in the Rural 101 STAT. 1329–339Development Insurance Fund, as follows: insured water and sewer facility loans, $330,380,000; guaranteed industrial development loans, $95,700,000; and insured community facility loans, $95,700,000. For an additional amount to reimburse the Rural Development Insurance Fund for interest subsidies and losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1988(a)), $842,682,000. rural development loan fund For direct loans to intermediary borrowers, $14,000,000, as authorized under the Rural Development Loan Fund (42 U.S.C. 9812(a)), to be available from funds in the Rural Development Loan Fund, $6,500,000 and from funds transferred from the Rural Development Insurance Fund, $7,500,000: *Provided,* That such funds be made available within six months of enactment and that a priority be given applications serving rural communities in economic distress or from organizations experienced in administering rural economic development programs. rural water and waste disposal grants For grants pursuant to sections 306(a)(2) and 306(a)(6) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), $109,395,000, to remain available until expended, pursuant to section 306(d) of the above Act. very low-income housing repair grants For grants to the very low-income elderly for essential repairs to dwellings pursuant to section 504 of the Housing Act of 1949, as amended, $12,500,000. rural housing for domestic farm labor For financial assistance to eligible nonprofit organizations for housing for domestic farm labor, pursuant to section 516 of the Housing Act of 1949, as amended (42 U.S.C. 1486), $9,513,000. mutual and self-help housing For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $8,000,000. rural community fire protection grants For grants pursuant to section 7 of the Cooperative Forestry Assistance Act of 1978 (Public Law 95–313), $3,091,000 to fund up to 50 per centum of the cost of organizing, training, and equipping rural volunteer fire departments. compensation for construction defects For compensation for construction defects as authorized by section 509(c) of the Housing Act of 1949, as amended, $713,000 101 STAT. 1329–340 rural housing preservation grants For grants for rural housing preservation as authorized by section 552 of the Housing and Urban-Rural Recovery Act of 1983 (Public Law 98–181), $19,140,000. rural development grants For grants authorized under section 310(B)(c) (7 U.S.C. 1932) to any qualified public or private nonprofit organization, $6,500,000: *Provided,* That such funds shall be made available within six months of date of enactment and that a priority be given to applications from rural areas in economic distress or from organizations with previous experience in administering rural economic development programs: *Provided further,* That $3,000,000 shall be available for planning and construction costs in connection with establishment of a rural industrialization technology center in Pontotoc County, Oklahoma. office of the administrator For necessary salaries and expenses of the Office of the Administrator of the Farmers Home Administration, $600,000: *Provided, *That no other funds in this Act shall be available for this Office. salaries and expenses (including transfers of funds) For necessary expenses of the Farmers Home Administration, not otherwise provided for, in administering the programs authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 1921— 2000), as amended; title V of the Housing Act of 1949, as amended (42 U.S.C. 1471–1490o); the Rural Rehabilitation Corporation Trust Liquidation Act, approved May 3, 1950 (40 U.S.C. 440–444), for administering the loan program authorized by title III A of the Economic Opportunity Act of 1964 (Public Law 88–452 approved August 20, 1964), as amended, and such other programs which the Farmers Home Administration has the responsibility for administering, $407,634,000, together with not more than $3,000,000 of the charges collected in connection with the insurance of loans as authorized by section 309(a) of the Consolidated Farm and Rural Development Act, as amended, and section 517(i) of the Housing Act of 1949, as amended, or in connection with charges made on borrowers under section 502(a) of the Housing Act of 1949, as amended: *Provided,* That, in addition, not to exceed $1,000,000 of the funds available for the various programs administered by this agency may be transferred to this appropriation for temporary field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), to meet unusual or heavy workload increases: *Provided further,* That not to exceed $500,000 of this appropriation may be used for employment under 5 U.S.C. 3109: *Provided further, *That not to exceed $2,675,000 of this appropriation shall be available for contracting with the National Rural Water Association or other equally qualified national organization for a circuit rider program to provide technical assistance for rural water systems: *Provided further,* That, in addition to any other authority that the Secretary[7 USC 1981a](/us/usc/t7/s1981a) note. may have to defer principal and interest and forego foreclosure, the 101 STAT. 1329–341Secretary may permit, at the request of the borrower, the deferral of principal and interest on any outstanding loan made, insured, or held by the Secretary under this title, or under the provisions of any other law administered by the Farmers Home Administration, and may forego foreclosure of any such loan, for such period as the Secretary deems necessary upon a showing by the borrower that due to circumstances beyond the borrower’s control, the borrower is temporarily unable to continue making payments of such principal and interest when due without unduly impairing the standard of living of the borrower. The Secretary may permit interest that accrues during the deferral period on any loan deferred under this section to bear no interest during or after such period: *Provided further,*19 19 Copy read “*Provided*.”. That, if the security instrument securing such loan is foreclosed, such interest as is included in the purchase price at such foreclosure shall become part of the principal and draw interest from the date of foreclosure at the rate prescribed by law. city of lincoln The area within the present city limits of the city of Lincoln, Burleigh County, State of North Dakota, and the southeast quarter (SE¼) of section eighteen (18), township one hundred thirty-eight
(138)north, range seventy-nine
(79)west, Burleigh County, North Dakota, shall continue to be eligible for loans and payments administered by the Farmers Home Administration through the Rural Housing Insurance Fund. Rural Electrification Administration To carry into effect the provisions of the Rural Electrification Act of 1936, as amended (7 U.S.C. 901–950(b)), as follows: rural electrification and telephone revolving fund loan authorizations Insured loans pursuant to the authority of section 305 of the Rural Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made as follows: rural electrification loans, not less than $622,050,000 nor more than $933,075,000; and rural telephone loans, not less than $239,250,000 nor more than $311,025,000; to remain available until expended: *Provided,* That loans made pursuant to section 306 of that Act are in addition to these amounts but during fiscal year 1988 total commitments to guarantee loans pursuant to section 306 shall be not less than $933,075,000 nor more than $2,100,615,000 of contingent liability for total loan principal: *Provided further,* That as a condition of approval of insured electric loans during fiscal year 1988, borrowers shall obtain concurrent supplemental financing in accordance with the applicable criteria and ratios in effect as of July 15, 1982: *Provided further,* That no funds appropriated in this Act may be used to deny or reduce loans or loan advances based upon a borrower’s level of general funds. 101 STAT. 1329–342 reimbursement to the rural electrification and telephone revolving fund For an additional amount to reimburse the rural electrification and telephone revolving fund for interest subsidies and losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Rural Electrification Act of 1936, as amended (7 U.S.C. 901–950(b)), $327,675,000. rural telephone bank For the purchase of Class A stock of the Rural Telephone Bank, $28,710,000, to remain available until expended (7 U.S.C. 901–950(b)). The Rural Telephone Bank is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out its authorized programs for the current fiscal year. During fiscal year 1988, and within the resources and authority available, gross obligations for the principal amount of direct loans shall be not less than $177,045,000 nor more than $210,540,000. rural communication development fund To reimburse the Rural Communication Development Fund for interest subsidies and losses sustained in prior years, but not previously reimbursed, in making Community Antenna Television loans and loan guarantees under sections 306 and 31 OB of the Consolidated Farm and Rural Development Act, as amended, $1,309,000. office of the administrator For necessary salaries and expenses of the Office of the Administrator of the Rural Electrification Administration, $155,000: *Provided,* That no other funds in this Act shall be available for this Office. salaries and expenses For administrative expenses to carry out the provisions of the Rural Electrification Act of 1936, as amended (7 U.S.C. 901–950(b)), and to administer the loan and loan guarantee programs for Community Antenna Television facilities as authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 1921–1995), and for which commitments were made prior to fiscal year 1988, including not to exceed $7,000 for financial and credit reports, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $103,000 for employment under 5 U.S.C. 3109, $30,713,000. 101 STAT. 1329–343 Conservation Soil Conservation Service conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–590f) including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100; purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $398,670,000, of which not less than $5,379,000 is for snow survey and water forecasting and not less than $4,856,000 is for operation and establishment of the plant materials centers: *Provided,* That of the foregoing amounts not less than $310,000,000 is for personnel compensation and benefits: *Provided further,* That the Chief of the Soil Conservation Service shall report directly to the Secretary of Agriculture: [16 USC 590e–1](/us/usc/t16/s590e–1).*Provided further,* That the cost of any permanent building, purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and connecting the same to any such building and with the exception of buildings acquired in conjunction with land being purchased for other purposes, shall not exceed $10,000, except for one building to be constructed at a cost not to exceed $100,000 and eight buildings to be constructed or improved at a cost not to exceed $50,000 per building and except that alterations or improvements to other existing permanent buildings costing $5,000 or more may be made in any fiscal year in an amount not to exceed $2,000 per building: *Provided further,* That when buildings or other structures are erected on non-Federal land that the right to use such land is obtained as provided in 7 U.S.C. 2250a: *Provided further,* That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 (16 U.S.C. 590a–590f) in demonstration projects: *Provided further,* That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109: *Provided further,* [16 USC 590e–2](/us/usc/t16/s590e–2).That qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the Service (16 U.S.C. 590e–2): *Provided further,* That none of the funds in this Act shall be used for the purpose of consolidating equipment, personnel, or services of the Soil Conservation Service’s national technical centers in Portland, Oregon; Lincoln, Nebraska; Chester, Pennsylvania; and Fort Worth, Texas, into a single national technical center. river basin surveys and investigations For necessary expenses to conduct research, investigations, and surveys of the watersheds of rivers and other waterways, in accordance with section 6 of the Watershed Protection and Flood Preven-101 STAT. 1329–344tion Act approved August 4, 1954, as amended (16 U.S.C. 1006–1009), $12,051,000: *Provided,* That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109. watershed planning For necessary expenses for small watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001–1008), $8,651,000: *Provided,* That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109. watershed and flood prevention operations For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, rehabilitation of existing works and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act approved August 4, 1954, as amended (16 U.S.C. 1001–1005, 1007–1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), and in accordance with the provisions of laws relating to the activities of the Department, $165,873,000 (of which $26,271,000 shall be available for the watersheds authorized under the Flood Control Act approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supplemented): *Provided,* That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $3,500,000 shall be available for emergency measures as provided by sections 403–405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203–2205), and not to exceed $200,000 shall be available for employment under 5 U.S.C. 3109: *Provided further,* That $7,949,000 in loans may be insured, or made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (7 U.S.C. 1931): *Provided further,* That not to exceed $1,000,000 of this appropriation is available to carry out the purposes of the Endangered Species Act of 1973 (Public Law 93–205), as amended, including cooperative efforts as contemplated by that Act to relocate endangered or threatened species to other suitable habitats as may be necessary to expedite project construction. resource conservation and development For necessary expenses in planning and carrying out projects for resource conservation and development and for sound land use pursuant to the provisions of section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended (7 U.S.C. 1010–1011; 76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), and the provisions of the Agriculture and Food Act of 1981 (16 U.S.C. 3451–3461), $25,120,000: *Provided,* That $1,207,000 in loans may be insured, or made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (7 U.S.C. 1931): *Provided further,* That this appropriation 101 STAT. 1329–345shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109. great plains conservation program For necessary expenses to carry into effect a program of conservation in the Great Plains area, pursuant to section 16(b) of the Soil Conservation and Domestic Allotment Act, as added by the Act of August 7, 1956, as amended (16 U.S.C. 590p(b)), $20,474,000, to remain available until expended (16 U.S.C. 590p(b)(7)). Agricultural Stabilization and Conservation Service agricultural conservation program (including transfers of funds) For necessary expenses to carry into effect the program authorized in sections 7 to 15, 16(a), 16(f), and 17 of the Soil Conservation and Domestic Allotment Act approved February 29, 1936, as amended and supplemented (16 U.S.C. 590g–590o, 590p(a), 590p(f), and 590q), and sections 1001–1004, 1006–1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501–1504, 1506–1508, and 1510), and including not to exceed $15,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $176,935,000, to remain available until expended (16 U.S.C. 590o) for agreements, excluding administration but including technical assistance and related expenses, except that no participant in the Agricultural Conservation Program shall receive more than $3,500 per year, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or improve the agricultural resources of the community, or where a participant has a long-term agreement, in which case the total payment shall not exceed the annual payment limitation multiplied by the number of years of the agreement: *Provided,* That no portion of the funds for the current year’s program may be utilized to provide financial or technical assistance for drainage on wetlands now designated as Wetlands Types 3
(III)through 20
(XX)in United States Department of the Interior, Fish and Wildlife Circular 39, Wetlands of the United States, 1956: *Provided further,* That such amounts shall be available for the purchase of seeds, fertilizers, lime, trees, or any other conservation materials, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out approved farming practices as authorized by the Soil Conservation and Domestic Allotment Act, as amended, as determined and recommended by the county committees, approved by the State committees and the Secretary, under programs provided for herein: *Provided further,* That such assistance will not be used for carrying out measures and practices that are primarily production-oriented or that have little or no conservation or pollution abatement benefits: *Provided further,* That not to exceed 5 per centum of the allocation for the current year’s program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation 101 STAT. 1329–346Service for services of its technicians in formulating and carrying out the Agricultural Conservation Program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public agency for the same purpose and under the same conditions: *Provided further,* That for the current year’s program $2,500,000 shall be available for technical assistance in formulating and carrying out rural environmental practices: *Provided further,* That no part of any funds available to the Department, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be used in the current fiscal year for the payment of salary or travel expenses of any person who has been convicted of violating the Act entitled “An Act to prevent pernicious political activities” approved August 2, 1939, as amended, or who has been found in accordance with the provisions of title 18 U.S.C. 1913 to have violated or attempted to violate such section which prohibits the use of Federal appropriations for the payment of personal services or other expenses designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper official channels. forestry incentives program For necessary expenses, not otherwise provided for, to carry out the program of forestry incentives, as authorized in the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical assistance and related expenses, $11,891,000, to remain available until expended, as authorized by that Act. water bank program For necessary expenses to carry into effect the provisions of the Water Bank Act (16 U.S.C. 1301–1311), $8,371,000, to remain available until expended. emergency conservation program For necessary expenses to carry into effect the program authorized in sections 401, 402, and 404 of title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201–2205), $1,000,000, to remain available until expended, as authorized by 16 U.S.C. 2204. colorado river basin salinity control program For necessary expenses for carrying out the purposes of section 202 of title II of the Colorado River Basin Salinity Control Act, as amended (43 U.S.C. 1592), to be used to reduce salinity in the Colorado River and to enhance the supply and quality of water available for use in the United States and the Republic of Mexico, $4,904,000, for investigations and surveys, for technical assistance in developing conservation practices and in the preparation of salinity control plans, for the establishment of on-farm irrigation management systems, including related lateral improvement measures, for making cost-share payments to agricultural landowners and opera-101 STAT. 1329–347tors, Indian tribes, irrigation districts and associations, local governmental and nongovernmental entities, and other landowners to aid them in carrying out approved conservation practices as determined and recommended by the county committees, approved by the State committees and the Secretary, and for associated costs of program planning, information and education, and program monitoring and evaluation: *Provided,* That the Soil Conservation Service shall provide technical assistance and the Agricultural Stabilization and Conservation Service shall provide administrative services for the program, including but not limited to, the negotiation and administration of agreements and the disbursement of payments: *Provided further,* That such program shall be coordinated with the regular Agricultural Conservation Program and with research programs of other agencies. conservation reserve program (including transfers of funds) For necessary expenses to carry out the Conservation Reserve Program pursuant to the Food Security Act of 1985 (16 U.S.C. 3881–3845), $1,131,000,000, to remain available until expended, to be used for Commodity Credit Corporation expenditures for cost-share assistance for the establishment of conservation practices, for annual rental payments, and for technical assistance: *Provided, *That 4 per centum of the funds available for the conservation reserve program in this Act shall be transferred to the conservation operations account of the Soil Conservation Service for services of its technicians in carrying out the conservation programs of the Food Security Act of 1985: *Provided further,* That none of the funds in this Act may be used to enter into new contracts that are in excess of the prevailing local rental rates for an acre of comparable land: *Provided further,* That funds appropriated by this Act for the Conservation Reserve Program shall be used to the extent necessary to reimburse fully the Commodity Credit Corporation for conservation reserve costs financed by the Corporation during the period of the Continuing Resolutions, Public Laws 100–120 and 100–162. **TITLE III—** **DOMESTIC FOOD PROGRAMS** Office of the Assistant Secretary for Food and Consumer Services For necessary salaries and expenses of the Office of the Assistant Secretary for Food and Consumer Services to administer the laws enacted by the Congress for the Food and Nutrition Service and the Human Nutrition Information Service, $365,000. Food and Nutrition Service child nutrition programs (including transfers of funds) For necessary expenses to carry out the National School Lunch Act (42 U.S.C. 1751–1769b, except 1766(i)), and the applicable provisions other than sections 3, 17, 18, and 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1773–1785, and 1788–1789); $4,497,629,000, to 101 STAT. 1329–348remain available through September 30, 1989, of which $679,826,000 is hereby appropriated and $3,817,803,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): *Provided,* That funds appropriated for the[42 USC 1776a](/us/usc/t42/s1776a). purpose of section 7 of the Child Nutrition Act of 1966 shall be allocated among the States but the distribution of such funds to an individual State is contingent upon that State’s agreement to participate in studies and surveys of programs authorized under the National School Lunch Act and the Child Nutrition Act of 1966, when such studies and surveys have been directed by the Congress and requested by the Secretary of Agriculture: *Provided further, *That if the Secretary of Agriculture determines that a State’s[42 USC 1776b](/us/usc/t42/s1776b). administration of any program under the National School Lunch Act or the Child Nutrition Act of 1966 (other than section 17), or the regulations issued pursuant to these Acts, is seriously deficient, and the State fails to correct the deficiency within a specified period of time, the Secretary may withhold from the State some or all of the funds allocated to the State under section 7 of the Child Nutrition Act of 1966 and under section 13(k)(1) of the National School Lunch Act; upon a subsequent determination by the Secretary that the programs are operated in an acceptable manner some or all of the funds withheld may be allocated: *Provided further,* That only final reimbursement claims for service of meals, supplements, and milk submitted to State agencies by eligible schools, summer camps, institutions, and service institutions within sixty days following the month for which the reimbursement is claimed shall be eligible for reimbursement from funds appropriated under this Act. States mayReports. receive program funds appropriated under this Act for meals, supplements, and milk served during any month only if the final program operations report for such month is submitted to the Department within ninety days following that month. Exceptions to these claims or reports submission requirements may be made at the discretion of the Secretary. special milk program For necessary expenses, to carry out the special milk program, as authorized by section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772), $21,500,000, to remain available through September 30, 1989. Only final reimbursement claims for milk submitted to State agencies within sixty days following the month for which the reimbursement is claimed shall be eligible for reimbursement from funds appropriated under this Act. States may receive program fundsReports. appropriated under this Act only if the final program operations report for such month is submitted to the Department within ninety days following that month. Exceptions to these claims or reports submission requirements may be made at the discretion of the Secretary. special supplemental food program for women, infants, and children
(wic)For necessary expenses to carry out the special supplemental food program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $1,802,363,000, to remain available through September 30, 1989. 101 STAT. 1329–349 study of medicaid savings for newborns from wic program
(a)[42 USC 1786](/us/usc/t42/s1786) note. Study.— The Secretary of Agriculture shall conduct a national study of savings in the amount of assistance provided to families with newborns under State plans for medical assistance approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and State indigent health care programs, during the first 60-day period after birth, as the result of the prenatal participation of mothers in the special supplemental food program authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
(b)Report.— Not later than February 1, 1990, the Secretary shall submit to Congress a report that describes the results of the study conducted under subsection (a).
(c)Funding.— This section shall be carried out using funds made available under section 17(g)(3) of the Child Nutrition Act of 1966. commodity supplemental food program For necessary expenses to carry out the commodity supplemental food program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)), including not less than $8,000,000 for the projects in Detroit, New Orleans, and Des Moines, $50,000,000: *Provided,* That funds available above those needed to serve 145,000 women, infants, and children and 80,000 elderly persons in States operating projects in 1987 shall be used to fund additional women, infants, and children in projects in States without projects in 1987: *Provided further,* That funds provided herein shall remain available through September 30, 1989: *Provided further,* That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program. food stamp program For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 2011–2027, 2028, 2029), $13,557,757,000: *Provided,* That funds provided herein shall remain available through September 30, 1988 in accordance with section 18(a) of the Food Stamp Act: *Provided further,* That up to 5 per centum of the foregoing amount may be placed in reserve to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, for use only in such amounts and at such times as may become necessary to carry out program operations: *Provided further,* That funds provided herein shall be expended in accordance with section 16 of the Food Stamp Act: *Provided further,* That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: *Provided further,* That $345,000,000 of the funds provided herein shall be available only to the extent necessary after the Secretary has employed the regulatory and administrative methods available to him under the law to curtail fraud, waste, and abuse in the program: *Provided further,* That $879,250,000 of the foregoing amount shall be available for Nutrition Assistance for Puerto Rico as authorized by 7 U.S.C. 2028. food donations programs for selected groups For necessary expenses to carry out section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)), section 101 STAT. 1329–3504(b) of the Food Stamp Act (7 U.S.C. 2013), and section 311 of the Older Americans Act of 1965, as amended (42 U.S.C. 3030a(a)), $194,108,000. temporary emergency food assistance program For necessary expenses to carry out the Temporary Emergency Food Assistance Act of 1983, as amended, $50,000,000: *Provided, *That, in accordance with section 202 of Public Law 98–92, these funds shall be available only if the Secretary determines the existence of excess commodities. food program administration For necessary administrative expenses of the Domestic Food Programs funded under this Act, $85,828,000; of which $5,000,000 shall be available only for simplifying procedures, reducing overhead costs, tightening regulations, improving food stamp coupon handling, and assistance in the prevention, identification, and prosecution of fraud and other violations of law: *Provided,* That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be available for employment under 5 U.S.C. 3109. Human Nutrition Information Service For necessary expenses to enable the Human Nutrition Information Service to perform applied research and demonstrations relating to human nutrition and consumer use and economics of food utilization, $8,623,000: *Provided,* That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225). **TITLE IV—** **INTERNATIONAL PROGRAMS** Foreign Agricultural Service For necessary expenses of the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954, as amended (7 U.S.C. 1761–1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $110,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $92,017,000: *Provided,* That not less than $255,000 of this appropriation shall be available to obtain statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis: *Provided further, *That, hereafter, notwithstanding any other provision of law, upon[7 USC 1762](/us/usc/t7/s1762) note. the request of the Secretary of Agriculture, the Secretary of State shall accord the diplomatic title of Minister-Counselor to the senior Foreign Agricultural Service Officer assigned to any United States mission abroad: *Provided further,* That the number of Agricultural Counselors accorded such diplomatic title at any time shall not exceed eight: *Provided further,* That funds available to the ForeignContracts.[7 USC 1762](/us/usc/t7/s1762) note. Agricultural Service under this and subsequent appropriations Acts 101 STAT. 1329–351shall be available to contract with individuals for services to be performed outside the United States as determined by the Service to be necessary or appropriate for carrying out programs and activities abroad. Such individuals shall not be regarded as officers or employees of the United States under any law, including any law administered by the Office of Personnel Management. Public Law 480 (including transfers of funds) For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1691, 1701–1715, 1721–1726, 1727–1727f, 1731–1736g), as follows:
(1)financing the sale of agricultural commodities for convertible foreign currencies and for dollars on credit terms pursuant to titles I and III of said Act, or for convertible foreign currency for use under 7 U.S.C. 1708, and for furnishing commodities to carry out the Food for Progress Act of 1985, not more than $852,000,000, of which $429,596,000 is hereby appropriated and the balance derived from proceeds from sales of foreign currencies and dollar loan repayments, repayments on long-term credit sales, carryover balances and commodities made available from the inventories of the Commodity Credit Corporation by the Secretary of Agriculture pursuant to sections 102 and 403(b) of said Act, and
(2)commodities supplied in connection with dispositions abroad, pursuant to title 11 of said Act, not more than $630,000,000, of which $630,000,000 is hereby appropriated: *Provided,* That not to exceed 10 per centum of the funds made available to carry out any title of this paragraph may be used to carry out any other title of this paragraph. Office of International Cooperation and Development (including transfers of funds) For necessary expenses of the Office of International Cooperation and Development to coordinate, plan, and direct activities involving international development, technical assistance and training, and international scientific and technical cooperation in the Department of Agriculture, including those authorized by the Food and Agriculture Act of 1977 (7 U.S.C. 3291), $5,295,000: *Provided,* That in addition, funds available to the Department of Agriculture shall be available to assist an international organization in meeting the costs, including salaries, fringe benefits and other associated costs, related to the employment by the organization of Federal personnel that may transfer to the organization under the provisions of 5 U.S.C. 3581–3584, or of other well-qualified United States citizens, for the performance of activities that contribute to increased understanding of international agricultural issues, with transfer of funds for this purpose from one appropriation to another or to a single account authorized, such funds remaining available until expended: *Provided further,* That the Office may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food 101 STAT. 1329–352production assistance programs (7 U.S.C. 1736) and the foreign assistance programs of the International Development Cooperation Administration (22 U.S.C. 2392). scientific activities overseas (foreign currency program) For payments in foreign currencies owed to or owned by the United States for market development research authorized by section 104(b)(1) and for agricultural and forestry research and other functions related thereto authorized by section 104(b)(3) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b) (1), (3)), $1,500,000: *Provided,* That this appropriation shall be available, in addition to other appropriations for these purposes, for payments in the foregoing currencies: *Provided further,* That funds appropriated herein shall be used for payments in such foreign currencies as the Department determines are needed and can be used most effectively to carry out the purposes of this paragraph: *Provided further,* That not to exceed $25,000 of this appropriation shall be available for payments in foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109. **TITLE V—** **RELATED AGENCIES** Food and Drug Administration salaries and expenses For necessary expenses of the Food and Drug Administration; for rental of special purpose space in the District of Columbia or elsewhere; and for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $25,000; $450,504,000: *Provided,* That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701. buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $1,450,000. rental payments
(fda)(including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act, $25,612,000: *Provided,* That in the event the Food and Drug Administration should require modification of space needs, a share of the salaries and expenses appropriation may be transferred to this appropriation, or a share of this appropriation may be transferred to the salaries and expenses appropriation, but such transfers shall not exceed 10 per centum of the funds made available for rental payments
(FDA)to or from this account. 101 STAT. 1329–353 Commodity Futures Trading Commission For necessary expenses to carry out the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor vehicles; the rental of space (to include multiple year leases) in the District of Columbia and elsewhere; and not to exceed $25,000 for employment under 5 U.S.C. 3109; $32,813,000, including not to exceed $700 for official reception and representation expenses. Farm Credit Administration limitation on revolving fund for administrative expenses Notwithstanding any provision of The Farm Credit Act Amendments of 1987 (H.R. 3030), or any similar bill, if enacted into law, not to exceed $35,000,000 (from assessments collected from farm credit system banks), of which not to exceed $1,500 shall be available for official reception and representation expenses, shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249. **TITLE VI—** **GENERAL PROVISIONS** Sec. 601. Contracts.Public information. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. Sec. 602. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the fiscal year 1988 under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed seven hundred and fifty-four
(754)passenger motor vehicles, of which seven hundred and forty-six
(746)shall be for replacement only, and for the hire of such vehicles. Sec. 603. Funds in this Act available to the Department of Agriculture shall be available for uniforms or allowances therefore as authorized by law (5 U.S.C. 5901–5902). Sec. 604. [7 USC 1623a](/us/usc/t7/s1623a). Not less than $1,500,000 of the appropriations of the Department of Agriculture in this Act for research and service work authorized by the Acts of August 14, 1946 and July 28, 1954, and (7 U.S.C. 427, 1621–1629), and by chapter 63 of title 31, United States Code, shall be available for contracting in accordance with said Acts and chapter. Sec. 605. No part of the funds contained in this Act may be used to make production or other payments to a person, persons, or corporations upon a final finding by court of competent jurisdiction that such party is guilty of growing, cultivating, harvesting, processing or storing marijuana, or other such prohibited drug-producing plants on any part of lands owned or controlled by such persons or corporations. Sec. 606. Advances of money to chiefs of field parties from any appropriation in this Act for the Department of Agriculture may be made by authority of the Secretary of Agriculture. 101 STAT. 1329–354 Sec. 607. The cumulative total of transfers to the Working Capital Fund for the purpose of accumulating growth capital for data services and National Finance Center operations shall not exceed $2,000,000: *Provided,* That no funds in this Act appropriated to an agency of the Department shall be transferred to the Working Capital Fund without the approval of the agency administrator. Sec. 608. New obligational authority provided for the following appropriation items in this Act shall remain available until expended: Public Law 480; Mutual and Self-Help Housing; Watershed and Flood Prevention Operations; Resource Conservation and Development; Colorado River Basin Salinity Control Program; Animal and Plant Health Inspection Service, $4,500,000 for the contingency fund to meet emergency conditions, and buildings and facilities; Agricultural Stabilization and Conservation Service, salaries and expenses funds made available to county committees; the Federal Crop Insurance Corporation Fund; Rural Housing for Domestic Farm Labor; Agricultural Research Service, buildings and facilities; Scientific Activities Overseas (Foreign Currency Program); Dairy Indemnity Program; $5,000,000 for the grasshopper and Mormon cricket control program, Animal and Plant Health Inspection Service; $2,852,000 for higher education training grants under section 1417(a)(3)(B) of Public Law 95–113, as amended (7 U.S.C. 3152(a)(3)(B)); and buildings and facilities, Food and Drug Administration. Sec. 609. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 610. Not to exceed $50,000 of the appropriation available to the Department of Agriculture in this Act shall be available to provide appropriate orientation and language training pursuant to Public Law 94–449. Sec. 611. Notwithstanding any other provision of law, employees of the agencies of the Department of Agriculture, including employees of the Agricultural Stabilization and Conservation county committees, may be utilized to provide part-time and intermittent assistance to other agencies of the Department, without reimbursement, during periods when they are not otherwise full utilized, and ceilings on full-time equivalent staff years established for or by the Department of Agriculture shall exclude overtime as well as staff years expended as a result of carrying out programs associated with natural disasters, such as forest fires, droughts, floods, and other acts of God. Sec. 612. Funds provided by this Act for personnel compensation and benefits shall be available for obligation for that purpose only. Sec. 613. No part of any appropriation contained in this Act shall be expended by any executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to any obligation for services by contract, unless such executive agency has awarded and entered into such contract as provided by law. Sec. 614. None of the funds appropriated or otherwise made available by this Act shall be available to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. Sec. 615. Certificates of beneficial ownership sold by the Farmers Home Administration in connection with the Agricultural Credit Insurance Fund, Rural Housing Insurance Fund, and the Rural 101 STAT. 1329–355Development Insurance Fund shall be not less than 65 per centum of the value of the loans closed during the fiscal year. Sec. 616. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 per centum of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest Grants.Contracts.between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. Sec. 617. None of the funds in this Act shall be used to carry out any activity related to phasing out the Resource Conservation and Development Program. Sec. 618. None of the funds in this Act shall be used to prevent or interfere with the right and obligation of the Commodity Credit Corporation to sell surplus agricultural commodities in world trade at competitive prices as authorized by law. Sec. 619. [7 USC 612c](/us/usc/t7/s612c) note. Notwithstanding any other provision of this Act, commodities acquired by the Department in connection with Commodity Credit Corporation and section 32 price support operations may be used, as authorized by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide commodities to individuals in cases of hardship as determined by the Secretary of Agriculture. Sec. 620. Reports. During fiscal year 1988, notwithstanding any other provision of law, no funds may be paid out of the Treasury of the United States or out of any fund of a Government corporation to any private individual or corporation in satisfaction of any assurance agreement or payment guarantee or other form of loan guarantee entered into by any agency or corporation of the United States Government with respect to loans made and credits extended to the Polish People’s Republic, unless the Polish People’s Republic has been declared to be in default of its debt to such individual or corporation or unless the President has provided a monthly written report to the Speaker of the House of Representatives and the President of the Senate explaining the manner in which the national interest of the United States has been served by any payments during the previous month under loan guarantee or credit assurance agreement with respect to loans made or credits extended to the Polish People’s Republic in the absence of a declaration of default. Sec. 621. None of the funds in this Act shall be available to reimburse the General Services Administration for payment of space rental and related costs in excess of the amounts specified in this Act; nor shall this or any other provision of law require a reduction in the level of rental space or services below that of fiscal year 1987 or prohibit an expansion of rental space or services with the use of funds otherwise appropriated in this Act. Sec. 622. In fiscal year 1988, the Secretary of Agriculture shall initiate construction on not less than twenty new projects under the Watershed Protection and Flood Prevention Act (Public Law 566) and not less than five new projects under the Flood Control Act (Public Law 534). Sec. 623. Funds provided by this Act may be used for translation of publications of the Department of Agriculture into foreign lan-101 STAT. 1329–356guages when determined by the Secretary to be in the public interest. Sec. 624. None of the funds appropriated by this or any other Act may be used to relocate the Hawaii State Office of the Farmers Home Administration from Hilo, Hawaii, to Honolulu, Hawaii. Sec. 625. Provisions of law prohibiting or restricting personalContracts. services contracts shall not apply to veterinarians employed by the Department to take animal blood samples, test and vaccinate animals, and perform branding and tagging activities on a fee-for-service basis. Sec. 626. None of the funds provided in this Act may be used to reduce programs by establishing an end-of-year employment ceiling on full-time equivalent staff years below the level set herein for the following agencies: Farmers Home Administration, 12,675; Agricultural Stabilization and Conservation Service, 2,550; Rural Electrification Administration, 550; and Soil Conservation Service, 14,177. Sec. 627. Funds provided in this Act may be used for one-yearContracts. contracts which are to be performed in two fiscal years so long as the total amount for such contracts is obligated in the year for which the funds are appropriated. Sec. 628. Funds appropriated by this Act shall be applied only to the objects for which appropriations were made except as otherwise provided by law, as required by 31 U.S.C. 1301. Sec. 629. None of the funds in this Act shall be available to restrict the authority of the Commodity Credit Corporation to lease space for its own use or to lease space on behalf of other agencies of the Department of Agriculture when such space will be jointly occupied. Sec. 630. None of the funds provided in this Act may be expended to release information acquired from any handler under the Agricultural Marketing Agreement Act of 1937, as amended: *Provided,* That this provision shall not prohibit the release of information to other Federal agencies for enforcement purposes: *Provided further,* That this provision shall not prohibit the release of aggregate statistical data used in formulating regulations pursuant to the Agricultural Marketing Agreement Act of 1937, as amended: *Provided further, *That this provision shall not prohibit the release of information submitted by milk handlers. Sec. 631. Unless otherwise provided in this Act, none of the funds appropriated or otherwise made available in this Act may be used by the Farmers Home Administration to employ or otherwise contract with private debt collection agencies to collect delinquent payments from Farmers Home Administration borrowers. Sec. 632. During fiscal year 1988 and each succeeding fiscal year,Loans.[42 USC 1479](/us/usc/t42/s1479) note. the Secretary of Agriculture shall permit each district office of the Farmers Home Administration to exempt any existing dwelling from any limitation established by the Secretary on the number of square feet of living area that may be contained in a dwelling to be eligible for a loan under section 502 of the Housing Act of 1949, if the dwelling is modest in design, size, and cost for the area in which it is located. Sec. 633. Hereafter, notwithstanding section 306A (c), (d), and (e)[7 USC 936a](/us/usc/t7/s936a) note. of the Rural Electrification Act of 1936, as amended, a borrower of a loan made by the Federal Financing Bank and guaranteed under section 306 of such Act (7 U.S.C. 936) may, at the option of the borrower, prepay such loan (or any loan advance thereunder) in 101 STAT. 1329–357accordance with section 306A
(a)and
(b)of such Act: *Provided,* That any prepayment in excess of $2,500,000,000 shall be subject to the approval of the Secretary of the Treasury. Sec. 634. None of the funds appropriated in this Act or any other Act shall be used to alter the method of computing normalized prices for agricultural commodities for use by any Federal agency in evaluating water resources development projects to be undertaken in whole or in part with Federal funds that was in effect as of January 1, 1986. Sec. 635. None of the funds in this Act, or otherwise made available by this Act, shall be used to sell loans made by the Agricultural Credit Insurance Fund. Sec. 636.
(a)Section 1323(a)(1) of the Food Security Act of 1985 is [7 USC 1932](/us/usc/t7/s1932) note.amended by striking out “For the fiscal year ending September 30, 1987” and inserting in lieu thereof “Prior to September 30, 1988”.20 20 Copy read “1988’, and”.
(b)Section 1323(a)(5) of such Act is amended by striking out “September 30, 1987” and inserting in lieu thereof “September 30, 1988”.21 21 Copy read “1988’ and”.
(c)Section 1323(b)(1) of such Act is amended by striking out “For the fiscal year ending September 30, 1987” and inserting in lieu thereof “Prior to September 30, 1988”. Sec. 637. $10,000,000 of section 32 funds shall be used to purchase sunflower oil, such purchases to facilitate additional sales of sunflower oil in World Markets at competitive prices, so as to compete with other countries in fiscal years 1988 and 1989. Sec. 638. Section 201(d)(2) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)(2)) is amended—
(1)in subparagraph
(A)by striking out “During the period beginning on April 1, 1986, and ending on September 30, 1987,” and inserting in lieu thereof “Beginning after March 31, 1986,”;
(2)in subparagraph
(B)by striking out “subparagraph (E)” and inserting in lieu thereof “subparagraphs
(E)and (F)”; and
(3)by adding at the end thereof the following new subparagraph: “(F)
(i)The Secretary— “(I) notwithstanding the Balanced Budget and Emergency Deficit Control Act of 1985 and any order issued by the President under section 252 of such Act for a fiscal year; and “(II) in lieu of making any reduction in payments for the purchase of milk or the products of milk under this subsection during such fiscal year under any such order; shall provide for the reduction (measured in cents per hundred-weight of milk marketed) under subparagraph
(A)during the period beginning on October 1 and ending on September 30 of such fiscal year as the sole means of achieving any reduction in budget outlays under the milk price-support program that otherwise would be required under either such order and only for the purpose of substituting for any reduction in payments made by the Secretary for the purchase of milk or the products of milk under either such order. “(ii) The aggregate amount of any reduction under subparagraph
(A)resulting from the operation of clause
(i)may not exceed the aggregate amount of the reduction in budget outlays 101 STAT. 1329–358under the milk price-support program, as estimated by the Secretary, that otherwise would have been achieved under either such order by reducing payments made by the Secretary for the purchase of milk or the products of milk under this subsection during such fiscal year.”. Sec. 639. Section 1581(b) of the Food Security Act of 1985 (Public Law 99–198) is amended by striking out “June 30, 1987,” and[99 Stat. 1594](/us/stat/99/1594). inserting in lieu thereof “June 30, 1988,”. This Act may be cited as the “Rural Development, Agriculture, and Related Agencies Appropriations Act, 1988”.
(l)Such amounts as may be necessary for programs, projects, or activities provided for in the Department of Transportation and Related Agencies Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: AN ACTDepartment of Transportation and Related Agencies Appropriations Act, 1988. Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1988, and for other purposes. **TITLE I—** **DEPARTMENT OF TRANSPORTATION** OFFICE OF THE SECRETARY Salaries and Expenses (including transfer of funds) For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $30,000 for allocation within the Department of official reception and representation expenses as the Secretary may determine; $1,050,000 for the Immediate Office of the Secretary; $451,000 for the Immediate Office of the Deputy Secretary; $5,785,000 for the Office of the General Counsel; $7,796,000 for the Office of the Assistant Secretary for Policy and International Affairs; $2,105,000 for the Office of the Assistant Secretary for Budget and Programs; $2,367,000 for the Office of the Assistant Secretary for Governmental Affairs; $22,099,000, of which $15,360,000 shall be derived from unobligated balances of “Payments to air carriers”, for the Office of the Assistant Secretary for Administration; $1,459,000 for the Office of the Assistant Secretary for Public Affairs; $798,000 for the Executive Secretariat; $430,000 for the Contract Appeals Board; $1,244,000 for the Office of Civil Rights; $384,000 for the Office of Commercial Space Transportation; $1,700,000 for the Office of Essential Air Service; $642,000 for Regional Representatives; and $3,042,000 for the Office of Small and Disadvantaged Business Utilization, of which $2,229,000 shall remain available for the purposes of the Minority Business Resource Center as authorized by 49 U.S.C. 332: *Provided,* That, notwithstanding any other provision of law, funds available for the purposes of the Minority Business Resource Center in this or any other Act may be used for business opportunities related to any mode of transportation: *Provided further,* That 5 per centum of each sum provided under this head for the Immediate Office of the Secretary, the Immediate Office of the Deputy Secretary, and the Office of the 101 STAT. 1329–359General Counsel shall not be available for obligation until on or after the date that final rules are issued by the Department of Transportation that:
(1)expand existing requirements for installation and carriage of cockpit voice recorders and flight data recorders to smaller sizes of commuter air carrier aircraft and to require cockpit voice recorder and flight data recorder retrofits on certain types of existing commuter air carrier aircraft to be determined by the Federal Aviation Administration; and
(2)require installation and carriage of operating altitude-encoding radar transponders for all aircraft operating in terminal airspace where air traffic control service is provided and in all controlled airspace above a minimum altitude to be determined by the Federal Aviation Administration. Transportation Planning, Research, and Development (transfers of funds) For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, and university research and internships, to remain available until expended, $4,987,000 of which $4,750,000, shall be derived from “Payments to air carriers” and $237,000 shall be derived from “Expressway gap closing demonstration project”. Working Capital Fund Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund not to exceed $127,801,000 shall be paid, in accordance with law, from appropriations made available by this Act and prior appropriation Acts to the Department of Transportation, together with advances and reimbursements received by the Department of Transportation; for necessary expenses associated with the development of the Department-wide Accounting and Information System, $1,601,000, to remain available until expended; and for the Department of Transportation office space reduction initiative, $204,000. Payments to Air Carriers For payments to air carriers of so much of the compensation fixed and determined under section 419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389), as is payable by the Department of Transportation, $28,500,000, to remain available until expended. COAST GUARD Operating Expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed eight passenger motor vehicles for replacement only; and recreation and welfare, $1,789,106,000, of which $21,600,000 shall be expended from the Boat Safety Account: *Provided,* That, of the funds available under this head, not less than $429,120,000 shall be available for [14 USC 92](/us/usc/t14/s92) note.drug enforcement activities: *Provided further,* That the number of aircraft on hand at any one time shall not exceed two hundred and fourteen, exclusive of planes and parts stored to meet future attri-101 STAT. 1329–360tion: *Provided further,* That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: *Provided further,* That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 12109 except to the extent fees are collected from yacht owners and credited to this appropriation. Acquisition, Construction, and Improvements For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, to remain available until September 30, 1992, $247,000,000: *Provided,* That the Secretary[10 USC 2304](/us/usc/t10/s2304) note.Regulations.Contracts. of Transportation shall issue regulations requiring that written warranties shall be included in all contracts with prime contractors for major systems acquisitions of the Coast Guard: *Provided further, *That any such written warranty shall not apply in the case of any system or component thereof that has been furnished by the Government to a contractor: *Provided further,* That the Secretary of Transportation may provide for a waiver of the requirements for a warranty where:
(1)the waiver is necessary in the interest of the national defense or the warranty would not be cost effective; and
(2)the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Merchant Marine and Fisheries of the House of Representatives are notified in writing of the Secretary’s intention to waive and reasons for waiving such requirements: *Provided further,* That the requirements for such written warranties shall not cover combat damage. Alteration of Bridges For necessary expenses for alteration or removal of obstructive bridges, $940,000, to remain available until expended. Retired Pay For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C., ch. 55), $386,700,000. Reserve Training For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services, $62,880,000. Research, Development, Test, and Evaluation For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $19,000,000, to remain available until expended: *Provided,* That there may be credited to this appro-101 STAT. 1329–361priation funds received from State and local governments, other public authorities, private sources and foreign countries, for expenses incurred for research, development, testing, and evaluation. Offshore Oil Pollution Compensation Fund The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations in such amounts and at such times as may be necessary to the extent that appropriations are not adequate to meet the obligations of the Fund: *Provided,* That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $57,000,000 in fiscal year 1988 for the “Off-shore Oil Pollution Compensation Fund”. Deepwater Port Liability Fund [33 USC 1517a](/us/usc/t33/s1517a).The Secretary of Transportation is authorized to issue, and the Secretary of the Treasury is authorized to purchase, without Fiscal year limitation, notes or other obligations in such amounts and at such times as may be necessary to the extent that available appropriations are not adequate to meet the obligations of the Fund: *Provided,* That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $47,500,000 in fiscal year 1988 for the “Deep-water Port Liability Fund”. Boat Safety (Liquidation of Contract Authorization) For payment of obligations incurred for recreational boating safety assistance under Public Law 92–75, as amended, $22,500,000, to be derived from the Boat Safety Account and to remain available until expended: *Provided,* That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of $21,375,000 in fiscal year 1988 for recreational boating safety assistance. FEDERAL AVIATION ADMINISTRATION Headquarters Administration For necessary expenses, not otherwise provided for, of providing administrative services at the headquarters location of the Federal Aviation Administration, including but not limited to accounting, budgeting, legal, public affairs, and executive direction services for the Federal Aviation Administration, $35,520,000. Operations (including transfer of funds) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development, and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act, as amended, or other provisions of law authoriz-101 STAT. 1329–362ing the obligation of funds for similar programs of airport and airway development or improvement, purchase of four passenger motor vehicles for replacement only, $3,148,520,000, of which not to exceed $825,955,000 shall be derived from the Airport and Airway Trust Fund: *Provided,* That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities: *Provided further,* That none of these funds shall be available for new applicants for the second career training program or for a pilot test of contractor maintenance: *Provided further,* That the immediately preceding proviso shall not prohibit the augmentation of the existing field maintenance work force if it is determined to be essential for the safe operation of the air traffic control system: *Provided further,* That section 5532(f)(2) of title V, United States Code, is amended by striking “December 31, 1987” and inserting “December 31, 1988” in lieu thereof: *Provided further,* That section 8344(h) of title V, United States Code, is amended by striking “April 1, 1986” in paragraph
(2)and inserting “December 31, 1986” in lieu thereof: *Provided further,* That in the event that the Federal Aviation Administrator employs annuitants subject to section 8344(h) of title V, United States Code, not to exceed $9,700,000, to be derived from the unobligated balance of any appropriation available for obligation by the Federal Aviation Administration as of the effective date of this Act, shall be available through December 31, 1988, for the purpose of funding such employment: *Provided further,* ThatReports. any such funding shall be reported to the Committees on Appropriations of the Senate and the House of Representatives. Facilities and Equipment (Airport and Airway Trust Fund) For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations of officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the lease or purchase of one aircraft; to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1992, $1,108,056,000: *Provided,* That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: *Provided further,* That of the funds available under this head, $5,225,000 shall be available for the Secretary of Transportation to enter into grant agreements with universities or colleges having an airway science curriculum recognized by the Federal Aviation Administration, to conduct demonstration projects in the development, advancement, or expansion of airway science curriculum programs, and such funds, which shall remain available until expended, shall be made available under such terms and conditions as the Secretary of Transportation may prescribe, to such universities 101 STAT. 1329–363or colleges for the purchase or lease of buildings and associated facilities, instructional materials, or equipment to be used in conjunction with airway science curriculum programs, but, notwithstanding any other provision of law, beginning in fiscal year 1989 and thereafter, in no event shall the total Federal share provided for any airway science construction project exceed 50 percent of the total cost of such project. Research, Engineering, and Development (Airport and Airway Trust Fund) For necessary expenses, not otherwise provided for, for research, engineering, and development, in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, $153,425,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: *Provided,* That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering, and development. Grants-in-Aid for Airports (Liquidation of Contract Authorization) (Airport and Airway Trust Fund) For liquidation of obligations incurred for airport planning and development under section 14 of Public Law 91–258, as amended, and under other law authorizing such obligations, and obligations for noise compatibility planning and programs, $1,063,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: *Provided,* That none of the funds in this Act shall be available for the planning or execution of programs the commitments for which are in excess of $1,268,725,000 in fiscal year 1988 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 506(e)(4) of the Airport and Airway Improvement Act of 1982. Aviation Insurance Revolving Fund The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958, as amended (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program set forth in the budget for the current fiscal year for aviation insurance activities under said Act. Aircraft Purchase Loan Guarantee Program [49 USC app. 1324](/us/usc/t49/s1324) note.The Secretary of Transportation may hereafter issue notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms 101 STAT. 1329–364and conditions as the Secretary of the Treasury may prescribe. Such obligations may be issued to pay any necessary expenses required pursuant to any guarantee issued under the Act of September 7, 1957, Public Law 85–307, as amended (49 U.S.C. 1324 note). None of the funds in this Act shall be available for the implementation or execution of programs under this head, the obligations for which are in excess of $57,000,000 during fiscal year 1988. Such obligations shall be redeemed by the Secretary from appropriations authorized by this section. The Secretary of the Treasury shall purchase any such obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force. The purposes for which securities may be issued under such Act are extended to include any purchase of notes or other obligations issued under the subsection. The Secretary of the Treasury may sell any such obligations at such times and price and upon such terms and conditions as he shall determine in his discretion. All purchases, redemptions, and sales of such obligations by such Secretary shall be treated as public debt transactions of the United States. FEDERAL HIGHWAY ADMINISTRATION Limitation on General Operating Expenses Necessary expenses for administration, operation, and research of the Federal Highway Administration, not to exceed $206,736,000, shall be paid, in accordance with law, from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: *Provided,* That not to exceed $37,566,000 of the amount provided herein shall remain available until expended: *Provided further,* That, notwithstanding any other provision of law, there may be credited to this account funds received from States, counties, municipalities, other public authorities and private sources, for training expenses incurred for non-Federal employees. Highway Safety Research and Development (Highway Trust Fund) For necessary expenses in carrying out provisions of sections 307(a) and 403 of title 23, United States Code, to be derived from the Highway Trust Fund and to remain available until expended, $6,650,000. Highway-Related Safety Grants (Liquidation of Contract Authorization) (Highway Trust Fund) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $9,900,000, to be derived from the Highway Trust Fund: *Provided,* That not to exceed $100,000 of the amount appropriated herein shall be available for “Limitation on general operating expenses”: *Provided further,* That none of the funds in this Act shall 101 STAT. 1329–365be available for the planning or execution of programs the obligations for which are in excess of .$9,405,000 in fiscal year 1988 for “Highway-related safety grants”. Railroad-Highway Crossings Demonstration Projects For necessary expenses of certain railroad-highway crossings demonstration projects as authorized by section 163 of the Federal-Aid Highway Act of 1973, as amended, to remain available until expended, $7,790,000, of which $5,193,333 shall be derived from the Highway Trust Fund. Federal-Aid Highways (Limitation on Obligations) (Highway Trust Fund) [23 USC 104](/us/usc/t23/s104) note.None of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $11,780,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1988. Federal-Aid Highways (Liquidation of Contract Authorization) (Highway Trust Fund) For carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $13,400,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended. Right-of-Way Revolving Fund (Limitation on Direct Loans) (Highway Trust Fund) During fiscal year 1988 and with the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $45,457,000. Motor Carrier Safety For necessary expenses to carry out the motor earner safety functions of the Secretary as authorized by the Department of Transportation Act (80 Stat. 939–940), $22,790,000, of which $1,920,000 shall remain available until expended, and not to exceed $300,000 shall be available for “Limitation on general operating expenses”. 101 STAT. 1329–366 Motor Carrier Safety Grants (Liquidation of Contract Authorization) (Highway Trust Fund) For payment of obligations incurred in carrying out the provisions of section 402 of Public Law 97–424, $50,000,000, to be derived from the Highway Trust Fund and to remain available until expended: *Provided,* That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $46,992,000 for “Motor carrier safety grants”. Access Highways to Public Recreation Areas on Certain Lakes Notwithstanding any other provision of law, there is appropriated $1,786,000 for necessary expenses of certain access highway projects, as authorized by section 155, title 23, United States Code, to remain available until expended. Baltimore-Washington Parkway (Highway Trust Fund) For necessary expenses, not otherwise provided, to carry out the provisions of the Federal-Aid Highway Act of 1970, for the Baltimore-Washington Parkway, to remain available until expended, $14,250,000, to be derived from the Highway Trust Fund and to be withdrawn therefrom at such times and in such amounts as may be necessary. Waste Isolation Pilot Project Roads For necessary expenses in connection with the upgrading of certain highways for the transportation of nuclear waste generated during defense-related activities, not otherwise provided for, $15,504,000, to remain available until expended. Expressway Gap Closing Demonstration Project For necessary expenses to carry out a highway construction project along State Route 113 in north-central California that demonstrates methods of reducing motor vehicle congestion and increasing employment, $7,885,000, to remain available until expended. Intermodal Urban Demonstration Project (Highway Trust Fund) For necessary expenses to carry out the provisions of section 124 of the Federal-Aid Highway Amendments of 1974, $9,500,000, to be derived from the Highway Trust Fund and to remain available until expended. 101 STAT. 1329–367 Highway Safety and Economic Development Demonstration Projects (Highway Trust Fund) For necessary expenses to carry out construction projects as authorized by Public Law 99–500 and Public Law 99–591, $9,500,000, to be derived from the Highway Trust Fund and to remain available until expended. *Provided,* That, notwithstanding any other provision of law, funds appropriated for this project shall not be included in any calculations made under section 157 of title 23, United States Code, for fiscal year 1988 and each fiscal year thereafter. Highway Safety Improvement Demonstration Project (Highway Trust Fund) For the purpose of carrying out a coordinated project of highway improvements in the vicinity of Pontiac and East Lansing, Michigan, that demonstrates methods of enhancing safety and promoting economic development through widening and resurfacing of highways on the Federal-aid primary system and on roads on the Federal-aid urban system, as authorized by Public Law 99–500 and Public Law 99–591, $1,900,000, to be derived from the Highway Trust Fund and to remain available until expended. Highway-Railroad Grade Crossing Safety Demonstration Project (Highway Trust Fund) For the purpose of carrying out a coordinated project of highway-railroad grade crossing separations in Mineola, New York, that demonstrates methods of enhancing highway-railroad grade crossing safety while minimizing surrounding environmental effects, as authorized by Public Law 99–500 and Public Law 99–591, $9,500,000, to be derived from the Highway Trust Fund and to remain available until expended. Bridge Improvement Demonstration Project For 80 percent of the expenses necessary to carry out a highway project in the vicinity of Jacksonville, Florida, for the purpose of demonstrating methods of reducing traffic congestion and improving efficiency in the transshipment of military and civilian cargo, by construction of a bridge to Blount Island, widening State Highway 105 (Heckscher Drive) and constructing an interchange at the intersection of Heckscher Drive and the new Blount Island Bridge, $4,750,000, to remain available until expended. Vehicular and Pedestrian Safety Demonstration Project (Highway Trust Fund) For the purpose of carrying out a demonstration of methods of improving vehicular and pedestrian safety on roads on the Federal-aid urban and Federal-aid secondary systems, involving Route 66 in Northampton and Huntington, Massachusetts, $6,650,000, to be de-101 STAT. 1329–368rived from the Highway Trust Fund and to remain available until expended: *Provided,* That all funds appropriated under this head shall be exempt from any limitation on obligations for Federal-aid highways and highway safety construction programs. Highway Bridge Relocation Demonstration Project For 80 percent of the expenses necessary to carry out a highway project involving the relocation of U.S. Highway 101 and the Queets River Bridge in the State of Washington that demonstrates methods of improving highway safety, $2,470,000, to remain available until expended. Highway Bypass Demonstration Project For 80 percent of the expenses necessary to carry out a highway project in the vicinity of Prunedale, California, that demonstrates methods of accelerating the environmental studies and preliminary engineering for the construction of a highway bypass, $1,900,000, to remain available until expended. Highway Widening and Improvement Demonstration Project For 80 percent of the expenses necessary to carry out a highway project between Paintsville and Prestonsburg, Kentucky, that demonstrates the safety and economic benefits of widening and improving highways in mountainous areas, $2,375,000, to remain available until expended. Corridor Safety Improvement Project (Highway Trust Fund) For the purpose of carrying out a demonstration of methods of improving vehicular and pedestrian safety on roads on the Federal-aid primary and Federal-aid secondary systems, involving Route 1 in New Jersey, there is hereby authorized to be appropriated $50,000,000, to be derived from the Highway Trust Fund and to remain available until expended, of which $4,702,000 is hereby appropriated and to remain available until expended: *Provided, *That all funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs. Bridge Capacity Improvements (Highway Trust Fund) For the purpose of carrying out the Nashua River Bridge and Broad Street Parkway project in Nashua, New Hampshire, that crosses the Nashua River, there is hereby authorized to be appropriated $8,000,000, to be derived from the Highway Trust Fund and to remain available until expended, of which $237,000 is hereby appropriated, to remain available until expended. All funds appropriated under this head shall be exempted from any limitation on obligations for Federal-aid highways and highway safety construction programs. 101 STAT. 1329–369 Traffic Improvement Demonstration Project For 80 percent of the expenses necessary to carry out a highway bypass project in the vicinity of Petoskey, Michigan, that demonstrates methods of improving economic development and regional transportation, there is authorized to be appropriated $28,000,000, to remain available until expended, of which $475,000 is hereby appropriated, to remain available until expended: *Provided,* That all funds appropriated under this head shall be exempt from any limitation on obligations for Federal-aid highways and highway safety construction programs. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Operations and Research For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, as amended), and the National Traffic and Motor Vehicle Safety Act, $62,534,000, of which $29,331,000 shall remain available until expended: *Provided,* That, of the funds available under this head, $6,480,000 shall be available to implement the recommendations of the 1985 National Academy of Sciences report on trauma research. Operations and Research (Highway Trust Fund) For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety under chapter 4, title 23, United States Code, to be derived from the Highway Trust Fund, $30,346,000, to remain available until expended: *Provided,* That, of the funds available under this head, $1,680,000 shall be available for light truck and van safety research and analysis. Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Highway Trust Fund) For payment of obligations incurred carrying out the provisions of 23 U.S.C. 402, 406, and 408, and section 209 of Public Law 95–599, as amended, to remain available until expended, $135,000,000, to be derived from the Highway Trust Fund: *Provided,* That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which are in excess of $114,950,000 in fiscal year 1988 for “State and community highway safety grants” authorized under 23 U.S.C. 402: *Provided further, *That none of these funds shall be used for construction, rehabilitation or remodeling costs, or for office furnishings and fixtures for State, local, or private buildings or structures: *Provided further, *That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which are in excess of $13,533,000 for “Alcohol safety incentive grants” authorized under 23 U.S.C. 408: *Provided further,* That not to exceed 101 STAT. 1329–370$4,656,000 shall be available for administering the provisions of 23 U.S.C. 402: *Provided further,* That notwithstanding any other provision of law, none of the funds in this Act shall be available for the planning or execution of programs authorized under section 209 of Public Law 95–599, as amended, the total obligations for which are in excess of $4,750,000 in fiscal years 1982, 1983, 1984, 1985, 1986, 1987, and 1988. FEDERAL RAILROAD ADMINISTRATION Office of the Administrator (including transfer of funds) For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $22,877,000, together with $1,900,000 to be derived from unobligated balances of “Airport access demonstration project”, of which $15,024,000 shall remain available until expended; and in addition, all unexpended balances in “Rail service assistance” after September 30, 1987, shall be transferred to this account, to remain available until expended: *Provided,* That none of the funds in this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, and that no new commitments to guarantee loans under section 211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as amended, shall be made: *Provided further,* That none of the funds in this Act shall be available for the acquisition, sale, or transference of Washington Union Station without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives: *Provided further,* That, notwithstanding any other provision of law, of the funds available under this head, $9,600,000 shall be available for necessary expenses for rail assistance authorized by section 5(q) of the Department of Transportation Act, as amended, to remain available until expended: *Provided further,* That $7,200,000 of the fiscal year 1988 funds made available under section 5(h) shall be made available for use directly under sections 5(h)(3)(B)(ii) and 5(h)(3)(C) of the Department of Transportation Act, as amended, notwithstanding any provisions therein to the contrary: *Provided further,* That each State shall be entitled to, and no more than, $48,000 under the combined provisions of section 5(h)(2) and section 5(i), notwithstanding any provisions therein to the contrary: *Provided further,* That no State may apply for fiscal year 1988 funds available under section 5(h)(2) until such State has obligated all funds granted to it under section 5(h)(2) in the fiscal years prior to the beginning of fiscal year 1983, other than funds not expended due to pending litigation: *Provided further,* That a State denied funding by reason of the preceding proviso may still apply for and receive funds for planning purposes. Railroad Safety For necessary expenses in connection with railroad safety, not otherwise provided for, $27,968,000, of which $2,090,000 shall remain available until expended. 101 STAT. 1329–371 Railroad Research and Development For necessary expenses for railroad research and development, $9,286,000, to remain available until expended. Northeast Corridor Improvement Program (including transfer of funds) For necessary expenses for improvements to the Communication and Signal Systems at locations between Wilmington, Delaware, and Boston, Massachusetts, on the Northeast Corridor main line and between Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, on the Harrisburg line; improvements to the Electric Traction System between Wilmington, Delaware, and Newark, New Jersey; installation of baggage rack restraints, seat back guards and seat lock devices on 348 passenger cars operating within the Northeast Corridor; installation of 44 event recorders and 10 electronic warning devices on locomotives operating within the Northeast Corridor; acquisition of cab signal test boxes and installation of 9 wayside loop code transmitters for use on the Northeast Corridor; North Philadelphia Station platform refurbishments, building renovations, and site improvements; and necessary mechanical, electrical, and structural repair work on the North Tunnel; $26,600,000, together with $950,000 to be derived from unobligated balances of “Airport access demonstration project”, to remain available until expended. Grants to the National Railroad Passenger Corporation To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for operating losses incurred by the Corporation, capital improvements, and labor protection costs authorized by 45 U.S.C. 565, to remain available until expended, $580,800,000: *Provided,* That none of the funds herein appropriated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the president of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status: *Provided further,* That the Secretary shall make no commitments to guarantee new loans or loans for new purposes under 45 U.S.C. 602 in fiscal year 1988: *Provided further,* That the incurring of any obligation or commitment by the Corporation for the purchase of capital improvements prohibited by this Act or not expressly provided for in an appropriation Act shall be deemed a violation of 31 U.S.C. 1341: *Provided further,* That no funds are required to be expended or reserved for expenditure pursuant to 45 U.S.C. 601(e): *Provided further,* That none of the funds in this or any other Act shall be made available to finance the rehabilitation and other improvements (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or eliminating such crossings, and the improvement of operational portions of stations related to intercity rail passenger service) on the main line track between Atlantic City, New Jersey, and the main line of the Northeast Corridor, unless the Secretary of Transportation certifies that not less than 40 per centum of the costs of such improvements shall be derived from non-Federal sources: *Provided further,* That, 101 STAT. 1329–372notwithstanding any other provision of law, the National Railroad Passenger Corporation shall not operate rail passenger service between Atlantic City, New Jersey, and the Northeast Corridor main line unless the Corporation’s Board of Directors determines that revenues from such service have covered or exceeded 80 per centum of the short term avoidable costs of operating such service in the first year of operation and 100 per centum of the short term avoidable operating costs for each year thereafter: *Provided further, *That none of the funds provided in this or any other Act shall be made available to finance the acquisition and rehabilitation of a line, and construction necessary to facilitate improved rail passenger service, between Spuyten Duyvil, New York, and the main line of the Northeast Corridor unless the Secretary of Transportation certifies that not less than 40 per centum of the costs of such improvements shall be derived from non-Amtrak sources. Railroad Rehabilitation and Improvement Financing Funds The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: *Provided, *That no new loan guarantee commitments shall be made during fiscal year 1988: *Provided further,* That, notwithstanding any other provision of law, the Secretary of Transportation shall sell all securities or promissory notes held by the Department of Transportation under authority of sections 502, 505–507, 509, and 511–513 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as amended: *Provided further,* That such securities or promissory notes authorized to be sold in the immediately preceding proviso shall be sold only for amounts greater than or equal to the net present value to the Government of each loan as determined by the Secretary of Transportation in consultation with the Secretary of the Treasury: *Provided further,* That the Secretary of Transportation shall transmit a written certification to the Committees on Appropriations of the Senate and House of Representatives for approval before the consummation of each sale certifying that the amount to be realized is equal to or greater than the net present value to the Government of each loan: *Provided further,* That, notwithstanding any other provision of law, all amounts realized from the sale of notes or securities sold under authority of this section shall be considered as domestic discretionary outlay offsets and not as “asset sales” or “loan prepayments” as defined by section 257(12) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Settlements of Railroad Litigation For the settlement of promissory notes pursuant to section 210(f) of the Regional Rail Reorganization Act of 1973 (Public Law 93–236), as amended, $38,950,246, to be derived from the proceeds of settlements of railroad litigation, to remain available until expended. 101 STAT. 1329–373 URBAN MASS TRANSPORTATION ADMINISTRATION Administrative Expenses For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964, as eunended (49 U.S.C. 1601 et seq.), and 23 U.S.C. chapter 1, in connection with these activities, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $31,882,000, of which not to exceed $600,000 shall be available for the Office of the Administrator. Research, Training, and Human Resources For necessary expenses for research, training, and human resources as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended, $12,217,000: *Provided,* That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for training. Formula Grants For necessary expenses to carry out the provisions of sections 9 and 18 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $1,731,703,000, together with $4,750,000 to carry out the provisions of section 18(h) of the Urban Mass Transportation Act, as amended, to remain available until expended: *Provided,* That notwithstanding any other provision of law, before apportionment of these funds, $12,350,000 shall be made available for the purposes of section 18 of the Urban Mass Transportation Act of 1964, as amended: *Provided further,* That, notwithstanding any other provision of law, of the funds provided under this Act for formula grants, no more than $804,691,892 may be used for operating assistance under section 9(k)(2) of the Urban Mass Transportation Act of 1964, as amended. Discretionary Grants (Limitation on Obligations) (Highway Trust Fund) None of the funds in this Act shall be available for the implementation or execution of programs in excess of $1,130,500,000, in fiscal year 1988 for grants under the contract authority authorized in section 21 (a)(2) and
(b)of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.). Mass Transit Capital Fund (Liquidation of Contract Authorization) (Highway Trust Fund) For payment of obligations incurred in carrying out section 21 (a)(2) and
(b)of the Urban Mass Transportation Act of 1964, as 101 STAT. 1329–374amended (49 U.S.C. 1601 et seq.), administered by the Urban Mass Transportation Administration, $1,100,000,000, to be derived from the Highway Trust Fund and to remain available until expended. Interstate Transfer Grants—Transit For necessary expenses to carry out the provisions of 23 U.S.C. 103(e)(4) related to transit projects, $123,500,000, to remain available until expended. Washington Metro For necessary expenses to carry out the provisions of section 14 of Public Law 96–184, $180,500,000, to remain available until expended. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is herebyContracts. authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year except as hereinafter provided in the “Limitation on administrative expenses”. Limitation on Administrative Expenses Not to exceed $2,016,000 shall be available for administrative expenses, which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: *Provided,* That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901–5902), and $15,000 shall be available for services as authorized by 5 U.S.C. 3109. Operations and Maintenance (Harbor Maintenance Trust Fund) For necessary expenses for operation and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $10,806,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION Research and Special Programs For expenses necessary to discharge the functions of the Research and Special Programs Administration, and for expenses for conducting research and development, $12,832,000, of which $1,939,000 shall remain available until expended: *Provided,* That there may be 101 STAT. 1329–375credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training. Pipeline Safety (Pipeline Safety Fund) For expenses necessary to conduct the functions of the pipeline safety program and for grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979, $8,550,000, to be derived from the Pipeline Safety Fund, of which $4,892,000 shall remain available until expended. OFFICE OF THE INSPECTOR GENERAL Salaries and Expenses For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $27,898,000. **TITLE II—** **RELATED AGENCIES** ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Salaries and Expenses For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $1,891,000. NATIONAL TRANSPORTATION SAFETY BOARD Salaries and Expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902), $24,000,000, of which not to exceed $500 may be used for official reception and representation expenses. INTERSTATE COMMERCE COMMISSION Salaries and Expenses For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, [49 USC 1034u](/us/usc/t49/s1034u) note.$44,294,000: *Provided,* That joint board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their official duties as such. 101 STAT. 1329–376 Payments for Directed Rail Service (Limitation on Obligations) None of the funds provided in this Act shall be available for the execution of programs the obligations for which can reasonably be expected to exceed $475,000 for directed rail service authorized under 49 U.S.C. 11125 or any other Act. PANAMA CANAL COMMISSION Operating Expenses For operating expenses necessary for the Panama Canal Commission, including hire of passenger motor vehicles and aircraft; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); not to exceed $10,000 for official reception and representation expenses of the Board; operation of guide services; residence for the Administrator, disbursements by the Administrator for employee and community projects; not to exceed $4,000 for official reception and representation expenses of the Secretary; not to exceed $25,000 for official reception and representation expenses of the Administrator; and to employ services as authorized by law (5 U.S.C. 3109); $407,088,000, to be derived from the Panama Canal Commission Fund: *Provided,* That there may be credited to this appropriation funds received from the Panama Canal Commission’s capital outlay account for expenses incurred for supplies and services provided for capital projects. Capital Outlay For acquisition, construction, replacement, and improvement of facilities, structures, and equipment required by the Panama Canal Commission, including the purchase of not to exceed 42 passenger motor vehicles for replacement only (including large heavy-duty vehicles used to transport Commission personnel across the Isthmus of Panama, the purchase price of which shall not exceed $14,000 per vehicle); and to employ services authorized by law (5 U.S.C. 3109); $33,715,000, to be derived from the Panama Canal Commission Fund and to remain available until expended. DEPARTMENT OF THE TREASURY Rebate of Saint Lawrence Seaway Tolls (Harbor Maintenance Trust Fund) For rebate of the United States’ portion of tolls paid for use of the St. Lawrence Seaway, pursuant to Public Law 99–662, $9,880,000, to remain available until expended and to be derived from the Harbor Maintenance Trust Fund, of which not to exceed $285,000 shall be available for expenses of administering the rebates. 101 STAT. 1329–377 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Interest Payments For necessary expenses for interest payments, to remain available until expended, $49,080,000: *Provided,* That these funds shall be disbursed pursuant to terms and conditions established by Public Law 96–184 and the Initial Bond Repayment Participation Agreement. **TITLE III—** **GENERAL PROVISIONS** Sec. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). Sec. 302. Funds appropriated for the Panama Canal Commission may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 1341), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law that are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. Sec. 303. [20 USC 241](/us/usc/t20/s241) note. Funds appropriated under this Act for expenditures by the Federal Aviation Administration shall be available
(1)except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236–244), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and
(2)for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. Sec. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18. Sec. 305. None of the funds appropriated in this Act for the Panama Canal Commission may be expended unless in conformance with the Panama Canal Treaties of 1977 and any law implementing those treaties. Sec. 306. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. Sec. 307. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year nor may any be transferred to other appropriations unless expressly so provided herein. 101 STAT. 1329–378 Sec. 308. None of the funds in this or any previous or subsequent Act shall be available for the planning or implementation of any change in the current Federal status of the Transportation Systems Center; and none of the funds in this Act shall be available for the implementation of any change in the current Federal status of the TurnerFairbank Highway Research Center. Sec. 309. The expenditure of any appropriation under this Act forContracts.Public formation. any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. Sec. 310.
(a)For fiscal year 1988 the Secretary of Transportation[23 USC 104](/us/usc/t23/s104) note. shall distribute the obligation limitation for Federal-aid highways by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction that are apportioned or allocated to each State for such Fiscal year bear to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction that are apportioned or allocated to all the States for such fiscal year.
(b)During the period October 1 through December 31, 1987, no State shall obligate more than 35 per centum of the amount distributed to such State under subsection (a), and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection.
(c)Notwithstanding subsections
(a)and (b), the Secretary shall—
(1)provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction that have been apportioned to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code;
(2)after August 1, 1988, revise a distribution of the funds made available under subsection
(a)if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and giving priority to those States which, because of statutory changes made by the Surface Transportation Assistance Act of 1982 and the Federal-Aid Highway Act of 1981, have experienced substantial proportional reductions in their apportionments and allocations; and
(3)not distribute amounts authorized for administrative expenses, the Federal lands highway program, the strategic highway research program and amounts made available under sections 149(d), 158, 159, 164, 165, and 167 of Public Law 100–17.
(d)The limitation on obligations for Federal-aid highways and highway safety construction programs for fiscal year 1988 shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, obligations under section 157 of title 23, United States Code, projects covered under section 147 of the Surface Transportation Assistance Act of 1978, section 9 of the Federal-Aid Highway Act of 1981, subsections 131
(b)and
(j)of Public Law 97–424, section 118 of the National Visitors Center Facilities Act of 101 STAT. 1329–3791968, section 320 of title 23, United States Code, projects authorized by Public Law 99–500 and Public Law 99–591, or projects covered under subsections 149
(b)and
(c)of Public Law 100–17.
(e)Subject to paragraph (c)(2) of this General Provision, a State which after August 1 and on or before September 30 of fiscal year 1988 obligates the amount distributed to such State in that fiscal year under paragraphs
(a)and
(c)of this General Provision may obligate for Federal-aid highways and highway safety construction on or before September 30, 1988, an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to such State—
(1)under sections 104, 130, 144, and 152 of title 23, United States Code, and
(2)for highway assistance projects under section 104(e)(4) of such title, which are not obligated on the date such State completes obligation of the amount so distributed.22 2 Copy read “distributed;”.
(f)During the period August 2 through September 30, 1988, the aggregate amount which may be obligated by all States pursuant to paragraph
(e)shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States—
(1)under sections 104, 130, 144, and 152 of title 23, United States Code, and
(2)for highway assistance projects under section 104(e)(4) of such title, which would not be obligated in fiscal year 1988 if the total amount of the obligation limitation provided for such fiscal year in this Act were utilized.23 23 Copy read “utilized; and”.
(g)Paragraph
(e)shall not apply to any State which on or after August 1, 1988, has the amount distributed to such State under paragraph
(a)for fiscal year 1988 reduced under paragraph (c)(2). Sec. 311. None of the funds in this Act shall be available for salaries and expenses of more than one hundred thirty-eight political and Presidential appointees in the Department of Transportation. Sec. 312. Not to exceed $665,000 of the funds provided in this Act for the Department of Transportation shall be available for the necessary expenses of advisory committees. Sec. 313. None of the funds in this or any other Act shall be made available for the proposed Woodward light rail line in the Detroit, Michigan2424 Copy read “Michigan, area”. area until a source of operating funds has been approved in accordance with Michigan law: *Provided,* That this limitation shall not apply to alternatives analysis studies under section 21(a)(2) of the Urban Mass Transportation Act of 1964, as amended. Sec. 314. Grants.[49 USC app. 1617](/us/usc/t49/s1617) note. The limitation on obligations for the Discretionary Grants program of the Urban Mass Transportation Administration shall not apply to any authority under section 21(a)(2) of the Urban Mass Transportation Act of 1964, as amended, previously made available for obligation. Sec. 315. Notwithstanding any other provision of law, none of the funds in this Act shall be available for the construction of, or any other costs related to, the Central Automated Transit System (Downtown People Mover) in Detroit, Michigan. 101 STAT. 1329–380 Sec. 316. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. Sec. 317.
(a)Safety Enforcement Program Performance.— TheReports.[49 USC 308](/us/usc/t49/s308) note. Secretary of Transportation shall on or before January 1 of each year transmit to the Congress a comprehensive report on the Federal Aviation Administration’s prior fiscal year safety enforcement activities. The report shall include:
(1)a comparison of end-of-year staffing levels by inspector category (operations, maintenance, avionics) to staffing goals and a statement as to how staffing standards were applied to make allocations between air carrier and general aviation operations, maintenance and avionics inspectors;
(2)schedules showing the range of inspector experience by various inspector work force categories, and the number of inspectors in each of the categories who are considered fully qualified;
(3)schedules showing the number and percentage of inspectors who have received mandatory training by individual course, and the number of inspectors, by work force categories, who have received all mandatory training;
(4)a description of the criteria used to set annual work programs, an explanation of how these criteria differ from criteria used in the prior fiscal year and how the annual work programs ensure compliance with appropriate Federal regulations and safe operating practices;
(5)a comparison of actual inspections performed during the fiscal year to the annual work programs disaggregated to the field locations and, for any field location completing less than 80 percent of its planned number of inspections, an explanation as to why annual work program plans were not met;
(6)a statement of the adequacy of Federal Aviation Administration internal management controls available to ensure that field managers are complying with Federal Aviation Administration policies and procedures including those regarding inspector priorities, district office coordination, minimum inspection standards, and inspection follow-up;
(7)the status of the Federal Aviation Administration’s effortsRegulations. to update inspector guidance documents and Federal regulations to include technological, management, and structural changes taking place within the aviation industry, including a listing of the backlog of all proposed regulatory changes;
(8)a list of the specific operational measures of effectiveness—“best proxies” standing between the ultimate goal of accident prevention and ongoing program activities—that are being used to evaluate progress in meeting program objectives, the quality of program delivery, and the nature of emerging safety problems;
(9)a schedule showing the number of civil penalty cases closed during the two prior fiscal years, including total initial assessments, total final assessments, total dollar amount collected, range of dollar amount collected, average case processing time, and range of case processing time;
(10)a schedule showing the number of enforcement actions taken, excluding civil penalties, during the two prior fiscal years, including total number of violations cited, and the number of cited violation cases closed by certificate suspension, certification revocations, warnings, and no action taken; and 101 STAT. 1329–381
(11)schedules showing the aviation industry’s safety record during the fiscal year for air carriers and general aviation, including the number of inspections performed where deficiencies were identified compared with inspections where no deficiencies were found and the frequency of safety deficiencies per carrier as well as an analysis based on the data of the general status of air carrier and general aviation compliance with Federal Aviation Regulations.
(b)[49 USC 301](/us/usc/t49/s301) note. Long-Range National Transportation Strategic Planning Study.— The Department of Transportation shall undertake a long-range, multi-modal national transportation strategic planning study. This study shall forecast long-term needs and costs for developing and maintaining facilities and services to achieve a desired national transportation program for moving people and goods in the year 2015. The study shall include detailed analyses of transportation needs within six to nine metropolitan areas that have diverse population, development, and demographic patterns, including at least one interstate metropolitan area. This study shall be submitted to Congress on or before October 1, 1989. Sec. 318. Federal Register, publication.Grants. Within seven calendar days of the obligation date, the Urban Mass Transportation Administration shall publish in the Federal Register an announcement of each grant obligated pursuant to sections 3 and 9 of the Urban Mass Transportation Act of 1964, as amended, including the grant number, the grant amount, and the transit property receiving each grant. Sec. 319. None of the funds appropriated in this Act may be used to prescribe, implement, or enforce a national policy specifying that only a single type of visual glideslope indicator can be funded under the facilities and equipment account or through the airport improvement program: *Provided,* That this prohibition shall not apply in the case of airports that are certified under part 139 of the Federal Aviation Regulations. Sec. 320. [49 USC app. 1348](/us/usc/t49/s1348) note.
(a)The Federal Aviation Administration shall satisfy the following air traffic controller work force staffing requirements by September 30, 1988:
(1)total air traffic controller work force level of not less than 15,900;
(2)total full performance level air traffic controllers of not less than 10,450; and
(3)at least 70 percent of the air traffic controller work force, excluding common screen students, at each center and level 3 and above terminal shall have achieved operational controller status.
(b)The Secretary may waive any requirement of this section by certifying that such requirement would adversely affect aviation safety: *Provided,* That such a waiver shall become effective 30 days after the Committees on Appropriations of the Senate and the House of Representatives are notified in writing of the Secretary’s intention to waive and reasons for waiving such requirement. Sec. 321. Contracts. Notwithstanding any other provision of law, funds appropriated in this or any other Act intended for studies, reports, or research, and related costs thereof including necessary capital expenses, are available for such purposes to be conducted through contracts or financial assistance agreements with the educational institutions that are specified in such Acts or in any report accompanying such Acts. 101 STAT. 1329–382 Sec. 322. The Secretary of Transportation shall permit the obligation of not to exceed $4,000,000, apportioned under title 23, United States Code, section 104(b)(5)(B) for the State of Florida for operating expenses of the TriCounty Commuter Rail Project in the area of Dade, Broward, and Palm Beach Counties, Florida, during each year that Interstate 95 is under reconstruction in such area. Sec. 323. Notwithstanding any provision of this or any other law, none of the funds provided by this Act for appropriation shall be available for payment to the General Services Administration for rental space and services at rates per square foot in excess of 100 percent of the rates paid during fiscal year 1987; nor shall this or any other provision of law require a reduction in the level of rental space or services below that of fiscal year 1987 or prohibit an expansion of rental space or services with the use of funds otherwise appropriated in this Act. Sec. 324. Notwithstanding any other provision of law, section 144(g)(2) of title 23, United States Code, shall not apply to the Virginia Street Bridge in Charleston, West Virginia. Sec. 325. The portion of Oklahoma State Route 99 between the United States Highway 377 and Interstate Route 1–44 which portion is on the Federal-aid primary system shall hereafter be designated as “United States Highway 377”. Any reference in a law, map, regulation, document, record or other paper of the United States to such highway shall be held to be a reference to “United States Highway 377”. Sec. 326. Within 12 months of enactment, the Federal AviationRegulations. Administration shall adopt regulations requiring the installation and carriage of operating automatic altitude reporting equipment for all aircraft operating in terminal airspace where air traffic control radar service is provided, and in all controlled airspace above a minimum altitude to be determined by the Federal Aviation Administration. This regulation shall be effective on the earliest feasible date. Sec. 327. None of the funds appropriated or made available by this Act or any other Act shall be made available to the New York Metropolitan Transportation Authority unless, within 90 days after the date of enactment of this Act, such authority prohibits all smoking on the Long Island Railroad. Sec. 328.
(a)Section 404 of the Federal Aviation Act of 1958 (49 U.S.C. 1374) is amended by adding at the end thereof the following[49 USC app. 1374](/us/usc/t49/s1374). subsection: " “prohibition against smoking on scheduled flights and tampering with smoke alarm devices “(d)
(A)On and after the date of expiration of the 4-month period following the date of the enactment of this subsection, it shall be unlawful to smoke in the passenger cabin or lavatory on any scheduled airline flight in intrastate, interstate, or overseas air transportation, if such flight is scheduled for 2 hours or less in duration. “(B) The Secretary of Transportation shall issue such regulationsRegulations. as may be necessary to carry out the provisions of this subsection. “(C) The provisions of paragraph
(1)of this subsection are repealed effective on the expiration of the 28-month period following the date of enactment of this subsection. 101 STAT. 1329–383 “(2) Any passenger who tampers with, disables, or destroys any smoke alarm device located in any lavatory aboard an aircraft engaged in air transportation or intrastate air transportation shall be subject to a civil penalty in accordance with section 901, except that such civil penalty may be imposed in an amount up to $2,000.”. "
(b)That portion of the table of contents of the Federal Aviation Act of 1958 under the heading: " “Sec. 404. Rates for carriage of persons and property; duty to provide service, rates, and divisions; foreign air transportation rates; discrimination;” " is amended by adding at the end thereof the following: " “(d) Prohibition against smoking on scheduled flights and tampering with smoke alarm devices.”. " Demonstration Program for Sixty-Five MPH Speed Limit Sec. 329. [23 USC 154](/us/usc/t23/s154) note.
(a)Any project approval under section 106 of title 23, United States Code, shall not be withheld under sections 154(a) and 141(a) of title 23, United States Code, in fiscal years 1988, 1989, 1990, and 1991 with respect to a highway located in a State eligible under subsection (b), having a maximum speed limit of not more than sixty-five miles per hour and located outside an urbanized area of fifty thousand population, which is—
(1)constructed to interstate standards in accordance with section 109(b) of title 23, United States Code and connected to an Interstate highway posted at sixty-five miles per hour;
(2)a divided four-lane fully controlled access highway designed or constructed to connect to an Interstate highway posted at sixty-five miles per hour and constructed to design and construction standards as determined by the Secretary of Transportation which provide a facility adequate for a speed limit of sixty-five miles per hour; or
(3)constructed to the geometric and construction standards adequate for current and probable future traffic demands and for the needs of the locality and is designated by the Secretary of Transportation as part of the Interstate System in accordance with section 139(c) of title 23, United States Code.
(b)Participation in the demonstration program authorized by this section is available only to the first twenty States that post maximum speed limits of sixty-five miles per hour before July 1, 1988, in accordance with the requirements of subsection (a). Sec. 330. [49 USC app. 1613](/us/usc/t49/s1613) note. Sums authorized under section 17(f) of the Urban Mass Transportation Act, as amended, shall also be used to cover costs incurred since 1978 by such States, bodies, and agencies as a result of the discontinuation of Conrail commuter rail services under section 1136 of the Northeast Rail Services Act of 1981. Eligible cost shall include but not be limited to additional costs incurred as a result of the assumption of commuter rail service and all liabilities assumed by such States, bodies, and agencies as a result of agreements with Conrail. The Federal share of any cost covered under this provision shall be 100 percent. Sec. 331. Section 149(b)(82) of the Surface Transportation and *Ante*, p. 181Uniform Relocation Assistance Act of 1987 is amended to read as follows: “(82) subsections (a)(82) and (a)(83) $2,300,000;”. Section 149(b)(83) of such Act is repealed, and succeeding paragraphs are renumbered accordingly. 101 STAT. 1329–384 Sec. 332. The portion of the Union Canal, also known as the Union[33 USC 59q–1](/us/usc/t33/s59q–1). Ship Canal, an appendage of the Buffalo Outer Harbor, located in the City of Buffalo, State of New York, is declared to be a non-navigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525, et seq.) from a point two hundred feet west of Fuhrmann Boulevard east to its terminus. Sec. 333. The Secretary of Transportation is authorized to transfer appropriated funds under “Office of the Secretary, Salaries and expenses”: *Provided,* That no appropriation shall be increased or decreased by more than 2½ per centum by all such transfers: *Provided further,* That any such transfer shall be submitted for approval to the House and Senate Committees on Appropriations. Sec. 334.
(a)Notwithstanding any other provision of law, with regard to the Atlantic City Airport, at Pomona, New Jersey, the Federal Aviation Administration shall not transfer any property to any municipality or any other entity operating such airport, nor shall any funds made available by this Act be available to such municipality or entity for any planning, study, design, engineering, or construction of a runway extension, new runway, new passenger terminal, or improvements to or expansion of the existing passenger terminal at such Airport, until such time as—
(1)the Master Plan Update for Atlantic City Airport and Bader Field, prepared pursuant to Federal Aviation Administration Contract FA–EA–2656, is completed and released; and
(2)the Administrator of the Federal Aviation Administration finds that a public entity has been created to operate and manage the Atlantic City Airport, which entity has the following characteristics:
(A)the authority to enter into contracts and other agreements,Contracts. including contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States;
(B)the standing to sue and be sued in its own name;
(C)the authority to hire and dismiss officers and employees;
(D)the power to adopt, amend and repeal bylaws, rules, and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised;
(E)the authority to acquire, in its own name, an interest in such real or personal property as is necessary or appropriate for the operation and maintenance of the airport;
(F)the power to acquire property by the exercise of the right of eminent domain;
(G)the power to borrow money by issuing marketable obligations, or such other means as is permissible for public authorities under the laws of the State of New Jersey;
(H)adequate existing capitalization to carry out all activities which are ordinarily necessary and appropriate to operate and maintain an airport;
(I)a governing board which includes voting representatives of the City of Atlantic City, the County of Atlantic and the townships which are adjacent to or are directly impacted by the airport;
(J)a charter which includes
(i)a requirement that members of the governing board have expertise in transportation, finance, law, public administration, aviation, or such 101 STAT. 1329–385other fields or disciplines as would be necessary or appropriate for the operation of an airport; and
(ii)procedures which protect the research and development mission of the Federal Aviation Technical Center at Pomona, New Jersey, and the defense functions of the Air National Guard; and
(K)the authority to carry out comprehensive transportation planning to minimize traffic congestion and facilitate access to and from the airport.
(b)The limitation on funds set forth in subsection
(a)shall not apply to any expenditure which the Administrator of the Federal Aviation Administration determines is needed for safety purposes.
(c)Notwithstanding any other provision of law, the funds restricted under subsection
(a)shall become available at such time as the conditions set forth in subsection
(a)are satisfied. Sec. 335. Notwithstanding section 127 of title 23, United States Code, the State of Wyoming may permit the use of the National System of Interstate and Defense Highways located in Wyoming by vehicles in excess of 80,000 pounds gross weight, but meeting axle and bridge formula specifications in section 127 of title 23, United Reports.States Code, through September 30, 1991. Additionally, the Secretary of Transportation shall report, by September 30, 1990, to the Senate and House Appropriations Committees, and to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the United States Senate, on the productivity and economic benefits, the safety performance, and the effects of such vehicles on the condition of the highways over which they were operated. Sec. 336. Transfer of Section 9 Funds.— The Governor of Louisiana, after consultation with all urbanized areas within Louisiana, may transfer not to exceed $5,000,000 of unused apportionments under section 9 of the Urban Mass Transportation Act of 1964 to any other urbanized area for use for urban mass transportation purposes.Termination date. The authority to transfer these funds expires on October 1, 1988. Sec. 337. Section 149(a)(89) of the Surface Transportation and *Ante*, p. 181.Uniform Relocation Assistance Act of 1987 is amended by striking the language therein and inserting in lieu thereof: " “The Secretary is authorized to carry out a project to construct a full-diamond interchange to connect Louisiana Highway 354 to Interstate Route 1–10 in East Lafayette, Louisiana.”. " Sec. 338. Notwithstanding any other provision of this joint resolution or of any other law, section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181) is amended by adding after subsection
(k)the following new subsection (1). " “(1) Request for Reallocation.— If, in any fiscal year amounts allocated to the State of Nevada under subsections
(b)and
(d)to carry out subsection (a)(68), (a)(105), or (a)(106), are not sufficient to complete any project authorized by such subsections, such State may request the Secretary to reallocate all or any portion of such funds for another of such projects. “(2) Granting of Requests.— The Secretary shall grant a request made under paragraph
(1)if the respective local officials having jurisdiction over the area in which the concerned projects are located consent to such request. “(3) Adjustment of Allocation.— If any funds allocated for a project are reallocated to another project pursuant to this subsec-101 STAT. 1329–386tion, the amount of funds allocated for such projects in succeeding fiscal years shall be adjusted so that the aggregate amount of funds allocated for each of such projects under this section for fiscal years 1987 through 1991 is equal to the aggregate amount of funds allocated for such projects for such fiscal years by subsections
(b)and
(d)of this section.”. " Sec. 339. Notwithstanding any other provision of law, the Secretary[23 USC 130](/us/usc/t23/s130) note. shall make available $250,000 per year for a national public information program to educate the public of the inherent hazard at railway-highway crossings. Such funds shall be made available out of funds authorized to be appropriated out of the Highway Trust Fund, pursuant to section 130 of title 23, United States Code. Sec. 340. Section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 is amended
(1)by striking in*Ante,* p. 181. subsection (b)(111)(H) “$80,000” and inserting in lieu thereof “$100,000” and
(2)in subsection (b)(111)(I) by striking “$100,000” and inserting in lieu thereof “$80,000”. Sec. 341. Section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 is amended by striking subsections 111
(A)and
(B)and inserting in lieu thereof the following: " “(A)
(1)Morton county.— The Secretary is authorized to carry out a project to obtain easements for and construct an access road in Morton County FAS, Route 3020 from 11 miles south of Sweet Briar Lake, 1 ½ miles south of Fish Creek Lake, then easterly 8 miles to Morton County FAS Route 3047. “(2) Morton county.— The Secretary is authorized to carry out a project to construct an access road in Morton County, FAS Route 3002 from 6 miles north of Crown Butte Road, then easterly 2 miles to North Dakota State Highway 1806. “(3) Morton county.— The Secretary is authorized to carry out a project to construct an access road in Morton County, FAS Route 3039 from Sweet Briar Lake, north 7 miles to the Oliver County line. “(B)
(1)Mercer county.— The Secretary is authorized to carry out a project to construct an access road in Mercer County, FAS Route 2927 from 4 miles north of Hazen, North Dakota; north 8 miles to Hazen Bay, Lake Sakakawea or from 4 miles north of Hazen, North Dakota; then 3 miles north and 6 miles east to intersection of N.D. 200 and Mercer County Route 37; then in a southeasterly direction approximately 10 miles to the north corporate limits of the City of Stanton, North Dakota. “(2) Mercer county.— The Secretary is authorized to carry out a project to construct an access road in Mercer County, County FAS Route 2927 from 4 miles north of Hazen, North Dakota north 8 miles to Hazen Bay, Lake Sakakawea or from 4 miles north of Hazen, North Dakota then 8 miles north to the intersection of North Dakota 1806; then east to the intersection of North Dakota 200; then south 5 miles to Mercer County, Route 37; then in a southeasterly direction approximately 10 miles to the north corporate limits of the City of Stanton, North Dakota. “(3) Mercer county.— The Secretary is authorized to carry out a project to construct an access road in Mercer County, County FAS Route 2927 from 4 miles north of Hazen, North Dakota, north 8 miles to Hazen Bay, Lake Sakakawea, or 7 miles north of the junction with North Dakota 200 and 200 A; 101 STAT. 1329–387then east 3 miles, south 2 miles, east 2 miles, and south 3 miles to the north corporate limits of the City of Stanton, North Dakota. “(4) Mercer county.— The Secretary is authorized to carry out a project to construct an access road in Mercer County, County FAS Route 2927, from 4 miles north of Hazen, North Dakota, north 8 miles to Hazen Bay, Lake Sakakawea, or Knife River Indian Village Historic Site access road.”. " Sec. 342. The Surface Transportation and Uniform Relocation Assistance Act of 1987 is amended by inserting at the end of section *Ante*, p. 181.149 a new subsection to read as follows: " “The State of North Dakota may elect to utilize the total amount of funds authorized for such State under section 149
(b)and
(d)in any given year for any project or projects in the State of North Dakota as authorized under section 149. The total amount of Federal funds obligated for any project under section 149 shall not exceed the total 5 year authorization for such project.”. " Sec. 343.
(a)Notwithstanding any other provision of law, the Secretary of Transportation shall provide not to exceed $20,000,000 out of the emergency relief fund authorized under section 125 of title 23, United States Code, to pay the expenses incurred in the reconstruction or repair of the bridge over Schoharie Creek in the State of New York that is on Interstate Route 90, including any expenses incurred in conducting the investigation of the cause of the collapse of the bridge and the expenses incurred in detouring traffic around the site of the bridge until the reconstruction or repair is completed.
(b)No payment of an expense may be made by reason of subsection
(a)if such expense is paid or reimbursed—
(1)under any Federal program other than section 125 of title 23, United States Code, or
(2)under any insurance policy covering the bridge described in subsection (a).
(c)Regulations. The provisions of section 125 of title 23, United States Code, and any regulations prescribed under such section, regarding the expenditure of funds provided under such section shall apply to any funds provided by reason of subsection
(a)to the extent such provisions and regulations are consistent with the provisions and purposes of this joint resolution. Sec. 344. Section 165 of the Federal-Aid Highway Act of 1987 *Ante*, p. 214.(Public Law 100–17) relating to a cost effectiveness study of upgrading of Route 219 is amended as follows:
(1)Subparagraph
(B)of subsection (a)(1) is amended to read as follows: " “(B) between Springville, New York, and its intersection with the New York-Pennsylvania State line;”. "
(2)Subsection
(b)is amended by striking “1 year” and inserting “18 months”. Sec. 345. Paragraph
(72)of section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 192) is amended to read as follows: " “(72) Douglas County, Kansas.— The Secretary shall carry out a highway project in Douglas County, Kansas, to demonstrate methods of reducing traffic congestion and facilitating the usage by motorists on the Interstate System of recreational facilities by construction of a limited access road of approximately 14 miles in length which, at its western terminus, will provide access from an 101 STAT. 1329–388east-west Interstate highway route to a reservoir and a university research park, will proceed easterly around the southern portion of the City of Lawrence and, at its eastern terminus, will provide access to a business park and a limited access east-west State highway.”. " Sec. 346. Section 163(n) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 130 note) is amended by adding “except those railroad-highway crossings segments which are already engaged in or have completed the preparation of the plans, specifications and estimates (PS&E) for the construction of the segment involved shall retain the Federal share as specified in subsection 163(n) as amended by section 134 of the Surface Transportation Assistance Act of 1978. Technical Amendments to Title 23 Sec. 347.
(a)Section 104.— Section 104(g) of title 23, United States Code, is amended—
(1)in the first sentence by striking out “sections 144, 152, and 153 of this title, or section 203(d) of the Highway Safety Act of 1973,” and inserting in lieu thereof “sections 130, 144, and 152 of this title”; and
(2)by striking out the third sentence.
(b)Section 119.— Section 119(f)(2)(B) of such title is amended by striking out “equal to” and inserting in lieu thereof “not to exceed”.
(c)Section 127.— Section 127(a) of such title is amended by striking out “September 1, 1988” each place it appears and inserting in lieu thereof “September 1, 1989”.
(d)Section 129.—
(1)Section 129(j)(1) of such title is amended by striking out “(7)” and inserting in lieu thereof “(8)”.
(2)Section 129(j)(3) of such title is amended—
(A)by striking out “(7)” and inserting in lieu thereof “(8)”;
(B)by striking out “State of Pennsylvania” and inserting in lieu thereof “States of Pennsylvania and West Virginia”;
(C)by inserting “State of Georgia,” after “State of Florida,”; and
(D)by adding at the end thereof the following new sentence: “The toll facility in Orange County, California, may be located in more than 1 highway corridor to relieve congestion on existing interstate routes in such County.”. Technical Amendments to Surface Transportation and Uniform Relocation Assistance Act Sec. 348.
(a)Section 134.— Section 134 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (23 U.S.C. 202 note) is amended by striking out “and 1990,” and inserting in lieu thereof “1990, and 1991,”.
(b)Section 149(a).—
(1)Section 149(a)(5)(B) of such Act is*Ante.* p. 181. amended—
(A)by striking out “reconstructing 2” and inserting in lieu thereof “rehabilitating 3”; and
(B)by striking out “and Bagley” and inserting in lieu thereof “, Bagley, and Shevlin”.
(2)Section 149(a)(15) of such Act is amended by striking out “a highway project for construction of a grade separation on a route” and inserting in lieu thereof “highway projects for construction of grade separations on routes”. 101 STAT. 1329–389
(3)Section 149(a)(16) of such Act is amended by striking out “project to demonstrate” and all that follows through “the effectiveness” and inserting in lieu thereof “projects to demonstrate methods by which railroad relocation and construction of grade separations for railroad crossings of highways and streets enhances urban redevelopment”.
(4)Section 149(a)(46) of such Act is amended—
(A)by inserting “and Andover” after “in Lawrence”; and
(B)by striking out “under construction” and all that follows through the period at the end of such section and inserting in lieu thereof “by providing access between an interstate route and Merrimack Street.”.
(5)Section 149(a)(81) of such Act is amended by inserting “(A)” after “carry out” and by inserting “and
(B)construction of such project,” after “Florida,”.
(6)Section 149(a)(102) of such Act is amended by striking out “for the design and site location”.
(7)Section 149(a)(121) of such Act is amended by striking out “Virginia” and inserting in lieu thereof “Virginia)” and by striking out “Service)” and inserting in lieu thereof “Service”.
(c)Section 149(b).—
(1)Section 149(b)(57) of such Act is amended by striking out “land acquisition under”.
(2)Section 149(b)(64) of such Act is amended by striking out “preliminary engineering and design under”.
(3)Section 149(b)(70) of such Act is amended by striking out “preliminary engineering and design under”.
(d)Section 149(i).—
(1)Amendment.— Section 149(i) of such Act is amended by adding at the end thereof the following new sentence: “50 percent of the funds allocated under subsections
(b)and
(d)to carry out subsection (a)(104) shall be allocated to the State of Nebraska, and the other 50 percent of such funds shall be allocated to the State of Iowa.”.
(2)Effective date.— The amendment made by paragraph
(1)shall take effect April 2, 1987.
(e)Section 149(k).— Section 149(k)(2) of such Act is amended by striking out “104(b)(5)(A))” and inserting in lieu thereof “subsection (b)(5)(A))”.
(f)*Ante*, p. 215 Section 167.— Section 167(b) of such Act is amended by striking out “9 months” and inserting in lieu thereof “3 years”.
(g)*Ante*, p. 219. Section 202.— Section 202(c) of such Act is amended by striking out “(a)(3)” and inserting in lieu thereof “(a)(1)”.
(h)[23 USC 401](/us/usc/t23/s401) note. Section 208.— Section 208(a) of such Act is amended by striking out “Not later than 30 months after the date of the enactment of this Act, the” and inserting in lieu thereof “The”. Cumberland Gap Sec. 349. [92 Stat. 2690](/us/stat/92/2690). Section 104(a)(8) of the Federal-Aid Highway Act of 1978 is amended by adding at the end thereof the following new sentence: “Funds may be appropriated under an authorization contained in this paragraph in the fiscal year authorized and any fiscal year thereafter.”. Highway Feasibility Studies Sec. 350.
(a)Illinois and Missouri.— The Secretary of Transportation, in cooperation with the States of Illinois and Missouri, shall 101 STAT. 1329–390study the feasibility and necessity of constructing a toll expressway between Chicago, Illinois, and Kansas City, Missouri.
(b)Alabama.— The Secretary of Transportation shall study the feasibility and necessity of completing a beltway around the city of Birmingham, Alabama.
(c)Federal Share.— The Federal share of the cost of conducting each study under this section shall be 65 percent.
(d)Reports.— Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall transmit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the results of the studies conducted under this section.
(e)Amendments to New York Feasibility Study.— Section 168 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 is amended—*Ante.* p. 216.
(1)by inserting at the end of subsection
(a)the following new sentence: “Such study shall include environmental assessment, economic analysis, economic impact, engineering, and rail rationalization studies.”; and
(2)in subsection
(c)by striking out “one year” and inserting in lieu thereof “2 years”. Exemption From Certain Procedural Requirements Sec. 351. Notwithstanding any other provision of law, the withdrawal of Interstate Route 1–420 in the State of Georgia shall be exempt from the procedural requirements of section 103(e)(4) of title 23, United States Code, including the regulations issued under such section. Highway Widening Demonstration Project Sec. 352.
(a)Project Description.— The Secretary of Transportation is authorized to carry out a demonstration project to improve United States Route 202 between 1–76 and Pennsylvania State Route 252 in the vicinity of King of Prussia, Pennsylvania.
(b)Authorization of Appropriations.— There is authorized to be appropriated $19,000,000 to carry out this section. Any funds appropriated pursuant to this section shall remain available until expended and shall be exempt from any limitation on obligations for Federal-aid highways and highway safety construction programs.
(c)Federal Share.— The Federal share of the cost of the project authorized by this section shall not exceed 80 percent. This Act may be cited as the “Department of Transportation and Related Agencies Appropriations Act, 1988”.
(m)Such amounts as may be necessary for programs, projects or activities provided for in the Treasury, Postal Service and General Government Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows: 101 STAT. 1329–391 AN ACTTreasury, Postal Service and General Government Appropriations Act, 1988. Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1988, and for other purposes. TITLE I— DEPARTMENT OF THE TREASURYTreasury Department Appropriations Act, 1988. Office of the Secretary salaries and expenses For necessary expenses of the Office of the Secretary including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; not to exceed $22,000 for official reception and representation expenses; not to exceed $200,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate; not to exceed $573,000, to remain available until expended, for repairs and improvements to the Main Treasury Building and Annex; $55,681,000. international affairs For necessary expenses of the international affairs function of the Office of the Secretary, hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; not to exceed $2,000,000 for official travel expenses; and not to exceed $73,000 for official reception and representation expenses; $23,422,000. Federal Law Enforcement Training Center salaries and expenses For necessary expenses of the Federal Law Enforcement Training Center, as a bureau of the Department of the Treasury, including purchase (not to exceed eight for police-type use); and hire of passenger motor vehicles; for expenses for student athletic and related activities; uniforms without regard to the general purchase price limitation for the current fiscal year; the conducting of and participating in firearms matches and presentation of awards; not to exceed $3,000,000 for major maintenance and facility improvements, and related equipment for the Federal Law Enforcement Training Center facility to remain available until expended; not to exceed $200,000 for the development of a Master Plan for future land and facility use at Glynco, Georgia, to remain available until expended; not to exceed $5,000 for official reception and representation expenses; and services as authorized by 5 U.S.C. 3109: *Provided,* That funds appropriated in this account shall be available for State and local government law enforcement training on a space-available basis; training of foreign law enforcement officials on a space-available basis with reimbursement of actual costs to this appropriation; acceptance of gifts; training of private sector security officials on a space available basis with reimbursement of actual costs to this appropriation; travel expenses of non-Federal personnel to attend 101 STAT. 1329–392State and local course development meetings at the Center: *Provided further,* That the Federal Law Enforcement Training Center shall hire and maintain an average of not less than 325 direct full-time equivalent positions for fiscal year 1988: *Provided further,* That the new residential facility at the Federal Law Enforcement Training Center at Glynco, Georgia, shall be designated as the “Aubrey A. ‘Tex’ Gunnels Dormitory Complex”; $28,672,000. Financial Management Service salaries and expenses For necessary expenses of the Financial Management Service, $265,000,000, of which not to exceed $7,213,000 shall remain available until expended for systems modernization initiatives. Bureau of Alcohol, Tobacco and Firearms salaries and expenses For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms, including purchase of not to exceed five hundred vehicles for police-type use for replacement only; and hire of passenger motor vehicles; hire of aircraft; and services of expert witnesses at such rates as may be determined by the Director; not to exceed $5,000 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement; provision of laboratory assistance to State and local agencies, with or without reimbursement; $217,531,000, of which $15,000,000 shall be available solely for the enforcement of the Federal Alcohol Administration Act during fiscal year 1988, and of which not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by 18 U.S.C. 924(d)(2): *Provided,* That no funds appropriated herein shall be available for administrative expenses in connection with consolidating or centralizing within the Department of the Treasury the records of receipts and disposition of firearms maintained by Federal firearms licensees or for issuing or carrying out any provisions of the proposed rules of the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, on Firearms Regulations, as published in the Federal Register, volume 43, number 55, of March 21, 1978: *Provided further,* That none of the funds appropriated herein shall be available for explosive identification or detection tagging research, development, or implementation: *Provided further,* That not to exceed $300,000 shall be available for research and development of an explosive identification and detection device: *Provided further,* That funds made available under this Act shall be used to maintain a base level of 3,451 full-time equivalent positions for fiscal year 1988. United States Customs Service salaries and expenses For necessary expenses of the United States Customs Service, including purchase of up to seven hundred motor vehicles for replacement only, including six hundred eighty for police-type use and commercial operations; for additional purchase of up to two hundred fifty new passenger motor vehicles for police-type use and 101 STAT. 1329–393commercial operations; hire of passenger motor vehicles; not to exceed $10,000 for official reception and representation expenses; and awards of compensation to informers, as authorized by any Act enforced by the United States Customs Service; $966,000,000, of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations, and not to exceed $4,000,000, to remain available until expended, for research: *Provided,* That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: *Provided further,* That none of the funds made available by this Act shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of $25,000: *Provided further, *That the Commissioner or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Service: *Provided further,* That none of the funds made available by this Act may be used for administrative expenses in connection with the proposed redirection of the Equal Employment Opportunity Program: *Provided further,* That none of the funds made available by this Act shall be available for administrative expenses to reduce the number of Customs Service regions below seven during fiscal year 1988: *Provided further,* That the United States Customs Service shall hire and maintain an average of not less than 16,099 full-time equivalent positions in fiscal year 1988: *Provided further,* That none of the funds made available in this or any other Act may be used to fund more than nine hundred positions in the Headquarters staff of the United States Customs Service in the fiscal year ending September 30, 1988: *Provided further,* That no funds appropriated by this Act may be used to reduce to single eight hour shifts at airports and that all current services as provided by the Customs Service shall continue through September 30, 1988: *Provided further,* That not less than $300,000 shall be expended for additional part-time and temporary positions in the Honolulu Customs District: *Provided further,* That $600,000 shall be available only for the purchase of 6 additional mobile X-Ray Systems for the United States Customs Service. Operation and Maintenance, Air Interdiction Program For expenses, not otherwise provided for, necessary for the hire, lease, acquisition (transfer or acquisition from any other agency), operation and maintenance of aircraft, and other related equipment of the Air Program; $140,000,000 to remain available until expended, of which $2,000,000 shall be available for construction of a hangar and administrative complex for the Customs Aviation Branch located in Albuquerque, New Mexico: *Provided,* That no aircraft or other related equipment, shall be transferred on a permanent basis to any other Federal agency, Department, or office outside of the Department of the Treasury during fiscal year 1988. Customs Forfeiture Fund (limitation on availability of deposits) For necessary expenses of the Customs Forfeiture Fund, not to exceed $10,000,000, as authorized by Public Law 98–473 and Public Law 98–573; to be derived from deposits in the Fund. 101 STAT. 1329–394 Customs Services at Small Airports (to be derived from fees collected) Such sums as may be necessary, not to exceed $486,000, for expenses for the provision of Customs services at certain small airports designated by the Secretary of the Treasury, including expenditures for the salaries and expenses of individuals employed to provide such services, to be derived from fees collected by the Secretary of the Treasury pursuant to section 236 of Public Law 98–573 for each of these airports, and to remain available until expended. Payment to the Government of Puerto Rico For payment of a grant to the Government of Puerto Rico, $7,800,000 to remain available until expended, for the purchase and installation of an aerostat radar drug interdiction surveillance system. United States Mint salaries and expenses For necessary expenses of the United States Mint; $42,000,000, of which $965,000 shall remain available until expended for research and development projects and of which $75,000 may be used to host the International Mint Directors’ Conference in the United States in 1988, including but not limited to reception and representation expenses: *Provided,* That such fees as are collected from participants at the International Mint Directors’ Conference shall be merged with and credited to this account, notwithstanding the provisions of 31 U.S.C. 3302. Bureau of the Public Debt administering the public debt For necessary expenses connected with any public-debt issues of the United States; $215,000,000. Payment of Government Losses in Shipment For payment of Government losses in shipment, in accordance with section 2 of the Act approved July 8, 1937 (40 U.S.C. 722) $400,000, to remain available until expended. Internal Revenue Service salaries and expenses For necessary expenses of the Internal Revenue Service, not otherwise provided; for executive direction and management services, and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $87,165,000, of which not to exceed $25,000 for official reception and representation expenses and of which not to exceed $500,000 shall remain available until expended, for research. 101 STAT. 1329–395 processing tax returns For necessary expenses of the Internal Revenue Service not otherwise provided for; including processing tax returns; revenue accounting; computer services; and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $1,691,076,000, of which not to exceed $80,000,000 shall remain available until expended for systems modernization initiatives: *Provided,* That of the total amount appropriated under this heading, $17,800,000 shall be available for the Statistics of Income Program in fiscal year 1988. examinations and appeals For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities; employee plans and exempt organizations; tax litigation; hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $1,849,581,000. investigation, collection, and taxpayer service For necessary expenses of the Internal Revenue Service for investigation and enforcement activities; including purchase (not to exceed four hundred and fifty-one for replacement only, for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); securing unfiled tax returns; collecting unpaid accounts; examining selected employment and excise tax returns; technical rulings; enforcement litigation; providing assistance to taxpayers; and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner: *Provided,* That notwithstanding any other provision of this Act, none of the funds made available by this Act shall be used to reduce the number of positions allocated to taxpayer service activities below fiscal year 1984 levels, or to reduce the number of positions allocated to any other direct taxpayer assistance functions below fiscal year 1984 levels, including, but not limited to Internal Revenue Service toll-free telephone tax law assistance and walk-in assistance available at Internal Revenue Service field offices: *Provided further,* That the Internal Revenue Service shall fund the Tax Counseling for the Elderly Program at $2,650,000. The Internal Revenue Service shall absorb within existing funds the administrative costs of the program in order that the full $2,650,000 can be devoted to program requirements; $1,431,058,000. Administrative Provisions—Internal Revenue Service Section 1. Not to exceed 4 per centum of any appropriation made available to the Internal Revenue Service for the current fiscal year by this Act may be transferred to any other Internal Revenue Service appropriation. Sec. 2. Not to exceed 15 per centum, or $15,000,000, whichever is greater, of any appropriation made available to the Internal Revenue Service for document matching for the current fiscal year by this Act may be transferred to any other Internal Revenue Service appropriation for document matching. 101 STAT. 1329–396 United States Secret Service salaries and expenses For necessary expenses of the United States Secret Service, including purchase (not to exceed three hundred and forty-three vehicles for police-type use for replacement only and hire of passenger motor vehicles; hire of aircraft; training and assistance requested by State and local governments, which may be provided without reimbursement; services of expert witnesses at such rates as may be determined by the Director; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; the conducting of and participating in firearms matches and presentation of awards and for travel of Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act: *Provided,* That approval is obtained in advance from the House and Senate Committees on Appropriations; for repairs, alterations, and minor construction at the James J. Rowley Secret Service Training Center; for research and development; for making grants to conduct behavioral research in support of protective research and operations; not to exceed $12,500 for official reception and representation expenses; for payment in advance for commercial accommodations as may be necessary to perform protective functions in fiscal year 1988; and for uniforms without regard to the general purchase price limitation for the current fiscal year; $367,000,000, of which $5,000,000 shall remain available until expended for continued construction at the James J. Rowley Secret Service Training Center, and of which $29,911,000 shall be available for Presidential candidate protective activities pursuant to 18 U.S.C. 3056(a)(7). Department of the Treasury—General Provisions Section 101. Appropriations to the Treasury Department in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services as authorized by 5 U.S.C. 3109. Sec. 102. None of the funds appropriated by this title shall be used in connection with the collection of any underpayment of any tax imposed by the Internal Revenue Code of 1954 unless the conduct of officers and employees of the Internal Revenue Service in connection with such collection complies with subsection
(a)of section 805 (relating to communication in connection with debt collection), and section 806 (relating to harassment or abuse), of the Fair Debt Collection Practices Act (15 U.S.C. 1692). Sec. 103. Not to exceed 2 per centum of any appropriations in this title for the Department of the Treasury may be transferred between such appropriations. However, no such appropriation shall be increased or decreased by more than 1 per centum and any such proposed transfers shall be approved in advance by the Committees on Appropriations of the House and Senate. 101 STAT. 1329–397 Sec. 104. None of the funds made available by this title may be used to place the United States Secret Service, the United States Customs Service, or the Bureau of Alcohol, Tobacco, and Firearms under the operation, oversight, or jurisdiction of the Inspector General of the Department of the Treasury. Sec. 105. The Department of the Treasury shall undertake a study analyzing the economic impact and administrative complexity resulting from section 453C of the Internal Revenue Code, and recommending revenue-neutral alternatives to this section which would minimize that impact and complexity. The study shall also analyze the impact of the effective date of section 453C on fiscal year taxpayers. The study shall be completed as soon as practicable but no later than August 15, 1988. Sec. 106. Section 613a24a 24a Copy read “Section 61.3b”. of the Tariff Act of 1930, as amended (19 U.S.C. 1613b) is amended by inserting the following between subsection (a)(5)(iv) and subsection (b): " “(v) the equipping for law enforcement functions of any vessel, vehicle, equipment, or aircraft available for official use by a State or local law enforcement agency if the conveyance will be used in joint law enforcement operations with the Customs Service. “(vi) the payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint operations with the Customs Service.”. " This title may be cited as the “Treasury Department Appropriations Act, 1988”. TITLE II— UNITED STATES POSTAL SERVICEPostal Service Appropriation Act, 1988. Payment to the Postal Service Fund For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsection
(c)of section 2401 of title 39, United States Code; $517,000,000: *Provided,* That mail for overseas voting and mail for the blind shall continue to be free: [39 USC 403](/us/usc/t39/s403) note.*Provided further,* That six-day delivery and rural delivery of mail shall continue at the 1983 level: *Provided further,* That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: *Provided further,* That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in the fiscal year ending on September 30, 1988. Payment to the Postal Service Fund for Nonfunded Liabilities For payment to the Postal Service Fund for meeting the liabilities of the former Poet Office Department to the Employees’ Compensation Fund pursuant to 39 U.S.C. 2004, $1,000. 101 STAT. 1329–398 United States Postal Service—Administrative Provisions Section 1. None of the funds appropriated in this Act or made available by 39 U.S.C. 2401(a) shall be used by the United States Postal Service or any other governmental agency for the purpose of locating a regional mail distribution center in the Westchester Business Park on Westpark Drive in the Town of North Castle, New York, for a period of one hundred and eighty days. Sec. 2. Funds made available to the United States Postal Service pursuant to section 2401(a) of title 39, United States Code, shall be used hereafter to continue full postal service to the people of Holly Springs proper, including upgrading, remodeling, and improving the United States Post Office building located at 110 North Memphis Street, Holly Springs, Mississippi. This title may be cited as the “Postal Service Appropriation Act, 1988”. TITLE III— EXECUTIVE OFFICE OF THE PRESIDENTExecutive Office Appropriations Act, 1988. Compensation of the President For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102; $250,000: *Provided,* That none of the funds made available for[3 USC 102](/us/usc/t3/s102) note. official expenses shall be expended for any other purpose and any unused amount shall revert to the Treasury pursuant to section 1552 of title 31 of the United States Code: *Provided further,* That none of the funds made available for official expenses shall be considered as taxable to the President. Office of Administration salaries and expenses For necessary expenses of the Office of Administration; $16,000,000 including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles. White House Conference for a Drug Free America salaries and expenses For necessary expenses of the White House Conference for a Drug Free America, $2,500,000. The White House Office salaries and expenses For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); not to exceed $20,000 for official entertainment ex-101 STAT. 1329–399penses, to be available for allocation within the Executive Office of the President; $26,426,000. Executive Residence at the White House operating expenses For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President; $7,403,000, of which $2,400,000 for the repair of the face of the Executive Residence shall remain available until expended, to be expended and accounted for as provided by 3 U.S.C. 105,109–110,112–114. Official Residence of the Vice President operating expenses For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the official residence of the Vice President, the hire of passenger motor vehicles, and not to exceed $75,000 for official entertainment expenses of the Vice President, to be accounted for solely on his certificate; $258,000: *Provided,* That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. Special Assistance to the President salaries and expenses For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles; $2,163,000. Council of Economic Advisers salaries and expenses For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021); $2,500,000. Office of Policy Development salaries and expenses For necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107; $3,000,000. National Critical Materials Council salaries and expenses For necessary expenses of the National Critical Materials Council, including activities as authorized by Public Law 98–373; $350,000. 101 STAT. 1329–400 National Security Council salaries and expenses For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109; $5,000,000. Office of Management and Budget salaries and expenses For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109; $39,000,000 of which not to exceed $4,500,000 shall be available to carry out the provisions of 44 U.S.C., chapter 35: *Provided,* That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: *Provided further,* That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): *Provided further,* That none of the funds made available for the Office of Management and Budget by this Act may be expended for the review of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committee on Appropriations or the Committee on Veterans’ Affairs or their subcommittees: *Provided further,* That this proviso shall not apply to printed hearings released by the Committee on Appropriations or the Committee on Veterans’ Affairs: *Provided further,* That none of the funds made available by this Act or any other Act shall be used to reduce the scope or publication frequency of statistical data relative to the operations and production of the alcoholic beverage and tobacco industries below fiscal year 1985 levels: *Provided further,* That none of the funds appropriated by this Act shall be available to the Office of Management and Budget for revising, curtailing or otherwise amending the administrative and/or regulatory methodology employed by the Bureau of Alcohol, Tobacco and Firearms to assure compliance with section 205, title 27 of the United States Code (Federal Alcohol Administration Act) or with regulations, rulings or forms promulgated thereunder. Office of Federal Procurement Policy salaries and expenses For expenses of the Office of Federal Procurement Policy, including services as authorized by 5 U.S.C. 3109; $2,300,000. Unanticipated Needs For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year; $1,000,000. 101 STAT. 1329–401 This title may be cited as the “Executive Office Appropriations Act, 1988”. TITLE IV— INDEPENDENT AGENCIESIndependent Agencies Appropriations Act, 1988. Administrative Conference of the United States salaries and expenses For necessary expenses of the Administrative Conference of the United States, established by the Administrative Conference Act, as amended (5 U.S.C. 571 et seq.) including not to exceed $1,000 for official reception and representation expenses; $1,865,000. Advisory Commission on Intergovernmental Relations salaries and expenses For expenses necessary to carry out the provisions of the Advisory Commission on Intergovernmental Relations Act of 1959, as amended, 42 U.S.C. 4271–79; $1,378,000, and additional amounts not to exceed $200,000, collected from the sale of publications shall be credited to and used for the purposes of this appropriation. Advisory Committee on Federal Pay salaries and expenses For necessary expenses of the Advisory Committee on Federal Pay, established by 5 U.S.C. 5306; $200,000. Committee for Purchase From the Blind and Other Severely Handicapped salaries and expenses For necessary expenses of the Committee for Purchase From the Blind and Other Severely Handicapped established by the Act of June 23, 1971, Public Law 92–28, $850,000. Federal Election Commission salaries and expenses For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended, $14,174,000. GENERAL SERVICES ADMINISTRATION Federal Buildings Fund limitations on availability of revenue The revenues and collections deposited into the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(D), shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of 101 STAT. 1329–402leased premises; moving Government agencies (including space adjustments) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings and moving; repair and alteration of federally owned buildings, including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, taxes, and any other obligations for public buildings acquired by purchase contract, in the aggregate amount of $2,854,052,000 of which
(1)not to exceed $115,036,000 shall remain available until expended for construction of additional projects at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows: New Construction: Arizona: Tucson, Federal Law Enforcement Building, Site acquisition only, $1,500,000 District of Columbia: International Cultural and Trade Center, Design, $3,700,000 (to be transferred to the Pennsylvania Avenue Development Corporation for reimbursement) Louisiana: Baton Rouge, Federal Building and Courthouse, Design, $3,000,000 Michigan: Detroit, Ambassador Bridge Cargo Inspection Facility, Site, $3,800,000 New Jersey: Camden, Federal Building, Courthouse Annex, Site and Design, $1,486,000 Virgin Islands: St. Croix, Federal Building, Courthouse, Site, $550,000 Construction Projects, less than $500,000, $1,000,000.25 25 Copy read “$1,000,000:”. Other Selected Purchases including options to purchase, $100,000,000: *Provided,* That each of the immediately foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum: *Provided further,* That all funds for direct construction projects shall expire on September 30, 1989, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: *Provided further,* That claims against the Government of less than $50,000 arising from direct construction projects, acquisitions of buildings and purchase contract projects pursuant to Public Law 92–313, be liquidated with prior notification to the Committees on Appropriations of the House and Senate to the extent savings are effected in other such projects;
(2)not to exceed $472,945,000 which shall remain available until expended, for repairs and alterations: *Provided further,* That funds in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount by project as follows, 101 STAT. 1329–403except each project may be increased by an amount not to exceed 10 per centum unless advance approval is obtained from the Committees on Appropriations of the House and Senate for a greater amount: Repairs and Alterations: Alabama: Birmingham, Federal Building, Courthouse, $3,899,000 California: Fresno, Sisk Federal Building, Courthouse, $2,879,000 Los Angeles, Federal Building, $10,422,000 San Francisco, Federal Building, Courthouse, $16,962,000 District of Columbia: Central Heating Plant, $15,500,000 West Heating Plant, $9,201,000 Elevator Replacement, $26,700,000 Forrestal Building, $2,578,000 GSA Regional Office Building, $1,036,000 Agriculture Administration Building, $530,000 Agriculture South Building, $3,360,000 Courthouse, $1,887,000 Perkins Federal Building, $1,644,000 GSA Headquarters, $929,000 Hoover Federal Building, $1,627,000 Department of the Interior, $1,858,000 New Post Office, $1,006,000 Veterans Administration, $1,355,000 Florida: Miami, Federal Building, $11,481,000 West Palm Beach, Post Office, $2,900,000 Georgia: Atlanta, Federal Annex, $2,400,000 East Point, Federal Archives and Records Center, $1,102,000 Illinois: Chicago, Dirksen Federal Building, Courthouse $7,334,000 East St. Louis, Post Office, Courthouse, $3,762,000 Iowa: Des Moines, Federal Building, $1,300,000 Louisiana: New Orleans, F. Edward Hebert Federal Building, $12,525,000 Maryland: Baltimore, Appraisers Stores, $2,668,000 Bethesda, Federal Building, $700,000 Massachusetts: Boston, McCormack Post Office, Courthouse, $2,200,000 Missouri: St. Louis, Mart Federal Building, $28,964,000 St. Louis, Federal Center # 104, $8,983,000 New Jersey: Trenton, Post Office, Courthouse, $2,823,000 New York: Brooklyn, Federal Building No. 2, $11,472,000 New York, Foley Square Courthouse, $4,655,000 New York, 201 Varick Street, $14,475,000 North Carolina:101 STAT. 1329–404 Raleigh, Federal Building, Post Office, Courthouse, $9,640,000 Pennsylvania: Philadelphia, Byrne Courthouse, $6,875,000 Pittsburgh, Post Office, Courthouse, $16,572,000 Texas: San Antonio, Post Office, Courthouse, $8,154,000 Virginia: Arlington, Federal Building No. 2, $4,080,000 Arlington, Pentagon, $8,080,000 Minor Repairs and Alterations, $167,427,000 Capital Improvements of United States-Mexico Border Facilities: Nogales, AZ Mariposa, $174,330 Grand Ave., $375,310 Morley Gate, $64,000 Calexico, CA New Station, $1,000,000 New Dock/Office, $411,320 R&A, $274,430 El Paso, TX Ysleta, $2,651,320 Bridge of the Americas, $442,200 Paso del Norte, $2,850,000 Laredo, TX Juarez-Lincoln Bridge, $5,745,000 Replace RR Bldg., $118,000 Convent St., $151,710 Brownsville, TX Gateway: Security, $14,661 Expand Lanes, $46,135 R&A, $67,204 B&M Bridge, $1,173,000 Los Indios Bridge, $510,000 San Ysidro/Otay Mesa, CA Virginia St., $75,000 Safety Work, $1,601,000 R&A, $612,000 Improve Commercial Lot, $456,950 Firearms Range, $350,000 Reconfigure Lanes, $310,000 Signs/Security, $517,000 Andrade, CA, $143,000 Antelope Wells, NM, $14,000 Columbus, NM, $100,000 Fabens, TX, $100,000 Fort Hancock, TX, $100,000 Lukeville, AZ, $148,000 Marathon, TX, $50,000 Naco, AZ, $65,000 Presidio, TX, $100,000 Progresso, TX, $100,000 Roma, TX, $100,000 San Luis, AZ, $79,000 Del Rio, TX Expand Lanes, $270,000101 STAT. 1329–405 Security, $250,000 Replace Station, $3,640,000 Los Ebanos, TX, $520,000 Douglas, AZ, $228,000 Eagle Pass, TX, $480,000 Rio Grande City, TX, $510,000 Tecate, CA, $338,000 Hildago, TX, $289,510 Falcon Dam, TX, $400,000 Santa Teresa, NM, $663,000: *Provided,* That by no later than July 30, 1988, the Administrator of General Services shall assess the level of unobligated balances, if any, in the Federal Buildings Fund and request reprogramming of such balances, not to exceed $12,000,000, to provide additional funding for the United States-Mexico Border Facility projects in this Act: *Provided further,* That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations of the House and Senate: *Provided further,* That all funds for repairs and alterations prospectus projects shall expire on September 30, 1989, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date;
(3)not to exceed $133,105,000 for payment on purchase contracts entered into prior to July 1, 1975;
(4)not to exceed $1,169,532,000 for rental of space;
(5)not to exceed $805,384,000 for real property operations;
(6)not to exceed $48,014,000 for program direction and centralized services; and
(7)not to exceed $110,036,000 for design and construction services which shall remain available until expended: *Provided further, *That the Administrator of General Services is hereby directed to enter into a contract for construction of a building in Oakland, California, on a site donated by the city of Oakland. The contract shall provide, by lease or installment payments over a period not to exceed 30 years, for the payment of the purchase price, which shall not exceed $141,700,000, and reasonable interest thereon. The contract shall further provide that title to the building shall vest in the United States at or before the expiration of the contract term upon fulfillment of the terms and conditions of the contract: *Provided further,* That the Administrator of the GSA is hereby directed to enter into an agreement, pursuant to a competitive selection process, for the lease-purchase of a building in San Francisco, California, during fiscal year 1988 of approximately 430,000 office occupiable square feet on a site donated by that city: *Provided further,* That the agreement shall provide for annual lease or installment payments from funds available for the rental of space in the Federal Buildings Fund over a period not to exceed 30 years for the payment of the purchase price of such building, and shall provide for title to the building to vest in the United States on or before the expiration of the contract term upon fulfillment of the terms and conditions of the agreement: *Provided further,* That additional space may be acquired if the Administrator finds such space to be in the public interest and will not reduce the occupiable Federal space to be available in the Oakland Federal Building. The Oakland Building shall, when completed be fully occupied by federal agencies and continued full occupancy shall have the highest prior-101 STAT. 1329–406ity consistent with the Federal 26 26 Copy read “federal”. interest: *Provided further,* That for the purposes of this authorization, buildings constructed pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356), the Public Buildings Amendments of 1972 (40 U.S.C. 490), and buildings under the control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of the General Services Administration shall be considered to be federally owned buildings: *Provided further,* That none of the funds available to the General Services Administration with the exception of those for Capital Improvements for United States-Mexico Border Facilities; Other Approved Border Facility projects; and the San Francisco, California Federal building project, shall be available for expenses in connection with any construction, repair, alteration, and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses in connection with the development of a proposed prospectus: *Provided further,*Contracts. That notwithstanding any other provision of law, the Administrator of General Services is authorized, under section 210(h) of the Federal Property and Administrative Services Act of 1949, to acquire the building in Chicago, Illinois, approved under this heading in fiscal year 1987, from any commercial or private entity, through a lease to ownership transaction. Said lease shall not exceed 30 years, on such terms and conditions as he deems appropriate. These terms and conditions may include an option to permit the Federal Government, if the Administrator deems that it is in the best interest of the Federal Government, to execute a succeeding lease: *Provided further,* That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations of the House and Senate: *Provided further,* That not later than 60 days after the date of the enactment of this Act, the Administrator of General Services shall submit under the Public Buildings Act of 1959, a prospectus for acquiring by purchase or lease-purchase
(1)a building which is not to exceed 1,400,000 occupiable square feet for the Environmental Protection Agency in the Washington metropolitan area, and
(2)a building which is not to exceed 1,800,000 occupiable square feet for the Department of Transportation. The lease-purchase shall provide for annual lease or installment payments from funds available for the rental of space in the Federal Buildings Fund over a period not to exceed 30 years for the payment of the purchase price of such building and reasonable interest thereon and shall provide for title to the building to vest in the United States on or before the last day of the term of the lease-purchase transaction. If a lease-purchase prospectus for a building described in this paragraph is approved under the Public Buildings Act of 1959, the Administrator of General Services may enter into a transaction for the lease-purchase of such building in accordance with the terms specified in such approved prospectus and applicable provisions of law and may make annual lease or installment payments from funds available for the rental of space in such fund: *Provided further,* That amounts necessary to provide reimbursable special services to other agencies under section 210(0(6) of the Federal Property and Administrative 101 STAT. 1329–407Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, as amended, shall he available from such revenues and collections: *Provided further,* That revenues and collections and any other sums accruing to this fund during fiscal year 1988 excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) in excess of $2,854,052,000 shall remain in the Fund and shall not be available for expenditure except as authorized in appropriation Acts. Federal Supply Service operating expenses For expenses authorized by law, not otherwise provided for, necessary for property management activities, utilization of excess and disposal of surplus personal property, rehabilitation of personal property, transportation management activities, transportation audits by in-house personnel, procurement, and other related supply management activities through September 30, 1988, and supply distribution (including contractual services incident to receiving, handling and shipping supply items), procurement (including royalty payments), inspection, standardization, and related supply operations activities not later than March 31, 1987, including services as authorized by 5 U.S.C. 3109; $69,600,000: *Provided,* That notwithstanding any other provisions of law, costs incurred during the period October 1, 1987, through March 31, 1987, directly related to supply operations activities, not covered by this appropriation, shall be recorded as costs in the General Supply Fund, General Services Administration: *Provided further,* That the annual limitation of $5,200,000 through September 30, 1989, in the Supplemental Appropriations Act, 1985, Public Law 99–88, payable from overcharges collected, for expenses of transportation audit contracts and contract administration, is hereby superseded by Public Law 99–627 establishing permanent authority for these expenses at not to exceed 40 percent of the overpayments collected annually. Federal Property Resources Service operating expenses (including transfer of funds) For expenses, not otherwise provided for, necessary for carrying out the functions of the Administrator with respect to utilization of excess real property; the disposal of surplus real property, the utilization survey, deed compliance inspection, appraisal, environmental and cultural analysis, and land use planning functions pertaining to excess and surplus real property; the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) including services as authorized by 5 U.S.C. 3109 and reimbursement for recurring security guard service; $12,000,000 to be derived from proceeds from transfers of excess real property and disposal of 101 STAT. 1329–408surplus real property and related personal property, subject to the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–5), and in addition, $30,000,000 for the transportation, processing, refining, storage, security, maintenance, rotation, and disposal of materials contained in or acquired for the stockpile by reimbursement from the National Defense Stockpile Transaction Fund. National Defense Stockpile Transaction Fund Section 1. During the fiscal year ending September 30, 1988, not to exceed $35,000,000, in addition to amounts previously appropriated, all to remain available until expended, may be obligated from amounts in the National Defense Stockpile Transaction Fund, for the acquisition and upgrading of strategic and critical materials under section 6(a)
(1)and
(3)of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)
(1)and (3)), transportation, storage, and other incidental expenses related to such acquisition and upgrades, development of current specifications of stockpile materials and the upgrading of existing stockpile materials to meet current specifications (including transportation, when economical, related to such upgrading), testing and quality studies of stockpile materials, studying future material and mobilization requirements for the stockpile and other reasonable requirements for management of the stockpile, including relocation, operating, and management expenses incident to operating the stockpile, are hereby authorized to the extent provided in Appropriations Acts. Sec. 2. For the fiscal year ending September 30, 1988, in addition to the funds previously appropriated for the National Defense Stock-pile Transaction Fund, notwithstanding the provisions of 50 U.S.C. 98h, there are hereby appropriated $10,000,000 under this heading and $9,000,000 in section 101(b) of this joint resolution, to remain available until expended, the amounts to be allocated for the following projects: University of Hawaii at Manoa pursuant to 50 U.S.C. 98a and 98g(a), for a grant for construction of a strategic materials research facility, $5,000,000; University of Utah pursuant to 50 U.S.C. 98a and 98g(a)(2)(C) for a grant to pay the Federal share of the cost of construction and equipment for a Center for Biomedical Polymers, $4,000,000; University of Massachusetts at Amherst pursuant to 50 U.S.C. 98a and 98g(a) for a grant for continued construction of a strategic materials research facility, $5,000,000; University of Arizona pursuant to 50 U.S.C. 98a and 98g(a)(2)(C) for a grant to pay the Federal share of the cost of construction and equipment for a Center for Advanced Studies for Copper Recovery and Utilization, $4,000,000; and University of New Mexico pursuant to 50 U.S.C. 98 a and g for a grant to study replacements for metallic alloys that use critical materials, $1,000,000. 101 STAT. 1329–409 General Management and Administration salaries and expenses For necessary expenses of agency management of activities under the control of the General Services Administration, and general administrative and staff support services not otherwise provided for; for providing accounting, records management, and other support incident to adjudication of Indian Tribal Claims by the United States Court of Claims, and services authorized by 5 U.S.C. 3109; $122,500,000, of which $800,000 shall be available only for, and is hereby specifically earmarked for personnel and associated costs in support of Congressional District and Senate State offices: *Provided, *That this appropriation shall be available, subject to reimbursement by the applicable agency, for services performed for other agencies pursuant to subsections
(a)and
(b)of section 1535 of title 31, United States Code. Real Property Relocation For expenses not otherwise provided for, $5,000,000, to remain available until expended, necessary for carrying out the functions of the Administrator with respect to relocation of Federal agencies from property which has been determined by the Administrator to be other than optimally utilized under the provisions of section 210(e) of the Federal Property and Administrative Services Act of 1949, as amended: *Provided,* That such relocations shall only be undertaken when the estimated proceeds from the disposition of the original facilities approximate the appraised fair market value of such new facilities and exceed the estimated costs of relocation. Relocation costs include expenses for and associated with acquisition of sites and facilities, and expenses of moving or repurchasing equipment and personal property. These funds may be used for payments to other Federal entities to accomplish the relocation functions: *Provided further,* That nothing in this paragraph shall be construed as relieving the Administrator of General Services or the head of any other Federal agency from any obligation or restriction under the Public Buildings Act of 1959 (including any obligation concerning submission and approval of a prospectus), the Federal Property and Administrative Services Act of 1949, as amended, or any other Federal law, or as authorizing the Administrator of General Services or the head of any other Federal agency to take actions inconsistent with statutory obligations or restrictions placed upon the Administrator of General Services or such agency head with respect to authority to acquire or dispose of real property. Information Resources Management Services operating expenses For expenses authorized by law, not otherwise provided for, necessary for carrying out Government-wide and internal responsibilities relating to automated data management, telecommunications, information resources management, and related activities, including services as authorized by 5 U.S.C. 3109; and for the Information Security Oversight Office established pursuant to Executive Order 12356; $31,193,000. 101 STAT. 1329–410 Office of Inspector General For necessary expenses of the Office of Inspector General; $24,334,000: *Provided,* That not to exceed $10,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property. Allowances and Office Staff for Former Presidents For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95–138; $1,198,000: *Provided,* That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of such Acts. General Services Administration—General Provisions Section 1. The appropriate appropriation or fund available to the General Services Administration shall be credited with the cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129). Sec. 2. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. Sec. 3. Not to exceed 1 per centum of funds made available in appropriations for operating expenses and salaries and expenses, during the current fiscal year, may be transferred between such appropriations for mandatory program requirements. Any transfers proposed shall be submitted promptly to the Committees on Appropriations of the House and Senate for approval. Sec. 4. Funds in the Federal Buildings Fund made available for fiscal year 1988 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary for mandatory program requirements. Any transfers proposed shall be submitted promptly to the Committees on Appropriations of the House and Senate for approval. Sec. 5. Funds hereafter made available to the General Services[40 USC 490d](/us/usc/t40/s490d). Administration for the payment of rent shall be available for the purpose of leasing, for periods not to exceed thirty years, space in buildings erected on land owned by the United States. Sec. 6. The Bureau of Mines should completely vacate all space at the Columbia Plaza building no later than September 30, 1988. In the event that it becomes necessary to acquire leased space for the Bureau of Mines, the Administrator of General Services shall competitively acquire space for the Bureau of Mines and select quality space at the lowest possible cost in the Washington Metropolitan Area. If such space is acquired by GSA, the Bureau of Mines shall immediately relocate to the space acquired by the GSA. Sec. 7.
(a)The General Accounting Office shall, within 60 days after the date of enactment of this Act, submit an estimate of the fair market value of the main post office in Denver, Colorado, located at 1823 Stout Street to the General Services Administration, the Congress of the United States, the United States Postal Service, and the Administrative Office of the United States Courts.
(b)Within 30 days after obtaining the estimate made pursuant to subsection
(a)the United States Postal Service shall transfer the use 101 STAT. 1329–411and benefit of the lot on which the main post office in Denver is located along with such post office building, improvements and any other structures on such lot to the General Services Administration, and from such date such lot and structures shall be considered to be held for the use and benefit of the United States courts for the Tenth Circuit.
(c)In making the transfer pursuant to subsection (b), the General Services Administration and the United States Postal Service shall use, as the market value of such property, the estimate submitted by the General Accounting Office pursuant to this section and the United States Postal Service shall receive as compensation therefor, the fair market value of such lot, buildings and improvements, as determined by the General Accounting Office.
(d)The United States Postal Service shall surrender possession of the second, third and fourth floors of such post office building to the General Services Administration not later than 1 year after the date of the transfer thereof as provided in this section and, except as provided in subsection (e), shall surrender possession of the balance of such post office building not later than 2 years after such date.
(e)The General Services Administration shall permit the United States Postal Service to continue to occupy such area on the first floor of such main post office building not in excess of 18,000 square feet as shall be determined by the General Services Administration after consultation with the Administrative Office of the United States Courts and the United States Postal Service.
(f)Pursuant to section 210(f) of the Federal Property and Administrative Service Act of 1949, the Administrator of General Services is authorized to charge the United States Postal Service for all space and services furnished to the United States Postal Service in such main post office building after the date of the conveyance provided in this section.
(g)Notwithstanding any other provision of law, the General Services Administration is hereby authorized to sell, at competitive bid, block 111, located at 20th and Curtis Streets in Denver, Colorado, and to deposit such sale proceeds into the Federal Buildings Fund.
(h)There are authorized to be appropriated such sums as are necessary to cover the costs of obtaining such post office building for the courts for the Tenth Circuit. Such costs shall include—
(1)amounts necessary to transfer the lot, main post office building, improvements and any other structures on such lot pursuant to subsection (b);
(2)appropriate renovations of such post office building for the Tenth Circuit to use such building as the principal office of such courts; and
(3)the transfer of such courts from their current building to such post office building.
(i)There are hereby appropriated, out of the Federal Buildings Fund, such sums as may be necessary to carry out the purposes of subsection (h). Sec. 8. Contracts. The Administrator of General Services is hereby directed to submit a prospectus to the Congress within 60 days to enable the Administrator to contract for construction of two buildings not to exceed a total of 1,600,000 gross square feet of office space, plus additional parking and retail space, in New York City on sites to be acquired from the city of New York. The contracts shall provide, by lease or installment payments over a period not to exceed 30 years, from funds available for the rental of space in the Federal Buildings 101 STAT. 1329–412Fund for the payment of the purchase price, and reasonable interest thereon. The contracts shall further provide that title to the buildings shall vest in the United States at or before expiration of the contract term upon fulfillment of the terms and conditions of the contracts. If a lease-purchase prospectus for a building described in this paragraph is approved under the Public Buildings Act of 1959, the Administrator of General Services may enter into a transaction for the lease-purchase of such building in accordance with the terms specified in such approved prospectus and applicable provisions of law and may make annual lease or installment payments from the funds available for the rental of space in such Fund. The General Services Administration shall lease up to 400,000 square feet of office space find associated parking to the city of New York at rates that reflect an appropriate portion of the construction and related costs of the projects, adjusted for the value of the land acquired from the city. In addition, income accrued by the General Services Administration from the outlease of office space to the city as well as retail and related space to private organizations shall be used to offset GSA’s installment payments for the cost of the facilities. Obligations of funds under these transactions shall be limited to the current fiscal year for which payments are due without regard to 31 U.S.C. 1341(a)(1)(B). Sec. 9. The Administrator of General Services shall proceed with the site selection and design for construction of a facility of not less than 182,000 usable square feet for the Social Security Administration in Wilkes-Barre, Pennsylvania, pursuant to section 115 of the joint resolution entitled, “A Joint Resolution making continuing appropriations for the fiscal year 1987 and for other purposes”, approved October 30, 1986 (100 Stat. 3341–49; Public Law 99–591). National Archives and Records Administration operating expenses For necessary expenses in connection with National Archives and Records Administration and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the hire of passenger motor vehicles, $116,000,000 of which $4,000,000 for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, as amended, shall remain available until expended, and of which $6,000,000 for design and planning of a new archival facility in Maryland shall remain available until expended. Office of Personnel Management salaries and expenses (including transfer of trust funds) For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, medical examinations performed for veterans by private physicians on a fee basis, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, not to exceed $2,500 for official reception and representation expenses, and advances for reimbursements to 101 STAT. 1329–413applicable funds of the Office of Personnel Management and the Federal Bureau of Investigation for expenses incurred under Executive Order 10422 of January 9, 1953, as amended; $101,834,000 in addition to $67,746,000 for administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Office of Personnel Management in the amounts determined by the Office of Personnel Management without regard to other statutes: *Provided,* That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by section 8348(a)(1)(B) of title 5, U.S.C.: *Provided further,* That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of the Office of Personnel Management established pursuant to Executive Order 9358 of July 1, 1943, or any successor unit of like purpose: *Provided further,* That the President’s Commission on White House Fellows, established by Executive Order 11183 of October 3, 1964, may, during the fiscal year ending September 30, 1988, accept donations of money, property, and personal services in connection with the development of a publicity brochure to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission. Revolving Fund Pursuant to section 4109(d)(1) of title 5, United States Code, costs for entertainment expenses of the President’s Commission on Executive Exchange shall not exceed $12,000. Government Payment for Annuitants, Employees Health Benefits For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, $1,788,931,000, to remain available until expended. Payment to Civil Service Retirement and Disability Fund For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, [33 USC 776](/us/usc/t33/s776).$4,720,913,000: *Provided,* That annuities authorized by the Act of May 29, 1944, as amended (22 U.S.C. 3682(e)), August 19, 1950, as amended (33 U.S.C. 771–75), may hereafter be paid out of the Civil Service Retirement and Disability Fund. Merit Systems Protection Board salaries and expenses (including transfer of funds) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including s101 STAT. 1329–414services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles; $20,957,000, together with not to exceed $1,200,000 for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. Office of Special Counsel salaries and expenses For necessary expenses to carry out functions of the Office of the Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978 (Public Law 95–454), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $4,673,000 Federal Labor Relations Authority salaries and expenses For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, including hire of experts and consultants, hire of passenger motor vehicles, rental of conference rooms in the District of Columbia and elsewhere; $17,576,000: *Provided,* That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government Service, and compensation as authorized by 5 U.S.C 3109. United States Tax Court salaries and expenses For necessary expenses, including contract reporting and other[26 USC 7443](/us/usc/t26/s7443) note. services as authorized by 5 U.S.C. 3109; $27,500,000: *Provided,* That travel expenses of the judges shall be paid upon the written certificate of the judge. This title may be cited as the “Independent Agencies Appropriations Act, 1988”. TITLE V— GENERAL PROVISIONS This Act Section 501. Where appropriations in this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amount set forth therefor in the budget estimates submitted for the appropriations: *Provided,* That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans’ Administration; to travel of the Office 101 STAT. 1329–415of Personnel Management in carrying out its observation responsibilities of the Voting Rights Act; or to payments to interagency motor pools where separately set forth in the budget schedules. Sec. 502. No part of any appropriation contained in this Act shall be available to pay the salary of any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto. Sec. 503. No part of any appropriation made available in this Act shall be used for the purchase or sale of real estate or for the purpose of establishing new offices inside or outside the District of Columbia: *Provided,* That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor. Sec. 504. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 505. Contracts.Public information. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 506. No part of any appropriation contained in this Act shall be available for the procurement of, or for the payment of, the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possessions except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions, or except in accordance with procedures prescribed by section 6–104.4(b) of Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970: *Provided,* That a factor of 75 per centum in lieu of 50 per centum shall be used for evaluating foreign source end products against a domestic source end product. This section shall be applicable to all solicitations for bids opened after its enactment. Sec. 507. [40 USC 490c](/us/usc/t40/s490c). None of the funds made available to the General Services Administration pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949 shall be obligated or expended after the date of enactment of this Act for the procurement by contract of any service which, before such date, was performed by individuals in their capacity as employees of the General Services Administration in any position of guards, elevator operators, messengers, and custodians, except that such funds may be obligated or expended for the procurement by contract of the covered services with sheltered workshops employing the severely handicapped under Public Law 92–28. 101 STAT. 1329–416 Sec. 508. No funds appropriated in this Act shall be available for administrative expenses in connection with implementing or enforcing any provisions of the rule TD ATF–66 issued June 13, 1980, by the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms on labeling and advertising of wine, distilled spirits and malt beverages, except if the expenditure of such funds is necessary to comply with a final order of the Federal court system. Sec. 509. None of the funds appropriated or made available by this Act shall be used to competitively procure electric utility service, except where such procurement is expressly authorized by the Federal Power Act or by State law or regulation. Sec. 510. None of the funds appropriated in this Act may be used for administrative expenses to close the Federal Information Center of the General Services Administration located in Sacramento, California. Sec. 511. None of the funds made available by this Act for the Department of the Treasury may be used for the purpose of eliminating any existing requirement for sureties on customs bonds. Sec. 512. None of the funds made available by this Act shall be available for any activity or for paying the salary of any government employee where funding an activity or paying a salary to a government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the 1930 Tariff Act. Sec. 513. None of the funds made available by this Act shall be available for the purpose of transferring control over the Federal Law Enforcement Training Center located at Glynco, Georgia, out of the Treasury Department. Sec. 514. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. Sec. 515. No part of any appropriation contained in this Act shall be available for the payment of the salary of any officer or employee of the United States Postal Service, who—
(1)prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such member or committee; or
(2)removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any officer or employee of the United States Postal Service, or attempts or threatens to commit any of the foregoing actions with respect to such officer or employee, by reason of any communication or contact of such officer or employee with any member or committee of Congress as described in paragraph
(1)of this subsection. Sec. 516. Except for vehicles provided to the President, Vice President and their families, or to the United States Secret Service, 101 STAT. 1329–417none of the funds provided in this Act to any Department or Agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than twenty-two miles per gallon. The requirements of this section may be waived by the Administrator of the General Services Administration for special purpose or special mission automobiles. Sec. 517. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefit program which provides any benefits or coverages for abortions. Sec. 518. The provision of section 517 shall not apply where the life of the mother would be endangered if the fetus were carried to term. Sec. 519. [50 USC 98h](/us/usc/t50/s98h) note. No later than October 1, 1989, the Administrator of General Services, or any Federal officer assuming the Administrator’s responsibilities with respect to management of the stockpile, shall use all funds authorized and appropriated before January 1, 1985 from the National Defense Stockpile Transaction Fund to evaluate, test, relocate, upgrade or purchase stockpile materials to meet National Defense Stockpile goals and specifications in effect on October 1, 1984. Sec. 520. No part of any appropriation contained in this Act shall be available for the procurement of, or for the payment of, the salary of any person engaged in the procurement of stainless steel flatware not produced in the United States or its possessions, except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of stainless steel flatware produced in the United States or its possessions, cannot be procured as and when needed from sources in the United States or its possessions or except in accordance with procedures provided by section 6–104.4(b) of Armed Services Procurement Regulations, dated January 1, 1969. This section shall be applicable to all solicitations for bids issued after its enactment. Sec. 521. None of the funds appropriated by this Act may be used to establish on a permanent basis any test or program of the “port of arrival immediate release and enforcement determination.” Sec. 522. None of the funds appropriated by this Act may be used to solicit bids, lease space, or enter into any contract to close or consolidate executive seminar centers for the Office of Personnel Management. Sec. 523. None of the funds appropriated by this Act or any other Act in any fiscal year may be obligated or expended in any way for the purpose of the sale, lease, rental, excessing, surplusing, or disposal of any portion of land on which the Beltsville Agricultural Research Center is located at Beltsville, Maryland, without the specific approval of Congress: *Provided,* That such land may be sold, for fair market value, to the Washington Metropolitan Area Transit Authority and any proceeds from the sale of such land shall be placed in an escrow account to be available hereafter for use in the renovation and restoration of the Beltsville Agricultural Research Center, to be released as specified in advance in appropriations Acts. Sec. 524. Not later than October 1, 1988, of the amounts made available pursuant to Section 519 of the Treasury, Postal Service and General Government Appropriations Act, 1987, as incorporated in Section 101(m) of Public Laws 99–500 and 99–591, not less than $1,000,000 shall be obligated for a pilot project to upgrade techno-101 STAT. 1329–418logically obsolete cobalt deposited in the National Defense Stockpile. The funds used in this section for upgrading shall not exceed $2,000,000. Sec. 525. None of the funds appropriated by this Act may be obligated or expended in any way for the purpose of the sale, lease, rental, excessing, surplusing or disposal of any portion of land on which the Phoenix Indian School is located at Phoenix, Arizona without the specific approval of Congress. Sec. 526. None of the funds appropriated by this Act may be obligated or expended in any way for the purpose of the sale, excessing, surplusing or disposal of lands in the vicinity of Bull Shoals Lake, Arkansas administered by the Corps of Engineers, Department of the Army without the specific approval of Congress. Sec. 527. The Administrator of General Services, under section 210(h) of the Federal Property and Administrative Services Act of 1949, as amended, shall acquire, by means of a lease of up to 30 years duration, space for the United States Courts in Tacoma, Washington, at the site of Union Station, Tacoma, Washington. Sec. 528. Funds under this Act shall be available as authorized by sections 4501–4506 of title 5, United States Code, when the achievement involved is certified, or when an award for such achievement is otherwise payable, in accordance with such sections. Such funds may not be used for any purpose with respect to which the preceding sentence relates beyond fiscal year 1988. Sec. 529.
(a)Notwithstanding any other provision of law, during fiscal year 1988, the authority to establish higher rates of pay under section 5303 of title 5, United States Code, may—
(1)in addition to positions paid under any of the pay systems referred to in subsection
(a)of section 5303 of title 5, U.S.C., be exercised with respect to positions paid under any other pay system established by or under Federal statute for positions within the executive branch of the Government; and
(2)in addition to the circumstance described in the first sentence of subsection
(a)of section 5303 of title 5, U.S.C., be exercised based on—
(A)pay rates for the positions involved being generally less than the rates payable for similar positions held—
(i)by individuals outside the Government; or
(ii)by other individuals within the executive branch of the Government;
(B)the remoteness of the area or location involved;
(C)the undesirability of the working conditions or the nature of the work involved, including exposure to toxic substances or other occupational hazards; or
(D)any other circumstance which the President (or anPresident of U.S. agency duly authorized or designated by the President in accordance with the last sentence of section 5303(a) of title 5, U.S.C., for purposes of this subparagraph) may identify. Nothing in paragraph
(2)shall be considered to permit the exercise of any authority based on any of the circumstances under such paragraph without an appropriate finding that such circumstance is significantly handicapping the Government’s recruitment or retention efforts.
(1)A rate of pay established during fiscal year 1988 through the exercise of any additional authority under subsection
(a)of section 5303 of title 5, U.S.C.—
(A)shall be subject to revision or adjustment, 101 STAT. 1329–419
(B)shall be subject to reduction or termination (including pay retention), and
(C)shall otherwise be treated, in the same manner as generally applies with respect to any rate otherwise established under section 5303 of title 5, United States Code.
(2)The President (or an agency duly authorized or designated by the President in accordance with the last sentence of section 5303(a) of title 5, United States Code, for purposes of this subsection) may prescribe any regulations necessary to carry out this subsection.
(c)President of U.S. Any additional authority under this section may, during fiscal year 1988, be exercised only to the extent that amounts otherwise appropriated under this Act for purposes of section 5303 of title 5, United States Code, are available. Sec. 530. The Director of the Office of Management and Budget shall include in the area designated as the St. Louis Metropolitan Statistical Area, the City of Sullivan, Missouri. TITLE VI— GENERAL PROVISIONS Departments, Agencies, and Corporations Sec. 601. [31 USC 1343](/us/usc/t31/s1343) note. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $6,600 except station wagons for which the maximum shall be $7,600: *Provided,* That these limits may be exceeded by not to exceed $2,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: *Provided further,* That the limits set forth in this section shall not apply to electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976. Sec. 602. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–24. Sec. 603. [5 USC 3101](/us/usc/t5/s3101) note Unless otherwise specified during the current fiscal year no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person
(1)is a citizen of the United States,
(2)is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States,
(3)is a person who owes allegiance to the United States,
(4)is an alien from Cuba, Poland, South Vietnam, or the Baltic countries lawfully admitted to the United States for permanent residence, or
(5)South Vietnamese, Cambodian, and Laotian refugees paroled in the United States after January 1, 1975: *Provided,* That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his 101 STAT. 1329–420status have been complied with: *Provided further,* That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than one year, or both: *Provided further,* That the above penal clause shall be in addition to, and not in substitution for any other provisions of existing law: *Provided further,* That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. Sec. 604. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. Sec. 605. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia: services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: *Provided,* That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. Sec. 606. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. Sec. 607. Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: *Provided,* That such credits received as exchanged allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury. Sec. 608. No part of any appropriation contained in this or any other Act, shall be available for interagency financing of boards, commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. Sec. 609. Funds made available by this or any other Act to
(1)the General Services Administration, including the fund created by the 101 STAT. 1329–421Public Building Amendments of 1972 (86 Stat. 216), and
(2)the “Postal Service Fund” (39 U.S.C. 2003), shall be available for employment of guards for all buildings and areas owned or occupied by the United States or the Postal Service and under the charge and control of the General Services Administration or the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain Federal property as otherwise required by the proviso contained in said section and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c): *Provided,* That when the Administrator of General Services delegates responsibility to protect property under his charge and control to the head of another Federal agency, that agency may employ guards to protect the property who shall have the same powers of special policemen in same manner as the foregoing. Sec. 610. None of the funds available under this or any other Act shall be available for administrative expenses in connection with the designation for construction, arranging for financing, or execution of contracts or agreements for financing or construction of any additional purchase contract projects pursuant to section 5 of the Public Building Amendments of 1972 (Public Law 92–313) during the period beginning October 1, 1976, and ending September 30, 1988. Sec. 611. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. Sec. 612. No part of any appropriation contained in, or funds made available by this or any other Act, shall be available for any agency to pay to the Administrator of the General Services Administration a higher rate per square foot for rental of space and services (established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended) than the rate per square foot established for the space and services by the General Services Administration for the fiscal year for which appropriations were granted. Sec. 613. [5 USC 5343](/us/usc/t5/s5343) note.
(1)Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for the fiscal years ending September 30, 1988, or September 30, 1989, by this Act or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code, or any employee covered by section 5348 of that title—
(1)during the period from the date of expiration of the limitation imposed by section 613 of the Treasury, Postal Service, and General Government Appropriations Act, 1987, as incorporated in section 101(m) of Public Laws 99–500 and 99–591, until the first day of the first applicable pay period that begins not less than ninety days after that date, in an amount that exceeds the rate payable for the applicable grade and step 101 STAT. 1329–422of the applicable wage schedule in accordance with such section 613; and
(2)during the period consisting of the remainder, if any, of fiscal year 1988, and that portion of fiscal year 1989, that precedes the normal effective date of the applicable wage survey adjustment that is to be effective in fiscal year 1989, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph
(1)of this subsection by more than the overall average percentage adjustment in the General Schedule during fiscal year 1988.
(b)Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph
(B)or
(C)of section 5342(a)(2) of title 5, United States Code, may be paid during the periods for which subsection
(a)of this section is in effect at a rate that exceeds the rates that would be payable under subsection
(a)were subsection
(a)applicable to such employee.
(c)For the purpose of this section, the rates payable to an employeeRegulations. who is covered by this section and who is paid from a schedule that was not in existence on September 30, 1987, shall be determined under regulations prescribed by the Office of Personnel Management.
(d)Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1987, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.
(e)The provisions of this section shall apply with respect to pay for services performed by any affected employee on or after October 1, 1987.
(f)For the purpose of administering any provision of law, including section 8431 of title 5, United States Code, or any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit, that requires any deduction or contribution, or that imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate or salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.
(g)Nothing in this section may be construed to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.
(h)The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. Sec. 614. None of the funds made available in this Act may be used to plan, implement, or administer
(1)any reduction in the number of regions, districts or entry processing locations of the United States Customs Service; or
(2)any consolidation or centralization of duty assessment or appraisement functions of any offices in the United States Customs Service. Sec. 615. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to renovate, remodel, furnish, or redecorate the office of such department head, agency head, officer, or employee, or to purchase fur-101 STAT. 1329–423niture or make improvements for any such office, unless advance notice of such renovation, remodeling, furnishing, or redecoration is expressly approved by the Committees on Appropriations of the House and Senate. Sec. 616. [40 USC 490b](/us/usc/t40/s490b).
(a)If any individual or entity which provides or proposes to provide child care services for Federal employees during fiscal year 1988 or any fiscal year thereafter, applies to the officer or agency of the United States charged with the allotment of space in the Federal buildings in the community or district in which such individual or entity provides or proposes to provide such service, such officer or agency may allot space in such a building to such individual or entity if—
(1)such space is available;
(2)such officer or agency determines that such space will be used to provide child care services to a group of individuals of whom at least 50 percent are Federal employees; and
(3)such officer or agency determines that such individual or entity will give priority for available child care services in such space to Federal employees.
(1)If an officer or agency allots space during fiscal year 1988 or any fiscal year thereafter, to an individual or entity under subsection (a), such space may be provided to such individual or entity without charge for rent or services.
(2)If there is an agreement for the payment of costs associated with the provision of space allotted under subsection
(a)or services provided in connection with such space, nothing in title 31, United States Code, or any other provision of law, shall be construed to prohibit or restrict payment by reimbursement to the miscellaneous receipts or other appropriate account of the Treasury.
(3)For the purpose of this section, the term “services” includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, telephone service (including installation of lines and equipment and other expenses associated with telephone service), and security systems (including installation and other expenses associated with security systems). Sec. 617. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee. Sec. 618. [5 USC 1101](/us/usc/t5/s1101) note.
(a)None of the funds appropriated by this Act, or any other Act in this or any fiscal year hereafter, may be used in preparing, promulgating, or implementing any regulations relating to the Combined Federal Campaign if such regulations are not in conformance with subsection (b).
(A)Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall not, to the extent that such requirements relate to litigation, public-policy advocacy, or attempting to influence legislation, be any more restrictive than any requirements established with respect to those subject matters under section 501(c)(3) or 501(h) of the Internal Revenue Code of 1986.
(B)Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall, to the extent that such requirements relate to any subject matter other than one referred to in subparagraph (A), remain the same as the criteria in the 1984 regulations, except as otherwise provided in this section. 101 STAT. 1329–424
(C)Notwithstanding any requirement referred to in subparagraph
(A)or (B), for purposes of any Combined Federal Campaign—
(i)any voluntary agency or federated group which was a named plaintiff as of September 1, 1987, in a case brought in the United States District Court for the District of Columbia, and designated as Civil Action No. 83–0928 or 86–1367, and
(ii)The Federal Employee Education and Assistance Fund, shall be considered to have national eligibility.
(D)Public accountability standards shall remain similar to theRegulations. standards which were by regulation established with respect to the 1984–1987 Combined Federal Campaigns, except that the Office of Personnel Management shall prescribe regulations under which a voluntary agency or federated group which does not exceed a certain size (as established under such regulations) may submit a copy of an appropriate Federal tax return, rather than complying with any independent auditing requirements which would otherwise apply.
(A)A voluntary agency or federated group shall, for purposes of any Combined Federal Campaign in any year, be considered to have national eligibility if such agency or group—
(i)complies with all requirements for eligibility to receive contributions through the Combined Federal Campaign, without regard to any requirements relating to “local presence”; and
(ii)demonstrates that it provided services, benefits, or assistance, or otherwise conducted program activities, in—
(I)15 or more different States over the 3-year period immediately preceding the start of the year involved; or
(II)several foreign countries or several parts of a foreign country. For purposes of this subparagraph, an agency or federated group shall be considered to have conducted program activities in the required number of States, countries, or parts of a country, over the period of years involved, if such agency or group conducted program activities in such number of States, countries, or parts either in any single year during such period or in the aggregate over the course of such period, provided that no State, country, or part of a country is counted more than once.
(B)Notwithstanding any other provisions, eligibility requirements relating to International Services Agencies shall remain at least as inclusive as existing requirements. Any voluntaiy agency or federated group which attains national eligibility under subparagraph (A), and any voluntary agency which is a member of the International Services Agencies, shall be considered to have satisfied any requirements relating to “local presence”.
(A)If a federated group is eligible to receive donations in a Combined Federal Campaign, whether on a national level (pursuant to certification by the Office) or a local level (pursuant to certification by the local Federal coordinating committee), each voluntary agency which is a member of such group may, upon certification by the federated group, be considered eligible to participate on such national or local level, as the case may be.
(B)Notwithstanding any provision of subparagraph (A)—
(i)the Office may require a voluntary agency to provide information to support any certification submitted by a federated group with respect to such agency under subparagraph (A); and
(ii)if a determination is made, in writing after notice and opportunity to submit written comments, that the information 101 STAT. 1329–425submitted by the voluntary agency does not satisfy the applicable eligibility requirements, such agency may be barred from participating in the Combined Federal Campaign on a national or local level, as the case may be, for a period not to exceed 1 campaign year.
(4)The Office shall exercise oversight responsibility to ensure that—
(A)regulations are uniformly and equitably implemented in all local combined Federal campaigns;
(B)federated groups participating in a local combined Federal campaign are allowed to compete fairly for the role of principal combined fund organization;
(C)federated groups participating in a local combined Federal campaign are afforded—
(i)adequate opportunity to consult with the PCFO for the area involved before any plans are made final relating to the design or conduct of such campaign (including plans pertaining to any materials to be printed as part of the campaign);
(ii)adequate opportunity to participate in campaign events and other related activities; and
(iii)timely access to all reports, budgets, audits, and other records in the possession of, or under the control of, the PCFO for the areas involved; and
(D)a federated group or voluntary agency found by the Office, by a written decision issued after notice and opportunity to submit written comments, to have violated the regulations may be barred from serving as a PCFO for not to exceed 1 campaign year.
(5)Regulations. The Office shall prescribe regulations to ensure that PCFOs do not make inappropriate delegations of decisionmaking authority.
(A)The Office shall, in consultation with federated groups, establish a formula under which any undesignated contributions received in a local combined Federal campaign shall be allocated in any year.
(B)Under the formula for the 1990 Combined Federal Campaign, all undesignated contributions received in a local campaign shall be allocated as follows:
(i)82 percent shall be allocated to the United Way.
(ii)7 percent shall be allocated to the International Services Agencies.
(iii)7 percent shall be allocated to the National Voluntary Health Agencies.
(iv)4 percent shall, after fair and careful consideration of all eligible federated groups and agencies, be allocated by the local Federal coordinating committee among any or all of the following:
(I)National federated groups (other than any identified in clauses (i), (ii), or (iii)), except that a national federated group shall not be eligible under this subclause unless there are at least 15 members of such group participating in the local campaign, unless the members of such group collectively receive at least 4 percent of the designated contributions in the local campaign, and unless such group was granted national eligibility status for the 1987, 1988, 1989, or 1990 Combined Federal Campaign.
(II)Local federated groups. 101 STAT. 1329–426
(III)Any local, non-affiliated voluntary agency which receives at least 4 percent of the designated contributions in the local campaign.
(C)The formula set forth in subparagraph (B)—
(i)shall be phased in over the course of the 1988 and 1989 Combined Federal Campaigns;
(ii)shall be fully implemented with respect to the 1990 Combined Federal Campaigns; and
(iii)shall, with respect to any Combined Federal Campaign thereafter, be adjusted based on the experience gained in the Combined Federal Campaigns referred to in clauses
(i)and (ii).
(D)Nothing in this paragraph shall apply with respect to any campaign conducted in a foreign country.
(E)All appropriate steps shall be taken to encourage donors to make designated contributions.
(7)The option for a donor to write in the name of a voluntary agency or federated group not listed in the campaign brochure to receive that individual’s contribution in a local campaign shall be eliminated.
(8)The name of any individual making a designated contribution in a campaign shall, upon request of the recipient voluntary agency or federated group, be released to such agency or group, unless the contributor indicates that his or her name is not to be released. Under no circumstance may the names of contributors be sold or otherwise released by such agency or group.
(A)The name of each participating voluntary agency and federated group, together with a brief description of their respective programs, shall be published in any information leaflet distributed to employees in a local combined Federal campaign. Agencies shall be arranged by federated group, with combined Federal campaign organization code numbers corresponding to each such agency and group. 2727 Copy read “(8)”.
(B)The requirement under subparagraph
(A)relating to the inclusion of program descriptions may, at the discretion of a local Federal coordinating committee, be waived for a local campaign in any year if, in the immediately preceding campaign year, contributions received through the local campaign totalled less than $100,000.
(10)Employee coercion is not to be tolerated in the Combined Federal Campaign, and protections against employee coercion shall be strengthened and clarified.
(11)The Office—
(A)may not, after the date of the enactment of this Act, grant national eligibility status to any federated group unless such group has at least 15 member voluntary agencies, each of which meets the requirements for national eligibility under paragraph (2)(A); and
(B)may withdraw federation status from any federated group for a period of not to exceed 1 campaign year if it is determined, on the record after opportunity for a hearing, that the federated group has not complied with the regulatory requirements.
(12)The Office may bar from participation in the Combined Federal Campaign, for a period not to exceed 1 campaign year, any voluntary agency which the Office determines, in writing, and after notice and opportunity to submit written comments, did not comply with a reasonable request by the Office to furnish it with information relating to such agency’s campaign accounting and auditing practices. 101 STAT. 1329–427
(c)For purposes of this section, a voluntary agency or federated group having “national eligibility” is one which is eligible to participate in each local domestic combined Federal campaign. industrial funding of the general supply fund Sec. 619. Industrial Funding. 2828 Copy read “SUB SECTION 1.”
(a)Permissible Uses of General Supply Fund.— The last sentence of section 109(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 756(a)) is amended—
(1)by striking out “and” at the end of clause (1); and
(2)by inserting before the period at the end of clause
(2)the following: “, and
(3)for paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through such Administration.”. 2929 Copy read “SUB Sec. 2.”.
(b)Collection of Payments for Deposit in Fund.— Section 109(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 756(b)) is amended by inserting after the second sentence the following new sentence: “Such prices shall also include an additional charge to recover properly allocable costs payable by the General Supply Fund under subsection (a)(3) with respect to the supplies or services concerned.”. 3030 Copy read “SUB Sec. 3.”.
(c)[40 USC 756](/us/usc/t40/s756) note. Implementation Plan.— Not later than February 15, 1988, the Administrator of General Services shall submit to the appropriate committees of the Congress a plan for the implementation of the amendments made by this Act. Such plan shall
(1)fully describe and explain the accounting system (including the pricing and cost allocation methodology for supplies and services) to be used for such implementation, and
(2)contain a schedule for completing actions necessary for such implementation. 3131 Copy read “Sec. 4.”.
(d)[40 USC 756](/us/usc/t40/s756) note. Effective Date.— The amendments made by this Act shall take effect not later than April 1, 1988. Sec. 620. Section 1202(b) of title 5, United States Code, is amended by adding a new sentence as follows: “Any new member serving only a portion of a seven-year term in office may continue to serve until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire, unless reappointed.”. Sec. 621. Reports.[5 USC note prec. 3341](/us/usc/t5/s3341).
(a)Notwithstanding the provisions of sections 112 and 113 of title 3, United States Code, each Executive agency detailing any personnel shall submit a report on an annual basis in each fiscal year to the Senate and House Committees on Appropriations on all employees or members of the armed services detailed to Executive agencies, listing the grade, position, and offices of each person detailed and the agency to which each such person is detailed.
(b)The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from—
(1)the Central Intelligence Agency; 101 STAT. 1329–428
(2)the National Security Agency;
(3)the Defense Intelligence Agency;
(4)the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;
(5)the Bureau of Intelligence and Research of the Department of State;
(6)any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department 31a31a Copy read “Depatment”. of Justice, the Department of the Treasury, and the Department of Energy performing intelligence functions; and
(7)the Director of Central Intelligence.
(c)The exemptions in part
(b)of this section are not intended to apply to information on the use of personnel detailed to or from the intelligence agencies which is currently being supplied to the Senate and House Intelligence and Appropriations Committees by the executive branch through budget justification materials and other reports.
(d)For the purposes of this section, the term “Executive agency” 31b31b Copy read “ ‘Executive agency’ ”. has the same meaning as defined under section 105 of title 5, United States Code (except that the provisions of section 104(2) of title 5, United States Code shall not apply) and includes the White House Office, the Executive Residence, and any office, council, or organizational unit of the Executive Office of the President. Sec. 622.
(a)None of the funds made available by this or any other[31 USC 5114](/us/usc/t31/s5114) note. Act with respect to any fiscal year may be used to make a contract for the manufacture of distinctive paper for United States currency and securities pursuant to section 5114 of title 31, United States Code, with any corporation or other entity owned or controlled by persons not citizens of the United States, or for the manufacture of such distinctive paper outside of the United States or its possessions. This subsection shall not apply if the Secretary of the TreasuryContracts.Federal Register, publication. determines that no domestic manufacturer of distinctive paper for United States currency or securities exists with which to make a contract and if the Secretary of the Treasury publishes in the Federal Register a written finding stating the basis for the determination.
(b)None of the funds made available by this or any other Act with[22 USC 211a](/us/usc/t22/s211a) note. respect to any fiscal year may be used to procure paper for passports granted or issued pursuant to the first section of the Act entitled “An Act to regulate the issue and validity of passports, and for other purposes”, approved July 3, 1926 (22 U.S.C. 211a), if such paper is manufactured outside of the United States or its possessions or is procured from any corporation or other entity owned or controlled by persons not citizens of the United States. This subsection shall not apply if no domestic manufacturer for passport paper exists. Sec. 623. Interest on Back Pay for Federal Employees.—
(a)In General.— Section 5596(b) of title 5, United States Code, is amended—
(1)by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and
(2)by adding after paragraph
(1)the following: " “(2)
(A)An amount payable under paragraph (1)(A)(i) of this subsection shall be payable with interest. “(B) Such interest— 101 STAT. 1329–429 “(i) shall be computed for the period beginning on the effective date of the withdrawal or reduction involved and ending on a date not more than 30 days before the date on which payment is made; “(ii) shall be computed at the rate or rates in effect under section 6621(a)(1) of the Internal Revenue Code of 1986 during the period described in clause (i); and “(iii) shall be compounded daily. “(C) Interest under this paragraph shall be paid out of amounts available for payments under paragraph
(1)of this subsection.”. "
(b)[5 USC 5596](/us/usc/t5/s5596) note. Effective Date.—
(1)Generally.— Except as provided in paragraph (2), the amendments made by subsection
(a)shall take effect on the date of the enactment of this Act, and shall apply with respect to any employee found, in a final judgment entered or a final decision otherwise rendered on or after such date, to have been the subject of an unjustified or unwarranted personnel action, the correction of which entitles such employee to an amount under section 5596(b)(1)(A)(i) of title 5, United States Code.
(2)Exception.—
(A)Cases in which a right to interest was reserved.— The amendments made by subsection
(a)shall also apply with respect to any claim which was brought under section 5596 of title 5, United States Code, and with respect to which a final judgment was entered or a final decision was otherwise rendered before the date of the enactment of this Act, if, under terms of such judgment or decision, a right to interest was specifically reserved, contingent on the enactment of a statute authorizing the payment of interest on claims brought under such section 5596.
(B)Method of computing interest.— The amount of interest payable under this paragraph with respect to a claim shall be determined in accordance with section 5596(b)(2)(B) of title 5, United States Code (as amended by this section).
(C)Source.— An amount payable under this paragraph shall be paid from the appropriation made by section 1304 of title 31, United States Code, notwithstanding section 5596(b)(2)(C) of title 5, United States Code (as amended by this section) or any other provision of law.
(D)Deadline.— An application for a payment under this paragraph shall be ineffective if it is filed after the end of the 1-year period beginning on the date of the enactment of this Act.
(E)Limitation on payments.— Payments under this paragraph may not be made before October 1, 1988, except that interest shall continue to accrue in accordance with 5596(b)(2)(B) of title 5, United States Code. Sec. 624.
(a)Section 7701(j) of title 26, United States Code, is amended—
(1)by deleting from paragraph (1)(c) the words “the provisions of paragraph
(2)and” following the words “subject to”; and
(2)by deleting paragraph
(2)in its entirety and substituting in lieu thereof the following language: “Nondiscrimination requirements.—Notwithstanding any other provision of law, the Thrift Savings Fund is not subject to the nondiscrimination 101 STAT. 1329–430requirements applicable to arrangements described in section 401(k) or to matching contributions (as described in section 401(m)), so long as it meets the requirements of this section.”.
(b)Section 8440 of title 5, United States Code, is amended—
(1)by deleting from paragraph (a)(3) the words “the provisions of subsection
(b)and” following the words “subject to”; and
(2)by deleting subsection
(b)in its entirety and by substituting in lieu thereof the following language: “Nondiscrimination requirements.—Notwithstanding any other provision of law, the Thrift Savings Fund is not subject to the nondiscrimination requirements applicable to arrangements described in section 401(k) of title 26, United States Code, or to matching contributions (as described in section 401(m) of title 26, United States Code), so long as it meets the requirements of this section.”. Sec. 625. Temporary Authority To Transfer Leave.— In orderRegulations.[5 USC 6302](/us/usc/t5/s6302) note. to ensure that the experimental use of voluntary leave transfers established under Public Laws 99–500 and 99–591 may continue and may cover additional employees in fiscal year 1988, the Office of Personnel Management shall establish by regulation, notwithstanding chapter 63 of title 5, United States Code, a program under which the unused accrued annual leave of officers or employees of the Federal Government may be transferred for use by other officers or employees who need such leave due to a personal emergency as defined in the regulations. The Veterans’ Administration shall establish a similar program for employees subject to section 4108 of title 5, United States Code. The programs established by this section shall expire at the end of fiscal year 1988, but any leave that has been transferred to an officer or employee under the programs shall remain available for use until the personal emergency has ended, and any remaining unused transferred leave shall, to the extent administratively feasible, be restored to the leave accounts of the officers or employees from whose accounts it was originally transferred. Sec. 626. Subsection 8902 of title 5, United States Code, is amended—
(1)by inserting in subsection (k)(1), after “as applicable,” the following: “or by a qualified clinical social worker as defined in section 8901(11),”;
(2)by inserting in subsection (k)(1), after “such a clinical psychologist” the following: “, qualified clinical social worker”;
(3)by striking out all of subsection (k)(2) and by redesignating subsection (k)(3) as subsection (k)(2); and
(4)by striking out the last sentence in subsection (m)(2)(A). Sec. 627.
(a)Section 5 of Public Law 99–87, relating to the use of[39 USC 3220](/us/usc/t39/s3220) note. official mail in the location of missing children, is amended by striking out “two and one-half years after the date of the enactment of this Act” and inserting in lieu thereof “after December 31, 1992”.
(b)Section 3(a) of Public Law 99–87 is amended by striking out[39 USC 3220](/us/usc/t39/s3220) note. “Not later than two years after the date of enactment of this Act,” and inserting in lieu thereof “Not later than June 30, 1992,”. Sec. 628. Sale of Residence of Transferred Federal Employees and Transportation Expenses.—
(a)Reimbursement of Expenses of Sale and Purchase of a Residence Upon the Transfer of a Federal Employee.—
(1)Reimbursement of expenses.— Section 5724a(a)(4)(A) of title 5, United States Code, is amended— 101 STAT. 1329–431
(A)by inserting before the period at the end of the first sentence the following: “; and expenses, required to be paid by the employee,
(i)of the sale of the residence (or the settlement of an unexpired lease) of the employee at the official station from which the employee was transferred when he was assigned to a post of duty located outside the United States, its territories or possessions, the Commonwealth of Puerto Rico, or areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979) and
(ii)of the purchase of a residence at the new official station when the employee is transferred in the interest of the Government from a post of duty located outside the United States, its territories or possessions, the Commonwealth of Puerto Rico, or areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), to an official station (other than the official station from which he was transferred when assigned to the foreign tour of duty) within the United States, its territories or possessions, the Commonwealth of Puerto Rico, or such areas and installations in the Republic of Panama”; and
(B)by adding at the end thereof the following new sentence: “Reimbursement of expenses prescribed under this paragraph in connection with transfers from a post of duty located outside the United States, its territories or possessions, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), shall not be allowed for any sale or settlement of unexpired lease or purchase transaction that occurs prior to official notification that the employee’s return to the United States would be to an official station other than the official station from which the employee was transferred when assigned to the foreign post of duty.”.
(2)[5 USC 5724a](/us/usc/t5/s5724a) note. Effective date.— The amendments made by paragraph
(2)shall be applicable with respect to any employee transferred to or from a post of duty on or after 60 days after the date of enactment of this section.
(b)Funds for Implementation.— The amendments made by subsection
(a)shall be carried out by agencies by the use of funds appropriated or otherwise available for the administrative expenses of each of such respective agencies. The amendments made by such subsections do not authorize the appropriation of funds in amounts exceeding the sums already authorized to be appropriated for such agencies. Sec. 629. Notwithstanding 31 U.S.C. 1346 or section 607 of this Act, funds made available for fiscal year 1988 by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided in Executive order Number 12472 (April 3, 1984). 101 STAT. 1329–432 Employee Disclosure Agreements Sec. 630. No funds appropriated in this or any other Act for fiscal year 1988 may be used to implement or enforce the agreements in Standard Forms 189 and 4193 of the Government or any other nondisclosure policy, form or agreement if such policy, form or agreement:
(1)concerns information other than that specifically marked as classified; or, unmarked but known by the employee to be classified; or, unclassified but known by the employee to be in the process of a classification determination;
(2)contains the term “classifiable” 3232 Copy read “ ‘classifiable’ ”.;
(3)directly or indirectly obstructs, by requirement of prior written authorization, limitation of authorized disclosure, or otherwise, the right of any individual to petition or communicate with Members of Congress in a secure manner as provided by the rules and procedures of the Congress;
(4)interferes with the right of the Congress to obtain executive branch information in a secure manner as provided by the rules and procedures of the Congress;
(5)imposes any obligations or invokes any remedies inconsistent with statutory law: *Provided,* That nothing in this section shall affect the enforcement of those aspects of such nondisclosure policy, form or agreement that do not fall within subsections (1)–(5) of this section. This Act may be cited as the “Treasury, Postal Service and General Government Appropriations Act, 1988”.
(1)Upon the enactment of this resolution enrolled as a handCongress.[1 USC 106](/us/usc/t1/s106) note. enrollment, the Clerk of the House of Representatives shall prepare a printed enrollment of this resolution as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this resolution as enrolled in the hand enrollment.
(2)A printed enrollment prepared pursuant to subsection (n)(1) may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections.
(3)A printed enrollment prepared pursuant to subsection (n)(1) shall be signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of this resolution and shall be transmitted to the President.
(4)Upon certification by the President that a printed enrollmentPresident of U.S. transmitted pursuant to subsection (n)(3) is a correct printing of the hand enrollment of this resolution, such printed enrollment shall be considered for all purposes as the original enrollment of this resolution and as valid evidence of the enactment of this resolution.
(5)A printed enrollment certified by the President under subsectionPresident of U.S. (n)(4) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing this resolution for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed 101 STAT. 1329–433enrollment certified by the President under subsection (n)(4) in lieu of the hand enrollment.
(6)As used in this section, the term “hand enrollment” means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, United States Code, as authorized by the joint resolution entitled “Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988”, approved December 1987 (H.J. Res. 426 of the 100th Congress).
(o)Federal employees furloughed as the result of any lapse in appropriations prior to the enactment of this Resolution shall be compensated at their standard rate of compensation for the period during which there was a lapse in appropriations. All obligations incurred in anticipation of the appropriations made and authority granted by this Resolution for the purpose of maintaining the essential level of activity to protect life and property and bring about the orderly termination of Government functions are hereby ratified and approved if otherwise in accord with the provisions of this Resolution. Sec. 102. Effective date. Unless otherwise provided for in this joint resolution or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from December 21, 1987, and shall remain available until
(a)enactment into law of an appropriation for any project or activity provided for in this joint resolution, or
(b)enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or
(c)September 30, 1988, whichever first occurs. Sec. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any program, project, or activity during the period for which funds or authority for such project or activity are available under this joint resolution. Sec. 104. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization (including a continuing appropriation for the full year) whenever a bill in which such applicable appropriation, fund, or authorization (including a continuing appropriation for the full year) is contained is enacted into law. Sec. 105. Section 1515 of title 31 of the United States Code is amended by striking subsection
(a)and inserting in lieu thereof the following: " “(a) An appropriation required to be apportioned under section 1512 of this title may be apportioned on a basis that indicates the need for a deficiency or supplemental appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees (including prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5) and to retired and active military personnel.” " Sec. 106. [4 USC 113](/us/usc/t4/s113) note.[5 USC 5532, 8344](/us/usc/t5/s5532/8344).[7 USC 426](/us/usc/t7/s426) note.[12 USC 1749a](/us/usc/t12/s1749a).[22 USC 5056a](/us/usc/t22/s5056a).[40 USC 1666–6, 278a](/us/usc/t40/s1666–6/278a) note. The provisions of appropriations Acts within the purview of this joint resolution, and the provisions of appropriations Acts within the purview of the following joint resolutions making continuing appropriations (section 101(c) of Public Law 96–86 (93 Stat. 657), section 101(f) of Public Law 98–151 (97 Stat. 973), section 101(b) of Public Law 98–473 (98 Stat. 1837), section 101
(a)and
(c)of Public Law 99–190 (99 Stat. 1185,1224), and section 101 (g), (i), and
(1)101 STAT. 1329–434of Public Laws 99–500 and 99–591 (100 Stat. 1783–242,[42 USC 1437b note, 1437*o*, 5318, 8821,11361 note](/us/usc/t42/s1437b/1437o/5318/8821/11361).[49 USC app. 2311](/us/usc/t49/s2311).Effective date. 1783–287, 1783–308, 3341–242, 3341–287, 3341–308)), shall (to the extent and in the manner specified in the pertinent section of any such joint resolution) be effective as if enacted into law. Those provisions are effective on the date of enactment of the pertinent joint resolution except to the extent a different effective date is specified in the joint resolution or pertinent appropriations Act. Sec. 107. Amounts and authorities provided by this resolutionReports. shall be in accordance with the reports accompanying the bills as passed by or reported to the House and the Senate and in the Joint Explanatory Statement of the Conference accompanying this Joint Resolution. Sec. 108.
(a)Notwithstanding any other provision of this resolution[5 USC 5305](/us/usc/t5/s5305) note. or any other law, no adjustment in rates of pay under section 5305 of title 5, United States Code, which becomes effective on or after October 1, 1987, and before October 1, 1988, shall have the effect of increasing the rate of salary or basic pay for any office or position in the legislative, executive, or judicial branch or in the government of the District of Columbia—
(1)if the rate of salary or basic pay payable for that office or position as of September 30, 1987, was equal to or greater than the rate of basic pay then payable for level V of the Executive Schedule under section 5316 of title 5, United States Code; or
(2)to a rate exceeding the rate of basic pay payable for level V of the Executive Schedule under such section 5316 as of September 30, 1987, if, as of that date, the rate of salary or basic pay payable for that office or position was less than the rate of basic pay then payable for such level V.
(b)For purposes of subsection (a), the rate of salary or basic payRegulations. payable as of September 30, 1987, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed—
(1)by the President, in the case of any office or positionPresident of U.S. within the executive branch or in the government of the District of Columbia;
(2)Jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
(3)by the Chief Justice of the United States, in the case of any office or position within the judicial branch. Sec. 109.
(1)None of the funds appropriated for fiscal year 1988[40 USC 601](/us/usc/t40/s601) note. by this Resolution or any other law may be obligated or expended to enter into any contract for the construction, alteration, or repair of any public building or public work in the United States or any territory or possession of the United States with any contractor or subcontractor of a foreign country, or any supplier of products of a foreign country, during any period in which such foreign country is listed by the United States Trade Representative under subsection
(c)of this section.
(2)The President or the head of a Federal agency administeringPresident of U.S. the funds for the construction, alteration, or repair may waive the restrictions of paragraph
(1)of this subsection with respect to an individual contract if the President or the head of such agency determines that such action is necessary in the public interest. The authority of the President or the head of a Federal agency under 101 STAT. 1329–435Federal Register, publication.this paragraph may not be delegated. The President or the head of a Federal agency waiving such restrictions shall, within 10 days, publish a notice thereof in the Federal Register describing in detail the contract involved and the reason for granting the waiver.
(1)Not later than 30 days after the date of enactment of this Resolution, the United States Trade Representative shall make a determination with respect to each foreign country of whether such foreign country—
(A)denies fair and equitable market opportunities for products and services of the United States in procurement, or
(B)denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country.
(2)In making determinations under paragraph (1), the United States Trade Representative shall take into account information obtained in preparing the report submitted under section 181(b) of the Trade Act of 1974 and such other information or evidence concerning discrimination in construction projects against United States products and services that are available.
(1)The United States Trade Representative shall maintain a list of each foreign country which—
(A)denies fair and equitable market opportunities for products and services of the United States in procurement, or
(B)denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country.
(2)Such list shall include—
(A)each foreign country with respect to which an affirmative determination is made under subsection (b); and
(B)the country of Japan and any other country which has expressed a policy of denying fair and equitable market opportunities for products and services of the United States in procurement or bidding for projects described in paragraph
(1)of this subsection.
(3)Any foreign country that is initially listed or that is added to the list maintained under paragraph
(1)shall remain on the list until—
(A)such country removes the barriers in construction projects to United States products and services;
(B)such country submits to the President or the United States Trade Representative evidence demonstrating that such barriers have been removed; and
(C)Reports. the United States Trade Representative conducts an investigation to verify independently that such barriers have been removed and submits, at least 30 days before granting any such waiver, a report to each House of the Congress identifying the barriers and describing the actions taken to remove them.
(4)Federal Register, publication. The United States Trade Representative shall publish in the Federal Register the entire list required under paragraph
(1)and shall publish in the Federal Register any modifications to such list that are made after publication of the original list. 101 STAT. 1329–436
(d)For purposes of this section—
(1)each foreign instrumentality, and each territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country;
(2)any contractor or subcontractor that is a citizen or national of a foreign country, or is controlled directly or indirectly by citizens or nationals of a foreign country, shall be considered to be a contractor or subcontractor of such foreign country;
(3)subject to paragraph (4), any product that is produced or manufactured (in whole or in substantial part) in a foreign country shall be considered to be a product of such foreign country;
(4)the restrictions of subsection (a)(1) shall not prohibit the use, in the construction, alteration, or repair of a public building or public work, of vehicles or construction equipment of a foreign country; and
(5)the terms “contractor” and “subcontractor” include any person performing any architectural, engineering, or other services directly related to the preparation for or performance of the construction, alteration, or repair.
(e)Paragraph (a)(1) of this section shall not apply to contracts entered into prior to the date of enactment of this Resolution.
(f)The provisions of this section are in addition to, and do not limit or supersede, any other restrictions contained in any other Federal law. Sec. 110.
(a)Adjustments for Employees Under Statutory Pay Systems.—[5 USC 5305](/us/usc/t5/s5305) note.
(1)Two-percent increase.— Notwithstanding any other provision of law, in the case of fiscal year 1988, the overall percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 2 percent.
(2)Uniform adjustments; delayed effective date.— Each increase in a pay rate or schedule which takes effect pursuant to paragraph
(1)shall, to the maximum extent practicable, be of the same percentage and shall take effect as of the beginning of the first applicable pay period beginning on or after January 1, 1988.
(b)Two Percent Military Pay Raise for Fiscal Year 1988.— Section 601 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180) is amended by striking[37 USC 403](/us/usc/t37/s403) note. out subsections (b), (c), and
(d)and inserting in lieu thereof the following: " “(b) Two Percent Increase in Basic Pay, BAQ, and BAS.— TheEffective date.[37 USC 1009](/us/usc/t37/s1009) note. rates of basic pay, basic allowance for quarters, and basic allowance for subsistence of members of the uniformed services are increased by 2 percent effective on January 1, 1988. “(c) Two Percent Increase in Cadet and Midshipman Pay.— Effective on January 1, 1988, section 203(c)(1) of title 37, UnitedEffective date. States Code, is amended by striking out ‘$494.40’ and inserting in lieu thereof ‘$504.30’.”. " 101 STAT. 1329–437 assistance to the nicaraguan democratic resistance Sec. 111.
(a)There are hereby transferred to the President $3,600,000 of unobligated funds, from such accounts for which appropriations were made by Department of Defense appropriations Acts for the fiscal year 1987 or prior years, as the President shall designate, to provide humanitarian assistance to the Nicaraguan democratic resistance consistent with this section, to remain available through February 29, 1988. (b)President of U.S.
(1)The President is authorized to transfer or reprogram $4,500,000 of unobligated funds from such accounts for which appropriations were made by Department of Defense appropriations Acts for the fiscal year 1987 or prior fiscal years, as the President shall designate, to provide transportation of humanitarian and other assistance previously, specifically authorized by law to the Nicaraguan democratic resistance, to remain available through February 29, 1988.
(A)Transportation under paragraph
(1)for lethal assistance previously authorized by law shall be suspended on January 12, 1988 and shall resume thereafter only if, after January 18, 1988, the President determines and certifies to the Congress that:
(i)at the time of such certification no ceasefire is in place that was agreed to by the Government of Nicaragua and the Nicaraguan democratic resistance;
(ii)the failure to achieve the ceasefire described in subparagraph (A)(i) results from the lack of good faith efforts by the Government of Nicaragua to achieve such a ceasefire; and
(iii)the Nicaraguan democratic resistance has engaged in good faith efforts to achieve the ceasefire described in subparagraph (A)(i).
(B)Transportation under paragraph
(1)for lethal assistance previously authorized by law shall be suspended during any period in which there is in place a ceasefire described in subparagraph (A)(i), except to the extent, if any, permitted by the agreement governing such
(1)The Department of Defense shall, through February 29, 1988, make available to the department or agency administering this section passive air defense equipment to ensure the safety of transportation provided pursuant to this section.
(2)The Department of Defense shall not charge the department or agency receiving equipment under paragraph
(1)for such equipment, and shall bear the risk of loss, damage or deterioration of such equipment during the period of its use under the authority of paragraph (1). (d)President of U.S.
(1)The President is authorized to transfer unobligated funds from such accounts for which appropriations were made by Department of Defense appropriations Acts for the fiscal year 1987 or prior fiscal years, as the President shall designate, solely for the indemnification through February 29, 1988, of aircraft leased after the date of enactment of this joint resolution to carry out subsection (b).
(2)On March 1, 1988, the President shall transfer the balance, if any, remaining of funds transferred under paragraph
(1)to the accounts from which such funds were transferred under paragraph (1).
(e)As used in this section, the term “humanitarian assistance” means only food, clothing, shelter, medical services, medical supplies, and payment for such items. 101 STAT. 1329–438
(f)The requirements, terms and conditions of section 104 of the Intelligence Authorization Act, Fiscal Year 1988 (Public Law 100–178), section 8144 of the Department of Defense Appropriations Act, 1988 as contained in section 101(b) of this joint resolution, section 10 of Public Law 91–672, section 502 of the National Security Act of 1947, section 15(a) of the State Department Basic Authorities Act of 1956, and any other provision of law shall be deemed to have been met for the transfer and use consistent with this section of the funds made available by subsections (a), (b), and (d), and the transfer and use of equipment as provided in subsection (c).
(g)The authority to support, monitor, and manage the activities for which this section provides funds shall continue until February 29, 1988.
(h)Sections 203(e), 204(b), 207, 209(b), 209(c), and 216, and the first sentence of section 203(d), in “TITLE II—CENTRAL AMERICA” in section 101(k) of the continuing appropriations resolution for the fiscal year 1987 (Public Laws 99–500 and 99–591) shall apply with respect to funds made available by this section.
(i)If, on January 17, 1988, a cease-fire agreed to by the GovernmentPresident of U.S. of Nicaragua and the Nicaraguan democratic resistance is in place and the Government of Nicaragua is in compliance with the Guatemala Peace Accord of August 7, 1987, then the President shall, to the maximum extent practicable, make the unobligated balance of funds transferred by subsection
(a)available for administration consistent with this section by nonpolitical humanitarian international organizations.
(1)The President may submit to Congress, no earlier than January 25, 1988, and no later than January 27, 1988, a request in accordance with this section for budget and other authority to provide additional assistance for the Nicaraguan democratic resistance.
(2)Only if a joint resolution approving a request made pursuant to subsection (j)(1) has been enacted into law, the President may submit to Congress one additional request under this section for budget and other authority to provide additional assistance for the Nicaraguan democratic resistance.
(3)It is the sense of Congress that any request in accordance with this section should be compatible with the Guatemala Peace Accord of August 7, 1987, and the decisions reached by the Central American presidents at the meeting on the report of the International Commission of Verification and Followup, and consistent with the national security interests of the United States.
(4)Each request of the President in accordance with this sectionReports. shall include a detailed statement of the steps that the United States, the Central American nations, and other interested parties have taken in support of the Guatemala Peace Accord of August 7, 1987, and of any ceasefire agreed to by the Government of Nicaragua and the Nicaraguan democratic resistance, as well as a report on any progress made in any bilateral or multilateral talks between the United States and the Government of Nicaragua.
(5)If a request of the President in accordance with this section proposes the transfer of funds, the request shall specify the accounts from which the funds are proposed to be transferred.
(6)For purposes of this section, the term “joint resolution” means only a joint resolution introduced within one day of session after the day of session on which the Congress receives the request submitted by the President pursuant to paragraphs
(1)or (2)— 101 STAT. 1329–439
(A)the matter after the resolving clause of which is as follows: “That the Congress hereby approves the additional authority and assistance for the Nicaraguan democratic resistance that the President requested pursuant to H.J. Res. 395 of the 100th Congress, the Act making continuing appropriations for fiscal year 1988.”;
(B)which does not have a preamble; and
(C)the title of which is as follows: “Joint Resolution relating to Central America pursuant to H.J. Res. 395 of the 100th Congress.”.
(7)Any such joint resolution shall, upon introduction, be referred in the House of Representatives to the appropriate committee or committees.
(8)If all of the committees of the House of Representatives to which the first joint resolution approving a request made pursuant to subsection (j)(1) has been referred have not reported such joint resolution by the end of February 1, 1988, any committee which has not reported such joint resolution shall be discharged from further consideration thereof on February 2, 1988 and such joint resolution shall be placed on the appropriate calendar of the House.
(9)If all of the committees of the House of Representatives to which the first joint resolution approving a request made pursuant to subsection (j)(2) has been referred have not reported such joint resolution by the end of ten days of session after such joint resolution was introduced, any committee which has not reported such joint resolution shall be discharged from further consideration thereof and such joint resolution shall be placed on the appropriate calendar of the House.
(10)On February 3, 1988, it is in order for any Member of the House of Representatives (after consultation with the Speaker as to the most appropriate time for consideration) to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the joint resolution approving a request made pursuant to subsection (j)(1).
(11)It is in order for any Member of the House of Representatives (after consultation with the Speaker as to the most appropriate time for consideration) to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the joint resolution approving a request made pursuant to subsection (j)(2) at any time after such joint resolution has been on the calendar for a period of five days of session, except that it shall not be in order to consider such joint resolution prior to July 1, 1988.
(12)In the House of Representatives, the vote on final passage of the joint resolution approving a request made pursuant to subsection (j)(1) shall occur no later than February 3, 1988, and the vote on final passage of the joint resolution approving a request made pursuant to subsection (j)(2) shall occur no later than September 30, 1988.
(1)The motion that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of a joint resolution in accordance with this section is highly privileged and is in order even though a previous motion to the same effect has been disagreed to. All points of order against the joint resolution and against its consideration are waived. If the motion is agreed to, the resolution shall remain the unfinished business of the House until disposed of. 101 STAT. 1329–440
(2)Debate on the joint resolution shall not exceed ten hours, which shall be divided equally between a Member favoring and a Member opposing the joint resolution. A motion to limit debate is in order at any time in the House or in the Committee of the Whole and is not debatable.
(3)An amendment to the joint resolution is not in order.
(4)At the conclusion of the debate on the joint resolution, the Committee of the Whole shall rise and report the joint resolution back to the House, and the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion.
(1)A joint resolution described in subsection (j)(6) introduced in the Senate shall be referred to the appropriate committee of the Senate.
(2)If the committee to which is referred a joint resolution described in subsection (i)(6) has not reported such a resolution at the end of February 2, 1988, in the case of a resolution approving a request made pursuant to subsection (j)(1), hereinafter referred to as the first resolution, and at the end of 15 days of session after the introduction of a resolution approving a request made pursuant to subsection (j)(2), hereinafter referred to as the second resolution, such committee shall be discharged from further consideration of any such joint resolution. The second such resolution may not be reported before the eighth day of session after its introduction.
(A)When the committee to which a Resolution is referred has reported, or has been discharged (under paragraph (2)) from further consideration of, a resolution described in subsection (j)(6), notwithstanding any rule or precedent of the Senate, including Rule 22, it is in order only on February 4, 1988 in the case of the first, and any time in July, August or September 1988 in the case of the second (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is not debatable. The motion is not subject to a motion to postpone. A yea and nay vote shall occur on the motion. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the Senate until disposed of.
(B)Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between the Majority and the Minority Leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
(C)Immediately following the conclusion of debate on a resolution described in subsection (j)(6), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on passage of the resolution shall occur.
(D)Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a resolution described in subsection (j)(6) shall be decided without debate. 101 STAT. 1329–441
(E)The vote on passage of the first such joint resolution in the Senate shall occur no later than 10:00 p.m., February 4, 1988, and on the second such joint resolution not before July 1, 1988, and no later than 10:00 p.m., September 30, 1988.
(4)If, before the passage by the Senate of a resolution of the Senate described in subsection (j)(6), the Senate receives from the House of Representatives a resolution described in subsection (j)(6), then the following procedures shall apply:
(A)The resolution of the House of Representatives shall not be referred to a committee.
(B)With respect to a resolution described in subsection (j)(6) in the Senate—
(i)the procedure in the Senate shall be the same as if no resolution had been received from the House; but
(ii)the vote on passage shall be on the resolution of the House.
(C)Upon disposition of the resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate.
(5)If the Senate receives from the House of Representatives a resolution described in subsection (j)(6) after the Senate has disposed of a Senate originated resolution, the action of the Senate with regard to the disposition of the Senate originated resolution shall be deemed to be the action of the Senate with regard to the House originated resolution.
(1)Section 215 in “TITLE II—CENTRAL AMERICA” in section 101(k) of the continuing appropriations resolution for the fiscal [100 Stat. 1783–307, 3341–307](/us/stat/100/1783–307/3341–307).[99 Stat 249](/us/stat/99/249).year 1987 (Public Laws 99–500 and 99–591), and subsections (p),
(s)and
(t)of section 722 of the International Security and Development Cooperation Act of 1985 are hereby repealed, and the provisions of section 8066 of the Department of Defense Appropriations Act, 1985, as contained in Public Law 98–473, shall not apply to any request for assistance to the Nicaraguan democratic resistance.
(2)Subsections (j)(1) are enacted—
(A)as an exercise in the rulemaking powers of the House of Representatives and Senate, and as such they are deemed a part of the Rules of the House and the Rules of the Senate, respectively, but applicable only with respect to the procedure to be followed in the House and the Senate in the case of joint resolutions under this section, and they supercede other rules only to the extent that they are inconsistent with such rules; and
(B)with full recognition of the constitutional right of the House and the Senate to change their rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House or Senate, and of the right of the Committee on Rules of the House of Representatives to report a resolution for the consideration of any measure.
(3)As used in this subsection, the term “day of session” means a day on which the respective House is in session. Sec. 136.
(a)Paragraph
(37)of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)) is amended by adding at the end thereof the following new subparagraph: " “(F)
(i)For purposes of this title a qualified football coaches plan— “(I) shall be treated as a multiemployer plan to the extent not inconsistent with the purposes of this subparagraph; and 101 STAT. 1329–442 “(II) notwithstanding section 401(k)(4)(B) of such Code, may include a qualified cash and deferred arrangement. “(ii) For purposes of this subparagraph, the term ‘qualified football coaches plan’ means any defined contribution plan which is established and maintained by an organization— “(I) which is described in section 501(c); “(II) the membership of which consists entirely of individuals who primarily coach football as full-time employees of 4-year colleges or universities described in section 170(b)(1)(A)(ii); and “(III) which was in existence on September 18, 1986.” "
(b)The amendment made by this section shall apply to yearsEffective date.[29 USC 1002](/us/usc/t29/s1002) note. beginning after the date of the enactment of this joint resolution. Sec. 137.
(a)The amounts made available for Star Schools under section 101(h) of this joint resolution shall be available for carrying out the provisions of title IX of the Education for Economic Security Act, relating to Star Schools, as contained in section 6005 of the Senate amendment to H.R. 5.
(b)The amounts made available for the workplace literacy program under section 101(h) of this joint resolution shall be for carrying out the provisions of section 317 of the Adult Education Act, as contained in the Senate amendment to H.R. 5.
(c)The amounts made available for dropout prevention under section 101(h) of this joint resolution shall be available for part A and part C of title VIII of the Senate amendment to H.R. 5: *Provided,* That
(1)the first category of local educational agencies for allotment under part A shall include such agencies with a total enrollment of 100,000 or more students and 25 percent of the amount appropriated shall be allotted for such category,
(2)the second such category shall be agencies having a total enrollment of 20,000 but less than 100,000 and 40 percent of the amount appropriated shall be allotted to the second category, and
(3)the third such category of agencies shall be allotted 30 percent of the amount appropriated. Sec. 138.
(1)For the purposes of making adjustments under section 619(a)(2)(E) of the Education of the Handicapped Act for fiscal year 1987, the number of handicapped children aged 3 to 5, inclusive receiving special education and related services for purposes of section 619(a)(2)(A)(ii)(II) of such Act shall be equal to the number of such children receiving special education and related services on December 1, 1987, or, if the State educational agency so chooses, the number of such children on March 1, 1988.
(2)In complying with paragraph (1), the Secretary of Education may not use the March 1 count for the purpose of this subsection unless it is received by the Secretary not later than April 15, 1988.
(3)For the purpose of this subsection, only children aged three to five, inclusive, as of December 1, 1987, may be included in the March 1, 1988, count.
(b)The provisions of subsection
(a)shall be effective as if enactedEffective date. on October 8, 1986. Sec. 139. There is authorized $10,000,000 to establish the Warren G. Magnuson Foundation and Margaret Chase Smith Foundation Assistance Act. Sec. 140.
(a)In recognition of the public service of Senator WarrenWarren G. Magnuson.Grants. G. Magnuson, the Secretary of Education shall make grants, in accordance with the provisions of this joint resolution, to the Warren G. Magnuson Foundation for use in the development and activities of the Warren G. Magnuson Health Services Center at the 101 STAT. 1329–443University of Washington at Seattle, Washington, and for other health and education related activities of the Foundation.
(b)Margaret Chase Smith.Grants. In recognition of the public service of Senator Margaret Chase Smith, the Secretary of Education shall make grants, in accordance with the provisions of this joint resolution to the Margaret Chase Smith Foundation for use in the development and activities of the Margaret Chase Smith Library Center, located in Skowhegan, Maine.
(c)No payment may be made under this joint resolution unless an application is made to the Secretary of Education at such time, in such manner, and containing or accompanied by such information as the Secretary of Education may require. Sec. 141.
(a)There are authorized to be appropriated such sums, not to exceed $5,000,000 as may be necessary to carry out the provisions of section 140(a) of this joint resolution.
(b)There are authorized to be appropriated such sums, not to exceed $5,000,000 as may be necessary to carry out the provisions of section 140(b) of this joint resolution.
(c)Funds appropriated under this joint resolution shall remain available until expended. Sec. 144. [40 USC 174j–1](/us/usc/t40/s174j–1) note. The Committee on Rules and Administration of the Senate may provide for the distribution of unused food from the Senate cafeterias under the jurisdiction of the committee to the needy of the District of Columbia through an appropriate private distribution organization selected by the committee. Sec. 156.
(a)The Secretary of Labor is authorized to make available from funding provided by this joint resolution and authorized by title IV, part B of the Job Training Partnership Act such funds as are necessary to match a Federal Aviation Administration grant to the city of San Marcos, Texas, for the functional replacement of buildings and other facilities at the Gary Job Corps Center, San Marcos, Texas: *Provided,* That funding made available by this joint resolution for this purpose shall not exceed $372,000. Such funds are necessary to facilitate the transfer of 37 acres, more or less, at the Gary Job Corps Center to the city of San Marcos, pursuant to section 516 of the Airport and Airway Improvement Act of 1982, as amended (by pending legislation: H.R. 2310/S. 1184, awaiting conference), for development of the San Marcos Municipal Airport.
(b)Notwithstanding any other provision of law, the Secretary of Transportation is authorized, pursuant to section 505(a) of the Airport and Airway Improvement Act of 1982, as amended (by pending legislation), to issue a grant to the city of San Marcos, Texas, for the functional replacement of buildings and other improvements at the Gary Job Corps Center, San Marcos, Texas; such functional replacement shall be considered as airport development as defined in section 503(a)(2) of said Act; further, costs for such functional replacement shall be allowable costs, notwithstanding any provision of section 513(c) of said Act; funds authorized in subsection
(a)of this section may be used to provide the needed matching share of the cost of such functional relocation, notwithstanding any provision of section 510 of said Act.
(c)For the purpose of this section, no Federal funds used for such functional replacement shall be considered as an expense to the United States as that term is used in section 516 of the Airport and Airway Improvement Act of 1982, as amended (by pending legislation). 101 STAT. 1329–444
(d)The 37 acres referenced in subsection
(a)of this section are defined as follows: a tract of land being that part of the Job Corps site located south of and adjacent to the aircraft apron of the San Marcos Airport, Caldwell County, Texas. This tract is more particularly described in the following paragraphs: beginning at that northwest corner of the Job Corps site which is located near the south edge of the aircraft apron, and is approximately 100 feet northeasterly of the old control tower; thence east along the north boundary of the Job Corps site an approximate distance of 1850 feet to a point in the aircraft apron; thence northeasterly along a line perpendicular to the center line of runway 12–30 an approximate distance of 150 feet to a point which is approximately 750 feet from the said center line; thence southeasterly along a line in the aircraft apron and parallel to the said center line an approximate distance of 1500 feet to a point near the southeast edge of the said apron, thence southwest along a line perpendicular to the said center line an approximate distance of 400 feet to a point; thence northwest along a line parallel to the said centerline an approximate distance of 150 feet to a point which is on an extension of a line northeasterly along 10th Street; thence southwest along the said extension an approximate distance of 200 feet to a point; thence northwest along a line parallel to the southwest side of the large solitary hangar between 9th Street and 10th Street and passing along the southwest side of this hangar an approximate distance of 700 feet to a point which is on an extension of a line northeasterly along 9th Street; thence southwest along the extension of the line along 9th Street an approximate distance of 250 feet to a point on the southwest line of Kane Avenue East; thence northwest along the southwest line of Kane Avenue East an approximate distance of 650 feet to an angle point in Kane Avenue; thence west along the south line of Kane Avenue an approximate distance of 2800 feet to a point on the northwest boundary of the Job Corps site, which is on the northwest side of Kane Avenue West; thence northeast along the said northwest boundary an approximate distance of 50 feet to a point on the north boundary of the Job Corps site; thence east along the north boundary of the Job Corps site, which is along the north side of Kane Avenue, an approximate distance of 1250 feet to an angle point in the boundary; thence north along the boundary an approximate distance of 150 feet to an angle point in the boundary; thence east along the boundary an approximate distance of 250 feet to an angle point in the boundary; and thence north along the boundary an approximate distance of 300 feet to the point of beginning. 101 STAT. 1329–445 Agricultural Aid and Trade Missions Act SEC. 1. AGRICULTURAL AID AND TRADE MISSIONS.[7 USC 1736bb](/us/usc/t7/s1736bb).
(a)Effective date. Establishment.— Not later than 60 days after the date of enactment of this Act, under the chairmanship of the Secretary of Agriculture, the Secretary of Agriculture, the Secretary of State, and the Administrator shall jointly establish agricultural aid and trade missions to eligible countries to encourage the countries to participate in those United States agricultural aid and trade programs for which they are eligible in accordance with section 2
(b)Composition.— A mission to an eligible country shall be composed of—
(1)representatives of the Department of Agriculture, the Department of State, and the Agency for International Development, appointed by the Secretary of Agriculture, Secretary of State, and Administrator, respectively; and
(2)not less than 3, nor more than 6, representatives of market development cooperators, tax-exempt nonprofit agribusiness organizations, private voluntary organizations, and cooperatives, appointed jointly by the Secretary of Agriculture, Secretary of State, and Administrator, who are knowledgeable about food aid and agricultural export programs, as well as the food needs, trade potential, and economy of the eligible country.
(c)Terms.— The term of members of a mission shall terminate on submission of the report required under section 4.
(d)Compensation and Travel Expenses.— A member of a mission shall serve without compensation, if not otherwise an officer or employee of the United States, except that a member, while away from home or regular place of business in the performance of services under this chapter, shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code. SEC. 2. REQUIRED AND ADDITIONAL MISSIONS; ELIGIBLE COUNTRIES.[7 USC 1736bb–1](/us/usc/t7/s1736bb–1).
(a)Required Missions.— Missions shall be established and completed—
(1)not later than 6 months after the date of enactment of this Act, in 8 countries chosen in accordance with the criteria set forth in subsection (c); and
(2)not later than 1 year after the date of enactment of this Act, in 8 additional countries chosen in accordance with such criteria.
(b)Additional Missions.— After the completion of the missions referred to in subsection (a), a mission may be established to any foreign country chosen in accordance with the criteria set forth in subsection (c).
(c)Criteria.—
(1)Individual countries.— Subject to paragraph
(2)and subsection (a), a mission shall be established to a foreign country if—
(A)the country is eligible for participation in United States agricultural aid and trade programs and such participation would be mutually advantageous to the country and the United States; and
(B)the country is friendly to the United States. 101 STAT. 1329–446
(2)Multiple countries.— In selecting countries for missions under this section, the Secretary shall—
(A)select countries that are in various stages of development and have various income levels; and
(B)consider—
(i)past participation in United States food programs;
(ii)experience with United States agricultural aid and trade programs; and
(iii)import market potential.
(d)Eligibility of Poland.— Notwithstanding any other provision of this section, the Secretary of Agriculture may establish a mission in Poland. SEC. 3. FUNCTIONS.[7 USC 1736bb–2](/us/usc/t7/s1736bb–2). The members of a mission to an eligible country shall—
(1)meet with representatives of Government agencies of the United States and the eligible country, as well as commodity boards, private enterprises, international organizations, private voluntary organizations, and cooperatives that operate in the eligible country, to assist in planning the extent to which United States agricultural aid and trade programs could be used in a mutally beneficial manner to meet the food and economic needs of the country;
(2)provide technical expertise and information to representatives of Government agencies of the United States and the eligible country and private organizations with respect to United States agricultural aid and trade programs and agricultural commodities and other assistance available to the eligible country under such programs; and
(3)assist in obtaining firm commitments for—
(A)proposals for food aid programs; and
(B)agreements for commodity sales. SEC. 4. MISSION REPORTS.[7 USC 1736bb–3](/us/usc/t7/s1736bb–3). Not later than 60 days after the completion of a mission under section 2, the mission shall submit a report that contains the findings and recommendations of the mission in carrying out its responsibilities under this chapter to the President, the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate, the Secretary of Agriculture, the Secretary of State, and the Administrator. SEC. 5. PROGRESS REPORTS.[7 USC 1736bb–4](/us/usc/t7/s1736bb–4). During the 2-year period beginning 1 year after the date of enactment of this Act, the Secretary of Agriculture and the Administrator shall jointly submit a quarterly report on progress made in implementing the recommendations of the missions reported under section 4, including the quantity and dollar value of commodities shipped to eligible countries and the specific development programs undertaken in accordance with this chapter, to the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate. 101 STAT. 1329–447 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.[7 USC 1736bb–5](/us/usc/t7/s1736bb–5). There are authorized to be appropriated such sums as may be necessary to carry out this chapter: *Provided,* That $200,000 is appropriated to carry out this chapter for fiscal year 1988. SEC. 7. DEFINITIONS.[7 USC 1736bb–6](/us/usc/t7/s1736bb–6). As used in this chapter:
(1)Administrator.— The term “Administrator” means the Administrator of the Agency for International Development.
(2)Eligible country.— The term “eligible country” means a country that is eligible under section 2(c).
(3)Mission.— The term “mission” means an agricultural aid and trade mission established under section 1.
(4)United states agricultural aid and trade programs.— The term “United States agricultural aid and trade programs” includes—
(A)programs established under titles I and II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.);
(B)the program established under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431);
(C)the agricultural export enhancement program established under section 1127 of the Food Security Act of 1985 (7 U.S.C. 1736y);
(D)the dairy export incentive program established under section 153 of the Food Security Act of 1985 (15 U.S.C. 713a–14);
(E)the export credit guarantee program (GSM–102) established under section 5(f) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(f));
(F)the intermediate export credit guarantee program (GSM–103) established under section 4(b) of the Food for Peace Act of 1966 (7 U.S.C. 1707a(b));
(G)the food for progress program established under section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o); and
(H)other agricultural aid and trade programs authorized by the Food Security Act of 1985 (Public Law 99–198), by the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or by other applicable authorities. Subtitle E— Public Law 480 and Related Provisions SEC. 8. LEVEL OF SALES FOR FOREIGN CURRENCY. Section 101(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701(b)) is amended—
(1)President of U.S. in paragraph (1), by adding at the end the following: “For each of the fiscal years 1988 through 1990, each agreement entered into under this title shall provide for some sale for foreign currencies for use under section 108, (except for agreements with a country the President determines is incapable of participating in section 108) unless the President determines that the level of agricultural commodities furnished under title I will be significantly reduced as a result of this sentence.”; and 101 STAT. 1329–448
(2)in paragraph (2), by inserting “, or enter into sales agreements not providing for sales for foreign currencies for use under section 108,” after “currencies”. SEC. 9. TERMS AND CONDITIONS OF AGREEMENTS WITH FRIENDLY COUNTRIES AND ORGANIZATIONS. Section 103 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1703) is amended—
(1)by striking out “and” at the end of subsection (p);
(2)by striking out the period at the end of subsection
(q)and inserting in lieu thereof “; and”; and
(3)by adding at the end thereof the following: " “(r) give favorable consideration in the allocation of commodities under this title to countries promoting the private sector through the use of section 108.”. " SEC. 10. CRITERIA OF SELF-HELP MEASURES. The first sentence of section 109(a) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1709(a)) is amended—
(1)by striking out “and” at the end of paragraph (10);
(2)by striking out the period at the end of paragraph
(11)and inserting in lieu thereof “; and”; and
(3)by adding at the end thereof the following: " “(12) promoting the conservation and study of biological diversity.”. " SEC. 11. USE OF COOPERATIVES TO FURNISH COMMODITIES. The third sentence of section 202(a) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1722(a)) is amended by inserting “or cooperatives” after “voluntary agencies”. SEC. 12. NONEMERGENCY PROGRAMS UNDER TITLE II OF PUBLIC LAW 480. The first sentence of section 206 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1726) is amended by inserting after “extraordinary relief requirements,” the following: “or for nonemergency programs conducted by nonprofit voluntary agencies or cooperatives,”. SEC. 13. REPORTS ON SALES AND BARTER AND USE OF FOREIGN CURRENCY PROCEEDS. Section 206 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1726) (as amended by section 655 of this Act) is further amended—
(1)by inserting “(a)” after the section designation; and
(2)by adding at the end thereof the following: " “(b) Not later than February 15, 1988, and annually thereafter,President of U.S. the President shall report to Congress on sales and barter, and use of foreign currency proceeds, under this section and section 207 during the preceding fiscal year. Such report shall include information on— “(1) the quantity of commodities furnished for such sale or barter; “(2) the amount of funds (including dollar equivalents for foreign currencies) and value of services generated from such sales and barter in the preceding fiscal year; “(3) how such funds and services were used; 101 STAT. 1329–449 “(4) the amount of foreign currency proceeds that were used under agreements under this section and section 207 in the preceding fiscal year, and the percentage of the quantity of all commodities and products furnished under this section and section 207 in such fiscal year such use represented; “(5) the President’s best estimate of the amount of foreign currency proceeds that will be used, under agreements under this section and section 207, in the then current fiscal year and the next following fiscal year (if all requests for such use are agreed to), and the percentage that such estimated use represents of the quantity of all commodities and products that the President estimates will be furnished under this section and section 207 in each such fiscal year; “(6) the effectiveness of such sales, barter, and use during the preceding fiscal year in facilitating the distribution of commodities and products under this section and section 207; “(7) the extent to which such sales, barter, or uses— “(A) displace or interfere with commercial sales of United States agricultural commodities and products that otherwise would be made; “(B) affect usual marketings of the United States; “(C) disrupt world prices of agricultural commodities or normal patterns of trade with friendly countries; or “(D) discourage local production and marketing of agricultural commodities in the countries in which commodities and products are distributed under this title; and “(8) the President’s recommendations, if any, for changes to improve the conduct of sales, barter, or use activities under this section and section 207.”. " SEC. 14. USES OF FOREIGN CURRENCIES. Section 207 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1726a) is amended—
(1)in subsection (a), by inserting “or cooperative” after “agency”;
(2)in subsection (b), by striking out “5 percent” and inserting in lieu thereof “10 percent”; and
(3)by adding at the end the following: " “(c) Foreign currencies generated from any partial or full sales or barter of commodities by a nonprofit voluntary agency or cooperative shall be used— “(1) to transport, store, distribute, and otherwise enhance the effectiveness of the use of commodities and the products thereof donated under this title; and “(2) to implement income generating, community development, health, nutrition, cooperative development, agricultural programs, and other developmental activities.”. " SEC. 15. PERIODS FOR REVIEW AND COMMENT. Title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.) is amended by adding at the end thereof the following: " “SEC. 208. PERIODS FOR REVIEW AND COMMENT.[7 USC 1726b](/us/usc/t7/s1726b). “(a) Response.— If a proposal to make agricultural commodities available under this title is submitted by a nonprofit voluntary agency or cooperative with the concurrence of the appropriate 101 STAT. 1329–450United States Government field mission or if a proposal to make agricultural commodities available to a nonprofit voluntary agency or cooperative is submitted by the United States Government field mission, a decision on the proposal shall be provided within 45 days after receipt by the Agency for International Development office in Washington, D.C. The response shall detail the reasons for approval or denial of the proposal. If the proposal is denied, the response shall specify the conditions that would need to be met for the proposal to be approved. “(b) Notice and Comment.— Not later than 30 days before thePresident of U.S. issuance of a final guideline to carry out this title, the President shall— “(1) provide notice of the proposed guideline to nonprofit voluntary agencies and cooperatives that participate in programs under this title, and other interested persons, that the proposed guideline is available for review and comment; “(2) make the proposed guideline available, on request, to the agencies, cooperatives, and others; and “(3) take any comments received into consideration before the issuance of the final guideline. “(c) Deadline for Submission of Commodity Orders.— Not later than 15 days after receipt of a call forward from a field mission for commodities or products that meets the requirements of this title, the order for the purchase or the supply, from inventory, of such commodities or products shall be transmitted to the Commodity Credit Corporation.”. " Approved December 22, 1987. Certified April 20, 1988. Editorial note: This printed version of the original hand enrollment is published pursuant to section 101(n)(4) of this law. The following memorandum for the Archivist of the United States was signed by the President on January 28, 1988, and was printed in the *Federal Register* on February 1, 1988: By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollment of H.J. Res. 395, Joint Resolution making further continuing appropriations for the fiscal year 1988 (Public Law 100–202), and H.R. 3545, the Omnibus Budget Reconciliation Act of 1987 (Public Law 100–203), are correct printings of the hand enrollments, which were approved on December 22, 1987, and if so to make on my behalf the certifications required by Section 101(n)(4) of H.J. Res. 395 and Section 8004(c) of H.R. 3545. Attached are the printed enrollments of H.J. Res. 395 and H.R. 3545, which were received at the White House on January 27, 1988. This memorandum shall be published in the *Federal Register.* The Archivist on April 20, 1988, certified this to be a correct printing of the hand enrollment of Public Law 100–202. LEGISLATIVE HISTORY—[H. J. Res. 395](/us/bill/100/hjres/395): HOUSE REPORTS: No. [100–415](/us/hrpt/100/415) (Comm. on Appropriations) and No. 100–498 (Comm. of Conference). SENATE REPORTS: No. [100–238](/us/srpt/100/238) (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 3, considered and passed House. Dec. 11, considered and passed Senate, amended. Dec. 21, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Dec. 22, Presidential remarks. Public Law 100–203: To provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for the fiscal year 1988. Public Law 203 Public Law 100–203 101 Stat. 1330 1987-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-06-16 100 1 public 101 STAT. 1330 *Note: For information on the printing of this law and a related Presidential memorandum, see the editorial note at the end. Public Law 100–203 100th Congress An Act To provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for the fiscal year 1988. Dec. 22, 1987 [[H.R. 3545](/us/bill/100/hr/3545)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Omnibus Budget Reconciliation Act of 1987. SECTION 1. SHORT TITLE.This Act may be cited as the “Omnibus Budget Reconciliation Act of 1987”. SEC. 2. TABLE OF CONTENTS. Title I— Agriculture and related programs. Title II— National Ekonomic Commission. Title III— Education programs. Title IV— Medicare, medicaid, and other health-related programs. Title V— Energy and environmental programs. Title VI— Civil service and postal service programs. Title VII— Veterans’ programs. Title VIII— Budget policy and fiscal procedures. Title IX— Income security and related programs. Title X— Revenues. TITLE I— AGRICULTURE AND RELATED PROGRAMS Agricultural Reconciliation Act of 1987. SEC. 1001. SHORT TITLE; TABLE OF CONTENTS
(a)Short Title.— [7 USC 1421 note](/us/usc/t7/s1421). This title may be cited as the “Agricultural Reconciliation Act of 1987”.
(b)Table of Contents.— The table of contents is as follows: TABLE OF CONTENTS Sec. 1001. Short title; table of contents. Subtitle A— Adjustments to Agricultural Commodity Programs Sec. 1101 Target price reductions. Sec. 1102. Loan rates. Sec. 1103. Feed grain diversion program. Sec. 1104. Price support reduction tor nontarget price commodities. Sec. 1105. Loan rate differentials. Sec. 1106. Storage cost adjustment. Sec. 1107. Acreage limitation program for oats. Sec. 1108. Producer reserve program. Sec. 1109. Yield adjustments. Sec. 1110. Advance payments. Sec. 1111. Advanced emergency compensation payments for wheat. Sec. 1112. Tobacco provisions. Sec. 1113. Haying and grazing. ENROLLMENT ERRATA Pursuant to the provisions of section 8004 of this Act (appearing on 101 Stat. 1330–282), changes made are indicated by footnote. 101 STAT. 1330–1 Subtitle B— Optional Acreage Diversion Sec. 1201. Wheat optional acreage diversion program. Sec. 1202. Feed grains optional acreage diversion program. Sec. 1203. Regulations. Subtitle C— Farm Program Payments Sec. 1301. Prevention of the creation of entities to qualify as separate persons. Sec. 1302. Payments limited to active farmers. Sec. 1303. Definition of person: eligible individuals and entities; restrictions applicable to cash-rent tenants. Sec. 1304. More effective and uniform application of payment limitations. Sec. 1305. Regulations; transition rules; equitable adjustments. Sec. 1306. Foreign persons made ineligible for program benefits. Sec. 1307. Honey loan limitation. Subtitle D— Prepayment of Rural Electrification Loans11Copy read “loans”. Chapter 1— Prepayment of Rural Electrification Loans Sec. 1401. Prepayment of loans. Sec. 1402. Use of funds. Sec. 1403. Cushion of credit payments program. Chapter 2— Rural Telephone Bank Borrowers Sec. 1411. Rural Telephone Bank interest rates and loan prepayments. Sec. 1412. Interest rate to be considered for purposes of assessing eligibility for loans. Sec. 1413. Establishment of reserve for losses due to interest rate fluctuations. Sec. 1414. Publication of Rural Telephone Bank policies and regulations. Subtitle E— Miscellaneous Sec. 1501. Marketing order penalties. Sec. 1502. Study of use of agricultural commodity futures and options markets. Sec. 1503. Authorization of appropriations for Philippine food aid initiative. Sec. 1504. Rural industrialization assistance. Sec. 1505. Plant variety protection fees. Sec. 1506. Annual appropriations to reimburse the Commodity Credit Corporation for net realized losses. Sec. 1507. Federal crop insurance. Sec. 1508. Ethanol usage. Sec. 1509. Demonstration of family independence program. Subtitle A— Adjustments to Agricultural Commodity Programs SEC. 1101. TARGET PRICE REDUCTIONS.
(a)Wheat.— Effective only for the 1988 and 1989 crops of wheat, section 107D(c)(1)(G) of the Agricultural Act of 1949 (7 U.S.C. 1445b–3(c)(1)(G)) is amended by striking out “$4.29 per bushel for the 1988 crop, $4.16 per bushel for the 1989 crop” and inserting in lieu thereof “$4.23 per bushel for the 1988 crop, $4.10 per bushel for the 1989 crop”.
(b)Feed Grains.— Effective only for the 1988 and 1989 crops of feed grains, section 105C(c)(1)(E) of such Act (7 U.S.C. 1444e(c)(1)(E)) is amended by striking out “$2.97 per bushel for the 1988 crop, $2.88 per bushel for the 1989 crop” and inserting in lieu thereof “$2.93 per bushel for the 1988 crop, $2.84 per bushel for the 1989 crop”.
(c)Cotton.— Effective only for the 1988 and 1989 crops of upland cotton, section 103A(c)(l)(D) of such Act (7 U.S.C. 1444–1(c)(1)(D)) is amended by striking out “$0.77 per pound for the 1988 crop, $0,745101 STAT. 1330–2 per pound for the 1989 crop” and inserting in lieu thereof “$0,759 per pound for the 1988 crop, $0,734 per pound for the 1989 crop”.
(d)Extra Long Staple Cotton.— Effective only for the 1988 and 1989 crops of extra long staple cotton, section 103(h)(8)(B) of such Act (7 U.S.C. 1444(h)(3)(B)) is amended—
(1)by striking out “The” and inserting in lieu thereof “Except as provided in clause (ii), the”; and
(2)by adding at the end thereof the following new clause: " “(ii) In the case of each of the 1988 and 1989 crops of extra long staple cotton, the established price for each such crop shall be 118.3 percent of the loan level determined for such crop under paragraph (2).”. "
(e)Rice.— Effective only for the 1988 and 1989 crops of rice, section 101 A(c)(l)(D) of such Act (7 U.S.C. 1441–l(c)(l)(D)) is amended by striking out “$11.30 per hundredweight for the 1988 crop, $10.95 per hundredweight for the 1989 crop” and inserting in lieu thereof “$11.15 per hundredweight for the 1988 crop, $10.80 per hundredweight for the 1989 crop”. SEC. 1102. LOAN RATES.
(a)Wheat.— Effective only for the 1988 through 1990 crops of wheat, section 107D(a)(3)(B) of the Agricultural Act of 1949 (7 U.S.C. 1445b–3(a)(3)(B)) is amended by striking out “not be reduced by more than 5 percent from the level determined for the preceding crop.” and inserting in lieu thereof the following: “not be reduced by more than— " “(i) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; “(ii) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; “(iii) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary, after taking into account any reduction that is provided for under paragraph (4)(A)(ii), determines that such additional percentage reduction is necessary to maintain a competitive market position for wheat; and “(iv) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop.”. "
(b)Feed Grains.— Effective only for the 1988 through 1990 crops of feed grains, section 105C(a)(2)(B) of such Act (7 U.S.C. 1444e(a)(2)(B)) is amended by striking out “not be reduced by more than 5 percent from the level determined for the preceding crop.” and inserting in lieu thereof the following: “not be reduced by more than— " “(i) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; “(ii) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; “(iii) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary, after taking into account any reduction that is provided for under paragraph (3)(A)(ii), determines that such additional percentage reduction is necessary to mountain a competitive market position for feed grains; and 101 STAT. 1330–3 “(iv) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop.”. "
(c)Cotton.— Effective only for the 1988 through 1990 crops of upland cotton, subparagraph
(A)of section 103A(a)(2) of such Act (7 U.S.C. 1444–1(a)(2)(A)) is amended to read as follows: " “(A) The loan level for any crop determined under paragraph (1)(B) may not be reduced below 50 cents per pound nor more than— “(i) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; “(ii) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; “(iii) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary determines that such additional percentage reduction is necessary to maintain a competitive market position for upland cotton; and “(iv) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop.”. "
(d)Rice.— Effective only for the 1988 through 1990 crops of rice, paragraph
(2)of section 101A(a) of such Act (7 U.S.C. 1441–l(a)(2)) is amended to read as follows: " “(2) The loan level for any crop determined under paragraph (1)(B) may not be reduced by more than— “(A) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; “(B) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; “(C) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary determines that such additional percentage reduction is necessary to maintain a competitive market position for rice; and “(D) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop,”. " SEC. 1103. FEED GRAIN DIVERSION PROGRAM Effective only for the 1988 and 1989 crops of feed grains, section 105C(f)(5) of the Agricultural Act of 1949 (7 U.S.C. 1444e(f)(5)) is amended by adding at the end thereof the following new subparagraph: " “(D)
(i)In the case of the 1988 and 1989 crops of corn, grain sorghums, and barley, except as provided in clause (ii), the Secretary shall make land diversion payments to producers of corn, grain sorghums, and barley, in accordance with this paragraph, under which the required reduction in the crop acreage base shall be 10 percent and the diversion payment rate shall be $1.75 per bushel for corn. The Secretary shall establish the diversion payment rate for grain sorghums and barley at such level as the Secretary determines is fair and reasonable in relation to the rate established for corn. “(ii) In the case of the 1989 crop of corn, grain sorghums, or barley, the Secretary may waive the application of clause
(i)if the Secretary determines that it is necessary to maintain an adequate supply of corn, green sorghums, or barley.”. " 101 STAT. 1330–4 SEC. 1104. PRICE SUPPORT REDUCTION FOR NONTARGET PRICE COMMODITIES.
(a)Tobacco.— Effective only for the 1988 and 1989 crops of tobacco, section 106(f) of the Agricultural Act of 1949 (7 U.S.C. 1445(f)) is amended by adding at the end thereof the following new paragraph: " “(8)
(A)Notwithstanding any other provision of this subsection, in the case of each of the 1988 and 1989 crops of any kind of tobacco, the Secretary shall reduce the support level for such crop by an amount equal to 1.4 percent of the level otherwise established under this subsection. Any such reduction shall not be taken into consideration in determining the support level for a subsequent crop of tobacco. “(B) In lieu of making any such reduction, the Secretary may impose assessments on the producers and purchasers in an amount sufficient to realize a reduction in outlays equal to the amount that would have been achieved as a result of the reduction required under subparagraph (A). Such assessments shall not apply to purchasers if it is judicially determined that the imposition of the purchaser assessment will adversely affect the contracts entered into under section 1109 of the Consolidated Omnibus Budget Reconciliation Act of 1986 (7 U.S.C. 1445–3).”. "
(b)Peanuts.— Effective only for the 1988 and 1989 crops of peanuts, section 108B of such Act (7 U.S.C. 1445c–2) is amended by adding at the end thereof the following new paragraph: " “(6) Notwithstanding any other provision of this section, in the case of each of the 1988 and 1989 crops of peanuts, the Secretary shall reduce outlays under the program provided for under this subsection by an amount equal to 1.4 percent of the amount of outlays that would otherwise be incurred in the absence of the reduction required by this paragraph.”. "
(c)Honey.— Effective only for the 1987 through 1990 crops of honey, section 201(b)(l) of such Act (7 U.S.C. 14460(b)(1)) is amended by adding at the end thereof the following new subparagraph: " “(D) Notwithstanding the foregoing provisions of this paragraph, effective for each of the 1987 through 1990 crops, the loan and purchase level for honey that would otherwise apply under subparagraphs
(B)and (C), without regard to this subparagraph, shall be reduced for loans and purchases made after the date of the enactment of this subparagraph by 2 cents per pound for the 1987 crop, ¾ cents per pound for the 1988 crop, ½ cent per pound for the 1989 crop, and ¼ cent per pound for the 1990 crop.”. "
(d)Milk.— Section 201(d)(2) of such Act (7 U.S.C. 1446(d)) is amended—
(1)in subparagraph (C), by striking out “subparagraph (A)” and inserting in lieu thereof “this paragraph”; and
(2)by adding at the end thereof the following new subparagraph: " “(F) During calendar year 1988, the Secretary shall provide for a reduction of 2½ cents per hundredweight to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use.”. "
(e)Sugar.— Section 201(j) of such Act (7 U.S.C. 1446(j)) is amended by adding at the end thereof the following new paragraph: 101 STAT. 1330–5 " “(7) Notwithstanding any other provision of this section, in the case of each of the 1988 and 1989 crops of sugar beets and sugarcane, the Secretary shall reduce outlays under the program provided for under this subsection by an amount equal to 1.4 percent of the amount of outlays that would otherwise be incurred in the absence of the reduction required by this paragraph.”. "
(f)Wool and Mohair.— Section 703(b) of the National Wool Act of 1954 (7 U.S.C. 1782) is amended—
(1)by striking out “The” and inserting in lieu thereof “(1) Except as provided in paragraphs
(2)and (3), the”;
(2)by striking out “: *Provided*,” and all that follows through the period and inserting in lieu thereof a period; and
(3)by adding at the end thereof the following new paragraphs: " “(2) Except as provided in paragraph (3), for the marketing years beginning January 1, 1982, and ending December 31, 1990, the support price for shorn wool shall be 77.5 percent (rounded to the nearest full cent) of the amount calculated according to paragraph (1). “(3) For the marketing years beginning January 1, 1988, and ending December 31, 1989, the support price for shorn wool shall be 76.4 percent (rounded to the nearest full cent) of the amount calculated according to paragraph (1).”. " SEC. 1106. STORAGE COST ADJUSTMENT. [15 USC 714b note](/us/usc/t15/s714b). For the fiscal years 1988 and 1989, the Secretary of Agriculture shall ensure that expenditures of the Commodity Credit Corporation for commercial storage, transportation, and handling of commodities owned by the Corporation (excluding storage payments made in accordance with section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e)) are reduced by $230,000,000 in such fiscal years from the amount of funds otherwise projected to be expended in fiscal years 1988 and 1989 under the budget base determined under section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901) for commercial storage, transportation, and handling of such commodities. In order to achieve the savings required by this section, the Secretary shall adjust storage, handling, or transportation expenditures paid by the Corporation or take other appropriate actions. SEC. 1107. ACREAGE LIMITATION PROGRAM FOR OATS. Effective only for the 1988 through 1990 crops of feed grains, section 105C(f)(2) of the Agricultural Act of 1949 (7 U.S.C. 1444e(f)(2)) is amended by adding at the end thereof the following new subparagraph: 101 STAT. 1330–6 " “(G) In the case of the 1988 through 1990 crops of oats, the Secretary shall not establish a percentage reduction in accordance with paragraph
(1)in excess of 5 percent. In implementing thisRegulations. subparagraph, the Secretary shall issue regulations that provide for the fair and equitable treatment of producers on a farm for which an oat and barley crop acreage base has been established. To ensure the efficient and fair implementation of this subparagraph, the Secretary shall announce revisions of the acreage limitation program for the 1988 crop of feed grains that implement this subparagraph as soon as practicable after the date of enactment of the Agricultural Reconciliation Act of 1987. In the case of the 1990 crop of oats, the Secretary may waive the application of this subparagraph if the Secretary determines that the supply of oats will be excessive.”. " SEC. 1108. PRODUCER RESERVE PROGRAM. Subparagraph
(A)of the fourth sentence of section 110(b) of the Agricultural Act of 1949 (7 U.S.C. 1445e(b)) is amended—
(1)in clause (i), by striking out “17 percent of the estimated total domestic and export usage of wheat during the then current marketing year for wheat, as determined by the Secretary” and inserting in lieu thereof “300 million bushels”; and
(2)in clause (ii), by striking out “7 percent of the estimated total domestic and export usage of feed grains during the then current marketing year for feed grains, as determined by the Secretary” and inserting in lieu thereof “450 million bushels”. SEC. 1109. YIELD ADJUSTMENTS. Effective only for the 1988 through 1990 crops of wheat, feed grains, upland cotton, and rice, section 506(b)(2) of the Agricultural Act of 1949 (7 U.S.C. 1466(b)(2)) is amended by adding at the end thereof the following new subparagraph: " “(C) In the case of each of the 1988 through 1990 crop years for a commodity, if the farm program payment yield for a farm is reduced more than 10 percent below the farm program payment yield for the 1985 crop year, the Secretary shall make available to producers established price payments for the commodity in such amount as the Secretary determines is necessary to provide the same total return to producers as if the farm program payment yield had not been reduced more than 10 percent below the farm program payment yield for the 1985 crop year. Such payments shall be made available to producers at the time final deficiency payments are made available.”. " SEC. 1110. ADVANCE PAYMENTS. Effective only for the 1988 through 1990 crops of wheat, feed grains, upland cotton, and rice, section 107C(a) of the Agricultural Act of 1949 (7 U.S.C. 1445b–2(a)) is amended—
(1)by striking out paragraph
(1)and inserting in lieu thereof the following new paragraph: " “(1) If the Secretary establishes an acreage limitation or set-aside program for any of the 1988 through 1990 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for such commodity for such crop, the Secretary shall make advance deficiency payments available to producers for each of such crops.”; and " 101 STAT. 1330–7
(2)in paragraph (2)(F), by striking out clause
(iii)and inserting in lieu thereof the following new clause: " “(iii)
(I)in the case of wheat and feed grains, not less than 40 percent, nor more than 50 percent, of the projected payment rate; and “(II) in the case of rice and upland cotton, not less than 30 percent, nor more than 50 percent, of the projected payment rate,”. " SEC. 1111. ADVANCED EMERGENCY COMPENSATION PAYMENTS FOR WHEAT. Effective only for the 1987 through 1990 crops of wheat, section 107D(c)(1)(E) of the Agricultural Act of 1949 (7 U.S.C. 1445b–3(c)(1)(E)) is amended by adding at the end thereof the following new clauses: " “(iii) Notwithstanding any other provision of this Act, in the case of each of the 1987 through 1990 crops of wheat, the Secretary shall— “(I) by December 1 of each of the marketing years for such crops (or, in the case of the 1987 crop, as soon as practicable after the date of enactment of the Agricultural Reconciliation Act of 1987), estimate the national weighted average market price, per bushel of wheat, received by producers during such marketing year; “(II) by December 15 of such marketing year (or, in the case of the 1987 crop, as soon as practicable, but not later than 75 days, after the date of enactment of such Act), use the estimate to make available to producers who have elected the payment option authorized by this clause not less than 75 percent of the increase in established price payments estimated to be payable with respect to such crop under this subparagraph; and “(III) adjust the amount of each final established price payment for wheat to reflect any difference between the amount of any estimated payment made under this clause and the amount of actual payment due under this subparagraph, “(iv) Producers shall elect the payment option authorized by clause (iii)— “(I) in the case of the 1987 crop of wheat, not later than 45 days after the date of the enactment of this clause; and “(II) in the case of each of the 1988 through 1990 crops ofContracts. wheat, at the time of entering into a contract to participate in the program established by this section for the crop.”. " SEC. 1112. TOBACCO PROVISIONS.
(a)Transfer Authority.— Section 316 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 316(h)) is amended by adding at the end[7 USC 1314b](/us/usc/t7/s1314b). thereof the following new subsection: " “(h)
(1)Notwithstanding any other provision of this section, the Secretary may permit, after June 30 of any crop year, the lease and transfer of flue-cured tobacco quota assigned to a farm if— “(A) the planted acreage of flue-cured tobacco on the farm to which the quota is assigned is determined by the Secretary to be equal to or greater than 90 percent of the farm’s acreage allotment, or the planted acreage is determined to be sufficient to produce the farm marketing quota under average conditions; and 101 STAT. 1330–8 “(B) the farm’s expected production of flue-cured tobacco is less than 80 percent of the farm’s effective marketing quota as a result of a natural disaster condition. “(2) Any lease and transfer of quota under this paragraph may be made to any other farm within the same State in accordance with regulations issued by the Secretary.”. "
(b)Periodic Adjustment of Yield Factor for22Copy read “For”. Flue-Cured Tobacco Acreage-Poundage Quotas.— Section 317(a) of such Act (7 U.S.C. 1314c(a)) is amended by striking out “and at five year intervals thereafter” each place it appears in paragraphs (2), (4), and (6)(A).
(c)Improved Tobacco Field Measurement.— It is the sense of Congress that the Secretary of Agriculture should review current compliance procedures for acreage or poundage quotas with respect to cigar and dark-air and fire-cured tobaccos under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine means of improving such procedures. The Secretary shall recommend to Congress changes in existing law that would be necessary to implement any such improvements. SEC. 1113. HAYING AND GRAZING.
(a)Wheat.— Effective only for the 1988 through 1990 crops of wheat, section 107D of the Agricultural Act of 1949 (7 U.S.C. 1445b–3) is amended—
(1)in subsection (c)(1)(K)—
(A)in clause (i)—
(i)by striking out “(i)”; and
(ii)by redesignating subclauses
(I)and
(II)as clauses
(i)and (ii), respectively; and
(B)by striking out clause (ii);
(2)in subsection (f)(4)—
(A)in subparagraph (B)—
(i)by striking out “Subject to subparagraph (C), the” and inserting in lieu thereof “The”; and
(ii)by striking out “hay and grazing,”; and
(B)by striking out subparagraph
(C)and inserting in lieu thereof the following new subparagraph: " “(C)
(i)Except as provided in clauses
(ii)and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(1)(C)), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State. Such 5- month period shall be established during the period beginning April 1, and ending October 31, of a year. “(ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. “(iii) Haying and grazing shall not be permitted for any crop under clause
(i)if the Secretary determines that haying and grazing would have an adverse economic effect.”. " 101 STAT. 1330–9
(b)Feed Grains.— Effective only for the 1988 through 1990 crops of feed grains, section 105C of such Act (7 U.S.C. 1445b–3) is[7 USC 1444e](/us/usc/t7/s1444e). amended—
(1)in subsection (c)(1)(I)—
(A)in clause (i)—
(i)by striking out “(i)”; and
(ii)by redesignating subclauses
(I)and
(II)as clauses
(i)and (ii), respectively; and
(B)by striking out clause (ii);
(2)in subsection (f)(4)—
(A)in subparagraph (B)—
(i)by striking out “Subject to subparagraph (C), the” and inserting in lieu thereof “The”; and
(ii)by striking out hay and grazing, ; and
(B)by striking out subparagraph
(C)and inserting in lieu thereof the following new subparagraph: " “(C)
(i)Except as provided in clauses
(ii)and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(1)(B)), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State. Such 5-month period shall be established during the period beginning April 1, and ending October 31, of a year. “(ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. “(iii) Haying and grazing shall not be permitted for any crop under clause
(i)if the Secretary determines that haying and grazing would have an adverse economic effect.”. "
(c)Cotton.— Effective only for the 1988 through 1990 crops of upland cotton, section 103A of such Act (7 U.S.C. 1444–1) is amended—
(1)in subsection (c)(1)(G)—
(A)in clause (i)—
(i)by striking out “(i)”; and
(ii)by redesignating subclauses
(I)and
(II)sis clauses
(i)and (ii), respectively; and
(B)by striking out clause (ii);
(2)in subsection (f)(3)—
(A)in subparagraph (B)—
(i)by striking out “Subject to subparagraph (C), the” and inserting in lieu thereof “The”; and
(ii)by striking out “hay and grazing,”; and " “(C)
(i)Except as provided in clauses
(ii)and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(1)(C)), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-101 STAT. 1330–10month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State. Such 5-month period shall be established during the period beginning April 1, and ending October 31, of a year. “(ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. “(iii) Haying and grazing shall not be permitted for any crop under clause
(i)if the Secretary determines that haying and grazing would have an adverse economic effect.”. "
(d)Rice.— Effective only for the 1988 through 1990 crops of rice, section 101A of such Act (7 U.S.C. 1441–1) is amended—
(1)in subsection (c)(1)(G)—
(A)in clause (i)—
(i)by striking out “(i)”; and
(ii)by redesignating subclauses
(I)and
(II)as clauses
(i)and (ii), respectively; and
(B)by striking out clause (ii);
(2)in subsection (f)(3)—
(A)in subparagraph (B)—
(i)by striking out “Subject to subparagraph (C), the” and inserting in lieu thereof “The”; and
(ii)by striking out “hay and grazing,”; and
(B)by striking out subparagraph
(C)and inserting in lieu thereof the following new subparagraph: " “(C)
(i)Except as provided in clauses
(ii)and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(1)(B)), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State. Such 5-month period shall be established during the period beginning April 1, and ending October 31, of a year. “(ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. “(iii) Haying and grazing shall not be permitted for any crop under clause
(i)if the Secretary determines that haying and grazing would have an adverse economic effect.”. " Subtitle B— Optional Acreage Diversion SEC. 1201. WHEAT OPTIONAL ACREAGE DIVERSION PROGRAM. Effective only for the 1988 through 1990 crops of wheat, section 107D(c)(1)(C) of the Agricultural Act of 1949 (7 U.S.C. 1445b–3(c)(1)(C)) is amended—
(1)in clause (i)(II), by striking out “, subject to the compliance of the producers with clause (ii)”;
(2)by striking out clauses
(ii)and
(iii)and inserting in lieu thereof the following new clauses: " “(ii) Notwithstanding any other provision of this section, any producer who elects to devote all or a portion of the permitted wheat acreage of the farm to conservation uses (or other uses as provided in subparagraph (K)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to wheat and eligible for payments under this subparagraph for such crop at a per-bushel rate established by the Secretary, except that101 STAT. 1330–11 such rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which wheat producers may agree to participate in the program for such crop. “(iii) The Secretary shall implement this subparagraph in such a manner as to minimize the adverse effect on agribusiness and other agriculturally related economic interests within any county, State, or region. In carrying out this subparagraph, the Secretary is authorized to restrict the total amount of wheat acreage that may be taken out of production under this subparagraph, taking into consideration the total amount of wheat acreage that has or will be removed from production under other price support, production adjustment, or conservation program activities. No restrictions on the amount of acreage that may be taken out of production in accordance with this subparagraph in a crop year shall be imposed in the case of a county in which producers were eligible to receive disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a result of a disaster that occurred during such crop year.”; and "
(3)in clause (iv)—
(A)by inserting “(or all)” after “such portion”; and
(B)by inserting “under this subparagraph” after “subparagraph (K))”. SEC. 1202. FEED GRAINS OPTIONAL ACREAGE DIVERSION PROGRAM. Effective only for the 1988 through 1990 crops of feed grains, section 105C(c)(1)(B) of the Agricultural Act of 1949 (7 U.S.C. 1444e(c)(1)(B)) is amended—
(1)in clause (i)(II), by striking out “, subject to the compliance of the producers with clause (ii)”;
(2)by striking out clauses
(ii)and
(iii)and inserting in lieu thereof the following new clauses: " “(ii) Notwithstanding any other provision of this section, any producer who elects to devote all or a portion of the permitted feed green acreage of the farm to conservation uses (or other uses as provided in subparagraph (I)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to feed grains and eligible for pa3anents under this subparagraph for such crop at a per-bushel rate established by the Secretary, except that such rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which feed grain producers may agree to participate in the program for such crop. “(iii) The Secretary shall implement this subparagraph in such a manner as to minimize the adverse effect on agribusiness and other agriculturally related economic interests within any county. State, or region. In carrying out this subparagraph, the Secretary is authorized to restrict the total amount of feed grain acreage that may be taken out of production under this subparagraph, taking into consideration the total amount of feed grain acreage that has or will be removed from production under other price support, production adjustment, or conservation program activities. No restrictions on the amount of acreage that may be taken out of production in accordance with this subparagraph in a crop year shall be imposed in the case of a county in which producers were eligible to receive101 STAT. 1330–12 disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a result of a disaster that occurred during such crop year.”; and "
(3)in clause (iv)—
(A)by inserting “(or all)” after “such portion”; and
(B)by inserting “under this subparagraph” after “subparagraph (I))”. SEC. 1203. REGULATIONS. [7 USC 1444e note](/us/usc/t7/s1444e).
(a)In General.— Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations implementing the amendments made to sections 107D(c)(1)(C) and 105C(c)(1)(B) of the Agricultural Act of 1949 (7 U.S.C. 1445b–3(c)(1)(C) and 1444e(c)(1)(B)) by sections 1201 and 1202, respectively.
(b)Nonreduction of Bases and Yields.— Such regulations shall include provisions that ensure that the wheat or feed grain crop acreage base and farm program payment yield for any farm will not be reduced if the producers on the farm set aside from production all, or a portion, of the producer’s permitted acreage under the acreage diversion program under section 107D(c)(l)(C) or 105C(c)(1)(B) as amended by section 1201 or 1202, respectively.
(c)Effect on Landlord-Tenant Relations.— Such regulations shall ensure, to the maximum extent practicable, that the programs authorized under this subtitle will not adversely affect the relationships between landlords and tenants, regarding any crop acreage base entered into such programs, in existence on the date of enactment of this Act. Subtitle C— Farm Program Payments SEC. 1301. PREVENTION OF THE CREATION OF ENTITIES TO QUALIFY AS SEPARATE PERSONS.
(a)In General.— Effective beginning with the 1989 crops, the Food Security Act of 1985 is amended—
(1)in section 1001(1) (7 U.S.C. 1308), by striking out “For each” and inserting in lieu thereof “Subject to sections 1001A through 1001C, for each”;
(2)in section 1001(2)—
(A)in subparagraph (A), by striking out “For each” and inserting in lieu thereof “Subject to sections 1001A through 1001C, for each”; and
(B)in subparagraph (C), by striking out “The total” and inserting in lieu thereof “Subject to sections 1001A through 1001C, the total”; and
(3)by inserting after section 1001 the following new section: “SEC. 1001A. PREVENTION OF CREATION OF ENTITIES TO QUALIFY AS SEPARATE PERSONS; PAYMENTS LIMITED TO ACTIVE FARMERS. [7 USC 1308–1](/us/usc/t7/s1308). “(a) Prevention of Creation of Entities to Qualify as Separate Persons.— For the purposes of preventing the use of multiple legal entities to avoid the effective application of the payment limitations under section 1001: " “(1) In general.— A person (as defined in section 1001(5)(B)(i)) that receives farm program payments (as described in paragraphs
(1)and
(2)of this section as being subject to limitation)101 STAT. 1330–13 for a crop year under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) may not also hold, directly or indirectly, substantial beneficial interests in more than two entities (as defined in section 1001(5)(B)(i)(II)) engaged in farm operations that also receive such payments as separate persons, for the purposes of the application of the limitations under section 1001. A person that does not receive such payments for a crop year may not hold, directly or indirectly, substantial beneficial interests in more than three entities that receive such payments as separate persons, for the purposes of the application of the limitations under section 1001. “(2) Minimal beneficial interests.— For the purpose of this subsection, a beneficial interest in any entity that is less than 10 percent of all beneficial interests in such entity combined shall not be considered a substantial beneficial interest, unless the Secretary determines, on a case-by-case basis, that a smaller percentage should apply to one or more beneficial interests to ensure that the purpose of this subsection is achieved. “(3) Notification by entities.— To facilitate administration of this subsection, each entity receiving such pa3mients as a separate person shall notify each individual or other entity that acquires or holds a substantial beneficial interest in it of the requirements and limitations under this subsection. Each such entity receiving pa3mients shall provide to the Secretary of Agriculture, at such times and in such manner as prescribed by the Secretary, the name and social security number of each individual, or the name and taxpayer identification number of each entity, that holds or acquires a substantial beneficial interest. “(4) Notification of interest.— “(A) In general.— If a person is notified that the person holds substantial beneficial interests in more than the number of entities receiving payments that is permitted under this subsection for the purposes of the application of the limitations under section 1001, the person immediately shall notify the Secretary, designating those entities that should be considered as permitted entities for the person for purposes of applying the limitations. Each remaining entity in which the person holds a substantial beneficial interest shall be subject to reductions in the payments to the entity subject to limitation under section 1001 in accordance with this subparagraph. Each such payment applicable to the entity shall be reduced by an amount that bears the same relation to the full payment that the person’s beneficial interest in the entity bears to all beneficial interests in the entity combined. Before making such reductions, the Secretary shall notify all individuals or entities affected thereby and permit them to adjust among themselves their interests in the designated entity or entities. “(B) Notice not provided.— If the person does not so notify the Secretary, all entities in which the person holds substantial beneficial interests shall be subject to reductions in the per person limitations under section 1001 in the manner described in subparagraph (A). Before making such reductions, the Secretary shall notify all individuals or entities affected thereby and permit them to adjust among101 STAT. 1330–14 themselves their interests in the designated entity or entities.”. " SEC. 1302. PAYMENTS LIMITED TO ACTIVE FARMERS. Effective beginning with the 1989 crops, section 1001A of the Food Security Act of 1985, as added by section 1301, is amended by adding at the end the following: " “(b) Payments Limited to Active Farmers.— “(1) In general.— To be separately eligible for farm program payments (as described in paragraphs
(1)and
(2)of section 1001 as being subject to limitation) under the Agricultural Act of 1949 with respect to a particular farming operation (whether in the person’s own right or as a partner in a general partnership, a grantor of a revocable trust, a participant in a joint venture, or a participant in a similar entity (as determined by the Secretary) that is the producer of the crops involved), a person must be an individual or entity described in section 1001(5)(B)(i) and actively engaged in farming with respect to such operation, as provided under paragraphs (2), (3), and (4). “(2) General classes actively engaged in farming.33Copy read “Classes Actively Engaged In Farming”.— For the purposes of paragraph (1), except as otherwise provided in paragraph (3): “(A) Individuals.— An individual shall be considered to be actively engaged in farming with respect to a farm operation if— “(i) the individual makes a significant contribution (based on the total value of the farming operation) of— “(I) capital, equipment, or land; and “(II) personal labor or active personal management; to the farming operation; and “(ii) the individual’s share of the profits or losses from the farming operation is commensurate with the individual’s contributions to the operation; and “(iii) the individual’s contributions are at risk. “(B) Corporations or other entities.— A corporation or other entity described in section 1001(5)(B)(i)(II) shall be considered as actively engaged in farming with respect to a farming operation if—
(i)the entity separately makes a significant contribution (based on the total value of the farming operation) of capital, equipment, or land; “(ii) the stockholders or members collectively make a significant contribution of personal labor or active personal management to the operation; and “(iii) the standards provided in clauses
(ii)and
(iii)of paragraph (A), as applied to the entity, are met by the entity. “(C) Entities making significant contributions.— If a general partnership, joint venture, or similar entity (as determined by the Secretary) separately makes a significant contribution (based on the total value of the farming operation involved) of capital, equipment, or land, and the standards provided in clauses
(ii)and
(iii)of paragraph (A), as applied to the entity, are met by the entity, the partners101 STAT. 1330–15 or members making a significant contribution of personal labor or active personal management shall be considered to be actively engaged in farming with respect to the farming operation involved. “(D) Equipment and personal labor.— In making determinations under this subsection regarding equipment and personal labor, the Secretary shall take into consideration the equipment and personal labor normally and customarily provided by farm operators in the area involved to produce program crops. "(3) Special classes actively engaged in farming.— Notwithstanding paragraph (2), the following persons shall be considered to be actively engaged in farming with respect to a farm operation: “(A) Landowners.— A person that is a landowner contributing the owned land to the farming operation if the landowner receives rent or income for such use of the land based on the land’s production or the operation’s operating results, and the person meets the standard provided in clauses
(ii)and
(iii)of paragraph (2)(A). “(B) Family members.— With respect to a farming operation conducted by persons, a majority of whom are individuals who are family members, an adult family member who makes a significant contribution (based on the total value of the farming operation) of active personal management or personal labor and, with respect to such contribution, who meets the standards provided in clauses
(ii)and
(iii)of paragraph (2)(A). For the purposes of the preceding sentence, the term ‘family member’ means an individual to whom another family member in the farming operation is related as lineal ancestor, lineal descendant, or sibling (including the spouses of those family members who do not make a significant contribution themselves). “(C) Sharecroppers.— A sharecropper who makes a significant contribution of personal labor to the farming operation and, with respect to such contribution, who meets the standards provided in clauses
(ii)and
(iii)of paragraph (2)(A). “(4) Persons not actively engaged in farming.— For the purposes of paragraph (1), except as provided in paragraph (3), the following persons shall not be considered to be actively engaged in farming with respect to a farm operation: “(A) Landlords.— A landlord contributing land to the farming operation if the landlord receives cash rent, or a crop share guaranteed as to the amount of the commodity to be paid in rent, for such use of the land. “(B) Other persons.— Any other person, or class of persons, determined by the Secretary as failing to meet the standards set out in paragraphs
(2)and (3). “(5) Custom farming services.— A person receiving custom farming services will be considered separately eligible for payment limitation purposes if such person is actively engaged in farming based on paragraphs
(1)through (3). No other rules with respect to custom farming shall apply.”. " 101 STAT. 1330–16 SEC. 1303. DEFINITION OF PERSON: ELIGIBLE INDIVIDUALS AND ENTITIES; RESTRICTIONS APPLICABLE TO CASH-RENT TENANTS. Effective beginning with the 1989 crops:[7 USC 1308 note](/us/usc/t7/s1308).
(a)In General.— Section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 1308(5)) is amended—
(1)by inserting after the first sentence of subparagraph
(A)the following new sentence: “Such regulations shall incorporateRegulations. the provisions in subparagraphs
(B)through
(E)of this paragraph, paragraphs
(6)and (7), and sections 1001A through 1001C”;
(2)by striking out the second sentence of subparagraph
(A)and inserting in lieu thereof the following new subparagraph: " “(B)
(i)For the purposes of the regulations issued under subparagraph (A), subject to clause (ii), the term ‘person’ means— “(I) an individual, including any individual participating in a farming operation as a partner in a general partnership, a participant in a joint venture, a grantor of a revocable trust, or a participant in a similar entity (as determined by the Secretary); “(II) a corporation, joint stock company, association, limited partnership, charitable organization, or other similar entity (as determined by the Secretary), including any such entity or organization participating in the farming operation as a partner in a general partnership, a participant in a joint venture, a grantor of a revocable trust, or as a participant in a similar entity (as determined by the Secretary); and “(III) a State, political subdivision, or agency thereof. “(ii)
(I)Such regulations shall provide that the term ‘person’ does not include any cooperative association of producers that markets commodities for producers with respect to the commodities so marketed for producers. “(II) In defining the term ‘person’ as it will apply to irrevocable trusts and estates, the Secretary shall ensure that fair and equitable treatment is given to trusts and estates and the beneficiaries thereof. “(iii) Such regulations shall provide that, with respect to any married couple, the husband and wife shall be considered to be one person, except that any married couple consisting of spouses who, prior to their marriage, were separately engaged in unrelated farming operations, each spouse shall be treated as a separate person with respect to the farming operation brought into the marriage by such spouse so long as such operation remains as a separate farming operation, for the purposes of the application of the limitations under this section.”; "
(3)by redesignating subparagraph
(B)as subparagraph (C); and
(4)by adding at the end thereof the following new subparagraphs: " “(D) Any person that conducts a farming operation to produce a crop subject to limitations under this section as a tenant that rents the land for cash (or a crop share guaranteed as to the amount of the commodity to be paid in rent) and that makes a significant contribution of active personal management but not of personal labor shall be considered the same person as the landlord unless the tenant makes a significant contribution of equipment used in the farming operation. 101 STAT. 1330–17 “(E) The Secretary may not approve (for purposes of the application of the limitations under this section) any change in a farming operation that otherwise will increase the number of persons to which the limitations under this section are applied unless the Secretary determines that the change is bona fide and substantive. In the implementation of the preceding sentence, the addition of a family member to a farming operation under the criteria set out in section 1001A(b)(1)(B) shall be considered a bona fide and substantive change in the farming operation.”. "
(b)Lands Owned by States, Political Subdivisions, and Public Schools.— Paragraph
(6)of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308(6)) is amended to read as follows: " “(6) The provisions of this section that limit payments to any person shall not be applicable to land owned by a public school district or land owned by a State that is used to maintain a public school.”. " SEC. 1304. MORE EFFECTIVE AND UNIFORM APPLICATION OF PAYMENT LIMITATIONS
(a)Education Program. [7 USC 1308 note](/us/usc/t7/s1308).
(1)In general.— The Secretary of Agriculture shall implement a payment provisions education program for appropriate personnel of the Department of Agriculture and members and other personnel of local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), for the purpose of fostering more effective and uniform application of the payment limitations and restrictions under sections 1001 through 1001C of the Food Security Act of 1985.
(2)Training.— The education program shall provide training to such personnel in the fair, accurate, and uniform application to individual farming operations of the provisions of law and regulation relating to the payment provisions of sections 1001 through 1001C of the Food Security Act of 1985. Particular emphasis shall be given to the changes in the law made by sections 1301,1302, and 1303 of this Act.
(3)Implementation.— The education program shall be fully implemented, and the training completed, not later than 30 days after the date final regulations are issued to carry out the amendments made by this subtitle.
(4)Commodity credit corporation.— The Secretary shall carry out the program provided under this subsection through the Commodity Credit Corporation.
(b)Schemes or Devices.— Effective beginning with the 1989 crops, the Food Security Act of 1985 is amended by inserting after section 1001A, as added by sections 1301 and 1302 of this Act, the following new section: " “SEC. 1001B. SCHEMES OR DEVICES. [7 USC 1308–2](/us/usc/t7/s1308–2). “If the Secretary of Agriculture determines that any person has adopted a scheme or device to evade, or that has the purpose of evading, section 1001, 1001A, or 1001C, such person shall be ineligible to receive farm program pa3mients (as described in paragraphs
(1)and
(2)of section 1001 as being subject to limitation) applicable to the crop year for which such scheme or device was adopted and the succeeding crop year.”. " 101 STAT. 1330–18 SEC. 1305. REGULATIONS: TRANSITION RULES; EQUITABLE ADJUSTMENTS.
(a)Regulations.— [7 USC 1308 note](/us/usc/t7/s1308).
(1)Issuance.— The Secretary of Agriculture shall issue—
(A)proposed regulations to carry out the amendments made by this subtitle not later than April 1, 1988; and
(B)final regulations to carry out such amendments not later than August 1, 1988.
(2)Field instructions.— Any field instructions relating to, or other supplemental clarifications of, the regulations issued under sections 1001 through 1001C of the Food Security Act of 1985 shall not be used in resolving issues involved in the application of the payment limitations or restrictions under such sections or regulations to individuals, other entities, or farming operations until copies of the publication are made available to the public.
(b)Allowance for Equitable Reorganizations— To allow for the equitable reorganization of farming operations to conform to the limitations and restrictions contained in the amendments made to the Food Security Act of 1985 by this subtitle in cases in which the application of such limitations and restrictions will reduce payments to the farming operation (as determined by the Secretary), the Secretary may waive the application of the substantive change rule under section 1001(5)(E), as added by section 1303 of this Act, or any regulation of the Secretary containing a comparable rule, to any reorganization applied for prior to the final date when producers are eligible to enter into contracts to participate in the commodity programs established for the 1989 crop year, to the extent the Secretary determines appropriate to facilitate any such equitable reorganizations that does not increase such payments.
(c)Good Faith Reliance on Official Advice.— Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by adding at the end thereof the following new paragraph: " “(7) Regulations of the Secretary shall establish time limits for the various steps involved with notice, hearing, decision, and the appeals procedure in order to ensure expeditious handling and settlement of payment limitation disputes. Notwithstanding any other provision of law, actions taken by an individual or other entity in good faith on action or advice of an authorized representative of the Secretary may be accepted as meeting the requirement under this section or section 1001A, to the extent the Secretary deems it desirable in order to provide fair and equitable treatment.”. "
(d)Conservation Reserve Application.— Notwithstanding sectionContracts.7 USC 1308 note. 1234(f)(2) of the Food Security Act of 1985 (16 U.S.C. 3834(f)), paragraphs
(5)through
(7)of section 1001, as amended by this subtitle, and sections 1001A through 1001C, of the Food Security Act of 1985 shall apply to the conservation reserve program under subtitle D of title XII of such Act (16 U.S.C. 3831 et seq.) with respect to rental payments to persons under contracts entered into after the date of the enactment of this Act, except with respect to landlords that receive cash rent, or a crop share guaranteed as to the amount of the commodity to be paid in rent, for the use of the land. 101 STAT. 1330–19 SEC 1306. FOREIGN PERSONS MADE INELIGIBLE FOR PROGRAM BENEFITS. Effective beginning with the 1989 crops, the Food Security Act of 1985 is amended by inserting after section 1001B, as added by section 1304 of this Act, the following new section: " “SEC. 1001C. FOREIGN PERSONS MADE INELIGIBLE FOR PROGRAM BENEFITS. [7 USC 1308–3](/us/usc/t7/s1308–3). “Notwithstanding any other provision of law: “(a) In General.— For each of the 1989 and 1990 crops, any person who is not a citizen of the United States or an alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall be ineligible to receive any type of production adjustment payments, price support program loans, payments, or benefits made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) with respect to any commodity produced, or land set aside from production, on a farm that is owned or operated by such person, unless such person is an individual who is providing land, capital, and a substantial amount of personal labor in the production of crops on such farm. “(b) Corporations or Other Entities.— For purposes of subsection (a), a corporation or other entity shall be considered a person that is ineligible for production adjustment payments, price support program loans, payments, or benefits if more than 10 percent of the beneficial ownership of the entity is held by persons who are not citizens of the United States or aliens lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act, unless such persons provide a substantial amount of personal labor in the production of crops on such farm. Notwithstanding the foregoing provisions of this subsection, with respect to an entity that is determined to be ineligible to receive such payments, loans, or other benefits, the Secretary may make payments, loans, and other benefits in an amount determined by the Secretary to be representative of the percentage interests of the entity that is owned by citizens of the United States and aliens lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act. “(c) Prospective Application.— No person shall become ineligibleContracts. under this section for production adjustment pa3anents, price support program loans, payments or benefits as the result of the production of a crop of an agricultural commodity planted, or commodity program or conservation reserve contract entered into, before the date of the enactment of this section.”. " SEC. 1307. HONEY LOAN LIMITATION. Section 1001(2)(C) of the Food Security Act of 1985 (7 U.S.C. 1308(2)(C)) is amended—
(1)by striking out clause (i); and
(2)in clause (ii), by striking out “(ii)”. 101 STAT. 1330–20 Subtitle D— Rural Electrification Administration Programs CHAPTER 1— PREPAYMENT OF RURAL ELECTRIFICATION LOANS SEC. 1401. PREPAYMENT OF LOANS. [7 USC 936a note](/us/usc/t7/s936a).
(a)Eligibility to Prepay.— Notwithstanding subsections (c), (d), and
(e)of section 306A of the Rural Electrification Act of 1936 (7 U.S.C. 936a (c), (d), and (e)), during fiscal year 1988, a borrower of a loan made by the Federal Financing Bank and guaranteed under section 306 of such Act (7 U.S.C. 936) may, at the option of the borrower, prepay such loan (or any loan advance thereunder) in accordance with subsections
(a)and
(b)of section 306A of such Act, except that any prepayment that would cause the total amount of such prepayments during fiscal year 1988 to exceed $2,000,000,000 shall be subject solely to the approval of the Secretary of the Treasury.
(b)Priority for Approval.— In determining which borrowers shall be permitted to prepay loans under subsection (a):
(1)The Administrator of the Rural Electrification Administration shall give priority to those 8 borrowers that were determined by the Administrator, prior to the date of the enactment of this Act, to be eligible to prepay, or that prepaid, an advance under section 306A of such Act (as in effect prior to the date of the enactment of this Act), except that to retain such priority a borrower shall—
(A)notify the Administrator in writing, within 30 daysRegulations. after the issuance of regulations to carry out this section, of the intent of the borrower to prepay; and
(B)complete such prepayment by disbursing funds to the Federal Financing Bank to prepay loan advances within 120 days after the issuance of such regulations.
(2)In considering requests for prepayment under subsection
(a)by borrowers not described in paragraph (1), the Administrator shall permit prepayment based on the order in which borrowers are prepared to disburse funds to the Federal Financing Bank to complete such prepayments. If more than 1 borrower is so prepared at the same time, and if the combined amount of such prepayments would cause the total amount of prepayments during fiscal year 1988, under this section, to exceed $2,000,000,000, the Administrator shall—
(A)base the determination on the date on which prepayment applications have been submitted; or
(B)permit partial prepayment by two or more borrowers.
(c)Regulations.— Not later than 30 days after the date of enactment of this Act, the Administrator of the Rural Electrification Administration shall issue such regulations as are necessary to carry at this section.
(d)Study.— Not later than January 1, 1989, the Comptroller General of the United States shall—
(1)study—
(A)all benefits provided by Federal Financing Bank lending and the procedures and conditions for the prepayment of current Federal Financing Bank loans; 101 STAT. 1330–21
(B)the benefits and costs to Federal Financing Bank borrowers of making prepayments; and
(C)alternative conditions and procedures for prepayment of all Federal Financing Bank loans to balance Federal benefits with Federal costs; and
(2)submit to Congress a report describing the results of suchReports. Reports, study, together with any appropriate recommendations. SEC. 1402. USE OF FUNDS. The Rural Electrification Act of 1936 is amended by inserting after section 311 (7 U.S.C. 940a) the following new section: " “SEC. 312. USE OF FUNDS. [7 USC 940b](/us/usc/t7/s940b). “A borrower of an insured or guaranteed electric loan under this Act may, without restriction or prior approval of the Administrator, invest its own funds or make loans or guarantees, not in excess of 15 percent of its total utility plant.”. " SEC. 1403. CUSHION OF CREDIT PAYMENTS PROGRAM. Title III of the Rural Electrification Act of 1936 (as amended by section 1402 of this Act) is amended by adding at the end thereof the following new section: " “SEC. 313. CUSHION OF CREDIT PAYMENTS PROGRAM. [7 USC 940c](/us/usc/t7/s940c). “(a) Establishment.— “(1) In general.— The Administrator shall develop and promote a program to encourage borrowers to voluntarily make deposits into cushion of credit accounts established within the Rural Electrification and Telephone Revolving Fund. “(2) Interest.— Amounts in each cushion of credit account shall accrue interest to the borrower at a rate of 5 percent per annum. “(3) Balance.— A borrower may reduce the balance of its cushion of credit account only if the amount obtained from the reduction is used to make scheduled payments on loans made or guaranteed under this Act. “(b) Uses of Cushion of Credit Payments.— “(1) In general.— “(A) Cash balance.— Cushion of credit payments shall be held in the Rural Electrification and Telephone Revolving Fund as a cash balance in the cushion of credit accounts of borrowers. “(B) Interest.— All cash balance amounts (obtained from cushion of credit payments, loan payments, and other sources) held by the Fund shall bear interest to the Fund at a rate equal to the weighted average rate on outstanding certificates of beneficial ownership issued by the Fund. “(C) Credits.— The amount of interest accrued on the cash balances shall be credited to the Fund as an offsetting reduction to the amount of interest paid by the Fund on its certificates of beneficial ownership. “(2) Rural economic development subaccount.— “(A) Maintenance of account.— The Administrator shall maintain a subaccount within the Rural Electrification and Telephone Revolving Fund to which shall be credited, on a monthly basis, a sum determined by multiplying the outstanding cushion of credit payments made after101 STAT. 1330–22 October 1, 1987, by the difference (converted to a monthly basis) between the average weighted interest rate paid on outstanding certificates of beneficial ownership issued by the Fund and the 5 percent rate of interest provided to borrowers on cushion of credit payments. “(B) Grants.— The Administrator is authorized, from the interest differential sums credited this subaccount and from any other funds made available thereto, to provide grants or zero interest loans to borrowers under this Act for the purpose of promoting rural economic development and job creation projects, including funding for project feasibility studies, start-up costs, incubator projects, and other reasonable expenses for the purpose of fostering rural development. “(C) Repayments.— In the case of zero interest loans, the Administrator shall establish such reasonable repayment terms as will ensure borrower participation. “(D) Proceeds.— All proceeds from the repayment of such loans shall be returned to the subaccount. “(E) Number of grants.— Such loans and grants shall be made during each fiscal year to the full extent of the amounts held by the rural economic development subaccount, subject only to limitations as may be from time-to-time imposed by law.“. " CHAPTER 2— RURAL TELEPHONE BANK BORROWERS SEC. 1411. RURAL TELEPHONE BANK INTEREST RATES AND LOAN PREPAYMENTS.
(a)Findings.— Congress finds that— [7 USC 948 note](/us/usc/t7/s948).
(1)overcharging of Rural Telephone Bank borrowers has resulted in $179,000,000 in excess profits and has imperiled borrowers by raising costs to ratepayers;
(2)borrowers will be able to seek redress under section 408(b)(3)(G) of the Rural Electrification Act of 1936, as added by subsection (c), or may leave the Rural Telephone Bank, but in no case may the Governor of the Bank issue regulations requiring any penalty from borrowers seeking to retire debt prior to maturity; and
(3)any reduction in Federal Government44Copy read “government”. expenditures in the operation of the Rural Telephone Bank, from borrowers’ conduct resulting from the implementation of the amendments made by subsections
(b)and (c), should be included in all calculations of the budget of the United States Government, authorized under the4a4aCopy read “under of the”. Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987.
(b)Rural Telephone Bank Loan Prepayments.—55Copy read “Prepayments.”.
(1)Prepayments authorized.— Section 408(b) of the Rural Electrification Act of 1936 (7 U.S.C. 9480))) is amended by adding at the end the following new paragraph: " “(8) A borrower with a loan from the Rural Telephone Bank may prepay such loan (or any part thereof) by paying the face amount thereof without being required to pay the prepayment101 STAT. 1330–23 penalty set forth in the note covering such loan, if such prepayment is not made later than September 30, 1988.”. "
(2)Prepayment regulations.— The Governor of the Rural[7 USC 948 note](/us/usc/t7/s948). Telephone Bank shall issue regulations to carry out the amendment made by paragraph
(1)within 30 days after the date of enactment of this Act. Such regulations shall implement the amendment made by paragraph
(1)without the addition of any restrictions not set forth in such amendment.
(c)Determination of Interest Rates on Rural Telephone Bank Loans Paragraph
(3)of section 4080t)) of the Rural Electrification Act of 1936 (7 U.S.C. 948(b)(3)) is amended—
(1)by inserting “(A)” after the paragraph designation; and
(2)by adding at the end thereof the following new subparagraphs: " “(B) On and after the date of the enactment of this paragraph, advances made on or after such date of enactment under loan commitments made on or after October 1, 1987, shall bear interest at the rate determined under subparagraph (C), but in no event at a rate that is less than 5 percent per annum. “(C) The rate determined under this subparagraph shall be— “(i) for the period beginning on the date the advance is made and ending at the close of the fiscal year in which the advance is made, the average yield (on the date of the advance) on outstanding marketable obligations of the United States having a final maturity comparable to the final maturity of the advance; and “(ii) after the fiscal year in which the advance is made, the cost of money rate for such fiscal year, as determined under subparagraph (D). “(D) Within 30 days after the end of each fiscal year, the Governor shall determine to the nearest 0.01 percent the cost of money rate for the fiscal year, by calculating the sum of the results of the following calculations: “(i) The aggregate of all amounts received by the telephone bank during the fiscal year from the issuance of class A stock, multiplied by the rate of return payable by the telephone bank during the fiscal year, as specified in section 406(c), to holders of class A stock, which product is divided by the aggregate of the amounts advanced by the telephone bank during the fiscal year. “(ii) The aggregate of all amounts received by the telephone bank during the fiscal year from the issuance of class B stock, multiplied by the rate at which dividends are payable by the telephone bank during the fiscal year, as specified in section 406(d), to holders of class B stock, which product is divided by the aggregate of the amounts advanced by the telephone bank during the fiscal year. “(iii) The aggregate of all amounts received by the telephone bank during the fiscal year from the issuance of class C stock, multiplied by the rate at which dividends are payable by the telephone bank during the fiscal year, under section 406(e), to holders of class C stock, which product is divided by the aggregate of the amounts advanced by the telephone bank during the fiscal year. “(iv)
(I)The sum of the results of the calculations described in subclause (II). 101 STAT. 1330–24 “(II) The amounts received by the telephone bank during the fiscal year from each issue of telephone debentures and other obligations of the telephone bank, multiplied, respectively, by the rates at which interest is payable during the fiscal year by the telephone bank to holders of each issue, each of which products is divided, respectively, by the aggregate of the amounts advanced by the telephone bank during the fiscal year. “(v)
(I)The amount by which the aggregate of the amounts advanced by the telephone bank during the fiscal year exceeds the aggregate of the amounts received by the telephone bank from the issuance of class A stock, class B stock, class C stock, and telephone debentures and other obligations of the telephone bank during the fiscal year, multiplied by the historic cost of money rate as of the close of the fiscal year immediately preceding the fiscal year, which product is divided by the aggregate of the amounts advanced by the telephone bank during the fiscal year. “(II) For purposes of this clause, the term ‘historic cost of money rate’, with respect to the close of a preceding fiscal year, means the sum of the results of the following calculations: The amounts advanced by the telephone bank in each fiscal year during the period beginning with fiscal year 1974 and ending with the preceding fiscal year, multiplied, respectively, by the cost of money rate for the fiscal year (as set forth in the table in subparagraph (E)) for fiscal years 1974 through 1987, and as determined by the Governor under this subparagraph for fiscal years after fiscal year 1987), each of which products is divided, respectively, by the aggregate of the amounts advanced by the telephone bank during the period. “(E) For purposes of subparagraph (D)(II), the cost of money rate for the fiscal years in which each advance was made shall be as set forth in the following table: “For advances made in— The cost of money rate shall be— Fiscal year 1974 ......................... 5.01 percent Fiscal year 1975 ......................... 5.85 percent Fiscal year 1976 ......................... 5.33 percent Fiscal year 1977 ......................... 5.00 percent Fiscal year 1978 ......................... 5.87 percent Fiscal year 1979 ......................... 5.93 percent Fiscal year 1980 ......................... 8.10 percent Fiscal year 1981 ......................... 9.46 percent Fiscal year 1982 ......................... 8.39 percent Fiscal year 1983 ......................... 6.99 percent Fiscal year 1984 ......................... 6.55 percent Fiscal year 1985 ......................... 5.00 percent Fiscal year 1986 ......................... 5.00 percent Fiscal year 1987 ......................... 5.00 percent. For purposes of this subparagraph, the term ‘fiscal year’ means the 12-month period ending on September 30 of the designated year. “(F)
(i)Notwithstanding subparagraph (B), if a borrower holds a commitment for a loan under this section made on or after October 1, 1987, and before the date of the enactment of this paragraph, part or all of the proceeds of which have not been advanced as of such date of enactment, the borrower may, until the later of the date the next advance under the loan commit-101 STAT. 1330–25ment is made or 90 days after such date of enactment, elect to have the interest rate specified in the loan commitment apply to the unadvanced portion of the loan in lieu of the rate which (but for this clause) would apply to the unadvanced portion under this paragraph. If any borrower makes an election under this clause with respect to a loan, the Governor shall adjust the interest rate which applies to the unadvanced portion of the loan accordingly. “(ii)
(I)If the telephone bank, pursuant to section 407(b), issues telephone debentures on any date to refinance telephone debentures or other obligations of the telephone bank, the telephone bank shall, in addition to any interest rate reduction required by any other provision of this paragraph, for the period applicable to the advance, reduce the interest rate charged on each advance made under this section during the fiscal year in which the refinanced debentures or other obligations were originally issued by the amount applicable to the advance. “(II) For purposes of subclause (I), the term ‘the period applicable to the advance’ means the period beginning on the issue date described in subclause
(I)and ending on the earlier of the date the advance matures or is completely prepaid. “(III) For purposes of subclause (I), the term ‘the amount applicable to the advance’ means an amount which fully reflects that percentage of the funds saved by the telephone bank as a result of the refinancing which is equal to the percentage representation of the advance in all advances described in subclause (I). “(IV) Within 60 days after any issue date described in subclause (I), the Governor shall amend the loan documentation for each advance described in subclause (I), as necessary, to reflect any interest rate reduction applicable to the advance by reason of this clause, and shall notify each affected borrower of the reduction. “(G) Within 30 days after the publication of any determination made under subparagraph (D), any affected borrower may obtain review of the determination, or any other equitable relief as may be determined appropriate, by the United States court of appeals for the judicial circuit in which the borrower does business by filing a written petition requesting the court to set aside or modify such determination. On receipt of such a petition, the clerk of the court shall transmit a copy of the petition to the Governor. On receipt of a copy of such a petition from the clerk of the court, the Governor shall file with the court the record on which the determination is based. The court shall have jurisdiction to affirm, set aside, or modify the determination. “(H) Within 5 days after determining the cost of money rate for a fiscal year, the Governor shall— “(i) cause the determination to be published in the FederalFederal Register, publication. Register in accordance with section 552 of title 5, United States Code; and “(ii) furnish a copy of the determination to the Comptroller General of the United States. “(I) The Comptroller General shall review, on an expeditedReports. basis, each determination a copy of which is received from the Governor and, within 15 days after the date of such receipt, furnish Congress a report on the accuracy of the determination. 101 STAT. 1330–26
(J)The telephone bank shall not sell or otherwise dispose of any loan made under this section, except as provided in this paragraph.”. " SEC. 1412. INTEREST RATE TO BE CONSIDERED FOR PURPOSES OF ASSESSING ELIGIBILITY FOR LOANS. Paragraph
(4)of section 408(b) of the Rural Electrification Act of 1936 (7 U.S.C. 948(b)(4)) is amended by inserting at the end the following: “For purposes of determining the creditworthiness of a borrower for a loan under this paragraph, the Governor shall assume that the loan, if made, would bear interest at a rate equal to the average yield (on the date of the determination) on outstanding marketable obligations of the United States having a final maturity comparable to the final maturity of the loan.”. SEC. 1413. ESTABLISHMENT OF RESERVE FOR LOSSES DUE TO INTEREST RATE FLUCTUATIONS.
(a)Establishment of Reserve; Funding.— Section 406 of the Rural Electrification Act of 1936 (7 U.S.C. 947) is amended by adding[7 USC 946](/us/usc/t7/s946). at the end the following: " “(h) There is hereby established in the telephone bank a reserve for losses due to interest rate fluctuations. Within 30 days after the date of the enactment of this subsection, the Governor of the telephone bank shall transfer to the reserve for losses due to interest rate fluctuations all amounts in the reserve for contingencies as of the date of the enactment of this subsection. Amounts in the reserve for interest rate fluctuations may be expended only to cover operating losses of the telephone bank (other than losses attributable to loan defaults) and only after taking into consideration any recommendations made by the General Accounting Office under section 1413(b) of the Rural Telephone Bank Borrowers Fairness Act of 1987.”. "
(b)Study by General Accounting Office.— Within 180 days Reports. after the date of the enactment of this Act, the General Accounting Office shall complete a study of operations of the telephone bank and report its recommendations to the Committees on Agriculture and Government Operations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate with respect to—
(1)the appropriate level of funding for the reserve for losses due to interest rate fluctuations established in section 406(h) of the Rural Electrification Act of 1936 (7 U.S.C. 947(h)) (as added by subsection (a));
(2)the circumstances under which amounts in the reserve for losses due to interest rate fluctuations should be expended;
(3)the circumstances under which amounts should be added to the reserve for losses due to interest rate fluctuations; and
(4)the disposition of excess reserves. In such study, the General Accounting Office shall consider the effects of such recommendations on telephone bank borrowers, the subscribers of such borrowers, and the United States Government.
(c)Limitation on Establishment of New Reserves.— Subsection
(g)of section 406 of the Rural Electrification Act of 1936 (7 U.S.C. [7 USC 946](/us/usc/t7/s946). 947(g)) is amended—
(1)by striking out “reserves for losses,” and inserting in lieu thereof “the reserve for loan losses,”; and 101 STAT. 1330–27
(2)by adding at the end the following: “The telephone bank may not establish any reserve other than the reserves referred to in this subsection and in subsection (h).”. SEC. 1414. PUBLICATION OF RURAL TELEPHONE BANK POLICIES AND REGULATIONS. Federal Register, publication.Grants.Contracts.[7 USC 944a](/us/usc/t7/s944a). Notwithstanding the exemption contained in section 553(a)(2) of title 5, United States Code, the Governor of the telephone bank shall cause to be published in the Federal Register, in accordance with section 553 of title 5, United States Code, all rules, regulations, bulletins, and other written policy standards governing the operation of the telephone bank’s programs relating to public property, loans, grants, benefits, or contracts. After September 30, 1988, the telephone bank may not deny a loan or advance to, or take any other adverse action against, any applicant or borrower for any reason which is based upon a rule, regulation, bulletin, or other written policy standard which has not been published pursuant to such section. Subtitle E— Miscellaneous SEC. 1501. MARKETING ORDER PENALTIES. Section 8c(14) of the Agricultural Adjustment Act of 1933 (7 U.S.C. 608c(14)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended—
(1)by inserting “(A)” before “Any”; and
(2)by adding at the end thereof the following new subparagraph: " “(B) Any handler subject to an order issued under this section, or any officer, director, agent, or employee of such handler, who violates any provision of such order (other than a provision calling for payment of a pro rata share of expenses) may be assessed a civil penalty by the Secretary not exceeding $1,000 for each such violation. Each day during which such violation continues shall be deemed a separate violation, except that if the Secretary finds that a petition pursuant to paragraph
(15)was filed and prosecuted by the handler in good faith and not for delay, no civil penalty may be assessed under this paragraph for such violations as occurred between the date on which the handler’s petition was filed with the Secretary, and the date on which notice of the Secretary’s ruling thereon was given to the handler in accordance with regulations prescribed pursuant to paragraph (15). The Secretary may issue an order assessing a civil penalty under this paragraph only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable in the district courts of the United States in any district in which the handler subject to the order is an inhabitant, or has the handler’s principal place of business. The validity of such order may not be reviewed in an action to collect such civil penalty.”. " SEC. 1502. STUDY OF USE OF AGRICULTURAL COMMODITY FUTURES AND OPTIONS MARKETS. The last sentence of section 1742 of the Food Security Act of 1985 (7 U.S.C. 1421 note) is amended by striking out “1988” and inserting in lieu thereof “1989”. 101 STAT. 1330–28 SEC. 1503. AUTHORIZATION OF APPROPRIATIONS FOR PHILIPPINE FOOD AID INITIATIVE. Section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)) is amended by adding at the end thereof the following new paragraph: " “(12) There is authorized to be appropriated for fiscal year 1988, in addition to any other funds authorized to be appropriated, $1,000,000 for technical assistance for the sale or barter of commodities under paragraph
(7)to strengthen nonprofit private organizations and cooperatives in the Philippines.”. " SEC. 1504. RURAL INDUSTRIALIZATION ASSISTANCE. Section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)) is amended—
(1)by inserting “and private nonprofit corporations” after “public bodies”; and
(2)by striking out “to facilitate development of” and inserting in lieu thereof “to finance and facilitate development of small and emerging”. SEC. 1505. PLANT VARIETY PROTECTION FEES. Section 31 of the Plant Variety Protection Act (7 U.S.C. 2371) is amended to read as follows: " “SEC. 31. PLANT VARIETY PROTECTION FEES. “(a) In General.— The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees for services performed under this Act. “(b) Late Payment Penalty.— On failure to pay such fees, the Secretary shall assess a late payment penalty. Such overdue fees shall accrue interest as required by section 3717 of title 31, United States Code. “(c) Disposition of Funds.— Such fees, late payment penalties, and accrued interest collected shall be credited to the account that incurs the cost and shall remain available without fiscal year limitation to pay the expenses incurred by the Secretary in carrying out this Act. Such funds collected (including late payment penalties and any interest earned) may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. “(d) Actions for Nonpayment.— The Attorney General may bring an action for the recovery of charges that have not been paid in accordance with this Act against any person obligated for payment of such charges under this Act in any United States district court or other United States court for any territory or possession in any jurisdiction in which the person is found, resides, or transacts business. The court shall have jurisdiction to hear and decide the action. “(e) Authorization of Appropriations.— There are authorized to be appropriated such sums as are necessary to carry out this Act.”. " SEC. 1506. ANNUAL APPROPRIATIONS TO REIMBURSE THE COMMODITY CREDIT CORPORATION FOR NET REALIZED LOSSES.
(a)In General.— The first sentence of section 2 of Public Law 87‒155 (15 U.S.C. 713a–11) is amended by striking out “, commencing with the fiscal year ending June 30, 1961” and inserting in lieu thereof “by means of a current, indefinite appropriation”. 101 STAT. 1330–29
(b)Operating Expenses.— No funds may be appropriated for[15 USC 713a–11 note](/us/usc/t15/s713a–11). operating expenses of the Commodity Credit Corporation except as authorized under section 2 of Public Law 87–155 to reimburse the Corporation for net realized losses.
(c)Effective Date.— This section and the amendment made by[15 USC 713a–11 note](/us/usc/t15/s713a–11). this section shall apply beginning with fiscal year 1988. SEC. 1507. FEDERAL CROP INSURANCE. [7 USC 1508 note](/us/usc/t7/s1508). It is the sense of Congress that, in carrying out the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), the Federal Crop Insurance Corporation—
(1)should not be required to assume 100 percent of all loss adjustments in the Federal crop insurance program; and
(2)should assume and perform the loss adjustment obligations of a reinsured company if the Corporation determines that such company’s loss adjustment performance and practices are not carried out in accordance with the applicable reinsurance agreement. SEC. 1508. ETHANOL USAGE. [42 USC 7545 note](/us/usc/t42/s7545).
(a)Findings.— Congress finds that—
(1)the United States is dependent for a large and growing share of its energy needs on the Middle East at a time when world petroleum reserves are declining;
(2)the burning of gasoline causes pollution;
(3)ethanol can be blended with gasoline to produce a cleaner source of fuel;
(4)ethanol can be produced from grain, a renewable resource that is in considerable surplus in the United States;
(5)the conversion of grain into ethanol would reduce farm program costs and grain surpluses; and
(6)increasing the quantity of motor fuels that contain at least 10 percent ethanol from current levels to 50 percent by 1992 would create thousands of new jobs in ethanol production facilities.
(b)Sense of Congress.— It is the sense of Congress that the Administrator of the Environmental Protection Agency should use authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.) to require greater use of ethanol as motor fuel. SEC. 1509. DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM. The Food Stamp Act of 1977 is amended by adding after section 20 (7 U.S.C. 2029) the following new section: " “SEC. 21. DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM. [7 USC 2030](/us/usc/t7/s2030). “(a) In General.— Upon written application of the State of Washington (in this section referred to as the ‘State’) and after the approval of such application by the Secretary, the State may conduct a Family Independence Demonstration Project (in this section referred to as the ‘Project’) in all or in part of the State in accordance with this section to determine whether the Project, as an alternative to providing benefits under the food stamp program, would more effectively break the cycle of poverty and would provide families with opportunities for economic independence and strengthened family functioning. “(b) Nature of Project.— In an application submitted under subsection (a), the State shall provide the following: 101 STAT. 1330–30 “(1) Except as provided in this section, the provisions of chapter 434 of the 1987 Washington Laws, as enacted in May 1987, shall apply to the operation of the Project. “(2) All of the following terms and conditions shall be in effect under the Project: “(A)
(i)Except as provided in clause (ii), individuals with respect to whom benefits may be paid under part A of title IV of the Social Security Act, and such other individuals as are included in the Project pursuant to chapter 434 of the 1987 Washington Laws, as enacted in May 1987, shall be eligible to participate in the Project in lieu of receiving benefits under the food stamp program and cash assistance under any other Federal program covered by the Project. “(ii) Individuals who receive only child care or medical benefits under the Project shall not be eligible to receive food assistance under the Project. Such individuals may receive coupons under the food stamp program if eligible. “(B) Individuals who participate in the Project shall receive for each month an amount of cash assistance that is not less than the total value of the assistance such individuals would otherwise receive, in the aggregate, under the food stamp program and any cash-assistance Federal program covered by the Project for such month, including income and resource exclusions and deductions, and benefit levels. “(C)
(i)The State may provide a standard benefit for food assistance under the Project, except that individuals who participate in the Project shall receive as food assistance for a month an amount of cash that is not less than the value of the assistance such individuals would otherwise receive under the food stamp program. “(ii) The State may provide a cash benefit for food assistance equal to the value of the thrifty food plan. “(D) Each month participants in the Project shall be notified by the State of the amount of Project assistance that is provided as food assistance for such month. “(E) The State shall have a program to require participants to engage in employment and training activities carried out under chapter 434 of the 1987 Washington Laws, as enacted in May 1987.66Copy read “May, 1987.”. “(F) Food assistance shall be provided under the Project— “(i) to any individual who is accepted for participation in the Project, not later than 30 days after such individual applies to participate in the Project; “(ii) to any participant for the period that begins on the date such participant applies to participate in the Project, except that the amount of such assistance shall be reduced to reflect the pro rata value of any coupons received under the food stamp program for such period for the benefit of such participant; and “(iii) until— “(I) the participant’s cash assistance under the Project is terminated; 101 STAT. 1330–31 “(II) such participant is informed of such termination and is advised of the eligibility requirements for participation in the food stamp program; “(III) the State determines whether such participant will be eligible to receive coupons as a member of a household under the food stamp program; and “(IV) coupons under the food stamp program are received by such participant if such participant will be eligible to receive coupons as a member of a household under the food stamp program. “(G)
(i)77Copy read “(H)(i)”.Paragraphs (1)(B), (8), (10), and
(19)of section 11(e) shall apply with respect to the participants in the Project in the same manner as such paragraphs apply with respect to participants in the food stamp program. “(ii) Each individual who contacts the State in person during office hours to make what may reasonably be interpreted as an oral or written request to participate in the Project shall receive and shall be permitted to file on the same day that such contact is first made, an application form to participate in the Project. “(iii) The Project shall provide for telephone contact by, mail delivery of forms to and mail return of forms by, and subsequent home or telephone interview with, the elderly persons, physically or mentally handicapped, and persons otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person. “(iv) An individual who applies to participate in the Project may be represented by another person in the review process if the other person has been clearly designated as the representative of such individual for that purpose, by such individual or the spouse of such individual, and, in the case of the review process, the representative is an adult who is sufficiently aware of relevant circumstances, except that the State may— “(I) restrict the number of individuals who may be represented by such person; and “(II) otherwise establish criteria and verification standards for representation under this clause. “(v) The State shall provide a method for reviewing applications to participate in the Project submitted by, and distributing food assistance under the Project to, individuals who do not reside in permanent dwellings or who have no fixed mailing address. In carrying out the preceding sentence, the State shall take such steps as are necessary to ensure that participation in the Project is limited to eligible individuals. “(3) An assurance that the State will allow any individual to apply to participate in the food stamp program without applying to participate in the Project. “(4) An assurance that the cost of food assistance provided under the Project will not be such that the aggregate amount of payments made under this section by the Secretary to the State over the period of the Project will exceed the sum of— 101 STAT. 1330–32 “(A) the anticipated aggregate value of the coupons that would have been distributed under the food stamp program if the individuals who participate in the Project had participated instead in the food stamp program; and “(B) the portion of the administrative costs for which the State would have received reimbursement under— “(i) subsections
(a)and
(g)of section 16 (without regard to the first proviso to such subsection (g)) if the individuals who participated in the Project had participated instead in the food stamp program; and “(ii) section 16(h) if the individuals who participated in the Project had participated in an employment and training program under section 6(d)(4); except that this paragraph shall not be construed to prevent the State from claiming payments for additional households that would qualify for benefits under the food stamp program in the absence of a cash out of such benefits as a result of changes in economic, demographic, and other conditions in the State or a subsequent change in the benefit levels approved by the State legislature. “(5) An assurance that the State will continue to carry out the food stamp program while the State carries out the Project. “(6) If there is a change in existing State law that would eliminate guaranteed benefits or reduce the rights of applicants or participants under this section during, or as a result of participation in, the Project, the Project shall be terminated. “(7) An assurance that the Project shall include procedures and due process guarantees no less beneficial than those which are available under Federal law and under State law to participants in the food stamp program. “(8)
(A)An assurance that, except as provided in subparagraph (B), the State will carry out the Project during a 5-year period beginning on the date the first individual is approved for participation in the Project. “(B) The Project may be terminated 180 days after—Termination date. “(i) the State gives notice to the Secretary that it intends to terminate the Project; or “(ii) the Secretary, after notice and an opportunity for a hearing, determines that the State materially failed to comply with this section. “(c) Funding.— If an application submitted under subsection
(a)by the State complies with the requirements specified in subsection (b), then the Secretary shall— “(1) approve such application; and “(2) from funds appropriated under this Act, pay the State for— “(A) the actual cost of the food assistance provided under the Project; and “(B) the percentage of the administrative costs incurred by the State to provide food assistance under the Project that is equal to the percentage of the State’s aggregate administrative costs incurred in operating the food stamp program in the most recent fiscal year for which data are available, that was paid under subsections (a), (g), and
(h)of section 16 of this Act. 101 STAT. 1330–33 “(d)
(1)Project application.— Unless and until an application to participate in the Project is approved, and food assistance under the Project is made available to the applicant— “(A) such application shall also be treated as an application to participate in the food stamp program; and “(B) section 11(e)(9) shall apply with respect to such Application. “(2) Coupons provided under the food stamp program with respect to an individual who— “(A) is participating in such program; and “(B) applies to participate in the Project; may not be reduced or terminated because such individual applies to participate in the Project. “(3) For purposes of the food stamp program, individuals who participate in the Project shall not be considered to be members of a household during the period of such participation. “(e) Waiver.— The Secretary shall (with respect to the Project) waive compliance with any requirement contained in this Act (other than this section) that (if applied) would prevent the State from carrying out the Project or effectively achieving its purpose. “(f) Construction.— For purposes of any other Federal, State or local law— “(1) cash assistance provided under the Project that represents food assistance shall be treated in the same manner as coupons provided under the food stamp program are treated; and 88Copy had wrong indention for paragraph “(2)”.“(2) participants in the program who receive food assistance under the Project shall be treated in the same manner as recipients of coupons under the food stamp program are treated. “(g) Project Audits.— The Comptroller General of the United States shall— “(1) conduct periodic audits of the operation of the Project to verify the amounts payable to the State from time to time under subsection (b)(4); and “(2) submit to the Secretary of Agriculture, the Secretary of Health and Human Services, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of each such audit. “(h) Evaluation.— With funds appropriated under section 18(a)(1), the Secretary shall conduct, in consultation with the Secretary of Health and Human Services, an evaluation of the Project.”. " TITLE II— NATIONAL ECONOMIC COMMISSION SEC. 2101. ESTABLISHMENT OF COMMISSION. [2 USC 901 note](/us/usc/t2/s901). There is established a commission to be known as the National Economic Commission (in this subtitle referred to as the “Commission”). 101 STAT. 1330–34 SEC. 2102. MEMBERSHIP OF COMMISSION. [2 USC 901 note](/us/usc/t2/s901).
(a)Appointment.— The Commission shall be initially composed of 12 members, appointed not later than March 1, 1988. After the meeting of the Presidential Electors in December 1988, the Commission shall be expanded to 14 members. The members shall be as follows:
(1)2 citizens of the United States, appointed by the President.President of U.S.
(2)1 Senator and 2 citizens of the United States, appointed by the President pro tempore of the Senate upon the recommendations of the Majority Leader of the Senate.
(3)1 Senator and 1 citizen of the United States, appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate.
(4)1 Member of the House of Representatives and 2 citizens of the United States, appointed by the Speaker of the House of Representatives.
(5)1 Member of the House of Representatives and 1 citizen of the United States, appointed by the Minority Leader of the House of Representatives.
(6)2 citizens of the United States, 1 of whom is a DemocratPresident of U.S. and 1 of whom is a Republican, appointed by the President-elect as established by the allocation of electoral college votes in the Presidential election of November 8, 1988.
(b)Additional Qualifications.—
(1)Individuals appointed under subsection (a)(1) may be officers or employees of the Executive Branch or may be private citizens.
(2)Individuals who are not Members of the Congress, and are appointed under paragraphs
(2)through
(6)of subsection
(a)shall be individuals who—
(A)are leaders of business or labor, distinguished academics. State or local government officials, or other individuals with distinctive qualifications or experience; and
(B)are not officers or employees of the United States.
(c)Chairperson.— The Commission shall elect a Chairperson from among the members of the Commission.
(d)Quorum.— A majority of the members of the Commission shall constitute a quorum for the transaction of business.
(e)Voting.— Each member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission.
(f)Vacancies.— Any vacancy on the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made.
(g)Prohibition of Additional Pay.— Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. Members appointed from among private citizens of the United States may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by law for persons serving intermittently in the government service to the extent funds are available for such expenses. SEC. 2103. FUNCTIONS OF COMMISSION. [2 USC 901 note](/us/usc/t2/s901).
(a)Specific Recommendations.— The Commission shall make specific recommendations regarding the following: 101 STAT. 1330–35
(1)Methods to reduce the Federal budget deficit while promoting economic growth and encouraging saving and capital formation.
(2)A means of ensuring that the burden of achieving the Federal budget deficit reduction goals of the United States does not undermine economic growth and is equitably distributed and not borne disproportionately by any one economic group, social group, region or State.
(b)Final Report.—
(1)Subject to section 2108(b)(3), the Commission shall submit to the President and to the Congress on March 1, 1989, a final report which shall contain a detailed statement of the findings and conclusions of the Commission, including its recommendations for administrative and legislative action that the Commission considers advisable.
(2)Any recommendation may be made by the Commission to the President and to the Congress only if adopted by a majority vote of the members of the Commission who are present and voting.
(3)On February 1, 1989, the President may issue an order extending the date for submission of the final report to September 1, 1989. SEC. 2104. POWERS OF COMMISSION. [2 USC 901 note](/us/usc/t2/s901).
(a)Hearings.— The Commission may, for the purpose of carrying out this, subtitle, hold such hearings and sit and act at such times and places, as the Commission may find advisable.
(b)Rules and Regulations.— The Commission may adopt such rules and regulations as may be necessary to establish its procedures and to govern the manner of its operations, organization, and personnel.
(c)Assistance From Federal Agencies.—
(1)The Commission may request from the head of any Federal agency or instrumentality such information as the Commission may require for the purpose of this subtitle. Each such agency or instrumentality shall, to the extent permitted by law and subject to the exceptions set forth in section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), furnish such information to the Commission, upon request made by the Chairperson of the Commission.
(2)Upon request of the Chairperson of the Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head—
(A)make any of the facilities and services of such agency or instrumentality available to the Commission; and
(B)detail any of the personnel of such agency or instrumentality to the Commission, on a non-reimburseable basis, to assist the Commission in carrying out its duties under this subtitle, except that any expenses of the Commission incurred under this subparagraph shall be subject to the limitation on total expenses set forth in section 2105(b).
(c)Mails— The Commission may use the United States mails in the same manner and under the same conditions sis other Federal agencies.
(d)Contracting.— The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into101 STAT. 1330–36 contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge its duties under this subtitle, subject to the limitation on total expenses set forth in section 2105(b).
(e)Staff.— Subject to such rules and regulations as may be adopted by the Commission, the Chairperson of the Commission (subject to the limitation on total expenses set forth in section 2105(b)) shall have the power to appoint, terminate, and fix the compensation (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, or of any other provision, or of any other provision of law, relating to the number, classification, and General Schedule rates) of an Executive Director, and of such additional staff as the Chairperson deems advisable to assist the Commission, at rates not to exceed a rate equal to the maximum rate for GS–18 of the General Schedule under section 5332 of such title.
(f)Advisory Committee.— The Commission shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 2105. EXPENSES OF COMMISSION. [2 USC 901 note](/us/usc/t2/s901).
(a)In General.— Any expenses of the Commission shall be paid from such funds as may be available to the Secretary of the Treasury.
(b)Limitation.— The total expenses of the Commission shall not exceed $1,000,000.
(c)GAO Audit.— Prior to the termination of the Commission, pursuant to section 2106, the Comptroller General of the United States shall conduct an audit of the financial books and records of the Commission to determine that the limitation on expenses has been met, and shall include its determination in an opinion to be included in the report of the Commission. SEC. 2106. TERMINATION OF COMMISSION. [2 USC 901 note](/us/usc/t2/s901). The Commission shall cease to exist on the date that is 30 days after the date on which the Commission submits its report. TITLE III— EDUCATION PROGRAMS Subtitle A— Guaranteed Student Loan Program Savings SEC. 3001. RECOVERY OF EXCESS CASH RESERVES ACCUMULATED UNDER THE GUARANTEED STUDENT LOAN PROGRAM.
(a)In General.— Section 422 of the Higher Education Act of 1965 (2() U.S.C. 1072) is amended by adding at the end thereof the following new subsection: " “(e) Reduction of Excess Cash Reserves.— “(1) Limitation on maximum cash reserves.— A guaranty agency shall not accumulate cash reserves in excess of the greater of— “(A) 40 percent of the total amount paid by that agency on insurance claims during the preceding fiscal year; 101 STAT. 1330–37 “(B) 0.3 percent of original principal amount of loans that are insured by that agency and that are outstanding at the end of such preceding fiscal year; “(C) an amount which, when combined with all other parts of total agency reserves, equals 0.4 percent of such original principal amount; “(D) $500,000; or “(E) the amount required to comply with the reserve requirements of a State law as in effect on October 17, 1986. “(2) Recovery of excess cash reserves.— The Secretary shall, not later than March 31, 1988, determine for each guaranty agency the maximum cash reserve permitted under paragraph
(1)for fiscal year 1986. Subject to paragraphs
(3)and (4), if the Secretary determines that any guaranty agency had, at the end of fiscal year 1986, a cash reserve that exceeded such maximum, the Secretary shall direct the agency to eliminate such excess by any one or more of the following methods, as selected by the guaranty agency: “(A) by repaying any advances to such agency made by the Secretary under this section that are not required to be repaid under subsection (d); “(B) by withholding and canceling claims for reimbursement otherwise payable under section 428(c)(1); “(C) by reducing the amount of payments for which application will be made by such agency under section 428(f); or “(D) by any other method of reducing payments from or increasing payments to the Federal Government, including payment of additional reinsurance fees in addition to the fees required by section 428(c)(9), as proposed by the agency and agreed to by the Secretary. “(3) Appeals based on special circumstances.—
(A)If the Secretary determines, on the basis of an application from a guaranty agency, that— “(i) the agency’s financial position has deteriorated significantly since the end of the preceding fiscal year; “(ii) significant changes in the economic circumstances (such as a change in agency current cash reserves) or the loan insurance program render the limitations of paragraph
(1)inadequate for the continued functioning of the agency; or “(iii) in recovering funds as required by this subsection, a guaranty agency would be compelled to violate contractual obligations existing on the date of enactment of this subsection that require a specified level of reserve funds to be maintained by such agency; the Secretary may waive, in whole or in part, the imposition of the remedies required by paragraph
(2)for such agency. “(B) The Secretary shall respond to request for waivers from guaranty agencies in an expedited manner and, except for unusual circumstances or with the consent of the guaranty agency, shall resolve such request within 6 weeks of submission. “(4) Recovery limits.— The Secretary shall not require a total reduction of cash reserves for all guaranty agencies in excess of $250,000,000 during fiscal year 1988. If the total of cash reserves of all guaranty agencies exceeds the maximum amounts permitted under paragraph
(1)by more than $250,000,000, the101 STAT. 1330–38 Secretary shall ratably reduce the amounts that guaranty agencies are directed to eliminate under paragraph (2), so that the total excess cash reserves to be eliminated equals $250,000,000. “(5) Definitions.— As used in this subsection— “(A) the ‘cash reserves’ for any guaranty agency for any fiscal year are equal to the agency’s cumulative cash receipts less the agency’s cumulative cash disbursements at the end of such fiscal year; “(B) the ‘total reserves’ for any guaranty agency for any fiscal year are equal to the agency’s cash reserves plus the agency’s cumulative accounts receivable less the agency’s accounts payable, as of the end of such fiscal year; “(C) the term ‘cumulative cash receipts’ includes such receipts as insurance premiums. Federal reinsurance payments, and collections on defaulted loans; “(D) the term ‘cumulative cash disbursements’ includes such disbursements as payments for default claims, repayment of Federal advances, transfers to other State activities, and payment of collection costs and other operating costs; “(E) the term ‘accounts receivable’ includes Federal reinsurance payments and administrative cost allowances owed but not yet paid to the guaranty agency, as of the end of a fiscal year; and “(F) the term ‘accounts payable’ includes collections and reinsurance fees due (but not paid) to the Department of Education, as of the end of a fiscal year.”. "
(b)Conforming Amendments.—
(1)The second sentence of section 428(c)(1)(A) of such Act (20 U.S.C. 1078(c)(1)(A)) is amended by striking out “shall be deemed” and inserting “shall, subject to section 422(e), be deemed”.
(2)Section 428(c)(9)(A) of such Act is amended by striking out “an amount equal to” and inserting “an amount, subject to section 422(e), equal to”.
(3)The second sentence of section 428(f)(l)(B) of such Act is amended by striking out “shall be deemed” and inserting “shall, subject to section 422(e), be deemed”. SEC. 3002. REPEAL.
(a)In General.— Subsection
(e)of section 422 of the Higher Education Act of 1965 (20 U.S.C. 1072) is repealed on September 30, 1989.
(b)Conforming Amendments.—
(1)Effective September 30, 1989, the second sentence of section 428(c)(1)(A) of such Act (20 U.S.C. 1078(c)(1)(A)) is amended by striking out “shall, subject to section 422(e), be deemed” and inserting “shall be deemed”.
(2)Effective September 30, 1989, section 428(c)(9)(A) of such Act is amended by striking out “an amount, subject to section 422(e), equal to” and inserting “an amount equal to”.
(3)Effective September 30, 1989, the second sentence of section 428(f)(1)(B) of such Act is amended by striking out “shall, subject to section 422(e), be deemed” and inserting “shall be deemed”. 101 STAT. 1330–39 SEC. 3003. INFORMATION ON DEFAULTS REQUIRED.
(a)General Rule.— The first sentence of section 428(k)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078(k)(1)) is amended—
(1)by striking out “In” and inserting in lieu thereof “Notwithstanding any other provision of law, in”; and
(2)by striking out “may“ and inserting in lieu thereof “shall”.
(b)Conforming Amendment.— The second sentence of section 428(k)(1) of such Act is amended by striking out “may” and inserting in lieu thereof “shall”. Subtitle B— Sale of College Facilities and Housing Loans SEC. 3101. SALE OF COLLEGE FACILITIES AND HOUSING LOANS. Section 783 of the Higher Education Act of 1965 (20 U.S.C. 11321–2) is amended by adding at the end thereof the following: “"Notwithstanding any other provision of this title, after September 30, 1988, the Secretary shall not sell any of such obligations. Any agreement providing for delaying payment (with respect to obligations sold) until after September 30, 1988, or for delaying delivery of such obligations or delaying taking other actions in furtherance of such a sale until after such date, shall be considered to be a violation of the preceding sentence."”. TITLE IV— MEDICARE, MEDICAID, AND OTHER HEALTH-RELATED PROGRAMS TABLE OF CONTENTS OF TITLE TITLE IV—MEDICARE, MEDICAID, AND OTHER HEALTH-RELATED PROGRAMS Subtitle A— Medicare Part 1— Relating Only to Part A Sec. 4001. Extension of reductions under sequester order. Sec. 4002. Basic hospital prospective payment rates. Sec. 4003. Increase in disproportionate share adjustment and reduction in indirect medical education payments. Sec. 4004. Provisions relating to wage index. Sec. 4005. Rural hospitals. Sec. 4006. Payments for hospital capital. Sec. 4007. Reporting hospital information. Sec. 4008. Other provisions relating to payment for inpatient hospital services. Sec. 4009. Miscellaneous provisions. Part 2— Provisions Relating to Parts A and B subpart a— health maintenance organization reforms Sec. 4011. Beneficiary protection. Sec. 4012. Payments for hospital services. Sec. 4013. Two-year extension on period for benefit stabilization. Sec. 4014. Civil money penalties and intermediate sanctions against HMOs/CMPs. Sec. 4015. Medicare payment demonstration projects. Sec. 4016. Delay in effective date in physician incentive rules for health maintenance organizations. Sec. 4017. GAO study and reports on medicare capitation. Sec. 4018. Special rules. 101 STAT. 1330–40 subpart b— home health quality Sec. 4021. Conditions of participation for home health agencies. Sec. 4022. Standard and extended survey. Sec. 4023. Enforcement. Sec. 4024. Requirement that individual be confined to home. Sec. 4025. Home health toll-free hotline and investigative unit. , Sec. 4026. Home health agency cost limits. Sec. 4027. Home health prospective payment demonstration project. subpart c— other provisions Sec. 4031. Payment cycle standards. Sec. 4032. Denials and reconsiderations of claims for home health services, extended care services, and post-hospital extended care services. Sec. 4033. Permitting disabled individuals to renew entitlement to medicare after gainful employment without a 2-year waiting period. Sec. 4034. Application of secondary payer provisions to governmental entities. Sec. 4035. Publication and notification of policies. Sec. 4036. End-stage renal disease amendments. Sec. 4037. Medicare hearings and appeals. Sec. 4038. Rural health medical education demonstration project. Sec. 4039. Miscellaneous and technical provisions. Part 3— Relating to Part B subpart a— provisions relating to payments for physicians’ servicesSec. 4041. Freeze in payments for physicians’ services; extension of sequester order. Sec. 4042. General update in payments for physicians’ services. Sec. 4043. Incentive payments for physicians’ services furnished in underserved areas. Sec. 4044. Adjustment in prevailing charge level for primary care services. Sec. 4045. Reduction in prevailing charge level for overpriced procedures. Sec. 4046. Limits on payment for ophthalmic ultrasound. Sec. 4047. Customary charges for primary care services of new physicians. Sec. 4048. Payment for physician anesthesia services. Sec. 4049. Fee schedules for radiologist services. Sec. 4050. Fee schedules for physician pathology services. Sec. 4051. Elimination of markup for certain purchased services. Sec. 4052. Collection of past-due amounts owed by physicians who breached contracts under the National Health Service Corps Scholarship Program. 99Copy read “Sec. 4052.”Sec. 4053. Elimination of 1975 floor for prevailing physician charges. 1010Copy read “Sec. 4053.”Sec. 4054. Application of maximum allowable actual charge (MAAC). 1111Copy read “Sec. 4054.”.Sec. 4055. Applying copayment and deductible to certain outpatient physicians’ services. 1212Copy read “Sec. 4055.”.Sec. 4056. Physician payment studies. subpart b— provisions relating to payments for other services Sec. 4061. Extension of reduction for other part B items and services payments under sequester order. Sec. 4062. Payments for durable medical equipment, prosthetic devices, orthotics, and prosthetics. Sec. 4063. Payment for intraocular lenses. Sec. 4064. Clinical diagnostic laboratory tests. Sec. 4065. Return on equity payments to outpatient departments. Sec. 4066. Payments to hospital outpatient departments for radiology. Sec. 4067. Updating maximum rate of payment per visit for independent rural health clinics. Sec. 4068. Payment for ambulatory surgery at eye, and eye and ear, specialty hospitals. subpart c— eligibility and benefits changes Sec. 4070. Coverage of mental health services. Sec. 4071. Coverage of influenza vaccine and its administration. Sec. 4072. Payment for therapeutic shoes for individuals with severe diabetic foot disease. Sec. 4073. Coverage of certified nurse-midwife services. 101 STAT. 1330–41 Sec. 4074. Coverage of social worker services furnished by a health maintenance organization to its members. Sec. 4075. Clarification of coverage of drugs used in immunosuppressive therapy. Sec. 4076. Services of a physician assistant. Sec. 4077. Psychologist services in clinics. Sec. 4078. Provision of offsite comprehensive outpatient rehabilitation services. Sec. 4079. Demonstration projects to provide payment on a prepaid, capitated basis for community nursing and ambulatory care furnished to medicare beneficiaries. Sec. 4080. Part B premium. subpart d— other provisions Sec. 4081. Submission of claims to supplemental insurance carriers. Sec. 4082. Revision of part B hearings. Sec. 4083. Provisions relating to Physician Payment Review Commission. Sec. 4084. Technical amendments related to certified registered nurse anesthetists. Sec. 4085. Miscellaneous and technical provisions. Part 4— Peer Review organizations Sec. 4091. Contract provisions. Sec. 4092. Preference in contracting with in-State organizations. Sec. 4093. Requiring reasonable notice and opportunity for discussion prior to denial of claim. Sec. 4094. Peer1313Copy read “reer”. review norms and education. Sec. 4095. Pre-exclusion hearings. Sec. 4096. Limitation of beneficiary liability for services disallowed by peer review organizations. Sec. 4097. Separate funding levels. Subtitle B— Medicaid Part 1— Eligibility and Benefits. Sec. 4101. Medicaid benefits for poor children and pregnant women. Sec. 4102. Home and community-based services for the elderly. Sec. 4103. Physicians’ services furnished by dentists. Sec. 4104. Optional medicaid coverage of individuals in certain States receiving only optional State1414Copy read “states”, and “state”, respectively. supplementary payments. Sec. 4105. Miscellaneous SSI-related amendments. Sec. 4106. Clarification of coverage of clinic services furnished to homeless outside facility. Sec. 4107. Medically needy income levels for certain 2-member couples in California.1515Copy read “California.”. Part 2— Other Provisions Sec. 4111. Increasing the maximum annual medicaid payments that may be made to the commonwealths and territories. Sec. 4112. Adjustment in medicaid payment for inpatient hospital services furnished by disproportionate share hospitals. Sec. 4113. HMO-related provisions. Sec. 4114. Medicaid waiver for hospice care for AIDS patients. Sec. 4115. State demonstration projects. Sec. 4116. Waiver authority under the medicaid program for the Northern Mariana Islands.1616Copy read “northern mariana islands.”. Sec. 4117. Delay quality control sanctions for medicaid. Sec. 4118. Technical and miscellaneous amendments. Subtitle C— Nursing Home Reform Part 1— Medicare Program Sec. 4201. Requirements for skilled nursing facilities. Sec. 4202. Survey and certification process. Sec. 4203. Enforcement process. Sec. 4204. Effective dates. Sec. 4205. Annual report. Sec. 4206. Construction. 101 STAT. 1330–42 Part 2— Medicaid Program Sec. 4211. Requirements for nursing facilities. Sec. 4212. Survey and certification process. Sec. 4213. Enforcement process. Sec. 4214. Effective dates. Sec. 4215. Annual report. Sec. 4216. Construction. Sec. 4217. Final regulations with respect to plans of correction or reduction. Sec. 4218. Medicaid certifications and recertifications for certain services. Subtitle D— Vaccine Compensation Sec. 4301. Short title, reference. Sec. 4302. Effective date. Sec. 4303. Compensation. Sec. 4304. Petitions. Sec. 4305. Citizen’s actions. Sec. 4306. Vaccine administrators.16a16aCopy read “Vacine”. Sec. 4307. Court jurisdiction. Subtitle E— Rural Health Sec. 4401. Office of Rural Health Policy. Sec. 4402. Impact analyses of medicare rules and regulations on small rural hospitals. Sec. 4403. Set aside for experiments and demonstration projects relating to rural health care issues. **PART 1—** **RELATING ONLY TO PART A** SEC. 4001. EXTENSION OF REDUCTIONS UNDER SEQUESTER ORDER. [2 USC 902 note](/us/usc/t2/s902). Notwithstanding any other provision of law (including any otherPresident of U.S. provision of this Act), the reductions in the amount of payments required under title XVIII of the Social Security Act made by the final sequester order issued by the President on November 20, 1987, pursuant to section 2520b) of the Balanced Budget Emergency Deficit Control Act of 1985 shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act) through—
(1)March 31, 1988, with respect to payments for inpatient hospital services under such title (including payments under section 1886 of such title attributable or allocated to part A of such title); and
(2)December 31, 1987, with respect to payments for other items and services under part A of such title. SEC. 4002. BASIC HOSPITAL PROSPECTIVE PAYMENT RATES.
(a)Basic Update Factor for PPS Hospitals.— Clause
(i)of section 1886(b)(3)(B) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)) is amended by striking “and for fiscal year 1988” in subclause
(II)and all that follows through the end of such clause and inserting after such subclause the following: “(III) for fiscal year 1988, 3.0 percent for hospitals located in a rural area, 1.5 percent for hospitals located in a large urban area (as defined in subsection (d)(2)(D)), and 1.0 percent for other hospitals, “(IV) for fiscal year 1989, the market basket percentage increase minus 1.5 percent for hospitals located in a rural area, the market basket percentage increase minus 2.0 percent for hospitals located in a large urban area, and the market basket percentage increase minus 2.5 percent for other hospitals, and “(V) for fiscal year 1990 and each subsequent fiscal year, the market basket percentage for hospitals in all areas.”. 101 STAT. 1330–43
(b)Large Urban Area Defined.— The second sentence of section 1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D))16b16bCopy read “(42 U.S.C. 1395www(d)(2)(D))”. is amended by inserting after “under subsection
(a)by regulation;” the following: “the term ‘large urban area’ means, with respect to a fiscal year, such an urban area which the Secretary determines (in the publication described in subsection (e)(5)(B) before the fiscal year) has a population of more than 1,000,000 (as determined by the Secretary based on the most recent available population data published by the Bureau of the Census);”.
(c)Adjustment for Hospitals in Large Urban Areas or in Rural Areas.—
(1)In general.— Section 1886(d)(3) of such Act (42 U.S.C. 1395ww(d)(3)) is amended—
(A)in the matter before subparagraph (A), by striking “urban or rural areas” and inserting “large urban, other urban, or rural areas”;
(B)in first sentence of subparagraph (A)—
(i)by striking “The Secretary” and inserting “(i) For discharges occuring in a fiscal year beginning before October 1, 1987, the Secretary”,
(ii)by striking “each of fiscal years 1985, 1986, 1987, and 1988” and inserting “the fiscal year involved”, and
(iii)by striking “, and adjusted for subsequent fiscal years in accordance with the final determination of the Secretary under subsection (e)(4), and adjusted to reflect the most recent case-mix data available,”;
(C)by adding at the end of subparagraph
(A)the following new clauses: " “(ii) For discharges occurring in a fiscal year beginning on or after October 1, 1987, the Secretary shall compute an average standardized amount for hospitals located in a large urban area, for hospitals located in a rural area, and for hospitals located in urban areas, within the United States and within each region, equal to the respective average standardized amount computed for the previous fiscal year under this subparagraph increased by the applicable percentage increase under subsection (b)(3)(B)(i) with respect to hospitals located in the respective areas for the fiscal year involved. “(iii) Average standardized amounts computed under this paragraph shall be adjusted to reflect the most recent case-mix data available.”; and "
(D)in subparagraph (D)—
(i)by striking “urban and rural hospitals” in the heading and inserting “hospitals in different areas”,
(ii)in clause (i), by inserting “(or, for discharges occurring on or after April 1, 1988, in a large urban area or other urban area)” after “urban area” the first place it appears, and
(iii)in clause (i), by inserting “such” before “an urban area” the second place it appears.
(2)Conforming amendments.— Section 1886(d)(9)(A) of such Act (42 U.S.C. 1395ww(d)(9)(A)) is amended—
(A)in clause (ii)(I), by striking “an urban area, and” and inserting “a large urban area,”; 101 STAT. 1330–44
(B)by redesignating subclause
(II)of clause
(ii)as subclause (III); and
(C)by inserting after subclause
(I)of clause
(ii)the following new subclause: " “(II) such rate for hospitals located in other urban areas, and”. "
(d)Establishment of Regional Floor.— Section 1886(d)(1)(A)(iii) of such Act (42 U.S.C. 1395ww(d)(1)(A)(iii)) is amended by inserting before the period at the end the following: “, or, if greater for discharges occurring during the period beginning on April 1, 1988, and ending on September 30, 1990, the sum of
(I)85 percent of the national adjusted DRG prospective payment rate determined under paragraph
(3)for such discharges, and
(II)15 percent of the regional adjusted DRG prospective payment rate determined under such paragraph”.
(e)Update for PPS-Exempt Hospitals.— Section 1886(b)(3)(B) of such Act (42 U.S.C. 1395ww(b)(3)(B)) is amended—
(1)in clause (i), by striking “subparagraph
(A)for 12-month cost reporting periods beginning during a fiscal year and for purposes of”,
(2)in clause (ii), by striking “(ii) For purposes of clause (i)” and inserting “(iii) For purposes of this subparagraph”, and
(3)by inserting after clause
(i)the following new clause: “(ii) For purposes of subparagraph (A), the ‘applicable percentage increase’ for 12-month cost reporting periods beginning during— “(I) fiscal year 1986, is 0.5 percent, “(II) fiscal year 1987, is 1.15 percent, “(III) fiscal year 1988, is the market basket percentage increase minus 2.0 percentage points, and “(IV) subsequent fiscal years is the market basket percentage increase.”.
(f)Related Conforming and Technical Amendments.—
(1)Section 1886 of such Act (42 U.S.C. 1395ww) is further amended—
(A)by adding at the end of subsection (d)(2)(D) the following new sentence: “For purposes of payment under this subsection, a hospital is considered to be located in an urban area or large urban area, respectively, if the hospital is paid under this subsection at the rate for hospitals located in such an area.”;
(B)in subsection (e)(3)(B), by striking “or determine”;
(C)in subsection (e)(4)—
(i)by striking “for fiscal year 1988” and inserting “for each fiscal year (beginning with fiscal year 1988)”,
(ii)by striking “and shall determine for each subsequent fiscal year” and all that follows through “fiscal year, and”, and
(iii)by amending the last sentence to read as follows: “The appropriate change factor may be different for all large urban subsection
(d)hospitals, other urban subsection
(d)hospitals, urban subsection
(d)Puerto Rico hospitals, rural subsection
(d)hospitals, and rural subsection
(d)Puerto Rico hospitals, and all other hospitals and units not paid under subsection (d), and may vary among such other hospitals and units.”; and
(D)in paragraph (5), by striking “or determination” each place it appears. 101 STAT. 1330–45
(2)Subsection (a)(1)(B)(ii) of section 107 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119) is amended, effective as of the date of[42 USC 1395WW note](/us/usc/t42/s1395WW). the enactment of such Act, by inserting “, the target percentage and DRG percentage shall be those specified in subsection (d)(1)(C)(iv) of such section, and the applicable percentage increase in a hospital’s target amount shall be deemed to be 0 percent” before the period at the end.
(g)Effective Dates.— [42 USC 1395WW note](/us/usc/t42/s1395WW).
(1)PPS hospitals, drg portion of payment.— In the case of a subsection
(d)hospital (as defined in paragraph (6))—
(A)the amendments made by subsections
(a)and
(c)shall apply to payments made under section 1886(a)(1)(A)(iii) of the Social Security Act on the basis of discharges occurring on or after April 1, 1988, and
(B)for discharges occurring on or after October 1, 1988, the applicable percentage increase (described in section 1886(d)(3)(B) of such Act)1717Copy read “Act))”. for discharges occurring during fiscal year 1987 is deemed to have been such percentage increase as amended by subsection (a).
(2)PPS sole community hospitals, hospital specific portion of payment.— In the case of a subsection
(d)hospital which receives payments made under section 1886(d)(1)(A) of the Social Security Act because it is a sole community hospital—
(A)the amendment made by subsections
(a)and
(c)shall apply to payments under section 1886(d)(1)(A)(ii)(I) of the Social Security Act made on the basis of discharges occurring during a cost reporting period of a hospital, for the hospital’s cost reporting period beginning on or after October 1, 1987;
(B)notwithstanding subparagraph (A), for cost reporting period beginning during fiscal year 1988, the applicable percentage increase (as defined in section 1886(d)(3)(B) of such Act) for the—
(i)first 51 days of the cost reporting period shall be 0 percent,
(ii)next 132 days of such period shall be 2.7 percent, and
(iii)remainder of such period of the cost reporting period shall be the applicable percentage increase (as so defined, as amended by subsection (a)); and
(C)for cost reporting periods beginning on or after October 1, 1988, the applicable percentage increase (as so defined) with respect to the previous cost reporting period shall be deemed to have been the applicable percentage increase (as so defined, as amended by subsection (a)).
(3)PPS-exempt hospitals.— In the case of a hospital that is not a subsection
(d)hospital—
(A)the amendments made by subsection
(e)shall apply to cost reporting periods beginning on or after October 1, 1987;
(B)notwithstanding subparagraph (A), for the hospital’s cost reporting period beginning during fiscal year 1988, payment under title XVIII of the Social Security Act shall be made as though the applicable percentage increase de-101 STAT. 1330–46scribed in section 1886(b)(3)(B) of such Act were equal to the product of 2.7 percent and the ratio of 315 to 366; and
(C)for cost reporting periods beginning on or after October 1, 1988, the applicable percentage increase (as so defined) with respect to the cost reporting period beginning during fiscal year 1988 shall be deemed to have been 2.7 percent.
(4)Definition, regional floor, and technical and conforming amendments.— Effective date. The amendments made by subsections
(b)and
(d)and paragraphs
(1)and
(2)of subsection (0 shall take effect on the date of the enactment of this Act.
(5)Transition for large urban area rates.— In computing the average standardized amount for hospitals located in a large urban area or other urban area under section 1886(d)(3)(A)(ii) of the Social Security Act (as amended by subsection (c)) for fiscal year 1988, the reference to “the respective average standardized amount computed for the previous fiscal year under this subparagraph” is deemed a reference to the average standardized amount computed for hospitals located in an urban area for the 51-day period beginning on October 1, 1987.
(6)Definition.— In this subsection, the term “subsection
(d)hospital” has the meaning given such term in section 1886(d)(10)(B) of the Social Security Act. SEC. 4003. INCREASE IN DISPROPORTIONATE SHARE ADJUSTMENT AND REDUCTION IN INDIRECT MEDICAL EDUCATION PAYMENTS.
(a)Reduction in Indirect Medical Education Payments.—
(1)Section 1886(d)(5)(B)(ii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(ii)) is amended—
(A)in subclause (I), by striking “2” and inserting in lieu thereof “1.89”; and
(B)in subclause (II), by striking “1.5” and inserting in lieu thereof “1.43”.
(2)Section 1886(d)(3)(C)(ii) of such Act (42 U.S.C. 1395ww(d)(3)(C)(ii)) is amended by inserting “and by section 4003(a)(1) of the Omnibus Budget Reconciliation Act of 1987” after “1985” each place it appears in subclauses
(I)and (II).
(b)Increase in Disproportionate Share Adjustment.— Section 1886(d)(5)(F) of such Act (42 U.S.C. 1395ww(d)(5)(B))—
(1)in clause (iii), by striking “15 percent“ and inserting “25 percent”, and
(2)in clause (iv)(I), by striking “the lesser of 15 percent, or”.
(c)Extension of Disproportionate Share Adjustment.— Sections 1886(d)(2)(C)(iv) (42 U.S.C. 1395ww(d)(2)(C)(iv)), 1886(d)(3)(C)(ii)(I) (42 U.S.C. 1395ww(d)(3)(C)(ii)(I)), 1886(d)(3)(C)(ii)(II) (42 U.S.C. 1395ww(d)(3)(C)(ii)(II)), 1886(d)(5)(B)(ii)(I) (42 U.S.C. 1395ww(d)(5)(B)(ii)(I)), 1886(d)(5)(B)(ii)(II) (42 U.S.C. 1395ww(d)(5)(B)(ii)(II)), and 1886(d)(5)(F)(i) (42 U.S.C. 1395ww(d)(5)(F)(i)) of the Social Security Act are each amended by striking “1989” and inserting in lieu thereof “1990”.
(d)Special Rule.— In the case of a hospital which—
(1)consists of 2 inpatient hospital facilities which are more than 4 miles apart and each of which is in a separate political jurisdiction within the same State and one of which meets the criteria under section 1886(d)(5)(F) of the Social Security Act for serving a significantly disproportionate number of low-income patients as if that facility were a separate hospital; and 101 STAT. 1330–47
(2)receives payments for inpatient hospital services under title XVIII of the Social Security Act which are less than the hospital’s reasonable costs, the Secretary of Health and Human Services, upon application by the hospital, may treat each of the facilities of hospital as separate hospitals for purposes of applying section 1886(d)(5)(F) of the Social Security Act, for discharges occurring on or after October 1, 1988.
(e)Effective Date.— The amendments made by this section shall[42 USC 1395WW note](/us/usc/t42/s1395WW). apply to payments for discharges occurring on or after October 1, 1988. SEC. 4004. PROVISIONS RELATING TO WAGE INDEX.
(a)Survey.— Section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended by adding at the end the following: “Not later than October 1, 1990 (and at least every 36 months thereafter), the Secretary shall update the factor under the preceding sentence on the basis of a survey conducted by the Secretary (and updated as appropriate) of the wages and wage-related costs of subsection
(d)hospitals in the United States. To the extent determined feasible by the Secretary, such survey shall measure the earnings and paid hours of employment by occupational category and shall exclude data with respect to the wages and wage-related costs incurred in furnishing skilled nursing facility services.”.
(b)Clinic Hospital Wage Indices.— In calculating the wage index[42 USC 1395WW note](/us/usc/t42/s1395WW). under section 1886(d) of the Social Security Act for purposes of making payment adjustments after September 30, 1988, as required under paragraphs (2)(H) and (3)(E) of such section, in the case of any institution which received the waiver specified in section 602(k) of the Social Security Amendments of 1983, the Secretary of Health and Human Services shall include wage costs paid to related organization employees directly involved in the delivery and administration of care provided by the related organization to hospital inpatients. For purposes of the preceding sentence, the term “wage costs” does not include costs of overhead or home office administrative salaries or any costs that are not incurred in the hospital’s Metropolitan Statistical Area. SEC. 4005. RURAL HOSPITALS.
(a)Revision of Standards for Including a Rural County in an Urban Area.—
(1)Treating certain rural hospitals adjacent to urban areas as urban hospitals.— Section 1886(d)(8) of the Social Security Act (42 U.S.C. 1395ww(d)(8))—
(A)by redesignating clauses
(i)and
(ii)of subparagraphs
(A)and
(B)as subclauses
(I)and (II), respectively,
(B)by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively,
(C)by inserting “(A)” after “(8)”, and
(D)by adding at the end the following new subparagraph: " “(B) The Secretary shall treat a hospital located in a rural county adjacent to one or more urban areas as being located in the urban metropolitan statistical area to which the greatest number of workers in the county commute, if— “(i) the rural county would otherwise be considered part of an urban area but for the fact that the rural county does not meet the standard relating to the rate of commutation between the101 STAT. 1330–48 rural county and the central county or counties of any adjacent urban area; and “(ii) either
(I)the number of residents of the rural county who commute for employment to the central county or counties of any adjacent urban area is equal to at least 15 percent of the number of residents of the rural county who are employed, or
(II)the sum of the number of residents of the rural county who commute for employment to the central county or counties of any adjacent urban area and the number of residents of any adjacent urban area who commute for employment to the rural county is at least equal to 20 percent of the number of residents of the rural county who are employed. “(C) The Secretary shall make a proportional adjustment in the standardized amount determined under paragraph
(3)for hospitals located in an urban area to assure that the provisions of subparagraph
(B)do not result in aggregate payments under this section that are greater or less than those that would otherwise be made. The Secretary shall make such adjustment in payments under this section to hospitals located in rural areas as are necessary to assure that the aggregate of payments to rural hospitals not affected by subparagraph
(B)are not changed as a result of the application of subparagraph (B).”. "
(2)Location of hospital.— For purposes of section 1886 of the Social Security Act, Watertown Memorial Hospital in Watertown, Wisconsin is deemed to be located in Jefferson County, Wisconsin.
(3)Effective date.— This section, and the amendments made[42 USC 1395WW note](/us/usc/t42/s1395WW). by paragraph (1), shall apply to discharges occurring on or after October 1, 1988.
(b)Expansion of Swing-Bed Program.—
(1)Expansion to hospitals with fewer than 100 beds.— Section 1883(b)(1) of the Social Security Act (42 U.S.C. 1395tt(b)(l)) is amended by striking “50 beds” and inserting “100 beds”.
(2)Requirements for hospitals with more than 49 beds.— Section 1883(d) of such Act (42 U.S.C. 1395dd(d)) is amended—[42 USC 1395tt](/us/usc/t42/s1395tt).
(A)by inserting “(1)” after “(d)”, and
(B)by adding at the end the following new paragraphs: " “(2)
(A)Any agreement under this section with a hospital with more than 49 beds shall provide that no payment may be made for extended care services which are furnished to an extended care patient after the end of the 5-day period (excluding weekends and holidays) beginning on an availability date for a skilled nursing facility, unless the patient’s physician certifies, within such 5-day period, that the transfer of that patient to that facility is not medically appropriate on the availability date. The Secretary shallRegulations. prescribe regulations to provide for notice by skilled nursing facilities of availability dates to hospitals which have agreements under this section and which are located within the same geographic region (as defined by the Secretary). “(B) In this paragraph: “(i) The term ‘availability date’ means, with respect to an extended care patient at a hospital, any date on which a bed is available for the patient in a skilled nursing facility located within the geographic region in which the hospital is located. 101 STAT. 1330–49 “(ii) The term ‘extended care patient’ means an individual being furnished extended care services at a hospital pursuant to an agreement with the Secretary under this section. “(3) In the case of an agreement for a cost reporting period under this section with a hospital that has more than 49 beds, payment may not be made in the period for patient-days of extended care services that exceed 15 percent of the product of the number of days in the period and the average number of licensed beds in the hospital in the period.”. "
(3)Report.— The Secretary of Health and Human Services[42 USC 1395tt note](/us/usc/t42/s1395tt). shall report to Congress, not later than February 1, 1989, concerning—
(A)the proportion of admissions to hospitals for extended care services under section 1883 of the Social Security Act which are denied or approved by a peer review organization under section 1154(a)(1) of such Act, and
(B)on recommendations for methods of encouraging hospitals that—
(i)have a low occupancy rate,
(ii)are eligible to enter (but have not entered) into an agreement under section 1883 of such Act, and
(iii)are located in areas with a need for additional providers of extended care services, to enter into such agreements.
(4)Effective date.— The amendments made by paragraphs[42 USC 1395tt note](/us/usc/t42/s1395tt).
(1)and
(2)shall apply to agreements under section 1883 of the Social Security Act entered into after March 31, 1988.
(c)Payments to Sole Community Hospitals.—
(1)Section 1886(d)(5)(C)(ii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(C)(ii)) is amended—
(A)by striking “1988” in the second sentence and inserting “1990”, and
(B)by inserting after the second sentence the following: “A subsection
(d)hospital that meets the criteria for classification as a sole community hospital and otherwise qualifies for the adjustment authorized by the preceding sentence may qualify for such an adjustment without regard to the formula by which payments are determined for the hospital under paragraph (1)(A).”.
(A)The amendments made by paragraph
(1)shall apply to[42 USC 1395WW note](/us/usc/t42/s1395WW). cost reporting periods beginning on or after October 1, 1987
(B)The Secretary of Health and Human Services shall take appropriate steps to ensure that the total amount paid in a fiscal year under title XVIII of the Social Security Act by reason of the amendment made by paragraph (1)(B) does not exceed $5,000,000 in the case of fiscal year 1988 and $10,000,000 for fiscal year 1989.
(d)Medicare Classification of Rural Referral Centers.—
(1)Extension of classification.—
(A)In general.— The first sentence of section 1886(d)(5)(C)(i)(I) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(C)(i)(I)) is amended by striking “500” and inserting “275”.
(B)Effective date.— The amendment made by subparagraph[42 USC 1395WW note](/us/usc/t42/s1395WW).
(A)shall apply to discharges occurring on or after April 1, 1988.
(2)Study.— [42 USC 1395WW note](/us/usc/t42/s1395WW). 101 STAT. 1330–50
(A)In general.— The Secretary of Health and Human Services shall provide for a study of the criteria used for the classification of hospitals as rural referral centers under section 1886(d)(5)(C)(i) of the Social Security Act. The study shall include an examination of—
(i)the extent that hospitals classified as rural referral centers receive more or less than their actual costs of providing inpatient hospital services, and
(ii)the appropriateness of providing for payment for such centers at a rate other than the rate for a hospital located in an other urban area.
(B)Report.— The Secretary shall report to Congress, by not later than March 1, 1989, on the study conducted under subparagraph
(A)and on recommendations for the criteria that should be applied under section 1886(d)(5)(C)(i) of the Social Security Act for the classification of hospitals as rural referral centers for cost reporting periods beginning on or after October 1, 1989.
(e)Grant Program for Rural Health Care Transition.— [42 USC 1395WW note](/us/usc/t42/s1395WW).
(1)The Administrator of the Health Care Financing Administration, in consultation with the Assistant Secretary for Health (or a designee), shall establish a program of grants to assist eligible small rural hospitals and their communities in the planning and implementation of projects to modify the type and extent of services such hospitals provide in order to adjust for one or more of the following factors:
(A)Changes in clinical practice patterns.
(B)Changes in service populations.
(C)Declining demand for acute-care inpatient hospital capacity.
(D)Declining ability to provide appropriate staffing for inpatient hospitals.
(E)Increasing demand for ambulatory and emergency services.
(F)Increasing demand for appropriate integration of community health services.
(G)The need for adequate access (including appropriate transportation) to emergency care and inpatient care in areas in which a significant number of underutilized hospital beds are being eliminated.
(H)The Administrator shall submit a final report on the program to the Congress not later than 180 days after all projects receiving a grant under the program are completed. Each demonstration project under this subsection shall demonstrate methods of strengthening the financial and managerial capability of the hospital involved to provide necessary services. Such methods may include programs of cooperation with other health care providers, of diversification in services furnished (including the provision of home health services), of physician recruitment, and of improved management systems.
(2)For purposes of this subsection, the term “eligible small rural hospital”1818Copy read “ ‘eligible small rural hospital’ ”. means any non-Federal, short-term general acute care hospital that— 101 STAT. 1330–51
(A)is located in a rural area (as determined in accordance with subsection (d)),
(B)has less than 100 beds, and
(C)is not for profit.
(A)Any eligible small rural hospital that desires to modify the type or extent of health care services that it provides in order to adjust for one or more of the factors specified in paragraph
(1)may submit an application to the Governor of the State in which it is located. The application shall specify the nature of the project proposed by the hospital, the data and information on which the project is based, and a timetable (of not more than 24 months) for completion of the project. The application shall be submitted on or before a date specified by the Administrator and shall be in such form as the Administrator may require.
(B)The Governor shall transmit any application submitted pursuant to subparagraph
(A)to the Secretary not later than 30 days after it is received by the Governor, accompanied by any comments with respect to the application that the Governor deems appropriate.
(C)The Governor of a State may designate an appropriate State agency to receive and comment on applications submitted under subparagraph (A).
(4)A hospital shall be considered to be located in a rural area for purposes of this subsection if it is treated as being located in a rural area for purposes of section 1886(d)(3)(D) of the Social Security Act.
(5)In determining which hospitals making application under paragraph
(3)will receive grants under this subsection, the Administrator shall take into account—
(A)any comments received under paragraph (3)(B) with respect to a proposed project;
(B)the effect that the project will have on—
(i)reducing expenditures from the Federal Hospital Insurance Trust Fund,
(ii)improving the access of medicare beneficiaries to health care of a reasonable quality;
(C)the extent to which the proposal of the hospital, using appropriate data, demonstrates an understanding of—
(i)the primary market or service area of the hospital, and
(ii)the health care needs of the elderly and disabled that are not currently being met by providers in such market or area, and
(D)the degree of coordination that may be expected between the proposed project and—
(i)other local or regional health care providers, and
(ii)community and government leaders, as evidenced by the availability of support for the project (in cash or in kind) and other relevant factors.
(6)A grant to a hospital under this subsection may not exceed $50,000 a year and may not exceed a term of 2 years.
(A)Except as provided in subparagraphs
(D)and (C), a hospital receiving a grant under this subsection may use the grant for any of expenses incurred in planning and implementing the project with respect to which the grant is made. 101 STAT. 1330–52
(B)A hospital receiving a grant under this subsection for a project may not use the grant to retire debt incurred with respect to any capital expenditure made prior to the date on which the project is initiated.
(C)Not more than one-third of any grant made under this subsection may be expended for capital-related costs (as defined by the Secretary for purposes of section 1886(a)(4) of the Social Security Act) of the project.
(A)A hospital receiving a grant under this section shall furnish the Administrator with such information as the Administrator may require to evaluate the project with respect to which the grant is made and to ensure that the grant is expended for the purposes for which it was made.
(B)The Administrator shall report to the Congress at leastReports. once every 6 months on the program of grants established under this subsection. The report shall assess the functioning and status of the program, shall evaluate the progress made toward achieving the purposes of the program, and shall include any recommendations the Secretary may deem appropriate with respect to the program. In preparing the report, the Secretary shall solicit and include the comments and recommendations of private and public entities with an interest in rural health care.
(C)The Administrator shall submit a final report on theReports. program to the Congress not later than 180 days after all projects receiving a grant under the program are completed.
(9)For purposes of carrying out the program of grants under this subsection, there are authorized to be appropriated from the Federal Hospital Insurance Trust Fund $15,000,000 for each of the fiscal years 1989 and 1990. SEC. 4006. PAYMENTS FOR HOSPITAL CAPITAL.
(a)Reductions in Payments for Capital.— Section 1886(g)(3)(A) of the Social Security Act (42 U.S.C. 1395ww(g)(3)(A)) is amended—
(A)in clause (ii), by striking “, and” and inserting “on or after October 1, 1987, and before January 1, 1988,”,
(B)by striking clause
(iii)and inserting the following: " “(iii) 12 percent for payments attributable to portions of cost reporting periods or discharges (as the case may be) in fiscal year 1988, occurring on or after January 1, 1988, and “(iv) 15 percent to portions of cost reporting periods or discharges (as the case may) be occurring during fiscal year 1989.”. "
(b)Prospective Payment for Capital-Related Costs.—
(1)In general.— Paragraph
(1)of section 1886(g) of such Act (42 U.S.C. 1395ww(g)) is amended to read as follows: " “(g)
(A)Notwithstanding section 1861(v), instead of any amounts that are otherwise payable under this title with respect to the reasonable costs of subsection
(d)hospitals and subsection
(d)Puerto Rico hospitals for capital-related costs of inpatient hospital services, the Secretary shall, for hospital cost reporting periods beginning on or after October 1, 1991, provide for payments for such costs in accordance with a prospective pa3mient system established by the Secretary. “(B) Such system— “(i) shall provide for
(I)a payment on a per discharge basis, and
(II)an appropriate weighting of such payment amount as relates to the classification of the discharge; 101 STAT. 1330–53 “(ii) may provide for an adjustment to take into account variations in the relative costs of capital and construction for the different types of facilities or areas in which they are located; “(iii) may provide for such exceptions (including appropriate exceptions to reflect capital obligations) as the Secretary determines to be appropriate, and “(iv) may provide for suitable adjustment to reflect hospital occupancy rate. “(C) In this paragraph, the term ‘capital-related costs’ has the meaning given such term by the Secretary under subsection (a)(4) as of September 30, 1987, and does not include a return on equity capital.”. "
(2)Conforming amendment.— Section 1886 of such Act is[42 USC 1395WW](/us/usc/t42/s1395WW). amended—
(A)in subsection (a)(4), by striking “with respect to costs incurred in cost reporting periods beginning prior to October 1 of 1987 (or of such later year as the Secretary may, in his discretion, select), other capital-related costs, as defined by the Secretary” and inserting “other capital-related costs (as defined by the Secretary for periods before October 1, 1987)”, and
(B)by striking subparagraph
(C)of subsection (g)(3).
(3)Effective dates.— The amendment made by paragraph (1)[42 USC 1395WW note](/us/usc/t42/s1395WW). shall take effect on October 1, 1987. The amendments made by paragraph
(2)shall apply to cost reporting periods beginning on or after October 1, 1987.
(c)Propac Report on Adjustment for Hospital Occupancy.— The Prospective Payment Assessment Commission shall study and report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, by not later than May 1, 1988, on the suitability and feasibility of linking payment for capital-related costs under part A of title XVIII of the Social Security Act to hospital occupancy rates. SEC. 4007. REPORTING HOSPITAL INFORMATION. [42 USC 1395WW note](/us/usc/t42/s1395WW).
(a)Development of Data Base.— The Secretary of Health and Human Services (in 1919Copy read “Services, (in”. this section referred to as the “Secretary”) shall develop and place into effect not later than June 1, 1989, a data base of the operating costs of inpatient hospital services with respect to all hospitals under title XVIII of the Social Security Act, which data base shall be updated at least once every quarter (and maintained for the 12-month period preceding any such update). The data base under this subsection may include data from preliminary cost reports (but the Secretary shall make available an updata analysis of the differences between preliminary and settled cost reports).
(b)Reporting of Information Electronically.—
(1)2020Copy read “Electronically.—Subject” Subject to paragraph (2), with respect to hospital cost reporting periods beginning on or after October 1, 1989, the Secretary shall place into effect a standardized electronic cost reporting format for hospitals under the medicare program.
(2)The Secretary may delay or waive the implementation of such format in particular instances where such implementation101 STAT. 1330–54 would result in financial hardship (in particular with respect to a small percentage of medicare volume),
(c)Demonstration Project.—
(1)The Secretary of Health and Human Services shall provide for a 3-year demonstration project to develop, and determine the costs and benefits of establishing a uniform system for the reporting by medicare participating hospitals of balance sheet and information described in paragraph (2), In contracting theContracts. project, the Secretary shall require hospitals in at least 2 States, one of which maintains a uniform hospital reporting system, to report such information based on standard information established by the Secretary.
(2)The information described in this paragraph is as follows:
(A)Hospital discharges (classified by category of service and by class of primary payer).
(B)Patient days (classified by category of service and by class of primary payer).
(C)Licensed beds, staffed beds, and occupancy (by category of service).
(D)Outpatient visits (classified by class of primary payer).
(E)Inpatient charges and revenues (classified by class of primary payer).
(F)Outpatient charges and revenues (classified by class of primary payer).
(G)Inpatient and outpatient hospital expenses (by cost-center classified for operating and capital).
(H)Reasonable costs.
(I)Other income.
(J)Uncompensated care (classified by bad debt and charity care).
(K)Capital acquisitions.
(L)Capital assets.
(3)The Secretary shall develop the system under subsection
(c)in a manner so as—
(A)to facilitate the submittal of the information in the report in an electronic form, and
(B)to be compatible with the needs of the medicare prospective payment system.
(4)The Secretary shall prepare and submit, to the Prospective Payment Assessment Commission, the Comptroller General, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, by not later than 45 days after the end of each calendar quarter, data collected under the system.
(5)In paragraph (3):
(A)The terms “bad debt” and “charity care” have such meanings as the Secretary establishes.
(B)The term “class” means, with respect to payers, the programs under this title VIII of the Social Security Act, a State plan approved under title XIX of such Act, other third party-payers, and self-paying individuals.
(6)2121Copy read “(7)”The Secretary shall set aside at least $1,000,000 for each of fiscal years 1988, 1989, and 1990 from existing research funds101 STAT. 1330–55 to develop the format, according to paragraph (1), and at least $2,000,000 from program operations funds for data collection and analysis, but total funds shall not exceed $15,000,000 over 3 years.
(7)2222Copy read “(8)”. The Comptroller General shall analyze the adequacy of the existing system for reporting of hospital information and the costs and benefits of data reporting under the demonstration system and will recommend improvements in hospital data collection and in analysis and display of data in support of policy making. 2323“(J)” Paragraph had wrong indention.(d) Consultation.— The Secretary shall consult representatives of the hospital industry in carrying out the provisions of this section. SEC. 4008. OTHER PROVISIONS RELATING TO PAYMENT FOR INPATIENT HOSPITAL SERVICES.
(a)Massachusetts Medicare Repayment.— The Secretary of Health and Human Services shall not, on or after the date of the enactment of this Act, and before January 1, 1989, recoup from, or otherwise reduce payments to, hospitals in the State of Massachusetts because of alleged overpayments to such hospitals under part A of title XVIII of the Social Security Act which occurred during the period of the statewide hospital reimbursement demonstration project conducted in that State, between October 1, 1982, and June 30, 1986, under section 402 of the Social Security Amendments of 1967 and section 222 of the Social Security Amendments of 1972.
(b)Clarification of Section 1814(b) State Waiver Authority.—
(1)Application of aggregate test.— Section 181403)(3)(B) of the Social Security Act (42 U.S.C. 1395f(b)(3)(B)) is amended by striking "“ate of increase for the previous three-year period” and inserting “aggregate rate of increase from October 1, 1983, to the most recent date for which annual data are available”.
(2)Effective date.— The amendment made by paragraph (1)[42 USC 1395f note](/us/usc/t42/s1395f). shall take effect on the date of the enactment of this Act.
(c)Continuation of Bad Debt Recognition for Hospital Services.— [42 USC 1395f note](/us/usc/t42/s1395f). In making payments to hospitals under title XVIII of the Social Security Act, the Secretary of Health and Human Services shall not make any change in the policy in effect on August 1, 1987, with respect to payment under title XVIII of the Social Security Act to providers of service for reasonable costs relating to unrecovered costs associated with unpaid deductible and coinsurance amounts incurred under such title (including criteria for what constitutes a reasonable collection effort).
(d)Hospital Outlier Payments and Policy.— [42 USC 1395WW note](/us/usc/t42/s1395WW).
(1)Increase in outlier payments for burn center drgs.—
(A)In general.— For discharges classified in diagnosis-related groups relating to burn cases and occurring on or after April 1, 1988, and before October 1, 1989, the marginal cost of care permitted by the Secretary of Health and Human Services under section 1886(d)(5)(A)(iii) of the Social Security Act shall be 90 percent of the appropriate per diem cost of care or 90 percent of the cost for cost outliers.
(B)Budget neutrality.— Subparagraph
(A)shall be implemented in a manner that ensures that total payments under section 1886 of the Social Security Act are not in-101 STAT. 1330–56creased or decreased by reason of the adjustments required by such subparagraph.
(2)Limitation on changes in outlier regulations.—
(A)In general.— Notwithstanding any other provision of law, except as required to implement specific provisions required under statute, the Secretary of Health and Human Services is not authorized to issue in final form, after the date of the enactment of this Act and before September 1, 1988, any final regulation which changes the method of payment for outlier cases under section 1886(d)(5)(A) of the Social Security Act.
(B)Propac 2424“Copy read “PROPAC”. report.— The chairman of the Prospective Payment Assessment Commission shall report to the Congress and the Secretary of Health and Human Services, by not later than June 1, 1988, on the method of payment for outlier cases under such section and providing more adequate and appropriate payments with respect to burn outlier cases.
(3)Report on outlier payments.— The Secretary of Health and Human Services shall include in the annual report submitted to the Congress pursuant to section 1875(b) of the Social Security Act a comparison with respect to hospitals located in an urban area and hospitals located in a rural area in the amount of reductions under section 1886(d)(3)(B) of the Social Security Act and additional payments under section 1886(d)(5)(A) of such Act.
(e)Miscellaneous Accounting Provision.— Effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986, subsection
(d)of section 9307 of such Act is amended to read[42 USC 1395ww note](/us/usc/t42/s1395ww). as follows: " “(d) Miscellaneous Accounting Provision.— Notwithstanding any other provision of law, for purposes of section 1886(d)(1)(A) of the Social Security Act, in the case of a hospital that— “(1) had a cost reporting period beginning on September 28, 29, or 30 of 1985, “(2) is located in a State in which inpatient hospital services were paid in fiscal year 1985 pursuant to a Statewide demonstration project under section 402 of the Social Security Amendments of 1967 and section 222 of the Social Security Amendments of 1972, and “(3) elects, by notice to the Secretary of Health and Human Services by not later than April 1, 1988, to have this subsection apply, " during the first 7 months of such cost reporting period the ‘target percentage’ shall be 75 percent and the ‘DRG percentage’ shall be 25 percent, and during the remaining 5 months of such period the ‘target percentage’ and the ‘DRG percentage’ shall each be 50 percent.” SEC. 4009. MISCELLANEOUS PROVISIONS.
(a)Responsibilities of Medicare Hospitals in Emergency Cases.—
(1)Increase in civil monetary penalty.— Section 1867(d)(2) of the Social Security Act (42 U.S.C. 1395dd(d)(2)) is amended by striking “$25,000” and inserting “$50,000”. 101 STAT. 1330–57
(2)Exclusion from medicare program for violations— Section 1867(d)(1) of such Act is amended by adding at the end the following new sentence: “If a civil money penalty is imposed on a responsible physician under paragraph (2), the Secretary may impose the sanction described in section 1842(j)(2)(A) (relating to barring from participation in the medicare program) in the same manner as it is imposed under section 1842(j).”.
(3)Effective date.— The amendments made by this subsection[42 USC 1395dd note](/us/usc/t42/s1395dd). shall apply to actions occurring on or after the date of the enactment of this Act.
(b)Designation of Pediatric Hospitals as Meeting Certification as Heart Transplant Facility.— [42 USC 1395y note](/us/usc/t42/s1395y). For purposes of determining whether a pediatric hospital that performs pediatric heart transplants meets the criteria established by the Secretary of Health and Human Services for facilities in which the heart transplants performed will be considered to meet the requirement of section 1862(a)(1)(A) of the Social Security Act, the Secretary shall treat such a hospital as meeting such criteria if—
(1)the hospital’s pediatric heart transplant program is operated jointly by the hospital and another facility that meets such criteria,
(2)the unified program shares the same transplant surgeons and quality assurance program (including oversight committee, patient protocol, and patient selection criteria), and
(3)the hospital demonstrates to the satisfaction of the Secretary that it is able to provide the specialized facilities, services, and personnel that are required by pediatric heart transplant patients.
(c)Waiver of Inpatient Limitations for the Connecticut Hospice2525Copy read “limitations for the connecticut hospice.”..— Subsection
(a)of section 9307 of the Omnibus Budget Reconciliation Act of 1986 is amended— [100 Stat. 1995](/us/stat/100/1995).
(1)by striking “Temporary“ in the heading, and
(2)by striking “for hospice care provided before October 1, 1988,”.
(d)Revision of Appointment Process for Prospective Payment Assessment Commission.—
(1)In general.— Section 1886(e)(6)(B) of the Social Security Act (42 U.S.C. 1395ww(e)(6)(B)) is amended—
(A)in the first sentence, by striking “provide expertise and experience in the provision and financing of health care” and inserting “include individuals with national recognition for their expertise in health economics, hospital reimbursement, hospital financial management, and other related fields, who provide a mix of different professionals, broad geographic representation, and a balance between urban and rural representatives,”; and
(B)by striking the last sentence.
(2)Effective date.— The amendments made by paragraph (1)[42 USC 1395WW note](/us/usc/t42/s1395WW). shall apply to appointments made after the date of the enactment of this Act.
(e)Psychologists’ Services Furnished to Hospital Inpatients.— 101 STAT. 1330–58
(1)In general.— Section 1861(b)(3) of such Act (42 U.S.C. 1395x(b)(3)) is amended by inserting “(including clinical psychologist (as defined by the Secretary))” after “others” the first place it appears.
(2)Effective date.— The amendment made by paragraph (1)[42 USC 1395x note](/us/usc/t42/s1395x). shall apply with respect to services furnished on or after April 1, 1988.
(f)Hospital Condition of Participation Related to Individual Responsible for Care of Patient.— Section 1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended by inserting “with respect to whom payment may be made under this title” after “patient”,
(g)Delay in Requirements Relating to Hospital Standards for Organ Transplants and Standards for Organ Procurement Agencies.— [42 USC 1320b–8 note](/us/usc/t42/s1320b–8).
(1)Section 9318(b)(2) of the Omnibus Budget Reconciliation Act of 1986, as amended by section 107(c) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, is amended by striking “November 21, 1987” and inserting “March 31, 1988”.
(2)The amendment made by paragraph
(1)shall be effectiveEffective date.[42 USC 1320b–8 note](/us/usc/t42/s1320b–8). as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986.
(h)Propac Studies and Reports.— [42 USC 1395WW note](/us/usc/t42/s1395WW).
(1)Propac reports on study of drg rates for hospitals in rural and urban areas.— The Prospective Payment Assessment Commission shall evaluate the study conducted by the Secretary of Health and Human Services pursuant to section 603(a)(2)(C)(i) of the Social Security Amendments of 1983 (relating to the feasibility, impact, and desirability of eliminating or phasing out separate urban and rural DRG prospective payment rates) and report its conclusions and recommendations to the Congress not later than March 1, 1988.
(2)Propac report on separate urban payment rates.— The Prospective Payment Assessment Commission shall evaluate the desirability of maintaining separate DRG prospective payment rates for hospitals located in large urban areas (as defined in section 1886(d)(2)(D)) of the Social Security Act) and in other urban areas, and shall report to Congress on such evaluation not later than January 1, 1989.
(3)Report on adjustment for non-labor costs.— The Prospective Payment Assessment Commission shall perform an analysis to determine the feasibility and appropriateness of adjusting the non-wage-related portion of the adjusted average standardized amounts under section 1886(d)(3) of the Social Security Act based on area differences in hospitals’ costs (other than wage-related costs) and input prices. The Commission shall report to the Congress on such analysis by not later than October 1, 1989.
(i)Special Rule.— In the case of New England county metropolitan[42 USC 1395WW note](/us/usc/t42/s1395WW). areas, the Secretary of Health and Human Services shall apply the second sentence of section 1886(d)(2)(D) of the Social Security Act, as amended by section 4001(b) of this subtitle, as though 970,000 were substituted for 1,000,000.
(j)Technical Corrections.—
(1)Section 1886(a)(4) of the Social Security Act (42 U.S.C. 1395ww(a)(4)) is amended by inserting a comma after “educational activities”. 101 STAT. 1330–59
(2)Section 1886(d)(5)(C)(i)(II) of such Act (42 U.S.C. 1395ww(d)(5)(C)(i)(II)) is amended by inserting “index” after “case mix” both places it appears.
(3)Section 1886(d)(5)(F) of such Act (42 U.S.C. 1395ww(d)(5)(F)) is amended—
(A)in clause (i)(II), by striking “such revenues” the second place it appears and inserting “such net inpatient care revenues”, and
(B)in clause (iv)(I), by striking “subclause (III)” and inserting “clause (v)”.
(4)Section 1886(d)(9) of such Act (42 U.S.C. 1395ww(d)(9)) is amended by moving the matter in subparagraph
(B)before clause
(i)2 ems to the left so the left margin of such matter is aligned with the left margin of the matter in subparagraph
(5)Section 1886(h)(4)(C) of such Act (42 U.S.C. 1395ww(h)(4)(C)) is amended by striking “subparagraph (E)” and inserting “subparagraph (D)”.
(6)Effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986—
(A)subparagraph
(B)of section 9307(c)(1) of such Act is[42 USC 1395WW](/us/usc/t42/s1395WW). amended to read as follows: " “(B) in paragraph (2)— “(i) by striking subparagraphs
(A)and (B), “(ii) in subparagraph (C), by striking ‘such subsection’ and inserting ‘of section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)’ and by redesignating such subparagraph as subparagraph (A), and “(iii) by amending subparagraph
(D)to read as follows: “ ‘(B) The amendments made by subparagraph
(A)apply to[42 USC 1395WW note](/us/usc/t42/s1395WW). discharges occurring on or after May 1, 1986.’ ”; "
(B)section 9302(a)(2)(C) of such Act is amended by striking[42 USC 1395WW](/us/usc/t42/s1395WW). “1866(e)(5)” and inserting “1886(e)(5)”;
(C)section 9320(h)(1) of such Act is amended by striking[42 USC 1395y](/us/usc/t42/s1395y). “before the period” and inserting “before the semicolon”;
(D)section 9321(c)(4) of such Act is amended by striking[42 USC 1395WW note](/us/usc/t42/s1395WW). “second sentence” and all that follows through “operating costs” and inserting “second sentence of section 1886(a)(4) of the Social Security Act, from the term ‘operating costs”;
(E)the second sentence of section 9335(d)(2) of such Act is[42 USC 1395rr note](/us/usc/t42/s1395rr). amended by striking “establish” and inserting “designate”; and
(F)section 9321(c)(3) of such Act is amended by inserting[42 USC 1395WW note](/us/usc/t42/s1395WW). “"section 1861(v)(1)(O) and 1886(g)(2) of the Social Security Act and"” after “implementing”.
(7)Section 218(v) of the Social Security Act (42 U.S.C. 418(v)) is amended by striking paragraph (3).
(8)Effective as if included in the Tax Reform Act of 1986, section 1895(d)(6)(C) of such Act is amended by striking “603”[42 USC 300bb–6](/us/usc/t42/s300bb–6). and inserting “2203”. 101 STAT. 1330–60 **PART 2—** **PROVISIONS RELATING TO PARTS A AND B** **Subpart A—** **Health Maintenance Organization Reforms** SEC. 4011. BENEFICIARY PROTECTION.
(a)Post-Contract Protection for Enrollees with Eligible Organizations Under2626Copy read “under”. the Medicare Program.—
(1)Section 1876(c)(3) of such Act (42 U.S.C. 1395mm(b)(2)) is amended by adding at the end the following new subparagraph: " “(F) Each eligible organization that provides items and services pursuant to a contract under this section shall provide assurances to the Secretary that in the event the organization ceases to provide such items and services, the organization shall provide or arrange for supplemental coverage of benefits under this title related to a pre-existing condition with respect to any exclusion period, to all individuals enrolled with the entity who receive benefits under this title, for the lesser of six months or the duration of such period.”. "
(2)The amendment made by paragraph
(1)shall apply with[42 USC 1395mm note](/us/usc/t42/s1395mm). respect to contracts entered into or renewed on or after the date of enactment of this Act.
(b)Notification of Termination of Risk-Sharing Contract.—
(1)Section 1876(c)(3) of such Act, as amended by subsection (a)(1), is further amended by adding at the end the following new subparagraph: " “(G)
(i)Each eligible organization having a risk-sharing contract under this section shall notify individuals eligible to enroll with the organization under this section and individuals enrolled with the organization under this section that— “(I) the organization is authorized by law to terminate or refuse to renew the contract, and “(II) termination or nonrenewal of the contract may result in termination of the enrollments of individuals enrolled with the organization under this section. “(ii) The notice required by clause
(i)shall be included in— “(I) any marketing materials described in subparagraph
(C)that are distributed by an eligible organization to individuals eligible to enroll under this section with the organization, and “(II) any explanation provided to enrollees by the organization pursuant to subparagraph (E).”. "
(2)The amendment made by paragraph
(1)shall apply to[42 USC 1395mm note](/us/usc/t42/s1395mm). contracts entered into or renewed on or after the date of the enactment of this Act. SEC. 4012. PAYMENTS FOR HOSPITAL SERVICES.
(a)In General.— Section 1866(a)(1) of such Act (42 U.S.C. 1395cc(a)(1)) is amended by inserting immediately after subparagraph
(N)the following new subparagraph: " “(O) in the case of hospitals and skilled nursing facilities, toContracts. accept as payment in full for inpatient hospital and extended101 STAT. 1330–61 care services that are covered under this title and are furnished to any individual enrolled with an eligible organization with a risk-sharing contract under section 1876 the amounts (in the case of hospitals) or limits (in the case of skilled nursing facilities) that would be made as a payment in full under this title if the individuals were not so enrolled.”. "
(b)Repeal.— Section 1876(g)(4) of the Social Security Act (42 U.S.C. 1395mm(g)(4)) is repealed.
(c)Implementation.— The Secretary of Health and Human Services[42 USC 1395mm note](/us/usc/t42/s1395mm). shall provide (in machine readable form) to eligible organizations under section 1876 of the Social Security Act medicare DRG rates for payments required by the amendment made by paragraph
(2)and data on cost pass-through items for all inpatient services provided to medicare beneficiaries enrolled with such organizations.
(d)Effective Date.— The amendments made by subsections (a)[42 USC 1395mm note](/us/usc/t42/s1395mm). and
(b)shall apply to admissions occurring on or after April 1, 1988, or, if later, the earliest date the Secretary can provide the information required under subsection
(c)in machine readable form. SEC. 4013. TWO-YEAR EXTENSION ON PERIOD FOR BENEFIT STABILIZATION.
(a)In General.— Section 1876(g)(5) of the Social Security Act (42 U.S.C. 1395mm(g)(5)), as added by the amendment made by section 2350(a)(2) of the Deficit Reduction Act of 1984, is amended by striking “four” and inserting “six”.
(b)Effective Date.— The amendment made by subsection (a)[42 USC 1395mm note](/us/usc/t42/s1395mm). shall be effective as if included in the enactment of the amendment made by section 2350(a)(2) of the Deficit Reduction Act of 1984. SEC. 4014. CIVIL MONEY PENALTIES AND INTERMEDIATE SANCTIONS AGAINST HMOS/CMPS. Section 1876(i)(6) of the Social Security Act (42 U.S.C. 1395mm) is amended to read as follows: " “(6)
(A)If the Secretary determines that an eligible organizationContracts. with a contract under this section— “(i) fails substantially to provide medically necessary items and services that are required (under law or under the contract) to be provided to an individual covered under the contract, if the failure has adversely affected (or has substantial likelihood of adversely affecting) the individual; “(ii) imposes premiums on individuals enrolled under this section in excess of the premiums permitted; “(iii) acts to expel or to refuse to re-enroll an individual in violation of the provisions of this section; “(iv) engages in any practice that would reasonably be expected to have the effect of denying or discouraging enrollment (except as permitted by this section) by eligible individuals with the organization whose medical condition or history indicates a need for substantial future medical services; “(v) misrepresents or falsifies information that is furnished— “(I) to the Secretary under this section, or “(II) to an individual or to any other entity under this section; or “(vi) fails to comply with the requirements of subsection (g)(e)(A); the Secretary may provide for any of the remedies described in subparagraph (B). 101 STAT. 1330–62 “(B) The remedies described in this subparagraph are— “(i) civil money penalties of not more than $25,000 for each determination under subparagraph
(A)or, with respect to a determination under clause
(iv)or (v)(I), of not more than $100,000 for each such determination, “(ii) suspension of enrollment of individuals under this section after the date the Secretary notifies the organization of a determination under subparagraph
(A)and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur, or “(iii) suspension of payment to the organization under this section for individuals enrolled after the date the Secretary notifies the organization of a determination under subparagraph
(A)and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur. " The provisions of section 1128A (other than subsections
(a)and (b)) shall apply to a civil money penalty under clause
(i)in the same manner as they apply to a civil money penalty under that section.” SEC. 4015. MEDICARE PAYMENT DEMONSTRATION PROJECTS. [42 USC 1395mm note](/us/usc/t42/s1395mm).
(a)Medicare Insured Group Demonstration Projects.—
(1)The Secretary of Health and Human Services (in thisContracts. subsection referred to as the “Secretary”) may provide for capitation demonstration projects (in this subsection referred to as “projects”) with an entity which is an eligible organization with a contract with the Secretary under section 1876 of the Social Security Act or which meets the restrictions and requirements of this subsection. The Secretary may not approve a project unless it meets the requirements of this subsection.
(2)The Secretary may not conduct more than 3 projects and may not expend, from funds under title XVIII of the Social Security Act, more than $600,000,000 in any fiscal year for all such projects.
(3)The per capita rate of payment under a project—
(A)may be based on the adjusted average per capita cost (as defined in section 1876(a)(4) of the Social Security Act) determined only with respect to the group of individuals involved (rather than with respect to medicare beneficiaries generally), but
(B)the rate of payment may not exceed the lesser of—
(i)95 percent of the adjusted average per capita cost described in subparagraph (A), or
(I)in the 4th year or 5th year of a project, 115 percent of the adjusted average per capita cost (as defined in section 1876(a)(4) of such Act) for classes of individuals described in section 1876(a)(1)(B) of that Act, or
(II)in any subsequent year of a project, 95 percent of the adjusted average per capita cost (as defined in section 1876(a)(4)) for such classes.
(4)If the payment amounts made to a project are greater than the costs of the project (as determined by the Secretary or, if applicable, on the basis of adjusted community rates described in section 1876(e)(3) of the Social Security Act), the project— 101 STAT. 1330–63
(A)may retain the surplus, but not to exceed 5 percent of the average adjusted per capita cost determined in accordance with paragraph (3)(A), and
(B)with respect to any additional surplus not retained by the project, shall apply such surplus to additional benefits for individuals served by the project or return such surplus to the Secretary.
(5)Enrollment under the project shall be voluntary. Individuals enrolled with the project may terminate such enrollment as of the beginning of the first calendar month following the date on which the request is made for such termination. Upon such termination, such individuals shall retain the same rights to other health benefits that such individuals would have had if they had never enrolled with the project without any exclusion or waiting period for pre-existing conditions.
(6)The requirements of—
(A)subsection (c)(3)(C) (relating to dissemination of information),
(B)subsection (c)(3)(E) (annual statement of rights),
(C)subsection (c)(5) (grievance procedures),
(D)subsection (c)(6) (on-going quality),
(E)subsection (g)(6) (relating to prompt payment of claims),
(F)subsection (i)(3)(A) and
(B)(relating to access to information and termination notices),
(G)subsection (i)(6) (relating to providing necessary services), and
(H)subsection (i)(7) (relating to agreements with peerContracts. review organizations), of section 1876 of the Social Security Act shall apply to a project in the same manner as they apply to eligible organizations with risk-sharing contracts under such section,
(7)The benefits provided under a project must be at least actuarially equivalent to the combination of the benefits available under title XVIII of the Social Security Act and the benefits available through any alternative plans in which the individual can enroll through the the employer. The project shall guarantee the actuarial value of benefits available under the employer plan for the duration of the project.
(8)A project shall comply with all applicable State laws.
(9)The Secretary may not authorize a project unless the entity offering the project demonstrates to the satisfaction of the Secretary that it has the necessary financial reserves to pay for any liability for benefits under the project (including those liabilities for health benefits under medicare and any supplemental benefits).
(10)The Comptroller General shall monitor projects underReports. this subsection and shall report periodically (not less often than once every year) to the Committee on Finance of the Senate and the Committee on Energy and Commerce and Committee on Ways and Means of the House of Representatives on the status of such projects and the affect on such projects of the requirements of this section and shall submit a final report to each such committee on the results of such projects.
(b)Payment Methodology Reform Demonstrations Projects.—
(1)The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) is specifically au-101 STAT. 1330–64thorized to conduct demonstration projects under this subsection for the purpose of testing alternative payment methodologies pertaining to capitation payments under title XVIII of the Social Security Act, including—
(A)computing adjustments to the average per capita cost under section 1876 of such Act on the basis of health status or prior utilization of services, and
(B)accounting for geographic variations in cost in the adjusted average per capita costs applicable to an eligible organization under such section which differs from payments currently provided on a county-by-county basis.
(2)No project may be conducted under this subsection—
(A)with an entity which is not an eligible organization (as defined in section 1876(b) of the Social Security Act), and
(B)unless the project meets all the requirements of subsections
(c)and (i)(3) of section 1876 of such Act.
(3)There are authorized to be appropriated to carry outAppropriation authorization. projects Under this subsection $5,000,000 in each of fiscal years 1989 and 1990.
(c)Application of Provisions.— The provisions of subsection (a)(2) and the first sentence of subsection
(b)of section 402 of the Social Security Amendments of 1967 shall apply to the demonstration projects under this section in the same manner as they apply to experiments under subsection (a)(1) of that section. SEC. 4016. DELAY IN EFFECTIVE DATE IN PHYSICIAN INCENTIVE RULES FOR HEALTH MAINTENANCE ORGANIZATIONS. [42 USC 1320a–7a note](/us/usc/t42/s1320a–7a). Section 9313(c)(2)(B) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking “April 1, 1989” and inserting “April 1,[100 Stat. 2002](/us/stat/100/2002). 1990”. SEC. 4017. GAO STUDY AND REPORTS ON MEDICARE CAPITATION. [42 USC 1395mm note](/us/usc/t42/s1395mm).
(a)Study.— The Comptroller General shall conduct a study on medicare capitation rates that shall include an analysis and assessment of—
(1)the current method for computing per capita rates of payment under section 1876 of the Social Security Act (including the method for determining the United States per capita cost);
(2)the method for establishing relative costs for geographic areas and the data used to establish age, sex, and other weighting factors;
(3)ways to refine the calculation of adjusted average per capita costs under section 1876 of such Act (including making adjustments for health status or prior utilization of services and improvements in the definition of geographic areas);
(4)the extent to which individuals enrolled with organizationsContracts. with a risk-sharing contract with the Secretary under section 1876 of such Act differ in utilization and cost from fee-for-service beneficiaries and ways for modifying enrollment patterns through program changes or for reflecting the differences in rates through group experience rating or other means;
(5)approaches for limiting the liability of the contracting organization under section 1876 of such Act in catastrophic cases: 101 STAT. 1330–65
(6)ways of establishing capitation rates on a basis other than fee-for-service experience in areas with high prepaid market penetration; and
(7)methods for providing the rate levels necessary to maintain access to quality prepaid services in rural or medically underserved areas (while maintaining cost savings),
(b)Reports.—
(1)Not later than January 1 of 1989 and 1990, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Energy and Commerce and Committee on Ways and Means of the House of Representatives interim reports on the progress of the study conducted under subsection (a).
(2)Not later than January 1, 1991, the Comptroller General shall submit to each such committee a final report on the g results of such study. SEC. 4018. SPECIAL RULES.
(a)Assignment of Members for Hip Health Maintenance Organization.— Section 1876(f) of such Act (42 U.S.C. 1395mm(f)) is amended by redesignating paragraph
(3)as paragraph
(4)and by inserting after paragraph
(2)the following new paragraph: " “(3)
(A)An eligible organization described in subparagraph
(B)may elect, for purposes of determining the compliance of a subdivision, subsidiary, or affiliate described in subparagraph (B)(iii) with the requirement of paragraph
(1)for the period before October 1, 1992, to have members of the subdivision, subsidiary, or affiliate considered to be members of the parent organization. “(B) An eligible organization described in this subparagraph is an eligible organization which— “(i) is described in section 1903(m)(2)(B)(iii); “(ii) has members who have a collectively bargained contractual right to obtain health benefits from the organization; “(iii) elects to provide benefits under a risk-sharing contractContracts. to individuals residing in a service area, who have a collectively bargained contractual right to obtain benefits from the organization, through a subdivision, subsidiary, or affiliate which itself is an eligible organization serving the area and which is owned or controlled by the parent eligible organization; and “(iv) has assumed any risk of insolvency and quality assurance with respect to individuals receiving benefits through such a subdivision, subsidiary, or affiliate.”. "
(b)Extension of Waivers for Social Health Maintenance Organizations.—
(1)The Secretary of Health and Human Services shall extend without interruption, through September 30, 1992, the approval of waivers granted under subsection
(a)of section 2355 of the Deficit Reduction Act of 1984 for the demonstration project described in subsection
(b)of that section, subject to the terms and conditions (other than duration of the project) established under that section (as amended by paragraph
(2)of this subsection).
(2)Section 2355(b)(5) of the Deficit Reduction Act of 1984 is[98 Stat. 1103](/us/stat/98/1103). amended by inserting “and in succeeding years” after “third year” 101 STAT. 1330–66
(3)Section 2355(d)(2) of the Deficit Reduction Act of 1984 is[98 Stat. 1103](/us/stat/98/1103). amended by striking “final” and inserting “interim”.
(4)The Secretary of Health and Human Services shall submitReports. a final report to the Congress on the project referred to in paragraph
(1)not later than March 31, 1993.
(c)Treatment of Michigan Blue Care HMO Network Under2727Copy read “under”. 50 Percent Rule.— Blue Care, Inc., a nonprofit corporation which is indirectly owned and operated by Blue Cross and Blue Shield of Michigan, Inc. and which enrolls individuals for the purpose of providing them with health care services through assignment to health maintenance organizations which are indirectly or wholly owned and operated by Blue Cross and Blue Shield of Michigan, Inc., is deemed to meet the requirement of section 1876(f)(1) of the Social Security Act (relating to limitation on enrollment of medicare and medicaid beneficiaries with an eligible organization) if—
(1)such requirement would be met if applied to all individuals enrolled with (or otherwise assigned to) each of such health maintenance organizations, and
(2)not more than 20 percent of the number of individuals who are members of (or otherwise assigned to) each such organization consists of individuals who are entitled to benefits under title XVIII of the Social Security Act.
(d)Temporary Waiver for Watts Health Foundation.— Section 9312(c)(3) of the Omnibus Budget Reconciliation Act of 1986 is[42 USC 1395mm note](/us/usc/t42/s1395mm). amended by adding at the end the following new subparagraph: " “(D) Treatment of certain waivers.— In the case of anGrants. eligible organization (or successor organization) that is described in clauses
(i)and
(ii)of subparagraph
(C)and that received a grant or grants totaling at least $3,000,000 in fiscal year 1987 under section 329(d)(1)(A) or 330(d)(1) of the Public Health Service Act— “(i) before January 1, 1990, section 1876(f) of the Social Security Act shall not apply to the organization; “(ii) beginning on January 1, 1990, the Secretary of Health and Human Services shall waive the requirement of such section with respect to the organization if— “(I) before such date, the organization has submitted to the Secretary a schedule for the organization to comply with the requirement of section 1876(f)(1) of such Act, and the Secretary has found such schedule to be reasonable and has approved such schedule; and “(II) periodically after such date, the Secretary reviews the organization’s compliance with such schedule and determines that the organization has complied, or made significant progress towards compliance, with such schedule; and “(iii) after January 1, 1990, if the Secretary has approved a schedule under clause (ii)(I) and has determined, in a periodic review under clause (ii)(II), that the organization has not complied, or made significant progress towards compliance, with such schedule, the Secretary may provide for a sanction described in sec-101 STAT. 1330–67 tion 1876(f)(3) of the Social Security Act effective with respect to individuals enrolling with the organization after the date the Secretary notifies the organization of such noncompliance.”. " **Subpart B—** **Home Health Quality** SEC. 4021. CONDITIONS OF PARTICIPATION FOR HOME HEALTH AGENCIES.
(a)Definition of Home Health Agency.— Section 1861(o)(6) of the Social Security Act (42 U.S.C. 1395x(o)(6)) is amended by inserting “the conditions of participation specified in section 1891(a) and” after “meets”.
(b)Conditions of Participation.— Title XVIII of such Act is amended by adding at the end the following new section: " “conditions of participation for home health agencies; home health quality “Sec. 1891.
(a)The conditions of participation that a home health[42 USC 1395bbb](/us/usc/t42/s1395bbb). agency is required to meet under this subsection are as follows: “(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: “(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. “(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. “(C) The right to confidentiality of the clinical records described in section 1861(o)(3). “(D) The right to have one’s property treated with respect. “(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— “(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this title, “(ii) the coverage available for such items and services under this title, title XIX, and any other Federal program of which the agency is reasonably aware, “(iii) any charges for items and services not covered under this title and any charges the individual may have to pay with respect to items and services furnished by (or under arrangements with) the agency, and “(iv) any changes in the charges or items and services described in clause (i), (ii), or (iii). “(F) The right to be fully informed in writing (in advance of coming under the care of the agency) of the individual’s rights and obligations under this title. 101 STAT. 1330–68 “(G) The right to be informed of the availability of the State home health agency hotline established under seclution 1864(a). “(2) The agency notifies the State entity responsible for the licensing or certification of the agency of a change in— “(A) the persons with an ownership or control interest (as defined in section 1124(a)(3)) in the agency, “(B) the persons who are officers, directors, agents, or managing employees (as defined in section 1126(b)) of the agency, and “(C) the corporation, association, or other company responsible for the management of the agency. Such notice shall be given at the time of the change and shall include the identity of each new person or company described in the previous sentence. “(3)
(A)The agency must not use as a home health aide (on a full-time, temporary, per diem, or other basis), any individual who is not a licensed health care professional (as defined in subparagraph (F)) to provide items or services described in section 1861(m) on or after January 1, 1990, unless the individual— “(i) has completed a training and competency evaluation program, or a competency evaluation program, that meets the minimum standards established by the Secretary under subparagraph (D), and “(ii) is competent to provide such items and services. For purposes of clause (i), an individual is not considered to have completed a training and competency evaluation program, or a competency evaluation program if, since the individual’s most recent completion of such a program, there has been a continuous period of 24 consecutive months during none of which the individual provided items and services described in section 1861(m) for compensation. “(B)
(i)The agency must provide, with respect to individuals used as a home health aide by the agency as of July 1, 1989, for a competency evaluation program (as described in subparagraph (A)(i)) and such preparation as may be necessary for the individual to complete such a program by January 1, 1990. “(ii) The agency must provide such regular performance review and regular in-service education as assures that individuals used to provide items and services described in section 1861(m) are competent to provide those items and services. “(C) The agency must not permit an individual, other than in a training and competency evaluation program that meets the minimum standards established by the Secretary under subparagraph (D), to provide items or services of a type for which the individual has not demonstrated competency. “(D)
(i)The Secretary shall establish minimum standards for the programs described in subparagraph
(A)by not later than October 1, 1988. “(ii) Such standards shall include the content of the curriculum, minimum hours of training, qualification of instructors, and procedures for determination of competency. “(iii) Such standards may permit approval of programs offered by or in home health agencies, as well as outside agencies (including employee organizations), and of programs in effect on the date of the enactment of this section; except that they may101 STAT. 1330–69 not provide for the approval of a program offered by or in a home health agency which has been determined to be out of compliance with the requirements specified in or pursuant to section 1861(o) or subsection
(a)within the previous 2 years, “(iv) Such standards shall permit a determination that an individual who has completed (before July 1, 1989) a training and competency evaluation program or a competency evaluation program shall be deemed for purposes of subparagraph
(A)to have completed a program that is approved by the Secretary under the standards established under this subparagraph if the Secretary determines that, at the time the program was offered, the program met such standards. “(E) In this paragraph, the term ‘home health aide’ means any individual who provides the items and services described in section 1861(m), but does not include an individual— “(i) who is a licensed health professional (as defined in subparagraph (F)), or “(ii) who volunteers to provide such services without monetary compensation. “(F) In this paragraph, the term ‘licensed health professional’ means a physician, physician assistant, nurse practitioner, physical, speech, or occupational therapist, registered professional nurse, licensed practical nurse, or licensed or certified social worker. “(4) With respect to durable medical equipment furnished to individuals for whom the agency provides items and services, suppliers of such equipment do not use (on a full-time, temporary, per diem, or other basis) any individual who does not meet minimum training standards (established by the Secretary by October 1, 1988) for the demonstration and use of any such equipment furnished to individuals with respect to whom payments may be made under this title. “(5) The agency includes an individual’s plan of care required under section 186l(m) as part of the clinical records described in section 1861(o)(3). “(6) The agency operates and provides services in compliance with all applicable Federal, State, and local laws and regulations (including the requirements of section 1124) and with accepted professional standards and principles which apply to professionals providing items and services in such an agency. “(b) It is the duty and responsibility of the Secretary to assure that the conditions of participation and requirements specified in or pursuant to section 1861(o) and subsection
(a)of this section and the enforcement of such conditions and requirements are adequate to protect the health and safety of individuals under the care of a home health agency and to promote the effective and efficient use of public moneys.”. "
(c)Effective Date.— Except as otherwise provided, the amendments[42 USC 1395x note](/us/usc/t42/s1395x). made by subsections
(a)and
(b)shall apply to home health agencies as of the first day of the 18th calendar month that begins after the date of the enactment of this Act. SEC. 4022. STANDARD AND EXTENDED SURVEY.
(a)In General.— Section 1891 of the Social Security Act (as added by section 4021) is amended by adding at the end the following new subsections: 101 STAT. 1330–70 " “(c)
(1)Any agreement entered into or renewed by the Secretary pursuant to section 1864 relating to home health agencies shall provide that the appropriate State or local agency shall conduct, without any prior notice, a standard survey of each home health agency. Any individual who notifies (or causes to be notified) a home health agency of the time or date on which such a survey is scheduled to be conducted is subject to a civil money penalty of not to exceed $2,000. The Secretary shall provide for imposition of civil money penalties under this clause in a manner similar to that for the imposition of civil money penalties under section 1128A. The Secretary shall review each State’s or local agency’s procedures for scheduling and conduct of standard surveys to assure that the State or agency has taken all reasonable steps to avoid giving notice of such a survey through the scheduling procedures and the conduct of the surveys themselves. “(2)
(A)Except as provided in subparagraph (B), each home health agency shall be subject to a standard survey not later than 15 months after the date of the previous standard survey conducted under this paragraph. The statewide 27a27aCopy read “Statewide”. average interval between standard surveys of any home health agency shall not exceed 12 months. “(B) If not otherwise conducted under subparagraph (A), a standard survey (or an abbreviated standard survey) of an agency— “(i) may be conducted within 2 months of any change of a ownership, administration, or management of the agency to determine whether the change has resulted in any decline in the quality of care furnished by the agency, and “(ii) shall be conducted within 2 months of when a significant number of complaints have been reported with respect to the agency to the Secretary, the State, the entity responsible for the licensing of the agency, the State or local agency responsible for maintaining a toll-free hotline and investigative unit (under section 1864(a)), or any other appropriate Federal, State, or local agency. “(C) A standard survey conducted under this paragraph with respect to a home health agency— “(i) shall include (to the extent practicable), for a case-mix stratified sample of individuals furnished items or services by the agency— “(I) visits to the homes of such individuals, but only with the consent of such individuals, for the purpose of evaluating (in accordance with a standardized reproducible assessment instrument (or instruments) approved by the Secretary under subsection (d)) the extent to which the quality and scope of items and services furnished by the agency attained and maintained the highest practicable functional capacity of each such individual as reflected in such individual’s written plan of care required under section 1861(m) and clinical records required under section 1861(o)(3); and “(II) a survey of the quality of care and services furnished by the agency as measured by indicators of medical, nursing, and rehabilitative care; “(ii) shall be based upon a protocol that is developed, tested, and validated by the Secretary not later than January 1, 1989; and “(iii) shall be conducted by an individual— 101 STAT. 1330–71 “(I) who meets minimum qualifications established by the Secretary not later than July 1, 1989, “(II) who is not serving (or has not served within the previous 2 years) as a member of the staff of, or as a consultant to, the home health agency surveyed respecting compliance with the conditions of participation specified in or pursuant to section 1861(o) or subsection
(a)of this section, and “(III) who has no personal or familial financial interest in the home health agency surveyed. “(D) Each home health agency that is found, under a standard survey, to have provided substandard care shall be subject to an extended survey to review and identify the policies and procedures which produced such substandard care and to determine whether the agency has complied with the conditions of participation specified in or pursuant to section 1861(o) or subsection
(a)of this section. Any other agency may, at the Secretary’s or State’s discretion, be subject to such an extended survey (or a partial extended survey). The extended survey shall be conducted immediately after the standard survey (or, if not practical, not later than 2 weeks after the date of completion of the standard survey). “(E) Nothing in this paragraph shall be construed as requiring an extended (or partial extended) survey as a prerequisite to imposing a sanction against an agency under subsection
(e)on the basis of the findings of a standard survey. “(d)
(1)Not later than January 1, 1989, the Secretary shall designate an assessment instrument (or instruments) for use by an agency in complying with subsection (c)(2)(C)(I). “(2)
(A)Not later than January 1, 1991, the Secretary shall— “(i) evaluate the assessment process, “(ii) report to Congress on the results of such evaluation, andReports. “(iii) based on such evaluation, make such modifications in the assessment process as the Secretary determines are appropriate. “(B) The Secretary shall periodically update the evaluation conductedReports. under subparagraph (A), report the results of such update to Congress, and, based on such update, make such modifications in the assessment process as the Secretary determines are appropriate. “(3) The Secretary shall provide for the comprehensive training of State and Federal surveyors in matters relating to the performance of standard and extended surveys under this section, including the use of any assessment instrument (or instruments) designated under paragraph (1).”. "
(b)Effective Date.— Except as otherwise specifically provided in[42 USC 1395bbb note](/us/usc/t42/s1395bbb). section 1891(d) of the Social Security Act (as added by subsection (a)), the amendment made by subsection
(a)shall become effective on the first day of the 18th calendar month to begin after the date of the enactment of this Act. SEC. 4023. ENFORCEMENT. Section 1891 of the Social Security Act (as added by section 4021 and amended by section 4022) is further amended by adding at the end the following new subsections: " “(e)
(1)If the Secretary determines on the basis of a standard, extended, or partial extended survey or otherwise, that a home health agency that is certified for participation under this title is no longer in compliance with the requirements specified in or pursuant101 STAT. 1330–72 to section 1861(o) or subsection
(a)and determines that the deficiencies involved immediately jeopardize the health and safety of the individuals to whom the agency furnishes items and services, the Secretary shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in subsection (f)(2)(A)(iii) or terminate the certification of the agency, and may provide, in addition, for 1 or more of the other remedies described in subsection (f)(2)(A). “(2) If the Secretary determines on the basis of a standard, extended, or partial extended survey or otherwise, that a home health agency that is certified for participation under this title is no longer in compliance with the requirements specified in or pursuant to section 1861(o) or subsection
(a)and determines that the deficiencies involved do not immediately jeopardize the health and safety of the individuals to whom the agency furnishes items and services, the Secretary may (for a period not to exceed 6 months) impose intermediate sanctions developed pursuant to subsection (f), in lieu of terminating the certification of the agency. If, after such a period of intermediate sanctions, the agency is still no longer in compliance with the requirements specified in or pursuant to section 1861(o) or subsection (a), the Secretary shall terminate the certification of the agency. “(3) If the Secretary determines that a home health agency that is certified for participation under this title is in compliance with the requirements specified in or pursuant to section 1861(o) or subsection
(a)but, as of a previous period, did not meet such requirements, the Secretary may provide for a civil money penalty under subsection (f)(2)(A)(i) for the days in which it finds that the agency was not in compliance with such requirements. “(4) The Secretary may continue payments under this title with respect to a home health agency not in compliance with the requirements specified in or pursuant to section 1861(o) or subsection
(a)over a period of not longer than 6 months, if— “(A) the State or local survey agency finds that it is more appropriate to take alternative action to assure compliance of the agency with the requirements than to terminate the certification of the agency, “(B) the agency has submitted a plan and timetable for corrective action to the Secretary for approval and the Secretary approves the plan of corrective action, and “(C) the agency agrees to repay to the Federal Government payments received under this subparagraph if the corrective action is not taken in accordance with the approved plan and timetable. The Secretary shall establish guidelines for approval of corrective actions requested by home health agencies under this subparagraph. “(f)
(1)The Secretary shall develop and implement, by not later than April 1, 1989— “(A) a range of intermediate sanctions to apply to home health agencies under the conditions described in subsection (e), and “(B) appropriate procedures for appealing determinations relating to the imposition of such sanctions. “(2)
(A)The intermediate sanctions developed under paragraph
(1)shall include— “(i) civil money penalties for each day of noncompliance, 101 STAT. 1330–73 “(ii) suspension of all or part of the payments to which a home health agency would otherwise be entitled under this title with respect to items and services furnished by a home health agency on or after the date on which the Secretary determines that intermediate sanctions should be imposed pursuant to subsection (e)(2), and “(iii) the appointment of temporary management to oversee the operation of the home health agency and to protect and assure the health and safety of the individuals under the care of the agency while improvements are made in order to bring the agency into compliance with all the requirements specified in or pursuant to section 1861(o) or subsection (a). The temporary management under clause
(iii)shall not be terminated until the Secretary has determined that the agency has the management capability to ensure continued compliance with all the requirements referred to in that clause. “(B) The sanctions specified in subparagraph
(A)are in addition to sanctions otherwise available under State or Federal law and shall not be construed as limiting other remedies, including any remedy available to an individual at common law. “(C) A finding to suspend payment under subparagraph (A)(ii) shall terminate when the Secretary finds that the home health agency is in substantial compliance with all the requirements specified in or pursuant to section 1861(o) and subsection (a). “(3) The Secretary shall develop and implement, by not later than April 1, 1989, specific procedures with respect to the conditions under which each of the intermediate sanctions developed under paragraph
(1)is to be applied, including the amount of any fines and the severity of each of these sanctions. Such procedures shall be designed so as to minimize the time between identification of deficiencies and imposition of these sanctions and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies.”. "
(b)Effective Date.— Except as otherwise specifically provided in[42 USC 1395bbb note](/us/usc/t42/s1395bbb). subsections
(e)and
(f)of section 1891 of the Social Security Act (as added by subsection (a)), the amendment made by subsection
(a)shall become effective on the first day of the 18th calendar month to begin after the date of the enactment of this Act. SEC. 4024. REQUIREMENT THAT INDIVIDUAL BE CONFINED TO HOME.
(a)Part A..— Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended by adding at the end the following: “For purposes of paragraph (2)(C), an individual shall be considered to be ‘confined to his home’ if the individual has a condition, due to an illness or injury, that restricts the ability of the individual to leave his or her home except with the assistance of another individual or the aid of a supportive device (such as crutches, a cane, a wheelchair, or a walker), or if the individual has a condition such that leaving his or her home is medically contraindicated. While an individual does not have to be bedridden to be considered ‘confined to his home’, the condition of the individual should be such that there exists a normal inability to leave home, that leaving home requires a considerable and taxing effort by the individual, and that absences of the individual from home are infrequent or of relatively short duration, or are attributable to the need to receive medical treatment.”. 101 STAT. 1330–74
(b)Part B.— Section 1835(a) of such Act (42 U.S.C. 1395n(a)) is amended by adding at the end the following: “For purposes of paragraph (2)(A), an individual shall be considered to be ‘confined to his home’ if the individual has a condition, due to an illness or injury, that restricts the ability of the individual to leave his or her home except with the assistance of another individual or the aid of a supportive device (such as crutches, a cane, a wheelchair, or a walker), or if the individual has a condition such that leaving his or her home is medically contraindicated. While an individual does not have to be bedridden to be considered ‘confined to his home’, the condition of the individual should be such that there exists a normal inability to leave home, that leaving home requires a considerable and taxing effort by the individual, and that absences of the individual from home are infrequent or of relatively short duration, or are attributable to the need to receive medical treatment.”.
(c)Effective Date.— The amendments made by subsections
(a)[42 USC 1395f note](/us/usc/t42/s1395f). and
(b)shall apply to items and services provided on or after January 1, 1988. SEC. 4025. HOME HEALTH TOLL-FREE HOTLINE AND INVESTIGATIVE UNIT.
(a)In General.— Section 1864(a) of the Social Security Act (42 U.S.C. 1395aa(a)) is amended by adding at the end the following: “Any agreement under this subsection shall provide for the appropriate State or local agency to maintain a toll-free hotline
(1)to collect, maintain, and continually update information on home health agencies located in the State or locality that are certified to participate in the program established under this title (which information shall include any significant deficiencies found with respect to patient care in the most recent certification survey conducted with respect to the agency, when that survey was completed, whether corrective actions have been taken or are planned, and the sanctions, if any, imposed under this title with respect to the agency) and
(2)to receive complaints (and answer questions) with respect to home health agencies in the State or locality. Any such agreement shall provide for such agency to maintain a unit for investigating such complaints that possesses enforcement authority and has access to survey and certification reports, information gathered by any private accreditation agency pursuant to an agreement with the Secretary under section 1864, and consumer medical records (but only with the consent of the consumer or his or her legal representative).”.
(b)Effective Date.— The amendment made by subsection (a)[42 USC 1395aa note](/us/usc/t42/s1395aa). shall apply with respect to agreements entered into or renewed on or after the date of enactment of this Act. SEC. 4026. HOME HEALTH AGENCY COST LIMITS.
(a)Data Used to Determine Limits.—
(1)Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the following new clause: " “(iii) In establishing limits under this subparagraph, the Secretary shall— “(I) utilize a wage index that is based on audited wage data obtained from home health agencies, and 101 STAT. 1330–75 “(II) base such limits on the most recent audited wage data available, which data may be for cost reporting periods beginning no earlier than July 1, 1985.”. "
(2)The amendment made by paragraph
(1)shall apply to cost[42 USC 1395x note](/us/usc/t42/s1395x). reporting periods beginning on or after July 1, 1988.
(b)Study of Limits.— The Secretary of Health and Human ServicesReports. shall study and report to the Congress, not later than June 1, 1988, on—
(1)whether the separate schedules of cost limits currently applied to home health agencies under title XVIII of the Social Security Act located in urban and rural areas accurately reflect differences in the costs of urban and rural home health agencies, and
(2)the appropriateness of modifying such limits to take into account the proportion of agency patients who are from urban and rural areas. SEC. 4027. HOME HEALTH PROSPECTIVE PAYMENT DEMONSTRATION PROJECT. [42 USC 1395n note](/us/usc/t42/s1395n).
(a)In General.— The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall provide for a demonstration project to develop and test alternative methods of paying home health agencies on a prospective basis for services furnished under the medicare and medicaid programs. The project shall be designed in a manner to enable the Secretary to evaluate the effects of various methods of prospective payment (including payments on a per-visit, per-case, and per-episode basis) on program expenditures, access to, and quality of, home health care, and home health agency operations. The Secretary shall assure that servicesContracts. are first furnished under the project not later than July 1, 1988, and, for this purpose, the Secretary may reinstate a previously awarded contract, or award a sole source contract, to carry out the project.
(b)Funding.— The provisions of subsection (a)(2) and the first sentence of subsection
(b)of section 402 of the Social Security Amendments of 1967 shall apply to the demonstration project under subsection
(a)of this section as they apply to experiments under subsection (a)(1) of that section.
(c)Report.— The Secretary shall submit to Congress, not later than one year after the date of the enactment of this Act, an interim report on the demonstration project and, not later than four years after the date of the enactment of this Act, a final report on the results of the project. **Subpart C—** **Other Provisions** SEC. 4031. PAYMENT CYCLE STANDARDS.
(a)Payment Floor Standards.—
(1)Section 1816(c) of the Social Security Act (42 U.S.C. 1395h(c)) is amended by adding at the end the following new paragraph: " “(3)
(A)Each agreement under this section shall provide that no payment shall be issued, mailed, or otherwise transmitted with respect to any claim submitted under this title within the applicable number of calendar days after the date on which the claim is received. “(B) In this paragraph, the term ‘applicable number of calendar days’ means— 101 STAT. 1330–76 “(i) with respect to claims received in the 3-month period beginning July 1, 1988, 10 days, and “(ii) with respect to claims received in the 12-month period beginning October 1, 1988, 14 days.”.27b27bCopy read “days.”. "
(2)Section 1842(c) of such Act (42 U.S.C. 1395u(c)) is amended by adding at the end the following new paragraph: " “(3)
(A)Each contract under this section which provides for theContracts. disbursement of funds, as described in subsection (a)(1)(B), shall provide that no payment shall be issued, mailed, or otherwise transmitted with respect to any claim submitted under this title within the applicable number of calendar days after the date on which the claim is received. “(B) In this paragraph, the term ‘applicable number of calendar days’ means— “(i) with respect to claims received in the 3-month period beginning July 1, 1988, 10 days, and “(ii) with respect to claims received in the 12-month period beginning October 1, 1988, 14 days.”. 27b27bCopy read “days.”. "
(A)The amendments made by paragraphs
(1)and
(2)shall[42 USC 1395h note](/us/usc/t42/s1395h). apply to claims received on or after July 1, 1988.
(B)The Secretary of Health and Human Services shall provideContracts.Regulations. for such timely amendments to agreements under section 1816 of the Social Security Act and contracts under section 1842 of such Act, and regulations, to such extent as may be necessary to implement the provisions of this subsection on a timely basis.
(b)Prohibition of Other Policies Intended to Slow Down Medicare Payments.— [42 USC 1395h note](/us/usc/t42/s1395h). Notwithstanding any other provision of law, except as specifically provided in this section, the Secretary of Health and Human Services is not authorized to issue, after the date of the enactment of this Act, and before October 1, 1990, any final regulation, instruction, or other policy change which is primarily intended to have the effect of slowing down claims processing, or delaying payment of claims, under title XVIII of the Social Security Act.
(c)Budget Considerations.— For purposes of section 202 of the[42 USC 1395h note](/us/usc/t42/s1395h). Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this section is a necessary (but secondary) result of a significant policy change. SEC. 4032. DENIALS AND RECONSIDERATIONS OF CLAIMS FOR HOME HEALTH SERVICES, EXTENDED CARE SERVICES, AND POSTHOSPITAL EXTENDED CARE SERVICES.
(a)Notification and Physician Review.— Section 1816 of the Social Security Act (42 U.S.C. 1395h) is amended by adding at the end the following new subsection: " “(j) An agreement with an agency or organization under this section shall require that, with respect to a claim for home health services, extended care services, or post-hospital extended care services submitted by a provider to such agency or organization that is denied, such agency or organization— “(1) furnish the provider and the individual with respect to whom the claim is made with a written explanation of the denial and of the statutory or regulatory basis for the denial; and “(2) promptly notify such individual and the provider of disposition of such reconsideration.”. " 101 STAT. 1330–77
(b)Performance Standards for Fiscal Intermediaries and Carriers.— Section 1816(f) of such Act (42 U.S.C. 1395h(f)) is amended by adding at the end the following: “Such standards and criteria shall include with respect to claims for services furnished under this part by any provider of services other than a hospital whether such agency or organization is able to process 75 percent of reconsiderations within 60 days (except in the case of the fiscal year 1989, 66 percent of reconsiderations) and 90 percent of reconsiderations within 90 days and the extent to which its determinations are reversed on appeal.”.
(c)Effective Date.—
(A)The amendment made by subsection
(a)shall apply with[42 USC 1395h note](/us/usc/t42/s1395h). respect to claims received on or after January 1, 1988.
(B)The amendment made by subsection
(b)shall apply with respect to claims filed on or after October 1, 1988.
(2)The Secretary of Health and Human Services shall provideContracts.Regulations. for such timely amendments to agreements under section 1816 and contracts under section 1842 of the Social Security Act, and regulations, to such extent as may be necessary to implement the amendments made by subsections
(a)and
(b)on a timely basis. SEC. 4033. PERMITTING DISABLED INDIVIDUALS TO RENEW ENTITLEMENT TO MEDICARE AFTER GAINFUL EMPLOYMENT WITHOUT A 2-YEAR WAITING PERIOD.
(a)In General.—
(1)Section 226(0 of the Social Security Act (42 U.S.C. 426(f)) is amended by inserting before the period at the end the following: “, unless the physical or mental impairment which is the basis for disability is the same as (or directly related to) the physical or mental impairment which served as the basis for disability in such previous period”.
(A)The amendment made by subsection
(a)shall apply to[42 USC 426 note](/us/usc/t42/s426). months beginning after the end of the 60-day period beginning on the date of enactment of this Act.
(B)The amendment made by subsection
(a)shall not apply so as to include (for the purposes described in section 226(f) of the Social Security Act) monthly benefits paid for any month in a previous period (described in that section) that terminated before the end of the 60-day period described in paragraph (1). SEC. 4034. APPLICATION OF SECONDARY PAYER PROVISIONS TO GOVERNMENTAL ENTITIES.
(a)In General.— Section 1862(b)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395y(b)(4)(B)(i)), as added by the amendment made by section 9319(a) of the Omnibus Budget Reconciliation Act of 1986, is amended by striking “"section 5000(b) of the Internal Revenue Code of 1986"” and inserting “"subsection
(b)of section 5000 of the Internal Revenue Code of 1986 without regard to subsection
(d)of such section"”.
(b)Effective Date.— The amendment made by subsection (a)[42 USC 1395y note](/us/usc/t42/s1395y). shall be effective as if included in the enactment of section 9319(a) of the Omnibus Budget Reconciliation Act of 1986. SEC. 4035. PUBLICATION AND NOTIFICATION OF POLICIES. Federal Register, publication.
(a)Requiring Publication of Intermediary and Carrier Budget Methodology.— 101 STAT. 1330–78
(1)Section 1816(c)(1) of the Social Security Act (42 U.S.C. 1395h(c)(1)) is amended by adding at the end the following sentence: “The Secretary shall cause to have published in the Federal Register, by not later than September 1 before each fiscal year, data, standards, and methodology to be used to establish budgets for fiscal intermediaries under this section for that fiscal year, and shall cause to be published in the Federal Register for public comment, at least 90 days before such data, standards, and methodology are published, the data, standards, and methodology proposed to be used.”.
(2)Section 1842(c)(1) of such Act (42 U.S.C. 1395u(c)(1)) is amended by adding at the end the following sentence: “The Secretary shall cause to have published in the Federal Register, by not later than September 1 before each fiscal year, data, standards, and methodology to be used to establish budgets for carriers under this section for that fiscal year, and shall cause to be published in the Federal Register for public comment, at least 90 days before such data, standards, and methodology are published, the data, standards, and methodology proposed to be used.”.
(3)The amendments made by this section shall take effect onEffective date.[42 USC 1395h note](/us/usc/t42/s1395h). the date of the enactment of this Act and shall apply to budgets for fiscal years beginning with fiscal year 1989.
(b)Publication as Regulations of Significant Policies.— Section 1871(a) of such Act (42 U.S.C. 1395hh(a)) is amended—
(1)by inserting “(1)” after “(a)”; and
(2)by adding at the end the following new paragraph: " “(2) No rule, requirement, or other statement of policy (other than a national coverage determination) that establishes or changes a substantive legal standard governing the scope of benefits, the payment for services, or the eligibility of individuals, entities, or organizations to furnish or receive services or benefits under this title shall take effect unless it is promulgated by the Secretary by regulation under paragraph (1).”. "
(c)Miscellaneous Publication and Information Access Provisions.— Section 1871 of such Act (42 U.S.C. 1395hh) is amended by adding at the end the following new subsection: " “(c)
(1)The Secretary shall publish in the Federal Register, not less frequently than every 3 months, a list of all manual instructions, interpretative rules, statements of policy, and guidelines of general applicability which— “(A) are promulgated to carry out this title, but “(B) are not published pursuant to subsection (a)(1) and have not been previously published in a list under this subsection. “(2) Effective June 1, 1988, each fiscal intermediary and carrierEffective date. administering claims for extended care, post-hospital extended care, home health care, and durable medical equipment benefits under this title shall make available to the public all interpretative materials, guidelines, and clarifications of policies which relate to payments for such benefits. “(3) The Secretary shall to the extent feasible make such changes in automated data collection and retrieval by the Secretary and fiscal intermediaries with agreements under section 1816 as are necessary to make easily accessible for the Secretary and other appropriate parties a data base which fairly and accurately reflects the provision of extended care, post-hospital extended care and home health care benefits pursuant to this title, including such101 STAT. 1330–79 categories as benefit denials, results of appeals, and other relevant factors, and selectable by such categories and by fiscal intermediary, service provider, and region.”. " SEC. 4036. END-STAGE RENAL DISEASE AMENDMENTS.
(a)Implementation of Primary Payer Requirements for Endstage Renal Disease Program.—
(1)Section 1862(b)(2)(A) of the Social Security Act (42 U.S.C. 1395y(b)(2)(A)) is amended by striking “(ii)” and all that follows through “under this title” and inserting “(ii) can reasonably be expected to be made under such a plan”.
(2)The amendment made by paragraph
(1)shall apply withEffective date.[42 USC 1395y note](/us/usc/t42/s1395y). respect to items and services furnished on or after 30 days after the date of the enactment of this Act.
(b)Limitation of Minimum Utilization Rate Requirement for End-Stage Renal Disease Transplantations.— The last sentence of section 1881(b)(1) of such Act (42 U.S.C. 1395rr(b)(1)) is amended by striking “covered procedures and for self-dialysis training programs” and inserting “transplantations”.
(c)Extension of Deadline for Establishing Protocols on Reuse of Dialysis Filters and Other Dialysis Supplies as it Relates to the Reuse of Bloodunes.—
(A)Section 9335(k)(2) of the Omnibus Budget Reconciliation Act of 1986 is amended by inserting “(or July 1, 1988, with[42 USC 1395rr note](/us/usc/t42/s1395rr). respect to protocols that relate to the reuse of bloodlines)” after “October 1, 1987”.
(B)The amendment made by subparagraph
(A)shall be effective[42 USC 1395rr note](/us/usc/t42/s1395rr). as if included in the enactment of section 9335(k)(2) of the Omnibus Budget Reconciliation Act of 1986.
(2)Section 1881(f)(7)(B) of the Social Security Act (42 U.S.C. 1395rr(f)(7)(B)) is amended by inserting “(or July 1, 1988, with respect to protocols that relate to the reuse of bloodlines)” after “January 1, 1988”.
(d)Studies of End-Stage Renal Disease Program.— [42 USC 1395rr note](/us/usc/t42/s1395rr).
(1)The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) shall arrange for a study of the end-stage renal disease program within the medicare program.
(2)Among other items, the study shall address—
(A)access to treatment by both individuals eligible for medicare benefits and those not eligible for such benefits;
(B)the quality of care provided to end-stage renal disease beneficiaries, as measured by clinical indicators, functional status of patients, and patient satisfaction;
(C)the effect of reimbursement on quality of treatment;
(D)major epidemiological and demographic changes in the end-stage renal disease population that may affect access to treatment, the quality of care, or the resource requirements of the program; and
(E)the adequacy of existing data systems to monitor these matters on a continuing basis.
(3)The Secretary shall submit to Congress, not later than 3Reports. years after the date of the enactment of this Act, a report on the study.
(4)The Secretary shall request the National Academy of Sciences, acting through the Institute of Medicine, to submit an application to conduct the study described in this section. If the101 STAT. 1330–80 Academy submits an acceptable application, the Secretary shall enter into an appropriate arrangement with the Academy for the conduct of the study. If the Academy does not submit an acceptable application to conduct the study, the Secretary may request one or more appropriate nonprofit private entities to submit an application to conduct the study and may enter into an appropriate arrangement for the conduct of the study by the entity which submits the best acceptable application.
(5)Section 1881 of the Social Security Act (42 U.S.C. 1395rr) is amended—
(A)in subsection (c)(2)(F), by striking “and subsection (g)”,
(B)by striking the last sentence of subsection (c)(6),
(C)by striking subsection (g), and
(D)by redesignating subsection (h), as added by section 20 of the Medicare and Medicaid Patient and Program Protection Act of 1987 (Public Law 100–93), as subsection (g). SEC. 4037. MEDICARE HEARINGS AND APPEALS. [42 USC 1395ff note](/us/usc/t42/s1395ff).
(a)Maintaining Current System for Hearings and Appeals.— Any hearing conducted under section 1869(b)(1) of the Social Security Act prior to the earliest of the date on which the Secretary of Health and Human Services submits the report required to be submitted by the Secretary under subsection (l))(l) or September 1 shall be conducted by Administrative Law Judges of the Office of Hearings and Appeals of the Social Security Administration in the same manner as are hearings conducted under section 205(b)(1) of such Act.
(b)Study and Report on Use of Telephone Hearings.—
(1)The Secretary of Health and Human Services and the Comptroller General of the United States shall each conduct a study on holding hearings under section 1869(b)(1) of the Social Security Act by telephone and shall each report the results of the study not later than 6 months after the date of enactment of this Act.
(2)The studies under paragraph
(1)shall focus on whether telephone hearings allow for a full and fair evidentiary hearing, in general, or with respect to any particular category of claims and shall examine the possible improvements to the hearing process (such as cost-effectiveness, convenience to the claimant, and reduction in time under the process) resulting from the use of such hearings as compared to the adoption of other changes to the process (such as expansions in staff and resources). SEC. 4038. RURAL HEALTH MEDICAL EDUCATION DEMONSTRATION PROJECT. [42 USC 1395WW note](/us/usc/t42/s1395WW).
(a)In General.— The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall enter into agreements with four sponsoring hospitals submitting applications under this subsection to conduct demonstration projects to assist resident physicians in developing field clinical experience in rural areas.
(b)Nature of Project.— Under a demonstration project conducted under subsection (a), a sponsoring hospital entering into an agreement with the Secretary under such subsection shall enter into arrangements with a small rural hospital to provide to such rural hospital, for a period of one to three months of training, physicians (in such number as the agreement under subsection
(a)may provide) who have completed one year of residency training. 101 STAT. 1330–81
(c)Selection.— In selecting from among applications submitted under subsection (a), the Secretary shall ensure that four small rural hospitals located in different counties participate in the demonstration project and that—
(1)two of such hospitals are located in rural counties of more than 2,700 square miles (one of which is east of the Mississippi River and one of which is west of such river); and
(2)two of such hospitals are located in rural counties with (as determined by the Secretary) a severe shortage of physicians (one of which is east of the Mississippi River and one of which is west of such river).
(d)Clarification of Payment.— For purposes of section 1886 of the Social Security Act—
(1)with respect to subsection (d)(5)(B) of such section, any resident physician participating in the project under subsection
(a)for any part of a year shall be treated as if he or she were working at the appropriate sponsoring hospital with an agreement under subsection
(a)on September 1 of such year (and shall not be treated as if working at the small rural hospital); and
(2)with respect to subsection
(h)of such section, the payment amount permitted under such subsection for a sponsoring hospital with an agreement under subsection
(a)shall be increased (for the duration of the project only) by an amount equal to the amount of any direct graduate medical education costs (as defined in paragraph
(5)of such subsection (h)) incurred by such hospital in supervising the education and training activities under a project under subsection (a).
(e)Duration of Project.— Each demonstration project under subsection
(a)shall be commenced not later than six months after the date of enactment of this Act and shall be conducted for a period of three years.
(f)Definition.— In this section, the term “sponsoring hospital” means a hospital that receives payments under sections 1886(d)(5)(B) and 1886(h) of the Social Security Act. SEC. 4039. MISCELLANEOUS AND TECHNICAL PROVISIONS.
(a)Clarification of Criminal Penalties for Willful Misrepresentations.— Subsection
(c)of section 1128B of the Social Security Act (42 U.S.C. 1320a–7(b)), 2828Copy read “1320a–7b)),”. as redesignated by section 4(d) of the Medicare and Medicaid Patient and Program Protection Act of 1987 (Public Law 100–93), is amended— [42 USC 1320a–7b](/us/usc/t42/s1320a–7b).
(1)by striking “institution or facility” each place it appears and inserting “institution, facility, or entity”, and
(2)by inserting “(including an eligible organization under section 1876(b))” after “other entity”.
(b)Podiatrists.—
(1)Section 1861(r)(3) of the Social Security Act (42 U.S.C. 1395x(r)(3)) is amended—
(A)by striking “subsection
(s)of this section” and inserting “subsections (k), (m), (p)(1), and
(s)of this section and sections 1814(a), 1832(a)(2)(F)(ii), and 1835”, and
(B)by striking “; and for the purposes” and all that follows through “which he is legally authorized to perform”. 101 STAT. 1330–82
(2)Section 1861(b)(6) of such Act (42 U.S.C. 1395x(b)(6)) is amended by striking “Council on Podiatry Education of the American Podiatry Association” and inserting “Council on Podiatric Medical Education of the American Podiatric Medical Association”.
(c)Recovery of Payments for Certain Pacemaker Devices.—
(1)Section 1862(h) of such Act (42 U.S.C. 1395y(h)) is amended—
(A)in paragraph (1)(B), by striking “law,” and inserting “law (and any amount paid to a provider under any such warranty),”;
(B)in paragraph (1)(D), by striking “(3),” and inserting “(3), in determining the amount subject to repayment under paragraph (2)(C),”;
(C)in paragraph (2)—
(i)by striking “and” at the end of subparagraph (A),
(ii)by striking the period at the end of subparagraph
(B)and inserting “, and”, and
(iii)by adding at the end the following new subparagraph: " “(C) to make repayment to the Secretary of amounts paid under this title to the provider with respect to any cardiac pacemaker device or lead which has been replaced by the manufacturer, or for which the manufacturer has made payment to the provider, under an express or implied warranty.”; and "
(D)in paragraph (4)(B)—
(i)by striking “or has” and inserting “, has”, and
(ii)by striking “(2)(B),” and inserting “(2)(B), or has failed to make repayment to the Secretary as required under paragraph (2)(C),”.
(2)The amendments made by paragraph
(1)shall becomeEffective date.[42 USC 1395y note](/us/usc/t42/s1395y). effective on January 1, 1988.
(d)Extend and Clarify Prohibition on Cost Savings Policies Before Beginning of Fiscal Year.— [42 USC 1395WW note](/us/usc/t42/s1395WW). Notwithstanding any other provision of law, except as required to implement specific provisions required under statute, the Secretary of Health and Human Services is not authorized to issue in final form, after the date of the enactment of this Act and before October 15, 1988, any regulation, instruction, or other policy which is estimated by the Secretary to result in a net reduction in expenditures under title XVIII of the Social Security Act in fiscal year 1989 of more than $50,000,000.
(e)Moratorium on Prior Authorization for Home Health and Post-Hospital Extended Care Services.— [42 USC 1395x note](/us/usc/t42/s1395x). The Secretary of Health and Human Services shall not implement any voluntary or mandatory program of prior authorization for home health services, extended care services, or post-hospital extended care services under part A or B of title XVIII of the Social Security Act at any time prior to six months after the date on which the Congress receives the report required under section 9305(k)(4) of the Omnibus Budget Reconciliation Act of 1986.
(f)Delay in Publishing Regulations with Respect to Deeming the Status of Entities.— Federal Register, publication.[42 USC 1395x note](/us/usc/t42/s1395x). The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) shall not deem any entity to be a provider of services (as defined in section 1861(u) of the Social Security Act) for purposes of title XVIII of such Act— 101 STAT. 1330–83
(1)on any date prior to 6 months after the date on which the Secretary has published a proposed rule with respect to the deeming of the entity, and
(2)until the Secretary publishes a final rule with respect to the deeming of the entity.
(g)Use of Interim Final Regulations.— The Secretary of Health [42 USC 1395hh note](/us/usc/t42/s1395hh). and Human Services shall issue such regulations (on an interim or other basis) as may be necessary to implement this subtitle and the amendments made by this subtitle. **PART 3—** **RELATING TO PART B** **Subpart A—** **Provisions Relating to Payments for Physicians’ Services** SEC. 4041. FREEZE IN PAYMENTS FOR PHYSICIANS’ SERVICES; EXTENSION OF SEQUESTER ORDER.
(a)Three-Month Freeze on Increases In Physician Payments.—
(1)In general.— Section 1842 of the Social Security Act (42 U.S.C. 1395u) is amended—
(A)in subsection (b)(4)—
(i)in subparagraph (A), by redesignating clause
(v)as clause
(vi)and by inserting after clause
(iv)the following new clause: " “(v) In determining the prevailing charge levels under the third and fourth sentences of paragraph
(3)for physicians’ services furnished during the 3-month period beginning January 1, 1988, the Secretary shall not set any level higher than the same level as was set for the 12-month period beginning January 1, 1987.”, and "
(ii)in subparagraph (B), by adding at the end the following new clause: " “(iii) In determining the reasonable charge under paragraph
(3)for physicians’ services furnished during the 3-month period beginning January 1, 1988, the customary charges shall be the same customary charges as were recognized under this section for the 12-month period beginning January 1, 1987.”; and "
(B)in subsection (j)(1)(C), by adding at the end thereof the following new clause: " “(vii) Notwithstanding any other provision of this subparagraph, the maximum allowable actual charge for a particular physician’s service furnished by a nonparticipating physician to individuals enrolled under this part during the 3-month period beginning on January 1, 1988, shall be the amount determined under this subparagraph for 1987. The maximum allowable actual charge forEffective date. any such service otherwise determined under this subparagraph for 1988 shall take effect on April 1, 1988.”. "
(2)Extension of physician participation agreements and related provisions.— [42 USC 1395u note](/us/usc/t42/s1395u). Notwithstanding any other provision of law—
(A)subject to the last sentence of this paragraph, each agreement with a participating physician in effect on December 31, 1987, under section 1842(h)(1) of the Social Security Act shall remain in effect for the 3-month period beginning on January 1, 1988; 101 STAT. 1330–84
(B)the effective period for agreements under such section entered into for 1988 shall be the nine-month period beginning on April 1, 1988, and the Secretary shall provide an opportunity for physicians to enroll as participating physicians prior to April 1, 1988;
(C)instead of publishing, under section 1842(h)(4) of the Social Security Act at the beginning of 1988, directories of participating physicians for 1988, the Secretary shall provide for such publication, at the beginning of the 9-month period beginning on April 1, 1988, of such directories of participating physicians for such period; and
(D)instead of providing to nonparticipating physicians, under section 1842(b)(3)(G) of the Social Security Act at the beginning of 1988, a list of maximum allowable actual charges for 1988, the Secretary shall provide, at the beginning of the 9-month period beginning on April 1, 1988, to such physicians such a list for such 9-month period. An agreement with a participating physician in effect on December 31, 1987, under section 1842(h)(1) of the Social Security Act shall not remain in effect for the period described in subparagraph
(A)if the participating physician requests on or before December 31, 1987, that the agreement be terminated.
(A)Section 1842 of the Social Security Act (42 U.S.C. 1395u) is amended—
(i)in subsection (b)(2), by adding at the end the following: In establishing such standards and criteria, the Secretary shall provide a system to measure a carrier’s performance of responsibilities described in paragraph (3)(H) and subsection (h).”; and
(ii)in subsection (c)(1), by inserting “(A)” after “(c)(1)” and by adding at the end the following new subparagraph: " “(B) Of the amounts appropriated for administrative activities to carry out this part, the Secretary shall provide payments, totaling 1 percent of the total payments to carriers for claims processing in any fiscal year, to carriers under this section, to reward carriers for their success in increasing the proportion of physicians in the carrier’s service area who are participating physicians or in increasing the proportion of total payments for physicians’ services which are payments for such services rendered by participating physicians.”. "
(B)Section 9332(a) of the Omnibus Budget Reconciliation Act of 1986 is amended—
(i)by striking paragraphs
(2)and (3), [42 USC 1395u notes](/us/usc/t42/s1395u).
(ii)in paragraph (4)(B), by striking “under paragraph (2)” [42 USC 1395u note](/us/usc/t42/s1395u). inserting “under the last sentence of section 1842(b)(2) of the Social Security Act”, and
(iii)in paragraph (4)(C)— [42 USC 1395u note](/us/usc/t42/s1395u).
(I)by striking “under paragraph (3)” and inserting “under section 1842(c)(1)(B) of the Social Security Act”,
(II)by striking “April” and inserting “July”, and
(III)by striking “at the end of 1987” and inserting “before April 1, 1988”.
(b)Extension of Reduction Under Sequester Order.— President of U.S.[2 USC 902 note](/us/usc/t2/s902). Notwithstanding any other provision of law (including any other provision of this Act), the reductions in the amount of payments required under title XVIII of the Social Security Act made by the final sequester order issued by the President on November 20, 1987, pursuant to101 STAT. 1330–85 section 252(b) of the Balanced Budget Emergency Deficit Control Act of 1985 shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act) through March 31, 1988, with respect to payments for physicians’ services under part B of such title. SEC. 4042. GENERAL UPDATE IN PAYMENTS FOR PHYSICIANS’ SERVICES.
(a)Increase in MEI for 1988 and 1989.— Section 1842(b)(4) of the Social Security Act (42 U.S.C. 1395u(b)(4)) is amended by adding at the end the following new subparagraph: " “(F)
(i)For purposes of this part for physicians’ services furnished in 1987, the percentage increase in the MEI is 3.2 percent. “(ii) For purposes of this part for physicians’ services furnished in 1988, on or after April 1, the percentage increase in the MEI is— “(I) 3.6 percent for primary care services (as defined in subparagraph (E)(iii)), and “(II) 1 percent for other physicians’ services. “(iii) For purposes of this part for physicians’ services furnished in 1989, the percentage increase in the MEI is— “(I) 3.0 percent for primary care services; and “(II) 1 percent for other physician’s services.”. "
(b)Primary Care Services Defined.— Section 1842(b)(4)(E) of such Act (42 U.S.C. 1395u(b)(4)(E)) is amended by adding at the end thereof the following new clause: " “(iii) The term ‘primary care services’ means physicians’ services which constitute office medical services, emergency department services, home medical services, skilled nursing, intermediate care, and long-term care medical services, or nursing home, boarding home, domiciliary, or custodial care medical services.”. "
(c)Participating Physician Differential.— Section 1842(b)(4)(A)(iv) of such Act (42 U.S.C. 1395u(b)(4)(A)(iv)) is amended—
(1)by striking “96 percent” and inserting “applicable percent”, and
(2)by adding at the end the following: “In the previous sentence, the term ‘applicable percent’ means for services furnished
(I)on or after January 1, 1987, and before April 1, 1988, 96 percent,
(II)on or after April 1, 1988, and before January 1, 1988, 95.5 percent, and
(III)on or after January 1, 1989, 95 percent.”. SEC. 4043. INCENTIVE PAYMENTS FOR PHYSICIANS’ SERVICES FURNISHED IN UNDERSERVED AREAS.
(a)In General.— Section 1833 of the Social Security Act (42 U.S.C. 13951) is amended by adding at the end the following new subsection: " “(m) In the case of physicians’ services furnished to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a class 1 or class 2 health manpower shortage area, in addition to the amount otherwise paid under this part, there also shall be paid to the physician (or to an employer or facility in the cases described in clause
(A)of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 5 percent of the payment amount for the service under this part.”. " 101 STAT. 1330–86
(b)Study.— The Secretary of Health and Human Services shallReports.[42 USC 1395*l* note](/us/usc/t42/s1395l). study and report to Congress, by not later than January 1, 1990, on the feasibility of making additional payments described in section 1833(m) of the Social Security Act with respect to physician services which are performed in health manpower shortage areas located in urban areas.
(c)Effective Date.— The amendments made by this subsection
(a)[42 USC 1395*l* note](/us/usc/t42/s1395l). shall apply with respect to services furnished in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act) 2929Copy read “Act))”. on or after January 1, 1989, and to other services furnished on or after January 1, 1991. SEC. 4044. ADJUSTMENT IN PREVAILING CHARGE LEVEL FOR PRIMARY CARE SERVICES.
(a)Increase in Prevailing Charges for Primary Care Services.— Section 1842(b)(4)(A) of the Social Security Act (42 U.S.C. 1395u(b)(4)(A)), as amended by section 4041(a)(1) of this subtitle, is further amended by redesignating clause
(vi)as clause
(vii)and by inserting after clause
(v)the following new clause: " “(vi) Before each year (beginning with 1989), the Secretary shall establish a prevailing charge floor for primary care services (as defined in subparagraph (E)(iii)) equal to 50 percent of the average of the prevailing charge levels (determined, for participating physicians under the third and fourth sentences of paragraph
(3)and under paragraph (4), without regard to this clause and without regard to physician specialty) for such service for all localities in the United States (weighted by the relative frequency of the service in each locality) for the year.”. "
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 1395u note](/us/usc/t42/s1395u). shall apply to payment for physicians’ services furnished on or after January 1, 1989. SEC. 4045. REDUCTION IN PREVAILING CHARGE LEVEL FOR OVERPRICED PROCEDURES.
(a)In General.— Paragraph
(10)of section 1842(b) of the Social Security Act (42 U.S.C. 1395u(b)) is amended to read as follows: " “(10)
(i)In determining the reasonable charge under paragraph
(3)for procedures described in subparagraph
(C)and performed during the 9-month period beginning on April 1, 1988, the prevailing charge for such procedure for participating and nonparticipating physicians shall be the prevailing charge otherwise recognized for such procedure for 1987— “(I) subject to clause (iii), reduced by 2.0 percent, and “(II) further reduced by the applicable percentage specified in clause (ii). “(ii) For purposes of clause (i), the applicable percentage specified in this clause is— “(I) 15 percent, in the case of a prevailing charge otherwise recognized (without regard to this paragraph and determined without regard to physician specialty) that is at least 150 percent of the weighted national average (as determined by the Secretary) of such prevailing charges for such procedure for all localities in the United States for 1987; “(II) 0 percent, in the case of a prevailing charge that does not exceed 85 percent of such weighted national average; and 101 STAT. 1330–87 “(III) in the case of any other prevailing charge, a percent determined on the basis of a straight-line sliding scale, equal to 3/13 of a percentage point for each percent by which the prevailing charge exceeds 85 percent of such weighted national average. “(iii) In no case shall the reduction under clause
(i)for a procedure result in a prevailing charge in a locality for 1988 which is less than 85 percent of the Secretary’s estimate of the weighted national average of such prevailing charges for such procedure for all localities in the United States for 1987 passed upon the best available data and determined without regard to physician specialty) after making the reduction described in clause (i)(II). “(B) The procedures described in this subparagraph are as follows: bronchoscopy, 29a29aCopy read “bronschoscopy,”. carpal tunnel repair, cataract surgery, coronary artery bypass surgery, diagnostic and/or therapeutic dilation and curettage, knee arthroscopy, knee arthroplasty, pacemaker implantation surgery, total hip replacement, suprapubic prostatectomy, transurethral resection of the prostate, and upper gastrointestinal endoscopy. “(C) In the case of a reduction in the reasonable charge for a physicians’ service under subparagraph (A), if a nonparticipating physician furnishes the service to an individual entitled to benefits under this part, after the effective date of such reduction, the physician’s actual charge is subject to a limit under subsection (j)(1)(D). “(D) There shall be no administrative or judicial review section 1869 or otherwise of any determination under subparagraph
(A)or under29b29bCopy read “under under”. paragraph (11)(B)(ii).”. "
(b)Modification of Geographic Index.— Section 1845(e)(4)(A)(i) of such Act (42 U.S.C. 1395w–l(e)(4)(A)(i)) is amended by inserting “and costs of living” after “costs of practice”.
(c)Consolidated Charge Limitation Provisions.—
(1)Penalties for excess charges.— Section 1842 of such Act is further amended—
(A)in subsection (b)(11)(C)—
(i)in clause (i), by striking “(subject to clause (iv))” and all that follows through the end and inserting the following: “, the physician’s actual charge is subject to a limit under subsection (j)(1)(D).”;
(ii)in clause (i), by striking “(i)” after “(C)”; and
(iii)by striking clauses
(ii)through (iv); and
(B)in subsection (j)(1), by adding at the end the following new subparagraph: " “(D)
(i)If an action described in clause
(ii)results in a reduction in a reasonable charge for a physicians’ service or item and a nonparticipating physician furnishes the service or item to an individual entitled to benefits under this part after the effective date of such action, the physician may not charge the individual more than 125 percent of the reduced payment allowance (as defined in clause (iii)) plus (for services or items furnished during the 12-month period (or 9-month period in the case of an action described in clause (ii)(II) beginning on the effective date of the action) ½ of the amount by which the physician’s maximum allowable actual charge for the service or item for the previous 12-month period exceeds such 125 percent level. “(ii) The first sentence of clause
(i)shall apply to— 101 STAT. 1330–88 “(I) an adjustment under subsection (b)(8)(B) (relating to inherent reasonableness), “(II) a reduction under subsection (b)(10)(A) (relating to certain overpriced procedures), “(III) a reduction under subsection (b)(11)(B) (relating to certain cataract procedures), and “(IV) an adjustment under section 1833(1)(3)(B) (relating to physician supervision of certified registered nurse anesthetists), “(iii) In clause (i), the term ‘reduced payment allowance’ means, with respect to an action— “(I) under subsection (b)(8)(B), the inherently reasonable charge established under subsection (b)(8); or “(II) under subsection (b)(10)(A) or (b)(11)(B) or under section 1833(1)(3)(B), the prevailing charge for the service after the action, “(iv) If a physician knowingly and willfully imposes a charge in violation of clause
(i)(whether or not such charge violates subparagraph (B)), the Secretary may apply sanctions against such physician in accordance with paragraph (2). “(v) Clause
(i)shall not apply to items and services furnished after the earlier of
(I)December 31, 1990, or
(II)one-year after the date the Secretary reports to Congress, under section 1845(e)(3), on the development of the relative value scale under section 1845.”. "
(2)Conforming amendments.—
(A)Section 1833(1)(6) of such Act (42 U.S.C. 13951(1)(6)) is amended—
(i)in subparagraph (A), by striking “(subject to subparagraph (D))” and all that follows through the end and inserting the following: “after the effective date of the reduction, the physician’s actual charge is subject to a limit under section 1842(j)(1)(D).”;
(ii)in subparagraph (A), by striking “(A)” after “(6)”; and
(iii)by striking subparagraphs
(B)through (D).
(B)Section 1842(b)(11)(B)(i) of such Act (42 U.S.C. 1395u(b)(11)(B)(i)) is amended by striking “and shall be further reduced” and all that follows through “1988”.
(C)Section 9334(b)(2) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking “1842(b)(10)” and inserting[42 USC 1395u note](/us/usc/t42/s1395u). “1842(j)(1)(D)”.
(d)Effective Date.— The amendments made by this section shall[42 USC 1395u note](/us/usc/t42/s1395u). apply to items and services furnished on or after April 1, 1988, except the amendment made by subsection (c)(2)(B) shall apply to services furnished on or after January 1, 1988. SEC. 4046. LIMITS ON PAYMENT FOR OPHTHALMIC ULTRASOUND.
(a)In General.— Section 1842 of the Social Security Act (42 U.S.C. 1395u), as previously amended by this subpart is amended—
(1)in subsection (b)(11)—
(A)in subparagraph (C), as redesignated under section 4045(c)(1)(A)(ii) of this title, by inserting “or (C)” after “subparagraph (B)”;
(B)by redesignating subparagraph
(C)as subparagraph (D); and
(C)by inserting after subparagraph
(B)the following new subparagraph: " “(C) The prevailing charge level determined with respect to Amode ophthalmic ultrasound procedures may not exceed 5 percent101 STAT. 1330–89 of the prevailing charge level established with respect to extracapsular cataract removal with lens implantation.”; and "
(2)in subparagraph
(D)of subsection (j)(1), as added by section 4045(c)(1)(B) of this subtitle—
(A)in clause (ii), by striking “and” at the end of subclause (III), by redesignating subclause
(IV)as subclause
(V)and by inserting before such subclause the following new subclause: " “(IV) a prevailing charge limit is established under subsection (b)(11)(C)(i), and”; and "
(B)in clause (iii)(II), by striking “or (b)(11)(B)” and inserting “(b)(11)(B), or (b)(11)(C)(i)”.
(b)Effective Date.— The amendments made by subsection (a)[42 USC 1395u note](/us/usc/t42/s1395u). shall apply to services furnished on or after April 1, 1988. SEC. 4047. CUSTOMARY CHARGES FOR PRIMARY CARE SERVICES OF NEW PHYSICIANS.
(a)In General.— Section 1842(b)(4) of the Social Security Act, as amended by section 4042(a), is further amended by adding at the end thereof the following new subparagraph: " “(G) In determining the customary charges for physicians’ services (other primary care services and other than services furnished in a rural area (as defined in section 1886(d)(2)(D)) that is designated, under section 332(a)(1)(A) of the Public Health Service Act, as a health manpower shortage area) for which adequate actual charge data are not available because a physician has not yet been in practice for a sufficient period of time, the Secretary shall set a customary charge at a level no higher than 80 percent of the prevailing charge (as determined under the third and fourth sentences of paragraph
(3)and under paragraph (4)) for a service.”. "
(b)Effective Date.— The amendment made by subsection (a)[42 USC 1395u note](/us/usc/t42/s1395u). shall apply to physicians who first furnish services to medicare beneficiaries after April 1, 1988. SEC. 4048. PAYMENT FOR PHYSICIAN ANESTHESIA SERVICES.
(a)In General.— Section 1842(b) of the Social Security Act (42 U.S.C. 1395u(b)) is further amended by adding at the end the following new paragraph: " “(14)
(A)In determining the reasonable charge under paragraph
(3)of a physician for medical direction of two or more nurse anesthetists performing, on or after April 1, 1988, and before January 1, 1991, anesthesia services in whole or in part concurrently, the number of base units which may be recognized with respect to such medical direction for each concurrent procedure (other than cataract surgery or an iridectomy) shall be reduced by— “(i) 10 percent, in the case of medical direction of 2 nurse anesthetists concurrently, “(ii) 25 percent, in the case of medical direction of 3 nurse anesthetists concurrently, and “(iii) 40 percent, in the case of medical direction of 4 nurse anesthetists concurrently. “(B) In determining the reasonable charge under paragraph
(3)of a physician for medical direction of two or more nurse anesthetists performing, on or after January 1, 1989, and before January 1, 1991, anesthesia services in whole or in part concurrently, the number of base units which may be recognized with respect to such medical101 STAT. 1330–90 direction for each concurrent cataract surgery or iridectomy procedure shall be reduced by 10 percent. “(C) The Secretary shall require claims for physicians’ services for medical direction of nurse anesthetists during the periods in which the provisions of subparagraph
(A)or
(B)apply to indicate the number of such anesthetists being medically directed concurrently at any time during the procedure, the name of each nurse anesthetist being directed, and the type of procedure for which the services are provided.”. "
(b)Development of Uniform Relative Value Guide.— The SecretaryRegulations.[42 USC 1395u note](/us/usc/t42/s1395u). of Health and Human Services, in consultation with groups representing physicians who furnish anesthesia services, shall establish by regulation a relative value guide for use in all carrier localities in making payment for physician anesthesia services furnished under part B of title XVIII of the Social Security Act on and after January 1, 1989. Such guide shall be designed so as to result in expenditures under such title for such services in an amount that would not exceed the amount of such expenditures which would otherwise occur.
(c)Study of Prevailing Charges for Anesthesia Services.— Reports.[42 USC 1395u note](/us/usc/t42/s1395u). The Secretary of Health and Human Services shall conduct a study of the variations in conversion factors used by carriers under section 1842(b) of the Social Security Act to determine the prevailing charge for anesthesia services and shall report the results of the study and make recommendations for appropriate adjustments in such factors not later than January 1, 1989.
(d)GAO Studies.—
(1)The Comptroller General shall conduct a[42 USC 1395u note](/us/usc/t42/s1395u). study—
(A)to determine the average anesthesia times reported for medicare reimbursement purposes,
(B)to verify those times from patient medical records,
(C)to compare anesthesia times to average surgical times, and
(D)to determine whether the current payments for physician supervision of nurse anesthetists are excessive. The Comptroller General shall report to Congress, by not later thanReports. January 1, 1989, on such study and in the report include recommendations regarding the appropriateness of the anesthesia times recognized by medicare for reimbursement purposes and recommendations regarding adjustments of payments for physician supervision of nurse anesthetists.
(2)The Comptroller General shall conduct a study on the impactReports. of the amendment made by subsection (a), and shall report to Congress on the results of such study by April 1, 1990. SEC. 4049. FEE SCHEDULES FOR RADIOLOGIST SERVICES.
(a)In General.— Part B of title XVIII of the Social Security Act is amended—
(1)in section 1833(a)(1) (42 U.S.C. 13951(a)(1)), as amended by section 4062(c)(3) of this subtitle by striking “and” before “(I)”, and by adding at the end the following new clause: “and
(J)with respect to expenses incurred for radiologist services (as defined in section 1834(b)(5)), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or the amount provided under the fee schedule established under section 1834(b),”; and 101 STAT. 1330–91
(2)by adding at the end of section 1834, as subsequently inserted by section 4062(a) of this subtitle, the following new subsection: " “(b) Fee Schedules for Radiologist Services.— [42 USC 1395m](/us/usc/t42/s1395m). “(1) Development.— The Secretary shall develop— “(A) a relative value scale to serve as the basis for the payment for radiologist services under this part, and “(B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, or carrier service area basis) for payment for radiologist services under this part, to be implemented for such services furnished during 1989. “(2) Consultation.— In carrying out paragraph (1), the Secretary shall regularly consult closely with the Physician Payment Review Commission, the American College of Radiology, and other organizations representing physicians or suppliers who furnish radiologist services and shall share with them the data and data analysis being used to make the determinations under paragraph (1), including data on variations in current medicare payments by geographic area, and by service and physician specialty. “(3) Considerations.— In developing the relative value scale and fee schedules under paragraph (1), the Secretary— “(A) shall take into consideration variations in the cost of furnishing such services among geographic areas and among different sites where services are furnished, and “(B) may also take into consideration such other factors respecting the manner in which physicians in different specialties furnish such services as may be appropriate to assure that payment amounts are equitable and designed to promote effective and efficient provision of radiologist services by physicians in the different specialties. “(4) Savings.— “(A) Budget neutral fee schedules.— The Secretary shall develop preliminary fee schedules for 1989, which are designed to result in the same amount of aggregate payments (net of any insurance and deductibles under section 1835(a)(1)(I) and 1833(b)) for radiologist services furnished in 1989 as would have been made if this subsection had not been enacted. “(B) Initial savings.— The fee schedules established for payment purposes under this subsection for services furnished in 1989 shall be 97 percent of the amounts permitted under these3030Copy read “this”. preliminary fee schedules developed under subparagraph (A). “(C) Subsequent updating.— Radiologist services furnished in subsequent years, the fee schedules shall be the schedules for the previous year updated by the percentage increase in the MEI (as defined in section 1842(b)(4)(E)(ii)) for the year. “(D) 3131Copy read “(C)”. Nonparticipating physicians.— Each fee schedule so established shall provide that the payment rate101 STAT. 1330–92 recognized for nonparticipating physicians and suppliers is equal to the appropriate percent (as defined in section 1842(b)(4)(A)(iv)) of the payment rate recognized for participating physicians and suppliers. “(5) Limiting charges of nonparticipating physicians.— “(A) In general.— In the case of radiologist services furnished after January 1, 1989, for which payment is made under a fee schedule under this subsection, if a nonparticipating physician or supplier furnishes the service to an individual entitled to benefits under this part, the physician or supplier may not charge the individual more than the limiting charge (as defined in subparagraph (B)). “(B) Limiting charge defined.— In subparagraph (A), the term ‘limiting charge’ means, with respect to a service furnished— “(i) in 1989, 125 percent of the amount specified for the service in the appropriate fee schedule established under paragraph (1), “(ii) in 1990, 120 percent of the amount specified for the service in the appropriate fee schedule established under paragraph (1), and “(iii) after 1990, 115 percent of the amount specified for the service in the appropriate fee schedule established under paragraph (1). “(C) Enforcement.— If a physician or supplier knowingly and willfully imposes a charge in violation of subparagraph (A), the Secretary may apply sanctions against such physician or supplier in accordance with section 1842(j)(2). “(6) 3232Copy read “ ‘( 5 )”. Radiologist Services Defined.— For the purposes of this subsection, section 1833(a)(1)(I), and section 1842(h)(1)(B), the term ‘radiologist services’ only includes radiologic services performed by, or under the direction or supervision of, a physician— “(A) who is certified, or eligible to be certified, by the American Board of Radiology, or “(B) for whom radiologic services account for at least 50 percent of billings made under this part.”. "
(b)Deadlines and Effective Date.— Reports.[42 USC 1395m note](/us/usc/t42/s1395m).
(1)The Secretary of Health and Human Services shall establish the relative value scale and fee schedules for radiologist services (under section 1834(b) of the Social Security Act) by not later than August 1, 1988, and shall report to Congress on the development of such fee schedules not later than August 1, 1988.
(2)The amendments made by this section shall apply to services performed on or after January 1, 1989, and until such time as the Secretary of Health and Human Services implements physician fee schedules based on the relative value scale developed under section 1845(e) of the Social Security Act. SEC. 4050. FEE SCHEDULES FOR PHYSICIAN PATHOLOGY SERVICES. [42 USC 1395l note](/us/usc/t42/s1395l).
(a)In General.— The Secretary of Health and Human Services shall develop— 101 STAT. 1330–93
(1)a relative value scale to serve as the basis for the payment for physician pathology services under part B of title XVIII of the Social Security Act,
(2)using such scale and appropriate conversion factors, proposed fee schedules (on a regional, statewide, or carrier service area basis) for payment for physician pathology services under such part, that could be implemented for such services furnished during 1990, and
(3)an appropriate index to be applied to updating such fee schedules annually for physician pathology services furnished in years after 1990.
(b)Consultation.— In carrying out subsection (a), the Secretary shall regularly consult closely with the Physician Payment Review Commission, the College of American Pathologists, and other organizations representing physicians who furnish physician pathology services and shall share with them the data and data analysis being used to make the determinations under subsection (a), including data on variations in current medicare payments by geographic area, and by service and physician specialty.
(c)Consideration.— In developing the fee schedules under subsection (a), the Secretary shall take into consideration variations in the cost of furnishing physician pathology services among geographic areas.
(d)Report.— The Secretary shall report, not later than April 1, 1989, to the Committees on Energy and Commerce and Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the relative value scale, fee schedules, and the index developed under this section. Such report shall include recommendations on how to protect medicare beneficiaries against excessive charges for physician pathology services above the payment amounts established by the fee schedules. SEC. 4051. ELIMINATION OF MARKUP FOR CERTAIN PURCHASED SERVICES.
(a)In General.— Section 1842 of the Social Security Act (42 U.S.C.[42 USC 1395u](/us/usc/t42/s1395u). 1935u) is amended by adding at the end the following new subsection: " “(n)
(1)If a physician’s bill or a request for payment for services billed by a physician includes a charge to a patient for a diagnostic test described in section 1861(s)(3) (other than a clinical diagnostic laboratory test) for which payment does not indicate that the billing physician personally performed or supervised the performance of the test or that another physician with whom the physician who shares his practice personally performed or supervised the test, the amount payable with respect to the test shall be determined as follows: “(A) If the bill or request for payment indicates that the test was performed by a supplier, identifies the supplier, and indicates the amount the supplier charged the billing physician, payment for the test (less the applicable deductible and coinsurance amounts) shall be the actual acquisition costs (net of any discounts) or, if lower, the [ --------] [--------] [-------- ] [-------- ] [-------- ] 32a32aCopy not legible. enrolled under [--------] [-------- ] [-------- ] [-------- ] [--------].32a32aCopy not legible. “(B) If the bill or request for payment
(i)does not indicate who performed the test, or
(ii)indicates that the test was performed by a supplier but does not identify the supplier or include the101 STAT. 1330–94 amount charged by the supplier, no payment shall be made under this part. “(2) A physician may not bill an individual enrolled under this part— “(A) any amount other than any applicable deductible and coinsurance for a diagnostic test for which payment is made pursuant to paragraph (1)(A), or “(B) any amount for a diagnostic test for which payment may not be made pursuant to paragraph (1)(B). “(3) If a physician knowingly and willfully in repeated cases bills one or more individuals in violation of paragraph (2), the Secretary may apply sanctions against such physician or supplier in accordance with section 1842(j)(2).”. "
(b)Adjustment in Medicare Prevailing Charges.— 42 USC 1395u.
(1)Review.— The Secretary of Health and Human Services shall review payment levels under part B of title XVIII of the Social Security Act for diagnostic tests (described in section 1861(s)(3) of such Act, but excluding clinical diagnostic laboratory tests) which are commonly performed by independent suppliers, sold as a service to physicians, and billed by such physicians, in order to determine the reasonableness of payment amounts for such tests (and for associated professional services component of such tests). The Secretary may require physicians and suppliers to provide such information on the purchase or sale price (net of any discounts) for such tests as is necessary to complete the review and make the adjustments under this subsection. The Secretary shall also review the reasonableness of payment levels for comparable in-office diagnostic tests.
(2)Establishment of revised payment screens.— If, as a result of such review, the Secretary determines, after notice and opportunity of at least 60 days for public comment, that the current prevailing charge levels (under the third and fourth sentences of section 1842(b) of the Social Security Act) for any such tests or associated professional services are excessive, the Secretary shall establish such charge levels at levels which, consistent with assuring that the test is widely and consistently available to medicare beneficiaries, reflect a reasonable price for the test without any markup. Alternatively, the Secretary,Contracts. pursuant to guidelines published after notice and opportunity of at least 60 days for public comment, may delegate to carriers with contracts under section 1842 of the Social Security Act the establishment of new prevailing charge levels under this paragraph. When such charge levels are established, the provisions of section 1842(j)(1)(D) of such Act shall apply in the same manner as they apply to a reduction under section 1842(b)(8)(A) of such Act.
(c)Effective Dates.— [42 USC 1395u note](/us/usc/t42/s1395u).
(1)The amendment made by subsection
(a)shall apply to diagnostic tests performed on or sifter April 1, 1988.
(2)The Secretary of Health and Human Services shall complete the review and make an appropriate adjustment of prevailing charge levels under subsection
(b)for items and services furnished no later than January 1, 1989. 101 STAT. 1330–95 SEC. 4052. COLLECTION OF PAST-DUE AMOUNTS OWNED BY PHYSICIANS WHO BREACHED CONTRACTS UNDER THE NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM.
(a)In General.— Title XVIII of the Social Security Act, as previously amended by this subtitle, is amended by adding at the end thereof the following new section: " “offset of payments to physicians to collect past-due obligations arising from breach of scholarship contract [42 USC 1395ccc](/us/usc/t42/s1395ccc). “Sec. 1892.
(a)In General.— “(1)
(A)Subject to subparagraph (B), the Secretary shall enter into an agreement under this section with any physician who, by reason of a breach of a contract entered into by such physician pursuant to the National Health Service Corps Scholarship Program, owes a past-due obligation to the United States (as defined in subsection (b)). “(B) The Secretary shall not enter into an agreement with a physician under this section to the extent— “(i)
(I)the physician has entered into a contract with the Secretary pursuant to section 204(a)(1) of the Public Health Service Amendments of 1987, and “(II) the physician has fulfilled or (as determined by the Secretary) is fulfilling the terms of such contract; or “(ii) the liability of the physician under such section 204(a)(1) has otherwise been relieved under such section; or “(iii) the physician is performing such physician’s service obligation under a forbearance agreement entered into with the Secretary under subpart II of part D of title III of the Public Health Service Act. “(2) The agreement under this section shall provide that— “(A) deductions shall be made from the amounts otherwise payable to the physician under this title, in accordance with a formula and schedule agreed to by the Secretary and the physician, until such past-due obligation (and accrued interest) have been repaid; “(B) payment under this title for services provided by such physician shall be made only on an assignment-related basis; “(C) if the physician does not provide services, for which payment would otherwise be made under this title, of a sufficient quantity to maintain the offset collection according to the agreed upon formula and schedule— “(i) the Secretary shall immediately inform the Attorney General, and the Attorney General shall immediately commence an action to recover the full amount of the past-due obligation, and “(ii) subject to paragraph (3), the Secretary shall immediately exclude the physician from the program under this title, until such time as the entire past-due obligation has been repaid. “(3) If the physician refuses to enter into an agreement or breaches any provision of the agreement— “(A) the Secretary shall immediately inform the Attorney General, and the Attorney General shall immediately commence an action to recover the full amount of the past-due obligation, and 101 STAT. 1330–96 “(B) subject to paragraph (3), the Secretary shall immediately exclude the physician from the program under this title, until such time as the entire past-due obligation has been repaid. “(4) The Secretary shall not bar a physician pursuant to paragraph (2)(C)(ii) or paragraph (3)(B) if such physician is a sole community physician or sole source of essential specialized services in a community. “(b) Past-Due Obligation.— For purposes of this section, a past-due obligation is any amount— “(1) owed by a physician to the United States by reason of a breach of a scholarship contract under section 338E of the Public Health Service Act, and “(2) which has not been paid by the deadline established by the Secretary pursuant to section 338E of the Public Health Service Act, and has not been canceled, waived, or suspended by the Secretary pursuant to such section. “(c) Collection Under This Section Shall Not Be Exclusive.— This section shall not preclude the United States from applying other provisions of law otherwise applicable to the collection of obligations owed to the United States, including (but not limited to) the use of tax refund offsets pursuant to section 3720A of title 31, United States Code, and the application of other procedures provided under chapter 37 of title 31, United States Code. “(d) Collection from Providers and Health Maintenance Organizations.— “(1) In the case of a physician who owes a past-due obligation, and who is an employee of, or affiliated by a medical services agreement with, a provider having an agreement under section 1866 or a health maintenance organization or competitive medical plan having a contract under section 1833 or section 1876, the Secretary shall deduct the amounts of such past-due obligation from amounts otherwise payable under this title to such provider, organization, or plan. “(2) Deductions shall be in accordance with a formula and schedule agreed to by the Secretary, the physician and the provider, organization, or plan. The deductions shall be made from the amounts otherwise payable to the physician under this title as long as the physician continued to be employed or affiliated by a medical services agreement. “(3) Such deduction shall not be made until 6 months after the Secretary notifies the provider, organization, or plan of the amount to be deducted and the particular physicians to whom the deductions are attributable. “(4) A deduction made under this subsection shall relieve the physician of the obligation (to the extent of the amount collected) to the United States, but the provider, organization, or plan shall have a right of action to collect from such physician the amount deducted pursuant to this subsection (including accumulated interest). “(5) No deduction shall be made under this subsection if, within the 6-month period after notice is given to the provider, organization, or plan, the physician pays the past-due obligation, or ceases to be employed by the provider, organization, or plan. “(6) The Secretary shall also apply the provisions of this subsection in the case of a physician who is a member of a group101 STAT. 1330–97 practice, if such group practice submits bills under this program as a group, rather than by individual physicians. “(e) Transfer from Trust Funds.— Amounts equal to the amounts deducted pursuant to this section shall be transferred from the Trust Fund from which the payment to the physician, provider, or other entity would otherwise have been made, to the general fund in the Treasury, and shall be credited as payment of the past-due obligation of the physician from whom (or with respect to whom) the deduction was made.”. "
(b)Conforming Reference.— Section 338E(b)(1) of the Public Health Service Act (42 U.S.C. 254o(b)(l)) is amended by adding at the end thereof the following new sentence: “Amounts not paid within such period shall be subject to collection through deductions in Medicare payments pursuant to section 1892 of the Social Security Act.”.
(c)Effective Date.— The amendments made by this section shall[42 USC 1395CCC note](/us/usc/t42/s1395CCC). be effective on the date of the enactment of this Act. SEC. 4052. ELIMINATION OF 1975 FLOOR FOR PREVAILING PHYSICIAN CHARGES.
(a)In General.— Section 1842(b)(3) of the Social Security Act (42 U.S.C. 1395u(b)(3)) is amended by striking the next-to-last sentence (which begins "Notwithstanding the provisions of).
(b)Effective Date.— The amendment made by subsection (a)[42 USC 1395u note](/us/usc/t42/s1395u). shall apply to payment for services furnished on or after January 1, 1988. SEC. 4053. APPLICATION OF MAXIMUM ALLOWABLE ACTUAL CHARGE (MAAC).
(a)Application on Individual Charge Basis.— Section 1842(j)(1) of the Social Security Act (42 U.S.C. 1395u(j)(1)) is amended—
(1)in the first sentence of subparagraph (B)(i), by striking “each such physician’s actual charges” and inserting “the actual charges of each such physician”;
(2)in the second sentence of subparagraph (B)(i), by striking “for such a service a physician’s actual charge {as defined in subparagraph (C)(vi)” and inserting “on a repeated basis for such a service an actual charge”; and
(3)in subparagraph (C)(vi), by striking “and subparagraph (B)”.
(b)Adjustment.— In the case of a physician who did not have[42 USC 1395u note](/us/usc/t42/s1395u). actual charges under title XVIII of the Social Security Act for a procedure in the calendar quarter beginning on April 1, 1984, but who establishes to the satisfaction of a carrier that he or she had actual charges (whether under such title or otherwise) for the procedure performed prior to June 30, 1984, the carrier shall compute the maximum allowable actual charge under section 1842(j) of the Social Security Act for such procedure performed by such physician in 1988 based on such physician’s actual charges for the procedure.
(c)Effective Date.— The amendment made by subsection
(a)shall[42 USC 1395u note](/us/usc/t42/s1395u). apply to charges imposed for services furnished on or after April 1, 1988. 101 STAT. 1330–98 SEC. 4054. APPLYING COPAYMENT AND DEDUCTIBLE TO CERTAIN OUT-PATIENT PHYSICIANS’ SERVICES. [42 USC 1395l note](/us/usc/t42/s1395l). Notwithstanding any other provision of law, payment under part B of title XVIII of the Social Security Act for physicians’ services specified in section 1833(i)(l) of such Act and furnished on or after April 1, 1988, in an ambulatory surgical center or hospital outpatient department on an assignment-related basis shall be subject to the deductible under section 1833(b) of such Act and 20 percent coinsurance. SEC. 4055. PHYSICIAN PAYMENT STUDIES.
(a)Definitions of Medical and Surgical Procedures.— [42 USC 1395u note](/us/usc/t42/s1395u).
(1)Report on variations in carrier payment practice.— The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall conduct a study of variations in payment practices for physicians’ services among the different carriers under section 1842 of the Social Security Act. Such study shall examine carrier variations in the services included in global fees and pre- and post-operative services included in payment for the operation. The Secretary shall report to Congress on such study by not later than May 1, 1988.
(2)Uniform definitions of procedures for payment purposes.— The Secretary shall develop, in consultation with appropriate national medical specialty societies and by not later than July 1, 1989, uniform definitions of physicians’ services (including appropriate classification scheme for procedures) which could serve as the basis for making payments for such services under part B of title XVIII of the Social Security Act. In developing such list, to the extent practicable—
(A)ancillary services commonly performed in conjunction with a major procedure would be included with the major procedure;
(B)pre- and post-procedure services would be included in the procedure; and
(C)similar procedures would be listed together if the procedures are similar in resource requirements.
(b)Expansion Of Relative Value Scale
(RVS)Study.— [42 USC 1395W–1 note](/us/usc/t42/s1395W–1).
(1)Additional services.— The Secretary shall expand the study being conducted, under section 1845(e) of the Social Security Act, to develop a relative value scale for physicians’ services to include physicians’ services in the fields of cardiology, dermatology, emergency medicine, gastroenterology, hematology, infectious disease, nephrology, neurology, neurosurgery, nuclear medicine, oncology, physical medicine and rehabilitation, plastic surgery, pulmonary medicine, and radiation therapy, and for physicians who specialize in osteopathic procedures.
(2)No delay in current study.— The expansion under paragraph
(1)shall not be conducted in a manner that delays the completion of the current study or the report to Congress required under section 1845(e)(3) of the Social Security Act. TheReports. Secretary shall report to Congress on the services described in paragraph
(1)by not later than October 1, 1989.
(3)Prompt submittal of study results to physician payment review commission.— Reports. The Secretary shall submit to the Physician Payment Review Commission a copy of any report submitted to the Secretary pursuant to a cooperative agreement in the fulfillment of the requirement of section 1845(e) of such101 STAT. 1330–99 Act, with all relevant supporting data (including survey data, analytic data files, and file documentation), by no later than 30 days after the date the final report is received by the Secretary.
(c)Other Physician Payment Studies.— [42 USC 1395l note](/us/usc/t42/s1395l).
(1)Fee schedule implementation.— The Secretary shall conduct a study of changes in the payment system for physicians’ services, under part B of title XVIII of the Social Security Act, that would be required for the implementation of a national fee schedule for such services furnished on or after January 1, 1990. Such study shall identify any major technical problems related to such implementation and recommendations on ways in which to address such problems. The Secretary shall report to theReports. Congress on such study by not later than July 1, 1989.
(2)Volume and intensity of physician services.— The Secretary shall conduct a study of issues relating to the volume and intensity of physicians’ services under part B of title XVIII of the Social Security Act, including—
(A)historical trends with regard to increases in the volume and intensity of physicians’ services furnished on a per enrollee basis (with appropriate adjustments to account for changes in the demographic composition of the medicare population);
(B)geographic variations in volume and intensity in physicians’ services;
(C)an analysis of the effectiveness of methods currently used under such part to ensure that payments under such part are made only for services which are medically necessary;
(D)the development and analysis of alternative methods to control the volume of services; and
(E)the impact of the implementation of the relative value scale developed under section 1845(e) of such Act on the volume and intensity of physicians’ services. The Secretary shall submit to Congress an interim report onReports. such study not later than May 1, 1988, and a final report on such study not later than May 1, 1989.
(3)Survey of out-of-pocket costs of medicare beneficiaries for health care services.— The Secretary shall conduct a survey to determine the distribution of—
(A)the liabilities and expenditures for health care services of individuals entitled to benefits under title XVIII of the Social Security Act, including liabilities for charges (not paid on an assignment-related basis) in excess of the reasonable charge recognized, and
(B)the collection rates among different classes of physicians for such liabilities, including collection rates for required coinsurance and for charges (not paid on an assignment-related basis) in excess of the reasonable charge recognized. The Secretary shall report to Congress on such study by notReports. later than July 1, 1990.
(d)Study of Payment for Chemotherapy in Physicians’ Offices.— [42 USC 1395l note](/us/usc/t42/s1395l).
(1)In general.— The Secretary shall study ways of modifying part B of title XVIII of the Social Security Act to permit adequate payment under such part for the costs associated with providing chemotherapy to cancer patients in physicians’ of-101 STAT. 1330–100fices. The study shall be performed in consultation with physicians and other health care providers who are experts in cancer therapy and with representation of health insurers who have experience in these payment issues.
(2)Report.— The Secretary shall report to Congress on the results of the study by not later than April 1, 1989. **Subpart B—** **Provisions Relating to Payments for Other Services** SEC. 4061. EXTENSION OF REDUCTION FOR OTHER PART B ITEMS AND SERVICES PAYMENTS UNDER SEQUESTER ORDER. [2 USC 902 note](/us/usc/t2/s902). Notwithstanding any other provision of law (including any other provision of this Act), the reductions in the amount of payments required under title XVIII of the Social Security Act made by the final sequester order issued by the President on November 20, 1987, pursuant to section 252(b) of the Balanced Budget Emergency Deficit Control Act of 1985 shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act) through March 31, 1988, with respect to payments for all items and services (other than physicians’ services) under part B of such title. SEC. 4062. PAYMENTS FOR DURABLE MEDICAL EQUIPMENT, PROSTHETIC DEVICES, ORTHOTICS, AND PROSTHETICS.
(a)1-Year Freeze on Charge Limitations.— [42 USC 1395u note](/us/usc/t42/s1395u).
(1)In general.— In imposing limitations on allowable charges for items and services (other than physicians’ services) furnished in 1988 under part B of title XVIII of such Act and for which payment is made on the basis of the reasonable charge for the item or service, the Secretary of Health and Human Services shall not impose any limitation at a level higher than the same level as was in effect in December 1987.
(2)Transition.— The provisions of section 4041(a)(2) (other than subparagraph
(D)thereof) of this subtitle shall apply to suppliers of items and services described in paragraph (1), and directories of participating suppliers of such items and services, in the same manner as such section applies to physicians furnishing physicians’ services, and directories of participating physicians.
(b)Amount and Frequency of Payment for Durable Medical Equipment, Prosthetic Devices, Orthotics, and Prosthetics.— Part B of title XVIII of the Social Security Act is amended by inserting after section 1833 the following new section: " “special payment rules for particular services “Sec. 1834.
(a)Payment for Durable Medical Equipment, Prosthetic Devices, Orthotics, and Prosthetics.— [42 USC 1395m](/us/usc/t42/s1395m). “(1) General rule for payment.— “(A) In general.— With respect to a covered item (as defined in paragraph (13)) for which payment is determined under this subsection, payment shall be made in the frequency specified in paragraphs
(2)through
(7)and in an amount equal to 80 percent of the payment basis described in subparagraph (B). “(B) Payment basis.— The payment basis described in this subparagraph is the lesser of— 101 STAT. 1330–101 “(i) the actual charge for the item, or “(ii) the payment amount recognized under paragraphs
(2)through
(7)of this subsection for the item; except that clause
(i)shall not apply if the covered item is furnished by a public home health agency (or by another home health agency which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low income) free of charge or at nominal charges to the public. “(C) Exclusive payment rule.— This subsection shall constitute the exclusive provision of this title for payment for covered items under this part. “(2) Payment for inexpensive and other routinely purchased durable medical equipment.— “(A) In general.— Payment for an item of durable medical equipment (as defined in paragraph (13)(A))— “(i) the purchase price of which does not exceed $150, or “(ii) which the Secretary determines is acquired at least 75 percent of the time by purchase, shall be made on a rental basis or in a lump-sum amount for the purchase of the item. The payment amount recognized for purchase or rental of such equipment is the amount specified in subparagraph
(B)for purchase or rental, except that the total amount of rental payments with respect to an item may not exceed the payment amount specified in subparagraph
(B)with respect to the purchase of the item. “(B) Payment amount.— For purposes of subparagraph (A), the amount specified in this subparagraph, with respect to the purchase or rental of an item furnished in a carrier service area— “(i) in 1989 is the average allowed charge in the area for the purchase or rental, respectively, of the item for the 12-month period ending on June 30, 1987, increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 6-month period ending with December 1987; or “(ii) in a subsequent year, is the amount specified in this subparagraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of that preceding year. “(3) Payment for items requiring frequent and substantial servicing.— “(A) In general.— Payment for a covered item (such as ventilators , aspirators, IPPB machines, and nebulizers) for which there must be frequent and substantial servicing in order to avoid risk to the patient’s health shall be made on a monthly basis for the rental of the item and the amount recognized is the amount specified in subparagraph (B). “(B) Payment amount.— For purposes of subparagraph (A), the amount specified in this subparagraph, with respect to an item or device furnished in a carrier service area— “(i) in 1989 is the average allowable charge in the area for the rental of the item or device for the 12-101 STAT. 1330–102 month period ending with June 1987, 3333Copy read “June, 1987,” increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 6-month period ending with December 1987; or “(ii) in a subsequent year, is the amount specified in this subparagraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of that preceding year. “(4) Payment for certain customized items.— Payment with respect to a covered item that is uniquely constructed or substantially modified to meet the specific needs of an individual patient shall be made in a lump-sum 3434Copy read “lump sum”. amount for the purchase of the item in a payment amount based upon the carrier’s individual consideration for that item, and for the reasonable and necessary maintenance and service for parts and labor not covered by the supplier’s or manufacturer’s warranty, when necessary during the period of medical need, and the amount recognized for such maintenance and service shall be paid on a lump-sum, as needed basis based upon the carrier’s individual consideration for that item. “(5) Payment for oxygen and oxygen equipment.— “(A) In general.— Payment for oxygen and oxygen equipment shall be made on a monthly basis in the monthly payment amount recognized under paragraph
(9)for oxygen and oxygen equipment (other than portable oxygen equipment), subject to subparagraphs
(B)and (C). “(B) Add-on for portable oxygen equipment.— When portable oxygen equipment is used, but subject to subparagraph (D), the payment amount recognized under subparagraph
(A)shall be increased by the monthly payment amount recognized under paragraph
(9)for portable oxygen equipment. “(C) Volume adjustment.— When the attending physician prescribes an oxygen flow rate— “(i) exceeding 4 liters per minute, the payment amount recognized under subparagraph (A), subject to subparagraph (D), shall be increased by 50 percent, or “(ii) of less than 1 liter per minute, the payment amount recognized under subparagraph
(A)shall be decreased by 50 percent. “(D) Limit on adjustment.— When portable oxygen equipment is used and the attending physician prescribes an oxygen flow rate exceeding 4 liters per minute, there shall only be an increase under either subparagraph
(B)or (C), whichever increase is larger, and not under both such subparagraphs. “(6) Payment for other covered items (other than durable medical equipment).— Payment for other covered items (other than durable medical equipment and other covered items described in paragraph (3), (4), or (5)) shall be made in a lump-sum amount for the purchase of the item in the amount of the purchase price recognized under paragraph (8). 101 STAT. 1330–103 “(7) Payment for other items of durable medical equipment.— “(A) In general.— In the case of an item of durable medical equipment not described in paragraphs
(2)through (6)— “(i) payment shall be made on a monthly basis for the rental of such item during the period of medical need (but payments under this subparagraph may not extend over a period of continuous use of longer than 15 months), and, subject to subparagraph (B), the amount recognized for each such month is 10 percent of the purchase price recognized under paragraph
(8)with respect to the item; “(ii) during the succeeding 6-month period of medical need, no payment shall be made for rental or servicing of the item; and “(iii) during the first month of each succeeding 6-month period of medical need, a service and maintenance payment may be made (for parts and labor not covered by the supplier’s or manufacturer’s warranty, as determined by the Secretary to be appropriate for the particular type of durable medical equipment) and the amount recognized for each such 6-month period is the lower of
(I)a reasonable and necessary maintenance and servicing fee established by the carrier, or
(II)10 percent of the total of the purchase price recognized under paragraph
(8)with respect to the item. The Secretary shall determine the meaning of the term ‘continuous’ in subparagraph (A). “(B) Range for rental amounts.— “(i) For 1989.— For items furnished during 1989, the payment amount recognized under subparagraph (A)(i) shall not be more than 115 percent, and shall not be less than 85 percent, of the prevailing charge established for rental of the item January 1987, increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 6-month period ending with December [------].34a34aCopy not legible. “(ii) For 1990.— For items furnished during 1990, the payment amount recognized under subparagraph (A)(i) shall not be more than the maximum amount established under clause (i), and shall not be less than the minimum amount established under such clause, for 1989, each such amount increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June 1989. “(8) Purchase price recognized for miscellaneous devices and items.— For purposes of paragraphs
(6)and (7), the amount that is recognized under this paragraph as the purchase price for a covered item is the amount described in subparagraph
(C)of this paragraph, determined as follows: “(A) Computation of local purchase price.— Each carrier under section 1842 shall compute a base local purchase price for the item as follows: “(i) The carrier shall compute a base local purchase price, for each item described— 101 STAT. 1330–104 “(I) in paragraph
(6)equal to the average allowable charge in the locality for the purchase of the item for the 12-month period ending with June 1987, or “(II) in paragraph
(7)equal to the average of the purchase prices on the claims submitted on an assignment-related basis for the unused item supplied during the 6-month period ending with December 1986. “(ii) The carrier shall compute a local purchase price, with respect to the furnishing of each particular item— “(I) in 1989, equal to the base local purchase price computed under clause
(i)increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 6-month period ending with December 1987, or “(II) in 1990, 1991, or 1992, equal to the local purchase price computed under this clause for the previous year increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year. “(B) Computation of regional purchase price.— With respect to the furnishing of a particular item in each region (as defined in section 1886(d)(2)(D)), the Secretary shall compute a regional purchase price— “(i) for 1991, and for 1992, equal to the average (weighted by relative volume of all claims among carriers) of the local purchase prices for the carriers in the region computed under subparagraph (A)(ii)(II) for the year, and “(ii) for each subsequent year, equal to the regional purchase price computed under this subparagraph for the previous year increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year. “(C) Purchase price recognized.— For purposes of paragraphs
(6)and
(7)and subject to subparagraph (D), the amount that is recognized under this paragraph as the purchase price for each item furnished— “(i) in 1989 or 1990, is 100 percent of the local purchase price computed under subparagraph (A)(ii)(I); “(ii) in 1991, is the sum of
(I)75 percent of the local purchase price computed under subparagraph (A)(ii)(II) for 1991, and
(II)25 percent of the regional purchase price computed under subparagraph
(B)for 1991; “(iii) in 1992, is the sum of
(I)50 percent of the local purchase price computed under subparagraph (A)(ii)(II) for 1992, and
(II)50 percent of the regional purchase price computed under subparagraph
(B)for 1992; and “(iv) in 1993 or a subsequent year, is the regional purchase price computed under subparagraph
(B)for that year. “(D) Range on amount recognized.— The amount that is recognized under subparagraph
(C)as the purchase price for an item furnished— 101 STAT. 1330–105 “(i) in 1991, may not exceed 130 percent, and may not be lower than 80 percent, of the average of the purchase prices recognized under such subparagraph for all the carrier service areas in the United States in that year; and “(ii) in a subsequent year, may not exceed 125 percent, and may not be lower than 85 percent, of the average of the purchase prices recognized under such subparagraph for all the carrier service areas in the United States in that year. “(9) Monthly payment amount recognized with respect to oxygen and oxygen equipment.— For purposes of paragraph (5), the amount that is recognized under this paragraph for payment for oxygen and oxygen equipment is the monthly payment amount described in subparagraph
(C)of this paragraph. Such amount shall be computed separately
(i)for all items of oxygen and oxygen equipment (other than portable oxygen equipment) and
(ii)for portable oxygen equipment (each such group referred to in this paragraph as an ‘item‘). “(A) Computation of local monthly payment rate.— Each carrier under this section shall compute a base local payment rate for each item as follows: “(i) The carrier shall compute a base local average monthly payment rate per beneficiary as an amount equal to
(I)the total reasonable charges for the item during the 12-month period ending with December 1986, divided by
(II)the total number of months for all beneficiaries receiving the item in the area during the 12-month period for which the carrier made payment for the item under this title. “(ii) The carrier shall compute a local average monthly payment rate for the item applicable— “(I) to 1989, equal to 95 percent of the base local average monthly payment rate computed under clause
(i)for the item increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with December 1987, or “(II) to 1990 and to 1991, equal to the local average monthly payment rate computed under this clause for the item for the previous year increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year. “(B) Computation of regional monthly payment rate.— With respect to the furnishing of an item in each region (as defined in section 1886(d)(2)(D)), the Secretary shall compute a regional monthly payment rate— “(i) for 1991, and 1992, equal to the average (weighted by relative volume of all claims among carriers) of the local monthly payment rates for the carriers in the region computed under subparagraph (A)(ii)(II) for the year, and “(ii) for each subsequent year, equal to the regional monthly payment rates computed under this subparagraph for the previous year increased by the percent-101 STAT. 1330–106age increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year. “(C) Monthly payment amount recognized.— For purposes of paragraph (5), the amount that is recognized under this paragraph as the base monthly payment amount for each item furnished— “(i) in 1989 and in 1990, is 100 percent of the local average monthly payment rate computed under subparagraph (A)(ii)(I) for the item; “(ii) in 1991, is the sum of
(I)75 percent of the local average monthly payment rate computed under subparagraph (A)(ii)(II) for the item for 1991, and
(II)25 percent of the regional monthly payment rate computed under subparagraph (B)(i) for the item for 1991; “(iii) in 1992, is the sum of
(I)50 percent of the local average monthly payment rate computed under subparagraph (A)(ii)(II) for the item for 1992, and
(II)50 percent of the regional monthly payment rate computed under subparagraph (B)(i) for the item for 1992; and “(iv) in a subsequent year, is the regional monthly payment rate computed under subparagraph
(B)for the item for that year. “(D) Range on amount recognized.— The amount that is recognized under subparagraph
(C)as the base monthly payment amount for an item furnished— “(i) in 1991, may not exceed 130 percent, and may not be lower than 80 percent, of the average of the base monthly payment amounts recognized under such subparagraph for all the carrier service areas in the United States in that year; and “(ii) in a subsequent year, may not exceed 125 percent, and may not be lower than 85 percent, of the average of the base monthly payment amounts recognized under such subparagraph for all the carrier service areas in the United States in that year. “(10) Exceptions and adjustments.— “(A) Areas outside continental united states.— Exceptions to the amounts recognized under the previous provisions of this subsection shall be made to take into account the unique circumstances of covered items furnished in Alaska, Hawaii, or Puerto Rico. “(B) Adjustment for inherent reasonableness.— For covered items furnished on or after January 1, 1991, the Secretary is authorized to apply the provisions of paragraphs
(8)and
(9)(other than subparagraph (D)) of section 1842(b) to covered items and suppliers of such items. “(C) Transcutaneous electrical nerve stimulator (tens).— In order to permit an attending physician time to determine whether the purchase of a transcutaneous electrical nerve stimulator is medically appropriate for a particular patient, the Secretary may determine an appropriate payment amount for the initial rental of such item for a period of not more than 2 months. If such item is subsequently purchased, the payment amount with respect101 STAT. 1330–107 to such purchase is the payment amount determined under paragraph (2). “(11) Improper billing and requirement of physician order.— “(A) Improper billing for certain rental items.— Notwithstanding any other provision of this title, a supplier of a covered item for which payment is made under this subsection and which is furnished on a rental basis shall continue to supply the item without charge (other than a charge provided under this subsection for the servicing of the item) after rental payments may no longer be made under this subsection. If a supplier knowingly and willfully violates the previous sentence, the Secretary may apply sanctions against the supplier under subsection (j)(2) in the same manner such sanctions may apply with respect to a physician. “(B) Requirement of physician order.— The Secretary is authorized to require, for specified covered items, that payment may be made under this subsection with respect to the item only if a physician has communicated to the supplier, before delivery of the item, a written order for the item. “(12) Regional carriers.— The Secretary may designate, by regulation under section 1842, one carrier for each region (as defined in section 1886(d)(2)(D)) to process all claims within the region for covered items under this section. “(13) Covered item.— In this subsection, the term ‘covered item’ means— “(A) durable medical equipment (as defined in section 1861(n)), including such equipment described in section 1861(m)(5); “(B) prosthetic devices (described in section 1861(s)(8)), but not including parenteral and enteral nutrition nutrients, supplies, and equipment; and “(C) orthotics and prosthetics (described in section 1861(s)(9)); but does not include intraocular lenses. “(14) Carrier.— In this subsection, any reference to the term ‘carrier’ includes a reference, with respect to durable medical equipment furnished by a home health agency as part of home health services, to a fiscal intermediary.”,
(c)Study and Evaluation.—
(1)The Secretary of Health and[42 USC 1395m note](/us/usc/t42/s1395m). Human Services shall monitor the impact of the amendments made by this section on the availability of covered items and shall evaluate the appropriateness of the volume adjustment for oxygen and oxygen equipment under section 1834(a)(5)(C) of the Social Security Act (as amended by subsection
(b)of this section). The SecretaryReports. shall report to Congress, by not later than January 1, 1991, on such impact and on the evaluation and shall include in such report recommendations for changes in payment methodology for covered items under section 1834(a) of such Act.
(2)Before January 1, 1991, the Secretary may not conduct any demonstration project respecting alternative methods of payment for covered items under title XVIII of the Social Security Act.
(3)In this subsection, the term “covered item” has the meaning given such term in section 1834(a)(13) of the Social Security Act (as amended by subsection
(b)of this section). 101 STAT. 1330–108
(4)The Secretary shall, upon written request, provide the data and information used in determining the payment amounts for covered items under section 1834(a) of the Social Security Act.
(5)The Comptroller General shall conduct a study on the appropriatenessReports. of the level of payments allowed for covered items under the medicare program, and shall report to Congress on the results of such study (including recommendations on the transition to regional or national rates) by not later than January 1, 1991. Entities furnishing such items which fail to provide the Comptroller General with reasonable access to necessary records to carry out the study under this paragraph are subject to exclusion from the medicare program under section 1128(a) of the Social Security Act.
(d)Conforming Amendments.—
(1)Section 1814 of such Act (42 U.S.C. 1395f) is amended—
(A)in subsection (j)(2)(B), by amending subparagraph
(B)to read as follows: " “(B) Section 1834(a)(1)(B).”, and "
(B)in subsection (k), by striking all that follows “shall be” and insert “the amount described in section 1834(a)(1).”.
(2)Section 1832(a) of such Act (42 U.S.C. 1395k(a)) is amended—
(A)in paragraph (2)(A), by inserting “(other than items described in subparagraph (G))” after “services”;
(B)in paragraph (2)(B), by inserting “(other than items described in subparagraph (G))” after “medical and other health services”; and
(C)in paragraph (2)—
(i)by striking “and” at the end of subparagraph (E),
(ii)by striking the period at the end of subparagraph
(F)and inserting “; and”, and
(iii)by adding at the end the following new subparagraph: " “(G) covered items (described in section 1834(a)(13)) furnished by a provider of services or by others under arrangements with them made by a provider of services.”. "
(3)Section 1833(a) of such Act (42 U.S.C. 13951(a)) is[42 USC 1395*l*](/us/usc/t42/s1395l). amended—
(A)in paragraph (1)—
(i)by striking “; and” at the end of clause
(G)and inserting a comma, and
(ii)by adding at the end the following: “and
(I)with respect to covered items (described in section 1834(a)(13)), the amounts paid shall be the amounts described in section 1834(a)(1),”;
(B)in paragraph (2)—
(i)by striking “and (F)” and inserting “(F), and (G)”, and
(ii)in subparagraph (A), by striking “(other than durable medical equipment)”; 34b34bCopy read “(B)”.
(C)by striking “and” at the end of paragraph (3); 34c34cCopy read “(C)”.
(D)by striking the period at the end of paragraph
(4)and inserting “; and”; and 101 STAT. 1330–109 34d34dCopy read “(D)”.(E) by adding at the end the following new paragraph: " “(5) in the case of covered items (described in section 1834(a)(13)) the amounts described in section 1834(a)(1).”. "
(4)Section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by adding at the end the following new sentence: “Notwithstanding the first sentence of this subparagraph, a home health agency may charge such an individual or person, with respect to covered items subject to payment under section 1834(a), the amount of a n y deduction imposed under section 1833(b) and 20 percent of the payment basis described in section 1834(a)(2).”.
(5)Section 1889 of such Act (42 U.S.C. 1395zz) is repealed.[42 USC 1395zz](/us/usc/t42/s1395zz).
(e)Effective Date.— The amendments made by this section shall[42 USC 1395f note](/us/usc/t42/s1395f). apply to covered items furnished on or after January 1, 1989. " SEC. 4063. PAYMENT FOR INTRAOCULAR LENSES.
(a)Provided in Physician’s Office.— Section 1842 of the Social Security Act (42 U.S.C. 1395u), a s previously amended is amended—
(1)in subsection (b)(11)(C), as inserted by section 4046(a)(1)(C) of this subtitle—
(A)by inserting “(i)” after “(C)” and by adding at the end the following new clause: " “(ii) The reasonable charge for an intraocular lens implanted during cataract surgery in a physician’s office may not exceed the actual acquisition cost for the lens (taking into account any discount) plus a handling fee (not to exceed 5 percent of such actual acquisition cost).”, and "
(B)3535Copy read “(C)”. in subparagraph (D), as so redesignated and as amended by section 4046(a)(1) of this subtitle, by inserting “or item” after “service” or “services” each place either appears; and
(2)in subsection (j)(1)(D), as added by section 4045(c)(1)(B) of this subtitle and as amended by 4046(a)(2) of this subtitle—
(A)in clause (ii), by striking “and” at the end of subclause (IV), by redesignating subclause
(V)as subclause
(VI)and by inserting before such subclause the following new subclause: " “(IV) a reasonable charge limit is established under subsection (b)(11)(C)(ii), and”; and "
(B)in clause (iii)—
(i)by striking “or” at the end of subclause (I),
(ii)in subclause (II), by striking “(b)(11)(C)” and inserting “(b)(11)(C)(i)”,
(iii)by striking the period at the end of subclause
(II)and inserting “; or”, and
(iv)by adding at the end the following new subclause: " “(III) under subsection (b)(11)(C)(ii), the payment allowance established under such subsection.”. "
(b)Provided in Ambulatory Surgical Centers.— Section 1833(i)(2)(A) of such Act (42 U.S.C. 13951(i)(2)(A)) is amended—[42 USC 1395*l*](/us/usc/t42/s1395l).
(1)by striking “and” at the end of clause (i),
(2)by striking the period at the end of clause
(ii)and inserting “,and”, and
(3)by inserting after clause
(ii)the following new clause: 101 STAT. 1330–110 " “(iii) in the case of implantation of an intraocular lens during cataract surgery includes payment which is reasonable and related to the cost of acquiring the class of lens involved.”. "
(c)Effective Date.— The amendments made by this section shall[42 USC 1395*l* note](/us/usc/t42/s1395l). apply to items furnished on or after July 1, 1988.
(d)Special Rule.— With respect to the35a35aCopy read “the the”. establishment of a[42 USC 1395u note](/us/usc/t42/s1395u). reasonable charge limit under section 1842(b)(11)(C)(ii) of the Social Security Act, in applying section 1842(j)(1)(D)(i) of such Act, the matter beginning with “plus” shall be considered to have been deleted. SEC. 4064. CLINICAL DIAGNOSTIC LABORATORY TESTS.
(a)Limitation on Changes in Fee Schedules.— [42 USC 1395*l* note](/us/usc/t42/s1395l).
(1)3-month freeze in fee schedules.— Notwithstanding any other provision of law, any change in the fee schedules for clinical laboratory diagnostic laboratory tests under part B of title XVIII of such Act which would have become effective for tests furnished on or after January 1, 1988, shall not be effective for tests furnished during the 3-month period beginning on January 1, 1988.
(2)No cpi increase in 1988.— Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not adjust the fee schedules established under section 1833(h) of the Social Security Act for 1988 to take into account any increase in the consumer price index.
(b)Fee Schedules and Payment Limits.—
(1)Rebasing of fee schedules for certain automated and similar tests.— [42 USC 1395*l*](/us/usc/t42/s1395l). Section 1833(h)(2) of the Social Security Act (42 U.S.C. 13951(h)(2)) is amended by adding at the end the following: “In establishing fee schedules under the first sentence of this paragraph with respect to automated tests and tests (other than cytopathology tests) which before July 1, 1984, the Secretary made subject to a limit based on lowest charge levels under the sixth sentence of section 1842(b)(3) performed after March 31, 1988, the Secretary shall reduce by 8.3 percent the fee schedules otherwise established for 1988.”.
(2)Nationwide payment limits.— Section 1833(h)(4)(B) of such Act is amended—
(A)in clause (i), by striking “January” and inserting “April”, and
(B)by amending clause
(ii)to read as follows: " “(ii) March 31, 1988, and so long as a fee schedule for the test has not been established on a nationwide basis, is equal to the median of all the fee schedules established for that test for that laboratory setting under paragraph (1).”. "
(3)Effective dates.— The amendments made by paragraphs[42 USC 1395*l* note](/us/usc/t42/s1395l).
(1)and
(2)shall apply with respect to services furnished on or after April 1, 1988.
(4)GAO study of fee schedules.— The Comptroller General[42 USC 1395*l* note](/us/usc/t42/s1395l). shall conduct a study of the level of the fee schedules established for clinical diagnostic laboratory services under section 1833(h)(2) of the Social Security Act to determine, based on the costs of, and revenues received for, such tests the appropriatenessReports. of such schedules. The Comptroller General shall report to the Congress on the results of such study by not later than January 1, 1990. Suppliers of such tests which fail to provide the Comptroller General with reasonable access to necessary records to carry out the study under this paragraph are subject101 STAT. 1330–111 to exclusion from the medicare program under section 1128(a) of the Social Security Act.
(c)Limitation on Application of 2 Percent Hospital Lab Differential.— Section 1833(h)(2) of such Act is amended by striking[42 USC 1395*l*](/us/usc/t42/s1395l). “hospital laboratory” and inserting “laboratory in a sole community hospital”.
(d)Intermediate Sanctions.—
(1)Part B of title XVIII of such Act is amended by adding at the end thereof the following new section: " “intermediate sanctions for providers of clinical diagnostic laboratory tests35b35bCopy read “tests” ”. “Sec. 1846.
(a)If the Secretary determines that any provider or[42 USC 1395w–2](/us/usc/t42/s1395w–2). clinical laboratory certified for participation under this title no longer substantially meets the conditions of participation specified under this title with respect to the provision of clinical diagnostic laboratory tests under this part, the Secretary may (for a period not to exceed one year) impose intermediate sanctions developed pursuant to subsection (b), in lieu of canceling immediately the certification of the provider or clinical laboratory. “(b)
(1)The Secretary shall develop and implement— “(A) a range of intermediate sanctions to apply to providers or certified clinical laboratories under the conditions described in subsection (a), and “(B) appropriate procedures for appealing determinations relating to the imposition of such sanctions. “(2)
(A)The intermediate sanctions developed under paragraph
(1)shall include— “(i) directed plans of correction, “(ii) civil fines and penalties, “(iii) payment for the costs of onsite monitoring by an agency responsible for conducting certification surveys, and “(iv) suspension of all or part of the payments to which a provider or certified clinical laboratory would otherwise be entitled under this title with respect to clinical diagnostic laboratory tests provided on or after the date in which the Secretary determines that intermediate sanctions should be imposed pursuant to subsection (a).3636Subparagraphs “ ‘(i)”, “ ‘(ii)”, “ ‘(iii)”, and “ ‘(iv)” indented incorrectly. “(B) The sanctions specified in subparagraph
(A)are in addition to sanctions otherwise available under State or Federal law. “(3) The Secretary shall develop and implement specific procedures with respect to when and how each of the intermediate sanctions developed under paragraph
(1)is to be applied, the amounts of any fines, and the severity of each of these penalties. Such procedures shall be designed so as to minimize the time between identification of violations and imposition of these sanctions and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies.”. "
(2)The amendment made by paragraph
(1)shall becomeEffective date.[42 USC l395w–2 note](/us/usc/t42/sl395w–2). effective on January 1, 1990.
(e)State Certification of High-Volume Physician Office Labs.—
(1)Section 1861(s) of such Act (42 U.S.C. 1395x(s)) is amended, in the sentence following paragraph (11), by inserting “a labora-101 STAT. 1330–112tory not independent of a physician’s office that has a volume of clinical diagnostic laboratory tests exceeding 5,000 per year” after “physician’s office,”.
(2)The amendment made by paragraph
(1)shall apply to[42 USC 1395x note](/us/usc/t42/s1395x). diagnostic tests performed on or after January 1, 1990. SEC. 4065. RETURN ON EQUITY PAYMENTS TO OUTPATIENT DEPARTMENTS.
(a)In General.— Section 1861(v)(1) of the Social Security Act (42 U.S.C. 1395x(v)(1)) is amended by adding at the end thereof the following new subparagraph: " “(S) Such regulations shall not include provision for specific recognition of any return on equity capital with respect to hospital outpatient departments.”. "
(b)Conforming Amendment.— Section 1881(b)(2)(C) of such Act (42 U.S.C. 1395rr(b)(2)(C)) is amended by striking “facilities” and inserting “facilities (other than hospital outpatient departments)”.
(c)Effective Date.— The amendments made by this section shall[42 USC 1395x note](/us/usc/t42/s1395x). become effective on January 1, 1988. SEC. 4066. PAYMENTS TO HOSPITAL OUTPATIENT DEPARTMENTS FOR RADIOLOGY.
(a)Amounts Payable.— Section 1833 of the Social Security Act (42 U.S.C. 13951) is amended—
(1)in subsection (a)(2)—
(A)by striking “and” in subparagraph (C),
(B)by adding “and” at the end of subparagraph (D), and
(C)by adding at the end thereof the following new subparagraph: " “(E) with respect to— “(i) outpatient hospital radiology services (including diagnostic and therapeutic radiology, nuclear medicine and CAT scan procedures, magnetic resonance imaging, and ultrasound and other imaging services), and “(ii) effective for procedures performed on or after October 1, 1989, diagnostic procedures (as defined by the Secretary) described in section 1861(s)(3) (other than diagnostic x-ray tests and diagnostic laboratory tests), " the amount determined under subsection (n);”; and
(2)by adding at the end, as previously amended, the following new subsection: " “(n)
(A)The aggregate amount of the payments to be made for all or part of a cost reporting period beginning on or after October 1, 1988 under this part for services described in subsection (a)(2)(E) shall be equal to the lesser of— “(i) the amount determined with respect to such services under subsection (a)(2)(B), or “(ii) the blend amount for radiology services and diagnostic procedures determined in accordance with subparagraph (B). “(B)
(i)The blend amount for radiology services and diagnostic procedures for a cost reporting period is the sum of— “(I) the cost proportion (as defined in clause (ii)) of the amount described in subparagraph (A)(i); and “(II) the charge proportion (as defined in clause (ii)(II) of 62 percent (for services described in subsection (a)(2)(E)(i)), or (for procedures described in subsection (a)(2)(E)(ii)), 42 percent or101 STAT. 1330–113 such other percent established by the Secretary (or carriers acting pursuant to guidelines issued by the Secretary) based on prevailing charges established with actual charge data, of 80 percent of the prevailing charge for participating physicians for the same services as if they were furnished in a physician’s office in the same locality as determined under section 1842(b). “(ii) In this subparagraph: “(I) The term ‘cost proportion’ means 65 percent for all or any part of cost reporting periods which occur in fiscal year 1989 and 50 percent for other cost reporting periods. “(II) The term ‘charge proportion’ means 35 percent for all or any parts of cost reporting periods which occur in fiscal year 1989 and 50 percent for other cost reporting periods.”. "
(b)Conforming Amendment.— Section 1833(a)(2)(B) of such Act (42 U.S.C. 13951(a)(2)(B)) is amended in the matter preceding clause
(i)by striking “(C) or (D)” and inserting “(C), (D), or (E)”.
(c)Effective Date.— The amendments made by subsection (a)[42 USC 1395*l* note](/us/usc/t1395l/s1395l). shall apply with respect to outpatient hospital radiology services furnished on or after October 1, 1988, and other diagnostic procedures performed on or after October 1, 1989. SEC. 4067. UPDATING MAXIMUM RATE OF PAYMENT PER VISIT FOR INDEPENDENT RURAL HEALTH CLINICS.
(a)In General.— Section 1833 of the Social Security Act (42 U.S.C. 13951) is further amended by inserting after subsection
(e)the following new subsection: " “(f) In establishing limits under subsection
(a)on payment for rural health clinic services provided by independent rural health clinics, the Secretary shall establish such limit, for services provided— “(1) in 1988, after March 31, at $46, and “(2) in a subsequent year, at the limit established under this subsection for the previous year increased by the percentage increase in the medicare economic index (referred to in the fourth sentence of section 1842(b)(3)) applicable to physicians’ services furnished as of the first day of that year.”. "
(b)Report on Rates.— The Secretary of Health and Human Services[42 USC 1395*l* note](/us/usc/t42/s1395l). shall report to Congress, by not later than March 1, 1989, on the adequacy of the amounts paid under title XVIII of the Social Security Act for rural health clinic services provided by independent rural health clinics.
(c)Effective Date.— The amendment made by subsection
(a)shall[42 USC 1395*l* note](/us/usc/t42/s1395l). apply to services furnished on or after April 1, 1988. SEC. 4068. PAYMENT FOR AMBULATORY SURGERY AT EYE, AND EYE AND EAR, SPECIALTY HOSPITALS.
(a)In General.— Section 1833(i)(3)(B)(ii) of the Social Security Act (42 U.S.C. 13951(i)(3)(B)(ii)) is amended—
(1)by striking “In” and inserting “Subject to the last sentence of this clause, in”; and
(2)by adding at the end thereof the following: “In the case of a hospital that makes application to the Secretary and demonstrates that it specializes in eye services or eye and ear services (as determined by the Secretary), receives more than 30 percent of its total revenues from outpatient services and was an eye specialty hospital or an eye and ear specialty hospital on October 1, 1987, the cost proportion and ASC proportion in effect under101 STAT. 1330–114 subclauses
(I)and
(II)for cost reporting periods beginning in fiscal year 1988 shall remain in effect for cost reporting periods beginning in fiscal year 1989 or fiscal year 1990.”.
(b)Development of Prospective Payment Methodology for Outpatient Hospital Services.— Section 1135(d) of the Social Security Act (42 U.S.C. 1320b–5(d)) is amended—
(1)by adding at the end of paragraph
(3)the following: “In establishing such rates, the Secretary shall consider whether a differential payment rate is appropriate for speciality hospitals.”; and
(2)by adding at the end the following new paragraph: " “(7) The Secretary shall solicit the views of the Prospective Payment Assessment Commission in developing the systems under paragraphs
(1)and (6), and shall include in the Secretary’s reports under this subsection any views the Commission may submit with respect to such systems.”. "
(c)Effective Date.— The amendments made by subsection (a)[42 USC 1395*l*](/us/usc/t42/s1395l). shall be effective as if included in the amendment made by section 9343(a)(1)(B) of the Omnibus Budget Reconciliation Act of 1986. **Subpart C—** **Eligibility and Benefits Changes** SEC. 4070. COVERAGE OF MENTAL HEALTH SERVICES.
(a)Outpatient Services Under Part B.— Section 1833(c) of the Social Security Act (42 U.S.C. 13951(c)) is amended—
(1)by striking “$312.50” and inserting “$1375.00”; and[42 USC 1395*l* note](/us/usc/t42/s1395l).
(2)by adding at the end thereof the following: “For purposes of this subsection, the term ‘treatment’ does not include brief office visits (as defined by the Secretary) for the sole purpose of prescribing or monitoring prescription drugs used in the treatment of such disorders.”.
(b)Partial Hospitalization Coverage.—
(1)Section 1861(s)(2)(B) of such Act (42 U.S.C. 1395x(s)(2)(B)) is amended by inserting “and partial hospitalization services incident to such services” before the semicolon.
(2)Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end thereof the following new subsection: " “(ff)
(1)The term ‘partial hospitalization services’ means the items and services described in paragraph
(2)prescribed by a physician and provided under a program described in paragraph
(3)under the supervision of a physician pursuant to an individualized, written plan of treatment established and periodically reviewed by a physician (in consultation with appropriate staff participating in such program), which plan sets forth the physician’s diagnosis, the type, amount, frequency, and duration of the items and services provided under the plan, and the goals for treatment under the plan. “(2) The items and services described in this paragraph are— “(A) individual and group therapy with physicians or psychologists (or other mental health professionals to the extent authorized under State law), “(B) occupational therapy requiring the skills of a qualified occupational therapist, “(C) services of social workers, trained psychiatric nurses, and other staff trained to work with psychiatric patients, 101 STAT. 1330–115 “(D) drugs and biologicals furnished for therapeutic purposes (which cannot, as determined in accordance with regulations, be self-administered), “(E) individualized activity therapies that are not primarily recreational or diversionary, “(F) family counseling (the primary purpose of which is treatment of the individual’s condition), “(G) patient training and education (to the extent that training and educational activities are closely and clearly related to individual’s care and treatment), “(H) diagnostic services, and “(I) such other items and services as the Secretary may provide (but in no event to include meals and transportation); that are reasonable and necessary for the diagnosis or active treatment of the individual’s condition, reasonably expected to improve or maintain the individual’s condition and functional level and to prevent relapse or hospitalization, and furnished pursuant to such guidelines relating to frequency and duration of services as the Secretary shall by regulation establish (taking into account accepted norms of medical practice and the reasonable expectation of patient improvement). “(3) A program described in this paragraph is a program which is hospital-based or hospital-affiliated (as defined by the Secretary) and which is a distinct and organized intensive ambulatory treatment service offering less than 24-hour-daily care.”. "
(3)Section 1835(a)(2) of such Act (42 U.S.C. 1395n(a)(2)) is amended—
(A)by striking “and” at the end of subparagraph (D);
(B)by striking the period at the end of subparagraph
(E)and inserting “; and”; and
(C)by inserting sifter subparagraph
(E)the following new subparagraph: " “(F) in the case of partial hospitalization services,
(i)the individual would require inpatient psychiatric care in the absence of such services,
(ii)an individualized, written plan for furnishing such services has been established by a physician and is reviewed periodically by a physician, and
(iii)such services are or were furnished while the individual is or was under the care of a physician.”. "
(4)Section 1833(c) of such Act, as amended by subsection (a), is further amended at the end thereof by inserting “or partial hospitalization services that are not directly provided by a physician” before the period.
(c)Effective Date; Implementation.—
(1)The amendment made by subsection (a)(1) shall apply with[42 USC 1395*l* note](/us/usc/t42/s1395l). respect to calendar years beginning with 1988; except that with respect to 1988, any reference in section 1833(c) of the Social Security Act, as amended by subsection (a), to “$1375.00” is deemed a reference to “$562.50”. The amendment made by subsection (a)(2) shall apply to services furnished on or after January 1, 1989.
(A)The amendments made by subsection
(b)shall become[42 USC 1395x note](/us/usc/t42/s1395x). effective on the date of enactment of this Act.
(B)The Secretary of Health and Human Services shall implement the amendments made by subsection
(b)so as to ensure that there is no additional cost to the medicare program by reason of such amendments. 101 STAT. 1330–116 SEC. 4071. COVERAGE OF INFLUENZA VACCINE AND ITS ADMINISTRATION.
(a)In General.— Section 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(a)(10)(A)) is amended by inserting before the semicolon the following: “and influenza vaccine and its administration”.
(b)Contingent Effective Date; Demonstration Project.— [42 USC 1395x note](/us/usc/t42/s1395x).
(1)The provisions of subsection
(e)of section 4072 of this subpart shall apply to this section in the same manner as it applies to section 4072.
(2)In conducting the demonstration project pursuant to paragraph (1), in order to determine the cost effectiveness of including influenza vaccine in the medicare program, the Secretary of Health and Human Services is required to conduct a demonstration of the provision of influenza vaccine as a service for medicare beneficiaries and to expend $25,000,000 each year of the demonstration project for this purpose. In conducting this demonstration, the Secretary is authorized to purchase in bulk influenza vaccine and to distribute it in a manner to make it widely available to medicare beneficiaries, to develop projects to provide vaccine in the same manner as other covered medicare services in large scale demonstration projects, including statewide projects, and to engage in other appropriate use of moneys to provide influenza vaccine to medicare beneficiaries and evaluate the cost effectiveness of its use. In determining cost effectiveness, the Secretary shall consider the direct cost of the vaccine, the utilization of vaccine which might otherwise not have occurred, the costs of illnesses and nursing home days avoided, and other relevant factors, except that extended life for beneficiaries shall not be considered to reduce the cost effectiveness of the vaccine. SEC. 4072. PAYMENT FOR THERAPEUTIC SHOES FOR INDIVIDUALS WITH SEVERE DIABETIC FOOT DISEASE.
(a)Coverage Under Part B.— Section 1861(s) of the Social Security Act (42 U.S.C. 1395x(s)) is amended—
(1)by redesignating paragraphs
(12)through
(15)as paragraphs
(13)through (16), respectively,
(2)by striking out “and” at the end of paragraph (10),
(3)by striking out the period at the end of paragraph
(11)and inserting “; and”, and
(4)by inserting after paragraph
(11)the following new paragraph: " “(12) extra-depth shoes with inserts or custom molded shoes for an individual with diabetes, if— “(A) the physician who is managing the individual’s diabetic condition
(i)documents that the individual has peripheral neuropathy with evidence of callus formation, a history of pre-ulcerative calluses, a history of previous ulceration, foot deformity, or previous amputation, or poor circulation, and
(ii)certifies that the individual needs such shoes under a comprehensive plan of care related to the individual’s diabetic condition; “(B) the particular type of shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary); and “(C) the shoes are fitted and furnished by a podiatrist or other qualified individual (such as a pedorthist or orthotist, as established by the Secretary) who is not the physician101 STAT. 1330–117 described in subparagraph
(A)(unless the Secretary finds that the physician is the only such qualified individual in the area).”. "
(b)Limitation on Benefit.— Section 1833 of such Act (42 U.S.C.[42 USC 1395*l*](/us/usc/t42/s1395l). 1395) is amended by inserting after subsection
(e)the following new subsection: " “(f)
(1)In the case of shoes described in section 1861(s)(12)— “(A) no payment may be made under this part for the furnishing of more than one pair of shoes for any individual for any calendar year, and “(B) with respect to expenses incurred in any calendar year, no more than the limit established under paragraph
(2)shall be considered as incurred expenses for purposes of subsections
(a)and (b). Payment for shoes under this part shall be considered to include payment for any expenses for the fitting of such shoes. “(2)
(A)Except as provided by the Secretary under subparagraphs
(B)and (C), the limit established under this paragraph— “(i) for the furnishing of one pair of custom molded shoes is $300; “(ii) for the furnishing of extra-depth shoes and inserts is— “(I) $100 for the pair of shoes itself, and “(II) $50 for inserts for a pair of shoes. “(B) The Secretary or a carrier may establish limits for shoes that are lower than the limits established under subparagraph
(A)if the Secretary finds that shoes and inserts of an appropriate quality are readily available at or below such lower limits. “(C) For each year after 1988, each dollar amount under subparagraph
(A)or
(B)(as previously adjusted under this subparagraph) shall be increased by the same percentage increase as the Secretary provides with respect to durable medical equipment for that year, except that if such increase is not a multiple of $1, it shall be rounded to the nearest multiple of $1. “(3) In this title, the term ‘shoes’ includes, except for purposes of subparagraphs (A)(ii) and
(B)of paragraph (2), inserts for extra-depth shoes.”. "
(c)Modification of Exclusion.— Section 1862(a)(8) of such Act (42 U.S.C. 1395y(a)(8)) is amended by inserting “, other than shoes furnished pursuant to section 1861(s)(12)” before the semicolon.
(d)Conforming Amendments.— Sections 1864(a), 1865(a), 1902(a)(9)(C), and 1915(a)(1)(B)(ii)(I) of such Act (42 U.S.C. 1395aa(a), 1395bb(a), 1396a(a)(9)(C), 1396n(a)(1)(B)(ii)(I)) are each amended by striking out “paragraphs
(12)and (13)” and inserting “paragraphs
(13)and (14)”.
(e)Contingent Effective Date; Demonstration Project.— [42 USC 1395x note](/us/usc/t42/s1395x).
(1)The amendments made by this section shall become effective (if at all) in accordance with paragraph (2).
(A)The Secretary of Health and Human Services (in this paragraph referred to as the “Secretary”), shall establish a demonstration project to begin on October 1, 1988, to test the cost-effectiveness of furnishing therapeutic shoes under the medicare program to the extent provided under the amendments made by this section to a sample group of medicare beneficiaries.
(i)The demonstration project under subparagraph
(A)shall be conducted for an initial period of 24 months. Not later thanReports. October 1, 1990, the Secretary shall report to the Congress on101 STAT. 1330–118 the results of such project. If the Secretary finds, on the basis ofEffective date. existing data, that furnishing therapeutic shoes under the medicare program to the extent provided under the amendments made by this section is cost-effective, the Secretary shall include such finding in such report, such project shall be discontinued, and the amendments made by this section shall become effective on November 1, 1990.
(ii)If the Secretary determines that such finding cannot be made on the basis of existing data, such project shall continue for an additional 24 months. Not later than April 1, 1993, theReports. Secretary shall submit a final report to the Congress on the results of such project. The amendments made by this sectionEffective date. shall become effective on the first day of the first month to begin after such report is submitted to the Congress unless the report contains a finding by the Secretary that furnishing therapeutic shoes under the medicare program to the extent provided under the amendments made by this section is not cost-effective (in which case the amendments made by this section shall not become effective). SEC. 4073. COVERAGE OF CERTIFIED NURSE-MIDWIFE SERVICES.
(a)Coverage of Services.— Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended—
(1)by striking “and” at the end of subparagraph (J);
(2)by adding “and” at the end of subparagraph (K); and
(3)by adding at the end thereof the following new subparagraph: " “(L) certified nurse-midwife services;”. "
(b)Payment of Benefits.—
(1)Section 1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended—
(A)by striking “and” at the end of clause (ii);
(B)by striking the semicolon at the end of clause
(iii)and inserting a comma; and
(C)by adding at the end thereof the following new clause: " “(iv) certified nurse-midwife services; and”. "
(2)Section 1833(a)(1) of such Act (42 U.S.C. 1395k(a)(l)) is[42 USC 1395*l*](/us/usc/t42/s1395l). amended—
(A)by striking “and” at the end of clause (F);
(B)by striking “services; and” in clause
(G)and inserting “services,”; and
(C)3737Copy read “(D)”. by adding at the end thereof the following: “and
(I)with respect to certified nurse-midwife services under section 1861(s)(2)(L), the amounts paid shall be the amount determined by a fee schedule established by the Secretary for the purposes of this subparagraph (but in no event more than 65 percent of the prevailing charge that would be allowed for the same service performed by a physician);”.
(3)Section 1833 of such Act (42 U.S.C. 13951) is amended by adding at the end the following new subsection: " “(m) In the case of certified nurse-midwife services for which payment may be made under this part only pursuant to section 1861(s)(2)(L), payment may only be made under this part for such services on an assignment-related basis.”. " 101 STAT. 1330–119
(c)Definition.— Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end thereof the following new subsection: “Certified Nurse-Midwife Services " “(ff)
(1)The term ‘certified nurse-midwife services’ means such services furnished by a certified nurse-midwife (as defined in paragraph (2)) and such services and supplies furnished as an incident to his service which the certified nurse-midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be covered if furnished by a physician or as an incident to a physician’s service. “(2) The term ‘certified nurse-midwife’ means a registered nurse who has successfully completed a program of study and clinical experience meeting guidelines prescribed by the Secretary, or has been certified by an organization recognized by the Secretary, and performs services in the area of management of the care of mothers and babies throughout the maternity cycle.”. "
(d)3838Copy read “(c)”. Conforming Changes.—
(1)Section 1905(a)(17) of such Act (42 U.S.C. 1396d(a)(17)) is amended by striking “as defined in subsection (m)” and inserting “as defined in section 1861(ff)”.
(2)Section 1905 of such Act (42 U.S.C. 1396d) is amended by striking subsection (m).
(e)3939Copy read “(d)”. Effective Date.— The amendments made by this section[42 USC 1395k note](/us/usc/t42/s1395k). shall be effective with respect to services performed on or after July 1, 1988. SEC. 4074. COVERAGE OF SOCIAL WORKER SERVICES FURNISHED BY A HEALTH MAINTENANCE ORGANIZATION TO ITS MEMBERS.
(a)In General.— Section 1861(s)(2)(H)(ii) of the Social Security Act (42 U.S.C. 1395x(s)(2)(H)(ii)) is amended—
(1)by inserting “or by a clinical social worker (as defined in subsection (ff))” after “clinical psychologist (as defined by the Secretary)”; and
(2)by striking “incident to his services” and inserting “incident to such clinical psychologist’s services or clinical social worker’s services”.
(b)Clinical Social Worker Defined.— Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: “Clinical Social Worker " “(ff) The term ‘clinical social worker’ means an individual who— “(1) possesses a master’s or doctor’s degree in social work; “(2) after obtaining such degree has performed at least 2 years of supervised clinical social work; and “(3)
(A)is licensed or certified as a clinical social worker by the State in which the services are performed, or “(B) in the case of an individual in a State which does not provide for licensure or certification— “(i) has completed at least 2 years or 3,000 hours of post-master’s degree supervised clinical social work practice under the supervision of a master’s level social worker in101 STAT. 1330–120 an appropriate setting (as determined by the Secretary), and “(ii) meets such other criteria as the Secretary establishes.”,meets such other criteria as the Secretary establishes.”, "
(c)Effective Date.— The amendments made by this section shall[42 USC 1395x note](/us/usc/t42/s1395x). be effective with respect to services performed on or after January 1, 1988. SEC. 4075. CLARIFICATION OF COVERAGE OF DRUGS USED IN IMMUNOSUPPRESSIVE THERAPY.
(a)In General.— Section 1861(s)(2)(J) of the Social Security Act (42 U.S.C. 1395x(s)(2)(J)) is amended by striking “immunosuppressive drugs” and inserting “prescription drugs used in immunosuppressive therapy”.
(b)Effective Date.— The amendment made by subsection (a)[42 USC 1395x note](/us/usc/t42/s1395x). shall apply to drugs dispensed on or after the date of the enactment of this Act. SEC. 4076. SERVICES OF A PHYSICIAN ASSISTANT.
(a)Services Covered.— Section 1861(s)(2)(K) of the Social Security Act (42 U.S.C. 1395x(s)(2)(K)) is amended by inserting “, in a rural area (as defined in section 1886(d)(2)(D)) that is designated, under section 332(a)(1)(A) of the Public Health Service Act, as a health manpower shortage area,” after “1905(c))”.
(b)Effective Date.— The amendments made by this section shall[42 USC 1395x note](/us/usc/t42/s1395x). apply with respect to services furnished on or after January 1, 1989. SEC. 4077. PSYCHOLOGIST SERVICES IN CLINICS.
(a)Coverage of Psychologists’ Services Furnished at Rural Health Clinics.—
(1)Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking “physician assistant or by a nurse practitioner” and inserting “physician assistant or a nurse practitioner (as defined in paragraph (3)), or by a clinical psychologist (as defined by the Secretary),”.
(2)The amendment made by paragraph
(1)shall be effective[42 USC 1395x note](/us/usc/t42/s1395x). with respect to services furnished on or after the date of enactment of this Act.
(b)Direct Payment for Psychologists’ Services Furnished at a Community Mental Health Center.—
(1)Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended, is amended—
(A)by striking “and” at the end of subparagraph (K);
(B)by adding “and” at the end of subparagraph (L); and
(C)by adding at the end thereof the following new subparagraph: " “(M) qualified psychologist services;”. "
(2)Section 1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended—
(A)by striking “and” at the end of clause (ii);
(B)by striking the semicolon in clause
(iii)and inserting a comma; and
(C)by adding at the end thereof the following new clause: " “(iv) qualified psychologist services; and”. "
(3)Section 1833(a)(1) of such Act (42 U.S.C. 1395k(a)(1) is [42 USC 1395*l*](/us/usc/t42/s1395l). amended—
(A)by striking “and” at the end of subparagraph (G); 101 STAT. 1330–121
(B)by striking “services; and” in subparagraph
(H)and inserting “services,”;
(C)by adding “and” at the end of subparagraph (I); and
(D)by adding at the end thereof the following new subparagraph: “(J) with respect to qualified psychologist services under section 1861(s)(2)(M), the amounts paid shall be the amount determined by a fee schedule established by the Secretary for the purposes of this subparagraph;”.
(4)The subsection added by section 4073(b)(3) of this subpart is[42 USC 1395*l*](/us/usc/t42/s1395l). amended by inserting “and in the case of qualified psychologists services for which payment may be made under this part only pursuant to section 1861(s)(2)(M)” after “1861(s)(2)(L)”.
(5)Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end thereof the following new subsection: “Qualified Psychologist Services " “(gg) The term ‘qualified psychologist services“ means such services and such services and supplies furnished as an incident to his service furnished by a clinical psychologist (as defined by the Secretary) at a community mental health center (as such term is used in the Public Health Service Act) which the psychologist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be covered if furnished by a physician or as an incident to a physician’s service.”.4040Copy read “service.”. "
(6)4141Copy read “(5)”. The amendments made by this subsection shall beEffective date.[42 USC 1395k note](/us/usc/t42/s1395k). effective with respect to services performed on or after July 1, 1988. SEC. 4078. PROVISION OF OFFSITE COMPREHENSIVE OUTPATIENT REHABILITATION SERVICES. Section 1861(cc)(1) of the Social Security Act (42 U.S.C. 1395x(cc)(1)) is amended by adding at the end thereof the following: “In the case of physical therapy, occupational therapy, and speech pathology services, there shall be no requirement that the item or service be furnished at any single fixed location if the item or service is furnished pursuant to such plan and payments are not otherwise made for the item or service under this title.”. SEC. 4079. DEMONSTRATION PROJECTS TO PROVIDE PAYMENT ON A PREPAID, CAPITATED BASIS FOR COMMUNITY NURSING AND AMBULATORY CARE FURNISHED TO MEDICARE BENEFICIARIES. [42 USC 1395mm note](/us/usc/t42/s1395mm).
(a)In General.— The Secretary of Health and Human Services (in this section referred to as the "Secretary") shall enter into an agreement with not less than four eligible organizations submitting applications under this section to conduct demonstration projects to provide payment on a prepaid, capitated basis for community nursing and ambulatory care furnished to any individual entitled to benefits under part A and enrolled under part B of title XVIII of the Social Security Act (other than an individual medically determined to have end-stage renal disease) who resides in the geographic area101 STAT. 1330–122 served by the organization and enrolls with such organization (in accordance with subsection (c)(2)).
(b)Definitions of Community Nursing and Ambulatory Care and Eligible Organization.— As used in this section:
(1)The term “community nursing and ambulatory care” means the following services:
(A)Part-time or intermittent nursing care furnished by or under the supervision of registered professional nurses.
(B)Physical, occupational, or speech therapy.
(C)Social and related services supportive of a plan of ambulatory care.
(D)Part-time or intermittent services of a home health aide.
(E)Medical supplies (other than drugs and biologicals) and durable medical equipment while under a plan of care.
(F)Medical and other health services described in paragraphs (2)(H)(ii) and
(5)through
(9)of section 1861(s) of the Social Security Act.
(G)Rural health clinic services described in section 1861(aa)(1)(C) of such Act.
(H)Certain other related services listed in section 1915(c)(4)(B) of such Act to the extent the Secretary finds such services are appropriate to prevent the need for institutionalization of a patient.
(2)The term “eligible organization” means a public or private entity, organized under the laws of any State, which meets the following requirements:
(A)The entity (or a division or part of such entity) is primarily engaged in the direct provision of community nursing and ambulatory care.
(B)The entity provides directly, or through arrangements with other qualified personnel, the services described in paragraph (1).
(C)The entity provides that all nursing care (including services of home health aids) is furnished by or under the supervision of a registered nurse.
(D)The entity provides that all services are furnished by qualified staff and are coordinated by a registered professional nurse.
(E)The entity has policies governing the furnishing of community nursing and ambulatory care that are developed by registered professional nurses in cooperation with (as appropriate) other professionals.
(F)The entity maintains clinical records on all patients.
(G)The entity has protocols and procedures to assure, when appropriate, timely referral to or consultation with other health care providers or professionals.
(H)The entity complies with applicable State and local laws governing the provision of community nursing and ambulatory care to patients.
(I)The requirements of subparagraphs (B), (D), and
(E)of section 1876(b)(2) of the Social Security Act.
(c)Agreements with Eligible Organizations to4242Copy read “with eligible organizations to”. Conduct Demonstration Projects.— 101 STAT. 1330–123
(1)The Secretary may not enter into an agreement with an eligible organization to conduct a demonstration project under this section unless the organization meets the requirements of this subsection and subsection
(d)with respect to members enrolled with the organization under this section.
(2)The organization shall have an open enrollment period for the enrollment of individuals under this section. The duration of such period of enrollment and any other requirement pertaining to enrollment or termination of enrollment shall be specified in the agreement with the organization.
(3)The organization must provide to members enrolled with the organization under this section, through providers and other persons that meet the applicable requirements of titles XVIII and XIX of the Social Security Act, community nursing and ambulatory care (as defined in subsection (b)(1)) which is generally available to individuals residing in the geographic area served by the organization, except that the organization may provide such members with such additional health care services as the members may elect, at their option, to have covered.
(4)The organization must make community nursing and ambulatory care (and such other health care services as such individuals have contracted for) available and accessible to each individual enrolled with the organization under this section, within the area served by the organization, with reasonable promptness and in a manner which assures continuity.
(5)Section 1876(c)(5) of the Social Security Act shall apply to organizations under this section in the same manner as it applies to organizations under section 1876 of such Act.
(6)The organization must have arrangements, established in accordance with regulations of the Secretary, for an ongoing quality assurance program for health care services it provides to such individuals under the demonstration project conducted under this section, which program
(A)stresses health outcomes and
(B)provides review by health care professionals of the process followed in the provision of such health care services.
(7)Under a demonstration project under this section—
(A)the Secretary could require the organization to provide financial or other assurances (including financial risk-sharing) that minimize the inappropriate substitution of other services under title XVIII of such Act for community nursing services; and
(B)if the Secretary determines that the organization has failed to perform in accordance with the requirements of the project (including meeting financial responsibility requirements under the project, any pattern of disproportionate or inappropriate institutionalization) the Secretory shall, after notice, terminate the project.
(d)Determination of Per Capita Payment Rates.—
(1)The Secretary shall determine for each 12-month period in which a demonstration project is conducted under this section, and shall announce (in a manner intended to provide notice to interested parties) not later than three months before the beginning of such period, with respect to each eligible organization conducting a demonstration project under this section, a per capita rate of payment for each class of individuals who are enrolled with such organization who are entitled to benefits101 STAT. 1330–124 under part A and enrolled under part B of title XVIII of the Social Security Act.
(A)Except as provided in paragraph (3), the per capita rate a of payment under paragraph
(1)shall be determined in accordance with this paragraph.
(B)The Secretary shall define appropriate classes of members, based on age, disability status, and such other factors as the Secretary determines to be appropriate, so as to ensure actuarial equivalence. The Secretary may add to, modify, or substitute for such classes, if such changes will improve the determination of actuarial equivalence.
(C)The per capita rate of pa5mient under paragraph
(1)for each such class shall be equal to 95 percent of the adjusted average per capita cost (as defined in subparagraph (D)) for that class.
(D)For purposes of subparagraph (C), the term ‘adjusted average per capita cost’ means the average per capita amount that the Secretary estimates in advance (on the basis of actual s experience, or retrospective actuarial equivalent based upon an adequate sample and other information and data, in a geographic area served by an eligible organization or in a similar area, with appropriate adjustments to assure actuarial equivalence) would be payable in any contract year for those services covered under parts A and B of title XVIII of the Social Security Act and types of expenses otherwise reimbursable under such parts A and B which are described in subparagraphs
(A)through
(G)of subsection (b)(1) (including administrative costs incurred by organizations described in sections 1816 and 1842 of such Act), if the services were to be furnished by other than an eligible organization.
(3)The Secretary shall, in consultation with providers, health policy experts, and consumer groups develop capitation-based reimbursement rates for such classes of individuals entitled to benefits under part A and enrolled under part B of the Social Security Act as the Secretary shall determine. Such rates shall be applied in determining per capita rates of payment under paragraph
(1)with respect to at least one eligible organization conducting a demonstration project under this section.
(A)In the case of an eligible organization conducting a demonstration project under this section, the Secretary shall make monthly payments in advance and in accordance with the rate determined under paragraph
(2)or (3), except as provided in subsection (e)(3)(B), to the organization for each individual enrolled with the organization.
(B)The amount of payment under paragraph
(2)or
(3)may be retroactively adjusted to take into account any difference between the actual number of individuals enrolled in the plan under this section and the number of such individuals estimated to be so enrolled in determining the amount of the advance payment.
(5)The payment to an eligible organization under this section for individuals enrolled under this section with the organization and entitled to benefits under part A and enrolled under part B of the Social Security Act shall be made from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund established under such Act in such proportions from each such trust fund as the Secretary101 STAT. 1330–125 deems to be fair and equitable taking into consideration benefits attributable to such parts A and B, respectively.
(6)During any period in which an individual is enrolled with an eligible organization conducting a demonstration project under this section, only the eligible organization (and no other individual or person) shall be entitled to receive payments from the Secretary under this title for community nursing and ambulatory care (as defined in subsection (b)(1)) furnished to the individual.
(e)Restriction on Premiums, Deductibles, Copayments, and Coinsurance.—
(1)In no case may the portion of an eligible organization’s premium rate and the actuarial value of its deductibles, coinsurance, and copayments charged (with respect to community nursing and ambulatory care) to individuals who are enrolled under this section with the organization, exceed the actuarial value of the coinsurance and deductibles that would be applicable on the average to individuals enrolled under this section with the organization (or, if the Secretary finds that adequate data are not available to determine that actuarial value, the actuarial value of the coinsurance and deductibles applicable on the average to individuals in the area, in the State, or in the United States, eligible to enroll under this section with the organization, or other appropriate data) and entitled to benefits under part A and enrolled under part B of the Social Security Act, if they were not members of an eligible organization.
(2)If the eligible organization provides to its members enrolled under this section services in addition to community nursing and ambulatory care, election of coverage for such additional services shall be optional for such members and such organization shall furnish such members with information on the portion of its premium rate or other charges applicable to such additional services. In no case may the sum of—
(A)the portion of such organization’s premium rate charged, with respect to such additional services, to members enrolled under this section, and
(B)the actuarial value of its deductibles, coinsurance, and copayments charged, with respect to such services to such members exceed the adjusted community rate for such services (as defined in section 1876(e)(3) of the Social Security Act).
(A)Subject to subparagraphs
(B)and (C), each agreement to conduct a demonstration project under this section shall provide that if—
(i)the adjusted community rate, referred to in paragraph (2), for community nursing and ambulatory care covered under parts A and B of title XVIII of the Social Security Act (as reduced for the actuarial value of the coinsurance and deductibles under those parts) for members enrolled under this section with the organization, is less than
(ii)the average of the per capita rates of payment to be made under subsection (d)(1) at the beginning of the 12-month period (as determined on such basis as the Secretary determines appropriate) described in such subsection for members enrolled under this section with the organization,101 STAT. 1330–126 the eligible organization shall provide to such members the additional benefits described in section 1876(g)(3) of the Social Security Act which are selected by the eligible organization and which the Secretary finds are at least equal in value to the difference between that average per capita payment and the adjusted community rate (as so reduced).
(B)Subparagraph
(A)shall not apply with respect to any organization which elects to receive a lesser payment to the extent that there is no longer a difference between the average per capita payment and adjusted community rate (as so reduced).
(C)An organization conducting a demonstration project under this section may provide (with the approval of the Secretary) that a part of the value of such additional benefits under subparagraph
(A)be withheld and reserved by the Secretary as provided in section 1876(g)(5) of the Social Security Act.
(4)The provisions of paragraphs (3), (5), and
(6)of sectionContracts. 1876(g) of the Social Security Act shall apply in the same manner to agreements under this section as they apply to risk-sharing contracts under section 1876 of such Act, and, for this purpose, any reference in such paragraphs to paragraph
(2)is deemed a reference to paragraph
(3)of this subsection.
(5)Section 1876(e)(4) of the Social Security Act shall apply to eligible organizations under this section in the same manner as it applies to eligible organizations under section 1876 of such Act.
(f)Commencement and Duration of Projects.— Each demonstration project under this section shall begin not later than July 1, 1989, and shall be conducted for a period of three years.
(g)Report.— Not later than January 1, 1992, the Secretary shall submit to the Congress a report on the results of the demonstration projects conducted under this section. SEC. 4080. PART B PREMIUM. Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended—
(1)in subsection (e), by striking “1989” each place it appears and inserting in lieu thereof “1990”;
(2)in subsection (f)(1), by striking “or 1987” and inserting in lieu thereof “1987, or 1988”; and
(3)in subsection (f)(2), by striking “or 1988” and inserting in lieu thereof “1988, or 1989”. **Subpart D—** **Other Provisions** SEC. 4081. SUBMISSION OF CLAIMS TO SUPPLEMENTAL INSURANCE CARRIERS.
(a)In General.— Section 1842(h)(3) of the Social Security Act (42 U.S.C. 1395u(h)(3)) is amended by inserting “(A)” after “(3)” and by adding at the end the following new subparagraph: " “(B) The Secretary shall establish a procedure whereby an individual enrolled under this part may assign, in an appropriate manner on the form claiming a benefit under this part for an item or service furnished by a participating physician or supplier, the individual’s rights of payment under a medicare supplemental policy (described in section 1882(g)(1)) in which the individual is enrolled. In the case such an assignment is properly executed and a claims determination101 STAT. 1330–127 is made by a carrier with a contract under this section, the carrier shall transmit to the private entity issuing the medicare supplemental policy notice of such fact and including such information as the Secretary determines is generally provided to enable the entity to decide whether (and the amount of) any payment is due under the policy. The Secretary may enter into arrangements for the transmittal of such information to entities electronically. The Secretary shall impose user fees for the transmittal of information under this subparagraph, whether electronically or otherwise.”. "
(b)Medigap Policy Standards.— Section 1882 of such Act (42 U.S.C. 1395ss) is amended—
(1)in subsection (b)(1)—
(A)by amending subparagraph
(B)to read as follows: " “(B) includes requirements equal to or more stringent than the requirements described in paragraphs
(2)and
(3)of subsection (c);”, " 4343Paragraphs
(B)and
(C)were indented wrong.
(B)by adding “and” at the end of subparagraph (C), and 4343Paragraphs
(B)and
(C)were indented wrong.
(C)by inserting after subparagraph
(C)the following new subparagraph: " “(D) provides the Secretary periodically (but at least annually) with a list containing the name and address of the issuer of each such policy and the name and number of each such policy (including an indication of policies that have been previously approved, newly approved, or withdrawn from approval since the previous list was provided),”; "
(2)in subsection (c)—
(A)by striking “and” at the end of paragraph (1),
(B)by striking the period at the end of paragraph
(2)and inserting “; and”, and
(C)by inserting after paragraph
(2)the following new paragraph: " “(3)
(A)accepts a notice under section 1842(h)(3)(B) as a claims form for benefits under such policy in lieu of any claims form otherwise required and agrees to make a payment determination on the basis of the information contained in such claims form; “(B) where such a notice is received— “(i) provides notice to such physician or supplier and the beneficiary of the payment determination, and “(ii) provides any appropriate payment directly to the participating physician or supplier involved; “(C) provides each enrollee at the time of enrollment a card listing the policy name and number and a single mailing address to which notices under section 1842(h)(3)(B) respecting the policy are to be sent; “(D) agrees to pay any user fees established under section 1842(h)(3)(B) with respect to information transmitted to the issuer of the policy; and “(E) provides to the Secretary at least annually, for transmittal to carriers, a single mailing address to which notices under section 1842(h)(3)(B) respecting the policy are to be sent.”. "
(c)Effective Dates.—
(1)The amendment made by subsection (a)Contracts.[42 USC 1395u note](/us/usc/t42/s1395u). shall apply to contracts with carriers for claims for items and101 STAT. 1330–128 services furnished by participating physicians and suppliers on or after January 1, 1989.
(A)The amendments made by subsection
(b)shall apply to[42 USC 1395ss note](/us/usc/t42/s1395ss). medicare supplemental policies as of January 1, 1989 (or, if applicable, the date established under subparagraph (B)).
(B)In the case of a State which the Secretary of Health and Human Services identifies as—
(i)requiring State legislation (other than legislation appropriating funds) in order for medical supplemental policies to be changed to meet the requirements of section 1882(c)(3) of the Social Security Act, and
(ii)having a legislature which is not scheduled to meet in 1988 in a legislative session in which such legislation may be considered, the date specified in this subparagraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after January 1, 1989, and in which legislation described in clause
(i)may be considered. SEC. 4082. REVISION OF PART B HEARINGS.
(a)Clarification of OBRA Amendment.— Section 1869(b)(3)(B) of the Social Security Act (42 U.S.C. 1395ff(b)(3)(B)) is amended 43a43aCopy read “is amended is amended”. by striking “chapter 5” and inserting “section 553”.
(b)Expedited Administrative Hearing Where Only Issues of Law.— Section 1869(b) of such Act (42 U.S.C. 1395ffrb)) is amended by adding at the end the following new paragraph: " “(5) In an administrative hearing pursuant to paragraph (1), where the moving party alleges that there are no material issues of fact in dispute, the administrative law judge shall make an expedited determination as to whether any such facts are in dispute and, if not, shall determine the case expeditiously.”. "
(c)Timely Carrier Hearings on Part B Appeals.— Section 1842(b)(5) of such Act (42 U.S.C. 1395u(b)(5)) is amended—
(1)by inserting “(A)” after “(5)”, and
(2)by adding at the end the following new subparagraph: " “(B) The Secretary shall establish standards for evaluating carriers’ performance of reviews of initial carrier determinations and of fair hearings under paragraph (3)(C), under which a carrier is expected— “(i) to complete such reviews, within 45 days after the date of a request by an individual enrolled under this part for such a review, in 95 percent of such requests, and “(ii) to make a final determination, within 120 days after the date of receipt of a request by an individual enrolled under this part for a fair hearing under paragraph (3)(C), in 90 percent of such cases.”. "
(d)GAO Study.— The Comptroller General shall conduct a study[42 USC 1395u note](/us/usc/t42/s1395u). concerning the cost effectiveness of requiring hearings with a carrier under part B of title XVIII of the Social Security Act before having a hearing before an administrative law judge respecting carrier determinations under that part. The Comptroller GeneralReports. shall report to the Congress on the results of such study by not later than June 30, 1989.
(e)Effective Dates.—
(1)The amendment made by subsection (a)[42 USC 1395ff note](/us/usc/t42/s1395ff). shall take effect on the date of the enactment of this Act. 101 STAT. 1330–129
(2)The amendment made by subsection
(b)shall apply to requests for hearings filed after the end of the 60-day period beginning on the date of the enactment of this Act.
(3)The amendments made by subsection
(c)shall apply to evaluation[42 USC 1395u note](/us/usc/t42/s1395u). of performance of carriers under contracts entered into or renewed on or after October 1, 1988. SEC. 4083. PROVISIONS RELATING TO PHYSICIAN PAYMENT REVIEW COMMISSION.
(a)Revision of Appointment Process for the Physician Payment Review Commission.—
(1)In general.— Section 1845(a) of the Social 43b43bCopy read “of Social”. Security Act (42 U.S.C. 1395w–l(a)(3)) is amended—
(A)in paragraph (1), by striking “with expertise in the provision and financing of physicians’ services” and inserting “with national recognition for their expertise in health economics, physician reimbursement, medical practice, and other related fields”; and
(B)in paragraph (3), by striking the last sentence.
(2)Effective date.— The amendment made by paragraph (1)[42 USC 1395W–1 note](/us/usc/t42/s1395W–1). shall apply to appointments made after the date of the enactment of this Act.
(b)Treatment of Employees for Certain Purposes.—
(1)In 4444Copy read “General.”. general.— Section 1886(e)(6)(D) of the Social Security Act (42 U.S.C. 1395ww(e)(6)(D)) is amended by adding at the end the following: “For purposes of pay (other than pay of members of the Commission) and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as if they were employees of the United States Senate.”.
(2)Effective date.— The amendments made by paragraph (1)[42 USC 1395ww note](/us/usc/t42/s1395ww). shall take effect on the date of the enactment of this Act.
(c)Change in Date for Annual Report of Physician Payment Review Commission.—
(1)Section 1845(b)(l) of such Act (42 U.S.C. 1395w–l(b)(1)) is amended by striking “March 1” and inserting “March 31”.
(2)The amendment made by paragraph
(1)shall apply with[42 USC 1395w–1 note](/us/usc/t42/s1395w–1). respect to reports for years after 1987. SEC. 4084. TECHNICAL AMENDMENTS RELATED TO CERTIFIED REGISTERED NURSE ANESTHETISTS.
(a)In general.— Section 1833(1) of the Social Security Act (42 U.S.C. 13951(1)), as added by section 9320(e) of the Omnibus Budget Reconciliation Act of 1986, is amended—
(1)in paragraph (2), by striking “1985” and inserting “1985 and such other data as the Secretary determines necessary”; and
(2)in paragraph (5)(A), by striking “or group practice” each place it appears and inserting “group practice, or ambulatory surgical center”.
(b)Effective Date.— The amendments made by subsection (a)[42 USC 1395*l* note](/us/usc/t42/s1395l). shall apply as if included in the amendment made by section 9320(e)(2) of the Omnibus Budget Reconciliation Act of 1986. 101 STAT. 1330–130 SEC. 4085. MISCELLANEOUS AND TECHNICAL PROVISIONS.
(a)Prompt Submittal of Data By Secretary.— Section 1845 of the Social Security Act (42 U.S.C. 1395w–l) is amended by adding at the end the following new subsection: " “(f)
(1)Not later than October 1st of each year (beginning with 1988), the Secretary shall transmit to the Physician Payment Review Commission, to the Congressional Budget Office, and to the Congressional Research Service of the Library of Congress national data (known as the Part B Medicare Annual Data System) for the previous year respecting part B of this title. “(2) In order to ensure that the data are available for transmittal under paragraph
(1)on a timely basis, the Secretary shall require, in the standards and criteria established under section 1842(b)(2), that carriers submit data for a year under the system referred to in paragraph
(1)not later than July 1st of the following year. “(3) The Secretary, in consultation with the Physician Payment Review Commission, the Congressional Budget Office, and the Congressional Research Service of the Library of Congress, shall establish and annually revise standards for the data reporting system described in paragraph (1). “(4) The Secretary shall also provide to the entities described in paragraph
(1)additional data respecting the program under this part as may be reasonably requested by them on an agreed-upon schedule. “(5) The Secretary shall develop, in consultation with the Physician Payment Review Commission, the Congressional Budget Office, and the Congressional Research Service of the Library of Congress, a system for providing to each of such entities on a quarterly basis summary data on aggregate expenditures under this part by type of service and by type of provider. Such data shall be provided not later than 90 days after the end of each quarter (for quarters beginning with the calendar quarter ending on March 31, 1989).”. "
(b)Clarification of Penalties for Unassigned Laboratory Services.—
(1)In general.— Section 1833(h)(5) of the Social Security Act (42 U.S.C. 13951(h)(5)) is amended by adding at the end the following new subparagraph: " “(D) If a person knowingly and willfully and on a repeated basis bills an individual enrolled under this part for charges for a clinical diagnostic laboratory test for which payment may only be made on an assignment-related basis under subparagraph (C), the Secretary may apply sanctions against the person in the same manner as the Secretary may apply sanctions against a physician in accordance with section 1842(j)(2).”. "
(2)Effective date.— The amendment made by paragraph (1)[42 USC 1395*l* note](/us/usc/t42/s1395l). shall apply to procedures performed on or after January 1, 1988.
(c)Extension of Moratorium on Laboratory Payment Demonstration.— Section 9204(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended by section 9339(e) of the Omnibus Budget Reconciliation Act of 1986, is amended by striking[42 USC 1395ww note](/us/usc/t42/s1395ww). “January 1, 1988” and inserting “January 1, 1989”.
(d)Prompt Payment for Comprehensive Outpatient Rehabilitation Facilities.—
(1)Section 1816(c)(2)(C) of the Social Security Act (42 U.S.C. 1395h(c)(2)(C)) is amended by striking “or hospice program” and101 STAT. 1330–131 inserting “hospice program, comprehensive outpatient rehabilitation facility, or rehabilitation agency”.
(A)The amendment made by paragraph
(1)shall apply to[42 USC 1395h note](/us/usc/t42/s1395h). claims received on or after the date of enactment of this Act.
(B)The Secretary of Health and Human Services shall provide for such timely amendments to agreements under section 1816, and regulations, to such extent as may be necessary to implement the amendment made by paragraph (1).
(e)Capacity to 4545Copy read “to”. Set Geographic Payment Limits.— The Secretary[42 USC 1395u note](/us/usc/t42/s1395u). of Health and Human Services shall develop the capability to implement (for services furnished on or after January 1, 1989) geographic limits on charges and payments under part B of title XVIII of the Social Security Act for physicians’ services based on statewide, regional, or national average (or percentile in a distribution) of prevailing charges or payment amounts (weighted by frequency of services). Any such limits shall take into account adjustments for geographic differences in cost of practice and cost of living.
(f)Delay in Effective Date for Establishing Physician Identifier System.— Section 9202(g) of the Consolidated Omnibus Budget Reconciliation Act of 1985 is amended by striking “July 1, 1987” and[42 USC 1395ww note](/us/usc/t42/s1395ww). inserting “October 1, 1988”.
(g)Date for Applying Civil Penalities for Improper Use of Assistants in Performing Cataract Surgery.—
(1)Section 1842(k) of the Social Security Act (42 U.S.C. 1395u(k)) is amended in paragraphs
(1)and
(2)by striking “(j)(2)” each place it appears and inserting “(j)(2) in the case of surgery performed on or after March 1, 1987”.
(2)The amendment made by paragraph
(1)shall be effective[42 USC 1395u note](/us/usc/t42/s1395u). as if included in section 9307(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985.
(h)Utilization Screens for Physician Services Provided to Patients in Rehabiutation Hospitals.— [42 USC 1395u note](/us/usc/t42/s1395u).
(1)The Secretary of Health and Human Services shall establish (in consultation with appropriate physician groups, including those representing rehabilitative medicine) a separate utilization screen for physician visits to patients in rehabilitation hospitals and rehabilitative units (and patients in long-term care hospitals receiving rehabilitation services) to be used by carriers under section 1842 of the Social Security Act in performing functions under subsection
(a)of such section related to the utilization practices of physicians in such hospitals and units.
(2)Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall take appropriate steps to implement the utilization screen established under paragraph (1).
(i)Technical Amendments.—
(1)Section 1833(a) of the Social Security Act (42 U.S.C. 13951(a)) is amended—
(A)in paragraphs d)(D)(i) and (2)(D)(i), by striking, “on the basis of an assignment described in section 1842(b)(3)(B)(ii), under the procedure described in section 1870(f)(1),” and inserting “on an assignment-related basis”; 101 STAT. 1330–132
(B)in paragraph (1), by striking “and” before “(G)”; and
(C)in subsection (b)(3)(A), by striking “on the basis of an assignment described in section 1842(b)(3)(B)(ii), under the procedure described in section 1870(f)(1)" and inserting "on an assignment-related basis”.
(2)Section 1833(h)(1)(C) of such Act (42 U.S.C. 13951(h)(1)(C)) is amended by inserting before the period the following: “, and ending on December 31, 1989. For such tests furnished on or after January 1, 1990, the fee schedule shall be established on a nationwide basis”.
(3)Section 1833(h)(5)(A) of such Act (42 U.S.C. 13951(h)(5)(A)) is amended by striking “and” at the end of clause (i), by striking the period at the end of clause
(ii)and inserting “, and”, and by adding at the end the following new clause: " “(iii) in the case of a clinical diagnostic laboratory test provided under an arrangement (as defined in section 1861(w)(1)) made by a hospital, payment shall be made to the hospital.”. "
(4)Section 1835(a)(2)(C) of such Act (42 U.S.C. 1395n(a)(2)(C)) is amended by striking the second comma at the end of clause (i).
(5)Section 1842(b)(3)(C) of such Act (42 U.S.C. 1395u(b)(3)(C)) is amended by striking “not more than” and inserting “less than”.
(6)Section 1842(h)(5) of such Act (42 U.S.C. 1395u(h)(5)) is amended by striking “the” before “participation”.
(7)Effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986, section 1842(j)(1) of the Social Security Act (42 U.S.C. 1395u(j)(1)) is amended—
(A)in subparagraph (C)(i), by inserting “maximum allowable” after “If the physician’s”,
(B)in subparagraph (C)(v), by striking “1987” and inserting 4646Copy read “insert”. “1986”, and
(C)by adding at the end of subparagraph
(C)the following new clause: " “(vii) In the case of a nonparticipating physician who was a participating physician during a previous period, for the purpose of computing the physician’s maximum allowable actual charge during the physician’s period of nonparticipation, the physician shall be deemed to have had a maximum allowable actual charge during the period of participation, and such deemed maximum allowable actual charge shall be determined accordingly to clauses
(i)through (vi).”. "
(8)Paragraph
(4)of section 1845(e) of the Social Security Act (42 U.S.C. 1395w–l(e)) is amended by moving the alignment of each of its provisions (including any clauses therein) 2 ems to the left.
(9)Section 1861(b)(4) of such Act (42 U.S.C. 1395x(b)(4)) is amended by striking the comma before “anesthesia” and inserting “and” and by striking “certified” the second place it appears.
(10)The heading of subsection
(g)of section 1861 of such Act (42 U.S.C. 1395x) is amended to read as follows: “Outpatient Occupational Therapy Services”.
(11)Section 1861(s) of such Act (42 U.S.C. 1395x(s)), as amended by section 9367(a) of this Act, is amended by striking “which—” before paragraph
(15)and all that follows through101 STAT. 1330–133 the end of paragraph
(16)and inserting the following: “which would not be included under subsection
(b)if it were furnished to an inpatient of a hospital.”.
(12)Section 1861(v)(5)(A) of such Act (42 U.S.C. 1395x(v)(5)(A)) is amended by striking “section 1861(p)” and “section 1861(g)” and inserting “subsection (p)” and “subsection (g)”, respectively.
(13)The heading of subsection
(bb)of section 1861 of such Act (42 U.S.C. 1395x) is amended to read as follows: “Services of a Certified Registered Nurse Anesthetist”.
(14)The heading of subsection
(ee)of section 1861 of such Act (42 U.S.C. 1395x) is amended to read as follows: “Discharge Planning Process”.
(15)Section 1862(a)(1)(A) of such Act (42 U.S.C. 1395y(a)(1)(A)) is amended by striking “or (D)” and inserting “(D), or (E)”.
(16)Section 1862(a)(14) of such Act (42 U.S.C. 1395y(a)(14)) is amended by striking “an patient” and inserting “a patient”.
(17)Effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986, section 1866(g) of the Social Security Act (42 U.S.C. 1395cc(g)) is amended by striking “for a hospital outpatient service” and all that follows through “subsection (a)(1)(H)” and inserting “inconsistent with an arrangement under subsection (a)(1)(H) or in violation of the requirement for such an arrangement”.
(18)Section 1869(a) of the Social Security Act (42 U.S.C. 1395ff(a)) is amended by inserting “or a claim for benefits with respect to home health services under part B” before “shall”.
(19)Section 1869(b)(2) of such Act (42 U.S.C. 1395ff(b)(2)) is amended by inserting “and (1)(D)” after “paragraph (1)(C)” each place it appears.
(20)Section 1875(c)(3)(B) of such Act (42 U.S.C. 139511(c)(3)(B)) is amended by striking “years 1987” and inserting “year 1987”.
(21)Effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986—
(A)section 9313(d)(3) of such Act is amended by striking[42 USC 1395*ll* note](/us/usc/t42/s1395ll). “2 years after the date of the enactment of this Act” and inserting “January 1, 1990”;
(B)section 9332(a)(3) of such Act is amended by inserting[42 USC 1395u note](/us/usc/t42/s1395u). before the period at the end the following: “or in increasing the proportion of total payments for physicians’ services which are payments for such services rendered by participating physicians”;
(C)section 9335(j)(2) of such Act is amended by inserting[42 USC 1395rr note](/us/usc/t42/s1395rr). before the period at the end the following: “except that, until network administrative organizations are established under section 1881(c)(1)(A) of the Social Security Act (as amended by subsection (d)(1) of this section), the distribution of payments described in the last sentence of section 1881(b)(7) of such Act shall be made based on the distribution of payments under section 1881 of such Act to network administrative organizations for fiscal year 1986”; and
(D)section 9343 of such Act is amended— [42 USC 1395*l*](/us/usc/t42/s1395l).
(i)amending subparagraph
(A)of subsection (e)(2) to read as follows: 101 STAT. 1330–134 " “(2)
(A)Section 1833 (42 U.S.C. 13951) is amended— “(i) in subsection (a)(1)(F), by striking ‘(i)(3)’ and inserting ‘(i)(4)’, and “(ii) in subsection (b)(3), by striking ‘or under subsection (i)(2) or (i)(4)’.”; "
(ii)in subsection (h)(2), by striking “(d)” and inserting[42 USC 1395*l* note](/us/usc/t42/s1395l). “(c)” and by adding at the end the following: “The amendments made by subsection
(c)shall apply to services furnished after June 30, 1987.”; and
(iii)in subsection (h)(4), by striking “(c)” and inserting[42 USC 1395*l* note](/us/usc/t42/s1395l). “(d)”. **PART 4—** **PEER REVIEW ORGANIZATIONS** SEC. 4091. CONTRACT PROVISIONS.
(a)Extensions of Peer Review Contract Period.— [42 USC 1320C–2 note](/us/usc/t42/s1320C–2).
(1)One-time extensions to permit staggering of expiration dates.—
(A)In general.— In order to permit the Secretary of Health and Human Services an adequate time to complete contract renewal negotiations with utilization and quality control peer review organizations under part B of title XI of the Social Security Act and to provide for a staggered period of contract expiration dates, notwithstanding section 1153(c) of such Act, the Secretary may provide for extensions of existing contracts, but the total of such extensions may not exceed 24 months for any contract.
(B)Effective date.— The amendment made by subparagraph
(A)shall apply to renewals occurring on or after the date of the enactment of this Act.
(2)3-year contract period.—
(A)Section 1153(c)(3) of such Act (42 U.S.C. 1320c–2(c)(3)) is amended by striking “two” and “biennial” and inserting “three” and “triennial”, respectively.
(B)The amendment made by subparagraph
(A)shall[42 USC 1320C–2 note](/us/usc/t42/s1320C–2). apply with respect to contracts entered into or renewed on or after the date of the enactment of this Act.
(b)Contract Requirements.—
(1)Section 1153 of the Social Security Act (42 U.S.C. 1320c–2) is amended by adding at the end the following new subsection: " “(h)
(1)The Secretary shall publish in the Federal Register anyFederal Register, publication. new policy or procedure adopted by the Secretary that affects substantially the performance of contract obligations under this section not less than 30 days before the date on which such policy or procedure is to take effect. This paragraph shall not apply to the extent it is inconsistent with a statutory deadline. “(2) The Secretary shall publish in the Federal Register theFederal Register, publication. general criteria and standards used for evaluating the efficient and effective performance of contract obligations under this section and shall provide opportunity for public comment with respect to such criteria and standards. “(3) The Secretary shall regularly furnish each peer reviewReports. organization with a contract under this section with a report that documents the performance of the organization in relation to the performance of other such organizations.”. " 101 STAT. 1330–135
(2)Section 1153(e) of such Act (42 U.S.C. 1320c–2(e)) is amended—
(A)by inserting “(1)” after “(e)”;
(B)by striking “Contracting” and inserting “Except as provided in paragraph (2), contracting”; and
(C)by adding at the end the following new paragraph: " “(2) If a peer review organization with a contract under this section is required to carry out a review function in addition to any function required to be carried out at the time the Secretary entered into or renewed the contract with the organization, the Secretary shall, before requiring such organization to carry out such additional function, negotiate the necessary contractual modifications, including modifications that provide for an appropriate adjustment (in light of the cost of such additional function) to the amount of reimbursement made to the organization.”. "
(3)The amendments made by paragraphs
(1)and
(2)shall[42 USC 1320C–2 note](/us/usc/t42/s1320C–2). become effective on the date of enactment of this Act. SEC. 4092. PREFERENCE IN CONTRACTING WITH IN-STATE ORGANIZATIONS.
(a)In General.— Section 1153 of the Social Security Act (42 U.S.C. 1320C–2), as amended by section 4091(b)(1) of this part, is further amended by adding at the end the following new subsection: " “(i)
(1)Notwithstanding any other provision of this section, the Secretary shall not renew a contract with any organization that is not an in-State organization (as defined in paragraph (3)) unless the Secretary has first complied with the requirements of paragraph (2). “(2)
(A)Not later than six months before the date on which aFederal Register, publication. contract period ends with respect to an organization that is not an in-State organization, the Secretary shall publish in the Federal Register— “(i) the date on which such period ends; and “(ii) the period of time in which an in-State organization may submit a proposal for the contract ending on such date. “(B) If one or more qualified in-State organizations submits a proposal within the period of time specified under subparagraph (A)(ii), the Secretary shall not automatically renew the current contract on a noncompetitive basis, but shall provide for competition for the contract in the same manner as a new contract under subsection (b). “(3) For purposes of this subsection, an in-State organization is an organization that has its primary place of business in the State in which review will be conducted (or, which is owned by a parent corporation the headquarters of which is located in such State).”. "
(b)Effective Date.— The amendment made by subsection (a)[42 USC 1320C–2 note](/us/usc/t42/s1320C–2). shall apply with respect to contracts scheduled to be renewed on or after the first day of the eighth month to begin after the date of enactment of this Act. SEC. 4093. REQUIRING REASONABLE NOTICE AND OPPORTUNITY FOR DISCUSSION PRIOR TO DENIAL OF CLAIM.
(a)In General.— Section 1154(a)(3) of the Social Security Act (42 U.S.C. 1320c–3(a)(3)) is amended to read as follows: " “(3)
(A)Subject to subparagraph (B), whenever the organization makes a determination that any health care services or items furnished or to be furnished to a patient by any practitioner or provider are disapproved, the organization shall101 STAT. 1330–136 promptly notify such patient and the agency or organization responsible for the payment of claims under title XVIII of this Act of such determination. “(B) The notification under subparagraph
(A)shall not occur until 20 days after the date that the organization has— “(i) made a preliminary notification to such practitioner or provider of such proposed determination, and “(ii) provided such practitioner or provider an opportunity for discussion and review of the proposed determination. " The discussion and review conducted under subparagraph (B)(ii) shall not affect the rights of a practitioner or provider to a formal reconsideration of a determination under this part (as provided under section 1155).”.
(b)Effective Date.— The amendment made by subsection
(a)[42 USC 1320C–3 note](/us/usc/t42/s1320C–3). shall apply with respect to determinations made on or after April 1, 1988. SEC. 4094. PEER REVIEW NORMS AND EDUCATION.
(a)Standards Applied by Pros.— Section 1154(a)(6) of the Social Security Act (42 U.S.C. 1320c–3(a)(6)) is amended by adding after and below subparagraph
(B)thereof the following: “As a component of the norms described in clause
(i)or (ii), the organization shall take into account the special problems associated with delivering care in remote rural areas, the availability of service alternatives to inpatient hospitalization, and other appropriate factors (such as the distance from a patient’s residence to the site of care, family support, availability of proximate alternative sites of care, and the patient’s ability to carry out necessary or prescribed self-care regimens) that could adversely affect the safety or effectiveness of treatment provided on an outpatient basis.”
(b)On-Site Review.— Section 1154(a) of such Act (42 U.S.C. 1320c–3(a)) is amended by adding at the end the following new paragraph: " “(15) During each year of the contract entered into under Contracts. section 1153(b), the organization shall perform significant onsite review activities, including on-site review at at least 20 percent of the rural hospitals in the organization’s area.”. "
(c)Reports to Providers and Educational Activities.—
(A)Section 1154(a)(6) of such Act4747Copy read “1154(a)(6) such Act”. (42 U.S.C. 1320c–3(a)(6)) is amended—
(i)by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively,
(ii)by inserting “(A)” after “(6)”, and
(iii)by adding at the end the following: " “(B) The organization shall— “(i) offer to provide, several times each year, for a physician representing the organization to meet (at a hospital or at a regional meeting) with medical and administrative staff of each hospital (the services of which are reviewed by g the organization) respecting the organization’s review of the hospital’s services for which payment may be made under title XVIII, and 101 STAT. 1330–137 “(ii) publish (not less often than annually) and distribute to providers and practitioners whose services are subject to review a report that describes the organization’s findings with respect to the types of cases in which the organization has frequently determined that
(I)inappropriate or unnecessary care has been provided,
(II)services were rendered in an inappropriate setting, or
(III)services did not meet professionally recognized standards of health care.”. "
(B)The amendments made by subparagraph
(A)shall apply toContracts.[42 USC 1320C–3 note](/us/usc/t42/s1320C–3). contracts under part B of title XI of the Social Security Act entered into or renewed more than 6 months after the date of the enactment of this Act.
(A)Section 1154(a)(4)(B) of the Social Security Act (42 U.S.C. 1320c–3(a)(4)(B)) is amended—
(i)by inserting before the period at the end of the first sentence the following: “and whether individuals enrolled with an eligible organization have adequate access to health care services provided by or through such organization (as determined, in part, by a survey of individuals enrolled with the organization who have not yet used the organization to receive such services). The contract of each organization shall also provide that with respect to health care provided by a health maintenance organization or competitive medical plan under section 1876, the organization shall maintain a beneficiary outreach program designed to apprise individuals receiving care under such section of the role of the peer review system, of the rights of the individual under such system, and of the method and purposes for contacting the organization”; and
(ii)by striking “previous sentence” and inserting “previous two sentences”.
(B)Section 1154(a)(7)(A) of such Act (42 U.S.C. 1320c–3(a)(7)(A)) is amended—
(i)by inserting “(i)” after “(A)”,
(ii)by striking the semicolon and inserting “; and”, and
(iii)by adding at the end thereof the following new clause: " “(ii) in the case of psychiatric and physical rehabilitation services, make arrangements to ensure that (to the extent possible) initial review of such services be made by a physician who is trained in psychiatry or physical rehabilitation (as appropriate).”. "
(C)The amendments made by this paragraph shall apply withContracts.[42 USC 1320C–3 note](/us/usc/t42/s1320C–3). respect to contracts entered into or renewed on or after the date of enactment of this Act.
(d)Peer Review Emphasis on Educational Activities.—
(1)Section 1153(c) of such Act (42 U.S.C. 1320c–2(c)) is amended by adding after and below paragraph
(8)the following: “In evaluating the performance of utilization and quality control peer review organizations under contracts under this part, the Secretary shall place emphasis on the performance of such organizations in educating providers and practitioners (particularly those in rural areas) concerning the review process and criteria being applied by the organization.”.
(2)The amendment made by paragraph
(1)shall apply toContracts.[42 USC 1320C–2 note](/us/usc/t42/s1320C–2). contracts under part B of title XI of the Social Security Act as of January 1, 1988. 101 STAT. 1330–138
(e)Telecommunications Demonstration Projects.— The SecretaryContracts.[42 USC 1320C–5 note](/us/usc/t42/s1320C–5). of Health and Human Services shall enter into agreements with entities submitting applications under this subsection (in such form as the Secretary may provide) to establish demonstration projects to examine the feasability of requiring instruction and oversight of rural physicians, in lieu of imposing sanctions, through use of video communication between rural hospitals and teaching hospitals under this title. Under such demonstration projects, the Secretary may provide for payments to physicians consulted via video communication systems. No funds may be expended under the demonstration projects for the acquisition of capital items including computer hardware. SEC. 4095. PREEXCLUSION HEARINGS.
(a)In General.— Section 1156(b) of the Social Security Act (42 U.S.C. 1320c–5(b)) is amended by adding at the end the following new paragraph: " “(5) Before the Secretary may effect an exclusion under paragraph
(2)in the case of a provider or practitioner located in a rural health manpower shortage area
(HMSA)or in a county with a population of less than 70,000, the provider or practitioner adversely affected by the determination is entitled to a hearing before an administrative law judge (described in section 205(b)) respecting whether the provider or practitioner should be able to continue furnishing services to individuals entitled to benefits under this Act, pending completion of the administrative review procedure under paragraph (4). If the judge does not determine, by a preponderance of the evidence, that the provider or practitioner will pose a serious risk to such individuals if permitted to continue furnishing such services, the Secretary shall not effect the exclusion under paragraph
(2)until the provider or practitioner has been provided reasonable notice and opportunity for an administrative hearing thereon under paragraph (4).”. "
(b)Effective Date.— The amendment made by subsection
(a)[42 USC 1320C–5 note](/us/usc/t42/s1320C–5). shall apply to determinations made by the Secretary of Health and Human Services under section 1156(b) of the Social Security Act on or after the date of the enactment of this Act.
(c)Transition for Current Cases.— In the case of a practitioner [42 USC 1320C–5 note](/us/usc/t42/s1320C–5). or person—
(1)for whom a notice of determination under section 1156(b) of the Social Security Act has been provided within 365 days before the date of the enactment of this Act,
(2)who has not exhausted the administrative remedies available under section 1156(b)(4) of such Act for review of the determination, and
(3)who requests, within 90 days after the date of the enactment of this Act, a hearing established under this subsection, the Secretary of Health and Human Services shall provide for a hearing described in section 1156(b)(5) of the Social Security Act (as amended by subsection
(a)of this section).
(d)Redeterminations in Certain Cases.— If, in hearing under[42 USC 1320C–5 note](/us/usc/t42/s1320C–5). subsection (c), the judge does not determine, by a preponderance of the evidence, that the provider or practitioner will pose a serious risk to individuals entitled to benefits under title XVIII of the Social Security Act if permitted to continue or resume furnishing such services, the Secretary shall not effect the exclusion (or shall suspend the exclusion, if previously effected) under paragraph
(2)of101 STAT. 1330–139 section 1156(b) of such Act until the provider or practitioner has been provided an administrative hearing thereon under paragraph
(4)of such section, notwithstanding any failure by the provider or practitioner to request the hearing on a timely basis.
(e)Report on Improvements in Procedures for Imposing Sanctions.— Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall report to Congress on the improved procedures for imposing sanctions against a practitioner or person under section 1156 of the Social Security Act established through agreement by the Health Care Financing Administration, the American Association of Retired Persons, the American Medical Association, and the Office of the Inspector General in the Department of Health and Human Services. The report shall set forth such improved procedures, describe the response of physicians and providers to the procedures, assess whether the procedures effect an appropriate balance between procedural fairness and the need for ensuring quality medical care, comment on the alternative provider-patient notification procedure contained in the agreement, and recommend whether such procedures should apply to institutional providers of health care services. SEC. 4096. LIMITATION OF BENEFICIARY LIABILITY FOR SERVICES DISALLOWED BY PEER REVIEW ORGANIZATIONS.
(a)Part B Services—
(1)Section 1842 of the Social Security Act (42 U.S.C 1395u) is amended—
(A)in subsection (b)(3)(ii), by inserting “(and to refund amounts already collected)” after “agrees not to charge”, and by striking “and (II)” and inserting “,
(II)the physician or other person furnishing such service agrees not to charge (and to refund amounts already collected) for services for which payment under this title is denied under section 1154(a)(2) by reason of a determination under section 1154(a)(1)(B), and (III)”;
(B)in subsection (1)(1)(A)(iii), by inserting “(I)” after “(iii)” and by inserting before the comma the following: “or
(II)payment under this title for such services is denied under section 1154(a)(2) by reason of a determination under section 1154(a)(1)(B)”; and
(C)in subsection (1)(1)(C), by inserting “in the case described in subparagraph (A)(iii)(I)” after “to an individual”.
(2)Section 1870(f) of such Act (42 U.S.C. 1395gg(f)) is amended by striking “that the reasonable charge is the full charge for the services” each place it appears and inserting “to the terms specified in subclauses
(I)and
(II)of section 1842(b)(3)(B)(ii) with respect to the services”.
(b)Indemnification.— Section 1879(b) of such Act (42 U.S.C. 1395pp(b)) is amended—
(1)in the first sentence, by striking “, subject to the deductible and coinsurance provisions of this title,”, and
(2)by adding at the end the following: “No item or service for which an individual is indemnified under this subsection shall be taken into account in applying any limitation on the amount of items and services for which payment may be made to or on behalf of the individual under this title.”.
(c)Patient Liability for Hospital Charges During Appeal of Discharge Notice.— 101 STAT. 1330–140
(1)Section 1154(e)(2) of such Act (42 U.S.C. 1320c–3(e)(2)) is amended by adding at the end thereof the following: “If the hospital requests such a review, it shall also notify the patient that the review has been requested.”.
(2)Sections 1154(e)(3)(A)(i) (42 U.S.C. 1320c–3(e)(3)(A)(i)) and 1154(e)(3)(B) (42 U.S.C. 1320c–3(e)(3)(B)) of such Act are each amended by inserting “or (2)” after “paragraph (1)”.
(d)Effective Date.— The amendments made by this section shall[42 USC 1320C–3 note](/us/usc/t42/s1320C–3). apply to services furnished on or after January 1, 1988. SEC. 4097. SEPARATE FUNDING LEVELS.
(a)Aggregate Funding.— Section 1866(a)(1)(F)(i)(III) of the Social Security Act (42 U.S.C. 1395cc(a)(1)(F)(i)(III)) is amended—
(1)by striking “1986” and inserting “1988”; and
(2)inserting “and for any direct or administrative costs incurred as a result of review functions added with respect to a subsequent fiscal year” after “inflation”.
(b)Payment.— Section 1866(a)(4)(C)(ii) of such Act (42 U.S.C. 1395cc(a)(4)(C)(ii)) is amended to read as follows: " “(ii) shall not be less in the aggregate for a fiscal year— “(I) in the case of hospitals, than the amount specified in paragraph (1)(F)(i)(III), and “(II) in the case of facilities and agencies, than the amounts the Secretary determines to be sufficient to cover the costs of such organizations’ conducting the activities described in subparagraph
(A)with respect to such facilities or agencies under part B of title XL”. "
(c)Effective Date.— The amendments made by this section[42 USC 1395CC note](/us/usc/t42/s1395CC). shall apply with respect to fiscal years beginning on or after October 1, 1988. Subtitle B— Medicaid **PART 1—** **ELIGIBILITY AND BENEFITS** SEC. 4101. MEDICAID BENEFITS FOR POOR CHILDREN AND PREGNANT WOMEN.
(a)Medicaid Optional Coverage for Additional Low-Income Pregnant Women and Children.—
(1)Section 1902(1) of the Social Security Act (42 U.S.C. 1396a(l)) is amended—
(A)in paragraph (2)—
(i)striking “(2) For purposes of paragraph (1)” and inserting “(2)(A) For purposes of paragraph
(1)with respect to individuals described in subparagraph
(A)or
(B)of that paragraph”,
(ii)by striking “100 percent” and inserting “185 percent”, and
(iii)by adding at the end the following new subparagraph: “(B) If a State elects, under subsection (a)(10)(A)(ii)(IX), to cover individuals not described in subparagraph
(A)or
(B)of paragraph (1), for purposes of that paragraph and with respect to individuals not described in such subparagraphs the State shall establish an income level which is a percentage (not more than 100 percent, or, if101 STAT. 1330–141less, the percentage established under subparagraph (A)) of the income official poverty line described in subparagraph (A).“; and
(B)in paragraph (3)(D), by inserting “appropriate” after “applied is the”.
(2)Section 1902(e)(4) of such Act (42 U.S.C. 1396a(e)(4)) is amended by adding at the end the following new sentence: “During the period in which a child is deemed under the preceding sentence to be eligible for medical assistance, the medical assistance eligibility identification number of the mother shall also serve as the identification number of the child, and all claims shall be submitted and paid under such number (unless the State issues a separate identification number for the child before such period expires).”.
(3)The amendments made by this subsection shall apply toEffective date.[42 USC 1396a note](/us/usc/t42/s1396a). medical assistance furnished on or after July 1, 1988.
(b)Allowing Accelerated Coverage of Children Up 4848Copy read “up”. to Age 5.—
(1)Section 1902(1)(1) of such Act (42 U.S.C. 1396a(1)(1)) is amended—
(A)by inserting “and” at the end of subparagraph (B), and
(B)by striking subparagraphs
(C)through
(F)and inserting the following: " “(C) children born after September 30, 1983, and who have attained one year of age but have not attained 2, 3, 4, or 5 years of age (as selected by the State),”. "
(A)Section 1902(1) of such Act is further amended—
(i)in paragraph (3)(C), by striking “, (C), (D), (E), or (F)” and inserting “or (C)”, and
(ii)in paragraph (4)(B)(ii), by striking “, (D), (E), or (F)”.
(B)Section 1902(e)(7) of such Act (42 U.S.C. 1396a(e)(7)) is amended by striking “, (C), (D), (E), or (F)” and inserting “or (C)”.
(C)Section 9401(f)(2) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking “(A)” after “(2)” and by[42 USC 1396a note](/us/usc/t42/s1396a). striking subparagraphs
(B)through (D).
(3)The amendments made by this subsection shall apply withEffective date.[42 USC 1396a note](/us/usc/t42/s1396a). respect to medical assistance furnished on or after July 1, 1988.
(c)Coverage of Children Up 4949Copy read “up”. to Age 8.—
(1)Section 1905(n)(2) of such Act (42 U.S.C. 1396d(n)(2)) is amended by striking “is under 5 years of age” and inserting “has not attained the age of 7 (or any age designated by the State that exceeds 7 but does not exceed 8)”.
(2)Section 1902(1)(1)(C) of such Act, as amended by subsection (n)(1)(B), is further amended by striking “or 5 years” and inserting “5, 6, 7, or 8 years”.
(A)The amendments made by this subsection shall apply toEffective date.[42 USC 1396d note](/us/usc/t42/s1396d). medical assistance furnished on or after October 1, 1988.
(B)For purposes of section 1905(n)(2) of the Social Security Act (as amended by subsection (a)) for medical assistance furnished during fiscal year 1989, any reference to “age of 7” is deemed to be a reference to “age of 6”.
(d)Premium.— 101 STAT. 1330–142
(1)Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended—
(A)in subsection (a)(1), by inserting “(except for a premium imposed under subsection (c))” before the semicolon;
(B)by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively; and
(C)by inserting after subsection
(b)the following new subsection: " “(c)
(1)The State plan of a State may at the option of the State provide for imposing a monthly premium (in an amount that does not exceed the limit established under paragraph (2)) with respect to an individual described in subparagraph
(A)or
(B)of section 1902(1)(1) who is receiving medical assistance on the basis of section 1902(a)(10)(A)(ii)(IX) and whose family income (as determined in accordance with the methodology specified in section 1902(1)(3)) equals or exceeds 150 percent of the nonfarm income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. “(2) In no case may the amount of any premium imposed under paragraph
(1)exceed 10 percent of the amount by which the family income (less expenses for the care of a dependent child) of an individual exceeds 150 percent of the line described in paragraph (1). “(3) A State shall not require prepayment of a premium imposed pursuant to paragraph
(1)and shall not terminate eligibility of an individual for medical assistance under this title on the basis of failure to pay any such premium until such failure continues for a period of not less than 60 days. The State may waive payment of any such premium in any case where the State determines that requiring such payment would create an undue hardship. “(4) A State may permit State or local funds available under other programs to be used for payment of a premium imposed under paragraph (1). Payment of a premium with such funds shall not be counted as income to the individual with respect to whom such payment is made.”. "
(2)The amendments made by paragraph
(1)shall becomeEffective date.[42 USC 13960 note](/us/usc/t42/s13960). effective on July 1, 1988.
(e)Miscellaneous Provisions Relating to Services for Pregnant Women and Children.—
(1)Section 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is amended, in subdivision
(VII)of the matter following subparagraph (E), by striking “and postpartum” and inserting “postpartum, and family planning”.
(2)Section 1902(e)(5) of such Act (42 U.S.C. 1396a(e)(5)) is amended by striking “until the end of the 60-day period beginning on the last day of her pregnancy” and inserting “through the end of the month in which the 60-day period (beginning on the last day of her pregnancy) ends”.
(3)Section 1902(1)(3)(E) of such Act (42 U.S.C. 1396a(1)(3)(E)) is amended by inserting after “title IV” the following: “(except to the extent such methodology is inconsistent with clause
(D)of subsection (a)(17))”.
(4)Section 1902(1)(4)(A) of such Act (42 U.S.C. 1396a(1)(4)(A)) is amended by striking “April 17, 1986” and inserting “July 1, 1987”. 101 STAT. 1330–143
(5)Section 1902(1)(4) of such Act (42 U.S.C. 1396a(1)(4)) is amended by adding at the end the following new subparagraph: " “(C) A State plan may not provide, in its election of the option of furnishing medical assistance to individuals described in paragraph (1), that such individuals must apply for benefits under part A of title IV as a condition of applying for, or receiving, medical assistance under this title.”. "
(A)The amendment made by paragraph 5050Copy read “paragraphs”.
(1)shall becomeEffective dates.[42 USC 1396a note](/us/usc/t42/s1396a). effective on the date of enactment of this Act.
(B)The amendments made by paragraphs
(2)and
(3)shall be effective as if they had been included in the enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985.
(C)The amendment made by paragraph
(4)shall apply to elections made on or after the enactment of this Act.
(D)The amendment made by paragraph
(5)shall apply as if included in the enactment of section 9401 of the Omnibus Budget Reconciliation Act of 1986. SEC. 4102. HOME AND COMMUNITY-BASED SERVICES FOR THE ELDERLY.
(a)In General.—
(1)Section 1915 of the Social Security Act (42 U.S.C. 1396n) is amended—
(A)by transferring subsection
(d)to the end of such section and redesignating it as subsection (h), and
(B)by inserting after subsection
(c)the following new subsection: " “(d)
(1)Subject to paragraph (2), the Secretary shall grant a waiver to provide that a State plan approved under this title shall include as ‘medical assistance’ under such plan payment for part or all of the cost of home or community-based services (other than room and board) which are provided pursuant to a written plan of care to individuals 65 years of age or older with respect to whom there has been a determination that but for the provision of such services the individuals would be likely to require the level of care provided in a skilled nursing facility or intermediate care facility the cost of which could be reimbursed under the State plan. “(2) A waiver shall not be granted under this subsection unless the State provides assurances satisfactory to the Secretary that— “(A) necessary safeguards (including adequate standards for provider participation) have been taken to protect the health and welfare of individuals provided services under the waiver and to assure financial accountability for funds expended with respect to such services; “(B) with respect to individuals 65 years of age or older who— “(i) are entitled to medical assistance for skilled nursing or intermediate care facility services under the State plan, “(ii) may require such services, and “(iii) may be eligible for such home or community-based services under such waiver, the State will provide for an evaluation of the need for such skilled nursing facility or intermediate care facility services; and “(C) such individuals who are determined to be likely to require the level of care provided in a skilled nursing facility or intermediate care facility are informed of the feasible alter-101 STAT. 1330–144natives to the provision of skilled nursing facility or intermediate care facility services, which such individuals may choose if available under the waiver. Each State with a waiver under this subsection shall provide to the Secretary annually, consistent with a reasonable data collection plan designed by the Secretary, information on the impact of the waiver granted under this subsection on the type and amount of medical assistance provided under the State plan and on the health and welfare of recipients. “(3) A waiver granted under this subsection may include a waiver of the requirements of section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and section 1902(a)(10)(C)(i)(III) (relating to income and resource rules applicable in the community). Subject to a termination by the State (with notice to the Secretary) at any time, a waiver under this subsection shall be for an initial term of 3 years and, upon the request of a State, shall be extended for additional 5-year periods unless the Secretary determines that for the previous waiver period the assurances provided under paragraph
(2)have not been met. A waiver may provide, with respect to post-eligibility treatment of income of all individuals receiving services under the waiver, that the maximum amount of the individual’s income which may be disregarded for any month is equal to the amount that may be allowed for that purpose under a waiver under subsection (c). “(4) A waiver under this subsection may, consistent with paragraph (2), provide medical assistance to individuals for case management services, homemaker/home health aide services and personal care services, adult day health services, respite care, and other medical and social services that can contribute to the health and well-being of individuals and their ability to reside in a community-based care setting. “(5)
(A)In the case of a State having a waiver approved under this subsection, notwithstanding any other provision of section 1903 to the contrary, the total amount expended by the State for medical assistance with respect to skilled nursing facility services, intermediate care facility services, and home and community-based services under the State plan for individuals 65 years of age or older during a waiver year under this subsection may not exceed the projected amount determined under subparagraph (B). “(B) For purposes of subparagraph (A), the projected amount under this subparagraph is the sum of the following: " “(i) The aggregate amount of the State’s medical assistance under this title for skilled nursing facility services and intermediate care facility services furnished to individuals who have attained the age of 65 for the base year increased by a percentage which is equal to the lesser of 7 percent times the number of years beginning after the base year and ending before the waiver year involved or the sum of— “(I) the percentage increase (based on an appropriate market-basket index representing the costs of elements of such services) between the base year and the waiver year involved, plus “(II) the percentage increase between the base year and the waiver year involved in the number of residents in the State who have attained the age of 65, plus “(III) 2 percent for each year beginning after the base year and ending before the waiver year. 101 STAT. 1330–145 “(ii) The aggregate amount of the State’s medical assistance under this title for home and community-based services for individuals who have attained the age of 65 for the base year increased by a percentage which is equal to the lesser of 7 percent times the number of years beginning after the base year and ending before the waiver year involved or the sum of— “(I) the percentage increase (based on an appropriate market-basket index representing the costs of elements of such services) between the base year and the waiver year involved, plus “(II) the percentage increase between the base year and the waiver year involved in the number of residents in the State who have attained the age of 65, plus “(III) 2 percent for each year beginning after the base year and ending before the waiver year, “(iii) The Secretary shall develop and promulgate by regulationRegulations. (by not later than October 1, 1989)— “(I) a method, based on an index of appropriately weighted indicators of changes in the wages and prices of the mix of goods and services which comprise both skilled nursing facility services and intermediate care facility services (regardless of the source of payment for such services), for projecting the percentage increase for purposes of clause (i)(I); “(II) a method, based on an index of appropriately weighted indicators of changes in the wages and prices of the mix of goods and services which comprise home and community-based services (regardless of the source of payment for such services), for projecting the percentage increase for purposes of clause (ii)(I); and “(III) a method for projecting, on a State specific basis, the percentage increase in the number of residents in each State who are over 75 years of age for any period. " Effective on and after the date the Secretary promulgates the regulation under clause (iii), any reference in this subparagraph to the ‘lesser of 7 percent’ shall be deemed to be a reference to the ‘greater of 7 percent’. “(C) In this paragraph: " “(i) The term ‘home and community-based services’ includes services described in sections 1905(a)(7) and 1905(a)(8), services described in subsection (c)(4)(B), services described in paragraph (4)(B), personal care services, and services furnished pursuant to a waiver under subsection (c). “(ii)
(I)Subject to subclause (II), the term ‘base year’ means the most recent year (ending before the date of the enactment of this subsection) for which actual final expenditures under this title have been reported to, and accepted by, the Secretary. “(II) For purposes of subparagraph (C), in the case of a State that does not report expenditures on the basis of the age categories described in such subparagraph for a year ending before the date of the enactment of this subsection, the term ‘base year’ means fiscal year 1989. “(iii) The term ‘intermediate care facility services’ does not include services furnished in an institution certified in accordance with section 1905(d). " “(6)
(A)A determination by the Secretary to deny a request for a waiver (or extension of waiver) under this subsection shall be subject to review to the extent provided under section 1116(b). 101 STAT. 1330–146 “(B) Notwithstanding any other provision of this Act, if the Secretary denies a request of the State for an extension of a waiver under this subsection, any waiver under this subsection in effect on the date such request is made shall remain in effect for a period of not less than 90 days after the date on which the Secretary denies such request (or, if the State seeks review of such determination in accordance with subparagraph (A), the date on which a final determination is made with respect to such review).”. "
(2)The amendments made by paragraph
(1)shall becomeEffective date.[42 USC 1396n note](/us/usc/t42/s1396n). effective on January 1, 1988.
(b)Conforming Amendments.—
(1)Section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) is amended by striking “section 1915(c)” each place it appears and inserting “subsection
(c)or
(d)of section 1915”.
(2)Section 1915(h) of such Act, as redesignated by subsection (a), is amended by striking “(c)” and inserting in lieu thereof “(c) or (d)”.
(c)Extension of Waiver.— In the case of a State which, as of[42 USC 1396n note](/us/usc/t42/s1396n). December 1, 1987, has a waiver approved with respect to elderly individuals under section 1915(c) of the Social Security Act, which waiver is scheduled to expire before July 1, 1988, if the State notifies the Secretary of Health and Human Services of the State’s intention to file an application for a waiver under section 1915(d) of such Act (as amended by subsection
(a)of this section), the Secretary shall extend approval of the State’s waiver, under section 1915(c) of such Act, on the same terms and conditions through September 30, 1988. SEC. 4103. PHYSICIANS’ SERVICES FURNISHED BY DENTISTS.
(a)Clarifying Coverage.— Section 1905(a)(5) of the Social Security Act (42 U.S.C. 1396d(a)(5)) is amended by inserting “(A)” after “(5)” and by inserting before the semicolon at the end the following: “, and
(B)medical and surgical services furnished by a dentist (described in section 1861(r)(2)) to the extent such services may be performed under State law either by a doctor of medicine or by a doctor of dental surgery or dental medicine and would be described in subparagraph
(A)if furnished by a physician (as defined in section 1861(r)(1))”.
(b)Effective Date.— [42 USC 1396d note](/us/usc/t42/s1396d).
(1)The amendment made by subsection
(a)applies (except as provided under paragraph (2)) to payments under title XIX of the Social Security Act for calendar quarters beginning on or after January 1, 1988, without regard to whether or not final regulations to carry out such amendment have been promulgated by such date.
(2)In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. 101 STAT. 1330–147 SEC. 4104. OPTIONAL MEDICAID COVERAGE OF INDIVIDUALS IN CERTAIN STATES RECEIVING ONLY OPTIONAL STATE SUPPLEMENTARY PAYMENTS. Section 1902(a)(10)(A){ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended—
(1)by striking “or” at the end of subclause
(IX)and inserting “or” at the end of subclause (X); and
(2)by adding at the end the following new subclause: " “(XI) who receive only an optional State supplementary payment based on need and paid on a regular basis, equal to the difference between the individual’s countable income and the income standard used to determine eligibility for such supplementary payment (with countable income being the income remaining after deductions as established by the State pursuant to standards that are more restrictive than the standards for supplementary security income benefits under title XVI), which are available to all individuals in the State (but which may be based on different income standards by political subdivision according to cost of living differences), and which are paid by a State that does not have an agreement with the Secretary under section 1616 or 1634.”. " SEC. 4105. CLARIFICATION OF COVERAGE OF CLINIC SERVICES FURNISHED TO HOMELESS OUTSIDE FACILITY.
(a)In General.— Section 1905(a)(9) of the Social Security Act (42 U.S.C. 1396d(a)(9)) is amended by inserting before the semicolon at the end the following: “, including such services furnished outside the clinic by clinic personnel to an eligible individual who does not reside in a permanent dwelling or does not have a fixed home or mailing address”.
(b)Effective Date.— The amendment made by subsection
(a)[42 USC 1396d note](/us/usc/t42/s1396d). shall apply to services furnished on or after January 1, 1988, without regard to whether regulations to implement such amendment are promulgated by such date. SEC. 4106. MEDICALLY NEEDY INCOME LEVELS FOR CERTAIN 2-MEMBER COUPLES IN CALIFORNIA. For purposes of section 1903(f)(1)(B) of the Social Security Act, for payments made to California on or after July 1, 1983, in the case of a family consisting only of two individuals both of whom are adults and at least one of whom is aged, blind, or disabled, the "highest amount which would ordinarily be paid to a family of the same size" under the State’s plan approved under part A of title IV of such Act shall, at California’s option, be the amount determined by the State agency to be the amount of the aid which would ordinarily be payable under such plan to a family which consists of one adult and two children and which is without any income or resources. Section 1902(a)(10)(C)(i)(III) of the Social Security Act shall not prevent California from establishing (under the previous sentence) an applicable income limitation for families described in that sentence which is greater than the income limitation applicable to other families, if California has an applicable income limitation under section 1903(f) of such Act which is equal to the maximum applicable income limitation permitted consistent with paragraph101 STAT. 1330–148 (1)(B) of such section for families other than those described in the previous sentence. **PART 2—** **OTHER PROVISIONS** SEC. 4111. INCREASING THE MAXIMUM ANNUAL MEDICAID PAYMENTS THAT MAY BE MADE TO THE COMMONWEALTHS AND TERRITORIES.
(a)In General.— Subsection
(c)of section 1108 of the Social Security Act (42 U.S.C. 1308) is amended to read as follows: " “(c) The total amount certified by the Secretary under title XIX with respect to a fiscal year for payment to— “(1) Puerto Rico shall not exceed
(A)$73,400,000 for fiscal year 1988,
(B)$76,200,000 for fiscal year 1989, and
(C)$79,000,000 for fiscal year 1990 (and each succeeding fiscal year); “(2) the Virgin Islands shall not exceed
(A)$2,430,000 for fiscal year 1988,
(B)$2,515,000 for fiscal year 1989, and
(C)$2,600,000 for fiscal year 1990 (and each succeeding fiscal year); “(3) Guam shall not exceed
(A)$2,320,000 for fiscal year 1988,
(B)$2,410,000 for fiscal year 1989, and
(C)$2,500,000 for fiscal year 1990 (and each succeeding fiscal year); “(4) the Northern Mariana Islands shall not exceed
(A)$636,700 for fiscal year 1988,
(B)$693,350 for fiscal year 1989, and
(C)$750,000 for fiscal year 1990 (and each succeeding fiscal year); and “(5) American Samoa shall not exceed
(A)$1,330,000 for fiscal year 1988,
(B)$1,390,000 for fiscal year 1989, and
(C)$1,450,000 for fiscal year 1990 (and each succeeding fiscal year).”. "
(b)Effective Date.— The amendment made by subsection (a)[42 USC 1308 note](/us/usc/t42/s1308). shall apply to payments for fiscal years beginning with fiscal year 1988. SEC. 4112. ADJUSTMENT IN MEDICAID PAYMENT FOR INPATIENT HOSPITAL SERVICES FURNISHED BY DISPROPORTIONATE SHARE HOSPITALS.
(a)Implementation of Requirement.—
(1)A State’s plan under title XIX of the Social Security Act shall not be considered to meet the requirement of section 1902(a)(13)(A) of such Act (insofar as it requires payments to hospitals to take into account the situation of hospitals which serve a disproportionate number of low income patients with special needs), as of July 1, 1988, unless the State has submitted to the Secretary of Health and Human Services, by not later than such date, an amendment to such plan that—
(A)specifically defines the hospitals so described (and includes in such definition any disproportionate share hospital described in subsection (b)(1) which meets the requirement of subsection (d)), and
(B)provides, effective for inpatient hospital services provided not later than July 1, 1988, for an appropriate increase in the rate or amount of payment for such services provided by such hospitals, consistent with subsection (c).
(A)In order to be considered to have met such requirement of section 1902(a)(13)(A) as of July 1, 1989, the State must submit to the Secretary of Health and Human Services by not later than such date, the State plan amendment described in paragraph (1), consistent with subsection (c). 101 STAT. 1330–149
(B)In order to be considered to have met such requirement of section 1902(a)(13)(A) as of July 1, 1990, the State must submit to the Secretary of Health and Human Services by not later than such date, the State plan amendment described in paragraph (1), consistent with subsection (c). The Secretary shall, not later than June 30 of each year in which the State is required to submit an amendment under this subsection, review each such amendment for compliance with such requirement and by such date shall approve or disapprove each such amendment. If the Secretary disapproves such an amendment, the State shall immediately submit a revised amendment which meets such requirement. The requirement of this subsection may not be waived under section 1915(b)(4) of the Social Security Act.
(b)Hospitals Deemed Disproportionate Share.—
(1)For purposes of subsection (a)(1), a hospital which meets the requirement of subsection
(d)is deemed to be a disproportionate share hospital if—
(A)the hospital’s medicaid inpatient utilization rate (as defined in paragraph (2)) is at least one standard deviation above the mean medicaid inpatient utilization rate for hospitals receiving medicaid payments in the State; or
(B)the hospital’s low-income utilization rate (as defined in paragraph (3)) exceeds 25 percent.
(2)For purposes of paragraph (1)(A), the term “medicaid inpatient utilization rate” means, for a hospital, a fraction (expressed as a percentage), the numerator of which is the hospital’s number of inpatient days attributable to patients who (for such days) were eligible for medical assistance under the State plan approved under title XIX of the Social Security Act in a period, and the denominator of which is the total number of the hospital’s inpatient days in that period.
(3)For purposes of paragraph (1)(B), the term “low-income utilization rate” means, for a hospital, the sum of—
(A)the fraction (expressed as a percentage)—
(i)the numerator of which is the sum (for a period) of
(I)the total revenues paid the hospital for patient services under a State plan under title XIX of the Social Security Act and
(II)the amount of the cash subsidies for patient services received directly from State and local governments, and
(ii)the denominator of which is the total amount of revenues of the hospital for patient services (including the amount of such cash subsidies) in the period; and
(B)a fraction (expressed as a percentage)—
(i)the numerator of which is the total amount of the hospital’s charges for inpatient hospital services which are attributable to charity care in a period, and
(ii)the denominator of which is the total amount of the hospital’s charges for inpatient hospital services in the hospital in the period. The numerator under subparagraph (B)(i) shall not include contractual allowances and discounts (other than for indigent patients not eligible for medical assistance under a State plan approved under title XIX of the Social Security Act).
(c)Payment Adjustment.— In order to be consistent with this subsection, a payment adjustment for a disproportionate share hospital must either— 101 STAT. 1330–150
(1)be in an amount equal to the product of
(A)the amount paid under the State plan to the hospital for operating costs for inpatient hospital services (of the kind described in section 1886(a)(4)), and
(B)the hospital’s disproportionate share adjustment percentage (established under section 1886(d)(5)(F)(iv)); or
(2)provide for a minimum specified additional payment amount (or increased percentage payment) and for an increase in such a payment amount (or percentage payment) in proportion to the percentage by which the hospital’s medicaid utilization rate (as defined in subsection (b)(2)) exceeds one standard deviation above the mean medicaid inpatient utilization rate for hospitals receiving medicaid payments in the State; except that, for purposes of paragraphs (2)(A) and (2)(B), the payment adjustment for a disproportionate share hospital is consistent with this subsection if the appropriate increase in the rate or amount of payment is equal to one-third of the increase otherwise applicable under subsection
(c)(in the case of paragraph (2)(A)) and two-thirds of such increase (in the case of paragraph (2)(B)).
(d)Requirement to 5151Copy read “to”. Qualify as Disproportionate Share Hospital.—
(1)Except as provided in paragraph (2), no hospital may be defined or deemed as a disproportionate share hospital under a State plan under title XIX of the Social Security Act or under subsection
(b)of this section unless the hospital has at least 2 obstetricians who have staff privileges at the hospital and who have agreed to provide obstetric services to individuals who are entitled to medical assistance for such services under such State plan.
(A)Paragraph
(1)shall not apply to a hospital—
(i)the inpatients of which are predominantly individuals under 18 years of age; or
(ii)which does not offer nonemergency obstetric services to the general population as of the date of the enactment of this Act.
(B)In the case of a hospital located in a rural area (as defined for purposes of section 1886 of the Social Security Act), in paragraph
(1)the term “obstetrician” includes any physician with staff privileges at the hospital to perform nonemergency obstetric procedures.
(e)Special Rule.— A State plan shall be considered to meet the requirement of section 1902(a)(13)(A) (insofar as it requires payments to hospitals to take into account the situation of hospitals which serve a disproportionate number of low income patients with special needs) without regard to the requirement of subsection
(a)if the plan provided for payment adjustments for disproportionate share hospitals as of January 1, 1984, and if the aggregate amount of the payment adjustments under the plan for such hospitals is not less than the aggregate amount of such adjustments otherwise required to be made under such subsection. SEC. 4113. HMO-RELATED PROVISIONS.
(a)Treatment of Garden State Health Plan.—
(1)Section 1903(m) of the Social Security Act (42 U.S.C.[42 USC 1396b](/us/usc/t42/s1396b). 1396(m)) is amended—
(A)by adding at the end the following new paragraph: 101 STAT. 1330–151 " “(6)
(A)For purposes of this subsection and section 1902(eX2KA), inContracts. the case of the State of New Jersey, the term ‘contract’ shall be deemed to include an undertaking by the State agency, in the State plan under this title, to operate a program meeting all requirements of this subsection. “(B) The undertaking described in subparagraph
(A)must provide— “(i) for the establishment of a separate entity responsible for the operation of a program meeting the requirements of this subsection, which entity may be a subdivision of the State agency administering the State plan under this title; “(ii) for separate accounting for the funds used to operate such program; “(iii) for setting the capitation rates and any other payment rates for services provided in accordance with this subsection using a methodology satisfactory to the Secretary designed to ensure that total Federal matching payments under this title for such services will be lower than the matching payments that would be made for the same services, if provided under the State plan on a fee for service basis to an actuarially equivalent population; and “(iv) that the State agency will contract, for purposes ofContracts. meeting the requirement under section 1902(a)(30)(C), with an organization or entity that under section 1154 reviews services provided by an eligible organization pursuant to a contract under section 1876 for the purpose of determining whether the quality of services meets professionally recognized standards of health care. “(C) The undertaking described in subparagraph
(A)shall beContracts. subject to approval (and annual re-approval) by the Secretary in the same manner as a contract under this subsection. “(D) The undertaking described in subparagraph
(A)shall not be eligible for a waiver under section 1915(b).”; and "
(B)in paragraph (2)(F), by striking all that precedes “a State plan may restrict” and inserting the following: 5252Copy read “ ‘(F)”.“(E) In the case of— 5353Copy read “(i)”. “(i) a contract with an entity described in subparagraph
(G)Contracts. or with a qualified health maintenance organization (as defined in section 1310(d) of the Public Health Service Act) which meets the requirement of subparagraph (A)(ii), or “(ii) a program pursuant to an undertaking described in paragraph
(6)in which at least 25 percent of the membership enrolled on a prepaid basis are individuals who
(I)are not insured for benefits under part B of title XVIII or eligible for benefits under this title, and
(II)(in the case of such individuals whose prepayments are made in whole or in part by any government entity) had the opportunity at the time of enrollment in the program to elect other coverage of health care costs that would have been paid in whole or in part by any governmental entity,”.
(2)Section 1902(e)(2)(A) of such Act (42 U.S.C. 1396a(e)(2)(A)) is amended by striking “section 1903(m)(2)(G)” and inserting “paragraph (2)(G) or
(6)of section 1903(m)”. 101 STAT. 1330–152
(b)Medicaid Matching Rate for Quality Review of HMO Services.—
(1)Section 1902(a)(30)(C) of such Act (42 U.S.C. 1396a(a)(30)(C)) is amended by inserting “, an entity which meets the requirements of section 1152, as determined by the Secretary,” after “title XI)”.
(2)Section 1902(d) of such Act (42 U.S.C. 1396a(d)) is amended—
(i)by inserting after “contracts with” the following: “anContracts. entity which meets the requirements of section 1152, as determined by the Secretary, for the performance of the quality review functions described in subsection (a)(30)(C), or”, and
(ii)by striking “organization (or organizations)” each place it appears and inserting “such an entity or organization”.
(3)Section 1903(a)(3)(C) of such Act (42 U.S.C. 1396b(a)(3)(C)) is amended by inserting “or by an entity which meets the requirements of section 1152, as determined by the Secretary,” after “utilization and quality control peer review organization”.
(c)Freedom of Choice.—
(1)Section 1902(a)(23) of such Act (42 U.S.C. 1396a(a)(23)) is amended—
(A)by inserting “(A)” after “Guam, provide that”, and
(B)by inserting before the semicolon at the end the following: “, and
(B)an enrollment of an individual eligible for medical assistance in a primary care case-management system (described in section 1915(b)(1)), a health maintenance organization, or a similar entity shall not restrict the choice of the qualified person from whom the individual may receive services under section 1905(a)(4)(C)”.
(2)Section 1902(e)(2)(A) of such Act (42 U.S.C. 1396a(e)(2)(A)) is amended by striking “but only” and inserting “but, except for benefits furnished under section 1905(a)(4)(C), only”.
(3)The amendments made by this subsection shall apply toEffective date.[42 USC 1396a note](/us/usc/t42/s1396a). services furnished on and after July 1, 1988.
(d)Technical Amendments.—
(1)Section 1903(m)(2)(F) of such Act (42 U.S.C. 1396b(m)(2)(F)) is amended by striking “subparagraph (G)” and inserting “subparagraphs
(E)or (G)”.
(2)Section 1902(e)(2)(A) of such Act (42 U.S.C. 1396a(e)(2)(A)) is amended by striking “section 1903(m)(2)(G)” and inserting “subparagraph (B)(iii), (E), or
(G)of section 1903(m)(2)”.
(e)Continued Eligibility and Restriction on Disenrollment Without Cause for Metropolitan Health Plan HMO.— For purposes of sections 1902(e)(2)(A) and 1903(m)(2)(F) of the Social Security Act, the Metropolitan Health Plan HMO operated by the New York City public hospitals shall be treated in the same manner as a qualified health maintenance organization (as defined in section 1310(d) of the Public Health Service Act). SEC. 4114. MEDICAID WAIVER FOR HOSPICE CARE FOR AIDS PATIENTS. Section 1905(o)(1) of the Social Security Act (42 U.S.C. 1396d(o)(1)) is amended—
(1)by inserting “(A)” after “(1)”;
(2)by striking “The” and inserting “Subject to subparagraph (B), the”; and 101 STAT. 1330–153
(3)by adding at the end the following new subparagraph: " “(B) For purposes of this title only, with respect to the definition of hospice program under section 1861(dd)(2), the Secretary may allow an agency or organization to make the assurance under subparagraph (A)(iii) of such section without taking into account any individual who is afflicted with acquired immunodeficiency syndrome.”. " SEC. 4115. STATE DEMONSTRATION PROJECTS.
(a)Extension of Arizona Health Care Demonstration Project.—
(1)Notwithstanding any limitations contained in section 1115 of the Social Security Act, but subject to paragraphs
(2)and
(3)of this subsection, the Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) upon application shall renew until September 30, 1989, approval of demonstration project number 11-P-98239/9–05 (“Arizona Health Care Cost Containment System—AHCCCS—A statewide approach to cost effective health care financing”), including all waivers granted by the Secretary under such section 1115 as of September 30, 1987.
(2)The Secretary’s renewed approval of the project under paragraph
(1)shall—
(A)subject to paragraph
(3)be on the same terms and conditions that existed between the applicant and the Secretary as of September 30, 1987; and
(B)remain in effect through September 30, 1989, unless the Secretary finds that the applicant no longer complies with such terms and conditions.
(3)Nothing in this subsection shall be construed to prohibit or require the Secretary from granting additional waivers to the applicant—
(A)for coverage of additional optional groups, and
(B)for coverage of long-term care and other services which were not covered as of September 30, 1987.
(b)New York State Pilot Program for Prenatal, Maternity, and Newborn Care.—
(1)Upon application by the State of New York and approval by the Secretary of Health and Human Services (in this subsection referred to as the “Secretary”), the State of New York (in this subsection referred to as the “State”) may conduct a demonstration project in accordance with this subsection for the purpose of testing its Prenatal/Maternity/Newborn Care Pilot Program (in this subsection referred to as the “Program”), as the Program is set forth in the Prenatal Care Act of 1987 (enacted by the State in February 1987), as an alternative to existing Federal programs.
(2)Under the demonstration project conducted under this subsection—
(A)any individual who receives benefits under the Program shall not receive any of such benefits under the plan of the State under title XIX of the Social Security Act; and
(B)the Secretary shall make payments to the State with respect to individuals receiving benefits under the Program in the same amounts as would be payable for such benefits under title XIX of the Social Security Act if such individ-101 STAT. 1330–154uals were receiving such benefits under such title (as determined by the Secretary).
(3)The Secretary may (with respect to the demonstration project under this subsection) waive compliance with any requirement contained in section 1902(a)(1), 1902(a)(10)(B), 1902(a)(17)(D), 1902(a)(23), 1902(a)(30), or 1903(f) of the Social Security Act which (if applied) would prevent the State from carrying out the project, effectively achieving its purpose, or receiving payments in accordance with paragraph (2)(B).
(4)As a condition of approval of the demonstration project under this subsection, the State shall provide assurances satisfactory to the Secretary that—
(A)the State will continue to make benefits available under title XIX of the Social Security Act to all pregnant women entitled to receive benefits under such title to the extent such benefits are not provided under the Program; and
(B)the State has in effect a quality assurance mechanism to ensure the quality and accessibility of the services furnished under the program.
(A)The demonstration project under this subsection shall be conducted for a period not to exceed three years.
(B)The Secretary shall conduct an evaluation of the demonstrationReports. project under this subsection and shall report the results of such evaluation to the Congress not later than one year after completion of the project.
(c)Waivers for Family Independence Program.— Upon approval of the demonstration project relating to the Family Independence Program in the State of Washington and with respect to such project, the Secretary of Health and Human Services shall waive compliance with any requirements of sections 1902(a)(1), 1916, and 1924 of the Social Security Act, but only to the extent necessary to enable the State to carry out the project as enacted by the State of Washington in May 1987. SEC. 4116. WAIVER AUTHORITY UNDER THE MEDICAID PROGRAM FOR THE NORTHERN MARIANA ISLANDS. [42 USC 1396b note](/us/usc/t42/s1396b). Section 1902(j) of the Social Security Act (42 U.S.C. 1396a(j)) is amended—
(1)by inserting “and the Northern Mariana Islands” after “American Samoa” the first place it appears; and
(2)by inserting “or the Northern Mariana Islands” after “American Samoa” the second place it appears. SEC. 4118. TECHNICAL AND MISCELLANEOUS AMENDMENTS.
(a)Section 2176 Waiver Technicals.—
(1)Section 1915(c)(3) of the Social Security Act (42 U.S.C. 1396n(c)(3)) is amended by striking “and section 1902(a)(10)(B) (relating to comparability)” and inserting “, section 1902(a)(10)(B) (relating to comparability), and section101 STAT. 1330–155 1902(a)(10)(C)(i)(III) (relating to income and resource rules applicable in the community)”.
(2)The amendment made by paragraph
(1)shall be effective[42 USC 1396n note](/us/usc/t42/s1396n). as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986.
(b)Increase in Number of Individuals Who May 5454Copy read “who may”. be Served Under Model Home and Community-Based Services Waivers.— Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended by adding at the end the following new paragraph: " “(10) No waiver under this subsection shall limit by an amount less than 200 the number of individuals in the State who may receive home and community-based services under such waiver.”. "
(c)Katie Beckett Technical.—
(1)Section 1902(e)(3)(C) of such Act (42 U.S.C. 1396a(e)(3)(C)) is amended by striking “to have a supplemental security income (or State supplemental) payment made with respect to him under title XVI” and inserting “for medical assistance under the State plan under this title”.
(2)The amendment made by paragraph
(1)shall be effective[42 USC 1396a note](/us/usc/t42/s1396a). as if it were included in section 134 of the Tax Equity and Fiscal Responsibility Act of 1982.
(d)Organ Transplant Technical.—
(1)Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended—
(A)in paragraph (1), by striking the period at the end and inserting “; or”, and
(B)by adding at the end the following new sentence: “Nothing in paragraph
(1)shall be construed as permitting a State to provide services under its plan under this title that are not reasonable in amount, duration, and scope to achieve their purpose.”.
(2)The amendments made by paragraph
(1)shall be effectiveEffective date.[42 USC 1396b note](/us/usc/t42/s1396b). as if included in the enactment of section 9507 of the Consolidated Omnibus Budget Reconciliation Act of 1985.
(e)Civil Money Penalty and Exclusion Clarifications.—
(1)Section 1128A(a)(1) of the Social Security Act (42 U.S.C. 1320a–7(a)(1)), as amended by section 3(a)(1) of the Medicare and Medicaid Patient and Program Protection Act of 1987 (Public Law 100–93), is amended by striking “or has reason to know”[42 USC 1320a–7a](/us/usc/t42/s1320a–7a). each place it appears and inserting “or should know”.
(2)Section 1128(d)(3)(B) of the such Act (42 U.S.C. 1320a–6(d)(3)(B)), as amended by section 2 of the Medicare and Medicaid Patient and Program Protection Act of 1987 (Public Law 100–93), is amended—
(A)by inserting “(i)” after “(B)”, and [42 USC 1320a–7](/us/usc/t42/s1320a–7).
(B)by adding at the end the following new clause: " “(ii) A State health care program may provide for a period of exclusion which is longer than the period of exclusion under a program under title XVIII.”. "
(3)The amendment made by paragraph
(1)shall apply toEffective date.[42 USC 1320a–7a note](/us/usc/t42/s1320a–7a). activities occurring before, on, or after the date of the enactment of this Act.
(f)Incorporation of Certain Provisions Relating to Indian Health Service Facilities.— 101 STAT. 1330–156
(1)Section 1911 of the Social Security Act (42 U.S.C. 1396j), as amended by section 4111(g)(8) of this title, is amended—
(A)by striking “or nursing facility” each place it appears and inserting “, nursing facility, or any other type of facility which provides services of a type otherwise covered under the State plan”; and
(B)by adding at the end the following new subsection: " “(c) The Secretary is authorized to enter into agreements with the State agency for the purpose of reimbursing such agency for health care and services provided in Indian Health Service facilities to Indians who are eligible for medical assistance under the State plan.”. 5555Subparagraph “ “(c)” indented incorrectly. "
(2)The amendments made by paragraph
(1)shall apply toEffective date.[42 USC 1396j note](/us/usc/t42/s1396j). health care services performed on or after the date of the enactment of this Act.
(g)Frail Elderly Demonstration Project Waivers.—
(1)Section 9412(b)(2) of the Omnibus Budget Reconciliation Act of 1986 is amended—[100 Stat. 2063.](/us/stat/100/2063)
(A)in subparagraph (A), by inserting before the period at the end the following: “, including permitting the organization to assume progressively (over the initial 3-year period of the waiver) the full financial risk”, and
(B)in subparagraph (B), by striking “be awarded a grant from the Robert Wood Johnson Foundation” and insert “participate in an organized initiative to replicate the findings of the On Lok long-term care demonstration project (described in section 603(c)(1) of the Social Security Amendments of 1983)”.
(2)The amendments made by paragraph
(1)shall take effectEffective date. as though it were included in the Omnibus Budget Reconciliation Act of 1986.
(h)Medically Needy Incurred Expenses.
(1)Section 1902(a)(17) of the Social Security Act (42 U.S.C. 1396a(a)(17)) is amended by striking “(whether in the form of insurance premiums or otherwise)” and inserting “(whether in the form of insurance premiums or otherwise and regardless of whether such costs are reimbursed under another public program of the State or political subdivision thereof)”.
(2)The amendment made by paragraph
(1)shall apply to costsEffective date.[42 USC 1396a note](/us/usc/t42/s1396a). incurred after the date of the enactment of this Act.
(i)Qualifications for Case Managers for Individuals With Development Disabilities and Chronic Mental Illness.—
(1)Section 1915(g)(1) of such Act (42 U.S.C. 1396n(g)(l)) is amended by adding at the end the following new sentence: “The State may limit the case managers available with respect to case management services for eligible individuals with developmental disabilities or with chronic mental illness in order to ensure that the case managers for such individuals are capable of ensuring that such individuals receive needed services.”.
(2)The amendment made by paragraph
(1)shall take effect asEffective date.[42 USC 1396n note](/us/usc/t42/s1396n). though it were included in the enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985.
(j)Habilitation Services Effective Date.— Effective as if included[42 USC 1396n note](/us/usc/t42/s1396n). in the enactment of section 9502 of the Consolidated Omni-101 STAT. 1330–157bus Budget Reconciliation Act of 1985, subsection (j)(1) of such section is amended by inserting before the period at the end the following: “to individuals eligible for services under a waiver granted under section 1915(c) of the Social Security Act, without regard to whether such individuals were receiving institutional services before their participation in the waiver”.
(k)Section 2176 Waiver for Institutionalized Developmentally Disabled.— Section 1915(c)(7) of the Social Security Act (42 U.S.C. 1396n(c)(7)) is amended by inserting “(A)” after “(7)” and adding at the end the following new subparagraph: " “(B) In making estimates under paragraph (2)(D) in the case of a waiver that applies only to individuals with developmental disabilities who are inpatients in a skilled nursing facility or intermediate care facility and whom the State has determined, on the basis of an evaluation under paragraph (2)(B), to need the level of services provided by an intermediate care facility for the mentally retarded, the State may determine the average per capita expenditures that would have been made in a fiscal year for those individuals under the State plan on the basis of the average per capita expenditures under the State plan for services to individuals who are inpatients in an intermediate care facility for the mentally retarded.”. "
(l)Renewal of Freedom-Of-Choice Waivers.—
(1)Section 1915(h) of such Act (42 U.S.C. 1396n(h)) is amended by striking “denies such request in writing within 90 days after the date of its submission to the Secretary.” and inserting “, within 90 days after the date of its submission to the Secretary, either denies such request in writing or informs the State agency in writing with respect to any additional information which is needed in order to make a final determination with respect to the request. After the date the Secretary receives such additional information, the request shall be deemed granted unless the Secretary, within 90 day of such date, denies such request.”.
(2)The amendment made by paragraph
(1)shall apply toEffective date.[42 USC 1396n note](/us/usc/t42/s1396n). requests for continuation of waivers received after the date of the enactment of this Act.
(m)Repeal of Coordinated Audit Requirement.—
(A)Section 1129 of such Act (42 U.S.C. 1320a–8) is repealed.
(B)Section 1902(a)(42) of such Act (42 U.S.C. 1396a(a)(42)) is amended—
(i)by striking “(A)”, and
(ii)by striking “, (B)” and all that follows up to the semicolon at the end.
(2)The amendments made by paragraph
(1)shall apply toEffective date.[42 USC 1396a note](/us/usc/t42/s1396a). audits conducted after the date of the enactment of this Act.
(n)Temporary Technical Error Definition.— For purposes of [42 USC 1396b note](/us/usc/t42/s1396b). section 1903(u)(1)(E)(ii) of the Social Security Act, effective for the period beginning on the date of enactment of this Act and ending December 31, 1988, a “technical error” 5656Copy read “ ‘technical error’ ”. is an error in eligibility condition (such as assignment of social security numbers and assignment of rights to third-party benefits as a condition of eligibility) that, if corrected, would not result in a difference in the amount of medical assistance paid. 101 STAT. 1330–158
(o)Technical Amendments Relating to New Jersey Respite Care Pilot Project.—
(1)Section 9414(b) of the Omnibus Budget Reconciliation Act of 1986 is amended—[100 Stat. 2064](/us/stat/100/2064).
(A)by redesignating paragraphs (2), (3), and (4), as paragraphs (3), (4), and (5), respectively,
(B)by inserting after paragraph
(1)the following new paragraph: " “(2) provide that the State may submit a detailed proposal describing the project (in lieu of a formal request for the waiver of applicable provisions of title XIX of the Social Security Act) and that submission of such a description by the State will be treated as such a request for purposes of subsection (g),”, and "
(C)in paragraph (3), as redesignated by 56a56aCopy read “by by”. paragraph
(1)of this subsection, by striking “if the project” and all that follows through “Act” the second place it appears and inserting “the State shall utilize a post-eligibility cost-sharing formula based on the available income of participants with income in excess of the nonfarm income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981)”.
(A)Section 9414(a) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking “elderly and disabled individuals” and inserting “eligible individuals”.
(B)Section 941(c) of the Omnibus Budget Reconciliation Act of 1986 is amended to read as follows: " “(C) Definitions.— For purposes of this section— “(1) the term ‘eligible individual’ means an individual— “(A) who is elderly or disabled, “(B)
(i)whose income (not including the income of the spouse or family of the individual) does not exceed 300 percent of the amount in effect under section 1611(a)(1)(A) of the Social Security Act (as increased pursuant to section 1617 of such Act), or “(ii) in the case of an individual and spouse who are both dependent on a caregiver, whose combined incomes do not exceed such amount, “(C) whose liquid resources (as declared by the individual) do not exceed $40,000, “(D) who is at risk of institutionalization unless the individual’s caregiver is provided with respite care, and “(E) who has been determined to meet the requirements of subparagraphs
(A)through
(D)in accordance with an application process designed by the State; and “(2) the term ‘respite care services’ shall include— “(A) short-term and intermittent— “(i) companion or sitter services (paid as well as volunteer), “(ii) homemaker and personal care-services, “(iii) adult day care, and “(iv) inpatient care in a hospital, a skilled nursing facility, or an intermediate care facility (not to exceed a total of 14 days for any individual), and “(B) peer support and training for family caregivers (using informal support groups and organized counseling).”. " 101 STAT. 1330–159
(3)Section 9414(g) of the Omnibus Budget Reconciliation Act of 1986 is amended by inserting “section 1902(a)(10)(C)(i)(III),”[100 Stat. 2064](/us/stat/100/2064). after “section 1902(a)(10)(B),”.
(4)The amendments made by this subsection shall be effectiveEffective date. as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986.
(p)Miscellaneous Technical Corrections.—
(1)Subclause
(IX)of section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended by moving it 4 ems to the right so as to align its left margin with that of subclause
(VIII)of that section.
(2)Subclause
(X)of section 1902(a)(10)(A)(ii) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended by moving it 2 ems to the right so as to align its left margin with that of subclause
(VIII)of that section.
(3)Section 1902(a)(17) of such Act (42 U.S.C. 1396a(a)(17)) is amended by striking “subsection (1)(3)” and inserting “subsections (1)(3), (m)(4), and (m)(5)”.
(4)Section 1902(a)(30)(C) of such Act (42 U.S.C. 1396(a)(30)(C)) [42 USC 1396a](/us/usc/t42/s1396a). is amended by striking “provide” and inserting “use”.
(5)Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting “, 1902(a)(10)(A)(ii)(X), or 1905(p)(1)” after “1902(a)(10)(A)(ii)(IX)”.
(6)Paragraph
(9)of section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by moving the paragraph 2 ems to the left so as to align the left margin of subparagraph
(A)(before clause (i)) and subparagraphs
(B)and
(C)with the left margin of paragraph (8).
(7)Section 1902(1)(1) of such Act (42 U.S.C. 1396a(1)(1)) is amended—
(A)by striking “(1)(1) Individuals” and inserting “(1)(1) Individuals”,
(B)by moving the matter before subparagraph
(A)2 ems to the left so it is indented only once, and
(C)by striking “, whose” and inserting “and whose”.
(8)Sections 1902(1)(2), 1902(m)(2)(A), 1905(p)(2)(A), and 501(b)(2) of such Act (42 U.S.C. 1396a(1)(2), 1396a(m)(2)(A), 1396d(p)(2)(A), 701(b)(2)) are each amended by striking “nonfarm”.
(9)Paragraphs
(1)and
(2)of section 1925(a), as redesignated by section (4111(a)) of this title, are amended to read as follows:[42 USC 1396s](/us/usc/t42/s1396s). " “(1) AFDC.—
(A)Section 402(a)(32) of this Act (relating to individuals who are deemed recipients of aid but for whom a payment is not made). “(B) Section 402(a)(37) of this Act (relating to individuals who lose AFDC eligibility due to increased earnings). “(C) Section 406(h) of this Act (relating to individuals who lose AFDC eligibility due to increased collection of child or spousal support). “(D) Section 414(g) of this Act (relating to certain individuals participating in work supplementation programs). “(2) SSI.—
(A)Section 1611(e) of this Act (relating to treatment of couples sharing an accommodation in a facility). “(B) Section 1619 of this Act (relating to benefits for individuals who perform substantial gainful activity despite severe medical impairment). “(C) Section 1634(b) of this Act (relating to preservation of benefit status for disabled widows and widowers who lost SSI101 STAT. 1330–160 benefits because of 1983 changes in actuarial reduction formula). “(D) Section 1634(c) of this Act (relating to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits under section 202(d) of this Act).”. "
(10)Effective as if included in the enactment of the OmnibusEffective date.[42 USC 1396n](/us/usc/t42/s1396n). Budget Reconciliation Act of 1986, section 9411(a)(2)(B) of such Act is amended by inserting “such” after “need for”. Subtitle C— Nursing Home Reform **PART 1—** **MEDICARE PROGRAM** SEC. 4201. REQUIREMENTS FOR SKILLED NURSING FACILITIES.
(a)Specification of Facility Requirements.— Title XVIII of the Social Security Act is amended—
(1)by amending subsection
(j)of section 1861 (42 U.S.C. 1395x) to read as follows: “Skilled Nursing Facility “(j) The term ‘skilled nursing facility’ has the meaning given such term in section 1819(a).”;
(2)by adding at the end of section 1864 (42 U.S.C. 1395aa) the following new subsection: " “(d) The Secretary may not enter an agreement under this sectionContracts. with a State with respect to determining whether an institution therein is a skilled nursing facility unless the State meets the requirements specified in section 1819(e).”; and "
(3)by adding at the end of part A the following new section: " “requirements for, and assuring quality of care in, skilled nursing facilities “Sec. 1819.
(a)Skilled Nursing Facility Defined.— In this title,[42 USC 1395i–3](/us/usc/t42/s1395i–3). the term ‘skilled nursing facility’ means an institution (or a distinct part of an institution) which— “(1) is primarily engaged in providing to residents— “(A) skilled nursing care and related services for residents who require medical or nursing care, or “(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons, and is not primarily for the care and treatment of mental diseases; “(2) has in effect a transfer agreement (meeting the requirements of section 1861(1)) with one or more hospitals having agreements in effect under section 1866; and “(3) meets the requirements for a skilled nursing facility described in subsections (b), (c), and
(d)of this section. “(b) Requirements Relating to Provision of Services.— “(1) Quality of life.— “(A) In general.— A skilled nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident, 101 STAT. 1330–161 “(B) Quality assessment and assurance.— A skilled nursing facility must maintain a quality assessment and assurance committee, consisting of the director of nursing services, a physician designated by the facility, and at least 3 other members of the facility’s staff, which
(i)meets at least quarterly to identify issues with respect to which quality assessment and assurance activities are necessary and
(ii)develops and implements appropriate plans of action to correct identified quality deficiencies. “(2) Scope of services and activities under plan of care.— A skilled nursing facility must provide services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident, in accordance with a written plan of care which— “(A) describes the medical, nursing, and psychosocial needs of the resident and how such needs will be met; “(B) is initially prepared, with the participation to the extent practicable of the resident or the resident’s family or legal representative, by a team which includes the resident’s attending physician and a registered professional nurse with responsibility for the resident; and “(C) is periodically reviewed and revised by such team after each assessment under paragraph (3). “(3) Residents’ assessment.— “(A) Requirement.— A skilled nursing facility must conduct a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity, which assessment— “(i) describes the resident’s capability to perform daily life functions and significant impairments in functional capacity; “(ii) is based on a uniform minimum data set specified by the Secretary under subsection (f)(6)(A); “(iii) in the case of a resident eligible for benefits under title XIX, uses an instrument which is specified by the State under subsection (e)(5); and “(iv) in the case of a resident eligible for benefits under part A of this title, includes the identification of medical problems. “(B) Certification.— “(i) In general.— Each such assessment must be conducted or coordinated (with the appropriate participation of health professionals) by a registered professional nurse who signs and certifies the completion of the assessment. Each individual who completes a portion of such an assessment shall sign and certify as to the accuracy of that portion of the assessment. “(ii) Penalty for falsification.— “(I) An individual who willfully and knowingly certifies under clause
(i)a material and false statement in a resident assessment is subject to a civil money penalty of not more than $1,000 with respect to each assessment. “(II) An individual who willfully and knowingly causes another individual to certify under clause
(i)a material and false statement in a resident assess-101 STAT. 1330–162ment is subject to a civil money penalty of not more than $5,000 with respect to each assessment. “(III) The Secretary shall provide for imposition of civil money penalties under this clause in a manner similar to that for the imposition of civil money penalties under section 1128A. “(iii) Use of independent assessors.— If a State determines, under a survey under subsection
(g)or otherwise, that there has been a knowing and willful certification of false assessments under this paragraph, the State may require (for a period specified by the State) that resident assessments under this paragraph be conducted and certified by individuals who are independent of the facility and who are approved by the State. “(C) Frequency.— “(i) In general.— Such an assessment must be conducted— “(I) promptly upon (but no later than 4 days after the date of) admission for each individual admitted on or after October 1, 1990, and by not later than October 1, 1990, for each resident of the facility on that date; “(II) promptly after a significant change in the resident’s physical or mental condition; and “(III) in no case less often than once every 12 months. “(ii) Resident review.— The skilled nursing facility must examine each resident no less frequently than once every 3 months and, as appropriate, revise the resident’s assessment to assure the continuing accuracy of the assessment. “(D) Use.— The results of such an assessment shall be used in developing, reviewing, and revising the resident’s plan of care under paragraph (2). “(E) Coordination.— Such assessments shall be coordinated with any State-required pre-admission screening program to the maximum extent practicable in order to avoid duplicative testing and effort. “(4) Provision of services and activities.— “(A) In general.— To the extent needed to fulfill all plans of care described in paragraph (2), a skilled nursing facility must provide, directly or under arrangements (or, with respect to dental services, under agreements) with others for the provision of— “(i) nursing services and specialized rehabilitative services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident; “(ii) medically-related social services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident; “(iii) pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all drugs and biologicals) to meet the needs of each resident; 101 STAT. 1330–163 “(iv) dietary services that assure that the meals meet the daily nutritional and special dietary needs of each resident; “(v) an on-going program, directed by a qualified professional, of activities designed to meet the interests and the physical, mental, and psychosocial well-being of each resident; and “(vi) routine and emergency dental services to meet the needs of each resident. The services provided or arranged by the facility must meet professional standards of quality. Nothing in clause
(vi)shall be construed as requiring a facility to provide or arrange for dental services described in that clause without additional charge. “(B) Qualified persons providing services.— Services described in clauses (i), (ii), (iii), (iv), and
(vi)of subparagraph
(A)must be provided by qualified persons in accordance with each resident’s written plan of care. “(C) Required nursing care.— “(i) In general.— Except as provided in clause (ii), a skilled nursing facility must provide 24-hour nursing service which is sufficient to meet nursing needs of its residents and must employ the services of a registered professional nurse at least during the day tour of duty (of at least 8 hours a day) 7 days a week. “(ii) Exception.— To the extent that clause
(i)may be deemed to require that a skilled nursing facility engage the services of a registered professional nurse for more than 40 hours a week, the Secretary is authorized to waive such requirement if the Secretary finds that— “(I) the facility is located in a rural area and the supply of skilled nursing facility services in such area is not sufficient to meet the needs of individuals residing therein, “(II) the facility has one full-time registered professional nurse who is regularly on duty at such facility 40 hours a week, and “(III) the facility either has only patients whose physicians have indicated (through physicians’ orders or admission notes) that each such patient does not require the services of a registered nurse or a physician for a 48-hour period, or has made arrangements for a registered professional nurse or a physician to spend such time at such facility as may be indicated as necessary by the physician to provide necessary skilled nursing services on days when the regular full-time registered professional nurse is not on duty. A waiver under this subparagraph shall be subject to annual renewal. “(5) Required training of nurse aides.— “(A) In general.— A skilled nursing facility must not use (on a full-time, temporary, per diem, or other basis) any individual, who is not a licensed health professional (as defined in subparagraph (E)), as a nurse aide in the facility on or after October 1, 1989, (or January 1, 1990, in the case of an individual used by the facility as a nurse aide before101 STAT. 1330–164 July 1, 1989) for more than 4 months unless the individual— “(i) has completed a training and competency evaluation program, or a competency evaluation program, approved by the State under subsection (e)(1)(A), and “(ii) is competent to provide such services. “(B) Offering competency evaluation programs for current employees.— A skilled nursing facility must provide, for individuals used as a nurse aide by the facility as of July 1, 1989, for a competency evaluation program approved by the State under subsection (e)(1) and such preparation as may be necessary for the individual to complete such a program by January 1, 1990. “(C) Competency.— The skilled nursing facility must not permit an individual, other than in a training and competency evaluation program approved by the State, to serve as a nurse aide or provide services of a type for which the individual has not demonstrated competency and must not use such an individual as a nurse aide unless the facility has inquired of the State registry established under subsection (e)(2)(A) as to information in the registry concerning the individual. “(D) Re-training required.— For purposes of subpagraph (A), if, since an individual’s most recent completion of a training and competency evaluation program, there has been a continuous period of 24 consecutive months during none of which the individual performed nursing or nursing-related services for monetary compensation, such individual shall complete a new training and competency evaluation program. “(E) Regular in-service education.— The skilled nursing facility must provide such regular performance review and regular in-service education as assures that individuals used as nurse aides are competent to perform services as nurse aides, including training for individuals providing nursing and nursing-related services to residents with cognitive impairments. “(F) Nurse aide defined.— In this paragraph, the term ‘nurse aide’ means any individual providing nursing or nursing-related services to residents in a skilled nursing facility, but does not include an individual— “(i) who is a licensed health professional (as defined in subparagraph (G)), or “(ii) who volunteers to provide such services without monetary compensation. “(G) Licensed health professional defined.— In this paragraph, the term ‘licensed health professional’ means a physician, physician assistant, nurse practitioner, physical, speech, or occupational therapist, registered professional nurse, licensed practical nurse, or licensed or certified social worker. “(6) Physician supervision and clinical records.— A skilled nursing facility must— “(A) require that the medical care of every resident be provided under the supervision of a physician; “(B) provide for having a physician available to furnish necessary medical care in case of emergency; and 101 STAT. 1330–165 “(C) maintain clinical records on all residents, which records include the plans of care (described in paragraph (2)) and the residents’ assessments (described in paragraph (3)). “(7) Required social services.— In the case of a skilled nursing facility with more than 120 beds, the facility must have at least one social worker (with at least a bachelor’s degree in social work or similar professional qualifications) employed fulltime to provide or assure the provision of social services. “(c) Requirements Relating to Residents’ Rights.— “(1) General rights.— “(A) Specified rights.— A skilled nursing facility must protect and promote the rights of each resident, including each of the following rights: " “(i) Free choice.— The right to choose a personal attending physician, to be fully informed in advance about care and treatment, to be fully informed in advance of any changes in care or treatment that may affect the resident’s well-being, and (except with respect to a resident adjudged incompetent) to participate in planning care and treatment or changes in care and treatment. “(ii) Free from restraints.— The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident’s medical symptoms. Restraints may only be imposed— “(I) to ensure the physical safety of the resident or other residents, and “(II) only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary) until such an order could reasonably be obtained. “(iii) Privacy.— The right to privacy with regard to accommodations, medical treatment, written and telephonic communications, visits, and meetings of family and of resident groups. “(iv) Confidentiality.— The right to confidentiality of personal and clinical records. “(v) Accommodation of needs.— The right— “(I) to reside and receive services with reasonable accommodations of individual needs and preferences, except where the health or safety of the individual or other residents would be endangered, and “(II) to receive notice before the room or room-mate of the resident in the facility is changed, “(vi) Grievances.— The right to voice grievances with respect to treatment or care that is (or fails to be) furnished, without discrimination or reprisal for voicing the grievances and the right to prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residents. 101 STAT. 1330–166 “(vii) Participation in resident and family groups.— The right of the resident to organize and participate in resident groups in the facility and the right of the resident’s family to meet in the facility with the families of other residents in the facility. 5757Copy read “ “(ix)”.“(viii) Participation in other activities.— The right of the resident to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility. 5858Copy read “ “(x)”.“(ix) Examination of survey results.— The right to examine, upon reasonable request, the results of the most recent survey of the facility conducted by the Secretary or a State with respect to the facility and any plan of correction in effect with respect to the facility. 5959Copy read “ “(xi)”.“(x) Other rights.— Any other right established by the Secretary. Clause
(iii)shall not be construed as requiring the provision of a private room. " “(B) Notice of rights and services.— A skilled nursing facility must— “(i) inform each resident, orally and in writing at the time of admission to the facility, of the resident’s legal rights during the stay at the facility; “(ii) make available to each resident, upon reasonable request, a written statement of such rights (which statement is updated upon changes in such rights); and “(iii) inform each other resident, in writing before or at the time of admission and periodically during the resident’s stay, of services available in the facility and of related charges for such services, including any charges for services not covered under this title or by the facility’s basic per diem charge. The written description of legal rights under this subparagraph shall include a description of the protection of personal funds under paragraph
(6)and a statement that a resident may file a complaint with a State survey and certification agency respecting resident abuse and neglect and misappropriation of resident property in the facility. “(C) Rights of incompetent residents.— In the case of a resident adjudged incompetent under the laws of a State, the rights of the resident under this title shall devolve upon, and, to the extent judged necessary by a court of competent jurisdiction, be exercised by, the person appointed under State law to act on the resident’s behalf. “(2) Transfer and discharge rights.— “(A) In general.— A skilled nursing facility must permit each resident to remain in the facility and must not transfer or discharge the resident from the facility unless— “(i) the transfer or discharge is necessary to meet the resident’s welfare and the resident’s welfare cannot be met in the facility; “(ii) the transfer or discharge is appropriate because the resident’s health has improved sufficiently so the101 STAT. 1330–167 resident no longer needs the services provided by the facility; “(iii) the safety of individuals in the facility is endangered; “(iv) the health of individuals in the facility would otherwise be endangered; “(v) the resident has failed, after reasonable and appropriate notice, to pay (or to have paid under this title or title XIX on the resident’s behalf) an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with this title and title XIX; or “(vi) the facility ceases to operate. In each of the cases described in clauses
(i)through (v), the basis for the transfer or discharge must be documented in the resident’s clinical record. In the cases described in clauses
(i)and (ii), the documentation must be made by the resident’s physician, and in the cases described in clauses
(iii)and
(iv)the documentation must be made by a physician. “(B) Pre-transfer and pre-discharge notice.— “(i) In general.— Before effecting a transfer or discharge of a resident, a skilled nursing facility must— “(I) notify the resident (and, if known, a family member of the resident or legal representative) of the transfer or discharge and the reasons therefor, “(II) record the reasons in the resident’s clinical record (including any documentation required under subparagraph (A)), and “(III) include in the notice the items described in clause (iii). “(ii) Timing of notice.— The notice under clause (i)(I) must be made at least 30 days in advance of the resident’s transfer or discharge except— “(I) in a case described in clause
(iii)or
(iv)of subparagraph (A); “(II) in a case described in clause
(ii)of subparagraph (A), where the resident’s health improves sufficiently to allow a more immediate transfer or discharge; “(III) in a case described in clause
(i)of subparagraph (A), where a more immediate transfer or discharge is necessitated by the resident’s urgent medical needs; or “(IV) in a case where a resident has not resided in the facility for 30 days. In the case of such exceptions, notice must be given as many days before the date of the transfer or discharge as is practicable. “(iii) Items included in notice.— Each notice under clause
(i)must include— “(I) for transfers or discharges effected on or after October 1, 1990, notice of the resident’s right to appeal the transfer or discharge under the State process established under subsection (e)(3); and “(II) the name, mailing address, and telephone number of the State long-term care ombudsman101 STAT. 1330–168(established under section 307(a)(12) of the Older Americans Act of 1965). “(C) Orientation.— A skilled nursing facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility. “(3) Access and visitation rights.— A skilled nursing facility must— “(A) permit immediate access to any resident by any representative of the Secretary, by any representative of the State, by an ombudsman described in paragraph (2)(B)(iii)(II), or by the resident’s individual physician; “(B) permit immediate access to a resident, subject to the resident’s right to deny or withdraw consent at any time, by immediate family or other relatives of the resident; “(C) permit immediate access to a resident, subject to reasonable restrictions and the resident’s right to deny or withdraw consent at any time, by others who are visiting with the consent of the resident; “(D) permit reasonable access to a resident by any entity or individual that provides health, social, legal, or other services to the resident, subject to the resident’s right to deny or withdraw consent at any time; and “(E) permit representatives of the State ombudsman (described in paragraph (2)(B)(iii)(II)), with the permission of the resident (or the resident’s legal representative) and consistent with State law, to examine a resident’s clinical records. “(4) Equal access to quality care.— A skilled nursing facility must establish and maintain identical policies and practices regarding transfer, discharge, and covered services under this title for all individuals regardless of source of payment. “(5) Admissions policy.— “(A) Admissions.— With respect to admissions practices, a skilled nursing facility must— “(i)
(I)not require individuals applying to reside or residing in the facility to waive their rights to benefits under this title or under a State plan under title XIX,
(II)not require oral or written assurance that such individuals are not eligible for, or will not apply for, benefits under this title or such a State plan, and
(III)prominently display in the facility and provide to such individuals written information about how to apply for and use such benefits and how to receive refunds for previous payments covered by such benefits; and “(ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility. “(B) Construction.— “(i) No preemption of stricter standards.— Subparagraph
(A)shall not be construed as preventing States or political subdivisions therein from prohibiting, under State or local law, the discrimination against individuals who are entitled to medical assistance under this title with respect to admissions practices of skilled nursing facilities. 101 STAT. 1330–169 “(ii) Contracts with legal representatives.— Subparagraph (A)(ii) shall not be construed as preventing a facility from requiring an individual, who has legal access to a resident’s income or resources available to pay for care in the facility, to sign a contract (without incurring personal financial liability) to provide payment from the resident’s income or resources for such care. “(6) Protection op resident funds.— “(A) In general.— The skilled nursing facility— “(i) may not require residents to deposit their personal funds with the facility, and “(ii) once the facility accepts the written authorization of the resident, must hold, safeguard, and account for such personal funds under a system established and maintained by the facility in accordance with this paragraph. “(B) Management of personal funds.— Upon a facility’s acceptance of written authorization of a resident under subparagraph (A)(ii), the facility must manage and account for the personal funds of the resident deposited with the facility as follows: " “(i) Deposit.— The facility must deposit any amount of personal funds in excess of $50 with respect to a resident in an interest bearing account (or accounts) that is separate from any of the facility’s operating accounts and credits all interest earned on such separate account to such account. With respect to any other personal funds, the facility must maintain such funds in a non-interest bearing account or petty cash fund. “(ii) Accounting and records.— The facility must assure a full and complete separate accounting of each such resident’s personal funds, maintain a written record of all financial transactions involving the personal funds of a resident deposited with the facility, and afford the resident (or a legal representative of the resident) reasonable access to such record. “(iii) Conveyance upon death.— Upon the death of a resident with such an account, the facility must convey promptly the resident’s personal funds (and a final accounting of such funds) to the individual administering the resident’s estate. " “(C) Assurance of financial security.— The facility must purchase a surety bond, or otherwise provide assurance satisfactory to the Secretary, to assure the security of all personal funds of residents deposited with the facility. “(D) Limitation on charges to personal funds.— The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under this title or title XIX. “(d) Requirements Relating to Administration and Other Matters.— “(1) Administration.— “(A) In general.— A skilled nursing facility must be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical mental, and psychosocial well-101 STAT. 1330–170being of each resident (consistent with requirements established under subsection (f)(5)). “(B) Required notices.— If a change occurs in— “(i) the persons with an ownership or control interest (as defined in section 1124(a)(3)) in the facility, “(ii) the persons who are officers, directors, agents, or managing employees (as defined in section 1126(b)) of the facility, “(iii) the corporation, association, or other company responsible for the management of the facility, or “(iv) the individual who is the administrator or director of nursing of the facility, the skilled nursing facility must provide notice to the State agency responsible for the licensing of the facility, at the time of the change, of the change and of the identity of each new person, company, or individual described in the respective clause. “(C) Skilled nursing facility administrator.— The administrator of a skilled nursing facility must meet standards established by the Secretary under subsection (f)(4). “(2) Licensing and life safety code.— “(A) Licensing.— A skilled nursing facility must be licensed under applicable State and local law. “(B) Life safety code.— A skilled nursing facility must meet such provisions of such edition (as specified by the Secretary in regulation) of the Life Safety Code of the National Fire Protection Association as are applicable to nursing homes; except that— “(i) the Secretary may waive, for such periods as he deems appropriate, specific provisions of such Code which if rigidly applied would result in unreasonable hardship upon a facility, but only if such waiver would not adversely affect the health and safety of residents or personnel, and “(ii) the provisions of such Code shall not apply in any State if the Secretary finds that in such State there is in effect a fire and safety code, imposed by State law, which adequately protects residents of and personnel in skilled nursing facilities. “(3) Sanitary and infection control and physical environment.— A skilled nursing facility must— “(A) establish and maintain an infection control program designed to provide a safe, sanitary, and comfortable environment in which residents reside and to help prevent the development and transmission of disease and infection, and “(B) be designed, constructed, equipped, and maintained in a manner to protect the health and safety of residents, personnel, and the general public. “(4) Miscellaneous.— “(A) Compliance with federal, state, and local laws and professional standards.— A skilled nursing facility must operate and provide services in compliance with all applicable Federal, State, and local laws and regulations (including the requirements of section 59a59aCopy read “sections”. 1124) and with accepted professional standards and principles which apply to professionals providing services in such a facility. 101 STAT. 1330–171 “(B) Other.— A skilled nursing facility must meet such other requirements relating to the health, safety, and wellbeing of residents or relating to the physical facilities thereof as the Secretary may find necessary. “(e) State Requirements Relating to Skilled Nursing Facility Requirements.— The requirements, referred to in section 1864(d), with respect to a State are as follows: " “(1) Specification and review of nurse aide training and competency evaluation programs and of nurse aide competency evaluation programs.— The State must— “(A) by not later than March 1, 1989, specify those training and competency evaluation programs, and those competency evaluation programs, that the State approves for purposes of subsection (b)(5) and that meet the requirements established under clause
(i)or
(ii)of subsection (f)(2)(A), and “(B) by not later than March 1, 1990, provide for the review and reapproval of such programs, at a frequency and using a methodology consistent with the requirements established under subsection (f)(2)(A)(iii). The failure of the Secretary to establish requirements under subsection (f)(2) shall not relieve any State of its responsibility under this paragraph. “(2) Nurse aide registry.— “(A) In general.— By not later than March 1, 1989, the State shall establish and maintain a registry of all individuals who have satisfactorily completed a nurse aide training and competency evaluation program, or a nurse aide competency evaluation program, approved under paragraph
(1)in the State. “(B) Information in registry.— The registry under subparagraph
(A)shall provide (in accordance with regulations of the Secretary) for the inclusion of specific documented findings by a State under subsection (g)(1)(C) of resident neglect or abuse or misappropriation of resident property involving an individual listed in the registry, as well as any brief statement of the individual disputing the findings. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding shall also include disclosure of any such statement in the registry relating to the finding or a clear and accurate summary of such a statement. “(3) State appeals process for transfers.— The State, for transfers from skilled nursing facilities effected on or after October 1, 1990, must provide for a fair mechanism for hearing appeals on transfers of residents of such facilities. Such mechanism must meet the guidelines established by the Secretary under subsection (f)(3); but the failure of the Secretary to establish such guidelines shall not relieve any State of its responsibility to provide for such a fair mechanism. “(4) Skilled nursing facility administrator standards.— By not later than January 1, 1990, the State must have implemented and enforced the skilled nursing facility administrator standards developed under subsection (f)(4) respecting the qualification of administrators of skilled nursing facilities. 101 STAT. 1330–172 “(5) Specification of resident assessment instrument.— Effective July 1, 1989, the State shall specify the instrument to be used by nursing facilities in the State in complying with the requirement of subsection (b)(3)(A)(iii). Such instrument shall be— “(A) one of the instruments designated under subsection (f)(6)(B), or “(B) an instrument which the Secretary has approved as being consistent with the minimum data set of core elements, common definitions, and utilization guidelines specified by the Secretary under subsection (f)(6)(A). " “(f) Responsibiuties of Secretary Relating to Skilled Nursing Facility Requirements.— “(1) General responsibility.— It is the duty and responsibility of the Secretary to assure that requirements which govern the provision of care in skilled nursing facilities under this title, and the enforcement of such requirements, are adequate to protect the health, safety, welfare, and rights of residents and to promote the effective and efficient use of public moneys. “(2) Requirements for nurse aide training and competency evaluation programs and for nurse aide competency evaluation programs.— “(A) In general.— For purposes of subsections (b)(5) and (e)(1)(A), the Secretary shall establish, by not later than September 1, 1988— “(i) requirements for the approval of nurse aide training and competency evaluation programs, including requirements relating to
(I)the areas to be covered in such a program (including at least basic nursing skills, personal care skills, cognitive, behavioral and social care, basic restorative services, and residents’ rights), content of the curriculum,
(II)minimum hours of initial and ongoing training and retraining (including not less than 75 hours in the case of initial training),
(III)qualifications of instructors, and
(IV)procedures for determination of competency; “(ii) requirements for the approval of nurse aide competency evaluation programs, including requirement relating to the areas to be covered in such a program, including at least basic nursing skills, personal care skills, cognitive, behavioral and social care, basic restorative services, residents’ rights, and procedures for determination of competency; and “(iii) requirements respecting the minimum frequency and methodology to be used by a State in reviewing such programs compliance with the requirements for such programs. “(B) Approval of certain programs.— Such requirements— “(i) may permit approval of programs offered by or in facilities, as well as outside facilities (including employee organizations), and of programs in effect on the date of the enactment of this section; “(ii) shall permit a State to find that an individual who has completed (before July 1, 1989) a nurse aide training and competency evaluation program shall be deemed to have completed such a program approved101 STAT. 1330–173 under subsection (b)(5) if the State determines that, at the time the program was offered, the program met the requirements for approval under such paragraph; and “(iii) shall prohibit approval of such a program— “(I) offered by or in a skilled nursing facility which has been determined to be out of compliance with the requirements of subsection (b), (c), or (d), within the previous 2 years, or “(II) offered by or in a skilled nursing facility unless the State makes the determination, upon an individual’s completion of the program, that the individual is competent to provide nursing and nursing-related services in skilled nursing facilities. A State may not delegate its responsibility under clause (iii)(II) to the skilled nursing facility. “(3) Federal guidelines for state appeals process for transfers.— For purposes of subsections (c)(2)(B)(iii)(I) and (e)(3), by not later than October 1, 1989, the Secretary shall establish guidelines for minimum standards which State appeals processes under subsection (e)(3) must meet to provide a fair mechanism for hearing appeals on transfers of residents from skilled nursing facilities. “(4) Secretarial standards for qualification of administrators.— For purposes of subsections (d)(1)(C) and (e)(4), the Secretary shall develop, by not later than March 1, 1989, standards to be applied in assuring the qualifications of administrators of skilled nursing facilities. “(5) Criteria for administration.— The Secretary shall establish criteria for assessing a skilled nursing facility’s compliance with the requirement of subsection (d)(1) with respect to— “(A) its governing body and management, “(B) agreements with hospitals regarding transfers of residents to and from the hospitals and to and from other skilled nursing facilities, “(C) disaster preparedness, “(D) direction of medical care by a physician, “(E) laboratory and radiological services, “(F) clinical records, and “(G) resident and advocate participation. “(6) Specification of resident assessment data set and instruments.— The Secretary shall— “(A) not later than July 1, 1989, specify a minimum data set of core elements and common definitions for use by nursing facilities in conducting the assessments required under subsection (b)(3), and establish guidelines for utilization of the data set; and “(B) by not later than October 1, 1990, designate one or more instruments which are consistent with the specification made under subparagraph
(A)and which a State may specify under subsection (e)(5)(A) for use by nursing facilities in complying with the requirements of subsection (b)(3)(A)(iii). “(7) List of items and services furnished in skilled nursing facilities not chargeable to the personal funds of a resident.— 101 STAT. 1330–174 “(A) Regulations required.— Pursuant to the requirement of section 21(b) of the Medicare-Medicaid Anti-Fraud and Abuse Amendments of 1977, the Secretary shall issue regulations, on or before the first day of the seventh month to begin after the date of enactment of this section, that define those costs which may be charged to the personal funds of patients in skilled nursing facilities who are individuals receiving benefits under this part and those costs which are to be included in the reasonable cost (or other payment amount) under this title for extended care services. “(B) Rule if failure to publish regulations.— If the Secretary does not issue the regulations under subparagraph
(A)on or before the date required in such subparagraph, in the case of a resident of a skilled nursing facility who is eligible to receive benefits under this part, the costs which may not be charged to the personal funds of such resident (and for which payment is considered to be made under this title) shall not include, at a minimum, the costs for routine personal hygiene items and services furnished by the facility.”. "
(b)Costs of Meeting Requirements.—
(1)Under reasonable cost.— Section 1861(v)(1)(E) of such Act[42 USC 1395x](/us/usc/t42/s1395x). (42 U.S.C. 1395s(v)(1)(E)) is amended by adding at the end the following new sentence: “Notwithstanding the previous sentence, such regulations with respect to skilled nursing facilities shall take into account (in a manner consistent with subparagraph
(A)and based on patient-days of services furnished) the costs of such facilities complying with the requirements of subsections (b), (c), and
(d)of section 1819 (including the costs of conducting nurse aide training and competency evaluation programs and competency evaluation programs).”.
(2)Adjustment in prospective payments.— Section 1888(d) of such Act (42 U.S.C. 1395yy(d)) is amended by adding at the end the following new paragraph: " “(7) In computing the rates of payment to be made under this subsection, there shall be taken into account the costs described in the last sentence of section 1861(v)(1)(E) (relating to compliance with nursing facility requirements and of conducting nurse aide training and competency evaluation programs and competency evaluation programs).”. "
(c)Evaluation.— The Secretary of Health and Human ServicesReports.[42 USC 1395i–3 note](/us/usc/t42/s1395i–3). shall evaluate, and report to Congress by not later than January 1, 1992, on the implementation of the resident assessment process for residents of skilled nursing facilities under the amendments made by this section.
(d)Conforming Amendment.— Section 1861(a)(2) of the Social Security Act (42 U.S.C. 1395x(a)(2)) is amended by striking “skilled nursing facility” and inserting “facility described in section 1919(a)(2) or subsection (y)(1)”. SEC. 4202. SURVEY AND CERTIFICATION PROCESS.
(a)State Requirement for Process.— Title XVIII of the Social Security Act is amended—
(1)in section 1864(d) (42 U.S.C. 1395aa(d)), as added by section 4201(a)(2) of this Act, by inserting before the period “and section 1819(g)”, and 101 STAT. 1330–175
(2)in section 1819, as added by section 4201(a)(3) of this Act, by adding at the end the following new subsection: “(g) Survey and Certification Process.— “(1) State and federal responsibility.— “(A) In general.— Pursuant to an agreement under section 1864, each State shall be responsible for certifying, in accordance with surveys conducted under paragraph (2), the compliance of skilled nursing facilities (other than facilities of the State) with the requirements of subsections (b), (c), and (d). The Secretary shall be responsible for certifying, in accordance with surveys conducted under paragraph (2), the compliance of State skilled nursing facilities with the requirements of such subsections. “(B) Educational program.— Each State shall conduct periodic educational programs for the staff and residents (and their representatives) of skilled nursing facilities in order to present current regulations, procedures, and policies under this section. “(C) Investigation of allegations of resident neglect and abuse and misappropriation of resident property.— The State shall provide, through the agency responsible for surveys and certification of nursing facilities under this subsection, for a process for the receipt, review, and investigation of allegations of neglect and abuse and misappropriation of resident property by a nurse aide of a resident in a nursing facility. If the State finds, after notice to the nurse aide involved and a reasonable opportunity for a hearing for the nurse aide to rebut allegations, that a nurse aide whose name is contained in a nurse aide registry has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the nurse aide and the registry of such finding. “(D) Construction.— The failure of the Secretary to establish standards under subsection
(f)shall not relieve a State of its responsibility under this subsection. “(2) Surveys.— “(A) Standard survey.— “(i) In general.— Each skilled nursing facility shall be subject to a standard survey, to be conducted without any prior notice to the facility. Any individual who notifies (or causes to be notified) a skilled nursing facility of the time or date on which such a survey is scheduled to be conducted is subject to a civil money penalty of not to exceed $2,000. The Secretary shall provide for imposition of civil money penalties under this clause in a manner similar to that for the imposition of civil money penalties under section 1128A. The Secretary shall review each State’s procedures for the scheduling and conduct of standard surveys to assure that the State has taken all reasonable steps to avoid giving notice of such a survey through the scheduling procedures and the conduct of the surveys themselves, “(ii) Contents.— Each standard survey shall include, for a case-mix stratified sample of residents— “(I) a survey of the quality of care furnished, as measured by indicators of medical, nursing, and rehabilitative care, dietary and nutrition services,101 STAT. 1330–176 activities and social participation, and sanitation, infection control, and the physical environment, “(II) written plans of care provided under subsection (b)(2) and an audit of the residents’ assessments under subsection (b)(3) to determine the accuracy of such assessments and the adequacy of such plans of care, and “(III) a review of compliance with residents’ rights under subsection (c). “(iii) Frequency.— “(I) In general.— Each skilled nursing facility shall be subject to a standard survey not later than 15 months after the date of the previous standard survey conducted under this subparagraph. The Statewide average interval between standard surveys of skilled nursing facilities under this subsection shall not exceed 12 months. “(II) Special surveys.— If not otherwise conducted under subclause (I), a standard survey (or an abbreviated standard survey) may be conducted within 2 months of any change of ownership, administration, management of a skilled nursing facility, or the director of nursing in order to determine whether the change has resulted in any decline in the quality of care furnished in the facility. “(B) Extended surveys.— “(i) In general.— Each skilled nursing facility which is found, under a standard survey, to have provided substandard quality of care shall be subject to an extended survey. Any other facility may, at the Secretary’s or State’s discretion, be subject to such an extended survey (or a partial extended survey). “(ii) Timing.— The extended survey shall be conducted immediately after the standard survey (or, if not practical, not later than 2 weeks after the date of completion of the standard survey). “(iii) Contents.— In such an extended survey, the survey team shall review and identify the policies and procedures which produced such substandard quality of care and shall determine whether the facility has complied with all the requirements described in subsections (b), (c), and (d). Such review shall include an expansionContracts. of the size of the sample of residents’ assessments reviewed and a review of the staffing, of in-service training, and, if appropriate, of contracts with consultants. “(iv) Construction.— Nothing in this paragraph shall be construed as requiring an extended or partial extended survey as a prerequisite to imposing a sanction against a facility under subsection
(h)on the basis of findings in a standard survey. “(C) Survey protocol.— Standard and extended surveys shall be conducted— “(i) based upon a protocol which the Secretary has developed, tested, and validated by not later than October 1, 1990, and 101 STAT. 1330–177 “(ii) by individuals, of a survey team, who meet such minimum qualifications as the Secretary establishes by not later than such date. The failure of the Secretary to develop, test, or validate such protocols or to establish such minimum qualifications shall not relieve any State of its responsibility (or the Secretary of the Secretary’s responsibility) to conduct surveys under this subsection. “(D) Consistency of surveys.— Each State and the Secretary shall implement programs to measure and reduce inconsistency in the application of survey results among surveyors. “(E) Survey teams.— “(i) In general.— Surveys under this subsection shall be conducted by a multidisciplinary team of professionals (including a registered professional nurse). “(ii) Prohibition of conflicts of interest.— A State may not use as a member of a survey team under this subsection an individual who is serving (or has served within the previous 2 years) as a member of the staff of, or as a consultant to, the facility surveyed respecting compliance with the requirements of subsections (b), (c), and (d), or who has a personal or familial financial interest in the facility being surveyed. “(iii) Training.— The Secretary shall provide for the comprehensive training of State and Federal surveyors in the conduct of standard and extended surveys under this subsection, including the auditing of resident assessments and plans of care. No individual shall serve as a member of a survey team unless the individual has successfully completed a training and testing program in survey and certification techniques that has been approved by the Secretary. “(3) Validation surveys.— “(A) In general.— The Secretary shall conduct onsite surveys of a representative sample of skilled nursing facilities in each State, within 2 months of the date of surveys conducted under paragraph
(2)by the State, in a sufficient number to allow inferences about the adequacies of each State’s surveys conducted under paragraph (2). In conducting such surveys, the Secretary shall use the same survey protocols as the State is required to use under paragraph (2). If the State has determined that an individual skilled nursing facility meets the requirements of subsections (b), (c), and (d), but the Secretary determines that the facility does not meet such requirements, the Secretary’s determination as to the facility’s noncompliance with such requirements is binding and supersedes that of the State survey. “(B) Scope.— With respect to each State, the Secretary shall conduct surveys under subparagraph
(A)each year with respect to at least 5 percent of the number of skilled nursing facilities surveyed by the State in the year, but in no case less than 5 skilled nursing facilities in the State. “(C) Remedies for substandard performance.— If the Secretary finds, on the basis of such surveys, that a State has failed to perform surveys as required under paragraph101 STAT. 1330–178
(2)or that a State’s survey and certification performance otherwise is not adequate, the Secretary shall provide for an appropriate remedy, which may include the training of survey teams in the State. 6060Copy read ““(C)”.“(D) Special surveys of compliance.— Where the Secretary has reason to question the compliance of a skilled nursing facility with any of the requirements of subsections (b), (c), and (d), the Secretary may conduct a survey of the facility and, on that basis, make independent and binding determinations concerning the extent to which the skilled nursing facility meets such requirements. “(4) Investigation of complaints and monitoring compliance.— Each State shall maintain procedures and adequate staff to— “(A) investigate complaints of violations of requirements by skilled nursing facilities, and “(B) monitor, on-site, on a regular, GS needed basis, a skilled nursing facility’s compliance with the requirements of subsections (b), (c), and (d), if— “(i) the facility has been found not to be in compliance with such requirements and is in the process of correcting deficiencies to achieve such compliance; “(ii) the facility was previously found not to be in compliance with such requirements, has corrected deficiencies to achieve such compliance, and verification of continued compliance is indicated; or “(iii) the State has reason to question the compliance of the facility with such requirements. A State may maintain and utilize a specialized team (including an attorney, an auditor, and appropriate health care professionals) for the purpose of identifying, surveying, gathering and preserving evidence, and carrying out appropriate enforcement actions against chronically substandard skilled nursing facilities. “(5) Disclosure of results of inspections and activities.— “(A) Public information.— Each State, and the Secretary, shall make available to the public— “(i) information respecting all surveys and certifications made respecting skilled nursing facilities, including statements of deficiencies and plans of correction. “(ii) copies of cost reports of such facilities filed underReports. this title or title XIX, “(iii) copies of statements of ownership under section 1124, and “(iv) information disclosed under section 1126. “(B) Notice to ombudsman.— Each State shall notify the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965) of the State’s findings of noncompliance with any of the requirements of subsections (b), (c), and (d), with respect to a skilled nursing facility in the State. “(C) Notice to physicians and skilled nursing facility administrator licensing board.— If a State finds that a101 STAT. 1330–179 skilled nursing facility has provided substandard quality of care, the State shall notify— “(i) the attending physician of each resident with respect to which such finding is made, and “(ii) the State board responsible for the licensing of the skilled nursing facility administrator at the facility. “(D) 60a60aCopy read ““(C)”. Access to fraud control units.— Each State shall provide its State medicaid fraud and abuse control unit (established under section 1903(q)) with access to all information of the State agency responsible for surveys and certifications under this subsection.”.
(c)Posting Survey Results.— Section 1864(a) of such Act (42 U.S.C. 1395aa(a)) is amended by inserting, after “readily available form and place” in the fifth sentence, the following: “, and require (in the case of skilled nursing facilities) the posting in a place readily accessible to patients (and patients’ representatives),”. SEC. 4203. ENFORCEMENT PROCESS.
(a)State Requirement.— Title XVIII of the Social Security Act is amended—
(1)in section 1864(d) (42 U.S.C. 1395aa(d)), as added by section 4201(a)(2) and as amended by section 4202(a)(1) of this Act, by inserting before the period at the end the following: “and the establishment of remedies under sections 1819(h)(2)(B) and 1819(h)(2)(C) (relating to establishment and application of remedies)”; and
(2)by adding at the end of section 1819 of such Act, as added by section 4201(a)(3) and as amended by section 4202(a)(2), the end the following new subsection: " “(h) Enforcement process.— “(1) In general.— If a State finds, on the basis of a standard, extended, or partial extended survey under subsection (g)(2) or otherwise, that a skilled nursing facility no longer meets a requirement of subsection (b), (c), or (d), and further finds that the facility’s deficiencies— “(A) immediately jeopardize the health or safety of its residents, the State shall recommend to the Secretary that the Secretary take such action as described in paragraph (2)(A)(i); or “(B) do not immediately jeopardize the health or safety of its residents, the State may recommend to the Secretary that the Secretary take such action as described in paragraph (2)(A)(ii). If a State finds that a skilled nursing facility meets the requirements of subsections (b), (c), and (d), but, as of a previous period, did not meet such requirements, the State may recommend a civil money penalty under paragraph (2)(B)(ii) for the days in which it finds that the facility was not in compliance with such requirements. “(2) Secretarial authority.— “(A) In general.— With respect to any skilled nursing facility in a State, if the Secretary finds, or pursuant to a recommendation of the State under paragraph
(1)finds, that a skilled nursing facility no longer meets a requirement of subsection (b), (c), (d), or (e), and further finds that the facility’s deficiencies— 101 STAT. 1330–180 “(i) immediately jeopardize the health or safety of its residents, the Secretary shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in subparagraph (B)(iii), or terminate the facility’s participation under this title and may provide, in addition, for one or more of the other remedies described in subparagraph (B); or “(ii) do not immediately jeopardize the health or safety of its residents, the Secretary may impose any of the remedies described in subparagraph (B). Nothing in this subparagraph shall be construed as restricting the remedies available to the Secretary to remedy a skilled nursing facility’s deficiencies. If the Secretary finds, or pursuant to the recommendation of the State under paragraph
(1)finds, that a skilled nursing facility meets such requirements but, as of a previous period, did not meet such requirements, the Secretary may provide for a civil money penalty under subparagraph (B)(ii) for the days on which he finds that the facility was not in compliance with such requirements. “(B) Specified remedies.— The Secretary may take the following actions with respect to a finding that a facility has not met an applicable requirement: “(i) Denial of payment.— The Secretary may deny any further payments under this title with respect to all individuals entitled to benefits under this title in the facility or with respect to such individuals admitted to the facility after the effective date of the finding. “(ii) Authority with respect to civil money penalties.— The Secretary may impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance and the Secretary shall impose and collect such a penalty in the same manner as civil money penalties are imposed and collected under section 1128 A. “(iii) Appointment of temporary management.— In consultation with the State, the Secretary may appoint temporary management to oversee the operation of the facility and to assure the health and safety of the facility’s residents, where there is a need for temporary management while— “(I) there is an orderly closure of the facility, or “(II) improvements are made in order to bring the facility into compliance with all the requirements of subsections (b), (c), and (d). The temporary management under this clause shall not be terminated under subclause
(II)until the Secretary has determined that the facility has the management capability to ensure continued compliance with all the requirements of subsections (b), (c), and (d). The Secretary shall specify criteria, as to when and how each of such remedies is to be applied, the amounts of any fines, and the severity of each of these remedies, to be used in the imposition of such remedies. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the remedies and shall provide for the imposition of incrementally more101 STAT. 1330–181severe fines for repeated or uncorrected deficiencies. In addition, the Secretary may provide for other specified remedies, such as directed plans of correction. “(C) Continuation of payments pending remediation.— The Secretary may continue payments, over a period of not longer than 6 months, under this title with respect to a skilled nursing facility not in compliance with a requirement of subsection (b), (c), or (d), if— “(i) the State survey agency finds that it is more appropriate to take alternative action to assure compliance of the facility with the requirements than to terminate the certification of the facility, “(ii) the State has submitted a plan and timetable for corrective action to the Secretary for approval and the Secretary approves the plan of corrective action, and “(iii) the facility agrees to repay to the Federal Government payments received under this subparagraph if the corrective action is not taken in accordance with the approved plan and timetable. The Secretary shall establish guidelines for approval of corrective actions requested by States under this subparagraph. “(D) Assuring prompt compliance.— If a skilled nursing facility has not complied with any of the requirements of subsections (b), (c), and (d), within 3 months after the date the facility is found to be out of compliance with such requirements, the Secretary shall impose the remedy described in subparagraph (B)(i) for all individuals who are admitted to the facility after such date. “(E) Repeated noncompliance.— In the case of a skilled nursing facility which, on 3 consecutive standard surveys conducted under subsection (g)(2), has been found to have provided substandard quality of care, the Secretary shall (regardless of what other remedies are provided)— “(i) impose the remedy described in subparagraph (B)(i), and “(ii) monitor the facility under subsection (g)(4)(B), until the facility has demonstrated, to the satisfaction of the Secretary, that it is in compliance with the requirements of subsections (b), (c), and (d), and that it will remain in compliance with such requirements. “(3) Effective period of denial of payment.— A finding to deny payment under this subsection shall terminate when the Secretary finds that the facility is in substantial compliance with all the requirements of subsections (b), (c), and (d). “(4) Immediate termination of participation for facility where secretary finds noncompliance and immediate jeopardy.— If the Secretary finds that a skilled nursing facility has not met a requirement of subsection (b), (c), or (d), and finds that the failure immediately jeopardizes the health or safety of its residents, the Secretary shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in paragraph (2)(B)(iii), or the Secretary shall terminate the facility’s participation under this title. If the facility’s participation under this title is terminated, the State shall provide for the safe and orderly transfer of the residents eligible101 STAT. 1330–182under this title consistent with the requirements of subsection (c)(2). “(5) Construction.— The remedies provided under this subsection are in addition to those otherwise available under State or Federal law and shall not be construed as limiting such other remedies, including any remedy available to an individual at common law. The remedies described in clauses (i), (iii), and
(iv)of paragraph (2)(A) may be imposed during the pendency of any hearing. “(6) Sharing of information.— Notwithstanding any other provision of law, all information concerning skilled nursing facilities required by this section to be filed with the Secretary or a State agency shall be made available to Federal or State employees for purposes consistent with the effective administration of programs established under this title and title XIX, including investigations by State medicaid fraud control units.”. " SEC. 4204. EFFECTIVE DATES.
(a)New Requirements and Survey and Certification Process.— Except as otherwise specifically provided in section 1819 of the Social Security Act, the amendments made by this part shall apply to extended care services furnished on or after October 1, 1990, without regard to whether regulations to implement such amendments are promulgated by such date.
(b)Waiver of Paperwork Reduction.— Chapter 35 of title 44, United States Code, shall not apply to information required for purposes of carrying out this part and implementing the amendments made by this part. SEC. 4205. ANNUAL REPORT. [42 USC 1395i–3 note](/us/usc/t42/s1395i–3). The Secretary of Health and Human Services shall report to the Congress annually on the extent to which skilled nursing facilities are complying with the requirements of subsections (b), (c), and
(d)of section 1819 of the Social Security Act (as added by the amendments made by this part) and the number and type of enforcement actions taken by States and the Secretary under section 1819(h) of such Act (as added by section 4203 of this Act). SEC. 4206. CONSTRUCTION. Section 1819 of the Social Security Act is amended by adding at[42 USC 1395i–3](/us/usc/t42/s1395i–3). the end the following new subsection: " “(i) Construction.— Where requirements or obligations under this section are identical to those provided under section 1919 of this Act, the fulfillment of those requirements or obligations under section 1919 shall be considered to be the fulfillment of the corresponding requirements or obligations under this section.”. " **PART 2—** **MEDICAID PROGRAM** SEC. 4211. REQUIREMENTS FOR NURSING FACILITIES.
(a)Specification of Facility Requirements.— Title XIX of the Social Security Act is amended—
(1)by redesignating section 1922 as section 1923, [42 USC 1396s.](/us/usc/t42/s1396s)
(2)by redesignating section 1919 as section 1922 and by [42 USC 1396r, 1396r–3](/us/usc/t42/s1396r/1396r–3). transferring and inserting such section after section 1921, and
(3)by inserting after section 1918 the following new section: 101 STAT. 1330–183 " “requirements for nursing facilities “Sec. 1919.
(a)Nursing Facility Defined.— In this title, the term[42 USC 1396r](/us/usc/t42/s1396r). ‘nursing facility’ means an institution (or a distinct part of an institution) which— “(1) is primarily engaged in providing to residents— “(A) skilled nursing care and related services for residents who require medical or nursing care, “(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons, or “(C) on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through institutional facilities, and is not primarily for the care and treatment of mental diseases; “(2) has in effect a transfer agreement (meeting the requirements of section 1861(1)) with one or more hospitals having agreements in effect under section 1866; and “(3) meets the requirements for a nursing facility described in subsections (b), (c), and
(d)of this section. Such term also includes any facility which is located in a State on an Indian reservation and is certified by the Secretary as meeting the requirements of paragraph
(1)and subsections (b), (c), and (d). “(b) Requirements Relating to Provision of Services.— “(1) Quality of life.— “(A) In general.— A nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident. “(B) Quality assessment and assurance.— A nursing facility must maintain a quality assessment and assurance committee, consisting of the director of nursing services, a physician designated by the facility, and at least 3 other members of the facility’s staff, which
(i)meets at least quarterly to identify issues with respect to which quality assessment and assurance activities are necessary and
(ii)develops and implements appropriate plans of action to correct identified quality deficiencies. “(2) Scope of services and activities under plan of care.— A nursing facility must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care which— “(A) describes the medical, nursing, and psychosocial needs of the resident and how such needs will be met; “(B) is initially prepared, with the participation to the extent practicable of the resident or the resident’s family or legal representative, by a team which includes the resident’s attending physician and a registered professional nurse with responsibility for the resident; and “(C) is periodically reviewed and revised by such team after each assessment under paragraph (3). “(3) Residents’ assessment.— “(A) Requirement.— A nursing facility must conduct a comprehensive, accurate, standardized, reproducible assess—101 STAT. 1330–184ment of each resident’s functional capacity, which assessment— “(i) describes the resident’s capability to perform daily life functions and significant impairments in functional capacity; “(ii) is based on a uniform minimum data set specified by the Secretary under subsection (f)(6)(A); “(iii) in the case of a resident eligible for benefits under this title, uses an instrument which is specified by the State under subsection (e)(5); and “(iv) in the case of a resident eligible for benefits under part A of title XVIII, includes the identification of medical problems. “(B) Certification.— “(i) In general.— Each such assessment must be conducted or coordinated (with the appropriate participation of health professionals) by a registered professional nurse who signs and certifies the completion of the assessment. Each individual who completes a portion of such an assessment shall sign and certify as to the accuracy of that portion of the assessment. “(ii) Penalty for falsification.— “(I) An individual who willfully and knowingly certifies under clause
(i)a material and false statement in a resident assessment is subject to a civil money penalty of not more than $1,000 with respect to each assessment. “(II) An individual who willfully and knowingly causes another individual to certify under clause
(i)a material and false statement in a resident assessment is subject to a civil money penalty of not more than $5,000 with respect to each assessment. “(III) The Secretary shall provide for imposition of civil money penalties under this clause in a manner similar to that for the imposition of civil money penalties under section 1128A. “(iii) Use of independent assessors.— If a State determines, under a survey under subsection
(g)or otherwise, that there has been a knowing and willful certification of false assessments under this paragraph, the State may require (for a period specified by the State) that resident assessments under this paragraph be conducted and certified by individuals who are independent of the facility and who are approved by the State. “(C) Frequency.— “(i) In general.— Such an assessment must be conducted— “(I) promptly upon (but no later than 4 days after the date of) admission for each individual admitted on or after October 1, 1990, and by not later than October 1, 1991, for each resident of the facility on that date; “(II) promptly after a significant change in the resident’s physical or mental condition; and “(III) in no case less often than once every 12 months. 101 STAT. 1330–185 “(ii) Resident review.— The nursing facility must examine each resident no less frequently than once every 3 months and, as appropriate, revise the resident assessment to assure the continuing accuracy of the assessment. “(D) Use.— The results of such an assessment shall be used in developing, reviewing, and revising the resident’s plan of care under paragraph (2). “(E) Coordination.— Such assessments shall be coordinated with any State-required pre-admission screening program to the maximum extent practicable in order to avoid duplicative testing and effort. “(F) Requirements relating to pre-admission screening for mentally ill and mentally retarded individuals.— A nursing facility must not admit, on or after January 1, 1989, any new resident who— “(i) is mentally ill (as defined in subsection (e)(7)(G)(i)) unless the State mental health authority has determined (based on an independent physical and mental evaluation performed by a person or entity other than the State mental health authority) prior to admission that, because of the physical and mental condition of the individual, the individual requires the level of services provided by a nursing facility, and, if the individual requires such level of services, whether the individual requires active treatment for mental illness, or “(ii) is mentally retarded (as defined in subsection (e)(7)(G)(ii)) unless the State mental retardation or developmental disability authority has determined prior to admission that, because of the physical and mental condition of the individual, the individual requires the level of services provided by a nursing facility, and, if the individual requires such level of services, whether the individual requires active treatment for mental retardation. “(4) Provision of services and activities.— “(A) In general.— To the extent needed to fulfill all plans of care described in paragraph (2), a nursing facility must provide (or arrange for the provision of)— “(i) nursing and related services and specialized rehabilitative services to attain or maintain the highest practicable physical, mental, and psychosocial wellbeing of each resident; “(ii) medically-related social services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident; “(iii) pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all drugs and biologicals) to meet the needs of each resident; “(iv) dietary services that assure that the meals meet the daily nutritional and special dietary needs of each resident; “(v) an on-going program, directed by a qualified professional, of activities designed to meet the interests and the physical, mental, and psychosocial well-being of each resident; and 101 STAT. 1330–186 “(vi) routine dental services (to the extent covered under the State plan) and emergency dental services to meet the needs of each resident. The services provided or arranged by the facility must meet professional standards of quality. “(B) Qualified persons providing services.— Services described in clauses (i), (ii), (iii), (iv), and
(vi)of subparagraph
(A)must be provided by qualified persons in accordance with each resident’s written plan of care. “(C) Required nursing care; facility waivers.— “(i) General requirements.— With respect to nursing facility services provided on or after October 1, 1990, a nursing facility— “(I) except as provided in clause (ii), must provide 24-hour licensed nursing services which are sufficient to meet the nursing needs of its residents, and “(II) except as provided in clause (ii), must use the services of a registered nurse for at least 8 consecutive hours a day, 7 days a week, “(ii) Facility waivers.— “(i) Waiver by state.— A State may waive the requirement of subclause
(I)or
(II)of clause
(i)with respect to a facility if— “(I) the facility demonstrates to the satisfaction of the State that the facility has been unable, despite diligent efforts (including offering wages at the community prevailing rate for nursing facilities), to recruit appropriate personnel, “(II) the State determines that a waiver of the requirement will not endanger the health or safety of individuals staying in the facility, and “(III) the State finds that, for any such periods in which licensed nursing services are not available, a registered nurse or a physician is obligated to respond immediately to telephone calls from the facility. A waiver under this clause shall be subject to annual review and to the review of the Secretary and subject to clause
(ii)shall be accepted by the Secretary for purposes of this title to the same extent as is the State’s certification of the facility. In granting or renewing a waiver, a State may require the facility to employ other qualified, licensed personnel. “(ii) Assumption of waiver authority by secretary.— If the Secretary determines that a State has shown a clear pattern and practice of allowing waivers in the absence of diligent efforts by facilities to meet the staffing requirements, the Secretary shall assume and excercise the authority of the State to grant waivers. “(5) Required training of nurse aides.— “(A) In general.— A nursing facility must not use (on a full-time, temporary, per diem, or other basis) any individual, who is not a licensed health professional (as defined in subparagraph (E)), as a nurse aide in the facility on or after101 STAT. 1330–187 January 1, 1990, for more than 4 months unless the individual— “(i) has completed a training and competency evaluation program, or a competency evaluation program, approved by the State under subsection (e)(1)(A), and “(ii) is competent to provide such services. “(B) Offering competency evaluation programs for current employees.— A nursing facility must provide, for individuals used as a nurse aide by the facility as of July 1, 1989, for a competency evaluation program approved by the State under subsection (e)(1) and such preparation as may be necessary for the individual to complete such a program by January 1, 1990. “(C) Competency.— The nursing facility must not permit an individual, other than in a training and competency evaluation program approved by the State, to serve as a nurse aide or provide services of a type for which the individual has not demonstrated competency and must not use such an individual as a nurse aide unless the facility has inquired of the State registry established under subsection (e)(2)(A) as to information in the registry concerning the individual. “(D) Re-training required.— For purposes of subparagraph (A), if, since an individual’s most recent completion of a training and competency evaluation program, there has been a continuous period of 24 consecutive months during none of which the individual performed nursing or nursing-related services for monetary compensation, such individual shall complete a new training and competency evaluation program. “(E) Regular in-service education.— The nursing facility must provide such regular performance review and regular in-service education as assures that individuals used as nurse aides are competent to perform services as nurse aides, including training for individuals providing nursing and nursing-related services to residents with cognitive impairments. “(F) Nurse aide defined.— In this paragraph, the term ‘nurse aide’ means any individual providing nursing or nursing-related services to residents in a nursing facility, but does not include an individual— “(i) who is a licensed health professional (as defined in subparagraph (G)), or “(ii) who volunteers to provide such services without monetary compensation. “(G) Licensed health professional defined.— In this paragraph, the term ‘licensed health professional’ means a physician, physician assistant, nurse practitioner, physical, speech, or occupational therapist, registered professional nurse, licensed practical nurse, or licensed or certified social worker. “(6) Physician supervision and clinical records.— A nursing facility must— “(A) require that the health care of every resident be provided under the supervision of a physician; “(B) provide for having a physician available to furnish necessary medical care in case of emergency; and 101 STAT. 1330–188 “(C) maintain clinical records on all residents, which records include the plans of care (described in paragraph (2)) and the residents’ assessments (described in paragraph (3)), as well as the results of any pre-admission screening conducted under subsection (e)(7). “(7) Required social services.— In the case of a nursing facility with more than 120 beds, the facility must have at least one social worker (with at least a bachelor’s degree in social work or similar professional qualifications) employed full-time to provide or assure the provision of social services. “(c) Requirements relating to residents’ rights.— “(1) General rights.— “(A) Specified rights.— A nursing facility must protect and promote the rights of each resident, including each of the following rights: “(i) Free choice.— The right to choose a personal attending physician, to be fully informed in advance about care and treatment, to be fully informed in advance of any changes in care or treatment that may affect the resident’s well-being, and (except with respect to a resident adjudged incompetent) to participate in planning care and treatment or changes in care and treatment. “(ii) Free from restraints.— The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident’s medical symptoms. Restraints may only be imposed— “(I) to ensure the physical safety of the resident or other residents, and “(II) only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary) until such an order could reasonably be obtained, “(iii) Privacy.— The right to privacy with regard to accommodations, medical treatment, written and telephonic communications, visits, and meetings of family and of resident groups. “(iv) Confidentiality.— The right to confidentiality of personal and clinical records. “(v) Accommodation of needs.— The right— “(I) to reside and receive services with reasonable accommodations of individual needs and preferences, except where the health or safety of the individual or other residents would be endangered, and “(II) to receive notice before the room or roommate of the resident in the facility is changed, “(vi) Grievances.— The right to voice grievances with respect to treatment or care that is (or fails to be) furnished, without discrimination or reprisal for voicing the grievances and the right to prompt efforts by the facility to resolve grievances the resident may101 STAT. 1330–189 have, including those with respect to the behavior of other residents. “(vii) Participation in resident and family groups.— The right of the resident to organize and participate in resident groups in the facility and the right of the resident’s family to meet in the facility with the families of other residents in the facility. 6161Copy read “ “(ix)”.“(viii) Participation in other activities.— The right of the resident to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility. 6262Copy read “ “(x)”.“(ix) Examination of survey results.— The right to examine, upon reasonable request, the results of the most recent survey of the facility conducted by the Secretary or a State with respect to the facility and any plan of correction in effect with respect to the facility. 6363Copy read “ “(xi)”.“(x) Other rights.— Any other right established by the Secretary. Clause
(iii)shall not be construed as requiring the provision of a private room. “(B) Notice of rights.— A nursing facility must— “(i) inform each resident, orally and in writing at the time of admission to the facility, of the resident’s legal rights during the stay at the facility; “(ii) make available to each resident, upon reasonable request, a written statement of such rights (which statement is updated upon changes in such rights); “(iii) inform each resident who is entitled to medical assistance under this title— “(I) at the time of admission to the facility or, if later, at the time the resident becomes eligible for such assistance, of the items and services (including those specified under section 1902(a)(28)(B)) that are included in nursing facility services under the State plan and for which the resident may not be charged (except as permitted in section 1916), and of those other items and services that the facility offers and for which the resident may be charged and the amount of the charges for such items and services, and “(II) of changes in the items and services described in subclause
(I)and of changes in the charges imposed for items and services described in that subclause; and “(iv) inform each other resident, in writing before or at the time of admission and periodically during the resident’s stay, of services available in the facility and of related charges for such services, including any charges for services not covered under title XVIII or by the facility’s basic per diem charge. The written description of legal rights under this subparagraph shall include a description of the protection of personal funds under paragraph
(6)and a statement that a101 STAT. 1330–190 resident may file a complaint with a State survey and certification agency respecting resident abuse and neglect and misappropriation of resident property in the facility. “(C) Rights of incompetent residents.— In the case of a resident adjudged incompetent under the laws of a State, the rights of the resident under this title shall devolve upon, and, to the extent judged necessary by a court of competent jurisdiction, be exercised by, the person appointed under State law to act on the resident’s behalf. “(D) Use of psychopharmacologic drugs.— Psychopharmacologic drugs may be administered only on the orders of a physician and only as part of a plan (included in the written plan of care described in paragraph (2)) designed to eliminate or modify the symptoms for which the drugs are prescribed and only if, at least annually an independent, external consultant reviews the appropriateness of the drug plan of each resident receiving such drugs. “(2) Transfer and discharge rights.— “(A) In general.— A nursing facility must permit each resident to remain in the facility and must not transfer or discharge the resident from the facility unless— “(i) the transfer or discharge is necessary to meet the resident’s welfare and the resident’s welfare cannot be met in the facility; “(ii) the transfer or discharge is appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility; “(iii) the safety of individuals in the facility is endangered; “(iv) the health of individuals in the facility would otherwise be endangered; “(v) the resident has failed, after reasonable and appropriate notice, to pay (or to have paid under this title or title XVIII on the resident’s behalf) an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with this title and title XVIII; or “(vi) the facility ceases to operate. In each 6464Copy read “In the each”. of the cases described in clauses
(i)through (iv), the basis for the transfer or discharge must be documented in the resident’s clinical record. In the cases described in clauses
(i)and (ii), the documentation must be made by the resident’s physician, and in the case described in clause
(iv)the documentation must be made by a physician. For purposes of clause (v), in the case of a resident who becomes eligible for assistance under this title after admission to the facility, only charges which may be imposed under this title shall be considered to be allowable. “(B) Pre-transfer and pre-discharge notice.— “(i) In general.— Before effecting a transfer or discharge of a resident, a nursing facility must— 101 STAT. 1330–191 “(I) notify the resident (and, if known, an immediate family member of the resident or legal representative) of the transfer or discharge and the reasons therefor, “(II) record the reasons in the resident’s clinical record (including any documentation required under subparagraph (A)), and “(III) include in the notice the items described in clause (iii). “(ii) Timing of notice.— The notice under clause (i)(I) must be made at least 30 days in advance of the resident’s transfer or discharge except— “(I) in a case described in clause
(iii)or
(iv)of subparagraph (A); “(II) in a case described in clause
(ii)of subparagraph (A), where the resident’s health improves sufficiently to allow a more immediate transfer or discharge; “(III) in a case described in clause
(i)of subparagraph (A), where a more immediate transfer or discharge is necessitated by the resident’s urgent medical needs; or “(IV) in a case where a resident has not resided in the facility for 30 days. In the case of such exceptions, notice must be given as many days before the date of the transfer or discharge as is practicable. “(iii) Items included in notice.— Each notice under clause
(i)must include— “(I) for transfers or discharges effected on or after October 1, 1989, notice of the resident’s right to appeal the transfer or discharge under the State process established under subsection (e)(3); “(II) the name, mailing address, and telephone number of the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965); “(III) in the case of residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy system for developmentally disabled individuals established under part C of the Developmental Disabilities Assistance and Bill of Rights Act; and “(IV) in the case of mentally ill residents (as defined in subsection (e)(7)(G)(i)), the mailing address and telephone number of the agency responsible for the protection and advocacy system for mentally ill individuals established under the Protection and Advocacy for Mentally 111 Individuals Act. “(C) Orientation.— A nursing facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility. “(D) Notice on bed-hold policy and readmission.— “(i) Notice before transfer.— Before a resident of a nursing facility is transferred for hospitalization or101 STAT. 1330–192 therapeutic leave, a nursing facility must provide written information to the resident and an immediate family member or legal representative concerning— “(I) the provisions of the State plan under this title regarding the period (if any) during which the resident will be permitted under the State plan to return and resume residence in the facility, and “(II) the policies of the facility regarding such a period, which policies must be consistent with clause (iii). “(ii) Notice upon transfer.— At the time of transfer of a resident to a hospital or for therapeutic leave, a nursing facility must provide written notice to the resident and an immediate family member or legal representative of the duration of any period described in clause (i). “(iii) Permitting resident to return.— A nursing facility must establish and follow a written policy under which a resident— “(I) who is eligible for medical assistance for nursing facility services under a State plan, “(II) who is transferred from the facility for hospitalization or therapeutic leave, and “(III) whose hospitalization or therapeutic leave exceeds a period paid for under the State plan for the holding of a bed in the facility for the resident, will be permitted to be readmitted to the facility immediately upon the first availability of a bed in a semiprivate room in the facility if, at the time of readmission, the resident requires the services provided by the facility. “(3) Access and visitation rights.— A nursing facility must— “(A) permit immediate access to any resident by any representative of the Secretary, by any representative of the State, by an ombudsman or agency described in subclause (II), (III), or
(IV)of paragraph (2)(B)(iii), or by the resident’s individual physician; “(B) permit immediate access to a resident, subject to the resident’s right to deny or withdraw consent at any time, by immediate family or other relatives of the resident; “(C) permit immediate access to a resident, subject to reasonable restrictions and the resident’s right to deny or withdraw consent at any time, by others who are visiting with the consent of the resident; “(D) permit reasonable access to a resident by any entity or individual that provides health, social, legal, or other services to the resident, subject to the resident’s right to deny or withdraw consent at any time; and “(E) permit representatives of the State ombudsman (described in paragraph (2)(B)(iii)(II)), with the permission of the resident (or the resident’s legal representative) and consistent with State law, to examine a resident’s clinical records. “(4) Equal access to quauty care.— “(A) In general.— A nursing facility must establish and maintain identical policies and practices regarding trans-101 STAT. 1330–193fer, discharge, and the provision of services required under the State plan for all individuals regardless of source of payment. “(B) Construction.— “(i) Nothing prohibiting any charges for non-medicaid patients.— Subparagraph
(A)shall not be construed as prohibiting a nursing facility from charging any amount for services furnished, consistent with the notice in paragraph (1)(B) describing such charges, “(ii) No additional services required.— Subparagraph
(A)shall not be construed as requiring a State to offer additional services on behalf of a resident than are otherwise provided under the State plan. “(5) Admissions policy.— “(A) Admissions.— With respect to admissions practices, a nursing facility must— “(i)
(I)not require individuals applying to reside or residing in the facility to waive their rights to benefits under this title or title XVIII,
(II)not require oral or written assurance that such individuals are not eligible for, or will not apply for, benefits under this title or title XVIII, and
(III)prominently display in the facility written information, and provide to such individuals oral and written information, about how to apply for and use such benefits and how to receive refunds for previous payments covered by such benefits; “(ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility; and “(iii) in the case of an individual who is entitled to medical assistance for nursing facility services, not charge, solicit, accept, or receive, in addition to any amount otherwise required to be paid under the State plan under this title, any gift, money, donation, or other consideration as a precondition of admitting (or expediting the admission of) the individual to the facility or as a requirement for the individual’s continued stay in the facility. “(B) Construction.— “(i) No preemption of stricter standards.— Subparagraph
(A)shall not be construed as preventing States or political subdivisions therein from prohibiting, under State or local law, the discrimination against individuals who are entitled to medical assistance under the State plan with respect to admissions practices of nursing facilities. “(ii) Contracts with legal representatives.— Subparagraph (A)(ii) shall not be construed as preventing a facility from requiring an individual, who has legal access to a resident’s income or resources available to pay for care in the facility, to sign a contract (without incurring personal financial liability) to provide payment from the resident’s income or resources for such care. “(iii) Charges for additional services requested.— Subparagraph (A)(iii) shall not be construed as preventing a facility from charging a resident, eligible for101 STAT. 1330–194 medical assistance under the State plan, for items or services the resident has requested and received and that are not specified in the State plan as included in the term ‘nursing facility services’. “(iv) Bona fide contributions.— Subparagraph (A)(iii) shall not be construed as prohibiting a nursing facility from soliciting, accepting, or receiving a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the resident (or potential resident), but only to the extent that such contribution is not a condition of admission, expediting admission, or continued stay in the facility. “(6) Protection of resident funds.— “(A) In general.— The nursing facility— “(i) may not require residents to deposit their personal funds with the facility, and “(ii) once the facility accepts the written authorization of the resident, must hold, safeguard, and account for such personal funds under a system established and maintained by the facility in accordance with this paragraph. “(B) Management of personal funds.— Upon a facility’s acceptance of written authorization of a resident under subparagraph (A)(ii), the facility must manage and account for the personal funds of the resident deposited with the facility as follows: “(i) Deposit.— The facility must deposit any amount of personal funds in excess of $50 with respect to a resident in an interest bearing account (or accounts) that is separate from any of the facility’s operating accounts and credits all interest earned on such separate account to such account. With respect to any other personal funds, the facility must maintain such funds in a non-interest bearing account or petty cash fund. “(ii) Accounting and records.— The facility must assure a full and complete separate accounting of each such resident’s personal funds, maintain a written record of all financial transactions involving the personal funds of a resident deposited with the facility, and afford the resident (or a legal representative of the resident) reasonable access to such record. “(iii) Notice of certain balances.— The facility must notify each resident receiving medical assistance under the State plan under title XIX when the amount in the resident’s account reaches $200 less than the dollar amount determined under section 1611(a)(3)(B) and the fact that if the amount in the account (in addition to the value of the resident’s other nonexempt resources) reaches the amount determined under such section the resident may lose eligibility for such medical assistance or for benefits under title XVI. “(iv) Conveyance upon death.— Upon the death of a resident with such an account, the facility must convey promptly the resident’s personal funds (and a final accounting of such funds) to the individual administering the resident’s estate. 101 STAT. 1330–195 “(C) Assurance of financial security.— The facility must purchase a surety bond, or otherwise provide assurance satisfactory to the Secretary, to assure the security of all personal funds of residents deposited with the facility. “(D) Limitation on charges to personal funds.— The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under this title or title XVIII. “(d) Requirements relating to administration and other matters.— “(1) Administration.— “(A) In general.— A nursing facility must be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident (consistent with requirements established under subsection (f)(5)). “(B) Required notices.— If a change occurs in— “(i) the persons with an ownership or control interest (as defined in section 1124(a)(3)) in the facility, “(ii) the persons who are officers, directors, agents, or managing employees (as defined in section 1126(b)) of the facility, “(iii) the corporation, association, or other company responsible for the management of the facility, or “(iv) the individual who is the administrator or director of nursing of the facility, the nursing facility must provide notice to the State agency responsible for the licensing of the facility, at the time of the change, of the change and of the identity of each new person, company, or individual described in the respective clause. “(C) Nursing facility administrator.— The administrator of a nursing facility must meet standards established by the Secretary under subsection (f)(4). “(2) Licensing and life safety code.— “(A) Licensing.— A nursing facility must be licensed under applicable State and local law. “(B) Life safety code.— A nursing facility must meet such provisions of such edition (as specified by the Secretary in regulation) of the Life Safety Code of the National Fire Protection Association as are applicable to nursing homes; except that— “(i) the Secretary may waive, for such periods as he deems appropriate, specific provisions of such Code which if rigidly applied would result in unreasonable hardship upon a facility, but only if such waiver would not adversely affect the health and safety of residents or personnel, and “(ii) the provisions of such Code shall not apply in any State if the Secretary finds that in such State there is in effect a fire and safety code, imposed by State law, which adequately protects residents of and personnel in nursing facilities. “(3) Sanitary and infection control and physical environment.— A nursing facility must— 101 STAT. 1330–196 “(A) establish and maintain an infection control program designed to provide a safe, sanitary, and comfortable environment in which residents reside and to help prevent the development and transmission of disease and infection, and “(B) be designed, constructed, equipped, and maintained in a manner to protect the health and safety of residents, personnel, and the general public. “(4) Miscellaneous.— “(A) Compliance with federal, state, and local laws and professional standards.— A nursing facility must operate and provide services in compliance with all applicable Federal, State, and local laws and regulations (including the requirements of section 1124 and with accepted professional standards and principles which apply to professionals providing services in such a facility. “(B) Other.— A nursing facility must meet such other requirements relating to the health and safety of residents or relating to the physical facilities thereof as the Secretary may find necessary.”. "
(c)State Requirements Relating to Nursing Facility Requirements.— [42 USC 1396r](/us/usc/t42/s1396r). Section 1919 of such Act is further amended by adding at the end the following new subsection: " “(e) State Requirements Relating to Nursing Facility Requirements.— As a condition of approval of 6565Copy read “approval its”. its plan under this title, a State must provide for the following: “(1) Specification and review of nurse aide training and competency evaluation programs and of nurse aide competency evaluation programs.— The State must— “(A) by not later than September 1, 1988, specify those training and competency evaluation programs, and those competency evaluation programs, that the State approves for purposes of subsection (b)(5) and that meet the requirements established under clause
(i)or
(ii)of subsection (f)(2)(A), and “(B) by not later than September 1, 1990, provide for the review and reapproval of such programs, at a frequency and using a methodology consistent with the requirements established under subsection (f)(2)(A)(iii). The failure of the Secretary to establish requirements under subsection (f)(2) shall not relieve any State of its responsibility under this paragraph. “(2) Nurse aide registry.— “(A) In general.— By not later than January 1, 1989, the State shall establish and maintain a registry of all individuals who have satisfactorily completed a nurse aide training and competency evaluation program, or a nurse aide competency evaluation program, approved under paragraph
(1)in the State. “(B) Information in registry.— The registry under subparagraph
(A)shall provide (in accordance with regulations of the Secretary) for the inclusion of specific documented findings by a State under subsection (g)(1)(C) of resident neglect or abuse or misappropriation of resident101 STAT. 1330–197 property involving an individual listed in the registry, as well as any brief statement of the individual disputing the findings. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding shall also include disclosure of any such statement in the registry relating to the finding or a clear and accurate summary of such a statement. “(3) State appeals process for transfers.— The State, for transfers from nursing facilities effected on or after October 1, 1989, must provide for a fair mechanism, meeting the guidelines established under subsection (f)(3), for hearing appeals on transfers of residents of such facilities; but the failure of the Secretary to establish such guidelines under such subsection shall not relieve any State of its responsibility under this paragraph. “(4) Nursing facility administrator standards.— By not later than July 1, 1989, the State must have implemented and enforced the nursing facility administrator standards developed under subsection (f)(4) respecting the qualification of administrators of nursing facilities. “(5) Specification of resident assessment instrument.— Effective July 1, 1990, the State shall specify the instrument to be used by nursing facilities in the State in complying with the requirement of subsection (b)(3)(A)(iii). Such instrument shall be— “(A) one of the instruments designated under subsection (f)(6)(B), or “(B) an instrument which the Secretary has approved as being consistent with the minimum data set of core elements, common definitions, and utilization guidelines specified by the Secretary under subsection (f)(6)(A). “(6) Notice of medicaid rights.— Each State, as a condition of approval of its plan under this title, effective April 1, 1988, must develop (and periodically update) a written notice of the rights and obligations of residents of nursing facilities (and spouses of such residents) under this title. “(7) State requirements for pre-admission screening and resident review.— “(A) Pre-admission screening.— Effective January 1, 1989, the State must have in effect a pre-admission screening program, for making determinations (using any criteria developed under subsection (f)(8)) described in subsection (b)(3)(F) for mentally ill and mentally retarded individuals (as defined in subparagraph (G)) who are admitted to nursing facilities on or after January 1, 1989. The failure of the Secretary to develop minimum criteria under subsection (f)(8) shall not relieve any State of its responsibility to have a pre-admission screening program under this subparagraph or to perform resident reviews under subparagraph (B). “(B) State requirement for annual resident review.— “(i) For mentally ill residents.— As of April 1, 1990, in the case of each resident of a nursing facility who is mentally ill, the State mental health authority must review and determine (using any criteria developed under subsection (f)(8) and based on an independent physical and mental evaluation performed by a101 STAT. 1330–198 person or entity other than the State mental health authority)— “(I) whether or not the resident, because of the resident’s physical and mental condition, requires the level of services provided by a nursing facility or requires the level of services of an inpatient psychiatric hospital for individuals under age 21 (as described in section 1905(h)) or of an institution for mental diseases providing medical assistance to individuals 65 years of age or older; and “(II) whether or not the resident requires active treatment for mental illness, “(ii) For mentally retarded residents.— As of April 1, 1990, in the case of each resident of a nursing facility who is mentally retarded, the State mental retardation or developmental disability authority must review and determine (using any criteria developed under subsection (f)(8))— “(I) whether or not the resident, because of the resident’s physical and mental condition, requires the level of services provided by a nursing facility or requires the level of services of an intermediate care facility described under section 1905(d); and “(II) whether or not the resident requires active treatment for mental retardation, “(iii) Frequency of reviews.— “(I) Annual.— Except as provided in subclauses
(II)and (III), the reviews and determinations under clauses
(i)and
(ii)must be conducted with respect to each mentally ill or mentally retarded resident not less often than annually. “(II) Pre-admission review cases.— In the case of a resident subject to a pre-admission review under subsection (b)(3)(F), the review and determination under clause
(i)or
(ii)need not be done until the resident has resided in the nursing facility for 1 year. “(III) Initial review.— The reviews and determinations under clauses
(i)and
(ii)must first be conducted (for each resident not subject to pre-admission review under subsection (b)(3)(F)) by not later than April 1, 1990. “(C) Response to pre-admission screening and resident review.— AS of April 1, 1990, the State must meet the following requirements: “(i) Long-term residents not requiring nursing facility services, but requiring active treatment.— In the case of a resident who is determined, under subparagraph (B), not to require the level of services provided by a nursing facility, but to require active treatment for mental illness or mental retardation, and who has continuously resided in a nursing facility for at least 30 months before the date of the determination, the State must, in consultation with the resident’s family or legal representative and care-givers— 101 STAT. 1330–199 “(I) inform the resident of the institutional and noninstitutional alternatives covered under the State plan for the resident, “(II) offer the resident the choice of remaining in the facility or of receiving covered services in an alternative appropriate institutional or noninstitutional setting, “(III) clarify the effect on eligibility for services under the State plan if the resident chooses to leave the facility (including its effect on readmission to the facility), and “(IV) regardless of the resident’s choice, provide for (or arrange for the provision of) such active treatment for the mental illness or mental retardation. A State shall not be denied payment under this title for nursing facility services for a resident described in this clause because the resident does not require the level of services provided by such a facility, if the resident chooses to remain in such a facility. “(ii) Other residents not requiring nursing facility services, but requiring active treatment.— In the case of a resident who is determined, under subparagraph (B), not to require the level of services provided by a nursing facility, but to require active treatment for mental illness or mental retardation, and who has not continuously resided in a nursing facility for at least 30 months before the date of the determination, the State must, in consultation with the resident’s family or legal representative and care-givers— “(I) arrange for the safe and orderly discharge of the resident from the facility, consistent with the requirements of subsection (c)(2), “(II) prepare and orient the resident for such discharge, and “(III) provide for (or arrange for the provision of) such active treatment for the mental illness or mental retardation, “(iii) Residents not requiring nursing facility services and not requiring active treatment.— In the case of a resident who is determined, under subparagraph (B), not to require the level of services provided by a nursing facility and not to require active treatment for mental illness or mental retardation, the State must— “(I) arrange for the safe and orderly discharge of the resident from the facility, consistent with the requirements of subsection (c)(2), and “(II) prepare and orient the resident for such discharge. “(D) Denial of payment where failure to conduct pre-admission screening.— No payment may be made under section 1903(a) with respect to nursing facility services furnished to an individual for whom a determination is required under subsection (b)(3)(F) or subparagraph
(B)but for whom the determination is not made. 101 STAT. 1330–200 “(E) Permitting alternative disposition plans.— WithContracts. respect to residents of a nursing facility who are mentally retarded or mentally ill and who are determined under subparagraph
(B)not to require the level of services of such a facility, but who require active treatment for mental illness or mental retardation, a State and the nursing facility shall be considered to be in compliance with the requirement of this paragraph if, before October 1, 1988, the State and the Secretary have entered into an agreement relating to the disposition of such residents of the facility and the State is in compliance with such agreement. Such an agreement may provide for the disposition of the residents after the date specified in subparagraph (C). “(F) Appeals procedures.— Each State, as a condition of approval of its plan under this title, effective January 1, 1989, must have in effect an appeals process for individuals adversely affected by determinations under subparagraph
(A)or (B). “(G) Definitions.— In this paragraph and in subsection (b)(3)(F): “(i) An individual is considered to be ‘mentally ill’ if the individual has a primary or secondary diagnosis of mental disorder (as defined in the Diagnostic and Statistical Manual of Mental Disorders, 3rd edition) and does not have a primary diagnosis of dementia (including Alzheimer’s disease or a related disorder), “(ii) An individual is considered to be ‘mentally retarded’ if the individual is mentally retarded or a person with a related condition (as described in section 1905(d)). “(iii) The term ‘active treatment’ has the meaning given such term by the Secretary in regulations, but does not include, in the case of a resident of a nursing facility, services within the scope of services which the facility must provide or arrange for its residents under subsection (b)(4). “(f) Responsibilities of Secretary Relating to Nursing Facility Requirements.— “(1) General responsibility.— It is the duty and responsibility of the Secretary to assure that requirements which govern the provision of care in nursing facilities under State plans approved under this title, and the enforcement of such requirements, are adequate to protect the health, safety, welfare, and rights of residents and to promote the effective and efficient use of public moneys. “(2) Requirements for nurse aide training and competency evaluation programs and for nurse aide competency evaluation programs.— “(A) In general.— For purposes of subsections (b)(5) and (e)(1)(A), the Secretary shall establish, by not later than July 1, 1988— “(i) requirements for the approval of nurse aide training and competency evaluation programs, including requirements relating to
(I)the areas to be covered in such a program (including at least basic nursing skills, personal care skills, cognitive, behavioral and social care, basic restorative services, and residents’101 STAT. 1330–201 rights), content of the curriculum,
(II)minimum hours of initial and ongoing training and retraining (including not less than 75 hours in the case of initial training),
(III)qualifications of instructors, and
(IV)procedures for determination of competency; “(ii) requirements for the approval of nurse aide competency evaluation programs, including requirement relating to the areas to be covered in such a program, including at least basic nursing skills, personal care skills, cognitive, behavioral and social care, basic restorative services, and residents’ rights, and procedures for determination of competency; “(iii) requirements respecting the minimum frequency and methodology to be used by a State in reviewing such programs’ compliance with the requirements for such programs. “(B) Approval of certain programs.— Such requirements— “(i) may permit approval of programs offered by or in facilities, as well as outside facilities (including employee organizations), and of programs in effect on the date of the enactment of this section; “(ii) shall permit a State to find that an individual who has completed (before January 1, 1989) a nurse aide training and competency evaluation program shall be deemed to have completed such a program approved under subsection (b)(5) if the State determines that, at the time the program was offered, the program met the requirements for approval under such paragraph; and “(iii) shall prohibit approval of such a program— “(I) offered by or in a nursing facility which has been determined to be out of compliance with the requirements of subsection (b), (c), or (d), within the previous 2 years, or “(II) offered by or in a nursing facility unless the State makes the determination, upon an individual’s completion of the program, that the individual is competent to provide nursing and nursing-related services in nursing facilities. A State may not delegate its responsibility under clause (iii)(II) to the nursing facility. “(3) Federal guidelines for state appeals process for transfers.— For purposes of subsections (c)(2)(B)(iii) and (e)(3), by not later than October 1, 1988, the Secretary shall establish guidelines for minimum standards which State appeals processes under subsection (e)(3) must meet to provide a fair mechanism for hearing appeals on transfers of residents from nursing facilities. “(4) Secretarial standards qualification of administrators.— For purposes of subsections (d)(1)(C) and (e)(4), the Secretary shall develop, by not later than March 1, 1988, standards to be applied in assuring the qualifications of administrators of nursing facilities. “(5) Criteria for administration.— The Secretary shall establish criteria for assessing a nursing facility’s compliance with the requirement of subsection (d)(1) with respect to— “(A) its governing body and management, 101 STAT. 1330–202 “(B) agreements with hospitals regarding transfers of residents to and from the hospitals and to and from other nursing facilities, “(C) disaster preparedness, “(D) direction of medical care by a physician, “(E) laboratory and radiological services, “(F) clinical records, and “(G) resident and advocate participation. “(6) Specification of resident assessment data set and instruments.— The Secretary shall— “(A) not later than January 1, 1989, specify a minimum data set of core elements and common definitions for use by nursing facilities in conducting the assessments required under subsection (b)(3), and establish guidelines for utilization of the data set; and “(B) by not later than April 1, 1990, designate one or more instruments which are consistent with the specification made under subparagraph
(A)and which a State may specify under subsection (e)(5)(A) for use by nursing facilities in complying with the requirements of subsection (b)(3)(A)(iii). “(7) List of items and services furnished in nursing facilities not chargeable to the personal funds of a resident.— “(A) Regulations required.— Pursuant to the requirement of section 21(b) of the Medicare-Medicaid Anti-Fraud and Abuse Amendments of 1977, the Secretary shall issue regulations, on or before the first day of the seventh month to begin after the date of enactment of this section, that define those costs which may be charged to the personal funds of patients in nursing facilities who are individuals receiving medical assistance with respect to nursing facility services under this title and those costs which are to be included in the payment amount under this title for nursing facility services. “(B) Rule if failure to publish regulations.— If the Secretary does not issue the regulations under subparagraph
(A)on or before the date required in that subparagraph, in the case of a resident of a nursing facility who is eligible to receive benefits for nursing facility services under this title, for purposes of section 1902(a)(28)(B), the Secretary shall be deemed to have promulgated regulations under this paragraph which provide that the costs which may not be charged to the personal funds of such resident (and for which payment is considered to be made under this title) do not include, at a minimum, the costs for routine personal hygiene items and services furnished by the facility. “(8) Federal minimum criteria and monitoring for pre-admission screening and resident review.— “(A) Minimum criteria.— The Secretary shall develop, by not later than October 1, 1988, minimum criteria for States to use in making determinations under subsections (b)(3)(F) and (e)(7)(B) and in permitting individuals adversely affected to appeal such determinations, and shall notify the States of such criteria. “(B) Monitoring compliance.— The Secretary shall review, in a sufficient number of cases to allow reasonable101 STAT. 1330–203 inferences, each State’s compliance with the requirements of subsection (e)(7)(C)(ii) (relating to discharge and placement for active treatment of certain residents). “(9) 6666Copy read “ “(8)”. Criteria for monitoring state waivers.— The Secretary shall develop, by not later than October 1, 1988, criteria and procedures for monitoring State performances in granting waivers pursuant to subsection (b)(4)(C)(ii).”. "
(b)Incorporating Requirements into State Plan.—
(1)In general.— Section 1902(a) of such Act (42 U.S.C. 1396a(a)) is amended—
(A)in paragraph (13)(A), by inserting “which, in the case of nursing facilities, take into account the costs of complying with subsections
(b)(other than paragraph (3)(F) thereof), (c), and
(d)of section 1919 and provide (in the case of a nursing facility with a waiver under section 1919(b)(4)(C)(ii)) for an appropriate reduction to take into account the lower costs (if any) of the facility for nursing care,” after “State” the second place it appears; and
(B)by amending paragraph
(28)to read as follows: " “(28) provide— “(A) that any nursing facility receiving payments under such plan must satisfy all the requirements of subsections
(b)through
(d)of section 1919 as they apply to such facilities; “(B) for including in ‘nursing facility services’ at least the items and services specified (or deemed to be specified) by the Secretary under section 1919(f)(7) and making available upon request a description of the items and services so included; “(C) for procedures to make available to the public the data and methodology used in establishing payment rates for nursing facilities under this title; and “(D) for compliance (by the date specified in the respective sections) with the requirements of— “(i) section 1919(f) (relating to implementation of, nursing facility requirements, including paragraph (6)(B), relating to specification of resident assessment instrument); “(ii) section 1919(g) (relating to responsibility for survey and certification of nursing facilities); and “(iii) sections 1919(h)(2)(B) and 1919(h)(2)(D) (relating to establishment and application of remedies);”. "
(2)State plan amendment required.— A plan of a State[42 USC 1396a note](/us/usc/t42/s1396a). under title XIX of the Social Security Act shall not be considered to have met the requirement of section 1902(a)(13)(A) of the Social Security Act (as amended by paragraph (1)(A) of this subsection), as of the first day of a Federal fiscal year (beginning on or after October 1, 1990), unless the State has submitted to the Secretary of Health and Human Services, as of April 1 before the fiscal year, an amendment to such State plan to provide for an appropriate adjustment in payment amounts for nursing facility services furnished during the Federal fiscal year. The Secretary shall, not later than September 80 before the fiscal year concerned, review each such plan amendment for101 STAT. 1330–204 compliance with such requirement and by such date shall approve or disapprove each such amendment. If the Secretary disapproves such an amendment, the State shall immediately submit a revised amendment which meets such requirement. The absence of approval of such a plan amendment does not relieve the State or any nursing facility of any obligation or requirement under title XIX of the Social Security Act (as amended by this Act).
(c)Evaluation.— The Secretary of Health and Human ServicesReports.[42 USC 1396r note](/us/usc/t42/s1396r). shall evaluate, and report to Congress by not later than January 1, 1993, on the implementation of the resident assessment process for residents of nursing facilities under the amendments made by this section.
(d)Funding.—
(1)In general.— Section 1903(a)(2) of such Act (42 U.S.C. 1396b(a)(2)) is amended—
(A)by inserting “(A)” after “(2)”, and
(B)by adding at the end the following new subparagraphs: " “(B) notwithstanding paragraph
(1)or subparagraph (A), with respect to amounts expended for nursing aide training and competency evaluation programs, and competency evaluation programs, described in section 1919(e)(1), regardless of whether the programs are provided in or outside nursing facilities or of the skill of the personnel involved in such programs, an amount equal to 50 percent of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to such programs; plus “(C) an amount equal to 75 percent of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to pre-admission screening and resident review activities conducted by the State under section 1919(e)(7); plus”. "
(2)Enhanced funding for nurse aide training.— For Calendar[42 USC 1396b note](/us/usc/t42/s1396b). quarters during fiscal years 1988 and 1989, with respect to payment under section 1903(a)(2)(B) of the Social Security Act to a State for additional amounts expended by the State under its plan approved under title XIX of such Act for nursing aide training and competency evaluation programs, and competency evaluation programs, described in section 1919(e)(1) of such title, any reference to “50 percent” is deemed a reference to the sum of the Federal medical assistance percentage (determined under section 1905(b) of such Act) plus 25 percentage points, but not to exceed 90 percent.
(e)Revision of Previous Definitions.— Section 1905 of such Act (42 U.S.C. 1396d) is amended—
(1)by amending subsection
(c)to read as follows: " “(c) For definition of the term ‘nursing facility’, see section 1919(a).”; "
(2)in subsection (d)—
(A)by striking “intermediate care facility services” and inserting “intermediate care facility for the mentally retarded”,
(B)by striking “may include services in a public” and inserting “means an”, 101 STAT. 1330–205
(C)in paragraph (3), by inserting “in the case of a public institution,” after “(3)”;
(3)in subsection (f), by striking “skilled” each place it appears; and
(4)by striking subsection (i).
(f)Making Coverage of Nursing Facility Services Mandatory for Adults.— Section 1905(a)(4)(A) of such Act (42 U.S.C. 1396d(a)(4)(A)) is amended by striking “skilled”.
(g)Elimination of Payment Differential.— Section 1903 of such Act (42 U.S.C. 1396b) is amended—
(1)by striking subsection (h), and
(2)in subsection (a)(1), by striking “, (h), and” and inserting “and”.
(h)Clarifying Terminology.—
(1)Section 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is amended—
(A)in subparagraph (A)(ii)(VI), by striking “skilled” and by inserting “for the mentally retarded” after “intermediate care facility”;
(B)in subparagraph (C)(iv), by striking “intermediate care facility services” and inserting “in an intermediate care facility”; and
(C)in subparagraph (D), by striking “skilled”.
(2)Section 1902(a)(13) of such Act (42 U.S.C. 1396a(a)(13)) is amended—
(A)in subparagraph (A), by striking “, skilled nursing facility, and intermediate care facility services” and inserting “services, nursing facility services, and services in an intermediate care facility for the mentally retarded”;6767Copy read “retarded”,”.
(B)in subparagraph (A), by striking “, skilled nursing facility, and intermediate care facility and” and inserting “nursing facility, and intermediate care facility for the mentally retarded and”;
(C)in subparagraph (C), by striking “skilled nursing facilities and intermediate care facilities” and inserting “nursing facilities”; and
(D)in subparagraph (D)—
(i)by striking “skilled nursing facility or intermediate care facility” and inserting “nursing facility”, and
(ii)by striking “skilled nursing facility services or intermediate care facility services” and inserting “nursing facility services”
(3)Section 1902(a)(30)(B) of such Act (42 U.S.C. 1396a(a)(30)(B)) is amended by striking “skilled nursing facility, intermediate care facility,” each place it appears and inserting “intermediate care facility for the mentally retarded,”.
(4)Section 1902(e)(3)(B)(i) of such Act (42 U.S.C. 1396a(e)(3)(B)(i)) is amended by striking “skilled nursing facility, or intermediate care facility” and inserting “nursing facility, or intermediate care facility for the mentally retarded”.
(5)Section 1902(e)(9) of such Act (42 U.S.C. 1396a(e)(9)) is amended—
(A)in subparagraph (A)(iii), by striking “skilled nursing facility, or intermediate care facility,” and inserting “nursing facility, or intermediate care facility for the mentally retarded” and 101 STAT. 1330–206
(B)in subparagraph (B), by striking “skilled nursing facilities, or intermediate care facilities” and inserting “nursing facilities, or intermediate care facilities for the mentally retarded”.
(6)Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended—
(A)in paragraph (5), by striking “skilled”,
(B)in paragraph (14), by striking “, skilled nursing facility services, and intermediate care facility services” and inserting “and nursing facility services”, and
(C)in paragraph (15), by striking “intermediate care facility services (other than such services” and inserting “services in an intermediate care facility for the mentally retarded (other than”.
(7)Section 1128B of such Act (42 U.S.C. 1320a–7b) is amended—
(A)in subsection (c), by striking “intermediate care facility” and inserting “nursing facility, intermediate care facility for the mentally retarded”, and
(B)in subsection (d)(2)(A), by striking “skilled nursing facility, or intermediate care facility” and inserting “nursing facility, or intermediate care facility for the mentally retarded”.
(8)Section 1911 of such Act (42 U.S.C. 1396j) is amended by striking “, intermediate care facility, or skilled nursing facility” each place it appears and inserting “or nursing facility”.
(9)Section 1913 of such Act (42 U.S.C. 13961) is amended—
(A)in the heading, by striking “skilled nursing and intermediate care services” and inserting “nursing facility services”;
(B)in subsection (a)—
(i)by striking “skilled nursing facility services and intermediate care facility services” and inserting “nursing facility services”, and
(ii)by inserting before the period at the end the following: “and which, with respect to the provision of such services, meets the requirements of subsections
(b)through
(d)of section 1919”;
(C)in subsection (b)(1)—
(i)by striking “skilled nursing or intermediate care facility services” and inserting “nursing facility services”, and
(ii)by striking “skilled nursing and intermediate care facilities” and inserting “nursing facilities”; and
(D)in subsection (b)(3), by striking “skilled nursing or intermediate care facility services” and inserting “nursing facility services”.
(10)Section 1915(c) of such Act (42 U.S.C. 1396n(c)) is amended—
(A)in paragraph (1), by striking “skilled nursing facility or intermediate care facility” and inserting “nursing facility or intermediate care facility for the mentally retarded”;
(B)in paragraph (2)(B)(i), by striking “, skilled nursing facility, or intermediate care facility services” and inserting “services, nursing facility services, or services in an intermediate care facility for the mentally retarded”;
(C)in paragraph (2)(B), by striking “need” and all that follows up to the semicolon and inserting “need for inpatient hospital services, nursing facility services, or services in an intermediate care facility for the mentally retarded”;
(D)in paragraph (2)(C), by striking “or skilled nursing facility or intermediate care facility” and inserting “, nursing facility, or intermediate care facility for the mentally retarded”; 101 STAT. 1330–207
(E)in paragraph (2)(C), by striking “or skilled nursing facility or intermediate care facility services” and inserting “, nursing facility services, or services in an intermediate care facility for the mentally retarded”;
(F)in paragraph (5), by striking “skilled nursing facility or intermediate care facility” and inserting “nursing facility or intermediate care facility for the mentally retarded”; and
(G)in paragraph (7), by striking “or in skilled nursing or intermediate care facilities” and inserting “, nursing facilities, or intermediate care facilities for the mentally retarded”.
(11)Section 1916 of such Act (42 U.S.C. 1396m) is amended, in[42 USC 1396o](/us/usc/t42/s1396o). subsections (a)(2)(C) and (b)(2)(C), by striking “skilled nursing facility, intermediate care facility” and inserting “nursing facility, intermediate care facility for the mentally retarded”.
(12)Section 1917 of such Act (42 U.S.C. 1396p), as amended by this title, is further amended—
(A)in subsections (a)(1)(B)(i) and (c)(2)(B)(i), by striking “skilled nursing facility, intermediate care facility” and inserting “nursing facility, intermediate care facility for the mentally retarded”, and
(B)in subsection (c)(3)(A), by striking “skilled”.
(i)Utilization Review.— Section 1903(i)(4) of such Act (42 U.S.C. 1396b(i)(4)) is amended by striking “or skilled nursing facility” each place it appears.
(j)Technical Assistance.— The Secretary of Health and Human[42 USC 1396a note](/us/usc/t42/s1396a). Services shall, upon request by a State, furnish technical assistance with respect to the development and implementation of reimbursement methods for nursing facilities that take into account the case mix of residents in the different facilities.
(k)Report on Staffing Requirements.— The Secretary of Health[42 USC 1396r note](/us/usc/t42/s1396r). and Human Services shall report to Congress, by not later than January 1, 1993, on the progress made in implementing the nursing facility staffing requirements of subparagraph
(C)of section 1919(b)(4) of the Social Security Act (as amended by subsection
(a)of this section), including the number and types of waivers approved under subparagraph (C)(ii) of such section and the number of facilities which have received waivers.
(l)Conforming Amendment.— Section 9516(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985 is amended by striking[42 USC 1396r–3 note](/us/usc/t42/s1396r–3). “section 1919” and inserting “section 1922”. SEC. 4212. SURVEY AND CERTIFICATION PROCESS.
(a)In general.— Section 1919 of the Social Security Act, as inserted by section 4211, is amended by adding at the end the following new subsection: " “(g) Survey and Certification Process.— “(1) State and federal responsibility.— “(A) In general.— Under each State plan under this title, the State shall be responsible for certifying, in accordance with surveys conducted under paragraph (2), the compliance of nursing facilities (other than facilities of the State) with the requirements of subsections (b), (c), and (d). The Secretary shall be responsible for certifying, in accordance with surveys conducted under paragraph (2), the compliance of State nursing facilities with the requirements of such subsections. 101 STAT. 1330–208 “(B) Educational program.— Each State shall conduct periodic educational programs for the staff and residents (and their representatives) of nursing facilities in order to present current regulations, procedures, and policies under this section. “(C) Investigation of allegations of resident neglect and abuse and misappropriation of resident property.— The State shall provide, through the agency responsible for surveys and certification of nursing facilities under this subsection, for a process for the receipt, review, and investigation of allegations of neglect and abuse and misappropriation of resident property by a nurse aide of a resident in a nursing facility. If the State finds, after notice to the nurse aide involved and a reasonable opportunity for a hearing for the nurse aide to rebut allegations, that a nurse aide whose name is contained in a nurse aide registry has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the nurse aide and the registry of such finding. “(D) Construction.— The failure of the Secretary to establish standards under subsection
(f)shall not relieve a State of its responsibility under this subsection. “(2) Surveys.— “(A) Annual standard survey.— “(i) In general.— Each nursing facility shall be subject to a 6868Copy read “to an standard”. standard survey, to be conducted without any prior notice to the facility. Any individual who notifies (or causes to be notified) a nursing facility of the time or date on which such a survey is scheduled to be conducted is subject to a civil money penalty of not to exceed $2,000. The Secretary shall provide for imposition of civil money penalties under this clause in a manner similar to that for the imposition of civil money penalties under section 1128A. The Secretary shall review each State’s procedures for scheduling and conduct of standard surveys to assure that the State has taken all reasonable steps to avoid giving notice of such a survey through the scheduling procedures and the conduct of the surveys themselves. “(ii) Contents.— Each standard survey shall include, for a case-mix stratified sample of residents— “(I) a survey of the quality of care furnished, as measured by indicators of medical, nursing, and rehabilitative care, dietary and nutrition services, activities and social participation, and sanitation, infection control, and the physical environment, “(II) written plans of care provided under subsection (b)(2) and an audit of the residents’ assessments under subsection (b)(3) to determine the accuracy of such assessments and the adequacy of such plans of care, and “(III) a review of compliance with residents’ rights under subsection (c). “(iii) Frequency.— 101 STAT. 1330–209 “(I) In general.— Each nursing facility shall be subject to a standard survey not later than 15 months after the date of the previous standard survey conducted under this subparagraph. The statewide 6969Copy read “Statewide”. average interval between standard surveys of a nursing facility shall not exceed 12 months. “(II) Special surveys.— If not otherwise conducted under subclause (I), a standard survey (or an abbreviated standard survey) may be conducted within 2 months of any change of ownership, administration, management of a nursing facility, or director of nursing in order to determine whether the change has resulted in any decline in the quality of care furnished in the facility. “(B) Extended surveys.— “(i) In general.— Each nursing facility which is found, under a standard survey, to have provided substandard quality of care shall be subject to an extended survey. Any other facility may, at the Secretary’s or State’s discretion, be subject to such an extended survey (or a partial extended survey). “(ii) Timing.— The extended survey shall be conducted immediately after the standard survey (or, if not practical, not later than 2 weeks after the date of completion of the standard survey). “(iii) Contents.— In such an extended survey, the survey team shall review and identify the policies and procedures which produced such substandard quality of care and shall determine whether the facility has complied with all the requirements described in subsections (b), (c), and (d). Such review shall include an expansion of the size of the sample of residents’ assessments reviewed and a review of the staffing, of in-service training, and, if appropriate, of contracts with consultants. “(iv) Construction.— Nothing in this paragraph shall be construed as requiring an extended or partial extended survey as a prerequisite to imposing a sanction against a facility under subsection
(h)on the basis of findings in a standard survey. “(C) Survey protocol.— Standard and extended surveys shall be conducted— “(i) based upon a protocol which the Secretary has developed, tested, and validated by not later than January 1, 1990, and “(ii) by individuals, of a survey team, who meet such minimum qualifications as the Secretary establishes by not later than such date. The failure of the Secretary to develop, test, or validate such protocols or to establish such minimum qualifications shall not relieve any State of its responsibility (or the Secretary of the Secretary’s responsibility) to conduct surveys under this subsection. 101 STAT. 1330–210 “(D) Consistency of surveys.— Each State shall implement programs to measure and reduce inconsistency in the application of survey results among surveyors. “(E) Survey teams.— “(i) In general.— Surveys under this subsection shall be conducted by a multidisciplinary team of professionals (including a registered professional nurse). “(ii) Prohibition of conflicts of interest.— A State may not use as a member of a survey team under this subsection an individual who is serving (or has served within the previous 2 years) as a member of the staff of, or as a consultant to, the facility surveyed respecting compliance with the requirements of subsections (b), (c), and (d), or who has a personal or familial financial interest in the facility being surveyed. “(iii) Training.— The Secretary shall provide for the comprehensive training of State and Federal surveyors in the conduct of standard and extended surveys under this subsection, including the auditing of resident assessments and plans of care. No individual shall serve as a member of a survey team unless the individual has successfully completed a training and testing program in survey and certification techniques that has been approved by the Secretary. “(3) Validation surveys.— “(A) In general.— The Secretary shall conduct onsite surveys of a representative sample of nursing facilities in each State, within 2 months of the date of surveys conducted under paragraph
(2)by the State, in a sufficient number to allow inferences about the adequacies of each State’s surveys conducted under paragraph (2). In conducting such surveys, the Secretary shall use the same survey protocols as the State is required to use under paragraph (2). If the State has determined that an individual nursing facility meets the requirements of subsections (b), (c), and (d), but the Secretary determines that the facility does not meet such requirements, the Secretary’s determination as to the facility s noncompliance with such requirements is binding and supersedes that of the State survey. “(B) Scope.— With respect to each State, the Secretary shall conduct surveys under subparagraph
(A)each year with respect to at least 5 percent of the number of nursing facilities surveyed by the State in the year, but in no case less than 5 nursing facilities in the State. “(C) Reduction in administrative costs for substandard performance.— If the Secretary finds, on the basis of such surveys, that a State has failed to perform surveys as required under paragraph
(2)or that a State’s survey and certification performance otherwise is not adequate, the Secretary may provide for the training of survey teams in the State and shall provide for a reduction of the payment otherwise made to the State under section 1903(a)(2)(D) with respect to a quarter equal to 33 percent multiplied by a fraction, the denominator of which is equal to the total number of residents in nursing facilities surveyed by the Secretary that quarter and the numerator of which is equal to the total number of residents in nursing101 STAT. 1330–211facilities which were found pursuant to such surveys to be not in compliance with any of the requirements of subsections (b), (c), and (d). A State that is dissatisfied with the Secretary’s findings under this subparagraph may obtain reconsideration and review of the findings under section 1116 in the same manner as a State may seek reconsideration and review under that section of the Secretary’s determination under section 1116(a)(1). “(C) Special surveys of compliance.— Where the Secretary has reason to question the compliance of a nursing facility with any of the requirements of subsections (b), (c), and (d), the Secretary may conduct a survey of the facility and, on that basis, make independent and binding determinations concerning the extent to which the nursing facility meets such requirements. “(4) Investigation of complaints and monitoring nursing facility compliance.— Each State shall maintain procedures and adequate staff to— “(A) investigate complaints of violations of requirements by nursing facilities, and “(B) monitor, on-site, on a regular, as needed basis, a nursing facility’s compliance with the requirements of subsections (b), (c), and (d), if— “(i) the facility has been found not to be in compliance with such requirements and is in the process of correcting deficiencies to achieve such compliance; “(ii) the facility was previously found not to be in compliance with such requirements, has corrected deficiencies to achieve such compliance, and verification of continued compliance is indicated; or “(iii) the State has reason to question the compliance of the facility with such requirements. A State may maintain and utilize a specialized team (including an attorney, an auditor, and appropriate health care professionals) for the purpose of identifying, surveying, gathering and preserving evidence, and carrying out appropriate enforcement actions against chronically substandard nursing facilities. “(5) Disclosure of results of inspections and activities.— “(A) Public information.— Each State, and the Secretary, shall make available to the public— “(i) information respecting all surveys and certifications made respecting nursing facilities, including statements of deficiencies and plans of correction, “(ii) copies of cost reports of such facilities filed under this title or under title XVIII, “(iii) copies of statements of ownership under section 1124, and “(iv) information disclosed under section 1126. “(B) Notice to ombudsman.— Each State shall notify the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965) of the State’s findings of noncompliance with any of the requirements of subsections (b), (c), and (d), with respect to a nursing facility in the State. “(C) Notice to physicians and nursing facility administrator licensing board.— If a State finds that a101 STAT. 1330–212 nursing facility has provided substandard quality of care, the State shall notify— “(i) the attending physician of each resident with respect to which such finding is made, and “(ii) any State board responsible for the licensing of the nursing facility administrator of the facility. “(D) Access to fraud control units.— Each State shall provide its State medicaid fraud and abuse control unit (established under section 1903(q)) with access to all information of the State agency responsible for surveys and certifications under this subsection.”. "
(b)Posting Survey Results.— Section 1864(a) of such Act (42 U.S.C. 1395aa(a)) is amended by inserting, after “readily available form and place” in the fifth sentence, the following: “, and require (in the case of skilled nursing facilities) the posting in a place readily accessible to patients (and patients’ representatives),”.
(c)Increasing Matching Percentage for Nursing Home Survey and Certification Activities.—
(1)Section 1903(a)(2) of such Act (42 U.S.C. 1396b(a)(2)), as amended by this title, is further amended by adding at the end the following new subparagraph: " “(D) for each calendar quarter during— “(i) fiscal year 1991, an amount equal to 90 percent, “(ii) fiscal year 1992, an amount equal to 85 percent, “(iii) fiscal year 1993, an amount equal to 80 percent, and “(iv) fiscal year 1994 and thereafter, an amount equal to 75 percent, " of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to State activities under section 1919(g); plus”.
(2)Section 1903(r) of such Act (42 U.S.C. 1396b(r)) is amended by striking “paragraphs (2)” each place it appears and inserting “paragraphs (2)(A)”.
(3)For purposes of section 1903(a) of the Social Security Act,[42 USC 1396b note](/us/usc/t42/s1396b). proper expenses incurred by a State for medical review by independent professionals of the care provided to residents of nursing facilities who are entitled to medical assistance under title XIX of such Act shall be reimbursable as expenses necessary for the proper and efficient administration of the State plan under that title.
(d)Revision of Penalty Provisions.—
(1)Section 1903(g) of such Act (42 U.S.C. 1396b(g)) is amended—
(A)in paragraph (1)—
(i)by striking “or intermediate care facility services” the first place it appears and inserting “or services in an intermediate care facility for the mentally retarded”,
(ii)by striking “, skilled nursing facility services for 30 days,”,
(iii)by striking “, skilled nursing facility services, or intermediate care facility services” and inserting “or services in an intermediate care facility for the mentally retarded”,
(iv)by striking “, skilled nursing facilities, and intermediate care facilities” and inserting “and intermediate care facilities for the mentally retarded”;
(B)in paragraph (4)(B), by striking “, skilled nursing facilities, and intermediate care facilities” and inserting “and intermediate care facilities for the mentally retarded”; 101 STAT. 1330–213
(C)in paragraph (6)—
(i)by striking subparagraph (B),
(ii)in subparagraph (C), by striking “intermediate care facility services” and inserting “services in an intermediate care facility for the mentally retarded”, and
(iii)by redesignating subparagraphs
(C)and
(D)as subparagraphs
(B)and (C), respectively; and
(D)by striking paragraph (7).
(2)Section 1902(a)(31) of such Act (42 U.S.C. 1396a(a)(31)) is amended—
(A)in the matter before subparagraph (A), by striking “skilled nursing facility services” and all that follows through “where” and inserting “"services in an intermediate care facility for the mentally retarded (where"”, and
(B)in subparagraph (B), by striking “skilled nursing or intermediate care facility” and inserting “intermediate care facility for the mentally retarded”.
(3)Section 1902(a)(33)(B) of such Act (42 U.S.C. 1396a(a)(33)(B)) is amended by inserting “, except as provided in section 1919(d),” after “(B) that”.
(4)The amendments made by this subsection shall not apply to aEffective date.[42 USC 1396a note](/us/usc/t42/s1396a). State until such date (not earlier than October 1, 1990) as of which the Secretary determines that—
(A)the State has specified the resident assessment instrument under section 1919(e)(5) of the Social Security Act, and
(B)the State has begun conducting surveys under section 1919(g)(2) of such Act.
(e)Miscellaneous Conforming Amendments.—
(1)Section 1902(a)(44) of such Act (42 U.S.C. 1396a(a)(44)) is amended—
(A)in the matter before subparagraph (A), by striking “skilled nursing facility services, intermediate care facility services” and inserting “services in an intermediate care facility for the mentally retarded”, and
(B)in subparagraph (A), by striking “that are intermediate care facility services in an institution for the mentally retarded” and inserting “that are services in an intermediate care facility for the mentally retarded”.
(2)Section 1903(a)(7) of such Act (42 U.S.C. 1396b(a)(7)) is amended by inserting “subject to section 1919(g)(3)(B),” after “(7)”.
(3)Section 1910 of such Act (42 U.S.C. 13961) is amended—
(A)by striking “skilled nursing facilities and” in the heading,
(B)by striking subsection (a), and
(C)by redesignating subsections
(b)and
(c)as subsections
(a)and
(b)respectively.
(4)Section 1866(c) of such Act (42 U.S.C. 1395cc(c)) is amended by striking paragraph
(2)and by redesignating paragraph
(3)as paragraph (2). SEC. 4213. ENFORCEMENT PROCESS.
(a)In general.— Section 1919 of the Social Security Act, as inserted by section 4201 and amended by section 4202, is further amended by adding at the end the following new subsection: " “(h) Enforcement Process.— “(1) In general.— If a State finds, on the basis of a standard, extended, or partial extended survey under subsection (g)(2) or otherwise, that a nursing facility no longer meets a requirement101 STAT. 1330–214 of subsection 0)), (c), or (d), and further finds that the facility’s deficiencies— “(A) immediately jeopardize the health or safety of its residents, the State shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in paragraph (2)(A)(iii), or terminate the facility’s participation under the State plan and may provide, in addition, for one or more of the other remedies described in paragraph (2); or “(B) do not immediately jeopardize the health or safety of its residents, the State may— “(i) terminate the facility’s participation under the State plan, “(ii) provide for one or more of the remedies described in paragraph (2), or “(iii) do both. Nothing in this paragraph shall be construed as restricting the remedies available to a State to remedy a nursing facility’s deficiencies. If a State finds that a nursing facility meets the requirements of subsections (b), (c), and (d), but, as of a previous period, did not meet such requirements, the State may provide for a civil money penalty under paragraph (2)(A)(i) for the days in which it finds that the facility was not in compliance with such requirements. “(2) Specified remedies.— Regulations. “(A) Listing.— Except as provided in subparagraph (B)(ii), each State shall establish by law (whether statute or regulation) at least the following remedies: " “(i) Denial of payment under the State plan with respect to any individual admitted to the nursing facility involved after such notice to the public and to the facility as may be provided for by the State. “(ii) A civil money penalty assessed and collected, with interest, for each day in which the facility is or was out of compliance with a requirement of subsection (b), (c), or (d). Funds collected by a State as a result of imposition of such a penalty (or as a result of the imposition by the State of a civil money penalty for activities described in subsections (b)(3)(B)(ii)(I), (b)(3)(B)(ii)(II), or (g)(2)(A)(i)) shall be applied to the protection of the health or property of residents of nursing facilities that the State or the Secretary finds deficient, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost. “(iii) The appointment of temporary management to oversee the operation of the facility and to assure the health and safety of the facility s residents, where there is a need for temporary management while— “(I) there is an orderly closure of the facility, or “(II) improvements are made in order to bring the facility into compliance with all the requirements of subsections (b), (c), and (d). The temporary management under this clause shall not be terminated under subclause
(II)until the State101 STAT. 1330–215 has determined that the facility has the management capability to ensure continued compliance with all the requirements of subsections (b), (c), and (d). “(iv) The authority, in the case of an emergency, to close the facility, to transfer residents in that facility to other facilities, or both. The State also shall specify criteria, as to when and how each of such remedies is to be applied, the amounts of any fines, and the severity of each of these remedies, to be used in the imposition of such remedies. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the remedies and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies. In addition, the State may provide for other specified remedies, such as directed plans of correction. " “(B) Deadline and guidance.—
(i)Except as provided in clause (ii), as a condition for approval of a State plan for calendar quarters beginning on or after October 1, 1989, each State shall establish the remedies described in clauses
(i)through
(iv)of subparagraph
(A)by not later than October 1, 1989. The Secretary shall provide, through regulationsRegulations. or otherwise by not later than October 1, 1988, guidance to States in establishing such remedies; but the failure of the Secretary to provide such guidance shall not relieve a State of the responsibility for establishing such remedies. “(ii) A State may establish alternative remedies (other than termination of participation) other than those described in clauses
(i)through
(iv)of subparagraph (A), if the State demonstrates to the Secretary’s satisfaction that the alternative remedies are as effective in deterring noncompliance and correcting deficiencies as those described in subparagraph (A). “(C) Assuring prompt compliance.— If a nursing facility has not complied with any of the requirements of subsections (b), (c), and (d), within 3 months after the date the facility is found to be out of compliance with such requirements, the State shall impose the remedy described in subparagraph (A)(i) for all individuals who are admitted to the facility after such date. “(D) Repeated noncompliance.— In the case of a nursing facility which, on 3 consecutive standard surveys conducted under subsection (g)(2), has been found to have provided substandard quality of care, the State shall (regardless of what other remedies are provided)— “(i) impose the remedy described in subparagraph (A)(i), and “(ii) monitor the facility under subsection (g)(4)(B), until the facility has demonstrated, to the satisfaction of the State, that it is in compliance with the requirements of subsections (b), (c), and (d), and that it will remain in compliance with such requirements. “(E) Funding.— The reasonable expenditures of a State to provide for temporary management and other expenses associated with implementing the remedies described in clauses
(iii)and
(iv)of subparagraph
(A)shall be considered,101 STAT. 1330–216 for purposes of section 1903(a)(7), to be necessary for the proper and efficient administration of the State plan. “(F) Incentives for high quality care.— In addition to the remedies specified in this paragraph, a State may establish a program to reward, through public recognition, incentive payments, or both, nursing facilities that provide the highest quality care to residents who are entitled to medical assistance under this title. For purposes of section 1903(a)(7), proper expenses incurred by a State in carrying out such a program shall be considered to be expenses necessary for the proper and efficient administration of the State plan under this title. “(3) Secretarial authority.— “(A) For state nursing facilities.— With respect to a State nursing facility, the Secretary shall have the authority and duties of a State under this subsection, including the authority to impose remedies described in clauses (i), (ii), and
(iii)of paragraph (2)(A). “(B) Other nursing facilities.— With respect to any other nursing facility in a State, if the Secretary finds that a nursing facility no longer meets a requirement of subsection (b), (c), (d), or (e), and further finds that the facility’s deficiencies— “(i) immediately jeopardize the health or safety of its residents, the Secretary shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in subparagraph (C)(iii), or terminate the facility’s participation under the State plan and may provide, in addition, for one or more of the other remedies described in subparagraph (C); or “(ii) do not immediately jeopardize the health or safety of its residents, the Secretary may impose any of the remedies described in subparagraph (C). Nothing in this subparagraph shall be construed as restricting the remedies available to the Secretary to remedy a nursing facility’s deficiencies. If the Secretary finds that a nursing facility meets such requirements but, as of a previous period, did not meet such requirements, the Secretary may provide for a civil money penalty under subparagraph (C)(ii) for the days on which he finds that the facility was not in compliance with such requirements. “(C) Specified remedies.— The Secretary may take the following actions with respect to a finding that a facility has not met an applicable requirement: " “(i) Denial of payment.— The Secretary may deny any further payments to the State for medical assistance furnished by the facility to all individuals in the facility or to individuals admitted to the facility after the effective date of the finding. “(ii) Authority with respect to civil money penalties.— The Secretary may impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance and the Secretary shall impose and collect such a penalty in the same manner as civil money penalties are imposed and collected under section 1128A. 101 STAT. 1330–217 “(iii) Appointment of temporary management.— In consultation with the State, the Secretary may appoint temporary management to oversee the operation of the facility and to assure the health and safety of the facility’s residents, where there is a need for temporary management while— “(I) there is an orderly closure of the facility, or “(II) improvements are made in order to bring the facility into compliance with all the requirements of subsections (b), (c), and (d). The temporary management under this clause shall not be terminated under subclause
(II)until the Secretary has determined that the facility has the management capability to ensure continued compliance with all the requirements of subsections (b), (c), and (d). The Secretary shall specify criteria, as to when and how each of such remedies is to be applied, the amounts of any fines, and the severity of each of these remedies, to be used in the imposition of such remedies. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the remedies and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies. In addition, the Secretary may provide for other specified remedies, such as directed plans of correction. " “(D) Continuation of payments pending remediation.— The Secretary may continue payments, over a period of not longer than 6 months, under this title with respect to a nursing facility not in compliance with a requirement of subsection (b), (c), or (d), if— “(i) the State survey agency finds that it is more appropriate to take alternative action to assure compliance of the facility with the requirements than to terminate the certification of the facility, “(ii) the State has submitted a plan and timetable for corrective action to the Secretary for approval and the Secretary approves the plan of corrective action, and “(iii) the State agrees to repay to the Federal Government payments received under this subparagraph if the corrective action is not taken in accordance with the approved plan and timetable. The Secretary shall establish guidelines for approval of corrective actions requested by States under this subparagraph. “(4) Effective period of denial of payment.— A finding to deny payment under this subsection shall terminate when the State or Secretary (or both, as the case may be) finds that the facility is in substantial compliance with all the requirements of subsections (b), (c), and (d). “(5) Immediate termination of participation for facility where state or secretary finds noncompliance and immediate jeopardy.— If either the State or the Secretary finds that a nursing facility has not met a requirement of subsection (b), (c), or (d), and finds that the failure immediately jeopardizes the health or safety of its residents, the State and the Secretary shall notify the other of such finding, and the State or the Secretary, respectively, shall take immediate action to remove101 STAT. 1330–218 the jeopardy and correct the deficiencies through the remedy specified in paragraph (2)(A)(iii) or (3)(C)(iii), or terminate the facility’s participation under the State plan. If the facility’s participation in the State plan is terminated by either the State or the Secretary, the State shall provide for the safe and orderly transfer of the residents eligible under the State plan consistent with the requirements of subsection (c)(2). “(6) Special rules where state and secretary do not agree on finding of noncompliance.— “(A) State finding of noncompliance and no secretarial finding of noncompliance.— If the Secretary finds that a nursing facility has met all the requirements of subsections (b), (c), and (d), but a State finds that the facility has not met such requirements and the failure does not immediately jeopardize the health or safety of its residents, the State’s findings shall control and the remedies imposed by the State shall be applied. “(B) Secretarial finding of noncompliance and no state finding of noncompliance.— If the Secretary finds that a nursing facility has not met all the requirements of subsections (b), (c), and (d), and that the failure does not immediately jeopardize the health or safety of its residents, but the State has not made such a finding, the Secretary— “(i) may impose any remedies specified in paragraph (3)(C) with respect to the facility, and “(ii) shall (pending any termination by the Secretary) permit continuation of payments in accordance with paragraph (3)(D). “(7) Special rules for timing of termination of participation where remedies overlap.— If both the Secretary and the State find that a nursing facility has not met all the requirements of subsections (b), (c), and (d), and neither finds that the failure immediately jeopardizes the health or safety of its residents— “(A)
(i)if both find that the facility’s participation under the State plan should be terminated, the State’s timing of any termination shall control so long as the termination date does not occur later than 6 months after the date of the finding to terminate; “(ii) if the Secretary, but not the State, finds that the facility’s participation under the State plan should be terminated, the Secretary shall (pending any termination by the Secretary) permit continuation of payments in accordance with paragraph (3)(D); or “(iii) if the State, but not the Secretary, finds that the facility’s participation under the State plan should be terminated, the State’s decision to terminate, and timing of such termination, shall control; and “(B)
(i)if the Secretary or the State, but not both, establishes one or more remedies which are additional or alternative to the remedy of terminating the facility’s participation under the State plan, such additional or alternative remedies shall also be applied, or “(ii) if both the Secretary and the State establish one or more remedies which are additional or alternative to the remedy of terminating the facility’s participation under the101 STAT. 1330–219 the Secretary shall apply. “(8) Construction.— The remedies provided under this subsection are in addition to those otherwise available under State or Federal law and shall not be construed as limiting such other remedies, including any remedy available to an individual at common law. The remedies described in clauses (i), (iii), and
(iv)of paragraph (2)(A) may be imposed during the pendency of any hearing. “(9) Sharing of information.— Notwithstanding any other provision of law, all information concerning nursing facilities required by this section to be filed with the Secretary or a State agency shall be made available to Federal or State employees for purposes consistent with the effective administration of programs established under this title and title XVIII, including investigations by State medicaid fraud control units.”, "
(b)Conforming Amendments.—
(1)Section 1902 of such Act (42 U.S.C. 1396a) is amended by striking subsection (i).
(2)Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended by striking the period at the end of paragraph
(7)and inserting “; or” and by adding at the end the following new paragraph: " “(8) with respect to any amount expended for medical assistance for nursing facility services to reimburse (or otherwise compensate) a nursing facility for payment of a civil money penalty imposed under section 1919(h).”. " SEC. 4214. EFFECTIVE DATES. [42 USC 1396r note](/us/usc/t42/s1396r).
(a)New Requirements and Survey and Certification Process.— Except as otherwise specifically provided in section 1919 of the Social Security Act, the amendments made by sections 4211 and 4212 (relating to nursing facility requirements and survey and certification requirements) shall apply to nursing facility services furnished on or after October 1, 1990, without regard to whether regulations to implement such amendments are promulgated by such date; except that section 1902(a)(28)(B) of the Social Security Act (as amended by section 4211(b) of this Act), relating to requiring State medical assistance plans to specify the services included in nursing facility services, shall apply to calendar quarters beginning more than 6 months after the date of the enactment of this Act, without regard to whether regulations to implement such section are promulgated by such date.
(b)Enforcement.—
(1)Except as otherwise specifically provided in section 1919 of the Social Security Act, the amendments made by section 4213 of this Act apply to payments under title XIX of the Social Security Act for calendar quarters beginning on or after the date of the enactment of this Act, without regard to whether regulations to implement such amendments are promulgated by such date.
(c)Transitional Rule.— In applying the amendments made by this part for services furnished before October 1, 1990—
(A)any reference to a nursing facility is deemed a reference to a skilled nursing facility or intermediate care facility (other than an intermediate care facility for the mentally retarded), and
(B)with respect to such a skilled nursing facility or intermediate care facility, any reference to a requirement of subsection101 STAT. 1330–220 (b), (c), or (d), is deemed a reference to the provisions of section 186l(j) or section 1905(c), respectively, of the Social Security Act.
(d)Waiver Of Paperwork Reduction.— Chapter 35 of title 44, United States Code, shall not apply to information required for purposes of carrying out this part and implementing the amendments made by this part. SEC. 4215. ANNUAL REPORT. [42 USC 1396r note](/us/usc/t42/s1396r). The Secretary of Health and Human Services shall report to the Congress annually on the extent to which nursing facilities are complying with the requirements of subsections (b), (c), and
(d)of section 1919 of the Social Security Act (as added by the amendments made by this part) and the number and type of enforcement actions taken by States and the Secretary under section 1919(h) of such Act (as added by section 4213 of this Act). SEC. 4216. CONSTRUCTION. [42 USC 1396r](/us/usc/t42/s1396r). Section 1919 of the Social Security Act is amended by adding at the end the following new subsection: " “(i) Construction.— Where requirements or obligations under this section are identical to those provided under section 1819 of this Act, the fulfillment of those requirements or obligations under section 1819 shall be considered to be the fulfillment of the corresponding requirements or obligations under this section.”. " SEC. 4217. FINAL REGULATIONS WITH RESPECT TO PLANS OF CORRECTION OR REDUCTION. Effective date.[42 USC 1396r–3 note](/us/usc/t42/s1396r–3).
(a)In General.— Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the amendments made by section 9516 of the Consolidated Omnibus Budget Reconciliation Act of 1985.
(b)The regulations promulgated under paragraph
(1)shall be [100 Stat. 82](/us/stat/100/82). effective as if promulgated on the date of enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985. SEC. 4218. MEDICAID CERTIFICATIONS AND RECERTIFICATIONS FOR CERTAIN SERVICES.
(a)In General.— Section 1902(a)(44) of the Social Security Act (42 U.S.C. 1396a(a)(44)) is amended—
(1)in subparagraph (A)—
(A)by striking “physician certifies” and inserting “physician (or, in the case of skilled nursing facility services or intermediate care facility services, a physician, or a nurse practitioner or clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician) certifies”, and
(B)by striking “the physician, or a physician assistant or nurse practitioner under the supervision of a physician,” and inserting “a physician, a physician assistant under the supervision of a physician, or, in the case of skilled nursing facility services or intermediate care facility services, a physician, or a nurse practitioner or clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician,”; and
(2)in subparagraph (B), by striking “a physician;” and inserting “a physician, or, in the case of skilled nursing facility101 STAT. 1330–221 services or intermediate care facility services, a physician, or a nurse practitioner or clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician;”.
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 1396a note](/us/usc/t42/s1396a). shall apply with respect to certifications or recertifications during the period beginning on July 1, 1988, and ending on October 1, 1990. Subtitle D— Vaccine Compensation Vaccine Compensation Amendments of 1987. SEC. 4301. SHORT TITLE, REFERENCE.
(a)Short Title.— This subtitle may be cited as the “Vaccine[42 USC 201 note](/us/usc/t42/s201). Compensation Amendments of 1987”.
(b)Reference.— Whenever in this subtitle (other than in section 4302(a)) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act. SEC. 4302. EFFECTIVE DATE.
(a)In General.— Section 323(a) of the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. 300aa–l note) is amended by striking out “Subtitle 2 of such title and this title shall take effect on the effective date of a tax” and all that follows in that section and inserting in lieu thereof “parts A and B of subtitle 2 of such title shall take effect on October 1, 1988 and parts C and D of such title and this title shall take effect on the date of the enactment of the Vaccine Compensation Amendments of 1987.”.
(b)References.—
(1)Sections 2111, 2115, 2119(a), 2122, 2123, 2125, 2126, 2127,[42 USC 300aa–i9](/us/usc/t42/s300aa–i9). and 2128 (42 U.S.C. 300aa–ll, 300aa–15, 300aa–199a), 300aa–22, 300aa–23, 300aa–25, 300aa–26, 300aa–27, 300aa–28) are each amended by striking out “effective date of this subtitle” each place it appears and inserting in lieu thereof “effective date of this part”.
(2)Sections 2111(a)(5)(A), 2115(e)(2) and 2116 (42 U.S.C. 300aa–11(a)(5)(A),[42 USC 300aa–16](/us/usc/t42/s300aa–16). 300aa–15(e)(2), 300a–16) are each amended by striking out “effective date of this title” each place it appears and inserting in lieu thereof “effective date of this part”. SEC. 4303. COMPENSATION.
(a)Source.— Section 2115 (42 U.S.C. 300aa–15) is amended by adding at the end the following: “(i) Source of compensation.— “(1) Payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part shall be made from appropriations under subsection (i). “(2) Payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine on or after the effective date of this part shall be made from the Vaccine Injury Compensation Trust Fund established under section 9510 of the Internal Revenue Code of 1986.”. 101 STAT. 1330–222
(b)Authorization.— Section 2115 (42 U.S.C. 300aa–15) (as amended by subsection (a)) is amended by adding at the end the following: " “(j) Authorization.— For the payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part there are authorized to be appropriated $80,000,000 for fiscal year 1989, $80,000,000 for fiscal year 1990, $80,000,000 for fiscal year 1991, and $80,000,000 for fiscal year 1992. Amounts appropriated under this subsection shall remain available until expended.”. "
(c)Minimum.— Section 2115(a)(1) (42 U.S.C. 300a–15(a)(1)) is[42 USC 300aa–15](/us/usc/t42/s300aa–15). amended by striking out the last sentence of subparagraphs (A)and(B).
(d)Lump Sum.—
(1)Section 2115 (42 U.S.C. 300aa–15) is amended—
(A)by striking out the last two sentences after paragraph
(4)in subsection (a), and
(B)by adding at the end of the first subsection
(f)the following: " “(4)
(A)Except as provided in subparagraph (B), payment of compensation under the Program shall be made in a lump sum determined on the basis of the net present value of the elements of the compensation. “(B) In the case of a payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part the compensation shall be paid in 4 equal annual installments. If the appropriations under subsection
(i)are insufficient to make a payment of an annual installment, section 2111(a) shall not apply to a civil action for damages brought by the petitioner entitled to the payment.”. "
(A)Subsections
(e)and
(f)of section 2112 (42 U.S.C. 300a–12)[42 USC 300aa–12](/us/usc/t42/s300aa–12). are repealed and subsection
(g)of such section is redesignated as subsection (e).
(B)Section 2118 (42 U.S.C. 300aa–18) is repealed.
(e)Limit.— Section 2115(b) (42 U.S.C. 300aa–15(b)) is amended by striking out “shall only include the compensation described in paragraphs (1)(A) and
(2)of subsection (a)” and inserting in lieu thereof the following: “may not include the compensation described in paragraph (1)(B) of subsection
(a)and may include attorneys’ fees and other costs included in a judgment under subsection (e), except that the total amount that may be paid as compensation under paragraphs
(3)and
(4)of subsection
(a)and included as attorneys’ fees and other costs under subsection
(e)may not exceed $30,000”.
(f)Termination of Program.— Part D of title XXI is amended by adding at the end the following: " “termination of program “Sec. 2134.
(a)Reviews.— The Secretary shall review the number [42 USC 300aa–34](/us/usc/t42/s300aa–34). of awards of compensation made under the program to petitioners under section 2111 for vaccine-related injuries and deaths associated with the administration of vaccines on or after the effective date of this part as follows: 101 STAT. 1330–223 “(1) The Secretary shall review the number of such awards made in the 12-month period beginning on the effective date of this part. “(2) At the end of each 3-month period beginning after the expiration of the 12-month period referred to in paragraph
(1)the Secretary shall review the number of such awards made in the 3-month period. “(b) Report.— “(1) If in conducting a review under subsection
(a)the Secretary determines that at the end of the period reviewed the total number of awards made by the end of that period and accepted under section 2121(a) exceeds the number of awards listed next to the period reviewed in the table in paragraph (2)— “(A) the Secretary shall notify the Congress of such determination, and “(B) beginning 180 days after the receipt by Congress of a notification under paragraph (1), no petition for a vaccine-related injury or death associated with the administration of a vaccine on or after the effective date of this part may be filed under section 2111. Section 2111(a) and part B shall not apply to civil actions for damages for a vaccine-related injury or death for which a petition may not be filed because of subparagraph (B). “(2) The table referred to in paragraph
(1)is as follows: 10Copy read “Period reviewed:”. “Period reviewed Total number of awards by the end of the period reviewed 12 months after the effective date of part ......................... 150 13th through the 15th month after such date ......................... 188 16th through the 18th month after such date ......................... 225 19th through the 21st month after such date ......................... 263 22nd through the 24th month after such date ......................... 300 25th through the 27th month after such date ......................... 338 28th through the 30th month after such date ......................... 375 31st through the 33rd month after such date ......................... 413 34th through the 36th month after such date ......................... 450 37th through the 39th month after such date ......................... 488 40th through the 42nd month after such date ......................... 525 43rd through the 45th month after such date ......................... 563 46th through the 48th month after such date ......................... 600.”.
(g)Technical.— Section 2115 (42 U.S.C. 300a–15) is amended by[42 USC 300aa–15](/us/usc/t42/s300aa–15). redesignating the second subsection
(f)and subsection
(g)as subsections
(g)and (h), respectively. " SEC. 4304. PETITIONS.
(a)Application of Limits.— Section 2111(a) (42 U.S.C. 300aa–11) is amended by adding at the end the following: " “(8) This subsection applies only to a person who has sustained a vaccine-related injury or death and who is qualified to file a petition for compensation under the Program.”. "
(b)Qualification.—
(1)Section 2111(b)(1) (42 U.S.C. 300a–l 1(b)(1)(A)) is amended by[42 USC 300aa–11](/us/usc/t42/s300aa–11). striking out “may file” and inserting in lieu thereof “may, if the person meets the requirements of subsection (c)(1), file”.
(2)Section 2111(c)(1)(D) (42 U.S.C. 300a–11(c)(1)(D)) is amended
(A)by striking out “for more than 1 year” and inserting in lieu thereof “for more than 6 months”,
(B)by striking out “, (ii)” and101 STAT. 1330–224 inserting in lieu thereof “and”, and
(C)by striking out “(iii)” and inserting in lieu thereof “(ii)”.
(c)Withdrawal.— Section 2121 (42 U.S.C. 300a–21) is amended by[42 USC 300aa–21](/us/usc/t42/s300aa–21). redesignating subsection
(b)as subsection
(c)and by inserting after subsection
(a)the following: " “(b) Withdrawal of Petition.— If the United States Claims Court fails to enter a judgment under section 2112 on a petition filed under section 2111 within 365 days after the date on which the petition was filed, the petitioner may submit to the court a notice in writing withdrawing the petition. Such a notice shall be filed not later than 90 days after the expiration of such 365-day period. A person who has submitted a notice under this subsection may, notwithstanding section 2111(a)(2), thereafter maintain a civil action for damages in a State or Federal court without regard to part B and consistent with otherwise applicable law.”. " SEC. 4305. CITIZEN’S ACTIONS. Section 2131(c) (42 U.S.C. 300a–31(c)) 7171Copy read “300a–31(c)”. is amended by striking out [42 USC 300aa–31](/us/usc/t42/s300aa–31). “to any party, whenever the court determines that such award is appropriate” and inserting in lieu thereof “to any plaintiff who substantially prevails on one or more significant issues in the action”. SEC. 4306. VACCINE ADMINISTRATORS. [42 USC 300aa–11](/us/usc/t42/s300aa–11). Section 2111(a) (42 U.S.C. 300a–ll) is amended by striking out “vaccine manufacturer” each place it appears and inserting in lieu thereof “vaccine administrator or manufacturer”. SEC. 4307. COURT JURISDICTION. Subtitle 2 of title XXI is amended as follows:
(1)Section 2111(a)(1) (42 U.S.C. 300aa–11(a)(1)) is amended by striking out “with the United States district court for the district in which the petitioner resides or the injury or death occurred” and inserting in lieu thereof “with the United States Claims Court”.
(2)Section 2111(a)(2)(A)(ii) (42 U.S.C. 300aa–11(a)(2)(A)(ii)) is amended by striking out “a district court of the United States” and inserting in lieu thereof “the United States Claims Court”.
(3)Section 2112 (42 U.S.C. 300aa–12) is amended—
(A)in subsection (a), by striking out “district courts of the United States” and inserting in lieu thereof “United States Claims Court” and by striking out “the courts” and inserting in lieu thereof “the court”,
(B)in subsection (c)(1), by striking out “the district court of the United States in which the petition is filed” and inserting in lieu thereof “the United States Claims Court”, and
(C)in subsection (g), by striking out “a district court of the United States” and inserting in lieu thereof “the United States Claims Court” and by striking out “for the circuit in which the court is located” and inserting in lieu thereof “for the Federal Circuit”.
(4)Section 2113(c) (42 U.S.C. 300aa–13(c)) is amended by striking out “a district court of the United States” and inserting in lieu thereof “the United States Claims Court”. 101 STAT. 1330–225
(5)Section 2115(e)(1) (42 U.S.C. 300aa–15(e)(1)) is amended by striking out “of a court” and inserting in lieu thereof “of the United States Claims Court”.
(6)Paragraph
(2)of subsection
(f)of section 2115 (42 U.S.C. 300aa–15) is amended by striking out “district court of the United States” and inserting in lieu thereof “United States Claims Court”.
(7)Section 2117(a) (42 U.S.C. 300aa–17(a)) is amended by striking out “(1)”, by running in the text of paragraph
(1)into the subsection heading, and by striking out paragraph (2).
(8)Section 2121(a) (42 U.S.C. 300aa–21(a)) is amended by striking out “a district court of the United States” and inserting in lieu thereof “the United States Claims Court” and by striking out “a court” each place it occurs and inserting in lieu thereof “the court”.
(9)Section 2123(e) (42 U.S.C. 300aa–23(e)) is amended by striking out “a district court of the United States” and inserting in lieu thereof “the United States Claims Court”. Subtitle E— Rural Health SEC. 4401. OFFICE OF RURAL HEALTH POLICY. Title VII of the Social Security Act is amended by adding at the end thereof the following new section: " “office of rural health policy “Sec. 711.
(a)There shall be established in the Department of Establishment.[42 USC 912](/us/usc/t42/s912). Health and Human Services (in this section referred to as the ‘Department’) 7272Copy read “ “Department”)”. an Office of Rural Health Policy (in this section referred to as the ‘Office’). The Office shall be headed by a Director, who shall advise the Secretary on the effects of current policies and proposed statutory, regulatory, administrative, and budgetary changes in the programs established under titles XVIII and XIX on the financial viability of small rural hospitals, the ability of rural areas (and rural hospitals in particular) to attract and retain physicians and other health professionals, and access to (and the quality of) health care in rural areas. “(b) In addition to advising the Secretary with respect to the matters specified in subsection (a), the Director, through the Office, shall— “(1) oversee compliance with the requirements of section 1102(b) of this Act and section 4083 of the Omnibus Budget Reconciliation Act of 1987, “(2) establish and maintain a clearinghouse for collecting and disseminating information on— “(A) rural health care issues, “(B) research findings relating to rural health care, and “(C) innovative approaches to the delivery of health care in rural areas, “(3) coordinate the activities within the Department that relate to rural health care, and 101 STAT. 1330–226 “(4) provide information to the Secretary and others in the Department with respect to the activities, of other Federal departments and agencies, that relate to rural health care.”. " SEC. 4402. IMPACT ANALYSES OF MEDICARE AND MEDICAID RULES AND REGULATIONS ON SMALL RURAL HOSPITALS.
(a)In General.— Section 1102 of the Social Security Act (42 U.S.C. 1302) is amended—
(1)by inserting “(a)” after “Sec. 1102.”, and
(2)by adding at the end thereof the following new subsection: " “(b)
(1)Whenever the Secretary publishes a general notice of proposed rulemaking for any rule or regulation proposed under title XVIII, title XIX, or part B of this title that may have a significant impact on the operations of a substantial number of small rural hospitals, the Secretary shall prepare and make available for public comment an initial regulatory impact analysis. Such analysis shall describe the impact of the proposed rule or regulation on such hospitals and shall set forth, with respect to small rural hospitals, the matters required under section 603 of title 5, United States Code, to be set forth with respect to small entities. The initial regulatoryFederal Register, publication. impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation. “(2) Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary shall prepare a final regulatory impact analysis with respect to the final version of such rule or regulation. Such analysis shall set forth, with respect to small rural hospitals, the matters required under section 604 of title 5, United States Code, to be set forth with respect to small entities. The Secretary shall make copies of the final regulatory impactFederal Register, publication. analysis available to the public and shall publish, in the Federal Register at the time of publication of the final version of the rule or regulation, a statement describing how a member of the public may obtain a copy of such analysis. “(3) If a regulatory flexibility analysis is required by chapter 6 of title 5, United States Code, for a rule or regulation to which this subsection applies, such analysis shall specifically address the impact of the rule or regulation on small rural hospitals.”. "
(b)Effective Date.— The amendments made by paragraph (1)[42 USC 1302 note](/us/usc/t42/s1302). shall apply to regulations proposed more than 30 days after the date of the enactment of this Act. SEC. 4403. SET ASIDE FOR EXPERIMENTS AND DEMONSTRATION PROJECTS RELATING TO RURAL HEALTH CARE ISSUES. [42 USC 1395b–1 note](/us/usc/t42/s1395b–1).
(a)Set Aside.— Not less than ten percent of the total amounts expended in each fiscal year by the Secretary of Health and Human Services (in this section referred to as the “Secretary”) after October 1, 1988, with respect to experiments and demonstration projects authorized by section 402 of the Social Security Amendments of 1967 and the experiments and demonstration projects authorized by the Social Security Amendments of 1972 shall be expended for experiments and demonstration projects relating exclusively or substantially to rural health issues, including (but not limited to) the impact of the payment methodology under section 1886(d) of the Social Security Act on the financial viability of small rural hospitals, the effect of medicare payment policies on the101 STAT. 1330–227 ability of rural areas (and rural hospitals in particular) to attract and retain physicians and other health professionals, the appropriateness of medicare conditions of participation and staffing requirements for small rural hospitals, and the impact of medicare policies on access to (and the quality of) health care in rural areas,
(b)Agenda.— The Secretary of Health and Human Services shall establish an agenda of experiments and demonstration projects, relating exclusively or substantially to rural health issues, that are in progress or have been proposed, and shall include such agenda in the annual report submitted pursuant to section 1875(b) of the Social Security Act. The agenda shall be accompanied by a statement setting forth the amounts that have been obligated and expended with respect to such experiments and projects in the current and most recently completed fiscal years. TITLE V— ENERGY AND ENVIRONMENT PROGRAMS Subtitle A— Nuclear Waste Amendments Nuclear Waste Policy Amendments Act of 1987.[42 USC 10101 note](/us/usc/t42/s10101). SEC. 5001. SHORT TITLE. This subtitle may be cited as the “Nuclear Waste Policy Amendments Act of 1987”. SEC. 5002. DEFINITIONS. Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) is amended by adding at the end the following new paragraphs: " “(30) The term ‘Yucca Mountain site’ means the candidate site in the State of Nevada recommended by the Secretary to the President under section 112a))(1)(B) on May 27, 1986. “(31) The term ‘affected unit of local government’ means the unit of local government with jurisdiction over the site of a repository or a monitored retrievable storage facility. Such term may, at the discretion of the Secretary, include units of local government that are contiguous with such unit. “(32) The term ‘Negotiator’ means the Nuclear Waste Negotiator. “(33) As used in title IV, the term ‘Office’ means the Office of the Nuclear Waste Negotiator established under title IV of this Act. “(34) The term ‘monitored retrievable storage facility’ means the storage facility described in section 141(b)(1).”. " **PART A—** **REDIRECTION OF THE NUCLEAR WASTE PROGRAM** SEC. 5011. FIRST REPOSITORY.
(a)Site Specific Activities.— Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121–10171) is amended by adding at the end the following new subtitle: 101 STAT. 1330–228 " “Subtitle E—Redirection of the Nuclear Waste Program “selection of yucca mountain site “SEC. 160.
(a)In General.—
(1)The Secretary shall provide for an[42 USC 10172](/us/usc/t42/s10172). orderly phase-out of site specific activities at all candidate sites other than the Yucca Mountain site. “(2) The Secretary shall terminate all site specific activities (other than reclamation activities) at all candidate sites, other than the Yucca Mountain site, within 90 days after the date of enactment of the Nuclear Waste Policy Amendments Act of 1987. “(b) Effective on the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987, the State of Nevada shall be eligible to enter into a benefits agreement with the Secretary under section 170.”. "
(b)Site Recommendation to the President.— Section 112(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(b)) is amended by—
(1)striking out paragraph (1)(C) and redesignating the subsequent subparagraphs accordingly; and
(2)in subparagraph
(C)7373Copy read “(C), (as”. (as redesignated) by striking “subparagraphs
(B)and (C)” and inserting “subparagraph (B)”.
(c)Termination of Candidate Site Screening.— Section 112 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132) is amended by striking all of subsection
(d)and redesignating subsequent subsections accordingly.
(d)Timely Site Characterization.— Section 112 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132) is amended by striking all of subsection
(f)and redesignating subsequent subsections accordingly.
(e)Site Characterization.— Section 113(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10133(a)) is amended—
(1)by striking “State involved” and all that follows through “tribe involved” and inserting “State of Nevada”; and
(2)by striking “beginning” and all that follows through “geological media” and inserting “at the Yucca Mountain site”.
(f)Commission and States.— Section 113(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 101330))) is amended—
(1)in paragraph (1)—
(A)by striking “any candidate site” and inserting “the Yucca Mountain site”;
(B)by striking “either” and all that follows through “may be” and insert “the Governor or legislature of the State of Nevada”;
(2)in paragraph (2), by striking “at any candidate site” and inserting “at the Yucca Mountain site”; and
(3)in paragraph (3)—
(A)by striking “a candidate site” and inserting “the Yucca Mountain site”;
(B)by striking “either”; and
(C)by striking “the State” and all that follows through “may be” and inserting “the State of Nevada”.
(g)Restrictions.— Section 113(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10133(c)) is amended—
(1)in paragraph (1)— 101 STAT. 1330–229
(A)by striking “any candidate site” and inserting “the Yucca Mountain site”; and
(B)by striking “such candidate site” each place it appears and inserting “such site”;
(2)in paragraph (2), by striking “candidate” each place it appears; and
(3)by striking paragraphs
(3)and
(4)and inserting the following: " “(3) If the Secretary at any time determines the Yucca Mountain site to be unsuitable for development as a repository, the Secretary shall— “(A) terminate all site characterization activities at such site; “(B) notify the Congress, the Governor and legislature of Nevada of such termination and the reasons for such termination; “(C) remove any high-level radioactive waste, spent nuclear fuel, or other radioactive materials at or in such site as promptly as practicable; “(D) take reasonable and necessary steps to reclaim the site and to mitigate any significant adverse environmental impacts caused by site characterization activities at such site; “(E) suspend all future benefits payments under subtitle F with respect to such site; and “(F) report to Congress not later than 6 months after suchReports. determination the Secretary’s recommendations for further action to assure the safe, permanent disposal of spent nuclear fuel and high-level radioactive waste, including the need for new legislative authority.”, "
(h)Hearings and Presidential Recommendation.— Section 114(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(a)) is amended—
(1)in paragraph (1)—
(A)by striking “each site” through “development of a repository” and inserting “the Yucca Mountain site”;
(B)by striking “in which such site is located”;
(C)by striking “not less than 3” and all that follows through “subsequent repositories” and inserting “the Yucca Mountain site”;
(D)by striking “in which such site” and all that follows through “case may be” and insert “of Nevada”;
(E)by striking the sentence beginning with “In making site recommendations”;
(F)by amending subparagraph
(D)to read as follows: " “(D) a final environmental impact statement prepared for the Yucca Mountain site pursuant to subsection
(f)and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), together with comments made concerning such environmental impact statement by the Secretary of the Interior, the Council on Environmental Quality, the Administrator, and the Commission, except that the Secretary shall not be required in any such environmental impact statement to consider the need for a repository, the alternatives to geological disposal, or alternative sites to the Yucca Mountain site;”; and "
(G)in subparagraph (H), by striking “the State” and all that follows through the end of the sentence and inserting “the State of Nevada”; 101 STAT. 1330–230
(2)by striking paragraphs
(2)and
(3)and inserting the following: " “(2)
(A)If, after recommendation by the Secretary, the PresidentPresident of U.S. considers the Yucca Mountain site qualified for application for a construction authorization for a repository, the President shall submit a recommendation of such site to Congress. “(B) The President shall submit with such recommendation a copy of the statement for such site prepared by the Secretary under paragraph (1).”; and "
(3)in paragraph
(4)by—
(A)striking “(4)(A)” and inserting “(3)(A)”;
(B)striking “any site under this subsection” and inserting “the Yucca Mountain site”; and
(C)by striking “report” and inserting “statement”.
(i)Submission of Application.— Section 114(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)) is amended—
(1)by striking “a site for a repository” and inserting “the Yucca Mountain site”; and
(2)by striking “in which” and all that follows through “may be,” and inserting “of Nevada”.
(j)Commission Action.— Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is amended in the first sentence—
(1)by striking “than—” and all that follows through “(2) the expiration” and inserting “than the expiration”; and
(2)by striking “(e)(2); whichever occurs later” and inserting “(e)(2)”.
(k)Project Decision Schedule.— Section 114(e) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(e)) is amended by striking “repository involved” and inserting “repository”.
(l)Environmental Impact Statement.— Section 114(0 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(f)) is amended to read as follows: " “(f) Environmental Impact Statement.—
(1)Any recommendation made by the Secretary under this section shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). A final environmental impact statement prepared by the Secretary under such Act shall accompany any recommendation to the President to approve a site for a repository. “(2) With respect to the requirements imposed by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), compliance with the procedures and requirements of this Act shall be deemed adequate consideration of the need for a repository, the time of the initial availability of a repository, and all alternatives to the isolation of high-level radioactive waste and spent nuclear fuel in a repository. “(3) For purposes of complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section, the Secretary need not consider alternate sites to the Yucca Mountain site for the repository to be developed under this subtitle. “(4) Any environmental impact statement prepared in connection with a repository proposed to be constructed by the Secretary under this subtitle shall, to the extent practicable, be adopted by the Commission in connection with the issuance by the Commission of a101 STAT. 1330–231 construction authorization and license for such repository. To the extent such statement is adopted by the Commission, such adoption shall be deemed to also satisfy the responsibilities of the Commission under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and no further consideration shall be required, except that nothing in this subsection shall affect any independent responsibilities of the Commission to protect the public health and safety under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). “(5) Nothing in this Act shall be construed to amend or otherwise detract from the licensing requirements of the Nuclear Regulatory Commission established in title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.). “(6) In any such statement prepared with respect to the repository to be constructed under this subtitle, the Nuclear Regulatory Commission need not consider the need for a repository, the time of initial availability of a repository, alternate sites to the Yucca Mountain site, or nongeologic alternatives to such site.”. "
(m)On-Site Representative.— Section 117 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10137) is amended by adding at the end the following new subsection: " “(d) On-Site Representative.— The Secretary shall offer to any State, Indian tribe or unit of local government within whose jurisdiction a site for a repository or monitored retrievable storage facility is located under this title an opportunity to designate a representative to conduct on-site oversight activities at such site. Reasonable expenses of such representatives shall be paid out of the Waste Fund.”. " SEC. 5012. SECOND REPOSITORY. Subtitle E of title I of the Nuclear Waste Policy Act of 1982 (as created by section 5011 of this Act) is amended by adding at the end the following new section: " “siting a second repository “Sec. 161.
(a)Congressional Action Required.— The Secretary[42 USC 10172a](/us/usc/t42/s10172a). may not conduct site-specific activities with respect to a second repository unless Congress has specifically authorized and appropriated funds for such activities. “(b) Report.— The Secretary shall report to the President and to Congress on or after January 1, 2007, but not later than January 1, 2010, on the need for a second repository. “(c) Termination of Granite Research.— Not later than 6 months after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987, the Secretary shall phase out in an orderly manner funding for all research programs in existence on such date of enactment designed to evaluate the suitability of crystalline rock as a potential repository host medium. “(d) Additional Siting Criteria.— In the event that the Secretary at any time after such date of enactment considers any sites in crystalline rock for characterization or selection as a repository, the Secretary shall consider (as a supplement to the siting guidelines under section 112) such potentially disqualifying factors as— “(1) seasonal increases in population; “(2) proximity to public drinking water supplies, including those of metropolitan areas; and 101 STAT. 1330–232 “(3) the impact that characterization or siting decisions would have on lands owned or placed in trust by the United States for Indian tribes.”. " **PART B—** **MONITORED RETRIEVABLE STORAGE** SEC. 5021. AUTHORIZATION OF MONITORED RETRIEVABLE STORAGE. Subtitle C of the Nuclear 7474Copy read “C of Nuclear”. Waste Policy Act of 1982 is amended by adding at the end the following new sections: " “authorization of monitored retrievable storage “Sec. 142.
(a)Nullification of Oak Ridge Siting Proposal.— [42 USC 10162](/us/usc/t42/s10162). The proposal of the Secretary (EC–1022, 100th Congress) to locate a monitored retrievable storage facility at a site on the Clinch River in the Roane County portion of Oak Ridge, Tennessee, with alternative sites on the Oak Ridge Reservation of the Department of Energy and on the former site of a proposed nuclear powerplant in Hartsville, Tennessee, is annulled and revoked. In carrying out the provisions of sections 144 and 145, the Secretary shall make no presumption or preference to such sites by reason of their previous selection. “(b) Authorization.— The Secretary is authorized to site, construct, and operate one monitored retrievable storage facility subject to the conditions described in sections 143 through 149. “monitored retrievable storage commission “Sec. 143.
(a)Establishment.—
(A)There is established a Monitored [42 USC 10163](/us/usc/t42/s10163). Retrievable Storage Review Commission (hereinafter in this section referred to as the ‘MRS Commission’), that shall consist of 3 members who shall be appointed by and serve at the pleasure of the President pro tempore of the Senate and the Speaker of the House of Representatives. “(B) 7575Copy read “ “(B)(i)”. Members of the MRS Commission shall be appointed not later than 30 days after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987 from among persons who as a result of training, experience and attainments are exceptionally well qualified to evaluate the need for a monitored retrievable storage facility as a part of the Nation’s nuclear waste management system. “(C) The MRS Commission shall prepare a report on the need for aReports. monitored retrievable storage facility as a part of a national nuclear waste management system that achieves the purposes of this Act. In preparing the report under this subparagraph, the MRS Commission shall— “(i) review the status and adequacy of the Secretary’s evaluation of the systems advantages and disadvantages of bringing such a facility into the national nuclear waste disposal system; “(ii) obtain comment and available data on monitored retrievable storage from affected parties, including States containing potentially acceptable sites; “(iii) evaluate the utility of a monitored retrievable storage facility from a technical perspective; and 101 STAT. 1330–233 “(iv) make a recommendation to Congress as to whether such a facility should be included in the national nuclear waste management system in order to achieve the purposes of this Act, including meeting needs for packaging and handling of spent nuclear fuel, improving the flexibility of the repository development schedule, and providing temporary storage of spent nuclear fuel accepted for disposal. “(2) In preparing the report and making its recommendation under paragraph
(1)the MRS Commission shall compare such a facility to the alternative of at-reactor storage of spent nuclear fuel prior to disposal of such fuel in a repository under this Act. Such comparison shall take into consideration the impact on— “(A) repository design and construction; “(B) waste package design, fabrication and standardization; “(C) waste preparation; “(D) waste transportation systems; “(E) the reliability of the national system for the disposal of radioactive waste; “(F) the ability of the Secretary to fulfill contractual commitments of the Department under this Act to accept spent nuclear fuel for disposal; and “(G) economic factors, including the impact on the costs likely to be imposed on ratepayers of the Nation’s electric utilities for temporary at-reactor storage of spent nuclear fuel prior to final disposal in a repository, as well as the costs likely to be imposed on ratepayers of the Nation’s electric utilities in building and operating such a facility. “(3) The report under this subsection, together with the recommendationReports. of the MRS Commission, shall be transmitted to Congress on June 1, 1989. “(4)
(i)Each member of the MRS Commission shall be paid at the rate provided for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the MRS Commission, and shall receive travel expenses, including per diem in lieu of subsistence in the same manner as is permitted under sections 5702 and 5703 of title 5, United States Code. “(ii) The MRS Commission may appoint and fix compensation, not to exceed the rate of basic pay payable for GS–18 of the General Schedule, for such staff as may be necessary to carry out its functions. “(B)
(i)The MRS Commission may hold hearings, sit and act at such times and places, take such testimony and receive such evidence as the MRS Commission considers appropriate. Any member of the MRS Commission may administer oaths or affirmations to witnesses appearing before the MRS Commission. “(ii) The MRS Commission may request any Executive agency, including the Department, to furnish such assistance or information, including records, data, files, or documents, as the Commission considers necessary to carry out its functions. Unless prohibited by law, such agency shall promptly furnish such assistance or information. “(iii) To the extent permitted by law, the Administrator of the General Services Administration shall, upon request of the MRS Commission, provide the MRS Commission with necessary administrative services, facilities, and support on a reimbursable basis. “(iv) The MRS Commission may procure temporary and intermittent services from experts and consultants to the same extent as is101 STAT. 1330–234 authorized by section 3109(b) of title 5, United States Code, at rates and under such rules as the MRS Commission considers reasonable. “(C) The MRS Commission shall cease to exist 60 days after the submission to Congress of the report required under this subsection. “Survey “Sec. 144. After the MRS Commission submits its report to the[42 USC 10164](/us/usc/t42/s10164). Congress under section 143, the Secretary may conduct a survey and evaluation of potentially suitable sites for a monitored retrievable storage facility. In conducting such survey and evaluation, the Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed would— “(1) enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this Act; “(2) minimize the impacts of transportation and handling of such fuel and waste; “(3) provide for public confidence in the ability of such system to safely dispose of the fuel and waste; “(4) impose minimal adverse effects on the local community and the local environment; “(5) provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion; “(6) provide such other benefits to the system for the disposal of spent nuclear fuel and high-level radioactive waste as the Secretary deems appropriate; and “(7) unduly burden a State in which significant volumes of high-level radioactive waste resulting from atomic energy defense activities are stored. “site selection “Sec. 145.
(a)In General.— The Secretary may select the site[42 USC 10165](/us/usc/t42/s10165). evaluated under section 144 that the Secretary determines on the basis of available information to be the most suitable for a monitored retrievable storage facility that is an integral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this Act. “(b) Limitation.— The Secretary may not select a site under subsection
(a)until the Secretary recommends to the President the approval of a site for development as a repository under section 114(a). “(c) Site Specific Activities.— The Secretary may conduct such site specific activities at each site surveyed under section 144 as he determines may be necessary to support an application to the Commission for a license to construct a monitored retrievable storage facility at such site. “(d) Environmental Assessment.— Site specific activities and selection of a site under this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare an environmental assessment with respect to such selection in accordance with regulations issued by the Secretary implementing such Act. Such environmental assessment shall be based upon available information regarding101 STAT. 1330–235 alternative technologies for the storage of spent nuclear fuel and high-level radioactive waste. The Secretary shall submit such environmental assessment to the Congress at the time such site is selected. “(e) Notification Before Selection.—
(1)At least 6 months before selecting a site under subsection (a), the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, of such potential selection and the basis for such selection. “(2) Before selecting any site under subsection (a), the Secretary shall hold at least one public hearing in the vicinity of such site to solicit any recommendations of interested parties with respect to issues raised by the selection of such site. “(f) Notification of Selection.— The Secretary shall promptly notify Congress and the appropriate State or Indian tribe of the selection under subsection (a). “(g) Limitation.— No monitored retrievable storage facility authorized pursuant to section 142(b) may be constructed in the State of Nevada. “notice of disapproval “Sec. 146.
(a)In General.— The selection of a site under section[42 USC 10166](/us/usc/t42/s10166). 145 shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection, unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under section 145 shall not be effective except as provided under section 115(c). “(b) References.— For purposes of carrying out the provisions of this subsection, references in section 115(c) to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 116(b) or 118(a) shall be considered to refer to a notice of disapproval under this section. “benefits agreement “Sec. 147. Once selection of a site for a monitored retrievable[42 USC 10167](/us/usc/t42/s10167). storage facility is made by the Secretary under section 145, the Indian tribe on whose reservation the site is located, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under section 170. “construction authorization “Sec. 148.
(a)Environmental Impact Statement.—
(1)Once the [42 USC 10168](/us/usc/t42/s10168). selection of a site is effective under section 146, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of a monitored retrievable storage facility, except that any environmental impact statement prepared with respect to such facility shall not be required to101 STAT. 1330–236 consider the need for such facility or any alternative to the design criteria for such facility set forth in section 141(b)(1). “(2) Nothing in this section shall be construed to limit the consideration of alternative facility designs consistent with the criteria described in section 141(b)(1) in any environmental impact statement, or in any licensing procedure of the Commission, with respect to any monitored retrievable storage facility authorized under section 142(b). “(b) Application for Construction License.— Once the selection of a site for a monitored retrievable storage facility is effective under section 146, the Secretary may submit an application to the Commission for a license to construct such a facility as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable agreements under this Act affecting such facility. “(c) Licensing.— Any monitored retrievable storage facility authorized pursuant to section 142(b) shall be subject to licensing under section 202(3) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842(3)). In reviewing the application filed by the Secretary for licensing of such facility, the Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in section 141(b)(1). “(d) Licensing Conditions.— Any license issued by the Commission for a monitored retrievable storage facility under this section shall provide that— “(1) construction of such facility may not begin until the Commission has issued a license for the construction of a repository under section 115(d); “(2) construction of such facility or acceptance of spent nuclear fuel or high-level radioactive waste shall be prohibited during such time as the repository license is revoked by the Commission or construction of the repository ceases; “(3) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 10,000 metric tons of heavy metal until a repository under this Act first accepts spent nuclear fuel or solidified high-level radioactive waste; and “(4) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 15,000 metric tons of heavy metal. “financial assistance “Sec. 149. The provisions of section 116(c) or 118(b) with respect to[42 USC 10169](/us/usc/t42/s10169). grants, technical assistance, and other financial assistance shall apply to the State, to affected Indian tribes and to affected units of local government in the case of a monitored retrievable storage facility in the same manner as for a repository.”. " **PART C—** **BENEFITS** SEC. 5031. BENEFITS. Title I of the Nuclear Waste Policy Act of 1982 is further amended by adding at the end the following new subtitles: 101 STAT. 1330–237 " “Subtitle F-Benefits “benefits agreements “Sec. 170.
(a)In General.—
(1)The Secretary may enter into a[42 USC 10173](/us/usc/t42/s10173). benefits agreement with the State of Nevada concerning a repository or with a State or an Indian tribe concerning a monitored retrievable storage facility for the acceptance of high-level radioactive waste or spent nuclear fuel in that State or on the reservation of that tribe, as appropriate. “(2) The State or Indian tribe may enter into such an agreement only if the State Attorney General or the appropriate governing authority of the Indian tribe or the Secretary of the Interior, in the absence of an appropriate governing authority, as appropriate, certifies to the satisfaction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agreement. “(3) Any benefits agreement with a State under this section shall be negotiated in consultation with affected units of local government in such State. “(4) Benefits and payments under this subtitle may be made available only in accordance with a benefits agreement under this section. “(b) Amendment.— A benefits agreement entered into under subsection
(a)may be amended only by the mutual consent of the parties to the agreement and terminated only in accordance with section 173. “(c) Agreement with Nevada.— The Secretary shall offer to enter into a benefits agreement with the Governor of Nevada. Any benefits agreement with a State under this subsection shall be negotiated in consultation with any affected units of local government in such State. “(d) Monitored Retrievable Storage.— The Secretary shall offer to enter into a benefits agreement relating to a monitored retrievable storage facility with the governing body of the Indian tribe on whose reservation the site for such facility is located, or, if the site is not located on a reservation, with the Governor of the State in which the site is located and in consultation with affected units of local government in such State. “(e) Limitation.— Only one benefits agreement for a repository and only one benefits agreement for a monitored retrievable storage facility may be in effect at any one time. “(f) Judicial Review.— Decisions of the Secretary under this section are not subject to judicial review. “content of agreements “SEC. 171.
(a)In General.—
(1)In addition to the benefits to which[42 USC 10173a](/us/usc/t42/s10173a). a State, an affected unit of local government or Indian tribe is entitled under title I, the Secretary shall make payments to a State or Indian tribe that is a party to a benefits agreement under section 170 in accordance with the following schedule: 101 STAT. 1330–238 “BENEFITS SCHEDULE (amounts in $ millions) Event MRS Repository
(A)Annual payments prior to first spent fuel receipt ......................... 5 10
(B)Upon first spent fuel receipt ......................... 10 20
(C)Annual payments after first spent fuel receipt until closure of the facility ......................... 10 20 “(2) For purposes of this section, the term— “(A) ‘MRS’ means a monitored retrievable storage facility, “(B) ‘spent fuel’ means high-level radioactive waste or spent nuclear fuel, and “(C) ‘first spent fuel receipt’ does not include receipt of spent fuel or high-level radioactive waste for purposes of testing or operational demonstration. “(3) Annual payments prior to first spent fuel receipt under paragraph (1)(A) shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility under paragraph (1)(C) shall be made on the anniversary date of such first spent fuel receipt. “(4) If the first spent fuel payment under paragraph (1)(B) is made within six months after the last annual payment prior to the receipt of spent fuel under paragraph (1)(A), such first spent fuel payment under paragraph (1)(B) shall be reduced by an amount equal to one-twelfth of such annual payment under paragraph (1)(A) for each full month less than six that has not elapsed since the last annual payment under paragraph (1)(A). “(5) Notwithstanding paragraph (1), (2), or (3), no payment under this section may be made before January 1, 1989, and any payment due under this title before January 1, 1989, shall be made on or after such date. “(6) Except as provided in paragraph (7), the Secretary may not restrict the purposes for which the payments under this section may be used. “(7)
(A)Any State receiving a payment under this section shall transfer an amount equal to not less than one-third of the amount of such payment to affected units of local government of such State. “(B) A plan for this transfer and appropriate allocation of such portion among such governments shall be included in the benefits agreement under section 170 covering such payments. “(C) In the event of a dispute concerning such plan, the Secretary shall resolve such dispute, consistent with this Act and applicable State law. “(b) Contents.— A benefits agreement under section 170 shall provide that— “(1) a Review Panel be established in accordance with section 172; “(2) the State or Indian tribe that is party to such agreement waive its rights under title I to disapprove the recommendation of a site for a repository; “(3) the parties to the agreement shall share with one another information relevant to the licensing process for the repository or monitored retrievable storage facility, as it becomes available; 101 STAT. 1330–239 “(4) the State or Indian tribe that is party to such agreement participate in the design of the repository or monitored retrievable storage facility and in the preparation of documents required under law or regulation governing the effects of the facility on the public health and safety; and “(5) the State or Indian tribe waive its rights, if any, to impact assistance under sections 116(c)(1)(B)(ii), 116(c)(2), 118(b)(2)(A)(ii), and 118(b)(3). “(c) The Secretary shall make payments to the States or affected Indian tribes under a benefits agreement under this section from the Waste Fund. The signature of the Secretary on a valid benefits agreement under section 170 shall constitute a commitment by the United States to make payments in accordance with such agreement. “review panel “Sec. 172.
(a)In General.— The Review Panel required to be[42 USC 10173b](/us/usc/t42/s10173b). established by section 171(b)(1) of this Act shall consist of a Chairman selected by the Secretary in consultation with the Governor of the State or governing body of the Indian tribe, as appropriate, that is party to such agreement and 6 other members as follows: “(1) 2 members selected by the Governor of such State or governing body of such Indian tribe; “(2) 2 members selected by units of local government affected by the repository or monitored retrievable storage facility; “(3) 1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and “(4) 1 member to represent other public interests, to be selected by the Secretary. “(b) Terms.—
(1)The members of the Review Panel shall serve for terms of 4 years each. “(2) Members of the Review Panel who are not full-time employees of the Federal Government, shall receive a per diem compensation for each day spent conducting work of the Review Panel, including their necessary travel or other expenses while engaged in the work of the Review Panel. “(3) Expenses of the Panel shall be paid by the Secretary from the Waste Fund. “(c) Duties.— The Review Panel shall— “(1) advise the Secretary on matters relating to the proposed repository or monitored retrievable storage facility, including issues relating to design, construction, operation, and decommissioning of the facility; “(2) evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate; “(3) recommend corrective actions to the Secretary; “(4) assist in the presentation of State or affected Indian tribe and local perspectives to the Secretary; and “(5) participate in the planning for and the review of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community. “(d) Information.— The Secretary shall promptly make available promptly any information in the Secretary’s possession requested by the Panel or its Chairman. “(e) Federal Advisory Committee Act.— The requirements of the Federal Advisory Committee Act shall not apply to a Review Panel established under this title. 101 STAT. 1330–240 “termination “Sec. 173.
(a)In General.— The Secretary may terminate a benefits[42 USC 10173c](/us/usc/t42/s10173c). agreement under this title if— “(1) the site under consideration is disqualified for its failure to comply with guidelines and technical requirements established by t he Secretary in accordance with this Act; or “(2) the Secretary determines that the Commission cannot license the facility within a reasonable time. “(b) Termination by State or Indian Tribe.— A State or Indian tribe may terminate a benefits agreement under this title only if the Secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the Secretary in accordance with this Act or the Secretary determines that the Commission cannot license the facility within a reasonable time. “(c) Decisions of the Secretary.— Decisions of the Secretary under this section shall be in writing, shall be available to Congress and the public, and are not subject to judicial review. Subtitle G—Other Benefits consideration in siting facilities “Sec. 174. The Secretary, in siting Federal research projects, shall[42 USC 10174](/us/usc/t42/s10174). give special consideration to proposals from States where a repository is located. “report “Sec. 175.
(a)In General.— Within one year of the date of the[42 USC 10174a](/us/usc/t42/s10174a). enactment of the Nuclear Waste Policy Amendments Act of 1987, the Secretary shall report to Congress on the potential impacts of locating a repository at the Yucca Mountain site, including the recommendations of the Secretary for mitigation of such impacts and a statement of which impacts should be dealt with by the Federal Government, which should be dealt with by the State with State resources, including the benefits payments under section 171, and which should be a joint Federal-State responsibility. The report under this subsection shall include the analysis of the Secretary of the authorities available to mitigate these impacts and the appropriate sources of funds for such mitigation. “(b) Impacts to Be7676Copy read “to Be” Considered.— Potential impacts to be addressed in the report under this subsection
(a)shall include impacts on— “(1) education, including facilities and personnel for elementary and secondary schools, community colleges, vocational and technical schools and universities; “(2) public health, including the facilities and personnel for treatment and distribution of water, the treatment of sewage, the control of pests and the disposal of solid waste; “(3) law enforcement, including facilities and personnel for the courts, police and sheriffs departments, district attorneys and public defenders and prisons; “(4) fire protection, including personnel, the construction of fire stations, and the acquisition of equipment; “(5) medical care, including emergency services and hospitals; 101 STAT. 1330–241 “(6) cultural and recreational needs, including facilities and personnel for libraries and museums and the acquisition and expansion of parks; “(7) distribution of public lands to allow for the timely expansion of existing, or creation of new, communities and the construction of necessary residential and commercial facilities; “(8) vocational training and employment services; “(9) social services, including public assistance programs, vocational and physical rehabilitation programs, mental health services, and programs relating to the abuse of alcohol and controlled substances; “(10) transportation, including any roads, terminals, airports, bridges, or railways associated with the facility and the repair and maintenance of roads, terminals, airports, bridges, or railways damaged as a result of the construction, operation, and closure of the facility; “(11) equipment and training for State and local personnel in the management of accidents involving high-level radioactive waste; “(12) availability of energy; “(13) tourism and economic development, including the potential loss of revenue and future economic growth; and “(14) other needs of the State and local governments that would not have arisen but for the characterization of the site and the construction, operation, and eventual closure of the repository facility.”. " SEC. 5032. PARTICIPATION OF STATES.
(a)Financial Assistance.— Section 116(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10136(c)) is amended to read as follows: " “(c) Financial Assistance.—
(A)The Secretary shall make grants to the State of Nevada and any affected unit of local government for the purpose of participating in activities required by this section and section 117 or authorized by written agreement entered into pursuant to section 117(c). Any salary or travel expense that would ordinarily be incurred by such State or affected unit of local government, may not be considered eligible for funding under this paragraph. “(B) The Secretary shall make grants to the State of Nevada andGrants. any affected unit of local government for purposes of enabling such State or affected unit of local government— “(i) to review activities taken under this subtitle with respect to the Yucca Mountain site for purposes of determining any potential economic, social, public health and safety, and environmental impacts of a repository on such State, or affected unit of local government and its residents; “(ii) to develop a request for impact assistance under paragraph (2); “(iii) to engage in any monitoring, testing, or evaluation activities with respect to site characterization programs with regard to such site; “(iv) to provide information to Nevada residents regarding any activities of such State, the Secretary, or the Commission with respect to such site; and “(v) to request information from, and make comments and recommendations to, the Secretary regarding any activities taken under this subtitle with respect to such site. 101 STAT. 1330–242 “(C) Any salary or travel expense that would ordinarily be incurred by the State of Nevada or any affected unit of local government may not be considered eligible for funding under this paragraph. “(2)
(i)The Secretary shall provide financial and technical assistance to the State of Nevada, and any affected unit of local government requesting such assistance. “(ii) Such assistance shall be designed to mitigate the impact on such State or affected unit of local government of the development of such repository and the characterization of such site. “(iii) Such assistance to such State or affected unit of local government of such State shall commence upon the initiation of site characterization activities. “(B) The State of Nevada and any affected unit of local governmentReports. may request assistance under this subsection by preparing and submitting to the Secretary a report on the economic, social, public health and safety, and environmental impacts that are likely to result from site characterization activities at the Yucca Mountain site. Such report shall be submitted to the Secretary after the Secretary has submitted to the State a general plan for site characterization activities under section 113(b). “(C) As soon as practicable after the Secretary has submitted such site characterization plan, the Secretary shall seek to enter into a binding agreement with the State of Nevada setting forth— “(i) the amount of assistance to be provided under this subsection to such State or affected unit of local government; and “(ii) the procedures to be followed in providing such assistance. “(3)
(A)In addition to financial assistance provided under paragraphsGrants.
(1)and (2), the Secretary shall grant to the State of Nevada and any affected unit of local government an amount each fiscal year equal to the amount such State or affected unit of local government, respectively, would receive if authorized to tax site characterization activities at such site, and the development and operation of such repository, as such State or affected unit of local government taxes the non-Federal real property and industrial activities occurring within such State or affected unit of local government. “(B) Such grants shall continue until such time as all such activities, development, and operation are terminated at such site. “(4)
(A)The State of Nevada or any affected unit of local government may not receive any grant under paragraph
(1)after the expiration of the 1-year period following— “(i) the date on which the Secretary notifies the Governor and legislature of the State of Nevada of the termination of site characterization activities at the site in such State; “(ii) the date on which the Yucca Mountain site is disapproved under section 115; or “(iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site; whichever occurs first. “(B) The State of Nevada or any affected unit of local government may not receive any further assistance under paragraph
(2)with respect to a site if repository construction activities or site characterization activities at such site are terminated by the Secretary or if such activities are permanently enjoined by any court. 101 STAT. 1330–243 “(C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a repository in a State, no Federal funds, shall be made available to such State or affected unit of local government under paragraph
(1)or (2), except for— “(i) such funds as may be necessary to support activities related to any other repository located in, or proposed to be located in, such State, and for which a license to receive and possess has not been in effect for more than 1 year; “(ii) such funds as may be necessary to support State activities pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such State with the Secretary during such 2-year period; and “(iii) such funds as may be provided under an agreement entered into under title IV. “(5) Financial assistance authorized in this subsection shall be made out of amounts held in the Waste Fund. “(6) No State, other than the State of Nevada, may receive financial assistance under this subsection after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987.”. " SEC. 5033. PARTICIPATION OF INDIAN TRIBES. Section 118(b)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10138(b)(5)) is amended by—
(1)striking “or” at the end of clause (ii); and
(2)adding at the end the following new clause: " “(iv) the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987;”. " **PART D—** **NUCLEAR WASTE NEGOTIATOR** SEC. 5041. NUCLEAR WASTE NEGOTIATOR. The Nuclear Waste Policy Act of 1982 is amended by adding at the end the following new title: " “TITLE IV— NUCLEAR WASTE NEGOTIATOR “definition “Sec. 401. For purposes of this title, the term ‘State’ means each[42 USC 10241](/us/usc/t42/s10241). of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, and the Republic of the Marshall Islands. “the office of the nuclear waste negotiator “Sec. 402.
(a)Establishment.— There is established within the[42 USC 10242](/us/usc/t42/s10242). Executive Office of the President the Office of the Nuclear Waste Negotiator. “(b) The Nuclear Waste Negotiator.—
(1)The Office shall bePresident of U.S. headed by a Nuclear Waste Negotiator who shall be appointed by the President, by and with the advice and consent of the Senate. The Negotiator shall hold office at the pleasure of the President, and shall be compensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5, United States Code. 101 STAT. 1330–244 “(2) The Negotiator shall attempt to find a State or Indian tribe willing to host a repository or monitored retrievable storage facility at a technically qualified site on reasonable terms and shall negotiate with any State or Indian tribe which expresses an interest in hosting a repository or monitored retrievable storage facility. “duties of the negotiator “Sec. 403.
(a)Negotiations With Potential Hosts.—
(1)The[42 USC 10243](/us/usc/t42/s10243). Negotiator shall— “(A) seek to enter into negotiations on behalf of the United States, with— “(i) the Governor of any State in which a potential site is located; and “(ii) the governing body of any Indian tribe on whose reservation a potential site is located; and “(B) attempt to reach a proposed agreement between the United States and any such State or Indian tribe specifying the terms and conditions under which such State or tribe would agree to host a repository or monitored retrievable storage facility within such State or reservation. “(2) In any case in which State law authorizes any person or entity other than the Governor to negotiate a proposed agreement under this section on behalf of the State, any reference in this title to the Governor shall be considered to refer instead to such other person or entity. “(b) Consultation With Affected States, Subdivisions of States, and Tribes.— In addition to entering into negotiations under subsection (a), the Negotiator shall consult with any State, affected unit of local government, or any Indian tribe that the Negotiator determines may be affected by the siting of a repository or monitored retrievable storage facility and may include in any proposed agreement such terms and conditions relating to the interest of such States, affected units of local government, or Indian tribes as the Negotiator determines to be reasonable and appropriate. “(c) Consultation With Other Federal Agencies.— The Negotiator may solicit and consider the comments of the Secretary, the Nuclear Regulatory Commission, or any other Federal agency on the suitability of any potential site for site characterization. Nothing in this subsection shall be construed to require the Secretary, the Nuclear Regulatory Commission, or any other Federal agency to make a finding that any such site is suitable for site characterization. “(d) Proposed Agreement.—
(1)The Negotiator shall submit to the Congress any proposed agreement between the United States and a State or Indian tribe negotiated under subsection
(a)and an environmental assessment prepared under section 404(a) for the site concerned. “(2) Any such proposed agreement shall contain such terms and conditions (including such financial and institutional arrangements) as the Negotiator and the host State or Indian tribe determine to be reasonable and appropriate and shall contain such provisions as are necessary to preserve any right to participation or compensation of such State, affected unit of local government, or Indian tribe under sections 116(c), 117, and 118(b). “(3)
(A)No proposed agreement entered into under this section shall have legal effect unless enacted into Federal law. 101 STAT. 1330–245 “(B) A State or Indian tribe shall enter into an agreement under this section in accordance with the laws of such State or tribe Nothing in this section may be construed to prohibit the disapproval of a proposed agreement between a State and the United States under this section by a referendum or an act of the legislature of such State. “(4) Notwithstanding any proposed agreement under this section, the Secretary may construct a repository or monitored retrievable storage facility at a site agreed to under this title only if authorized by the Nuclear Regulatory Commission in accordance with the Atomic Energy Act of 1954 (42 U.S.C. 2012 et seq.), title II of the Energy Reorganization Act of 1982 (42 U.S.C. 5841 et seq.) and any other law applicable to authorization of such construction. “environmental assessment of sites “Sec. 404.
(a)In General.— Upon the request of the Negotiator, [42 USC 10244](/us/usc/t42/s10244). the Secretary shall prepare an environmental assessment of any site that is the subject of negotiations under section 403(a). “(b) Contents.—
(1)Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of characterizing such site and the construction and operation of a repository at such site. “(2) Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the probable impacts of construction and operation of such a facility at such site. “(c) Judicial Review.— The issuance of an environmental assessment under subsection
(a)shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5, United States Code, and section 119. “(d) Public Hearings.—
(1)In preparing an environmental assessment for any repository or monitored retrievable storage facility site, the Secretary shall hold public hearings in the vicinity of such site to inform the residents of the area in which such site is located that such site is being considered and to receive their comments. “(2) At such hearings, the Secretary shall solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment required under subsection
(a)and the site characterization plan described in section 113(b)(1). “(e) Public Availability.— Each environmental assessment prepared under subsection
(a)shall be made available to the public. “(f) Evaluation of Sites.—
(1)In preparing an environmental assessment under subsection (a), the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at any site that is the subject of such assessment unless— “(A) such preliminary boring or excavation activities were in progress on or before the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987; or “(B) the Secretary certifies that, in the absence of preliminary borings or excavations, adequate information will not be available to satisfy the requirements of this Act or any other law. “(2) No preliminary boring or excavation conducted under this section shall exceed a diameter of 40 inches. 101 STAT. 1330–246 “site characterization; licensing “Sec. 405.
(a)Site Characterization.— Upon enactment of legislation[42 USC 10245](/us/usc/t42/s10245). to implement an agreement to site a repository negotiated under section 403(a), the Secretary shall conduct appropriate site characterization activities for the site that is the subject of such agreement subject to the conditions and terms of such agreement. Any such site characterization activities shall be conducted in accordance with section 113, except that references in such section to the Yucca Mountain site and the State of Nevada shall be deemed to refer to the site that is the subject of the agreement and the State or Indian tribe entering into the agreement. “(b) Licensing.—
(1)Upon the completion of site characterization activities carried out under subsection (a), the Secretary shall submit to the Nuclear Regulatory Commission an application for construction authorization for a repository at such site. “(2) The Nuclear Regulatory Commission shall consider an application for a construction authorization for a repository or monitored retrievable storage facility in accordance with the laws applicable to such applications, except that the Nuclear Regulatory Commission shall issue a final decision approving or disapproving the issuance of a construction authorization not later than 3 years after the date of the submission of such application. “monitored retrievable storage “Sec. 406.
(a)Construction and Operation.— Upon enactment of[42 USC 10246](/us/usc/t42/s10246). legislation to implement an agreement negotiated under section 403(a) to site a monitored retrievable storage facility, the Secretary shall construct and operate such facility as part of an integrated nuclear waste management system in accordance with the terms and conditions of such agreement. “(b) Financial Assistance.— The Secretary may make grants toGrants. any State, Indian tribe, or affected unit of local government to assess the feasibility of siting a monitored retrievable storage facility under this section at a site under the jurisdiction of such State, tribe, or affected unit of local government. “environmental impact statement “Sec. 407.
(a)In General.— Issuance of a construction authorization[42 USC 10247](/us/usc/t42/s10247). for a repository or monitored retrievable storage facility under section 405(b) shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(b) Preparation.— A final environmental impact statement shall be prepared by the Secretary under such Act and shall accompany any application to the Nuclear Regulatory Commission for a construction authorization. “(c) Adoption.—
(1)Any such environmental impact statement shall, to the extent practicable, be adopted by the Nuclear Regulatory Commission, in accordance with section 1506.3 of title 40, Code of Federal Regulations, in connection with the issuance by the Nuclear Regulatory Commission of a construction authorization and license for such repository or monitored retrievable storage facility. “(2)
(A)In any such statement prepared with respect to a repository to be constructed under this title at the Yucca Mountain site,101 STAT. 1330–247 the Nuclear Regulatory Commission need not consider the need for a repository, the time of initial availability of a repository, alternate sites to the Yucca Mountain site, or nongeologic alternatives to such site. “(B) In any such statement prepared with respect to a repository to be constructed under this title at a site other than the Yucca Mountain site, the Nuclear Regulatory Commission need not consider the need for a repository, the time of initial availability of a repository, or nongeologic alternatives to such site but shall consider the Yucca Mountain site as an alternate to such site in the preparation of such statement. “administrative powers of the negotiator “Sec. 408. In carrying out his functions under this title, the[42 USC 10248](/us/usc/t42/s10248). Negotiator may— “(1) appoint such officers and employees as he determines to be necessary and prescribe their duties; “(2) obtain services as authorized by section 3109 of title 5, United States Code, at rates not to exceed the rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5, United States Code; “(3) promulgate such rules and regulations as may be necessary to carry out such functions; “(4) utilize the services, personnel, and facilities of other Federal agencies (subject to the consent of the head of any such agency); “(5) for purposes of performing administrative functionsContracts. under this title, and to the extent funds are appropriated, enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary and on such terms as the Negotiator determines to be appropriate, with any agency or instrumentality of the United States, or with any public or private person or entity; “(6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United States Code; “(7) adopt an official seal, which shall be judicially noticed; “(8) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States; “(9) hold such hearings as are necessary to determine the views of interested parties and the general public; and “(10) appoint advisory committees under the Federal Advisory Committee Act (5 U.S.C. App.). “cooperation of other departments and agencies “Sec. 409. Each department, agency, and instrumentality of the[42 USC 10249](/us/usc/t42/s10249). United States, including any independent agency, may furnish the Negotiator such information as he determines to be necessary to carry out his functions under this title. “termination of the office “Sec. 410. The Office shall cease to exist not later than 30 days[42 USC 10250](/us/usc/t42/s10250). after the date 5 years after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987. 101 STAT. 1330–248 “authorization of appropriations “Sec. 411. Notwithstanding subsection
(d)of section 302, and[42 USC 10251](/us/usc/t42/s10251). subject to subsection
(e)of such section, there are authorized to be appropriated for expenditures from amounts in the Waste Fund established in subsection
(c)of such section, such sums as may be necessary to carry out the provisions of this title.”. " **PART E—** **NUCLEAR WASTE TECHNICAL REVIEW BOARD** SEC. 5051. NUCLEAR WASTE TECHNICAL REVIEW BOARD. The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is further amended by adding at the end the following new title: " “TITLE V— NUCLEAR WASTE TECHNICAL REVIEW BOARD “definitions “Sec. 501. As used in this title: “(1) The term ‘Chairman’ means the Chairman of the Nuclear[42 USC 10261](/us/usc/t42/s10261). Waste Technical Review Board. “(2) The term ‘Board’ means the Nuclear Waste Technical Review Board established under section 502. “nuclear waste technical review board “Sec. 502.
(a)Establishment.— There is established a Nuclear[42 USC 10262](/us/usc/t42/s10262). Waste Technical Review Board that shall be an independent establishment within the executive branch. “(b) Members.—
(1)The Board shall consist of 11 members whoPresident of U.S. shall be appointed by the President not later than 90 days after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987 from among persons nominated by the National Academy of Sciences in accordance with paragraph (3). “(2) The President shall designate a member of the Board to servePresident of U.S. as chairman. “(3)
(A)The National Academy of Sciences shall, not later than 90 days after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987, nominate not less than 22 persons for appointment to the Board from among persons who meet the qualifications described in subparagraph (C). “(B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C). “(C)
(i)Each person nominated for appointment to the Board shall be— “(I) eminent in a field of science or engineering, including environmental sciences; and “(II) selected solely on the basis of established records of distinguished service. “(ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to activities under this title. “(iii) No person shall be nominated for appointment to the Board who is an employee of— “(I) the Department of Energy; 101 STAT. 1330–249 “(II) a national laboratory under contract with the Department of Energy; or “(III) an entity performing high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Energy. “(4) Any vacancy on the Board shall be filled by the nomination and appointment process described in paragraphs
(1)and (3). “(5) Members of the Board shall be appointed for terms of 4 years, each such term to commence 120 days after the date of enactment of the Nuclear Waste Policy Amendments Act of 1987, except that of the 11 members first appointed to the Board, 5 shall serve for 2 years and 6 shall serve for 4 years, to be designated by the President at the time of appointment. “functions “Sec. 503. The Board shall evaluate the technical and scientific[42 USC 10263](/us/usc/t42/s10263). validity of activities undertaken by the Secretary after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987, including— “(1) site characterization activities; and “(2) activities relating to the packaging or transportation of high-level radioactive waste or spent nuclear fuel. “investigatory powers “Sec. 504.
(a)Hearings.— Upon request of the Chairman or a[42 USC 10264](/us/usc/t42/s10264). majority of the members of the Board, the Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. “(b) Production of Documents.—
(1)Upon the request of the Chairman or a majority of the members of the Board, and subject to existing law, the Secretary (or any contractor of the Secretary) shall provide the Board with such records, files, papers, data, or information as may be necessary to respond to any inquiry of the Board under this title. “(2) Subject to existing law, information obtainable under paragraph
(1)shall not be limited to final work products of the Secretary, but shall include drafts of such products and documentation of work in progress. “compensation of members “Sec. 505.
(a)In General.— Each member of the Board shall be[42 USC 10265](/us/usc/t42/s10265). paid at the rate of pay payable for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the Board. “(b) Travel Expenses.— Each member of the Board may receive travel expenses, including per diem in lieu of subsistence, in the same manner as is permitted under sections 5702 and 5703 of title 5, United States Code. “staff “Sec. 506.
(a)Clerical Staff.—
(1)Subject to paragraph (2), the[42 USC 10266](/us/usc/t42/s10266). Chairman may appoint and fix the compensation of such clerical101 STAT. 1330–250 staff as may be necessary to discharge the responsibilities of the Board. “(2) Clerical staff shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. “(b) Professional Staff.—
(1)Subject to paragraphs
(2)and (3), the Chairman may appoint and fix the compensation of such professional staff as may be necessary to discharge the responsibilities of the Board. “(2) Not more than 10 professional staff members may be appointed under this subsection. “(3) Professional staff members may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule. “support services “Sec. 507.
(a)General Services.— To the extent permitted by law[42 USC 10267](/us/usc/t42/s10267). and requested by the Chairman, the Administrator of General Services shall provide the Board with necessary administrative services, facilities, and support on a reimbursable basis. “(b) Accounting, Research, and Technology Assessment Services.— The Comptroller General, the Librarian of Congress, and the Director of the Office of Technology Assessment shall, to the extent permitted by law and subject to the availability of funds, provide the Board with such facilities, support, funds and services, including staff, as may be necessary for the effective performance of the functions of the Board. “(c) Additional Support.— Upon the request of the Chairman, the Board may secure directly from the head of any department or agency of the United States information necessary to enable it to carry out this title, “(d) Mails.— The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. “(e) Experts and Consultants.— Subject to such rules as may be prescribed by the Board, the Chairman may procure temporary and intermittent services under section 310900) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule. “report “Sec. 508. The Board shall report not less than 2 times per year to[42 USC 10268](/us/usc/t42/s10268). Congress and the Secretary its findings, conclusions, and recommendations. The first such report shall be submitted not later than 12 months after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987. 101 STAT. 1330–251 “authorization of appropriations “Sec. 509. Notwithstanding subsection
(d)of section 302, and[42 USC 10269](/us/usc/t42/s10269). subject to subsection
(e)of such section, there are authorized to be appropriated for expenditures from amounts in the Waste Fund established in subsection
(c)of such section such sums as may be necessary to carry out the provisions of this title. “termination of the board “Sec. 510. The Board shall cease to exist not later than 1 year[42 USC 10270](/us/usc/t42/s10270). after the date on which the Secretary begins disposal of high-level radioactive waste or spent nuclear fuel in a repository.”. " **PART F—** **MISCELLANEOUS** SEC. 5061. TRANSPORTATION. Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121–10171) is further amended by adding at the end the following new subtitle: " “Subtitle H—Transportation “transportation “SEC. 180.
(a)No spent nuclear fuel or high-level radioactive waste[42 USC 10175](/us/usc/t42/s10175). may be transported by or for the Secretary under subtitle A or under subtitle C except in packages that have been certified for such purpose by the Commission. “(b) The Secretary shall abide by regulations of the Commission regarding advance notification of State and local governments prior to transportation of spent nuclear fuel or high-level radioactive waste under subtitle A or under subtitle C. “(c) The Secretary shall provide technical assistance and funds to States for training for public safety officials of appropriate units of local government and Indian tribes through whose jurisdiction the Secretary plans to transport spent nuclear fuel or high-level radioactive waste under subtitle A or under subtitle C. Training shall cover procedures required for safe routine transportation of these materials, as well as procedures for dealing with emergency response situations. The Waste Fund shall be the source of funds for work carried out under this subsection.”. " SEC. 5062. TRANSPORTATION OF PLUTONIUM BY AIRCRAFT THROUGH UNITED STATES AIR SPACE. [42 USC 5841 note](/us/usc/t42/s5841).
(a)In General.— Notwithstanding any other provision of law, no form of plutonium may be transported by aircraft through the air space of the United States from a foreign nation to a foreign nation unless the Nuclear Regulatory Commission has certified to Congress that the container in which such plutonium is transported is safe, as determined in accordance with subsection (b), the second undesignated paragraph under section 201 of Public Law 94–79 (89 Stat. 413; 42 U.S.C. 5841 note), and all other applicable laws.
(b)Responsibilities of the Nuclear Regulatory Commission.—
(1)Determination of safety.— The Nuclear Regulatory Commission shall determine whether the container referred to in subsection
(a)is safe for use in the transportation of plutonium by aircraft and transmit to Congress a certification for the101 STAT. 1330–252 purposes of such subsection in the case of each container determined to be safe.
(2)Testing.— In order to make a determination with respect to a container under paragraph (1), the Nuclear Regulatory Commission shall—
(A)require an actual drop test from maximum cruising altitude of a full-scale sample of such container loaded with test materials; and
(B)require an actual crash test of a cargo aircraft fully 7777Copy read “full”. loaded with full-scale samples of such container loaded with test material unless the Commission determines, after consultation with an independent scientific review panel, that the stresses on the container produced by other tests used in developing the container exceed the stresses which would occur during a worst case plutonium air shipment accident.
(3)Limitation.— The Nuclear Regulatory Commission may not certify under this section that a container is safe for use in the transportation of plutonium by aircraft if the container ruptured or released its contents during testing conducted in accordance with paragraph (2).
(4)Evaluation.— The Nuclear Regulatory Commission shall evaluate the container certification required by title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) and subsection
(a)in accordance with the National Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.) and all other applicable law.
(c)Content of Certification.— A certification referred to in subsection
(a)with respect to a container shall include—
(1)the determination of the Nuclear Regulatory Commission as to the safety of such container;
(2)a statement that the requirements of subsection (b)(2) were satisfied in the testing of such container; and
(3)a statement that the container did not rupture or release its contents into the environment during testing.
(d)Design of Testing Procedures.— The tests required by subsection
(b)shall be designed by the Nuclear Regulatory Commission to replicate actual worst case transportation conditions to the maximum extent practicable. In designing such tests, the Commission shall provide for public notice of the proposed test procedures, provide a reasonable opportunity for public comment on such procedures, and consider such comments, if any.
(e)Testing Results: Reports and Public Disclosure.— The Nuclear Regulatory Commission shall transmit to Congress a report on the results of each test conducted under this section and shall make such results available to the public.
(f)Alternative Routes and Means of Transportation.— With President of U.S. respect to any shipments of plutonium from a foreign nation to a foreign nation which are subject to United States consent rights contained in an Agreement for Peaceful Nuclear Cooperation, the President is authorized to make every effort to pursue and conclude arrangements for alternative routes and means of transportation, including sea shipment. All such arrangements shall be subject to stringent physical security conditions, and other conditions designed101 STAT. 1330–253 to protect the public health and safety, and provisions of this section, and all other applicable laws.
(g)Inapplicability to Medical Devices.— Subsections
(a)through
(e)shall not apply with respect to plutonium in any form contained in a medical device designed for individual human application.
(h)Inapplicability to Military Uses.— Subsections
(a)through
(e)shall not apply to plutonium in the form of nuclear weapons nor to other shipments of plutonium determined by the Department of Energy to be directly connected with the United States national security or defense programs.
(i)Inapplicability to Previously Certified Containers.— This section shall not apply to any containers for the shipment of plutonium previously certified as safe by the Nuclear Regulatory Commission under Public Law 94–79 (89 Stat. 413; 42 U.S.C. 5841 note).
(j)Payment of Costs.— All costs incurred by the Nuclear Regulatory Commission associated with the testing program required by this section, and administrative costs related thereto, shall be reimbursed to the Nuclear Regulatory Commission by any foreign country receiving plutonium shipped through United States airspace in containers specified by the Commission. SEC. 5063. SUBSEABED DISPOSAL. Title II of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10191–10203) is amended by adding at the end the following new section: " “subseabed disposal “Sec. 224.
(a)Study.— Within 270 days after the date of theReports.[42 USC 10204](/us/usc/t42/s10204). enactment of the Nuclear Waste Policy Amendments Act of 1987, the Secretary shall report to Congress on subseabed disposal of spent nuclear fuel and high-level radioactive waste. The report under this subsection shall include— “(1) an assessment of the current state of knowledge of subseabed disposal as an alternative technology for disposal of spent nuclear fuel and high-level radioactive waste; “(2) an estimate of the costs of subseabed disposal; “(3) an analysis of institutional factors associated with subseabed disposal, including international aspects of a decision of the United States to proceed with subseabed disposal as an option for nuclear waste management; “(4) a full discussion of the environmental and public health and safety aspects of subseabed disposal; “(5) recommendations on alternative ways to structure an effort in research, development, and demonstration with respect to subseabed disposal; and “(6) the recommendations of the Secretary with respect to research, development and demonstration in subseabed disposal of spent nuclear fuel and high-level radioactive waste. “(b) Office of Subseabed Disposal Research.—
(1)There isEstablishment. hereby established an Office of Subseabed Disposal Research within the Office of Energy Research of the Department of Energy. The Office shall be headed by the Director, who shall be a member of the Senior Executive Service appointed by the Director of the Office of Energy Research, and compensated at a rate determined by applicable law. 101 STAT. 1330–254 “(2) The Director of the Office of Subseabed Disposal Research shall be responsible for carrying out research, development, and demonstration activities on all aspects of subseabed disposal of high-level radioactive waste and spent nuclear fuel, subject to the general supervision of the Secretary. The Director of the Office shall be directly responsible to the Director of the Office of Energy Research, and the first such Director shall be appointed within 30 days of the date of enactment of the Nuclear Waste Policy Amendments Act of 1987. “(3) In carrying out his responsibilities under this Act, the SecretaryGrants.Contracts. may make grants to, or enter into contracts with, the Subseabed Consortium described in subsection
(d)of this section, and other persons. “(4)
(A)Within 60 days of the date of enactment of the Nuclear Waste Policy Amendments Act of 1987, the Secretary shall establish a university-based Subseabed Consortium involving leading oceanographic universities and institutions, national laboratories, and other organizations to investigate the technical and institutional feasibility of subseabed disposal. “(B) The Subseabed Consortium shall develop a research plan and budget to achieve the following objectives by 1995: “(i) demonstrate the capacity to identify and characterize potential subseabed disposal sites; “(ii) develop conceptual designs for a subseabed disposal system, including estimated costs and institutional requirements; and “(iii) identify and assess the potential impacts of subseabed disposal on the human and marine environment. “(C) In 1990, and again in 1995, the Subseabed Consortium shallReports. report to Congress on the progress being made in achieving the objectives of paragraph (2). “(5) The Director of the Office of Subseabed Disposal ResearchReports. shall annually prepare and submit a report to the Congress on the activities and expenditures of the Office.”. " SEC. 5604. DRY CASK STORAGE.
(a)Study.— During the period between the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987 and October 1, 1988, the Secretary of Energy (hereinafter in this section referred to as the “Secretary”) shall conduct a study and evaluation of the use of dry cask storage technology at the sites of civilian nuclear power reactors for the temporary storage of spent nuclear fuel until such time as a permanent geologic repository has been constructed and licensed by the Nuclear Regulatory Commission (hereinafter in this section referred to as the “Commission”) and is capable of receiving spent nuclear fuel. The Secretary shall report to Congress on theReports. study under this paragraph by October 1, 1988.
(b)Contents of Study.— In conducting the study under paragraph
(1)the Secretary shall—
(1)consider the costs of dry cask storage technology, the extent to which dry cask storage on the site of civilian nuclear power reactors will affect human health and the environment, the extent to which the storage on the sites of civilian nuclear power reactors affects the costs and risk of transporting spent nuclear fuel to a central facility such as a monitored retrievable storage facility, and any other factors the Secretary considers appropriate; 101 STAT. 1330–255
(2)consider the extent to which amounts in the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) can be used, and should be used, to provide funds to construct, operate, maintain, and safeguard spent nuclear fuel in dry cask storage at the sites for civilian nuclear power reactors;
(3)consult with the Commission and include the views of the Commission in the report under paragraph (1); and
(4)solicit the views of State and local governments and the public. SEC. 5065. AMENDMENTS TO THE TABLE OF CONTENTS. The table of contents of the Nuclear Waste Policy Act of 1982 is amended by—
(1)adding at the end of subtitle C the following new sections: “Sec. 142. Authorization of monitored retrievable storage. “Sec. 143. Monitored Retrievable Storage Commission. “Sec. 144. Survey. “Sec. 145. Site selection. “Sec. 146. Notice of disapproval. “Sec. 147. Benefits agreement. “Sec. 148. Construction authorization. “Sec. 149. Financial assistance.”;
(2)adding at the end of title I the following new subtitles: “Subtitle E— Redirection of the Nuclear Waste Program “Sec. 160. Selection of Yucca Mountain site. “Sec. 161. Siting a second repository. “Subtitle F— Benefits “Sec. 170. Benefits agreements. “Sec. 171. Content of agreements. “Sec. 172. Review panel. “Sec. 173. Termination. “Subtitle G— Other Benefits “Sec. 174. Consideration in siting facilities. “Sec. 175. Report. “Subtitle H— Transportation “Sec. 180. Transportation.”;
(3)adding at the end of title II the following new section. “Sec. 224. Subseabed disposal.”; and
(4)adding at the end the following new titles: “Title IV— Nuclear Waste Negotiator “Sec. 401. Definition. “Sec. 402. The Office of Nuclear Waste Negotiator. “Sec. 403. Duties of the Negotiator. “Sec. 404. Environmental assessment of sites. “Sec. 405. Site characterization; licensing. “Sec. 406. Monitored retrievable storage “Sec. 407. Environmental impact statement. “Sec. 408. Administrative powers of the Negotiator “Sec. 409. Cooperation of other departments and agencies. “Sec. 410. Termination of the office.”. 101 STAT. 1330–256 Subtitle B— Federal Onshore Oil and Gas Leasing Reform Act of 1987 Federal Onshore Oil and Gas Leasing Reform Act of 1987.Contracts. SEC. 5101. SHORT TITLE; REFEERENCES.
(a)Short Title.— This subtitle may be cited as the “Federal[30 USC 181 note](/us/usc/t30/s181). Onshore Oil and Gas Leasing Reform Act of 1987”.
(b)References.— Any reference in this subtitle to the “Act of February 25, 1920”, is a reference to the Act of February 25, 1920, entitled “An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain” (30 U.S.C. 181 and following). SEC. 5102. OIL AND GAS LEASING SYSTEM.
(a)Competitive Bidding.— Section 17(b)(1) of the Act of February 25, 1920 (30 U.S.C. 226(b)(1)), is amended to read as follows: " “(b)
(A)All lands to be leased which are not subject to leasing under paragraph
(2)of this subsection shall be leased as provided in this paragraph to the highest responsible qualified bidder by competitive bidding under general regulations in units of not more than 2,560 acres, except in Alaska, where units shall be not more than 5,760 acres. Such units shall be as nearly compact as possible. Lease sales shall be conducted by oral bidding. Lease sales shall be held for each State where eligible lands are available at least quarterly and more frequently if the Secretary of the Interior determines such sales are necessary. A lease shall be conditioned upon the payment of a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold from the lease. The Secretary shall accept the highest bid from a responsible qualified bidder which is equal to or greater than the national minimum acceptable bid, without evaluation of the value of the lands proposed for lease. Leases shall be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year. All bids for less than the national minimum acceptable bid shall be rejected. Lands for which no bids are received or for which the highest bid is less than the national minimum acceptable bid shall be offered promptly within 30 days for leasing under subsection
(c)of this section and shall remain available for leasing for a period of 2 years after the competitive lease sale. “(B) The national minimum acceptable bid shall be $2 per acre for a period of 2 years from the date of enactment of the Federal Onshore Oil and Gas Leasing Reform Act of 1987. Thereafter, the Regulations. Secretary may establish by regulation a higher national minimum acceptable bid for all leases based upon a finding that such action is necessary:
(i)to enhance financial returns to the United States; and
(ii)to promote more efficient management of oil and gas resources on Federal lands. Ninety days before the Secretary makes any change in the national minimum acceptable bid, the Secretary shall notify the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The proposal or promulgation of any regulation to establish a national minimum acceptable bid shall not be considered a major Federal action subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969.”. " 101 STAT. 1330–257
(b)Noncompetitive Leasing.— Section 17(c) of the Act of February 25, 1920 (30 U.S.C. 226(c)), is amended to read as follows: " “(c)
(1)If the lands to be leased are not leased under subsection (b)(1) of this section or are not subject to competitive leasing under subsection (b)(2) of this section, the person first making application for the lease who is qualified to hold a lease under this Act shall be entitled to a lease of such lands without competitive bidding, upon payment of a non-refundable application fee of at least $75. A lease under this subsection shall be conditioned upon the payment of a royalty at a rate of 12.5 percent in amount or value of the production removed or sold from the lease. Leases shall be issued within 60 days of the date on which the Secretary identifies the first responsible qualified applicant. “(2)
(A)Lands
(i)which were posted for sale under subsection (b)(1) of this section but for which no bids were received or for which the highest bid was less than the national minimum acceptable bid and
(ii)for which, at the end of the period referred to in subsection (b)(l) of this section no lease has been issued and no lease application is pending under paragraph
(1)of this subsection, shall again be available for leasing only in accordance with subsection (b)(1) of this section. “(B) The land in any lease which is issued under paragraph
(1)of this subsection or under subsection (b)(1) of this section which lease terminates, expires, is cancelled or is relinquished shall again be available for leasing only in accordance with subsection (b)(1) of this section.”. "
(c)Rentals.— Section 17(d) of the Act of February 25, 1920 (30 U.S.C. 226(d)), is amended to read as follows: " “(d) All leases issued under this section, as amended by the Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be conditioned upon payment by the lessee of a rental of not less than $1.50 per acre per year for the first through fifth years of the lease and not less than $2 per acre per year for each year thereafter. A minimum royalty in lieu of rental of not less than the rental which otherwise would be required for that lease year shall be payable at the expiration of each lease year beginning on or after a discovery of oil or gas in paying quantities on the lands leased.”. "
(d)Notice and Reclamation.—
(1)Section 17 of the Act of February 25, 1920 (30 U.S.C. 226), is amended by redesignating subsections
(f)through
(k)as subsections
(i)through
(n)and by adding the following new subsections
(f)through (h): " “(f) At least 45 days before offering lands for lease under thisPublic information. section, and at least 30 days before approving applications for permits to drill under the provisions of a lease or substantially modifying the terms of any lease issued under this section, the Secretary shall provide notice of the proposed action. Such notice shall be posted in the appropriate local office of the leasing and land management agencies. Such notice shall include the terms or modified lease terms and maps or a narrative description of the affected lands. Where the inclusion of maps in such notice is not practicable, maps of the affected lands shall be made available to the public for review. Such maps shall show the location of all tracts to be leased, and of all leases already issued in the general area. The requirements of this subsection are in addition to any public notice required by other law. “(g) The Secretary of the Interior, or for National Forest lands,Regulations. the Secretary of Agriculture, shall regulate all surface-disturbing101 STAT. 1330–258 activities conducted pursuant to any lease issued under this Act, and shall determine reclamation and other actions as required in the interest of conservation of surface resources. No permit to drill on an oil and gas lease issued under this Act may be granted without the analysis and approval by the Secretary concerned of a plan of operations covering proposed surface-disturbing activities within the lease area. The Secretary concerned shall, by rule or regulation, establish such standards as may be necessary to ensure that an adequate bond, surety, or other financial arrangement will be established prior to the commencement of surface-disturbing activities on any lease, to ensure the complete and timely reclamation of the lease tract, and the restoration of any lands or surface waters adversely affected by lease operations after the abandonment or cessation of oil and gas operations on the lease. The Secretary shall not issue a lease or leases or approve the assignment of any lease or leases under the terms of this section to any person, association, corporation, or any subsidiary, affiliate, or person controlled by or under common control with such person, association, or corporation, during any period in which, as determined by the Secretary of the Interior or Secretary of Agriculture, such entity has failed or refused to comply in any material respect with the reclamation requirements and other standards established under this section for any prior lease to which such requirements and standards applied. Prior to making such determination with respect to any such entity the concerned Secretary shall provide such entity with adequate notification and an opportunity to comply with such reclamation requirements and other standards and shall consider whether any administrative or judicial appeal is pending. Once the entity has complied with the reclamation requirement or other standard concerned an oil or gas lease may be issued to such entity under this Act. “(h) The Secretary of the Interior may not issue any lease on National Forest System Lands reserved from the public domain over the objection of the Secretary of Agriculture.”. "
(2)Section 31(h) of the Act of February 25, 1920 (30 U.S.C. 188(h)), is amended by striking out “section 17(j)” and substituting “section 17(m)”. SEC. 5103. ASSIGNMENTS. Sections 30(a) and 30(b) of the Act of February 25, 1920 (30 U.S.C. 187a, 187b), are redesignated as sections 30A and 30B, respectively, and the third sentence of section 30A, as so redesignated, is amended to read as follows: "The Secretary shall disapprove the assignment or sublease only for lack of qualification of the assignee or sublease or for lack of sufficient bond: *Provided*, however, That the Secretary may, in his discretion, disapprove an assignment of any of the following, unless the assignment constitutes the entire lease or is demonstrated to further the development of oil and gas: “(1) A separate zone or deposit under any lease. “(2) A part of a legal subdivision. “(3) Less than 640 acres outside Alaska or of less than 2,560 acres within Alaska. Requests for approval of assignment or sublease shall be processed promptly by the Secretary. Except where the assignment or sublease is not in accordance with applicable law, the approval shall be given 7 within 60 days of the date of receipt by the Secretary of a request for such approval.”. 101 STAT. 1330–259 SEC. 5104. LEASE CANCELLATION. The first sentence of section 31(b) of the Act of February 25, 1920 (30 U.S.C. 1880(b)) is amended to read as follows: “Any lease issued after August 21, 1935, under the provisions of section 17 of this Act shall be subject to cancellation by the Secretary of the Interior after 30 days notice upon the failure of the lessee to comply with any of the provisions of the lease, unless or until the leasehold contains a well capable of production of oil or gas in paying quantities, or the lease is committed to an approved cooperative or unit plan or communitization agreement under section 17(m) of this Act which contains a well capable of production of unitized substances in paying quantities.”. SEC. 5105. ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT. Section 1008 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3148) is amended as follows:
(1)Subsections
(c)and
(e)are deleted in their entirety.
(2)The second sentence of subsection 1008(d) is deleted. SEC. 5106. PENDING APPLICATIONS, OFFERS, AND BIDS. [30 USC 226 note](/us/usc/t30/s226).
(a)Notwithstanding any other provision of this subtitle and except as provided in subsection
(b)of this section, all noncompetitive oil and gas lease applications and offers and competitive oil and gas bids pending on the date of enactment of this subtitle shall be processed, and leases shall be issued under the provisions of the Act of February 25, 1920, as in effect before its amendment by this subtitle, except where the issuance of any such lease would not be lawful under such provisions or other applicable law,
(b)No noncompetitive lease applications or offers pending on the date of enactment of this subtitle for lands within the Shawnee National Forest, Illinois; the Ouachita National Forest, Arkansas; Fort Chafee, Arkansas; or Eglin7878Copy read “Elgin”. Air Force Base, Florida; shall be processed until these lands are posted for competitive bidding in accordance with section 5102 of this subtitle. If any such tract does not receive a bid equal to or greater than the national minimum acceptable bid from a responsible qualified bidder then the noncompetitive applications or offers pending for such a tract shall be reinstated and noncompetitive leases issued under the Act of February 25, 1920, as in effect before its amendment by this subtitle, except where the issuance of any such lease would not be lawful under such provisions or other applicable law. If competitive leases are issued for any such tract, then the pending noncompetitive application or offer shall be rejected.
(c)Except as provided in subsections
(a)and
(b)of this section, all oil and gas leasing pursuant to the Act of February 25, 1920, after the date of enactment of this subtitle shall be conducted in accordance with the provisions of this subtitle. SEC. 5107. REGULATIONS; TEST SALE. [30 USC 226 note](/us/usc/t30/s226).
(a)Regulations.— The Secretary shall issue final regulations to implement this subtitle within 180 days after the enactment of this subtitle. The regulations shall be effective when published in theEffective date.Federal Register, publication. Federal Register.
(b)Treatment Under Other Law.— The proposal or promulgation of such regulations shall not be considered a major Federal101 STAT. 1330–260 action subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969.
(c)Test Sale.— The Secretary may hold one or more lease sales conducted in accordance with the amendments made by this subtitle before promulgation of regulations referred to in subsection (a). Sale procedures for such sale shall be established in the notice of sale. SEC. 5108. ENFORCEMENT. The Act of February 25, 1920, is amended by inserting after section 40 the following new section: " “SEC. 41. ENFORCEMENT. “(a) Violations.— It shall be unlawful for any person: “(1) to organize or participate in any scheme, arrangement, plan, or agreement to circumvent or defeat the provisions of this Act or its implementing regulations, or “(2) to seek to obtain or to obtain any money or property by means of false statements of material facts or by failing to state material facts concerning: “(A) the value of any lease or portion thereof issued or to be issued under this Act; “(B) the availability of any land for leasing under this Act; “(C) the ability of any person to obtain leases under this Act; or “(D) the provisions of this Act and its implementing regulations. “(b) Penalty.— Any person who knowingly violates the provisions of subsection
(a)of this section shall be punished by a fine of not more than $500,000, imprisonment for not more than five years, or both. “(c) Civil Actions.— Whenever it shall appear that any person is engaged, or is about to engage, in any act which constitutes or will constitute a violation of subsection
(a)of this section, the Attorney General may institute a civil action in the district court of the United States for the judicial district in which the defendant resides or in which the violation occurred or in which the lease or land involved is located, for a temporary restraining order, injunction, civil penalty of not more than $100,000 for each violation, or other appropriate remedy, including but not limited to, a prohibition from participation in exploration, leasing, or development of any Federal mineral, or any combination of the foregoing. “(d) Corporations.—
(1)Whenever a corporation or other entity is subject to civil or criminal action under this section, any officer, employee, or agent of such corporation or entity who knowingly authorized, ordered, or carried out the proscribed activity shall be subject to the same action. “(2) Whenever any officer, employee, or agent of a corporation or other entity is subject to civil or criminal action under this section for activity conducted on behalf of the corporation or other entity, the corporation or other entity shall be subject to the same action, unless it is shown that the officer, employee, or agent was acting without the knowledge or consent of the corporation or other entity. “(e) Remedies, Fines, and Imprisonment.— The remedies, penalties, fines, and imprisonment prescribed in this section shall be concurrent and cumulative and the exercise of one shall not preclude the exercise of the others. Further, the remedies, penalties,101 STAT. 1330–261 fines, and imprisonment prescribed in this section shall be in addition to any other remedies, penalties, fines, and imprisonment afforded by any other law or regulation. “(f) State Civil Actions.—
(1)A State may commence a civil action under subsection
(c)of this section against any person conducting activity within the State in violation of this section. Civil actions brought by a State shall only be brought in the United States district court for the judicial district in which the defendant resides or in which the violation occurred or in which the lease or land involved is located. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to order appropriate remedies and penalties as described in subsection
(c)of this section. “(2) A State shall notify the Attorney General of the United States of any civil action filed by the State under this subsection within 30 days of filing of the action. The Attorney General of the United States shall notify a State of any civil action arising from activity conducted within that State filed by the Attorney General under this subsection within 30 days of filing of the action. “(3) Any civil penalties recovered by a State under this subsection shall be retained by the State and may be expended in such manner and for such purposes as the State deems appropriate. If a civil action is jointly brought by the Attorney General and a State, by more than one State or by the Attorney General and more than one State, any civil penalties recovered as a result of the joint action shall be shared by the parties bringing the action in the manner determined by the court rendering judgment in such action. “(4) If a State has commenced a civil action against a person conducting activity within the State in violation of this section, the Attorney General may join in such action but may not institute a separate action arising from the same activity under this section. If the Attorney General has commenced a civil action against a person conducting activity within a State in violation of this section, that State may join in such action but may not institute a separate action arising from the same activity under this section. “(5) Nothing in this section shall deprive a State of jurisdiction to enforce its own civil and criminal laws against any person who may also be subject to civil and criminal action under this section.”. " SEC. 5109. PAYMENTS TO STATES. Section 35 of the Act of February 25, 1920 (30 U.S.C. 191) is amended by adding the following at the end thereof: “In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”. SEC. 5110. REPORT. [30 USC 226 note](/us/usc/t30/s226). The Secretary shall submit annually for 5 years after enactment of this subtitle to the Congress a report containing appropriate information to facilitate congressional monitoring of this subtitle. Such report shall include, but not be limited to—
(1)the number of acres leased, and the number of leases issued, competitively and noncompetitively;
(2)the amount of revenue received from bonus bids, filing fees, rentals, and royalties;
(3)the amount of production from competitive and noncompetitive leases; and 101 STAT. 1330–262
(4)such other data and information as will facilitate—
(A)an assessment of the onshore oil and gas leasing system, and
(B)a comparison of the system as revised by this subtitle with the system in operation prior to the enactment of this subtitle. SEC. 5111. LAND USE STUDY. [30 USC 226 note](/us/usc/t30/s226). The National Academy of Sciences and the Comptroller General of the United States shall conduct a study of the manner in which oil and gas resources are considered in the land use plans developed by the Secretary of the Interior in accordance with provisions of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743) and the Secretary of Agriculture in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 476), as amended by the National Forest Management Act of 1976 (90 Stat. 2949), and recommend any improvements that may be necessary to ensure that—
(1)potential oil and gas resources are adequately addressed in planning documents;
(2)the social, economic, and environmental consequences of exploration and development of oil and gas resources are determined; and
(3)any stipulations to be applied to oil and gas leases are clearly identified. SEC. 5112. LANDS NOT SUBJECT TO OIL AND GAS LEASING. The Act of February 25, 1920, is amended by adding the following at the end thereof: " “SEC. 43. LANDS NOT SUBJECT TO OIL AND GAS LEASING. [30 USC 226–3](/us/usc/t30/s226–3). “(a) Prohibition.— The Secretary shall not issue any oil and gas lease under this Act on any of the following Federal lands: “(1) Lands recommended for wilderness allocation by the surface managing agency. “(2) Lands within Bureau of Land Management wilderness study areas. “(3) Lands designated by Congress as wilderness study areas, except where oil and gas leasing is specifically allowed to continue by the statute designating the study area. “(4) Lands within areas allocated for wilderness or further planning in Executive Communication 1504, Ninety-Sixth Congress (House Document numbered 96–119), unless such lands are allocated to uses other than wilderness by a land and resource management plan or have been released to uses other than wilderness by an act of Congress. “(b) Exploration.— In the case of any area of National Forest or public lands subject to this section, nothing in this section shall affect any authority of the Secretary of the Interior (or for National Forest Lands reserved from the public domain, the Secretary of Agriculture) to issue permits for exploration for oil and gas by means not requiring construction of roads or improvement of existing roads if such activity is conducted in a manner compatible with the preservation of the wilderness environment.”. " 101 STAT. 1330–263 SEC. 5113. SHORT TITLE. The Act of February 25, 1920, is amended by inserting after section 43 the following new section: " “SEC. 44. SHORT TITLE. Mineral Leasing Act.[30 USC 181 note](/us/usc/t30/s181). “This Act may be cited as the ‘Mineral Leasing Act’.”. " Subtitle C— Land and Water Conservation Fund and Tongass Timber Supply Fund SEC. 5201. LAND AND WATER CONSERVATION FUND ACT AMENDMENTS.
(a)Admission Fees.— Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–6a(a)) is amended as follows:
(1)Paragraph
(1)is amended by striking out “$10” and inserting in lieu thereof “$25” in the first sentence.
(2)Paragraph
(1)is further amended by striking out “(1)” and inserting in lieu thereof “(1)(A)” and adding the following new subparagraph at the end thereof: " “(B) For admission into a specific designated unit of the National Park System, or into several specific units located in a particular geographic area, the Secretary is authorized to make available an annual admission permit for a reasonable fee. The fee shall not exceed $15 regardless of how many units of the park system are covered. The permit shall convey the privileges of, and shall be subject to the same terms and conditions as, the Golden Eagle Passport, except that it shall be valid only for admission into the specific unit or units of the National Park System indicated at the time of purchase.”. "
(3)Paragraph
(2)is amended by adding the following sentences at the end thereof: “The fee for a single-visit permit at any designated area applicable to those persons entering by private, noncommercial vehicle shall be no more than $5 per vehicle. The single-visit permit shall admit the permittee and all persons accompanying him in a single vehicle. The fee for a single-visit permit at any designated area applicable to those persons entering by any means other than a private noncommercial vehicle shall be no more than $3 per person. Except as otherwise provided in this subsection, the maximum fee amounts set forth in this paragraph shall apply to all designated areas.”.
(4)Paragraph
(3)is amended by adding the following new sentence at the end thereof: “Notwithstanding any other provision of this Act, no admission fee may be charged at any unit of the National Park System which provides significant outdoor recreation opportunities in an urban environment and to which access is publicly available at multiple locations.”.
(5)Add the following new paragraphs: " “(6)
(A)No later than 60 days after the date of enactment of Reports. this paragraph, the Secretary of the Interior shall submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report on the entrance fees proposed to be charged at units of the National Park System. The report shall include a list of units of the101 STAT. 1330–264 National Park System and the entrance fee proposed to be charged at each unit. The Secretary of the Interior shall include in the report an explanation of the guidelines used in applying the criteria in subsection (d). “(B) Following submittal of the report to the respective committees, any proposed changes to matters covered in the report, including the addition or deletion of park units or the increase or decrease of fee levels at park units shall not take effect until 60 days after notice of the proposed change has been submitted to the committees. “(7) No admission fee may be charged at any unit of the National Park System for admission of any person 16 years of age or less. “(8) No admission fee may be charged at any unit of the National Park System for admission of organized school groups or outings conducted for educational purposes by schools or other bona fide educational institutions. “(9) No admission fee may be charged at the following units of the National Park System; U.S.S. Arizona Memorial, Independence National Historical Park, any unit of the National Park System within the District of Columbia, Arlington House-Robert E. Lee National Memorial, San Juan National Historic Site, and Canaveral National Seashore. “(10) For each unit of the National Park System where an admission fee is collected, the Director shall annually designate at least one day during periods of high visitation as a ‘Fee-Free Day’ when no admission fee shall be charged. “(11) In the case of the following parks, the fee for a single-visit permit applicable to those persons entering by private, noncommercial vehicle (the permittee and all persons accompanying him in a single vehicle) shall be no more than $10 per vehicle and the fee for a single-visit permit applicable to persons entering by any means other than a private noncommercial vehicle shall be no more than $5 per person: Yellowstone National Park and Grand Teton National Park and after the end of fiscal year 1990, Grand Canyon National Park. In the case of Yellowstone and Grand Teton, a single-visit fee collected at one unit shall also admit the vehicle or person who paid such fee for a single-visit to the other unit. “(12) Notwithstanding section 203 of the Alaska National Interest Lands Conservation Act, the Secretary may charge an admission fee under this section at Denali National Park and Preserve in Alaska.”. "
(b)Visitor Reservation Services.— Section 4(f) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–6a(f)) is amended to read as follows: " “(f) The head of any Federal agency, under such terms and Contracts. conditions as he deems appropriate, may contract with any public or private entity to provide visitor reservation services. Any such contract may provide that the contractor shall be permitted to deduct a commission to be fixed by the agency head from the amount charged the public for providing such services and to remit the net proceeds therefrom to the contracting agency.”. "
(c)Special Provisions.— Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–6a) is amended by adding the following new subsections at the end thereof: 101 STAT. 1330–265 " “(i)
(1)Except in the case of fees collected by the United States Contracts. Fish and Wildlife Service or the Tennessee Valley Authority, all receipts from fees collected pursuant to this section by any Federal agency (or by any public or private entity under contract with a Federal agency) shall be covered into a special account for that agency established in the Treasury of the United States. Fees collected by the Secretary of Agriculture pursuant to this subsection shall continue to be available for the purposes of distribution to States and counties in accordance with applicable law. “(2) Amounts covered into the special account for each agency during each fiscal year shall, after the end of such fiscal year, be available for appropriation solely for the purposes and in the manner provided in this subsection. No funds shall be transferred from fee receipts made available under this Act to each unit of the national park system: Provided, however, That in making appropriations, funds derived from such fees may be used for any purpose authorized therein. Funds credited to the special account shall remain available until expended. “(3) For agencies other than the National Park Service, such funds shall be made available for resource protection, research, interpretation, and maintenance activities related to resource protection in areas managed by that agency at which outdoor recreation is available. To the extent feasible, such funds should be used for purposes (as provided for in this paragraph) which are directly related to the activities which generated the funds, including but not limited to water-based recreational activities and camping. “(4) Amounts covered into the special account for the National Park Service shall be allocated among park system units in accordance with subsection
(j)for obligation or expenditure by the Director of the National Park Service for the following purposes: “(A) In the case of receipts from the collection of admission fees: for resource protection, research, and interpretation at units of the National Park System. “(B) In the case of receipts from the collection of user fees: for resource protection, research, interpretation, and maintenance activities related to resource protection at units of the National Park System. “(j)
(1)10 percent of the funds made available to the Director of the National Park Service under subsection
(i)in each fiscal year shall be allocated among units of the National Park System on the basis of need in a manner to be determined by the Director. “(2) 40 percent of the funds made available to the Director of the National Park Service under subsection
(i)in each fiscal year shall be allocated among units of the National Park System in accordance with paragraph
(3)of this subsection and 50 percent shall be allocated in accordance with paragraph
(4)of this subsection. “(3) The amount allocated to each unit under this paragraph for each fiscal year shall be a fraction of the total allocation to all units under this paragraph. The fraction for each unit shall be determined by dividing the operating expenses at that unit during the prior fiscal year by the total operating expenses at all units during the prior fiscal year. “(4) The amount allocated to each unit under this paragraph for each fiscal year shall be a fraction of the total allocation to all units under this paragraph. The fraction for each unit shall be determined by dividing the user fees and admission fees collected under101 STAT. 1330–266 this section at that unit during the prior fiscal year by the total of user fees and admission fees collected under this section at all units during the prior fiscal year. “(5) Amounts allocated under this subsection to any unit for any fiscal year and not expended in that fiscal year shall remain available for expenditure at that unit until expended. “(k) When authorized by the head of the collecting agency, volunteers at designated areas may sell permits and collect fees authorized or established pursuant to this section. The head of such agency shall ensure that such volunteers have adequate training regarding— “(1) the sale of permits and the collection of fees, “(2) the purposes and resources of the areas in which they are assigned, and “(3) the provision of assistance and information to visitors to the designated area. The Secretary shall require a surety bond for any such volunteer performing services under this subsection. Funds available to the collecting agency may be used to cover the cost of any such surety bond. The head of the collecting agency may enter into arrangements with qualified public or private entities pursuant to which such entities may sell (without cost to the United States) annual admission permits (including Golden Eagle Passports) at any appropriate location. Such arrangements shall require each such entity to reimburse the United States for the full amount to be received from the sale of such permits at or before the agency delivers the permits to such entity for sale. “(l)
(1)Where the National Park Service provides transportation to view all or a portion of any unit of the National Park System, the Director may impose a charge for such service in lieu of an admission fee under this section. The charge imposed under this paragraph shall not exceed the maximum admission fee under subsection (a). “(2) Notwithstanding any other provision of law, half of the charges imposed under paragraph
(1)shall be retained by the unit of the National Park System at which the service was provided. The remainder shall be covered into the special account referred to in subsection
(i)in the same manner as receipts from fees collected pursuant to this section. Fifty percent of the amount retained shall be expended only for maintenance of transportation systems at the unit where the charge was imposed. The remaining 50 percent of the retained amount shall be expended only for activities related to resource protection at such units. “(m) Where the primary public access to a unit of the National Park System is provided by a concessioner, the Secretary may charge an admission fee at such units only to the extent that the total of the fee charged by the concessioner for access to the unit and the admission fee does not exceed the maximum amount of the admission fee which could otherwise be imposed under subsection (a).”. "
(d)Repeals.—
(1)Title I of Public Law 96–514 is amended by[16 USC 460*l*-5a](/us/usc/t16/s460l-5a). striking out the following provisions which appear under the heading “Land and Water Conservation Fund”: “Notwithstanding the provisions of Public Law 90–401, revenues from recreation fee collections by Federal agencies shall hereafter be paid into the Land and Water Conservation Fund, to be available for appropriation for any or all purposes authorized by the Land and Water Conservation101 STAT. 1330–267 Fund Act of 1965, as amended, without regard to the source of such Revenues.”.
(2)Section 402 of the Act of October 12, 1979 (93 Stat. 664), is[16 USC 460*l*-6b](/us/usc/t16/s460l-6b). hereby repealed.
(3)The seventh paragraph of title I of the Energy and Water Development Appropriation Act, 1982, entitled “Special Recreation Use Fees” is hereby repealed. [16 USC 460*l*-5a note](/us/usc/t16/s460l-5a).
(e)Study.—
(1)The Secretary of the Interior shall assess the extent to which traffic congestion and overcrowding occurs at certain[16 USC 460*l*-6a note](/us/usc/t16/s460l-6a). park system units during times of seasonally high usage and shall conduct a study of the following—
(A)the feasibility of reducing vehicular traffic within national park system units through fee reductions for visitors traveling by bus and through other means which could shift visitation from automobiles to buses; and
(B)the feasibility of encouraging more even seasonal distribution of visitation.
(2)The study shall include a pilot project to be carried out in Yosemite National Park. For purposes of such pilot project, the Secretary may reduce the fees for admission of various classes or categories of visitors to Yosemite National Park and may reduce the admission fees imposed at the park during seasons with low visitation. A report containing the results of the study shall be transmittedReports. to the Committee on Interior and Insular Affairs of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate within 3 years after the enactment of this Act.
(f)Extension of Land and Water Conservation Fund.—
(1)Section 2 of the Land and Water Conservation Fund Act of 1965 (16[16 USC 460*l*-5](/us/usc/t16/s460l-5). U.S.C. 4601 and following) is amended as follows:
(A)In the matter preceding subsection
(a)strike “1989” and substitute “2015”.
(B)In subsection (c)(1) strike “1989” and substitute “2015”.
(2)The last sentence of section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601 and following) is amended to[16 USC 460*l*-6](/us/usc/t16/s460l-6). read as follows: “Moneys made available for obligation or expenditure from the fund or from the special account established under section 4(i)(l) may be obligated or expended only as provided in this Act.”.
(g)Relationship to Fiscal Year 1988 Appropriations.— For purposes of legislation providing appropriations for the fiscal year 1988 to the Department of the Interior, the provisions of this section shall be treated as “permanent statutory language” establishing entrance fees for the National Park Service. SEC. 5202. TONGASS TIMBER SUPPLY FUND. [16 USC 539d note](/us/usc/t16/s539d). From the period beginning on October 1, 1987, and extending until September 30, 1989, the provisions of section 705(a) of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 539(d)) shall not be effective. In lieu thereof, the following provision shall apply: " “There is hereby authorized to be appropriated the sum of at least Appropriation authorization. $40,000,000 annually (or such sums as the Secretary of Agriculture determines necessary) to maintain the timber supply from the Tongass National Forest to dependent industry at a rate of 4,500,000,000 foot board measure per decade.” " 101 STAT. 1330–268 Subtitle D— Reclamation SEC. 5301. SALE OF BUREAU OF RECLAMATION LOANS. [43 USC 421b note](/us/usc/t43/s421b).
(a)Sale.— The Secretary of the Interior (hereinafter in this section referred to as the “Secretary”), under such terms as the Secretary shall prescribe, shall sell or otherwise dispose of loan" made pursuant to the Distribution System Loans Act (43 U.S.C. 421a–421d), the Small Reclamation Projects Act (43 U.S.C. 422a–4221), and the Rehabilitation and Betterment Act (43 U.S.C. 504–505) in such amounts as to realize net proceeds to the Federal Government of not less than $130,000,000 in the fiscal year ending September 30, 1988. In the conduct of such sales, the Secretary shall take such actions as Contracts. he deems appropriate to accommodate, effectuate, and otherwise protect the rights and obligations of the United States and the borrowers under the contracts executed to provide for repayment of such loans.
(b)Savings Provisions.— Nothing in this section, including the prepayment or other disposition of any loan or loans, shall—
(1)except to the extent that prepayment may have been authorized heretofore, relieve the borrower from the application of the provisions of Federal Reclamation law (Act of June 17, 1902, and Acts amendatory thereof or supplementary thereto, including the Reclamation Reform Act of 1982), including acreage limitations, to the extent such provisions would apply absent such prepayment, or
(2)authorize the transfer of title to any federally owned facilities funded by the loans specified in subsection
(a)of this section without a specific Act of Congress.
(c)Fees and Expenses of Program.— Proceeds from the conduct of the program authorized by this section shall be first used to pay the fees and expenses of such program and the net proceeds shall be deposited in the Treasury of the United States as miscellaneous receipts.
(d)Termination.— The authority granted by this section to sell or otherwise dispose of loans shall terminate on December 31, 1988. SEC. 5302. RECLAMATION REFORM ACT AMENDMENTS.
(a)Audit.— Section 224 of the Reclamation Reform Act of 1982 [43 USC 390ww](/us/usc/t43/s390ww). (Public Law 97–293) is amended by adding the following new subsections after subsection (f): " “(g) In addition to any other audit or compliance activities which may otherwise be undertaken, the Secretary of the Interior, or his designee, shall conduct a thorough audit of the compliance with the reclamation law of the United States, specifically including this Act, by legal entities and individuals subject to such law. At a minimum, the Secretary shall complete audits of those legal entities and individuals whose landholdings or operations exceed 960 acres within 3 years. The Secretary shall submit an annual written report Reports. to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Such report shall summarize the legal entities and individuals audited, the results of such audits, and the actions taken by the Secretary to correct any instances of noncompliance with the reclamation law. “(h) The provisions of section 205(c) are and have been applicable Contracts. to all recordable contracts executed prior to October 12, 1982, and any decision, rule, or regulation promulgated by the Department of101 STAT. 1330–269 the Interior to the contrary is hereby revoked: Provided, That notwithstanding the provisions of subsection (i), the Secretary shall not seek reimbursement for any amounts due under this subsection or section 205(c) which was due prior to the date of enactment of this subsection. “(i) When the Secretary finds that any individual or legal entity subject to reclamation law, including this Act, has not paid the required amount for irrigation water delivered to a landholding pursuant to reclamation law, including this Act, he shall collect the amount of any underpayment with interest accruing from the date the required payment was due until paid. The interest rate shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing marketable issues sold by the Treasury during the period of underpayment.”. "
(b)Revocable Trusts.— Section 214 of the Reclamation Reform Act of 1982 (Public Law 97–293) is amended by inserting “(a)” after[43 USC 390nn](/us/usc/t43/s390nn). “214” and by adding the following new subsection at the end thereof: " “(b) Lands placed in a revocable trust shall be attributable to the grantor if— “(1) the trust is revocable at the discretion of the grantor and revocation results in the title to such lands reverting either directly or indirectly to the grantor; or “(2) the trust is revoked or terminated by its terms upon the expiration of a specified period of time and the revocation or termination results in the title to such lands reverting either directly or indirectly to the grantor.”. " Subtitle E— Panama Canal SEC. 5401. REFERENCE TO THE PANAMA CANAL ACT OF 1979. Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Panama Canal Act of 1979 (22 U.S.C. 3601 and following). **PART 1—** **PANAMA CANAL REAUTHORIZATION** SEC. 5411. OPERATING EXPENSES. There is authorized to be appropriated from the Panama Canal Commission Fund to the Panama Canal Commission (hereafter in this part referred to as the "Commission") for the fiscal year beginning October 1, 1987, not to exceed $467,050,000, for necessary expenses of the Commission incurred under the Panama Canal Act of 1979 (22 U.S.C. 3601 and following), including expenses for—
(1)the hire of passenger motor vehicles and aircraft;
(2)the purchase of passenger motor vehicles as may be necessary for fiscal year 1988, the number and price of which shall not exceed the amount provided in appropriation Acts; except that large heavy-duty passenger sedans used to transport Commission employees across the Isthmus of Panama may be purchased for fiscal year 1988 without regard to price limitations set forth in applicable regulations of any department or agency of the United States; 101 STAT. 1330–270
(3)official receptions and representation expenses, except that not more than $43,000 may be made available for such expenses, of which
(A)not more than $10,000 may be made available for such expenses of the Supervisory Board of the Commission,
(B)not more than $5,000 may be made available for such expenses of the Secretary of the Commission, and
(C)not more than $28,000 may be made available for such expenses of the Administrator of the Commission;
(4)the procurement of expert and consultant services as provided in section 3109 of title 5, United States Code;
(5)a residence for the Administrator of the Commission;
(6)uniforms, or allowances therefor, as authorized by section 5901 and 5902 of title 5, United States Code;
(7)disbursements by the Administrator of the Commission for employee recreation and community projects; and
(8)the operation of guide services. SEC. 5412. CAPITAL OUTLAY. Of any funds appropriated pursuant to section 5411, not more than $37,000,000 (which is authorized to remain available until expended) may be made available for the acquisition, construction, replacement and improvements of facilities, structures, and equipment required by the Commission. SEC. 5413. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS. In addition to the amount authorized to be appropriated by section 5411, there are authorized to be appropriated to the Commission for the fiscal year 1988 such amounts as may be necessary for—
(1)increases in salary, pay, retirement, and other employee benefits provided by law;
(2)covering payments to Panama under paragraph 4(a) of Article XIII of the Panama Canal Treaty of 1977, as provided by section 1341(a) of the Panama Canal Act of 1979 (22 U.S.C. 3751(a)); and
(3)increased costs for fuel. SEC. 5414. INSURANCE. Section 1419 (22 U.S.C. 3779) is amended by inserting “or other unpredictable events” after “marine accidents”. SEC. 5415. AUTHORITY TO LEASE OFFICE SPACE. Contracts.[22 USC 3712a](/us/usc/t22/s3712a). Notwithstanding section 210 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490), the Commission is authorized to negotiate directly and enter into contracts for the lease of, and for improvements to, real property in the United States for use by the Commission as office space, on such terms as the Commission considers to be in the interest of the United States, and to make direct payments therefor. SEC. 5416. COMPENSATION OF BOARD MEMBERS. Section 11020)) (22 U.S.C. 3612(b)) is amended by inserting before the period at the end thereof the following: “or, as authorized by the Chairman of the Board, while on 7979Copy read “an”. official Panama Canal Commission business”. 101 STAT. 1330–271 SEC. 5117. SETTLEMENT OF CLAIMS.
(a)Settlement of Claims.— Section 1401(b) (22 U.S.C. 3761(b)) is amended to read as follows: " “(b) The Commission may pay not more than $50,000 on any claim described in subsection (a).”. "
(b)Injuries to Vessels Without Pilots.— Section 1411(b)(1) (22 U.S.C. 3771(b)(1)) is amended by striking out “adjust and pay” and all that follows through “$50,000” and inserting in lieu thereof “pay not more than $50,000 on the claim”. SEC. 5118. REPORT TO CONGRESS. [22 USC 3871 note](/us/usc/t22/s3871). Out of the funds authorized to be appropriated by this part, the Commission shall prepare and submit to the Congress a report on—
(1)the condition of the Panama Canal and potential adverse effects on United States shipping and commerce;
(2)the effect on canal operations of the military forces under Manuel Noriega. General Noriega; and
(3)the Commission’s evaluation of the effect on canal operations if the Panamanian Government continues to withhold its consent to major factors in the United States Senate’s ratification of the Panama Canal Treaties. **PART 2—** **PANAMA CANAL REVOLVING FUND** Panama Canal Revolving Fund Act.[22 USC 3601 note](/us/usc/t22/s3601). SEC. 5421. SHORT TITLE. This part may be referred to as the “Panama Canal Revolving Fund Act”. SEC. 5422. ESTABLISHMENT OF REVOLVING FUND.
(a)Establishment.— Section 1302 (22 U.S.C. 3712) is amended by striking out subsections
(a)through
(d)and inserting in lieu thereof the following: " “Sec. 1302.
(1)There is established in the Treasury of the United States a revolving fund to be known as the ‘Panama Canal Revolving Fund’. The Panama Canal Revolving Fund shall, subject to subsection (c), be available to the Commission to carry out the purposes, functions, and powers authorized by this Act, including for— “(A) the hire of passenger motor vehicles and aircraft; “(B) uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; “(C) official receptions and representation expenses of the Board, the Secretary of the Commission, and the Administrator; “(D) the operation of guide services; “(E) a residence for the Administrator; “(F) disbursements by the Administrator for employee and community projects; and “(G) the procurement of expert and consultant services as provided in section 3109 of title 5, United States Code. “(2) On the effective date of the Panama Canal Revolving Fund Act— “(A) the Panama Canal Commission Fund shall be terminated and the unappropriated balance, including undeposited receipts as of the close of business on the day before the effective date of the Panama Canal Revolving Fund Act, shall be transferred to the Panama Canal Revolving Fund; 101 STAT. 1330–272 “(B) the unexpended balance of appropriations to the Commission, as of the close of business on the day before the effective date of the Panama Canal Revolving Fund Act, shall be transferred to the Panama Canal Revolving Fund, and such amounts, including amounts appropriated for capital expenditures, shall remain available until expended; “(C) the assets and liabilities recorded before such effective date under the ‘Panama Canal Commission Fund’ shall be recorded under the Panama Canal Revolving Fund; and “(D) the Panama Canal Emergency Fund shall be terminated and the remaining balance shall be transferred to the Panama Canal Revolving Fund. “(b) Upon completion of the transfers of funds under subsection (a)— “(1) amounts attributable to interest on the investment of the United States in the Panama Canal which accrued before January 1, 1986, shall be transferred from the Panama Canal Revolving Fund to the general fund of the Treasury; and “(2) such amounts as were appropriated to the Commission in the fiscal year which ended September 30, 1980, and for which the Commission has not reimbursed the general fund of the Treasury, shall be transferred to the general fund of the Treasury. “(c)
(1)There shall be deposited in the Panama Canal Revolving Fund, on a continuing basis, toll receipts and all other receipts of the Commission. Except as provided in section 1303 and subject to paragraph (2), no funds may be obligated or expended by the Commission in any fiscal year unless such obligation or expenditure has been specifically authorized by law. “(2) No funds may be obligated or expended by the Commission in any fiscal year for administrative expenses except to the extent or in such amounts as are provided in appropriations Acts. “(3) No funds may be authorized for the use of the Commission, or obligated or expended by the Commission in any fiscal year in excess of— “(A) the amount of revenues deposited in the Panama Canal Revolving Fund during such fiscal year, plus “(B) the amount of revenues deposited in the Panama Canal Revolving Fund before such fiscal year and remaining unexpended at the beginning of such fiscal year. Not later than 30 days after the end of each fiscal year, the Reports. Secretary of the Treasury shall report to the Congress the amount of revenues deposited in the Panama Canal Revolving Fund during such fiscal year. “(d) With the approval of the Secretary of the Treasury, the Commission may deposit amounts in the Panama Canal Revolving Fund in any Federal Reserve bank, any depository for public funds, or in such other places and in such manner as the Commission and the Secretary may agree. “(e) The Committee on Appropriations of each House of Congress shall review the annual budget of the Commission, including operations and capital expenditures.”. "
(b)Conforming Amendments.—
(1)The section heading for section 1302 is amended to read as follows: [22 USC 3712](/us/usc/t22/s3712). 101 STAT. 1330–273 “panama canal revolving fund”.
(2)The item relating to section 1302 in the table of contents of the Panama Canal Act of 1979 is amended to read as follows: “1302.Panama Canal Revolving Fund.”. SEC. 5423. EMERGENCY AUTHORITY.
(a)Grant of Authority.— Section 1303 (22 U.S.C. 3713) is amended to read as follows: " “Sec. 1303. If authorizing legislation described in section 1302(c)(1) has not been enacted for a fiscal year, then the Commission may withdraw funds from the Panama Canal Revolving Fund in order to defray emergency expenses and to ensure the continuous, efficient, and safe operation of the Panama Canal, including expenses for capital projects. The authority of this section may not be used for administrative expenses. The authority of this section may be exercised only until authorizing legislation described in section 1302(c)(1) is enacted, or for a period of 24 months after the end of the fiscal year for which such authorizing legislation was last enacted, whichever occurs first. Within 60 days after the end of any calendar Reports. quarter in which expenditures are made under this section, the Commission shall report such expenditures to the appropriate committees of the Congress.”. "
(b)Conforming Amendments.—
(1)The section heading for section 1303 is amended by striking out “Fund” and inserting in lieu[22 USC 3713](/us/usc/t22/s3713). thereof “Authority”.
(2)The item relating to section 1303 in the table of contents of the Panama Canal Act of 1979 is amended by striking out “fund” and inserting in lieu thereof “authority”. SEC. 5424. BORROWING AUTHORITY.
(a)Grant of Authority.— Subchapter I of chapter 3 of title I (22 U.S.C. 3711 and following) is amended by adding at the end thereof the following new section: " “borrowing authority “Sec. 1304.
(a)The Panama Canal Commission may borrow from[22 USC 3714](/us/usc/t22/s3714). the Treasury, for any of the purposes of the Commission, not more than $100,000,000 outstanding at any time. For this purpose, the Commission may issue to the Secretary of the Treasury its notes or other obligations— “(1) which shall have maturities (of not later than December 31, 1999) agreed upon by the Commission and the Secretary of the Treasury, and “(2) which may be redeemable at the option of the Commission before maturity. “(b) Amounts borrowed under this section shall not be available for payments to Panama under Article XIII of the Panama Canal Treaty of 1977. “(c) Amounts borrowed under this section shall increase the investment of the United States in the Panama Canal, and repayment of such amounts shall decrease such investment. “(d) The Commission shall report to the Congress and to the OfficeReports. of Management and Budget on each exercise of borrowing authority under this section.”. " 101 STAT. 1330–274
(b)Conforming Amendment.— The table of contents of the Panama Canal Act of 1979 is amended by inserting after the item relating to section 1303 the following: “1304. Borrowing authority.”. SEC. 5425. CALCULATION OF INTEREST.
(a)Calculation of Interest.— Section 1603 (22 U.S.C. 3793) is amended—
(1)in subsection (b)(1)(A), by striking out “appropriations to the Commission made on or after the effective date of this Act” and inserting in lieu thereof “the Panama Canal Revolving Fund,”;
(2)in subsection (b)(2)(A), by striking out “covered into the Panama Canal Commission Fund pursuant to section 1302 of this Act” and inserting in lieu thereof “deposited in the Panama Canal Revolving Fund”; and
(3)by adding at the end thereof the following new subsection: " “(d) The Panama Canal Commission shall pay to the Treasury of the United States interest on the investment of the United States, as determined under this section. Such interest shall be deposited in the general fund of the Treasury.”. " SEC. 5426. PAYMENTS TO THE REPUBLIC OF PANAMA. The second sentence of section 1341(e) (22 U.S.C. 3751(e)) is amended—
(1)by striking out “and” before “(6)”; and
(2)by inserting before the period “, and
(7)amounts programmed to meet working capital requirements”. SEC. 5427. BASES OF TOLLS. Section 16020b) (22 U.S.C 3792(b)) is amended by inserting “working capital,” after “depreciation,”. SEC. 5428. TECHNICAL AND CONFORMING AMENDMENTS.
(a)Appliances for Employees Injured Before September 7, 1916.— Section 1246 (22 U.S.C. 3683) is amended by striking out “appropriated” and inserting in lieu thereof “available”.
(b)Disaster Relief.— Section 1343 (22 U.S.C. 3753) is amended by striking out “available funds appropriated” and inserting in lieu thereof “funds available”.
(c)Congressional Restraints on Property Transfers and Tax Expenditures.— Section 1344(b)(4) (22 U.S.C. 3754(b)(4)) is amended—
(1)by striking out “appropriated to or” and inserting in lieu thereof “available”; and
(2)by striking out “Panama Canal Commission Fund” and inserting in lieu thereof “Panama Canal Revolving Fund”.
(d)Civil Service Retirement and Disability Fund.— Section 8348(i)(2) of title 5, United States Code, is amended by striking out “The Secretary of the Treasury shall pay to the Fund from appropriations” and inserting in lieu thereof “The Panama Canal Commission shall pay to the Fund from funds available to it”.
(e)Canal Zone Government Funds.— Section 1301 (22 U.S.C. 3711) is amended—
(1)by amending the second sentence to read as follows: “The Commission may, to the extent of funds available to it, pay101 STAT. 1330–275 claims or make payments chargeable to such accounts, upon proper audit of such claims or payments.”; and
(2)by striking out the third sentence. SEC. 5429. EFFECTIVE DATE. [22 USC 3683 note](/us/usc/t22/s3683). This part and the amendments made by this part take effect on January 1, 1988. Subtitle F— Abandoned Mine Funds in Wyoming SEC. 5501. ALLOCATION OF ABANDONED MINE RECLAMATION FUNDS IN WYOMING. Notwithstanding any other provision of law, the State of Wyoming may, subject to a plan approved by the Governor, expend not more than $2,000,000 from its allocation of fiscal year 1987 appropriated funds under section 402(g) of Public Law 95–87 for direct assistance to citizens evacuated from their homes in the Rawhide and Horizon Subdivisions in Campbell County, Wyoming, due to hazards from methane and hydrogen sulfide gases. Subtitle G— Nuclear Regulatory Commission User Fees SEC. 5601. USER FEES. Section 760103)(1)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99–272; 100 Stat. 147) is amended[42 USC 2213](/us/usc/t42/s2213). by inserting “; except that for fiscal years 1988 and 1989, such percentage shall be increased an additional 6 percent of such costs plus all other assessments made by the Nuclear Regulatory Commission pursuant to House Joint Resolution 395, 100th Congress, 1st Session, as enacted; but in no event shall such percentage be less than a total of 45 percent of such costs in each such fiscal year” after “with respect to such fiscal year”. TITLE VI— CIVIL SERVICE AND POSTAL SERVICE PROGRAMS SEC. 6001. PARTIAL DEFERRED PAYMENT OF LUMP-SUM CREDIT FOR CERTAIN INDIVIDUALS ELECTING ALTERNATIVE FORMS OF ANNUITIES. [5 USC 8343a note](/us/usc/t5/s8343a).
(a)In General.— Notwithstanding any other provision of law, and except as provided in subsection (c), any lump-sum credit payable to an employee or Member pursuant to the election of an alternative form of annuity by such employee or Member under section 8343a or section 8420a of title 5, United States Code, shall be paid in accordance with the schedule under subsection
(b)(instead of the schedule which would otherwise apply), if the commencement date of the annuity payable to such employee or Member occurs after January 3, 1988, and before October 1, 1989.
(b)Schedule of Payments.— The schedule of payment of any lump-sum credit subject to this section is as follows: 101 STAT. 1330–276
(1)60 percent of the lump-sum credit shall be payable on the date on which, but for the enactment of this section, the full amount of the lump-sum credit would otherwise be payable.
(2)The remainder of the lump-sum credit shall be payable on the date which occurs 12 months after the date described in paragraph (1). An amount payable in accordance with paragraph
(2)shall be payable with interest, computed using the rate under section 8334(e)(3) of title 5, United States Code.
(c)Exceptions.— The Office of Personnel Management shall prescribe Regulations. regulations under which this section shall not apply—
(1)in the case of any individual who is separated from Government service involuntarily, other than for cause on charges of misconduct or delinquency; and
(2)in the case of any individual as to whom the application of this section would be against equity and good conscience, due to a life-threatening affliction or other critical medical condition affecting such individual.
(d)Annuity Benefits Not Affected.— Nothing in this section shall affect the commencement date, the amount, or any other aspect of any annuity benefits payable under section 8343a or section 8420a of title 5, United States Code.
(e)Definitions.— For purposes of this section, the terms “lump-sum credit”, “employee”, and “Member” each has the meaning given such term by section 8331 or section 8401 of title 5, United States Code, as appropriate. SEC. 6002. CONTRIBUTIONS BY THE UNITED STATES POSTAL SERVICE TO THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND. [39 USC 2003 note](/us/usc/t39/s2003).
(a)Establishment of Postal Service Escrow Fund.— There is established as a separate account in the United States Treasury, the “Postal Service Escrow Fund”. 79a79aCopy read “Fund.” ”. Such Fund shall—
(1)have such amounts described under subsection (b)(2) deposited no later than October 31, 1988;
(2)not be available for expenditures of any amounts therein during the existence of such Fund; and
(3)cease to exist on October 1, 1989, and on such date all amounts deposited in such Fund under subsection (b)(2) shall be deposited in the Postal Service Fund established under section 2003 of title 39, United States Code.
(b)Deposit of Certain Savings in Certain Funds.—
(1)Fiscal year 1988.— From all funds available to the United States Postal Service in fiscal year 1988, the Postal Service shall deposit into the Civil Service Retirement and Disability Fund established under section 8348 of title 5, United States Code, an amount of $350,000,000 in fiscal year 1988, in addition to any amount deposited pursuant to subsection
(h)of such section.
(2)Fiscal year 1989.— From all funds available to the United States Postal Service in fiscal year 1989, the Postal Service shall deposit into the Postal Service Escrow Fund an amount of $465,000,000 no later than October 31, 1988.
(c)Capital Limitations for Fiscal Years 1988 and 1989.—
(1)The United States Postal Service may not make any commitment or obligation to expend any monies deposited in the Postal Service Fund established under section 2003 of title 39, United States Code, for the capital investment program—
(A)in excess of $625,000,000 in fiscal year 1988; and 101 STAT. 1330–277
(B)in excess of $1,995,000,000 in fiscal year 1989.
(2)Capital investment programs.— For the purposes of paragraph
(1)the term “capital investment program” shall include all investments in long-term assets and capital investment expenditures (including direct and indirect costs associated with such investments and expenditures, such as obligations through contracts). SEC. 6003. CONTRIBUTIONS BY THE UNITED STATES POSTAL SERVICE TO THE EMPLOYEES HEALTH BENEFITS FUND. [5 USC 8906 note](/us/usc/t5/s8906).
(a)Contributions for Certain Annuitants of the United States Postal Service.— As partial payment to the Employees Health Benefits Fund established under section 8909 of title 5, United States Code, for benefits of certain annuitants and survivor annuitants (no portion of the cost of which was paid by the Postal Service before the date of enactment of this section) the Postal Service shall pay into the Employee Health Benefits Fund $160,000,000 in fiscal year 1988, and $270,000,000 in fiscal year 1989 in addition to any amount deposited into such Fund pursuant to section 8906 of such title 5 in each such fiscal year.
(b)Payment Limitations in Fiscal Years 1988 and 1989.— The partial payment required by subsection
(a)of this section shall—
(1)be from all funds available to the United States Postal Service in each such fiscal year;
(2)be from funds representing savings to the United States Postal Service resulting from savings from the operating budget of the United States Postal Service in each such fiscal year; and
(3)be paid into such Fund in each such fiscal year, without—
(A)increasing borrowing under section 2005 of title 39, United States Code;
(B)using any budgetary resources other than budgetary resources derived from the operating budget of the United States Postal Service; or
(C)increasing postal rates under chapter 36 of title 39, United States Code, for the purposes of financing such payment.
(c)Implementation Plans, Progress Reports, and Compuance for Fiscal Years 1988 and 1989.—
(1)Implementation.— No later than March 1, 1988 for fiscal year 1988, and October 1, 1988 for fiscal year 1989, the United States Postal Service shall—
(A)formulate an implementation plan specifically enumerating the methods by which the Postal Service shall make the payments required under subsection
(b)and fulfill the conditions required under paragraphs (1), (2), and
(3)of such subsection; and
(B)submit such plan to the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives.
(2)Interim report.— No later than July 15, 1988 for fiscal year 1988, and March 1, 1989 for fiscal year 1989, the United States Postal Service shall submit an interim report to the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives on the status of meeting the guidelines and goals of the plans submitted under paragraph (1)(B), and any adjustments necessary to meet the requirements under the101 STAT. 1330–278 provisions of subsection
(b)of this section for each such fiscal year.
(3)Preliminary audit and report by the general accounting office.— No later than September 1, 1988 for fiscal year 1988, and September 1, 1989 for fiscal year 1989, the General Accounting Office shall—
(A)conduct an audit of the plans and adjustments to the plans submitted by the United States Postal Service under paragraphs
(1)and
(2)of this subsection and determine the extent of compliance of the Postal Service with such plans and the requirements of subsection
(b)of this section; and
(B)submit a report of such audit and determinations to the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives. 8080Paragraphs “(4)”, “(A)”, “(B)”, and “(C)”, indented wrong.
(4)Determination of compliance.— On October 31, 1988 for fiscal year 1988, and on October 31, 1989 for fiscal year 1989, the General Accounting Office shall—
(A)make a final audit and determination of whether the United States Postal Service is in compliance with the requirements of subsection
(b)of this section;
(B)submit a final report for each such fiscal year on such compliance to the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives; and
(C)include in each final report submitted under subparagraph (B), such recommendations (if applicable) for any actions to enforce compliance with the provisions of subsection
(b)of this section.
(5)Compliance in fiscal years 1988 and 1989.— Based on the determination of compliance required by subsection (c)(4) of this section for fiscal years 1988 and 1989, the Congress shall (after receiving the recommendation of the General Accounting Office under paragraph (4)(C)) determine appropriate action, if necessary, to enforce compliance with any payment limitation under subsection
(b)of this section. SEC. 6004. TECHNICAL CLARIFICATION. For purposes of section 202 of the Balanced Budget and Emergency Deficit Reaffirmation Act of 1987, the amendments made by this title shall be considered an exception under subsection
(b)of such section. TITLE VII— VETERANS’ PROGRAMS SEC. 7001. SALES OF VENDEE LOANS WITH OR WITHOUT RECOURSE. Section 1816(d) of title 38, United States Code, is amended—
(1)by redesignating paragraph
(3)as subparagraph (C);
(2)by inserting after paragraph
(2)the following: " “(3)
(A)Before October 1, 1989, notes evidencing such loans may be sold with or without recourse as determined by the Administrator, with respect to specific proposed sales of such notes, to be in the best interest of the effective functioning of the loan guaranty program under this chapter, taking into consideration the comparative cost-101 STAT. 1330–279effectiveness of each type of sale. In comparing the cost-effectiveness of conducting a proposed sale of such notes with recourse or without recourse, the Administrator shall, based on available estimates regarding likely market conditions and other pertinent factors as of the time of the sale, determine and consider— “(i) the average amount by which the selling price for such notes sold with recourse would exceed the selling price for such notes if sold without recourse; and “(ii) the total cost of selling such notes with recourse, including— “(I) any estimated discount or premium; “(II) the projected cost, based on Veterans’ Administration experience with the sale of notes evidencing vendee loans with recourse and the quality of the loans evidenced by the notes to be sold, of repurchasing defaulted notes; “(III) the total servicing cost with respect to repurchased notes, including the costs of taxes and insurance, collecting monthly payments, servicing delinquent accounts, and terminating insoluble loans; “(IV) the costs of managing and disposing of properties acquired as the result of defaults on such notes; “(V) the loss or gain on resale of such properties; and “(VI) any other cost determined appropriate by the Administrator. “(B) Not later than 60 days after making any sale described in Reports. subparagraph
(A)of this paragraph occurring before October 1, 1989, the Administrator shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report describing— “(i) the application of the provisions of such subparagraph, and each of the determinations required thereunder, in the case of such sale; “(ii) the results of the sale in comparison to the anticipated results; and “(iii) actions taken by the Administrator to facilitate the marketing of the notes involved.”; and "
(3)in subparagraph (C), as redesignated by clause
(1)of this section—
(A)by striking out “The Administrator may sell any note securing” and inserting in lieu thereof “Beginning on October 1, 1989, the Administrator may sell any note evidencing”; and
(B)by redesignating clauses
(A)and
(B)as clauses
(i)and (ii), respectively. SEC. 7002. LOAN FEE EXTENSION. Section 1829(c) of title 38, United States Code, is amended by striking out “1987” and inserting in lieu thereof “1989”. SEC. 7003. CASH SALES OF PROPERTIES ACQUIRED THROUGH FORECLOSURES.
(a)In General.— Section 1816(d)(1) of title 38, United States Code, is amended by striking out “not more than 75 percent, nor less than 60 percent,” in the first sentence and inserting in lieu thereof “not more than 65 percent, nor less than 50 percent,”.
(b)Effective Date.— The amendment made by subsection
(a)[38 USC 1816 note](/us/usc/t38/s1816). shall take effect as of October 1, 1987. 101 STAT. 1330–280 SEC. 7004. STATUTORY CONSTRUCTION.
(a)Statutory Construction for Purposes of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987.— For the purposes of subsections
(a)and
(b)of section 202 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119), the amendments made by section 7003 achieve savings made possible by changes in program requirements.
(b)Rule for Construction of Duplicate Provisions.— In applying [38 USC 1816 note](/us/usc/t38/s1816). the provisions of this title and the provisions of the Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987 which make the same amendments as the provisions of this title—
(1)the identical provisions of title 38, United States Code, amended by the provisions of this title and the provisions of such Act shall be treated as having been amended only once; and
(2)in executing to title 38, United States Code, the amendments made by this title and by such Act, such amendments shall be executed so as to appear only once in the law. TITLE VIII— BUDGET POLICY AND FISCAL PROCEDURES SEC. 8001. DEFENSE AND DOMESTIC DISCRETIONARY SPENDING LIMITS.
(a)Aggregate Allocations for Defense.— The levels of budget authority and budget outlays for fiscal years 1988 and 1989 for major functional category 050 (National Defense) shall be:
(1)Fiscal year 1988:
(A)New budget authority, $292,000,000,000.
(B)Outlays, $285,400,000,000.
(2)Fiscal year 1989:
(A)New budget authority, $299,500,000,000.
(B)Outlays, $294,000,000,000.
(b)Aggregate Allocations for Domestic Discretionary Spending.— The levels of total budget authority and total budget outlays for fiscal years 1988 and 1989 for all discretionary spending in categories other than major functional category 050 (National Defense) shall be:
(1)Fiscal year 1988:
(A)New budget authority, $162,900,000,000.
(B)Outlays, $176,800,000,000.
(2)Fiscal year 1989:
(A)New budget authority, $166,200,000,000.
(B)Outlays, $185,300,000,000.
(c)Fiscal Year 1989 Budget Resolution.—
(1)House of representatives.— The Committee on the Budget of the House of Representatives 8181Copy read “Representative”. shall report a concurrent resolution on the budget for fiscal year 1989, pursuant to section 301 of the Congressional Budget Act of 1974, in accordance with the appropriate levels of budget authority and budget outlays for major functional category 050 (National Defense) and for all discretionary spending in categories other than101 STAT. 1330–281 major functional category 050 as set forth in subsections (a)(2) and (b)(2).
(2)Point of order in the senate on aggregate allocations for defense and domestic discretionary spending for fiscal year 1989.—
(A)Except as provided in subparagraph (E), it shall not be in order in the Senate to consider any concurrent resolution on the budget for fiscal year 1989 (including a conference report thereon), or any amendment to such a resolution, that would fail to be consistent with the allocations in subsections
(a)and
(b)for such fiscal year.
(B)Subparagraph
(A)may be waived or suspended by a vote of three-fifths of the Members of the Senate, duly chosen and sworn.
(C)If the ruling of the presiding officer of the Senate sustains a point of order raised pursuant to subparagraph (A), a vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of such ruling. Debate on any such appeal shall be limited to two hours, to be equally divided between, and controlled by, the Majority and Minority Leaders, or their designees.
(D)For purposes of this paragraph, the levels of new budget authority, spending authority as described in section 401(c)(2), outlays, and new credit authority for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.
(E)This paragraph shall not apply if a declaration of war by the Congress is in effect or if a resolution pursuant to section 254(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 has been enacted.
(d)Allocations Pursuant to Fiscal Year 1989 Budget Resolution.—
(1)The allocations required to be included in the joint explanatory statement accompanying the conference report on the concurrent resolution on the budget for fiscal year 1989, pursuant to section 302(a) of the Congressional Budget Act of 1974, shall be based upon the levels set forth in subsections (a)(2) and (b)(2) of this section.
(2)The Committee on Appropriations of each House shall, after consulting with the Committee on Appropriations of the other House, make the subdivisions required under section 302(b)(1) of the Congressional Budget Act of 1974 consistent with the allocations in subsections (a)(2) and (b)(2) for fiscal year 1989. SEC. 8002. RESTORATION OF FUNDS SEQUESTERED [2 USC 902 note](/us/usc/t2/s902).
(a)Order Rescinded.— Upon the enactment of this Act and House Joint Resolution 395,100th Congress 8282Copy read “Congres”. session, the orders issued by the President on October 20, 1987, and November 20, 1987, pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 are hereby rescinded. 3 CFR. 1987Comp., pp. 311, 315.
(b)Amounts Restored.— Except as otherwise provided in sections 4001, 4041(b), and 4061, any action taken to implement the orders referred to in subsection
(a)shall be reversed, and any sequesterable resource that has been reduced or sequestered by such orders is hereby restored, revived, or released and shall be available to the101 STAT. 1330–282 same extent and for the same purpose as if the orders had not been issued. SEC. 8003. TECHNICAL AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.
(a)References in Section.— Except as otherwise specifically provided, whenever in this section an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Congressional Budget and Impoundment Control Act of 1974.
(b)Revision of Table of Contents.— Section 1(b) is amended by[88 Stat. 297](/us/stat/88/297). striking “Disapproval of proposed deferrals” and inserting “Proposed deferrals”.
(c)Redesignation of Subparagraph Headings.— Section 3(7) (as amended by section 106(a) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) is amended by—[2 USC 622](/us/usc/t2/s622).
(1)striking section 3(7)(C);
(2)redesignating section 3(7)(D) as 3(7)(C);
(3)redesignating section 3(7)(E) as 3(7)(D);
(4)redesignating section 3(7)(F) as 3(7)(E);
(5)redesignating section 3(7)(G) as 3(7)(F);
(6)redesignating section 3(7)(H) as 3(7)(G); and
(7)redesignating section 3(7)(1) as 3(7)(H).
(d)Grammatical Clarification of Section 305(c).— Section 305(c) (as amended by section 209 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) is amended by inserting a[2 USC 636](/us/usc/t2/s636). comma after “therewith”.
(e)Substitution of “Proposed” for “Made” With Regard to Amendments in Committee.— Section 252(c)(2)(F)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as amended by section 102(a) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) is amended by striking “made” and[2 USC 902](/us/usc/t2/s902). inserting “proposed”.
(f)Clarification of Budget Baseline.— Section 251(a)(6)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as amended by section 102(a) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) is amended by striking[2 USC 901](/us/usc/t2/s901). out “and” before “contract authority” and by inserting before the semicolon at the end thereof the following: “, and that authority to provide insurance through the Federal Housing Administration Fund is continued”. SEC. 8004. PREPARATION OF PRINTED ENROLLED BILL. [1 USC 106 note](/us/usc/t1/s106).
(a)Preparation of Printed Enrollment.—
(1)Upon the enactment of this Act enrolled as a hand enrollment, the Clerk of the House of Representatives shall prepare a printed enrollment of this Act as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this Act as enrolled in the hand enrollment.
(2)A printed enrollment prepared pursuant to paragraph
(1)may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections. 101 STAT. 1330–283
(b)Transmittal to President.— A printed enrollment prepared pursuant to subsection
(a)shall be signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of this Act and shall be transmitted to the President.
(c)Certification by President; Legal Effect.— Upon certification by the President that a printed enrollment transmitted pursuant to subsection
(b)is a correct printing of the hand enrollment of this Act, such printed enrollment shall be considered for all purposes as the original enrollment of this Act and as valid evidence of the enactment of this Act.
(d)Archives.— A printed enrollment certified by the President under subsection
(c)shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing this Act for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection
(c)in lieu of the hand enrollment.
(e)Hand Enrollment Defined.— As used in this section, the term “hand enrollment” means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, United States Code, as authorized by the joint resolution entitled “Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988”, approved December 1987 (H.J. Res. 426 of the 100th Congress). SEC. 8005. ASSET SALES. In the fiscal year 1989 budget process. Congress commits to pass legislation sufficient to achieve the budget summit agreement of $3,500,000,000 of asset sales in fiscal year 1989. TITLE IX— INCOME SECURITY AND RELATED PROGRAMS TABLE OF CONTENTS Subtitle A— OASDI Provisions Part 1— Coverage and Benefits Sec. 9001. Coverage of inactive duty military training. Sec. 9002. Coverage of all cash pay of agricultural employees whose employers spend $2,500 or more a year for agricultural labor. Sec. 9003. Coverage of the employer cost of group-term life insurance. Sec. 9004 , Coverage of services performed by one spouse in the employ of the other. Sec. 9005. Treatment of service performed by an individual in the employ of a parent. Sec. 9006. Application of employer taxes to employees’ cash tips. Sec. 9007. Applicability of Government pension offset to certain Federal employees. Sec. 9008. Modification of agreement with Iowa to provide coverage for certain policemen and firemen. Sec. 9009. Continuation of disability benefits during appeal. Sec. 9010. Extension of disability re-entitlement period from 15 months to 36 months. Part 2— Other Social Security Provisions Sec. 9021. Moratorium on reductions in attorneys’ fees; studies of attorneys’ fee payment system. Sec. 9022. Corporate directors. Sec. 9023. Technical corrections. 101 STAT. 1330–284 Part 3— Railroad Retirement Program Sec. 9031. Increase in rates of tier 2 Railroad Retirement Tax on employees for 1988 and thereafter. Sec. 9032. Increase in rates of tier 2 Railroad Retirement Tax on employers for 1988 and thereafter. Sec. 9033. Commission on Railroad Retirement Reform. Sec. 9034. Transfer to railroad retirement account. Subtitle B— Provisions Relating to Public Assistance and Unemployment Compensation Part 1— AFDC and SSI Amendments Sec. 9101. Permanent extension of disregard of nonprofit organizations’ in-kind assistance to SSI and AFDC recipients. Sec. 9102. Fraud control under AFDC program. Sec. 9103. Exclusion of real property when it cannot be sold. Sec. 9104. Adjustment of penalty where asset is transferred for less than fair market value. Sec. 9105. Exclusion of interest on burial accounts. Sec. 9106. Exception from SSI retrospective accounting for AFDC and certain other assistance payments. Sec. 9107. Technical amendment relating to 1986 amendment concerning the treatment of certain couples in medical institutions. Sec. 9108. Extension of deadline for disabled widows to apply for Medicaid protection under 1984 amendments. Sec. 9109. Increase in SSI emergency advance payments. Sec. 9110. Modification of interim assistance reimbursement program. Sec. 9111. Special notice to blind recipients. Sec. 9112. Rehabilitation services for blind SSI recipients. Sec. 9113. Extending the number of months that an individual in a public emergency shelter can be eligible for SSI. Sec. 9114. Exclusion of underpayments from resources. Sec. 9115. Continuation of full benefit standard for individuals temporarily institutionalized. Sec. 9116. Retention of Medicaid when SSI benefits are lost upon entitlement to early widow’s or widower’s insurance benefits. Sec. 9117. Demonstration program to assist homeless individuals. Sec. 9118. Assistance to homeless AFDC families. Sec. 9119. Increase in personal needs allowance for SSI recipients. Sec. 9120. Exclusion of death benefits to the extent spent on last illness and burial. Sec. 9121. Demonstration of Family Independence Program.8383Copy read “family independence program.”. Sec. 9122. Child support demonstration program in New York State.8484Copy read “state.”. Sec. 9123. Technical correction. Part 2— Social Services, Child Welfare Services, and Other Provisions Relating to Children Sec. 9131. Permanent extension of authority for voluntary foster care placements. Sec. 9132. 2-year extension of foster care ceiling and of authority to transfer foster care funds to child welfare services. Sec. 9133. Mother/infant foster care. Sec. 9134. Increased funding for social services block grants. Sec. 9135. Extension of social services block grant and child welfare services programs to American Samoa. Sec. 9136. National Commission on Children.8585Copy read “commission on children.”. Sec. 9137. Boarder babies demonstration project. Sec. 9138. Study of infants and children with AIDS in foster care. Sec. 9139. Technical corrections. Part 3— Child Support Enforcement Amendments Sec. 9141. Continuation of child support enforcement services to families no longer receiving AFDC. Sec. 9142. Child support enforcement services required for certain families receiving Medicaid. Sec. 9143. Repeal of unnecessary child support revolving fund. 101 STAT. 1330–285 Part 4— Unemployment Compensation Sec. 9151. Determination of amount of Federal share with respect to certain extended benefits payments. Sec. 9152. Demonstration program to provide self-employment allowances for eligible individuals. Sec. 9153. Extension of FUTA tax. Sec. 9154. Transfer of funds into the Federal Unemployment Account and the Extended Unemployment Compensation Account. Sec. 9155. Interest on advances to the Federal Unemployment Account and the Extended Unemployment Compensation Account. Sec. 9156. Crediting to the Federal Unemployment Account of interest earned on advances by the States. Subtitle C— Manufacturers Excise Tax on Certain Vaccines Sec. 9201. Manufacturers excise tax on certain vaccines. Sec. 9202. Vaccine Injury Compensation Trust Fund. Subtitle D— Pension Provisions Part I— Full-Funding Limitations Sec. 9301. Full-funding limitation for deductions to qualified plans. Part II— Pension Funding and Termination Requirements Sec. 9302. Short title; definitions. Subpart A— Additional Funding Requirements Sec. 9303. Additional funding requirements. Sec. 9304. Time for making contributions. Sec. 9305. Liability of members of controlled group for taxes on failure to meet minimum funding standards and to make minimum funding contributions. Sec. 9307. Other funding changes. Subpart B— Plant Terminations Sec. 9311. Limitations on employer reversions upon plan termination. Sec. 9312. Elimination of section 4049 trust: increase in liability to pension benefit guaranty corporation and in payments by corporation to participants and beneficiaries. Sec. 9313. Standards for termination. Sec. 9314. Additional amendments relating to plan termination. Subpart C— Increase in Premium Rates Sec. 9331. Increase in premium rates. Subpart D— Miscellaneous Provisions Sec. 9341. Security required upon adoption of plan amendment resulting in significant underfunding. Sec. 9342. Reporting requirements. Sec. 9343. Coordination of provisions of the Internal Revenue Code of 1986 with provisions of the Employee Retirement Income Security Act of 1974. Sec. 9344. Clarification regarding the imposition of an annual sanction for prohibited transactions which are continuing in nature. Sec. 9345. Additional limitations on investment by an individual account plan forming part of a floor-offset arrangement and on investment by an individual account plan in employer stock. Sec. 9346. Interest rate on accumulated contributions. Subtitle E— Miscellaneous Provisions Sec. 9401. Restoration of trust funds for 1987. Sec. 9402. 6-month extension of provisions relating to collection of non-tax debts owed to Federal agencies. Sec. 9403. Increase in limit on long-term bonds. Subtitle F— Customs User Fees; Trade and Customs Authorizations Sec. 9501. Customs user fees. Sec. 9502. United States International Trade Commission authorizations. Sec. 9503. United States Customs Service8686Copy read “service”. authorizations. Sec. 9504. Office of the United States Trade Representative authorizations. 101 STAT. 1330–286 Subtitle A— OASDI Provisions **PART 1—** **COVERAGE AND BENEFITS** SEC. 9001. COVERAGE OF INACTIVE DUTY MILITARY TRAINING.
(a)Social Security Act Amendments.—
(1)Paragraph
(1)of section 210(1) of the Social Security Act is amended to read as follows: [42 USC 410](/us/usc/t42/s410). " “(l)
(1)Except as provided in paragraph (4), the term ‘employment’ shall, notwithstanding the provisions of subsection
(a)of this section, include— “(A) service performed after December 1956 by an individual as a member of a uniformed service on active duty, but such term shall not include any such service which is performed while on leave without pay, and “(B) service performed after December 1987 by an individual as a member of a uniformed service on inactive duty training.”. "
(2)The second indented paragraph following subsection
(s)in section 209 of such Act (relating to service in the uniformed services) [42 USC 409](/us/usc/t42/s409). is amended by striking “only his basic pay” and all that follows and inserting “only
(1)his basic pay as described in chapter 3 and section 1009 of title 37, United States Code, in the case of an individual performing service to which subparagraph
(A)of such section 210(1)(1) applies, or
(2)his compensation for such service as determined under section 206(a) of title 37, United States Code, in the case of an individual performing service to which subparagraph
(B)of such section 210(1)(1) applies.”.
(b)FICA Amendments.—
(1)Paragraph
(1)of section 3121(m) of the Internal Revenue Code of 1986 (relating to inclusion of service in[26 USC 3121](/us/usc/t26/s3121). the uniformed services) is amended to read as follows: " “(1) Inclusion of service.— The term ‘employment’ shall, notwithstanding the provisions of subsection
(b)of this section, include— “(A) service performed by an individual as a member of a uniformed service on active duty, but such term shall not include any such service which is performed while on leave without pay, and “(B) service performed by an individual as a member of a uniformed service on inactive duty training.”. "
(2)Paragraph
(2)of section 3121(i) of such Code (relating to computation of wages for individuals performing service in the uniformed services) is amended by striking “only his basic pay” and all that follows and inserting “only
(A)his basic pay as described in chapter 3 and section 1009 of title 37, United States Code, in the case of an individual performing service to which subparagraph
(A)of such subsection (m)(l) applies, or
(B)his compensation for such service as determined under section 206(a) of title 37, United States Code, in the case of an individual performing service to which subparagraph
(B)of such subsection (m)(l) applies.”.
(c)Conforming Amendment.— Section 229(a) of the Social Security Act is amended by striking “section 210(1)” and inserting[42 USC 429](/us/usc/t42/s429). “210(1)(1)(A)”.
(d)Effective Date.— The amendments made by this section shall[26 USC 3121 note](/us/usc/t26/s3121). apply with respect to remuneration paid after December 31, 1987. 101 STAT. 1330–287 SEC. 9002. COVERAGE OF ALL CASH PAY OF AGRICULTURAL EMPLOYEES WHOSE EMPLOYERS SPEND $2,500 OR MORE A YEAR FOR AGRICULTURAL LABOR.
(a)Social Security Act Amendment.— Paragraph
(2)of section 209(h) of the Social Security Act is amended by striking clause
(B)[42 USC 409](/us/usc/t42/s409). and inserting “(B) the employer’s expenditures for agricultural labor in such year equal or exceed $2,500;”.
(b)FICA Amendment.— Subparagraph
(B)of section 3121(a)(8) of the Internal Revenue Code of 1986 (relating to wages) is amended by[26 USC 3121](/us/usc/t26/s3121). striking clause
(ii)and inserting “(ii) the employer’s expenditures for agricultural labor in such year equal or exceed $2,500;”.
(c)Effective Date.— The amendments made by this section shall[26 USC 3121 note](/us/usc/t26/s3121). apply with respect to remuneration for agricultural labor paid after December 31, 1987. SEC. 9003. COVERAGE OF THE EMPLOYER COST OF GROUP-TERM LIFE INSURANCE.
(a)Coverage Under Old-Age, Survivors, and Disability Insurance Program.—
(1)Social security act amendment.— Clause
(3)of section 209(b) of the Social Security Act is amended by striking “death”[42 USC 409](/us/usc/t42/s409). and inserting “death, except that this subsection does not apply to a payment for group-term life insurance to the extent that such payment is includible in t he gross income of t he employee under the Internal Revenue Code of 1986”.
(2)FICA amendment.— Subparagraph
(C)of section 3121(a)(2) of the Internal Revenue Code of 1986 (relating to wages) is[26 USC 3121](/us/usc/t26/s3121). amended by striking “death” and inserting “death, except that this paragraph does not apply to a payment for group-term life insurance to the extent that such payment is includible in t he gross income of the employee”.
(b)Effective Date.— The amendments made by subsection
(a)[26 USC 3121 note](/us/usc/t26/s3121). shall apply with respect to group-term life insurance coverage in effect after December 31, 1987. SEC. 9004. COVERAGE OF SERVICES PERFORMED BY ONE SPOUSE IN THE EMPLOY OF THE OTHER.
(a)Social Security Act Amendments.—
(1)In general.— Subparagraph
(A)of section 210(a)(3) of the Social Security Act is amended by striking “performed by an[42 USC 410](/us/usc/t42/s410). individual in the employ of his spouse, and service”.
(2)Exception for certain domestic service in the private home of a spouse.— Paragraph
(3)of section 210(a) of such Act is amended by striking so much of subparagraph
(B)as precedes clause
(i)and inserting the following: " “(B) Service not in the course of the employer’s trade or business, or domestic service in a private home of the employer, performed by an individual in the employ of his spouse or son or daughter; except that the provisions of this subparagraph shall not be applicable to such domestic service performed by an individual in the employ of his son or daughter if—”. "
(b)FICA Amendments.—
(1)In general.— Subparagraph
(A)of section 3121(b)(3) of the Internal Revenue Code of 1986 (relating to employment) is[26 USC 3121](/us/usc/t26/s3121). amended by striking “performed by an individual in the employ of his spouse, and service”. 101 STAT. 1330–288
(2)Exception for certain domestic service in the private home of a spouse.— Paragraph
(3)of section 3121(b) of such Code (relating to employment) is amended by striking so much of subparagraph
(B)as precedes clause
(i)and inserting the following: " “(B) service not in the course of the employer’s trade or business, or domestic service in a private home of the employer, performed by an individual in the employ of his spouse or son or daughter; except that the provisions of this subparagraph shall not be applicable to such domestic service performed by an individual in the employ of his son or daughter if—”. "
(c)Effective Date.— The amendments made by this section shall[26 USC 3121 note](/us/usc/t26/s3121). apply with respect to remuneration paid after December 31, 1987. SEC. 9005. TREATMENT OF SERVICE PERFORMED BY AN INDIVIDUAL IN THE EMPLOY OF A PARENT.
(a)Social Security Act Amendments.— [42 USC 410](/us/usc/t42/s410).
(1)Age below which service for parent is excluded from covered employment reduced to age 18.— Subparagraph
(A)of section 210(a)(3) of the Social Security Act (as amended by section 9004(a)(1) of this Act) is further amended by striking “twenty-one” and inserting “18”.
(2)Exception for certain domestic service in the private home of parent.— Subparagraph
(B)of section 210(a)(3) of such Act (as amended by section 9004(a)(2) of this Act) is further amended by inserting “under the age of 21 in the employ of his father or mother, or performed by an individual” after “individual” the first place it appears.
(b)FICA Amendments.—
(1)Age below which service for parent is excluded from covered employment reduced to age 18.— Subparagraph
(A)of section 3121(b)(3) of the Internal Revenue Code of 1986 (as amended by section 9004(b)(1) of this Act) is further amended by striking “21” and inserting “18”.
(2)Exception for certain domestic service in the private home of parent.— Subparagraph
(B)of section 3121(b)(3) of such Code (as amended by section 9004(b)(2) of this Act) is further amended by inserting “under the age of 21 in the employ of his father or mother, or performed by an individual” after “individual” the first place it appears.
(c)Effective Date.— The amendments made by this section shall[26 USC 3121 note](/us/usc/t26/s3121). apply with respect to remuneration paid after December 31, 1987. SEC. 9006. APPLICATION OF EMPLOYER TAXES TO EMPLOYEES’ CASH TIPS.
(a)Application of Tax to Tips.— Section 3121(q) of the Internal Revenue Code of 1986 (relating to inclusion of tips for employee[26 USC 3121](/us/usc/t26/s3121). taxes) is amended—
(1)by striking “Employee Taxes” in the heading and inserting “Both Employee and Employer Taxes”;
(2)by striking “other than for purposes of the taxes imposed by section 3111”;
(3)by striking “remuneration for employment” and inserting “remuneration for such employment (and deemed to have been paid by the employer for purposes of subsections
(a)and
(b)of section 3111)”; and 101 STAT. 1330–289
(4)by inserting after “at the time received” the following: “; except that, in determining the employer’s liability in connection with the taxes imposed by section 3111 with respect to such tips in any case where no statement including such tips was so furnished (or to the extent that the statement so furnished was inaccurate or incomplete), such remuneration shall be deemed for purposes of subtitle F to be paid on the date on which notice and demand for such taxes is made to the employer by the Secretary”.
(b)Conforming Amendments.—
(1)Subsections
(a)and
(b)of section 3111(a) of such Code (relating to rate of tax on employers) are[26 USC 3111](/us/usc/t26/s3111). each amended by striking “and (t)”.
(2)Section 3121(t) of such Code (relating to special rule) is repealed.
(c)Effective Date.— The amendments made by this section shall[26 USC 3111 note](/us/usc/t26/s3111). apply with respect to tips received (and wages paid) on and after January 1, 1988. SEC. 9007. APPLICABILITY OF GOVERNMENT PENSION OFFSET TO CERTAIN FEDERAL EMPLOYEES.
(a)Wife’s Insurance Benefits.— Paragraph
(4)of section 202(b) of the Social Security Act is amended—[42 USC 402](/us/usc/t42/s402).
(1)by redesignating subparagraph
(B)as subparagraph (C); and
(2)by striking subparagraph
(A)and inserting the following: " “(A) The amount of a wife’s insurance benefit for each month (as determined after application of the provisions of subsections
(q)and (k)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the wife (or divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day she was employed by such entity— “(i) such service did not constitute ‘employment’ as defined in section 210, or “(ii) such service was being performed while in the service of the Federal Government, and constituted ‘employment’ as so defined solely by reason of— “(I) clause
(ii)or
(iii)of subparagraph
(G)of section 210(a)(5), where the lump-sum pa3mient described in such clause
(ii)or the cessation of coverage described in such clause
(iii)(whichever is applicable) was received or occurred on or after January 1, 1988, or “(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph
(B)applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. “(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted ‘employment’ as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the wife (or divorced wife) is101 STAT. 1330–290 eligible for benefits under this subsection and has made a valid application for such benefits.”. "
(b)Husband’s Insurance Benefits.— Paragraph
(2)of section 202(c) of such Act is amended—[42 USC 402](/us/usc/t42/s402).
(1)by redesignating subparagraph
(B)as subparagraph (C); and
(2)by striking subparagraph
(A)and inserting the following: " “(A) The amount of a husband’s insurance benefit for each month (as determined after application of the provisions of subsections
(q)and (k)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the husband (or divorced husband) for such month which is based upon his earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day he was employed by such entity— “(i) such service did not constitute ‘employment’ as defined in section 210, or “(ii) such service was being performed while in the service of the Federal Government, and constituted ‘employment’ as so defined solely by reason of— “(I) clause
(ii)or
(iii)of subparagraph
(G)of section 210(a)(5), where the lump-sum payment described in such clause
(ii)or the cessation of coverage described in such clause
(iii)(whichever is applicable) was received or occurred on or after January 1, 1988, or “(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph
(B)applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. “(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted ‘employment’ as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the husband (or divorced husband) is eligible for benefits under this subsection and has made a valid application for such benefits.”. "
(c)Widow’s Insurance Benefits.— Paragraph
(7)of section 202(e) of such Act is amended—
(1)by redesignating subparagraph
(B)as subparagraph (C); and
(2)by striking subparagraph
(A)and inserting the following: " “(A) The amount of a widow’s insurance benefit for each month (as determined after application of the provisions of subsections
(q)and (k), paragraph (2)(D), and paragraph (3)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widow (or surviving divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day she was employed by such entity— “(i) such service did not constitute ‘employment” as defined in section 210, or 101 STAT. 1330–291 “(ii) such service was being performed while in the service of the Federal Government, and constituted ‘employment’ as so defined solely by reason of— “(I) clause
(ii)or
(iii)of subparagraph
(G)of section 210(a)(5), where the lump-sum payment described in such clause
(ii)or the cessation of coverage described in such clause
(iii)(whichever is applicable) was received or occurred on or after January 1, 1988, or “(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph
(B)applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. “(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted ‘employment’ as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the widow (or surviving divorced wife) is eligible for benefits under this subsection and has made a valid application for such benefits.”. "
(d)Widower’s Insurance Benefits.— Paragraph
(2)of section 202(f) of such Act is amended—[42 USC 402](/us/usc/t42/s402).
(1)by redesignating subparagraph
(B)as subparagraph (C); and
(2)by striking subparagraph
(A)and inserting the following: " “(A) The amount of a widower’s insurance benefit for each month (as determined after application of the provisions of subsections
(q)and (k), paragraph (3)(D), and paragraph (4)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widower (or surviving divorced husband) for such month which is based upon his earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day he was employed by such entity— “(i) such service did not constitute ‘employment’ as defined in section 210, or “(ii) such service was being performed while in the service of the Federal Government, and constituted ‘employment’ as so defined solely by reason of— “(I) clause
(ii)or
(iii)of subparagraph
(G)of section 210(a)(5), where the lump-sum payment described in such clause
(ii)or the cessation of coverage described in such clause
(iii)(whichever is applicable) was received or occurred on or after January 1, 1988, or “(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph
(B)applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. “(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted ‘employment’ as defined in section 210 if such service was101 STAT. 1330–292 performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the widower (or surviving divorced husband) is eligible for benefits under this subsection and has made a valid application for such benefits.”. "
(e)Mother’s and Father’s Insurance Benefits.— Paragraph
(4)of section 202(g) of such Act is amended—[42 USC 202](/us/usc/t42/s202).
(1)by redesignating subparagraph
(B)as subparagraph (C); and
(2)by striking subparagraph
(A)and inserting the following: " “(A) The amount of a mother’s or father’s insurance benefit for each month (as determined after application of the provisions of subsection (k)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the individual for such month which is based upon the individual’s earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day the individual was employed by such entity— “(i) such service did not constitute ‘employment’ as defined in section 210, or “(ii) such service was being performed while in the service of the Federal Government, and constituted ‘employment’ as so defined solely by reason of— “(I) clause
(ii)or
(iii)of subparagraph
(G)of section 210(a)(5), where the lump-sum payment described in such clause
(ii)or the cessation of coverage described in such clause
(iii)(whichever is applicable) was received or occurred on or after January 1, 1988, or “(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph
(B)applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. “(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted ‘employment’ as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the individual is eligible for benefits under this subsection and has made a valid application for such benefits.”. "
(f)Effective Date.— The amendments made by this section shall[42 USC 402 note](/us/usc/t42/s402). apply only with respect to benefits for months after December 1987; except that nothing in such amendments shall affect any exemption (from the application of the pension offset provisions contained in subsection (b)(4), (c)(2), (e)(7), (f)(2), or (g)(4) of section 202 of the Social Security Act) which any individual may have by reason of subsection
(g)or
(h)of section 334 of the Social Security Amendments of 1977. SEC. 9008. MODIFICATION OF AGREEMENT WITH IOWA TO PROVIDE COVERAGE FOR CERTAIN POLICEMEN AND FIREMEN. [42 USC 418 note](/us/usc/t42/s418).
(a)In General.— Notwithstanding subsection (d)(5)(A) of section 218 of the Social Security Act and the references thereto in subsec-101 STAT. 1330–293tions (d)(1) and (d)(3) of such section 218, the agreement with the State of Iowa heretofore entered into pursuant to such section 218 may, at any time prior to January 1, 1989, be modified pursuant to subsection (c)(4) of such section 218 so as to apply to services performed in policemen’s or firemen’s positions required to be covered by a retirement system pursuant to section 410.1 of the Iowa Code as in effect on July 1, 1953, if the State of Iowa has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions, the sums prescribed pursuant to subsection (e)(1) of such section 218 (as in effect on December 31, 1986, with respect to payments due with respect to wages paid on or before such date).
(b)Service to Be Covered.— Notwithstanding the provisions of subsection
(e)of section 218 of the Social Security Act (as so redesignated by section 9002(c)(1) of the Omnibus Budget Reconciliation Act of 1986)), any modification in the agreement with the State of Iowa under subsection
(a)shall be made effective with respect to—
(1)all services performed in any policemen’s or firemen’s , position to which the modification relates on or after January 1, 1987, and
(2)all services performed in such a position before January 1, 1987, with respect to which the State of Iowa has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 (as in effect on December 31, 1986, with respect to payments due with respect to wages paid on or before such date) at the time or times established pursuant to such subsection (e)(1), if and to the extent that—
(A)no refund of the sums so paid has been obtained, or
(B)a refund of part or all of the sums so paid has been obtained but the State of Iowa repays to the Secretary of the Treasury the amount of such refund within 90 days after the date on which the modification is agreed to by the State and the Secretary of Health and Human Services. SEC. 9009. CONTINUATION OF DISABILITY BENEFITS DURING APPEAL. Subsection
(g)of section 223 of the Social Security Act is[42 USC 423](/us/usc/t42/s423). amended—
(1)in paragraph (l)(iii), by striking “June 1988” and inserting “June 1989”; and
(2)in paragraph (3)(B), by striking “January 1, 1988” and inserting “January 1, 1989”. SEC. 9010. EXTENSION OF DISABILITY RE-ENTITLEMENT PERIOD FROM 15 MONTHS TO 36 MONTHS.
(a)Disability Insurance Benefits.— Paragraph
(1)of section 223(a) of the Social Security Act is amended by striking “15 months” and inserting “36 months”.
(b)Child’s Insurance Benefits Based On Disability.— Clause
(i)of section 202(d)(1)(G) of such Act is amended by striking “15[42 USC 402](/us/usc/t42/s402). months” and inserting “36 months”.
(c)Widow’s Insurance Benefits Based On Disability.— Paragraph
(1)of section 202(e) of such Act is amended, in subclause
(II)of the last sentence, by striking “15 months” and inserting “36 months”.
(d)Widower’s Insurance Benefits Based On Disability.— Paragraph
(1)of section 202(f) of such Act is amended, in subclause
(II)of101 STAT. 1330–294 the last sentence, by striking “15 months” and inserting “36 months”.
(e)Conforming Amendments.—
(1)Termination of Period of Disability.— Subparagraph
(D)of section 216(i)(2) of such Act is amended by striking “15-[42 USC 416](/us/usc/t42/s416).month” and inserting “36-month”.
(2)Termination of benefits during re-entitlement period.— [42 USC 423](/us/usc/t42/s423). Subsection
(e)of section 223 of such Act is amended by striking “15-month” and inserting “36-month”.
(3)Special rule for 8787Copy read “For”.determination of continued medicare eligibility based on entitlement to disability benefits.— [42 USC 426](/us/usc/t42/s426). Section 226(b) of such Act is amended by adding at the end the following new sentence: “In determining when an individual’s entitlement or status terminates for purposes of the preceding sentence, the second sentence of section 223(a) shall be applied as though the term ‘36 months’ (in such second sentence) read ‘15 months’.”.
(f)Effective Date.— The amendments made by this section shall[42 USC 402 note](/us/usc/t42/s402). take effect January 1, 1988, and shall apply with respect to—
(1)individuals who are entitled to benefits which are payable under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 of the Social Security Act or subsection (a)(1) of section 223 of such Act for any month after December 1987, and
(2)individuals who are entitled to benefits which are payable under any provision referred to in paragraph
(1)for any month before January 1988 and with respect to whom the 15-month period described in the applicable provision amended by this section has not elapsed as of January 1, 1988. **PART 2—** **OTHER SOCIAL SECURITY PROVISIONS** SEC. 9021. MORATORIUM ON REDUCTIONS IN ATTORNEYS’ FEES; STUDIES OF ATTORNEYS’ FEE PAYMENT SYSTEM.
(a)Moratorium.—
(1)The provisions of the memorandum of the Associate Commissioner of Social Security dated March 31, 1987 (relating to revised delegations of authority for administrative law judges to determine fees of representatives) which amend sections 1–220 through 1–226 of the Office of Hearings and Appeals Staff Guides and Programs Digest (commonly referred to as the OHA Handbook), and Interim Circular No. 122 (relating to the determination authority regarding fees for representation of claimants), are hereby declared to be null and void. The preceding sentence shall apply with respect to all attorneys’ fees finally authorized in connection with claims for benefits under title II of the Social Security Act on and after the date of the enactment of this Act, regardless of when the legal services involved were performed; and no reconsideration of any such fee finally authorized prior to that date shall be required.
(2)Until July 1, 1989, neither the Secretary nor the Social Security Administration may modify any of the rules and regulations relating to attorneys’ fees in connection with claims for benefits under title II of the Social Security Act. 101 STAT. 1330–295
(b)Studies.—
(1)The Secretary of Health and Human Services shall conduct a study of the attorneys’ fee payment process under title II of the Social Security Act. Such study shall—
(A)assess the levels of reimbursement to attorneys, giving consideration to the contingent nature of most arrangements between claimants and their legal representatives, and propose alternative methods for establishing fees which take the nature of these arrangements into account, and
(B)suggest changes aimed at eliminating unnecessary delays in the approval and payment of attorneys’ fees and thereby streamlining the payment process. In conducting this study, the Secretary shall consult with individuals who represent the views of attorneys and with others who represent the views of claimants.
(2)At the same time, the Comptroller General shall conduct a study of the fee approval system, including at a minimum—
(A)a study of the impact of the current system on claimants and attorneys,
(B)an identification of obstacles to the timely payment of attorneys’ fees under present law, and
(C)an assessment of the effect, if any, which the reduced limit on attorneys’ fees in effect immediately prior to the enactment of this Act has had on access to legal representation by applicants for disability insurance benefits.
(3)The studies required by paragraphs
(1)and (2), along with any recommendations resulting therefrom, shall be submitted to the Congress no later than July 1, 1988. SEC. 9022. CORPORATE DIRECTORS.
(a)Social Security Act Amendment.— Section 211(a) of the Social Security Act is amended by adding at the end thereof the[42 USC 411](/us/usc/t42/s411). following new paragraph: " “Any income of an individual which results from or is attributable to the performance of services by such individual as a director of a corporation during any taxable year shall be deemed to have been derived (and received) by such individual in that year, at the time the services were performed, regardless of when the income is actually paid to or received by such individual (unless it was actually paid and received prior to that year).”. "
(b)SECA Amendment.— Section 1402(a) of the Internal Revenue Code of 1986 (relating to definition of net earnings from self-employment) [26 USC 1402](/us/usc/t26/s1402). is amended by adding at the end thereof the following new paragraph: " “Any income of an individual which results from or is attributable to the performance of services by such individual as a director of a corporation during any taxable year shall be deemed to have been derived (and received) by such individual in that year, at the time the services were performed, regardless of when the income is actually paid to or received by such individual (unless it was actually paid and received prior to that year).”. "
(c)Effective Date.— The amendments made by this section shall apply with respect to services performed in taxable years beginning on or after January 1, 1988. SEC. 9023. TECHNICAL CORRECTIONS.
(a)The heading of section 210(p) of the Social Security Act is 42 USC 410. amended to read as follows: 101 STAT. 1330–296 " “Medicare Qualified Government Employment”. "
(1)Section 211(a)(7) of such Act is amended—[42 USC 411](/us/usc/t42/s411).
(A)by inserting “and” before “section 911”; and
(B)by striking “and section 931 (relating to income from sources within possessions of the United States) of the Internal Revenue Code of 1954”.
(2)Section 211(a)(8) of such Act is amended to read as follows: " “(8) The exclusion from gross income provided by section 931 of the Internal Revenue Code of 1986 shall not apply;—. "
(c)Section 218(v) of such Act is amended—[42 USC 418](/us/usc/t42/s418).
(1)by striking “(v)” and inserting “(n)”;
(2)by striking paragraph (3); and
(3)by redesignating paragraphs
(4)and
(5)as paragraphs
(3)and
(4)respectively.
(d)Section 3121(a)(5) of the Internal Revenue Code of 1986 is[26 USC 3121](/us/usc/t26/s3121). amended—
(1)by striking “; or” at the end of subparagraph
(F)and inserting “, or”; and
(2)by striking the comma at the end of subparagraph
(G)and inserting a semicolon. **PART 3—** **RAILROAD RETIREMENT PROGRAM** SEC. 9031. INCREASE IN RATES OF TIER 2 RAILROAD RETIREMENT TAX ON EMPLOYEES FOR 1988 AND THEREAFTER.
(a)In General.— Subsection
(b)of section 3201 of the Internal Revenue Code of 1986 (relating to tier 2 employee tax) is amended to read as follows: " “(b) Tier 2 Tax.— In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to 4.90 percent of the compensation received during any calendar year by such employee for services rendered by such employee.”. "
(b)Effective Date.— The amendment made by this section shall [26 USC 3201 note](/us/usc/t26/s3201). apply with respect to compensation received after December 31, 1987. SEC. 9032. INCREASE IN RATES OF TIER 2 RAILROAD RETIREMENT TAX ON EMPLOYERS FOR 1988 AND THEREAFTER.
(a)In General.— Subsection
(b)of section 3221 of the Internal Revenue Code of 1986 (relating to tier 2 employer tax) is amended to read as follows: " “(b) Tier 2 Tax.— In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 16.10 percent of the compensation paid during any calendar year by such employer for services rendered to such employer.”. "
(b)Effective Date.— The amendments made by this section shall26 USC 3221 note. apply with respect to compensation paid after December 31, 1987. SEC. 9033. COMMISSION ON RAILROAD RETIREMENT REFORM. [45 USC 231n note](/us/usc/t45/s231n).
(a)Commission on Railroad Retirement Reform.— There is established a commission to be known as the Commission on Railroad Retirement Reform (in this section referred to as the “Commission”).
(b)Study.— The Commission shall conduct a comprehensive study of the issues pertaining to the long-term financing of the railroad101 STAT. 1330–297 retirement system (in this section referred to as the “system”) and the system’s short-term and long-term solvency. The Commission Reports. shall submit a report containing a detailed statement of its findings and conclusions together with recommendations to the Congress for revisions in, or alternatives to, the current system to assure the provision of retirement benefits to former, present, and future railroad employees on an actuarially sound basis. The study will take into account—
(1)the possibility of restructuring the financing of railroad retirement benefits through increases in the tier 2 tax rate, increases in the tier 2 tax wage base, the imposition of a tax on operating revenues, revisions in the investment policy of the railroad retirement pension fund, and establishing a privately funded and administered railroad industry pension plan;
(2)the economic outlook for the railroad industry, and the nature of the relationships between the railroad retirement system, levels of railroad employment and compensation, and the performance of the rail sector;
(3)the ability of the system under current law to pay benefits to current and future retirees and other beneficiaries;
(4)the financial relationship of the system to the railroad unemployment insurance system, the social security system, and the General Fund; and
(5)any other matters which the Commission considers would be necessary, appropriate, or useful to the Congress in developing legislation to reform the system.
(c)Membership of the Commission.—
(1)Number and appointment.— The Commission shall be composed of seven members, as follows:
(A)four individuals appointed by the President—President of U.S.
(i)one of whom shall be appointed on the basis of recommendations made by representatives of employers (as defined in section 1(a) of the Railroad Retirement Act of 1974) so as to provide representation on the Commission satisfactory to the largest number of employers concerned,
(ii)one of whom shall be appointed on the basis of recommendations made by representatives of employees (as defined in section 1(b) of the Railroad Retirement Act of 1974) so as to provide representation on the Commission satisfactory to the largest number of employees concerned,
(iii)one of whom shall be appointed on the basis of recommendations made by representatives of commuter railroads, and
(iv)one of whom shall be appointed from members of the public;
(B)one individual appointed by the Speaker of the House of Representatives from among members of the public;
(C)one individual appointed by the President pro tempore of the Senate from among members of the public; and
(D)one individual appointed by the Comptroller General from among members of the public with expertise in the fields of retirement systems and pension plans. All public members of the Commission shall be appointed from among individuals who are not in the employment of and are not pecuniarily or otherwise interested in any employer (as so101 STAT. 1330–298 defined) or organization of employees (as so defined). In making President of U.S. appointments under this section, the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall ensure that the members of the Commission, collectively, possess special knowledge of retirement income policy, social insurance, private pensions, taxation, and the structure of the transportation industry. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(2)Pay.— Members of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Commission.
(3)Quorum.— Five members of the Commission shall constitute a quorum but a lesser number may hold hearings.
(4)Chairman.— The members of the Commission shall elect a Chairman 87a87aCopy read “chairman”. from among the membership.
(d)Staff of Commission; Experts and Consultants.—
(1)Staff.— Subject to such rules as may be prescribed by the Commission, the Chairman may appoint and fix the pay of such personnel as the Chairman considers appropriate.
(2)Applicability of certain civil service laws.— The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule.
(3)Experts and consultants.— Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule.
(4)Staff of federal agencies.— Upon request of the Commission, the Railroad Retirement Board and any other Federal agency may detail, on a reimbursable basis, any of the personnel thereof to the Commission to assist the Commission in carrying out its duties under this section.
(e)Access to Official Data and Services.—
(1)Official data.— The Commission may, as appropriate, secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman of the Commission, the head of such department or agency shall, as appropriate, furnish such information to the Commission.
(2)Mails.— The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
(3)Administrative support services.— The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
(f)Report.— The Commission shall transmit a report to the President and to each House of the Congress not later than October 1,101 STAT. 1330–299 1989. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its legislative recommendations.
(g)Termination.— The Commission shall cease to exist 60 days after submitting its report pursuant to subsection (f).
(h)Authorization of appropriations.— There is authorized to be appropriated the sum of $1,000,000 for purposes of this section, to remain available until expended but in no event beyond the date of termination provided in subsection (g). SEC. 9034. TRANSFER TO RAILROAD RETIREMENT ACCOUNT. Subsection (c)(1)(A) of section 224 of the Railroad Retirement Solvency Act of 1983 (relating to section 72(r) revenue increase[45 USC 231n note](/us/usc/t45/s231n). transferred to certain railroad accounts) is amended—
(1)by inserting “(other than amounts described in subparagraph (B))” after “amounts”;
(2)by striking “1988” and inserting “1989”; and
(3)by striking the last sentence. Subtitle B— Provisions Relating to Public Assistance and Unemployment Compensation **PART 1—** **AFDC AND SSI AMENDMENTS** SEC. 9101. PERMANENT EXTENSION OF DISREGARD OF NONPROFIT ORGANIZATIONS’ IN-KIND ASSISTANCE TO SSI AND AFDC RECIPIENTS. Effective as of October 1, 1987, section 2639(d) of the Deficit Effective date.[42 USC 602 note](/us/usc/t42/s602). Reduction Act of 1984 is amended by striking “; but” and all that follows and inserting a period. SEC. 9102. FRAUD CONTROL UNDER AFDC PROGRAM.
(a)In General.— Part A of title IV of the Social Security Act is amended by adding at the end the following new section: " “fraud control “Sec. 416.
(a)Any State, in the administration of its State plan[42 USC 616](/us/usc/t42/s616). approved under section 402, may elect to establish and operate a fraud control program in accordance with this section. “(b) Under any such program, if an individual who is a member of a family applying for or receiving aid under the State plan approved under section 402 is found by a Federal or State court or pursuant to an administrative hearing meeting requirements determined in regulations of the Secretary, on the basis of a plea of guilty or nolo contendere or otherwise, to have intentionally— “(1) made a false or misleading statement or misrepresented, concealed, or withheld facts, or “(2) committed any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity, for the purpose of establishing or maintaining the family’s eligibility for aid under such State plan or of increasing (or preventing a reduction in) the amount of such aid, then the needs of such individual shall not be taken into account in making the determination under section 402(3)(7) with respect to his or her family
(A)for a period of 6 months upon the first occasion of any such offense,
(B)for101 STAT. 1330–300 a period of 12 months upon the second occasion of any such offense, and
(C)permanently upon the third or a subsequent occasion of any such offense. “(c) The State agency involved shall proceed against any individual alleged to have committed an offense described in subsection
(b)either by way of administrative hearing or by referring the matter to the appropriate authorities for civil or criminal action in a court of law. The State agency shall coordinate its actions under this section with any corresponding actions being taken under the food stamp program in any case where the factual issues involved arise from the same or related circumstances. “(d) Any period for which sanctions are imposed under subsection
(b)shall remain in effect, without possibility of administrative stay, unless and until the finding upon which the sanctions were imposed is subsequently reversed by a court of appropriate jurisdiction; but in no event shall the duration of the period for which such sanctions are imposed be subject to review. “(e) The sanctions provided under subsection
(b)shall be in addition to, and not in substitution for, any other sanctions which may be provided for by law with respect to the offenses involved. “(f) Each State which has elected to establish and operate a fraud control program under this section must provide all applicants for aid to families with dependent children under its approved State plan, at the time of their application for such aid, with a written notice of the penalties for fraud which are provided for under this section.” "
(b)State Plan Requirement.— Section 402(a) of such Act is[42 USC 602](/us/usc/t42/s602). amended—
(1)by striking “and” after the semicolon at the end of paragraph (38);
(2)by striking the period at the end of paragraph
(39)and inserting “; and”; and
(3)by inserting immediately after paragraph
(39)the following new paragraph: " “(40) provide, if the State has elected to establish and operate a fraud control program under section 416, that the State will submit to the Secretary (with such revisions as may from time to time be necessary) a description of and budget for such program, and will operate such program in full compliance with that section.”. "
(c)Federal Matching.— Section 403(a)(3) of such Act is[42 USC 603](/us/usc/t42/s603). amended—
(1)by striking “and” after the final comma in subparagraph (B);
(2)by redesignating subparagraph
(C)as subparagraph (D);
(3)by inserting after subparagraph
(B)the following new subparagraph: " “(C) 75 percent of so much of such expenditures as are for the costs of carrying out a fraud control program under section 416, including costs related to the investigation, prosecution, and administrative hearing of fraudulent cases and the making of any resultant collections, and”; and "
(4)by striking “(C)” in the matter following subparagraph
(D)(as redesignated by paragraph
(2)of this subsection) and inserting “(D)”. 101 STAT. 1330–301 8888Copy read “Effective Date.—”.
(d)Effective Date.— The amendments made by this section[42 USC 602 note](/us/usc/t42/s602). shall become effective April 1, 1988. SEC. 9103. EXCLUSION OF REAL PROPERTY WHEN IT CANNOT BE SOLD.
(a)In General.— Section 1613(b) of the Social Security Act is [42 USC 1382b](/us/usc/t42/s1382b). amended—
(1)by inserting “(1)” after “(b)”; and
(2)by adding at the end the following new paragraph: " “(2) Notwithstanding the provisions of paragraph (1), the Secretary shall not require the disposition of any real property for so long as it cannot be sold because
(A)it is jointly owned (and its sale would cause undue hardship, due to loss of housing, for the other owner or owners),
(B)its sale is barred by a legal impediment, or
(C)as determined under regulations issued by the Secretary, the owner’s reasonable efforts to sell it have been unsuccessful.”. "
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 1382b note](/us/usc/t42/s1382b). shall become effective April 1, 1988. SEC. 9104. ADJUSTMENT OF PENALTY WHERE ASSET IS TRANSFERRED FOR LESS THAN FAIR MARKET VALUE. 8989Copy read “In General.—”.
(a)In General.— Section 1613(c) of the Social Security Act is amended—
(1)by inserting immediately after “the exclusions under subsection (a)” in paragraph
(1)the following: “, and subject to paragraph
(4)of this subsection”; and
(2)by adding at the end the following new paragraph: " “(4) The Secretary shall by regulation provide for suspending the Regulations. application of paragraph
(1)to the extent (in any instance) that the Secretary determines that such suspension is necessary to avoid undue hardship.”. "
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 1382b note](/us/usc/t42/s1382b). shall become effective April 1, 1988. SEC. 9105. EXCLUSION OF INTEREST ON BURIAL ACCOUNTS.
(a)In General.— Section 1613(d) of the Social Security Act is amended—
(1)in paragraph (1), by striking “if the inclusion” and all that follows and inserting a period; and
(2)in paragraph (3), by striking “aside” and inserting “aside in cases where the inclusion of any portion of the amount would cause the resources of such individual, or of such individual and spouse, to exceed the limits specified in paragraph
(1)or
(2)(whichever may be applicable) of section 1611(a)”.
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 1382b note](/us/usc/t42/s1382b). shall become effective April 1, 1988. SEC. 9106. EXCEPTION FROM SSI RETROSPECTIVE ACCOUNTING FOR AFDC AND CERTAIN OTHER ASSISTANCE PAYMENTS.
(a)In General.— Section 1611(c) of the Social Security Act is[42 USC 1382](/us/usc/t42/s1382). amended—
(1)by striking “paragraphs (2), (3), and (4)” in paragraph
(1)and inserting “paragraphs (2), (3), (4), and (5)”;
(2)by redesignating paragraphs
(5)and
(6)as paragraphs
(6)and (7), respectively; and 101 STAT. 1330–302
(3)by inserting after paragraph
(4)the following new paragraph: " “(5) Notwithstanding paragraphs
(1)and (2), any income which is paid to or on behalf of an individual in any month pursuant to
(A)a State plan approved under part A of title IV of this Act (relating to aid to families with dependent children),
(B)section 472 of this Act (relating to foster care assistance),
(C)section 412(e) of the Immigration and Nationality Act (relating to assistance for refugees),
(D)section 501(a) of Public Law 96–422 (relating to assistance for Cuban and Haitian entrants), or
(E)the Act of November 2, 1921 (42 Stat. 208), as amended (relating to assistance furnished by the Bureau of Indian Affairs), shall be taken into account in determining the amount of the benefit under this title of such individual (and his eligible spouse, if any) only for that month, and shall not be taken into account in determining the amount of the benefit for any other month.”. "
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 1382 note](/us/usc/t42/s1382). shall become effective April 1, 1988 SEC. 9107. TECHNICAL AMENDMENT RELATING TO 1986 AMENDMENT CONCERNING THE TREATMENT OF CERTAIN COUPLES IN MEDICAL INSTITUTIONS. Effective November 10, 1986, section 1611(e)(5) of the Social Security Effective date.[42 USC 1382](/us/usc/t42/s1382). Act is amended—
(1)by striking “sharing a room or comparable accommodation in a hospital, home, or facility” and inserting “living in the same hospital, home, or facility”; and
(2)by striking “shared such a room or accommodation” and inserting “lived in the same such hospital, home, or facility”. SEC. 9108. EXTENSION OF DEADLINE FOR DISABLED WIDOWS TO APPLY FOR MEDICAID PROTECTION UNDER 1984 AMENDMENTS. Effective July 1, 1987, section 1634(b)(3) of the Social Security Act Effective date.[42 USC 1383c](/us/usc/t42/s1383c). is amended by striking “during the 15-month period beginning with the month in which this subsection is enacted” and inserting “no later than July 1, 1988”. SEC. 9109. INCREASE IN SSI EMERGENCY ADVANCE PAYMENTS.
(a)In General.— Section 1631(a)(4)(A) of the Social Security Act is [42 USC 1383](/us/usc/t42/s1383). amended by striking “a cash advance against such benefits in an amount not exceeding $100” and inserting “a cash advance against such benefits, including any federally-administered State supplementary payments, in an amount not exceeding the monthly amount that would be payable to an eligible individual with no other income for the first month of such presumptive eligibility”.
(b)Effective Date.— The amendment made by subsection
(a)[42 USC 1383 note](/us/usc/t42/s1383). shall become effective on the date of the enactment of this Act. SEC. 9110. MODIFICATION OF INTERIM ASSISTANCE REIMBURSEMENT PROGRAM.
(a)In General.— The first sentence of section 1631(g)(2) of the Social Security Act is amended by striking “at the time the Secretary makes the first payment of benefits” and inserting “at the time the Secretary makes the first payment of benefits with respect to the period described in clause
(A)or
(B)of paragraph (3)”.
(b)Definition of Interim Assistance.— Section 1631(g)(3) of such Act is amended— 101 STAT. 1330–303
(1)by inserting “(A)” after “basic needs”; and
(2)by inserting before the period at the end the following: " “, or
(B)during the period beginning with the first month for which the individual's benefits (as defined in paragraph (2)) have been terminated or suspended if the individual was subsequently found to have been eligible for such benefits”, "
(c)Effective Date.— The amendments made by this section shall42 USC 1383 note. become effective with the 13th month following the month in which this Act is enacted, or, if sooner, with the first month for which the Secretary of Health and Human Services determines that it is administratively feasible. SEC. 9111. SPECIAL NOTICE TO BLIND RECIPIENTS.
(a)In General.—
(1)Section 1631 of the Social Security Act is[42 USC 1383](/us/usc/t42/s1383). amended by adding at the end the following new subsection: “Special Notice to Blind Individuals with Respect to Hearings and Other Official Actions " “(l)
(1)In any case where an individual who is applying for or receiving benefits under this title on the basis of blindness is entitled (under subsection
(c)or otherwise) to receive notice from the Secretary of any decision or determination made or other action taken or proposed to be taken with respect to his or her rights under this title, such individual shall at his or her election be entitled either
(A)to receive a supplementary notice of such decision, determination, or action, by telephone, within 5 working days after the initial notice is mailed,
(B)to receive the initial notice in the form of a certified letter, or
(C)to receive notification by some alternative procedure established by the Secretary and agreed to by the individual. “(2) The election under paragraph
(1)may be made at any time; but an opportunity to make such an election shall in any event be given
(A)to every individual who is an applicant for benefits under this title on the basis of blindness, at the time of his or her application, and
(B)to every individual who is a recipient of such benefits on the basis of blindness, at the time of each redetermination of his or her eligibility. Such an election, once made by an individual, shall apply with respect to all notices of decisions, determinations, and actions which such individual may thereafter be entitled to receive under this title until such time as it is revoked or changed.”. "
(2)Not later than one year after the date on which the amendment[42 USC 1383 note](/us/usc/t42/s1383). made by paragraph
(1)becomes effective, the Secretary of Health and Human Services shall provide every individual receiving benefits under title XVI of the Social Security Act on the basis of blindness an opportunity to make an election under section 1631(1)(1) of such Act (as added by such amendment).
(b)Study.— The Secretary of Health and Human Services shall Reports.[42 USC 1388 note](/us/usc/t42/s1388). study the desirability and feasibility of extending special or supplementary notices of the type provided to blind individuals by section 1631(1) of the Social Security Act (as added by subsection
(a)of this section) to other individuals who may lack the ability to read and comprehend regular written notices, and shall report the results of such study to the Congress, along with such recommendations as may be appropriate, within 12 months after the date of the enactment of this Act. 101 STAT. 1330–304
(c)Effective Date.— The amendment made by subsection
(a)shall [42 USC 1383 note](/us/usc/t42/s1383). become effective July 1, 1988. SEC. 9112. REHABILITATION SERVICES FOR BLIND SSI RECIPIENTS.
(a)In General.— Section 1631(a)(6) of the Social Security Act is[42 USC 1383](/us/usc/t42/s1383). amended—
(1)by inserting “blindness (as determined under section 1614(a)(2)) or” before “disability (as determined under section 1614(a)(3))”;
(2)by inserting “blindness or other” before “physical or mental impairment”; and
(3)by inserting “blindness and” before “disability benefit rolls” in subparagraph (B).
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 1383 note](/us/usc/t42/s1383). shall become effective April 1, 1988. SEC. 9113. EXTENDING THE NUMBER OF MONTHS THAT AN INDIVIDUAL IN A PUBLIC EMERGENCY SHELTER CAN BE ELIGIBLE FOR SSI.
(a)In General.— Section 1611(e)(1)(D) of the Social Security Act is[42 USC 1382](/us/usc/t42/s1382). amended by striking “three months in any 12-month period” and inserting “6 months in any 9-month period”.
(b)Effective Date.—
(1)The amendment made by subsection
(a)[42 USC 1382 note](/us/usc/t42/s1382). shall become effective January 1, 1988.
(2)In the application of section 1611(e)(1)(D) of the Social Security Act on and after the effective date of such amendment, months before January 1988 in which a person was an eligible individual or eligible spouse by reason of such section shall not be taken into account. SEC. 9114. EXCLUSION OF UNDERPAYMENTS FROM RESOURCES.
(a)In General.— Section 1613(a)(7) of the Social Security Act is[42 USC 1382b](/us/usc/t42/s1382b). amended by inserting after "shall be limited to the first 6 months following the month in which such amount is received" the following: “(or to the first 9 months following such month with respect to any amount so received during the period beginning October 1, 1987, and ending September 30, 1989)”.
(b)Effective Date.— The amendment made by subsection
(a)[42 USC 1382b note](/us/usc/t42/s1382b). shall become effective January 1, 1988. SEC. 9115. CONTINUATION OF FULL BENEFIT STANDARD FOR INDIVIDUALS TEMPORARILY INSTITUTIONALIZED.
(a)In General.— Section 1611(e)(1) of the Social Security Act is amended—
(1)in subparagraph (A), by striking “and (E)” and inserting “(E), and (G)”;
(2)in subparagraph (B), by inserting “(subject to subparagraph (G))” after “throughout any month”; and
(3)by adding at the end the following new subparagraphs: " “(G) A person may be an eligible individual or eligible spouse for purposes of this title, and subparagraphs
(A)and
(B)shall not apply, with respect to any particular month throughout which he or she is an inmate of a public institution the primary purpose of which is the provision of medical or psychiatric care, or which is a hospital, extended care facility, nursing home, or intermediate care facility receiving payments (with respect to such individual or spouse) under101 STAT. 1330–305 a State plan approved under title XIX, if it is determined in accordance with subparagraph
(H)that— “(i) such person’s stay in that institution or facility (or in that institution or facility and one or more other such institutions or facilities during a continuous period of institutionalization) is likely (as certified by a physician) not to exceed 3 months, and the particular month involved is one of the first 3 months throughout which such person is in such an institution or facility during a continuous period of institutionalization; and “(ii) such person needs to continue to maintain and provide for the expenses of the home or living arrangement to which he or she may return upon leaving the institution or facility. The benefit of any person under this title (including State supplementation if any) for each month to which this subparagraph applies shall be payable, without interruption of benefit payments and on the date the benefit involved is regularly due, at the rate that was applicable to such person in the month prior to the first month throughout which he or she is in the institution or facility. “(H) The Secretary shall establish procedures for the determinationsContracts. required by clauses
(i)and
(ii)of subparagraph (G), and may enter into agreements for making such determinations (or for providing information or assistance in connection with the making of such determinations) with appropriate State and local public and private agencies and organizations. Such procedures and agreements shall include the provision of appropriate assistance to individuals who, because of their physical or mental condition, are limited in their ability to furnish the information needed in connection with the making of such determinations.”. "
(b)Conforming Amendment.— Section 1902(1) of such Act is[42 USC 1396a](/us/usc/t42/s1396a). amended by striking “section 1611(e)(1)(E)” and inserting “subparagraph
(E)or
(G)of section 1611(e)(1)”.
(c)Effective Date.— The amendments made by this section shall[42 USC 1382 note](/us/usc/t42/s1382). become effective July 1, 1988. SEC. 9116. RETENTION OF MEDICAID WHEN SSI BENEFITS ARE LOST UPON ENTITLEMENT TO EARLY WIDOW’S OR WIDOWERS INSURANCE BENEFITS.
(a)In General.— Section 1634 of the Social Security Act is[42 USC 1383c](/us/usc/t42/s1383c). amended by adding at the end the following new subsection: " “(d) If any person— “(1) applies for and obtains benefits under subsection
(e)or
(f)of section 202 (or under any other subsection of section 202 if such person is also eligible for benefits under such subsection
(e)or (f)) as required by section 1611(e)(2), being then at least 60 years of age but not entitled to hospital insurance benefits under part A of title XVIII, and “(2) is determined to be ineligible (by reason of the receipt of such benefits under section 202) for supplemental security income benefits under this title or for State supplementary payments of the type described in section 1616(a), such person shall nevertheless be deemed to be a recipient of supplemental security income benefits under this title for purposes of title XIX, so long as he or she
(A)would be eligible for such supplemental security income benefits, or such State supplementary payments, in the absence of such benefits under section 202, and
(B)is not entitled to hospital insurance benefits under part A of title XVIII.”. " 101 STAT. 1330–306
(b)Notice.— The Secretary of Health and Human Services, acting [42 USC 1383c note](/us/usc/t42/s1383c). through the Social Security Administration, shall (within 3 months after the date of the enactment of this Act) issue a notice to all individuals who will have attained age 60 but not age 65 as of April 1, 1988, and who received supplemental security income benefits under title XVI of the Social Security Act prior to attaining age 60 but lost those benefits by reason of the receipt of widow’s or widower’s insurance benefits (or other benefits as described in section 1634(d)(1) of that Act as added by subsection
(a)of this section) under title II of that Act. Each such notice shall set forth and explain the provisions of section 1634(d) of the Social Security Act (as so added), and shall inform the individual that he or she should contact the Secretary or the appropriate State agency concerning his or her possible eligibility for medical assistance benefits under such title XIX.
(c)State Determinations.— Any determination required under [42 USC 1383c note](/us/usc/t42/s1383c). section 1634(d) of the Social Security Act with respect to whether an individual would be eligible for benefits under title XVI of such Act (or State supplementary payments) in the absence of benefits under section 202 shall be made by the appropriate State agency.
(d)Conforming Amendments.— Section 1922(a)(2) of the Social Security Act is amended—[42 USC 1396s](/us/usc/t42/s1396s).
(1)by striking “1634 (b)” in subparagraph
(B)and inserting “1634
(b)and (c)”; and
(2)by adding at the end the following new subparagraph: " “(C) Section 1634(d) of this Act (relating to individuals who lose eligibility for SSI benefits due to entitlement to early widow’s or widower’s insurance benefits under section 202
(e)or
(f)of this Act).”. "
(e)Effective Date.— The amendments made by subsection
(a)[42 USC 1383c note](/us/usc/t42/s1383c). shall apply with respect to any individual without regard to whether the determination of his or her ineligibility for supplemental security income benefits by reason of the receipt of benefits under section 202 of the Social Security Act 9090Copy read “Social Security (as”. (EIS described in section 1634(d)(2) of such Act) occurred before, on, or after the date of the enactment of this Act; but no individual shall be eligible for assistance under title XIX of such Act by reason of such amendments for any period before July 1, 1988. SEC. 9117. DEMONSTRATION PROGRAM TO ASSIST HOMELESS INDIVIDUALS. [42 USC 1383 note](/us/usc/t42/s1383).
(a)In General.— The Secretary of Health and Human Services (inGrants. this section referred to as the “Secretary”) is authorized to make grants to States for projects designed to demonstrate and test the feasibility of special procedures and services to ensure that homeless individuals are provided SSI and other benefits under the Social Security Act to which they are entitled and receive assistance in using such benefits to obtain permanent housing, food, and health care. Each project approved under this section shall meet such conditions and requirements, consistent with this section, as the Secretary shall prescribe.
(b)Scope of Projects.— Projects for which grants are made underGrants. this section shall include, more specifically, procedures and services to overcome barriers which prevent homeless individuals (particu-101 STAT. 1330–307larly the chronically mentally ill) from receiving and appropriately using benefits, including—
(1)the creation of cooperative approaches between the Social Security Administration, State and local governments, shelters for the homeless, and other providers of services to the homeless;
(2)the establishment, where appropriate, of multi-agency SSI Outreach Teams (as described in subsection (c)), to facilitate communication between the agencies and staff involved in taking and processing claims for SSI and other benefits by the homeless who use shelters;
(3)special efforts to identify homeless individuals who are potentially eligible for SSI or other benefits under the Social Security Act;
(4)the provision of special assistance to the homeless in applying for benefits, including assistance in obtaining and developing evidence of disability and supporting documentation for nondisability-related eligibility requirements;
(5)the provision of special training and assistance to public and private agency staff, including shelter employees, on disability eligibility procedures and evidentiary requirements;
(6)the provision of ongoing assistance to formerly homeless individuals to ensure their responding to information requests related to periodic redeterminations of eligibility for SSI and other benefits;
(7)the provision of assistance in ensuring appropriate use of benefit funds for the purpose of enabling homeless individuals to obtain permanent housing, nutrition, and physical and mental health care, including the use, where appropriate, of the disabled individual’s representative payee for case management services; and
(8)such other procedures and services as the Secretary may approve.
(c)SSI Outreach Team Projects.—
(1)If a State applies for funds under this section for the purpose of establishing a multi-agency SSI Outreach Team, the membership and functions of such Team9191Copy read “team”. shall be as follows (except as provided in paragraph (2)):
(A)The membership of the Team shall include a social services case worker (or case workers, if necessary); a consultative medical examiner who is qualified to provide consultative examinations for the Disability Determination Service of the State; a disability examiner, from the State Disability Determination Service; and a claims representative from an office of the Social Security Administration.
(B)The Team shall have designated members responsible for—
(i)identification of homeless individuals who are potentially eligible for SSI or other benefits under the Social Security Act;
(ii)ensuring that such individuals understand their rights under the programs;
(iii)assisting such individuals in applying for benefits, including assistance in obtaining and developing evidence101 STAT. 1330–308 and supporting documentation relating to disability- and nondisability-related eligibility requirements;
(iv)arranging transportation and accompanying applicants to necessary examinations, if needed; and
(v)providing for the tracking and monitoring of all claims for benefits by individuals under the project.
(2)If the Secretary determines that an application by a State for an SSI Outreach Team Project under this section which proposes a membership and functions for such Team different from those prescribed in paragraph
(1)but which is expected to be as effective, the Secretary may waive the requirements of such paragraph.
(d)Information and Reports; Evaluation.—
(1)Each State having an approved SSI Outreach Team Project shall periodically submit to the Secretary such information (with respect to the project) as may be necessary to enable the Secretary to evaluate such project in particular and the demonstration program under this section in general.
(A)The Secretary shall from time to time (but not less often than annually) submit to the Congress a full and complete report on the program under this section, together with a detailed evaluation of such program and of the projects thereunder along with such recommendations as may be deemed appropriate. Such evaluation and such recommendations shall be designed to serve as a basis for determining whether (and to what extent) the activities and procedures included in the demonstration program under this section should be continued, expanded, or modified, or converted (with or without changes) into a regular feature of permanent law.
(B)The criteria used by the Secretary in evaluating the program and the projects thereunder shall not be limited to those which would normally be used in evaluating programs and activities of the kind involved, but shall fully take into account the special circumstances of the homeless and their need for personalized attention and follow-through assistance, and shall emphasize the extent to which the procedures and assistance made available to applicants under such projects are recognizing those circumstances and meeting that need.
(e)Authorization of Appropriations.— To carry out this section, there are authorized to be appropriated to the Secretary—
(A)the sum of $1,250,000 for the fiscal year 1988;
(B)the sum of $2,500,000 for the fiscal year 1989; and
(C)such sums as may be necessary for each fiscal year thereafter. SEC. 9118. ASSISTANCE TO HOMELESS AFDC FAMILIES. The Secretary of Health and Human Services may not take anyFederal Register, publication. action, prior to October 1, 1988, that would have the effect of implementing in whole or in part the proposed regulation published in the Federal Register on December 14, 1987, with respect to emergency assistance and the need for and amount of assistance under the program of aid to families with dependent children, or that would change current policy with respect to any of the matters addressed in such proposed regulation. SEC. 9119. INCREASE IN PERSONAL NEEDS ALLOWANCE FOR SSI RECIPIENTS.
(a)Increase in Standard.— Section 1611(e)(1)(B) of the Social Security Act is amended—[42 USC 1382](/us/usc/t42/s1382). 101 STAT. 1330–309
(1)by striking “$300 per year” in clauses
(i)and (ii)(I) and inserting “$360 per year”; and
(2)by striking “$600 per year” in clause
(iii)and inserting “$720 per year”.
(b)Mandatory Pass-Through of Increased Personal Needs Allowance.— Section 1618 of such Act is amended by adding at the[42 USC 1382g](/us/usc/t42/s1382g). end the following new subsection: " “(g) In order for any State which makes supplementary payments of the type described in section 1616(a) (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66) to recipients of benefits determined under section 1611(e)(1)(B), on or after October 1, 1987, to be eligible for payments pursuant to title XIX with respect to any calendar quarter which begins— “(1) after October 1, 1987, or, if later “(2) after the calendar quarter in which it first makes such supplementary payments to recipients of benefits so determined, such State must have in effect an agreement with the Secretary whereby the State will— “(3) continue to make such supplementary payments to recipients of benefits so determined, and “(4) maintain such supplementary payments to recipients of benefits so determined at levels which assure (with respect to any particular month beginning with the month in which this subsection is first effective) that— “(A) the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under section 1611(e)(1)(B) for that particular month, is not less than— “(B) the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under section 1611(e)(1)(B) for October 1987 (or, if no such supplementary payments were made for that month, the combined level for the first subsequent month for which such payments were made), increased— “(i) in a case to which clause
(i)of such section 1611(e)(1)(B) applies or (with respect to the individual or spouse who is in the hospital, home, or facility involved) to which clause
(ii)of such section applies, by $5, and “(ii) in a case to which clause
(iii)of such section 1611(e)(1)(B) applies, by $10.”. "
(c)Effective Date.— The amendments made by subsections
(a)[42 USC 1382 note](/us/usc/t42/s1382). and
(b)shall become effective July 1, 1988. SEC. 9120. EXCLUSION OF DEATH BENEFITS TO THE EXTENT SPENT ON LAST ILLNESS AND BURIAL.
(a)In General.— Subparagraphs
(D)and
(E)of section 1612(a)(2) of the Social Security Act are amended to read as follows: [42 USC 1382a](/us/usc/t42/s1382a). " “(D) payments to the individual occasioned by the death of another person, to the extent that the total of such payments exceeds the amount expended by such individual for purposes of the deceased person’s last illness and burial; “(E) support and alimony payments, and (subject to the provisions of subparagraph
(D)excluding certain amounts101 STAT. 1330–310 expended for purposes of a last illness and burial) gifts (cash or otherwise) and inheritances; and”. "
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 1382a note](/us/usc/t42/s1382a). note shall become effective April 1, 1988. SEC. 9121. DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM. [42 USC 602 note](/us/usc/t42/s602).
(a)In General.— Upon application of the State of Washington and approval by the Secretary of Health and Human Services, the State of Washington (in this section referred to as the “State”) may conduct a demonstration project in accordance with this section for the purpose of testing whether the operation of its Family Independence Program enacted in May 1987 (in this section referred to as the “Program”), as an alternative to the AFDC program under title IV of the Social Security Act, would more effectively break the cycle of poverty and provide families with opportunities for economic independence and strengthened family functioning.
(b)Nature of Project.— Under the demonstration project conducted under this section—
(1)every individual eligible for aid under the State plan approved under section 402(a) of the Social Security Act shall be eligible to enroll in the Program, which shall operate simultaneously with the AFDC program so long as there are individuals who qualify for the latter;
(2)cash assistance shall be furnished in a timely manner to all eligible individuals under the Program (and the State may not make expenditures for services under the Program until it has paid all necessary cash assistance), with no family receiving less in cash benefits than it would have received under the AFDC program;
(3)individuals may be required to register, undergo assessment, and participate in work, education, or training under the Program, except that—
(A)work or training may not be required in the case of—
(i)a single parent of a child under six months of age, or more than one parent of such a child in a two-parent family,
(ii)a single parent with a child of any age who has received assistance for less than six months,
(iii)a single parent with a child under three years of age who has received assistance for less than three years,
(iv)an individual under 16 years of age or over 64 years of age,
(v)an individual who is incapacitated, temporarily ill, or needed at home to care for an impaired person, or
(vi)an individual who has not yet been individually notified in writing of such requirement or of the expiration of his or her exempt status under this subparagraph;
(B)participation in work or training shall in any case be voluntary during the first two years of the Program, and may thereafter be made mandatory only in counties where more than 50 percent of the enrollees can be placed in employment within three months after they are job ready;
(C)in no case shall the work and training aspect of the Program be mandated in any county where the unemployment level is at least twice the State average; and 101 STAT. 1330–311
(D)mandated work shall not include work in any position created by a reduction in the work force, a bona fide labor dispute, the decertification of a bargaining unit, or a new job classification which subverts the intention of the Program;
(4)there shall be no change in existing State law which would eliminate guaranteed benefits or reduce the rights of applicants or enrollees; and
(5)the Program shall include due process guarantees and procedures no less than those which are available to participants in the AFDC program under Federal law and regulation and under State law.
(c)Waivers.— The Secretary shall (with respect to the project under this section) waive compliance with any requirements contained in title IV of the Social Security Act which (if applied) would prevent the State from carrying out the project or effectively achieving its purpose, or with the requirements of sections 1902(a)(1), 1902(e)(1), and 1916 of that Act Gout only to the extent necessary to enable the State to carry out the Program 9292Copy read “program”. as enacted by the State in April 1987).
(d)Funding.—
(1)The Secretary, under section 403(b) or 1903(d) of the Social Security Act, shall reimburse the State for its expenditures under the Program—
(A)at a rate equal to the Federal matching rate applicable to the State under section 403(a)(1) (or 1118) of the Social Security Act, for cash assistance, medical assistance, and child care provided to enrollees;
(B)at a rate equal to the applicable Federal matching rate under section 403(a)(3) of such Act, for administrative expenses; and
(C)at the rate of 75 percent for an evaluation plan approved by the Secretary.
(2)As a condition of approval of the project under this section, the State must provide assurances satisfactory to the Secretary that the total amount of Federal reimbursement over the period of the project will not exceed the anticipated Federal reimbursements (over that period) under the AFDC and Medicaid programs; but this paragraph shall not prevent the State from claiming reimbursement for additional persons who would qualify for assistance under the AFDC program, for costs attributable to increases in the State’s payment standard, or for any other federally-matched benefits or services.
(e)Evaluation.— The State must satisfy the Secretary that the Program 9393Copy read “program”. will be evaluated using a reasonable methodology.
(f)Duration of Project.—
(1)The project under this section shall begin on the date on which the first individual is enrolled in the Program and (subject to paragraph (2)) shall end five years after that date.
(2)The project may be terminated at any time, on six months written notice, by the State or (upon a finding that the State has materially failed to comply with this section) by the Secretary. 101 STAT. 1330–312 SEC. 9122. CHILD SUPPORT DEMONSTRATION PROGRAM IN NEW YORK STATE. [42 USC 602 note](/us/usc/t42/s602).
(a)In General.— Upon application by the State of New York and approval by the Secretary of Health and Human Services (in this section referred to as the “Secretary”), the State of New York (in this section referred to as the "State") may conduct a demonstration program in accordance with this section for the purpose of testing a State program as an alternative to the program of Aid to Families with Dependent Children under title IV of the Social Security Act.
(b)Nature of Program.— Under the demonstration program conducted under this section—
(1)all custodial parents of dependent children who are eligible for supplements under the State plan approved under section 402(a) of the Social Security Act (and such other types or classes of such parents as the State may specify) may elect to receive benefits under the State's Child Support Supplement Program in lieu of supplements under such plan; and
(2)the Federal Government will pay to the State with respect to families receiving benefits under the State's Child Support Supplement Program the same amounts as would have been payable with respect to such families under sections 403 and 1903 of the Social Security Act as if the families were receiving aid and medical assistance under the State plans in effect with respect to such sections.
(c)Waivers.— The Secretary shall (with respect to the program under this section) waive compliance with any requirements contained in title IV of the Social Security Act which (if applied) would prevent the State from carrying out the program or effectively achieving its purpose.
(d)Conditions of Approval.— As a condition of approval of the program under this section, the State shall—
(1)provide assurances satisfactory to the Secretary that the State—
(A)will continue to make assistance available to all eligible children in the State who are in need of financial support, and
(B)will continue to operate an effective child support enforcement program;
(2)agree—
(A)to have the program evaluated, and
(B)to report interim findings to the Secretary at such Reports. times as the Secretary shall provide; and
(3)satisfy the Secretary that the program will be evaluated using a reasonable methodology that can determine whether changes in work behavior and changes in earnings are attributable to participation in the program.
(e)Application Process.— In order to participate in the program under this section, the State must submit an application under this section not later than two years after the date of enactment of this Act. The Secretary shall approve or disapprove the application of the State not later than 90 days after the date of its submission. If the application is disapproved, the Secretary shall provide to the State a statement of the reasons for such disapproval, of the changes needed to obtain approval, and of the date by which the State may resubmit the application. 101 STAT. 1330–313
(f)Effective Date.— The program under this section shall commence not later than the first day of the third calendar quarter beginning on or after the date on which the application of the State is approved in accordance with subsection (e).
(g)Duration of Program.—
(1)Except as provided in paragraph (2), if the Secretary approves the application of the State, the demonstration program under this section shall be conducted for a period not to exceed five years.
(A)The Governor of the State may before the end of the period described in paragraph
(1)terminate the demonstration program under this section if the Governor finds that the program is not successful in testing the State's Child Support Supplement Program as an alternative to the program under title IV of the Social Security Act. The Governor shall notify the Secretary of the decision to terminate the program not less than three months prior to the date of such termination.
(B)The Secretary may terminate the program before the end of such period if the Secretary finds that the program is not in compliance with the terms of the application. The Secretary shall notify the Governor of the decision to terminate the program not less than three months prior to the date of such termination. SEC. 9123. TECHNICAL CORRECTION. The subsection of section 1631 of the Social Security Act which was added as subsection
(j)by section 11006 of the Anti-Drug Abuse Act of 1986 is redesignated as subsection
(m)and is moved to the end[42 USC 1383](/us/usc/t42/s1383). of such section 1631 so that it appears immediately after subsection
(1)thereof (as added by section 9111(a) of this Act); and the heading of such subsection is amended to read as follows: “Pre-Release Procedures for Institutionalized Persons”. **PART 2—** **SOCIAL SERVICES, CHILD WELFARE SERVICES, AND OTHER PROVISIONS RELATING TO CHILDREN** SEC. 9131. PERMANENT EXTENSION OF AUTHORITY FOR VOLUNTARY FOSTER CARE PLACEMENTS.
(a)In General.— Section 102 of the Adoption Assistance and Child Welfare Act of 1980 is amended—[42 USC 672 note](/us/usc/t42/s672).
(1)in subsection (a)(1) (in the matter preceding subparagraph (A)), by striking “and before October 1, 1987,”;
(2)in subsection (c), by striking all that follows “September 30, 1979” and inserting a period; and
(3)in subsection (e), by striking “with respect to which the amendments made by this section are in effect”.
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 672 note](/us/usc/t42/s672). shall become effective October 1, 1987. SEC. 9132. 2-YEAR EXTENSION OF FOSTER CARE CEILING AND OF AUTHORITY TO TRANSFER FOSTER CARE FUNDS TO CHILD WELFARE SERVICES.
(a)In General.— Section 474 of the Social Security Act is[42 USC 674](/us/usc/t42/s674). amended— 101 STAT. 1330–314
(1)in paragraphs (1), (2)(A)(iii), (2)(B), (4)(B), and (5)(A)(ii) of subsection (b), by striking “through 1987” and inserting “through 1989”;
(2)in paragraph (5)(A) of subsection
(b)(in the matter preceding clause (i)), by striking “October 1, 1987” and inserting “October 1, 1989”; and
(3)in paragraphs
(1)and
(2)of subsection (c), by striking “through 1987” and inserting “through 1989”.
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 674 note](/us/usc/t42/s674). shall become effective October 1, 1987. SEC. 9133. MOTHER/INFANT FOSTER CARE.
(a)In General.— Section 475(4) of the Social Security Act is[42 USC 675](/us/usc/t42/s675). amended—
(1)by inserting “(A)” after “(4)”; and
(2)by adding at the end the following new subparagraph: “(B) In cases where— “(i) a child placed in a foster family home or child-care institution is the parent of a son or daughter who is in the same home or institution, and “(ii) payments described in subparagraph
(A)are being made under this part with respect to such child, the foster care maintenance payments made with respect to such child as otherwise determined under subparagraph
(A)shall also include such amounts as may be necessary to cover the cost of the items described in that subparagraph with respect to such son or daughter.”,
(b)Conforming Amendments Relating to Eligibility Under Other Programs.—
(1)Section 402(a)(24) of such Act is amended by[42 USC 602](/us/usc/t42/s602). striking “if an individual is receiving benefits under title XVI, then, for the period for which such benefits are received,” and inserting the following: “if an individual is receiving benefits under title XVI or his costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made to his or her minor parent as provided in section 475(4)(B), then, for the period for which such benefits are received or such costs are so covered”.
(2)Section 472(h) of such Act is amended by adding at the end the[42 USC 672](/us/usc/t42/s672). following new sentence: “For purposes of the preceding sentence, a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to his or her minor parent, as provided in section 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are made under this section.”.
(A)Section 473(a)(2)(A) of such Act is amended—[42 USC 673](/us/usc/t42/s673).
(i)by striking “or” at the end of clause (i);
(ii)by adding “or” at the end of clause (ii); and
(iii)by adding after clause
(ii)the following new clause: " “(iii) is a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to his or her minor parent as provided in section 475(4)(B),”. "
(B)Section 473(a)(2)(B)(iii) of such Act is amended by inserting “or (A)(iii)” after “(A)(ii)”.
(4)Section 473(b) of such Act is amended by adding at the end the following new sentence: “ For purposes of the preceding sentence, a child whose costs in a foster family home or child-care institution101 STAT. 1330–315 are covered by the foster care maintenance payments being made with respect to his or her minor parent, as provided in section 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are being made under section 472.”.
(c)Effective Date.— The amendments made by this section shall[42 USC 602 note](/us/usc/t42/s602). become effective April 1, 1988. SEC. 9134. INCREASED FUNDING FOR SOCIAL SERVICES BLOCK GRANTS.
(a)Increase in Funding.— Section 2003(c) of the Social Security Act is amended—[42 USC 1397b](/us/usc/t42/s1397b).
(A)by striking “and” at the end of paragraph (2);
(B)in paragraph (3), by striking “year” the first place it appears and all that follows through the period and inserting “years 1984, 1985, 1986, and 1987, and for each succeeding fiscal year other than the fiscal year 1988; and”; and
(C)by adding at the end the following new paragraph: " “(4) $2,750,000,000 for the fiscal year 1988.”. "
(b)Requirement That Additional Funds Supplement and Not[42 USC 1397b note](/us/usc/t42/s42 USC 1397b note). Supplant Funds Available from Other Sources.— The additional $50,000,000 made available to the States for the fiscal year 1988 pursuant to the amendments made by subsection
(a)shall—
(A)be used only for the purpose of providing additional services under title XX of the Social Security Act; and
(B)be expended only to supplement the level of any funds that would, in the absence of the additional funds appropriated pursuant to such amendments, be available from other sources (including any amounts available under title XX of the Social Security Act without regard to such amendments) for services in accordance with such title, and shall in no case supplant such funds from other sources or reduce the level thereof SEC. 9135. EXTENSION OF SOCIAL SERVICES BLOCK GRANT AND CHILD WELFARE SERVICES PROGRAMS TO AMERICAN SAMOA.
(a)Social Services Block Grant Program.—
(1)Section 1101(a)(1) of the Social Security Act is amended by inserting “American[42 USC 1301](/us/usc/t42/s1301). Samoa,” after “Guam,” in the last sentence.
(A)Section 2003(a) of such Act is amended by adding at the end the following new sentence: “The allotment for fiscal year 1989 and each succeeding fiscal year to American Samoa shall be an amount which bears the same ratio to the amount allotted to the Northern Mariana Islands for that fiscal year as the population of American Samoa bears to the population of the Northern Mariana Islands determined on the basis of the most recent data available at the time such allotment is determined.”.
(B)Section 2003(b) of such Act is amended by inserting “American Samoa,” after “the Virgin Islands,” each place it appears.
(b)Child Welfare Services Program.—
(1)Section 1101(a)(1) of such Act is amended by adding at the end thereof the following new sentence: “Such term when used in part B of title IV also includes American Samoa.”.
(2)Section 421(b) of such Act is amended by striking “and Guam”[42 USC 621](/us/usc/t42/s621). and inserting “Guam, and American Samoa”.
(c)Effective Date.— The amendments made by this section shall[42 USC 621 note](/us/usc/t42/s621). apply with respect to fiscal years beginning on or after October 1, 1988. 101 STAT. 1330–316 SEC. 9136. NATIONAL COMMISSION ON CHILDREN. Part A of title XI of the Social Security Act is amended by adding at the end the following new section: " “national commission on children “Sec. 1139.
(1)There is hereby established a commission to be[42 USC 1320b–9](/us/usc/t42/s1320b–9). known as the National Commission on Children (in this section referred to as the ‘Commission’). “(b)
(1)The Commission shall consist of— “(A) 12 members to be appointed by the President, President of U.S. “(B) 12 members to be appointed by the Speaker of the House of Representatives, and “(C) 12 members to be appointed by the President pro tempore of the Senate. “(2) The President, the Speaker, and the President pro tempore President of U.S. shall each appoint as members of the Commission— “(A) 4 individuals who— “(i) are representatives of organizations providing services to children, “(ii) are involved in activities on behalf of children, or “(iii) have engaged in academic research with respect to the problems and needs of children, “(B) 4 individuals who are elected or appointed public officials (at the Federal, State, or local level) involved in issues and programs relating to children, and “(C) 4 individuals who are parents or representatives of parents or parents' organizations. “(3) The appointments made pursuant to subparagraphs
(B)and
(C)of paragraph
(1)shall be made in consultation with the chairmen of committees of the House of Representatives and the Senate, respectively, having jurisdiction over relevant Federal programs. “(c)
(1)It shall be the duty and function of the Commission to serveReports. as a forum on behalf of the children of the Nation and to conduct the studies and issue the report required by subsection (d). “(2) The Commission (and any committees that it may form) shall conduct public hearings in different geographic areas of the country, both urban and rural, in order to receive the views of a broad spectrum of the public on the status of the Nation's children and on ways to safeguard and enhance the physical, mental, and emotional well-being of all of the children of the Nation, including those with physical or mental disabilities, and others whose circumstances deny them a full share of the opportunities that parents of the Nation may rightfully expect for their children. “(3) The Commission shall receive testimony from individuals, and from representatives of public and private organizations and institutions with an interest in the welfare of children, including educators, health care professionals, religious leaders, providers of social services, representatives of organizations with children as members, elected and appointed public officials, and from parents and children speaking in their own behalf. “(d) The Commission shall submit to the President, and to theReports. Committees on Finance and Labor and Human Resources of the Senate and the Committees on Ways and Means, Education and Labor, and Energy and Commerce of the House of Representatives, an interim report no later than September 30, 1988, and a final101 STAT. 1330–317 report no later than March 31, 1989, setting forth recommendations with respect to the following subjects: “(1) Questions relating to the health of children that the Commission shall address include— “(A) how to reduce infant mortality, “(B) how to reduce the number of low-birth-weight babies, “(C) how to reduce the number of children with chronic illnesses and disabilities, “(D) how to improve the nutrition of children, “(E) how to promote the physical fitness of children, “(F) how to ensure that pregnant women receive adequate prenatal care, “(G) how to ensure that all children have access to both preventive and acute care health services, and “(H) how to improve the quality and availability of health care for children. “(2) Questions relating to social and support services for children and their parents that the Commission shall address include— “(A) how to prevent and treat child neglect and abuse, “(B) how to provide help to parents who seek assistance in meeting the problems of their children, “(C) how to provide counseling services for children, “(D) how to strengthen the family unit, “(E) how children can be assured of adequate care while their parents are working or participating in education or training programs, “(F) how to improve foster care and adoption services, “(G) how to reduce drug and alcohol abuse by children and youths, and “(H) how to reduce the incidence of teenage pregnancy. “(3) Questions relating to education that the Commission shall address include— “(A) how to encourage academic excellence for all children at all levels of education, “(B) how to use preschool experiences to enhance educational achievement, “(C) how to improve the qualifications of teachers, “(D) how schools can better prepare the Nation's youth to compete in the labor market, “(E) how parents and schools can work together to help children achieve success at each step of the academic ladder, “(F) how to encourage teenagers to complete high school and remain in school to fulfill their academic potential, “(G) how to address the problems of drug and alcohol abuse by young people, “(H) how schools might lend support to efforts aimed at reducing the incidence of teenage pregnancy, and “(I) how schools might better meet the special needs of children who have physical or mental handicaps. “(4) Questions relating to income security that the Commission shall address include— “(A) how to reduce poverty among children, “(B) how to ensure that parents support their children to the fullest extent possible through improved child support101 STAT. 1330–318 collection services, including services on behalf of children whose parents are unmarried, and “(C) how to ensure that cash assistance to needy children is adequate. “(5) Questions relating to tax policy that the Commission shall address include— “(A) how to assure the equitable tax treatment of families with children, “(B) the effect of existing tax provisions, including the dependent care tax credit, the earned income tax credit, and the targeted jobs tax credit, on children living in poverty, “(C) whether the dependent care tax credit should be refundable and the effect of such a policy, “(D) whether the earned income tax credit should be adjusted for family size and the effect of such a policy, and “(E) whether there are other tax-related policies which would reduce poverty among children. “(6) In addition to addressing the questions specified in paragraphs
(1)through (5), the Commission shall— “(A) seek to identify ways in which public and private organizations and institutions can work together at the community level to identify deficiencies in existing services for families and children and to develop recommendations to ensure that the needs of families and children are met, using all available resources, in a coordinated and comprehensive manner, and “(B) assess the existing capacities of agencies to collect and analyze data on the status of children and on relevant programs, identify gaps in the data collection system, and recommend ways to improve the collection of data and the coordination among agencies in the collection and utilization of data. The reports required by this subsection shall be based upon the testimony received in the hearings conducted pursuant to subsection (c), and upon other data and findings developed by the Commission. “(e)
(A)Members of the Commission shall first be appointed not later than 60 days after the date of the enactment of this section, for terms ending on March 31, 1989. “(B) A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the vacant position was first filled. “(2) The Commission shall elect one of its members to serve as Chairman of the Commission. The Chairman shall be a nonvoting member of the Commission. “(3) A majority of the members of the Commission shall constitute a quorum for the transaction of business. “(4)
(A)The Commission shall meet at the call of the Chairman, or at the call of a majority of the members of the Commission. “(B) The Commission shall meet not less than 4 times during the period beginning with the date of the enactment of this section and ending with March 31, 1989. “(5) Decisions of the Commission shall be according to the vote of a simple majority of those present and voting at a properly called meeting, “(6) Members of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other101 STAT. 1330–319 necessary expenses incurred in the performance of their duties as members of the Commission. “(f)
(1)The Commission shall appoint an Executive Director of the Commission who shall be compensated at a rate fixed by the Commission, but which shall not exceed the rate established for level V of the Executive Schedule under title 5, United States Code. “(2) In addition to the Executive Director, the Commission may appoint and fix the compensation of such personnel as it deems advisable, in accordance with the provisions of title 5, United States Code, governing appointments to the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. “(g) In carrying out its duties, the Commission, or any duly organized committee thereof, is authorized to hold such hearings, sit and act at such times and places, and take such testimony, with respect to matters for which it has a responsibility under this section, as the Commission or committee may deem advisable. “(h)
(1)The Commission may secure directly from any department or agency of the United States such data and information as may be necessary to carry out its responsibilities. “(2) Upon request of the Commission, any such department or agency shall furnish any such data or information. “(i) The General Services Administration shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. “(j) There are authorized to be appropriated such sums as may be necessary to carry out this section.”. " Sec. 9137. BOARDER BABIES DEMONSTRATION PROJECT. Section 426 of the Social Security Act is amended—[42 USC 626](/us/usc/t42/s626).
(1)by redesignating subsection
(b)as subsection (c); and
(2)by inserting immediately after subsection
(a)the following new subsection: " “(b)
(1)There are authorized to be appropriated $4,000,000 for each of the fiscal years 1988, 1989, and 1990 for grants by the Secretary to public or private nonprofit entities submitting applications under this subsection for the purpose of conducting demonstration projects under this subsection to develop alternative care arrangements for infants who do not have health conditions that require hospitalization and who would otherwise remain in inappropriate hospital settings. “(2) The demonstration projects conducted under this section may include— “(A) multidisciplinary projects designed to prevent the inappropriate hospitalization of infants and to allow infants described in paragraph
(1)to remain with or return to a parent in a residential setting, where appropriate care for the infant and suitable treatment for the parent (including treatment for drug or alcohol addiction) may be assured, with the goal (where possible) of rehabilitating the parent and eliminating the need for such care for the infant; “(B) multidisciplinary projects that assure appropriate, individualized care for such infants in a foster home or other non-medical residential setting in cases where such infant does not require hospitalization and would otherwise remain in inappropriate hospital settings, including projects to dem-101 STAT. 1330–320onstrate methods to recruit, train, and retain foster care families; and “(C) such other projects as the Secretary determines will best serve the interests of such infants and will serve as models for projects that agencies or organizations in other communities may wish to develop. “(3) In the case of any project which includes the use of funds authorized under this subsection for the care of infants in foster homes or other non-medical residential settings away from their parents, there shall be developed for each such infant a case plan of the type described in section 475(1) (to the extent that such infant is not otherwise covered by such a plan), and each such project shall include a case review system of the type described in section 475(5) (covering each such infant who is not otherwise subject to such a system). “(4) In evaluating applications from entities proposing to conduct demonstration projects under this subsection, the Secretary shall give priority to those projects that serve areas most in need of alternative care arrangements for infants described in paragraph (1). “(5) No project may be funded unless the application therefor contains assurances that it will— “(A) provide for adequate evaluation; “(B) provide for coordination with local governments; “(C) provide for community education regarding the inappropriate hospitalization of infants; “(D) use, to the extent practical, other available private, local. State, and Federal sources for the provision of direct services; and “(E) meet such other criteria as the Secretary may prescribe. “(6) Grants may be used to pay the costs of maintenance and ofGrants. necessary medical and social services (to the extent that these costs are not otherwise paid for under other titles of this Act), and for such other purposes as the Secretary may allow. “(7) The Secretary shall provide training and technical assistance to grantees, as requested.”. " SEC. 9138. STUDY OF INFANTS AND CHILDREN WITH AIDS IN FOSTER CARE.
(a)In General.— The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall conduct (or arrange for) a survey to determine—
(1)the total number of infants and children in the United States who have been diagnosed as having acquired immune deficiency syndrome and who have been placed in foster care;
(2)the problems encountered by social service agencies in placing infants and children with such syndrome in foster care; and
(3)the potential increase (over the five-year period beginning on the date of the enactment of this Act) in the number of infants and children with such syndrome who will require foster care. For purposes of this section, an infant or child with acquired immune deficiency syndrome includes an infant or child who is infected with the virus associated with such syndrome.
(b)Restriction on Scope of Survey.— In conducting (or arranging for) the survey under subsection (a), the Secretary shall assure101 STAT. 1330–321 that survey activities do not duplicate research activities conducted by the Centers for Disease Control.
(c)Report.— Not later than 12 months after the date of enactment of this Act, the Secretary shall report to the Congress on the results of the survey conducted under subsection
(a)and shall make recommendations to the Congress with respect to improving the care of infants and children with acquired immune deficiency syndrome who lack ongoing parental involvement and support. SEC. 9139. TECHNICAL CORRECTIONS.
(a)The last sentence of section 472(a) of the Social Security Act is[42 USC 672](/us/usc/t42/s672). amended by striking out “473(a)(1)(B)” and inserting in lieu thereof “473(a)(2)(B)”.
(b)Section 201(b)(2)(B) of the Immigration Reform and Control Act of 1986 is amended by striking out “Section 473(a)(1) of such Act”[42 USC 673](/us/usc/t42/s673). and inserting in lieu thereof “Section 473(a)(2) of such Act (as amended by section 1711(a) of the Tax Reform Act of 1986)”. **PART 3—** **CHILD SUPPORT ENFORCEMENT AMENDMENTS** SEC. 9141. CONTINUATION IN CHILD SUPPORT ENFORCEMENT SERVICES TO FAMILIES NO LONGER RECEIVING AFDC.
(a)In General.—
(1)Section 457(c) of the Social Security Act is[42 USC 657](/us/usc/t42/s657). amended to read as follows: " “(c) Whenever a family with respect to which child support enforcement services have been provided pursuant to section 454(4) ceases to receive assistance under part A of this title, the State shall provide appropriate notice to the family and continue to provide such services, and pay any amount of support collected, subject to the same conditions and on the same basis as in the case of the individuals to whom services are furnished pursuant to section 454(6), except that no application or other request to continue services shall be required of a family to which this subsection applies, and the provisions of section 454(6)(B) may not be applied.”. "
(2)Section 454(5) of such Act is amended by striking “(except as[42 USC 654](/us/usc/t42/s654). provided in section 457(c))”.
(b)Effective Date.— The amendments made by subsection
(a)[42 USC 654 note](/us/usc/t42/s654). shall become effective upon enactment. SEC. 9142. CHILD SUPPORT ENFORCEMENT SERVICES REQUIRED FOR CERTAIN FAMILIES RECEIVING MEDICAID.
(a)In General.— Section 454 of the Social Security Act is amended—
(A)by striking “an assignment under section 402(a)(26) of this title” in paragraph (4)(A) and inserting “an assignment under section 402(a)(26) or section 1912”;
(B)by striking “, and” at the end of paragraph (4)(A) and inserting “, or, in the case of such a child with respect to whom an assignment under section 1912 is in effect, the State agency administering the plan approved under title XIX determines pursuant to section 1912(a)(1)(B) that it is against the best interests of the child to do so, and”; and
(C)by inserting “or medical assistance under a State plan approved under title XIX” immediately after “aid to families with dependent children” in paragraph (4)(B); and
(A)by striking “provide that,” and inserting “provide that (A)” in paragraph (5); and 101 STAT. 1330–322
(B)by striking the semicolon at the end of paragraph
(5)and inserting “; and
(B)in any case in which support payments are collected for an individual pursuant to the assignment made under section 1912, such payments shall be made to the State for distribution pursuant to section 1912, except that this clause shall not apply to such payments for any month after the month in which the individual ceases to be eligible for medical assistance;”.
(b)Effective Date.— The amendments made by subsection (a)[42 USC 654 note](/us/usc/t42/s654). shall become effective on July 1, 1988. SEC. 9143. REPEAL OF UNNECESSARY CHILD SUPPORT REVOLVING FUND.
(a)In General.— Section 452(c) of the Social Security Act is[42 USC 652](/us/usc/t_/s_). amended to read as follows: " “(c) The Secretary of the Treasury shall from time to time pay to each State for distribution in accordance with the provisions of section 457 the amount of each collection made on behalf of such State pursuant to subsection (b).”. "
(b)Effective Date.— The amendment made by subsection
(a)[42 USC 652 note](/us/usc/t42/s652). shall apply with respect to amounts collected after the date of the enactment of this Act. **PART 4—** **UNEMPLOYMENT COMPENSATION** SEC. 9151. DETERMINATION OF AMOUNT OF FEDERAL SHARE WITH RESPECT TO CERTAIN EXTENDED BENEFITS PAYMENTS. For the purpose of determining the amount of the Federal payment26 USC 3304 note. to any State under section 204(a)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 with respect to the implementation of paragraph
(3)of section 202
(a)of such Act (as added by section 1024(a) of the Omnibus Reconciliation Act of 1980), such paragraph shall be considered to apply only with respect to weeks of unemployment beginning after October 31, 1981, except that for any State in which the State legislature did not meet in 1981, it shall be considered to apply for such purpose only with respect to weeks of unemployment beginning after October 31, 1982. SEC. 9152. DEMONSTRATION PROGRAM TO PROVIDE SELF-EMPLOYMENT ALLOWANCES FOR ELIGIBLE INDIVIDUALS. Contracts.26 USC 3304 note.
(a)In General.— The Secretary of Labor (hereinafter in this section referred to as the "Secretary") shall carry out a demonstration program under this section for the purpose of making available self-employment allowances to eligible individuals. To carry out such program, the Secretary shall enter into agreements with three States that—
(1)apply to participate in such program, and
(2)demonstrate to the Secretary that they are capable of implementing the provisions of the agreement.
(b)Selection of States.—
(1)In determining whether to enter into an agreement with a State under this section, the Secretary shall take into consideration at least—
(A)the availability and quality of technical assistance currently provided by agencies of the State to the self-employed;
(B)existing local market conditions and the business climate for new, small business enterprises in the State; 101 STAT. 1330–323
(C)the adequacy of State resources to carry out a regular unemployment compensation program and a program under this section;
(D)the range and extent of specialized services to be provided by the State to individuals covered by such an agreement;
(E)the design of the evaluation to be applied by the State to the program; and
(F)the standards which are to be utilized by the State for the purpose of assuring that individuals who will receive self-employment assistance under this section will have sufficient experience (or training) and ability to be self employed.
(2)The Secretary may not enter into an agreement with any State under this section unless the Secretary makes a determination that the State’s unemployment compensation program has adequate reserves.
(c)Provisions of Agreements.— Any agreement entered into with a State under this section shall provide that—
(1)each individual who is an eligible individual with respect to any benefit year beginning during the three-year period commencing on the date on which such agreement is entered into shall receive a self-employment allowance;
(2)self-employment allowances made to any individual under this section shall be made in the same amount, on the same terms, and subject to the same conditions as regular or extended unemployment compensation, as the case may be, paid by such State; except that—
(A)State and Federal requirements relating to availability for work, active search for work, or refusal to accept suitable work shall not apply to such individual; and
(B)such individual shall be considered to be unemployed for purposes of the State and Federal laws applicable to unemployment compensation, as long as the individual meets the requirements applicable under this section to such individual;
(3)to the extent that such allowances are made to an individual under this section, an amount equal to the amount of such allowances shall be charged against the amount that may be paid to such individual under State law for regular or extended unemployment compensation, as the case may be;
(4)the total amount paid to an individual with respect to any benefit year under this section may not exceed the total amount that could be paid to such individual for regular or extended unemployment compensation, as the case may be, with respect to such benefit year under State law;
(5)the State shall implement a program that—
(A)is approved by the Secretary;
(B)will not result in any cost to the Unemployment Trust Fund established by section 904(a) of the Social Security Act in excess of the cost which would have been incurred by such State and charged to such Fund if the State had not participated in the demonstration program under this section;
(C)is designed to select and assist individuals for self-employment allowances, monitor the individual’s self-employment, and provide, as described in subsection (d), to the Secretary a complete evaluation of the use of such allowances; and 101 STAT. 1330–324
(D)otherwise meets the requirements of this section; and
(6)the State, from its general revenue funds, shall—
(A)repay to the Unemployment Trust Fund any cost incurred by the State and charged to the Fund which exceeds the cost which would have been incurred by such State and charged to such Fund if the State had not participated in the demonstration program under this section; and
(B)in any case in which any excess cost described in subparagraph
(A)is not repaid in the fiscal year in which it was charged to the Fund, pay to the Fund an amount of interest, on the outstanding balance of such excess cost, which is sufficient (when combined with any repayment by the State described in subparagraph (A)) to reimburse the Fund for any loss which would not have been incurred if such excess cost had not been incurred.
(d)Evaluation.—
(1)Each State that enters into an agreement under this section shall carry out an evaluation of its activities under this section. Such evaluation shall be based on an experimental design with random assignment between a treatment group and a control group with not more than one-half of the individuals receiving assistance at any one time being assigned to the treatment group.
(2)The Secretary shall use the data provided from such evaluation Reports. to analyze the benefits and the costs of the program carried out under this section, to formulate the reports under subsection (g), and to estimate any excess costs described in subsection (c)(6)(A).
(e)Financing.—
(1)Notwithstanding section 303(a)(5) of the Social Security Act and section 3304(a)(4) of the Internal Revenue Code of 1986, amounts in the unemployment fund of a State may be used by a State to make payments (exclusive of expenses of administration) for self-employment allowances made under this section to an individual who is receiving them in lieu of regular unemployment compensation.
(2)In any case in which a self-employment allowance is made under this section to an individual in lieu of extended unemployment compensation under the Federal-State Extended Unemployment Compensation Act of 1970, payments made under this section for self-employment allowances shall be considered to be compensation described in section 204(a)(1) of such Act and paid under State law.
(f)Limitation.— No funds made available to a State under title III of the Social Security Act or any other Federal law may be used for the purpose of administering the program carried out by such State under this section.
(g)Report to Congress.—
(1)Not later than two years after the date of the enactment of this Act, the Secretary shall submit an interim report to the Congress on the effectiveness of the demonstration program carried out under this section. Such report shall include—
(A)information on the extent to which this section has been utilized;
(B)an analysis of any barriers to such utilization; and
(C)an analysis of the feasibility of extending the provisions of this section to individuals not covered by State unemployment compensation laws. 101 STAT. 1330–325
(2)Not later than four years after the date of the enactment of this Act, the Secretary shall submit a final report to the Congress on such program.
(h)Fraud and Overpayments.—
(1)If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received payment under this section to which he was not entitled, such individual shall be—
(A)ineligible for further assistance under this section; and
(B)subject to prosecution under section 1001 of title 18, United States Code.
(A)If any person received any payment under this section to which such person was not entitled, the State is authorized to require such person to repay such assistance; except that the State agency may waive such repayment if it determines that—
(i)the providing of such assistance or making of such payment was without fault on the part of such person; and
(ii)such repayment would be contrary to equity and good conscience.
(B)No repayment shall be required under subparagraph
(A)until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the person, and the determination has become final. Any determination under such subparagraph shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.
(i)Definitions.— For purposes of this section—
(1)the term “eligible individual” means, with respect to any benefit year, an individual who—
(A)is eligible to receive regular or extended compensation under the State law during such benefit year;
(B)is likely to receive unemployment compensation for the maximum number of weeks that such compensation is made available under the State law during such benefit year;
(C)submits an application to the State agency for a self-employment allowance under this section; and
(D)meets applicable State requirements, except that not more than
(i)3 percent of the number of individuals eligible to receive regular compensation in a State at the beginning of a fiscal year, or
(ii)the number of persons who exhausted their unemployment compensation benefits in the fiscal year ending before such fiscal year, whichever is lesser, may be considered as eligible individuals for such State for purposes of this section during such fiscal year;
(2)the term “self-employment allowance” means compensation paid under this section for the purpose of assisting an eligible individual with such individual’s self-employment; and
(3)the terms “compensation”, “extended compensation”, “regular compensation”, “benefit year”, “State”, and “State law”, have the respective meanings given to such terms by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. 101 STAT. 1330–326 SEC. 9153. EXTENSION OF FUTA TAX.
(a)In General.— Paragraphs
(1)and
(2)of section 8301 of the Federal Unemployment Tax Act (26 U.S.C. 3301) are amended to read as follows: “(1) 6.2 percent in the case of calendar years 1988, 1989, and 1990; or “(2) 6.0 percent in the case of calendar year 1991 and each calendar year thereafter;”.
(b)Effective Date.— The amendment made by subsection
(a)[26 USC 3301 note](/us/usc/t26/s3301). note. shall apply to wages paid on or after January 1, 1988. SEC. 9154. TRANSFER OF FUNDS INTO THE FEDERAL UNEMPLOYMENT ACCOUNT AND THE EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
(a)In General.— Section 901 of the Social Security Act (42 U.S.C. 1101) is amended by adding at the end the following new subsection: “Transfers For Calendar Years 1988, 1989, and 1990 " “(g)
(1)With respect to calendar years 1988, 1989, and 1990, the Secretary of the Treasury shall transfer from the employment security administration account— “(A) to the Federal unemployment account an amount equal to 50 percent of the amount of tax received under section 3301(1) of the Federal Unemployment Tax Act which is attributable to the difference in the tax rates between paragraphs
(1)and
(2)of such section; and “(B) to the extended unemployment compensation account an amount equal to 50 percent of such amount of tax received. “(2) Transfers under this subsection shall be as of the beginning of the month succeeding the month in which the moneys were credited to the employment security administration account pursuant to subsection (b)(2) with respect to wages paid during such calendar years.”. "
(b)Increase in the Limitation on the Amounts in Such Accounts.—
(1)Section 902(a)(2) of such Act (42 U.S.C. 1102(a)(2)) is amended by striking out “one-eighth” and inserting in lieu thereof “five-eighths”.
(2)Section 905(b)(2)(B) of such Act (42 U.S.C. 1105a))(2)(B)) is amended by striking out “one-eighth” and inserting in lieu thereof “three-eighths”.
(c)Conforming Amendments.—
(1)Section 905(b)(1) of such Act (42 U.S.C. 1105(b)(1)) is amended by striking out the last sentence thereof.
(2)Section 901(c)(3)(C) of such Act (42 U.S.C. 1101(c)(3)(C)) is amended by striking out “(i)” and all that follows through the period and inserting in lieu thereof “a tax rate of 0.6 percent.”.
(d)Effective Date.— The amendments made by this section shall [42 USC 1101 note](/us/usc/t42/s1101). become effective on the date of the enactment of this Act. SEC. 9155. INTEREST ON ADVANCES TO THE FEDERAL UNEMPLOYMENT ACCOUNT AND THE EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
(a)Extended Unemployment Compensation Account.— Section 905(d) of the Social Security Act (42 U.S.C. 1105(d)) is amended—
(1)by striking out “Without interest)” and “, without interest,”; and 101 STAT. 1330–327
(2)by adding the following new sentence at the end: “Amounts appropriated as repayable advances for purposes of this subsection shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of such advance, borne by all interest bearing obligations of the United States then forming part of the public debt; except that in cases in which such average rate is not a multiple of one-eighth of 1 percent, the rate of interest shall be the multiple of one-eighth of 1 percent next lower than such average rate.”.
(b)Federal Unemployment Account.— Section 1203 of such Act (42 U.S.C. 1323) is amended—
(1)by striking out “(without interest)” and “, without interest,”; and
(2)by adding the following new sentence at the end: “Amounts appropriated as repayable advances for purposes of this subsection shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of such advance, borne by all interest bearing obligations of the United States then forming part of the public debt; except that in cases in which such average rate is not a multiple of one-eighth of 1 percent, the rate of interest shall be the multiple of one-eighth of 1 percent next lower than such average rate.”.
(c)Conforming Amendment.— Section 903(a)(1) of such Act (42 U.S.C. 1103(a)(1)) is amended by inserting “and interest” after “all advances”.
(d)Effective Date.— The amendments made by this section shall[42 USC 1103 note](/us/usc/t42/s1103). apply to advances made on or after the date of the enactment of this Act. SEC. 9156. CREDITING TO THE FEDERAL UNEMPLOYMENT ACCOUNT OF INTEREST EARNED ON ADVANCES TO THE STATES.
(a)In General.— Section 1202 of the Social Security Act is[42 USC 1322](/us/usc/t42/s1322). amended by adding at the end the following new subsection: " “(c) Interest paid by States in accordance with this section shall be credited to the Federal unemployment account established by section 904(g) in the Unemployment Trust Fund.”. "
(b)Effective Date.— The amendment made by subsection
(a)42 USC 1322 note. shall apply to interest paid on advances made on or after the date of the enactment of this Act. Subtitle C— Manufacturers Excise Tax on Certain Vaccines SEC. 9201. MANUFACTURERS EXCISE TAX ON CERTAIN VACCINES.
(a)In General.— Chapter 32 of the Internal Revenue Code of 1986 (relating to manufacturers excise taxes) is amended by inserting after subchapter B the following new subchapter: " “Subchapter C— Certain Vaccines “Sec. 4131. Imposition of tax. “Sec. 4132. Definitions and special rules. 101 STAT. 1330–328 “SEC. 4131. IMPOSITION OF TAX. [26 USC 4131](/us/usc/t26/s4131). “(a) General Rule.— There is hereby imposed a tax on any taxable vaccine sold by the manufacturer, producer, or importer thereof. “(b) Amount of Tax.— “(1) In General.— The amount of the tax imposed by subsecretion
(a)shall be determined in accordance with the following table: “If the taxable vaccine is: The tax per dose is: DPT vaccine ............................... $4.56 DT vaccine ............................... 0.06 MMR vaccine ............................... 4.44 Polio vaccine ............................... 0.29 “(2) Combinations of vaccines.— If any taxable vaccine is included in more than 1 category of vaccines in the table contained in paragraph (1), the amount of the tax imposed by subsection
(a)on such vaccine shall be the sum of the amounts determined under such table for each category in which such vaccine is so included. “(c) Termination of Tax if Amounts Collected Exceed Projected Fund Liability.— “(1) In general.— If the Secretary estimates under paragraph
(3)that the Vaccine Injury Compensation Trust Fund would not have a negative projected balance were the tax imposed by this section to terminate as of the close of any applicable date, no tax shall be imposed by this section after such date. “(2) Applicable date.— For purposes of paragraph (1), the term ‘applicable date’ means— “(A) the close of any calendar quarter ending on or after December 31, 1992, and “(B) the 1st date on which petitions may not be filed under section 2111 and 2111(a) of the Public Health Service reason of section 2134 of such Act and each date thereafter. “(3) Estimates by secretary.— “(A) In general.— The Secretary shall estimate the projected balance of the Vaccine Injury Compensation Trust Fund as of— “(i) the close of each calendar quarter ending on or after December 31, 1992, and “(ii) such other times as are appropriate in the case of applicable dates described in paragraph (2)(B). “(B) Determination of projected balance.— In determining the projected balance of the Fund as of any date, the Secretary shall assume that— “(i) the tax imposed by this section will not apply a after such date, and “(ii) there shall be paid from such Trust Fund all claims made or to be made against such Trust Fund— “(I) with respect to vaccines administered before October 1, 1992, in the case of an applicable date described in paragraph (2)(A), or “(II) with respect to petitions filed under section 2111 or section 2111(a) of the Public Health Service Act, in the case of an applicable date described in paragraph (2)(B). 101 STAT. 1330–329 “SEC. 4132. DEFINITIONS AND SPECIAL RULES. [26 USC 4132](/us/usc/t26/s4132). “(a) Definitions Relating to Taxable Vaccines.— For purposes of this subchapter— “(1) Taxable vaccine.— The term ‘taxable vaccine’ means any vaccine— “(A) which is listed in the table contained in section 4131(b)(1), and “(B) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. “(2) DPT vaccine.— The term ‘DPT vaccine’ means any vaccine containing pertussis bacteria, extracted or partial cell bacteria, or specific pertussis antigens. “(3) DT vaccine.— The term ‘DT vaccine’ means any vaccine (other than a DPT vaccine) containing diphtheria toxoid or tetanus toxoid. “(4) MMR vaccine.— The term “MMR vaccine” means any vaccine against measles, mumps, or rubella. Not more than 1 tax shall be imposed by section 4131 on any MMR vaccine by reason of being a vaccine against more than 1 of measles, mumps, or rubella. “(5) Polio vaccine.— The term ‘polio vaccine’ means any vaccine containing polio virus. “(6) Vaccine.— The term ‘vaccine’ means any substance designed to be administered to a human being for the prevention of 1 or more diseases. “(7) United states.— The term ‘United States’ has the meaning given such term by section 4612(a)(4). “(8) Importer.— The term ‘importer’ means the person entering the vaccine for consumption, use, or warehousing. “(b) Credit or Refund Where Vaccine Returned to Manufacturer, Etc., or Destroyed.— “(1) In general.— Under regulations prescribed by the Secretary, whenever any vaccine on which tax was imposed by section 4131 is— “(A) returned (other than for resale) to the person who paid such tax, or “(B) destroyed, the Secretary shall abate such tax or allow a credit, or pay a refund (without interest), to such person equal to the tax paid under section 4131 with respect to such vaccine. “(2) Claim must be filed within 6 months.— Paragraph
(1)shall apply to any returned or destroyed vaccine only with respect to claims filed within 6 months after the date the vaccine is returned or destroyed. “(3) Condition of allowance of credit or refund.— No credit or refund shall be allowed or made under paragraph
(1)with respect to any vaccine unless the person who paid the tax establishes that he— “(A) has repaid or agreed to repay the amount of the tax to the ultimate purchaser of the vaccine, or “(B) has obtained the written consent of such purchaser to the allowance of the credit or the making of the refund. “(4) Tax imposed only once.— No tax shall be imposed by section 4131 on the sale of any vaccine if tax was imposed by101 STAT. 1330–330 section 4131 on any prior sale of such vaccine and such tax is not abated, credited, or refunded. “(c) Other Special Rules.— “(1) Fractional part of a dose.— In the case of a fraction of a dose, the tax imposed by section 4131 shall be the same fraction of the amount of such tax imposed by a whole dose. “(2) Disposition of revenues from puerto rico and the virgin islands.— The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4131.” "
(b)Certain Provisions Relating to Tax-Free Sales, Etc. Not To Apply.—
(1)Subsection
(a)of section 4221 of such Code (relating to[26 USC 4221](/us/usc/t26/s4221). certain tax-free sales) is amended by adding at the end thereof the following new sentence: “In the case of the tax imposed by section 4131, paragraphs (3), (4), and
(5)shall not apply and paragraph
(2)shall apply only if the use of the exported vaccine meets such requirements as the Secretary may by regulations prescribe.”
(2)Paragraph
(2)of section 6416(b) of such Code (relating to specified uses or resales) is amended by adding at the end thereof the following new sentence: “In the case of the tax imposed by section 4131, subparagraphs (B), (C), and
(D)shall not apply and subparagraph
(A)shall apply only if the use of the exported vaccine meets such requirements as the Secretary may by regulations prescribe.”
(c)Clerical Amendment.— The table of subchapters for chapter 32 of such Code is amended by inserting after the item relating to subchapter B the following new item: “Subchapter C. Certain vaccines.”
(d)Effective Date.— The amendments made by this section shall[26 USC 4131 note](/us/usc/t26/s4131). take effect on January 1, 1988. SEC. 9202. VACCINE INJURY COMPENSATION TRUST FUND.
(a)In General.— Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end thereof the following new section: " “SEC. 9510. VACCINE INJURY COMPENSATION TRUST FUND. [26 USC 9510](/us/usc/t26/s9510). “(a) Creation of Trust Fund.— There is established in the Treasury of the United States a trust fund to be known as the ‘Vaccine Injury Compensation Trust Fund’, consisting of such amounts as may be credited to such Trust Fund as provided in section 9602(b). “(b) Transfers to Trust Fund.— “(1) In general.— There are hereby appropriated to the Vaccine Injury Compensation Trust Fund amounts equivalent to the net revenues received in the Treasury from the tax imposed by section 4131 (relating to tax on certain vaccines). “(2) Net revenues.— For purposes of paragraph (1), the term ‘net revenues’ means the amount estimated by the Secretary based on the excess of— “(A) the taxes received in the Treasury under section 4131 (relating to tax on certain vaccines), over “(B) the decrease in the tax imposed by chapter 1 resulting from the tax imposed by section 4131. “(c) Expenditures from Trust Fund.— 101 STAT. 1330–331 “(1) In general.— Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for the payment of compensation under subtitle 2 of title XXI of the Public Health Service Act (as in effect on the date of the enactment of this section) for vaccine-related injury or death with respect to vaccines administered after September 30, 1988, and before October 1, 1992. “(2) Transfers for certain repayments.— “(A) In general.— The Secretary shall pay from time to time from the Vaccine Injury Compensation Trust Fund into the general fund of the Treasury amounts equivalent to amounts paid under section 4132(b) and section 6416 with respect to the taxes imposed by section 4131. “(B) Transfers based on estimates.— Transfers under subparagraph
(A)shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. “(d) Liability of United States Limited to Amount in Trust Fund.— “(1) General rule.— Any claim filed against the Vaccine Injury Compensation Trust Fund may be paid only out of such Trust Fund. “(2) Coordination with other provisions.— Nothing in the National Childhood Vaccine Injury Act of 1986 (or in any amendment made by such Act) shall authorize the payment by the United States Government of any amount with respect to any such claim out of any source other than the Vaccine Injury Compensation Trust Fund. “(3) Order in which unpaid claims to be paid.— If at any time the Vaccine Injury Compensation Trust Fund has insufficient funds to pay all of the claims out of such Trust Fund at such time, such claims shall, to the extent permitted under paragraph
(1)be paid in full in the order in which they are finally determined.” "
(b)Clerical Amendment.— The table of sections for such subchapter A is amended by adding at the end thereof the following new item: “Sec. 9510. Vaccine Injury Compensation Trust Fund.”
(c)Effective Date.— The amendments made by this section shall[26 USC 9510 note](/us/usc/t26/s9510). take effect on January 1, 1988. Subtitle D— Pension Provisions **PART I—** **FULL-FUNDING LIMITATIONS** SEC. 9301. FULL-FUNDING LIMITATION FOR DEDUCTIONS TO QUALIFIED PLANS.
(a)General Rule.— Paragraph
(7)of section 412(c) of the Internal Revenue Code of 1986 (defining full-funding limitation) is amended[26 USC 412](/us/usc/t26/s412). to read as follows: " “(7) Full-funding limitation.— “(A) In general.— For purposes of paragraph (6), the term ‘full-funding limitation’ means the excess (if any) of— 101 STAT. 1330–332 “(i) the lesser of
(I)150 percent of current liability, or
(II)the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over “(ii) the lesser of— “(I) the fair market value of the plan’s assets, or “(II) the value of such assets determined under paragraph (2). “(B) Current liability.— For purposes of subparagraphs
(A)and (D), the term ‘current liability’ has the meaning given such term by subsection (1)(7) (without regard to subparagraph
(D)thereof). “(C) Special rule for paragraph (6)(b).— For purposes of paragraph (6)(B), subparagraph (A)(i) shall be applied without regard to subclause
(I)thereof. “(D) Regulatory authority.— The Secretary may by regulations provide— “(i) for adjustments to the percentage contained in subparagraph (A)(i) to take into account the respective ages or lengths of service of the participants, “(ii) alternative methods based on factors other than current liability for the determination of the amount taken into account under subparagraph (A)(i), and “(iii) for the treatment under this section of contributions which would be required to be made under the plan but for the provisions of subparagraph (A)(i)(I).” "
(b)Amendment To ERISA.— Paragraph
(7)of section 302(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(c)(7)) is amended to read as follows: " “(7) Full-funding limitation.— “(A) In general.— For purposes of paragraph (6), the term ‘full-funding limitation’ means the excess (if any) of— “(i) the lesser of
(I)150 percent of current liability, or
(II)t he accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over “(ii) the lesser of— “(I) the fair market value of the plan’s assets, or “(II) the value of such assets determined under paragraph (2). “(B) Current liability.— For purposes of subparagraphs
(A)and (D), the term ‘current liability’ has the meaning given such term by subsection (d)(7) (without regard to subparagraph
(D)thereof). “(C) Special rule for paragraph (6)(b).— For purposes of paragraph (6)(B), subparagraph (A)(i) shall be applied without regard to subclause
(I)thereof. “(D) Regulatory authority.— The Secretary of the Treasury may by regulations provide— “(i) for adjustments to the percentage contained in subparagraph (A)(i) to take into account the respective ages or lengths of service of the participants, 101 STAT. 1330–333 “(ii) alternative methods based on factors other than current liability for the determination of the amount taken into account under subparagraph (A)(i), and “(iii) for the treatment under this section of contributions which would be required to be made under the plan but for the provisions of subparagraph (A)(i)(I).” "
(c)Effective Date.— [26 USC 412 note](/us/usc/t26/s412).
(1)In general.— The amendments made by this section shall apply to years beginning after December 31, 1987.
(2)Regulations.— The Secretary of the Treasury or his delegate shall prescribe such regulations as are necessary to carry out the amendments made by this section no later than August 15, 1988.
(3)Study.— The Secretary of the Treasury or his delegate shall study the effect of the amendments made by this section on benefit security under defined benefit pension plans and shall report the results of such study to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate no later than August 15, 1988. **PART II—** **PENSION FUNDING AND TERMINATION REQUIREMENTS** PensionProtection Act. SEC. 9302. SHORT TITLE; DEFINITIONS.
(a)Short Title.— This part may be cited as the “Pension Protection Act”. [26 USC 1 note](/us/usc/t26/s1).
(b)Definitions.— For purposes of this part—
(1)1986 Code.— The term “1986 Code” means the Internal Revenue Code of 1986.
(2)ERISA.— The term “ERISA” means the Employee Retirement Income Security Act of 1974. **Subpart A—** **Modifications of Minimum Funding Standard** SEC. 9303. ADDITIONAL FUNDING REQUIREMENTS.
(a)Amendments to 1986 Code.—
(1)In general.— Section 412 of the 1986 Code (relating to[26 USC 412](/us/usc/t26/s412). minimum funding standard) is amended by adding at the end thereof the following new subsection: " “(l) Additional Funding Requirements for Plans Which Are Not Multiemployer Plans.— “(1) In general.— In the case of a defined benefit plan (other than a multiemployer plan) which has an unfunded current liability for any plan year, the amount charged to the funding standard account for such plan year shall be increased by the sum of— “(A) the excess (if any) of— “(i) the deficit reduction contribution determined under paragraph
(2)for such plan year, over “(ii) the sum of the charges for such plan year under subparagraphs
(B)(other than clauses
(iv)and
(v)thereof), (C), and
(D)of subsection (b)(2), reduced by the sum of the credits for such plan year under subparagraph (B)(i) of subsection (b)(3), plus 101 STAT. 1330–334 “(B) the unpredictable contingent event amount (if any) for such plan year. Such increase shall not exceed the amount necessary to increase the funded current liability percentage to 100 percent. “(2) Deficit reduction contribution.— For purposes of paragraph (1), the deficit reduction contribution determined under this paragraph for any plan year is the sum of— “(A) the unfunded old liability amount, plus “(B) the unfunded new liability amount. “(3) Unfunded old liability amount.— For purposes of this subsection— “(A) In general.— The unfunded old liability amount with respect to any plan for any plan year is the amount necessary to amortize the unfunded old liability under the plan in equal annual installments over a period of 18 plan years (beginning with the 1st plan year beginning after December 31, 1988). “(B) Unfunded old liability.— The term ‘unfunded old liability’ means the unfunded current liability of the plan as of the beginning of the 1st plan year beginning after December 31, 1987 (determined without regard to any plan amendment increasing liabilities adopted after October 16, 1987). “(C) Special rules for benefit increases under existing collective bargaining agreements.— “(i) In general.— In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and the employer ratified before October 17, 1987, the unfunded old liability amount with respect to such plan for any plan year shall be increased by the amount necessary to amortize the unfunded existing benefit increase liability in equal annual installments over a period of 18 plan years beginning with— “(I) the plan year in which the benefit increase with respect to such liability occurs, or “(II) if the taxpayer elects, the 1st plan year beginning after December 31, 1988. “(ii) Unfunded existing benefit increase liabilities— For purposes of clause (i), the unfunded existing benefit increase liability means, with respect to any benefit increase under the agreements described in clause
(i)which takes effect during or after the 1st plan year beginning after December 31, 1987, the unfunded current liability determined— “(I) by taking into account only liabilities attributable to such benefit increase, and “(II) by reducing the amount determined under paragraph (8)(A)(ii) by the current liability determined without regard to such benefit increase, “(iii) Extensions, modifications, etc. not taken into account.— For purposes of this subparagraph, any extension, amendment, or other modification of an agreement after October 16, 1987, shall not be taken into account. “(4) Unfunded new liability amount.— For purposes of this subsection— 101 STAT. 1330–335 “(A) In general.— The unfunded new liability amount with respect to any plan for any plan year is the applicable percentage of the unfunded new liability. “(B) Unfunded new liability.— The term ‘unfunded new liability’ means the unfunded current liability of the plan for the plan year determined without regard to— “(i) the unamortized portion of the unfunded old liability, and “(ii) the liability with respect to any unpredictable contingent event benefits (without regard to whether the event has occurred). “(C) Applicable percentage.— The term ‘applicable percentage’ means, with respect to any plan year, 30 percent, reduced by the product of— “(i) .25 multiplied by “(ii) the number of percentage points (if any) by which the funded current liability percentage exceeds 35 percent. “(5) Unpredictable contingent event amount.— “(A) In general.— The unpredictable contingent event amount with respect to a plan for any plan year is an amount equal to the greater of— “(i) the applicable percentage of the product of— “(I) 100 percent, reduced (but not below zero) by the funded current liability percentage for the plan year, multiplied by “(II) the amount of unpredictable contingent event benefits paid during the plan year, including (except as provided by the Secretary) any payment for the purchase of an annuity contract for a participant or beneficiary with respect to such benefits, or “(ii) the amount which would be determined for the plan year if the unpredictable contingent event benefit liabilities were amortized in equal annual installments over 7 plan years (beginning with the plan year in which such event occurs). “(B) Applicable percentage.— “In the case of plan years beginning in: The applicable percentage is: 1989 and 1990 ................ 5 1991 ............................... 10 1992 ............................... 15 1993 ............................... 20 1994 ............................... 30 1995 ............................... 40 1996 50 1997 ............................... 60 1998 ............................... 70 1999 ............................... 80 2000 ............................... 90 2001 and thereafter ................ 100. “(C) Paragraph not to apply to existing benefits.— This paragraph shall not apply to unpredictable contingent event benefits (and liabilities attributable thereto) for which the event occurred before October 17, 1987. “(D) Special rule for first year of amortization.— Unless the employer elects otherwise, the amount deter-101 STAT. 1330–336mined under subparagraph
(A)for the plan year in which the event occurs shall be equal to 150 percent of the amount determined under subparagraph (A)(i). The amount under subparagraph (A)(ii) for subsequent plan years in the amortization period shall be adjusted in the manner provided by the Secretary to reflect the application of this subparagraph. “(6) Special rules for small plans.— “(A) Plans with 100 or fewer participants.— This subsection shall not apply to any plan for any plan year if on each day during the preceding plan year such plan had no more than 100 participants. “(B) Plans with more than 100 but not more than 150 participants.— In the case of a plan to which subparagraph
(A)does not apply and which on each day during the preceding plan year had no more than 150 participants, the amount of the increase under paragraph
(1)for such plan year shall be equal to the product of— “(i) such increase determined without regard to this subparagraph, multiplied by “(ii) 2 percent for the highest number of participants in excess of 100 on any such day. “(C) Aggregation of plans.— For purposes of this paragraph, all defined benefit plans maintained by the same employer (or any member of such employer’s controlled group) shall be treated as 1 plan, but only employees of such employer or member shall be taken into account. “(7) Current liability.— For purposes of this subsection— “(A) In general.— The term ‘current liability’ means all liabilities to employees and their beneficiaries under the plan. “(B) Treatment of unpredictable contingent event benefits.— “(i) In general.— For purposes of subparagraph (A), any unpredictable contingent event benefit shall not be taken into account until the event on which the benefit is contingent occurs. “(ii) Unpredictable contingent event benefit.— The term ‘unpredictable contingent event benefit’ means any benefit contingent on an event other than— “(I) age, service, compensation, death, or disability, or “(II) an event which is reasonably and reliably predictable (as determined by the Secretary). “(C) Interest rates used.— The rate of interest used to determine current liability shall be t he rate of interest used under subsection (b)(5). “(D) Certain service disregarded.— “(i) In general.— In the case of a participant to whom this subparagraph applies, only the applicable percentage of the years of service before such individual became a participant shall be taken into account in computing the current liability of the plan. “(ii) Applicable percentage.— For purposes of this subparagraph, the applicable percentage shall be determined as follows: 101 STAT. 1330–337 “If the years of participation are: “The applicable percentage is: 1 ................................... 20 2 ................................... 40 3 ................................... 60 4 ................................... 80 5 or more .......................... 100. “(iii) Participants to whom subparagraph applies.— This subparagraph shall apply to any participant who, at the time of becoming a participant— “(I) has not accrued any other benefit under any defined benefit plan (whether or not terminated) maintained by the employer or a member of the same controlled group of which the employer is a member, and “(II) who first becomes a participant under the plan in a plan year beginning after December 31, 1987. “(8) Other definitions.— For purposes of this subsection— “(A) Unfunded current liability.— The term ‘unfunded current liability’ means, with respect to any plan year, the excess (if any) of— “(i) the current liability under the plan, over “(ii) value of the plan’s assets determined under subsection (c)(2) reduced by any credit balance in the funding standard account. “(B) Funded current liability percentage.— The term ‘funded current liability percentage’ means, with respect to any plan year, the percentage which— “(i) the amount determined under subparagraph (A)(ii), is of “(ii) the current liability under the plan. “(C) Controlled group.— The term ‘controlled group’ means any group treated as a single employer under subsections (b), (c), (m), and
(o)of section 414. “(D) Adjustments to prevent omissions and duplications.— The Secretary shall provide such adjustments in the unfunded old liability amount, the unfunded new liability amount, the unpredictable contingent event amount, the current payment amount, and any other charges or credits under this section as are necessary to avoid duplication or omission of any factors in the determination of such amounts, charges, or credits.” "
(2)Conforming amendment.— Paragraph
(2)of section 412(b) of the 1986 Code is amended by adding at the end thereof the[26 USC 412](/us/usc/t26/s412). following new sentence: 9494Incorrect indention in copy. “For additional requirements in the case of plans other than multiemployer plans, see subsection (1).”
(b)Amendments to ERISA.—
(1)In general.— Section 302 of ERISA (29 U.S.C. 1082) is amended by redesignating subsection
(d)as subsection
(e)and by inserting after subsection
(c)the following new subsection: " “(d) Additional Funding Requirements for Plans Which Are Not Multiemployer Plans.— 101 STAT. 1330–338 “(1) In general.— In the case of a defined benefit plan (other than a multiemployer plan) which has an unfunded current liability for any plan year, the amount charged to the funding standard account for such plan year shall be increased by the sum of— “(A) the excess (if any) of— “(i) the deficit reduction contribution determined under paragraph
(2)for such plan year, over “(ii) the sum of the charges for such plan year under subparagraphs
(B)(other than clauses
(iv)and
(v)thereof), (C), and
(D)of subsection (b)(2), reduced by the sum of the credits for such plan year under subparagraph (B)(i) of subsection (b)(8), plus “(B) the unpredictable contingent event amount (if any) for such plan year. Such increase shall not exceed the amount necessary to increase the funded current liability percentage to 100 percent. “(2) Deficit reduction contribution.— For purposes of paragraph (1), the deficit reduction contribution determined under this paragraph for any plan year is the sum of— “(A) the unfunded old liability amount, plus “(B) the unfunded new liability amount. “(3) Unfunded old liability amount.— For purposes of this subsection— “(A) In general.— The unfunded old liability amount with respect to any plan for any plan year is the amount necessary to amortize the unfunded old liability under the plan in equal annual installments over a period of 18 plan years (beginning with the 1st plan year beginning after December 31, 1988). “(B) Unfunded old liability.— The term ‘unfunded old liability’ means the unfunded current liability of the plan of the beginning of the 1st plan year beginning after December 31, 1987 (determined without regard to any plan amendment increasing liabilities adopted after October 16, 1987). “(C) Special rules for benefit increases under existing collective bargaining agreements.— “(i) In general.— In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and the employer ratified before October 17, 1987, the unfunded old liability amount with respect to such plan for any plan year shall be increased by the amount necessary to amortize the unfunded existing benefit increase liability in equal annual installments over a period of 18 plan years beginning with— “(I) the plan year in which the benefit increase with respect to such liability occurs, or “(II) if the taxpayer elects, the 1st plan year beginning after December 31, 1988. “(ii) Unfunded existing benefit increase liabilities.— For purposes of clause (i), the unfunded existing benefit increase liability means, with respect to any benefit increase under the agreements described in clause
(i)which takes effect during or after the 1st plan101 STAT. 1330–339 year beginning after December 31, 1987, the unfunded current liability determined— “(I) by taking into account only liabilities attributable to such benefit increase, and “(II) by reducing the amount determined under paragraph (8)(A)(ii) by the current liability determined without regard to such benefit increase, “(iii) Extensions, modifications, etc. not taken into account.— For purposes of this subparagraph, any extension, amendment, or other modification of an agreement after October 16, 1987, shall not be taken into account. “(4) Unfunded new liability amount.— For purposes of this subsection— “(A) In general.— The unfunded new liability amount with respect to any plan for any plan year is the applicable percentage of the unfunded new liability. “(B) Unfunded new liability.— The term ‘unfunded new liability’ means the unfunded current liability of the plan for the plan year determined without regard to— “(i) the unamortized portion of the unfunded old liability, and “(ii) the liability with respect to any unpredictable contingent event benefits (without regard to whether the event has occurred). “(C) Applicable percentage.— The term ‘applicable percentage’ means, with respect to any plan year, 30 percent, reduced by the product of— “(i) .25 multiplied by “(ii) the number of percentage points (if any) by which the funded current liability percentage exceeds 35 percent. “(5) Unpredictable contingent event amount.— “(A) In general.— The unpredictable contingent event amount with respect to a plan for any plan year is an amount equal to the greater of— “(i) the applicable percentage of the product of— “(I) 100 percent, reduced (but not below zero) by the funded current liability percentage for the plan year, multiplied by “(II) the amount of unpredictable contingent Contracts. event benefits paid during the plan year, including (except as provided by the Secretary of the Treasury) any payment for the purchase of an annuity contract for a participant or beneficiary with respect to such benefits, or “(ii) the amount which would be determined for the plan year if the unpredictable contingent event benefit liabilities were amortized in equal annual installments over 7 plan years (beginning with the plan year in which such event occurs). “(B) Applicable percentage.— 101 STAT. 1330–340 “In the case of plan years beginning in: The applicable percentage is: 1989 and 1990 ..................... 5 1991 .................................. 10 1992 .................................. 15 1993 .................................. 20 1994 .................................. 30 1995 .................................. 40 1996 .................................. 50 1997 .................................. 60 1998 .................................. 70 1999 .................................. 80 2000 .................................. 90 2001 and thereafter ................... 100. “(C) Paragraph not to apply to existing benefits.— This paragraph shall not apply to unpredictable contingent event benefits (and liabilities attributable thereto) for which the event occurred before October 17, 1987. “(D) Special rule for first year of amortization.— Unless the employer elects otherwise, the amount determined under subparagraph
(A)for the plan year in which the event occurs shall be equal to 150 percent of the amount determined under subparagraph (A)(i). The amount under subparagraph (A)(ii) for subsequent plan years in the amortization period shall be adjusted in the manner provided by the Secretary of the Treasury to reflect the application of this subparagraph. “(6) Special rules for small plans.— “(A) Plans with 100 or fewer participants.— This subsection shall not apply to any plan for any plan year if on each day during the preceding plan year such plan had no more than 100 participants. “(B) Plans with more than 100 but not more than 150 participants.— In the case of a plan to which subparagraph
(A)does not apply and which on each day during the preceding plan year had no more than 150 participants, the amount of the increase under paragraph
(1)for such plan year shall be equal to the product of— “(i) such increase determined without regard to this subparagraph, multiplied by “(ii) 2 percent for the highest number of participants in excess of 100 on any such day. “(C) Aggregation of plans.— For purposes of this paragraph, all defined benefit plans maintained by the same employer (or any member of such employer’s controlled group) shall be treated as 1 plan, but only employees of such employer or member shall be taken into account. “(7) Current liability.— For purposes of this subsection— “(A) In general.— The term ‘current liability’ means all liabilities to participants and their beneficiaries under the plan. “(B) Treatment of unpredictable contingent event benefits.— “(i) In general.— For purposes of subparagraph (A), any unpredictable contingent event benefit shall not be taken into account until the event on which the benefit is contingent occurs. “(ii) Unpredictable contingent event benefit.— 101 STAT. 1330–341 The term ‘unpredictable contingent event benefit’ means any benefit contingent on an event other than— “(I) age, service, compensation, death, or disability, or “(II) an event which is reasonably and reliably predictable (as determined by the Secretary of the Treasury). “(C) Interest rates used.— The rate of interest used to determine current liability shall be the rate of interest used under subsection (b)(5). “(D) Certain service disregarded.— “(i) In general.— In the case of a participant to whom this subparagraph applies, only the applicable percentage of the years of service before such individual became a participant shall be taken into account in computing the current liability of the plan. “(ii) Applicable percentage.— For purposes of this subparagraph, the applicable percentage shall be determined as follows: “If the years of participation are: The applicable percentage is: 1 ................................. 20 2 ................................. 40 3 ................................. 60 4 ................................. 80 5 or more ......................... 100. “(iii) Participants to whom subparagraph applies.— This subparagraph shall apply to any participant who, at the time of becoming a participant— “(I) has not accrued any other benefit under any defined benefit plan (whether or not terminated) maintained by the employer or a member of the same controlled group of which the employer is a member, and “(II) who first becomes a participant under the plan in a plan year beginning after December 31, 1987. “(8) Other definitions.— For purposes of this subsection— “(A) Unfunded current liability.— The term ‘unfunded current liability’ means, with respect to any plan year, the excess (if any) of— “(i) the current liability under the plan, over “(ii) value of the plan’s assets determined under subsection (c)(2) reduced by any credit balance in the funding standard account. “(B) Funded current liability percentage.— The term ‘funded current liability percentage’ means, with respect to any plan year, the percentage which— “(i) the amount determined under subparagraph (A)(ii), is of “(ii) the current liability under the plan. “(C) Controlled group.— The term ‘controlled group’ means any group treated as a single employer under subsections 94a94aCopy read “subsection”. (b), (c), (m), and
(o)of section 414 of the Internal Revenue Code of 1986. “(D) Adjustments to prevent omissions and duplications.— The Secretary of the Treasury shall provide such adjustments in the unfunded old liability amount, the un-101 STAT. 1330–342funded new liability amount, the unpredictable contingent event amount, the current payment amount, and any other charges or credits under this section as are necessary to avoid duplication or omission of any factors in the determination of such amounts, charges, or credits.” "
(c)Revision of valuation regulations.— Effective with respect[26 USC 412 note](/us/usc/t26/s412). to plan years beginning after December 31, 1987, the provisions of the regulations prescribed under section 412(c)(2) of the 1986 Code which permit asset valuations to be based on a range between 85 percent and 115 percent of average value shall have no force and effect with respect to plans other than multiemployer plans (as defined in section 414(f) of the 1986 Code). The Secretary of the Treasury or his delegate shall amend such regulations to carry out the purposes of the preceding sentence.
(d)Valuation of Bonds.—
(1)Amendment to 1986 code.— Subparagraph
(B)of sectionRegulations.[26 USC 412](/us/usc/t26/s412). 412(c)(2) of the 1986 Code is amended by adding at the end thereof the following new sentence: “In the case of a plan other than a multiemployer plan, this subparagraph shall not apply, but the Secretary may by regulations provide that the value of any dedicated bond portfolio of such plan shall be determined by using the interest rate under subsection (b)(5).”
(2)Amendment to ERISA.— Subparagraph
(B)of sectionRegulations.[29 USC 1082](/us/usc/t29/s10852). 302(c)(2) of ERISA is amended by adding at the end thereof the following new sentence: “In the case of a plan other than a multiemployer plan, this subparagraph shall not apply, but the Secretary of the Treasury may by regulations provide that the value of any dedicated bond portfolio of such plan shall be determined by using the interest rate under subsection (b)(5).”
(e)Effective Date.— [26 USC 412 note](/us/usc/t26/s412).
(1)In general.— Except as provided in this subsection, the amendments made by this section shall apply with respect to plan years beginning after December 31, 1988.
(2)Subsections
(c)and (d).— The amendments made by subsections
(c)and
(d)shall apply with respect to years beginning after December 31, 1987.
(3)Special rule for steel companies.—
(A)In general.— For any plan year beginning before January 1, 1994, any increase in the funding standard account under section 412(1) of the 1986 Code or section 302(d) of ERISA (as added by this section) with respect to any steel employee plan shall not exceed the sum of—
(i)the required percentage of the current liability under such plan, plus
(ii)the amount determined under subparagraph (C)(i) for such plan year.
(B)Required percentage.— For purposes of subparagraph (A), the term “required percentage” means, with respect to any plan year, the excess (if any) of—
(i)the sum of—
(I)the funded current liability percentage as of the beginning of the 1st plan year beginning after December 31, 1988 (determined without regard to any plan amendment adopted after June 30, 1987), plus
(II)1 percentage point for the plan year for which the determination under this paragraph is being made and for each prior plan year beginning after December 31, 1988, over 101 STAT. 1330–343
(ii)the funded current liability percentage as of the beginning of the plan year for which such determination is being made.
(C)Special rules for contingent events.— In the case of any unpredictable contingent event benefit with respect to which the event on which such benefits are contingent occurs after December 17, 1987—
(i)Amortization amount.— For purposes of subparagraph (A)(ii), the amount determined under this clause for any plan year is the amount which would be determined if the unpredictable contingent event benefit liability were amortized in equal annual installments over 10 plan years beginning with the plan year in which such event occurs).
(ii)Benefit and contributions not taken into account.— For purposes of subparagraph (B), in determining the funded current liability percentage for any plan year, there shall not be taken into account—
(I)the unpredictable contingent event benefit liability, or
(II)any amount contributed to the plan which is attributable to clause (i).
(D)Steel employee plan.— For purposes of this paragraph, the term “steel employee plan” means any plan if—
(i)such plan is maintained by a steel company, and
(ii)substantially all of the employees covered by such plan are employees of such company.
(E)Other definitions.— For purposes of this paragraph—
(i)Steel company.— The term “steel company” means any corporation described in section 80603) of the Steel Import Stabilization Act.
(ii)Other definitions.— The terms “current liability”, “funded current liability percentage”, and “unpredictable contingent event benefit” have the meanings given such terms by section 412(1) of the 1986 Code (as added by this section).
(F)9595Copy read “(E)”. Special rule.— The provisions of this paragraph shall apply in the case of a company which was originally incorporated on April 25, 1927, in Michigan and reincorporated on June 3, 1968, in Delaware in the same manner sis if such company were a steel company. SEC. 9304. TIME FOR MAKING CONTRIBUTIONS.
(a)Period During Which Contributions May Be Made After Close of Year.—
(1)Amendment to 1986 Code.— Paragraph
(10)of section 412(c) of the 1986 Code (relating to time when certain contributions[26 USC 412](/us/usc/t26/s412). deemed made) is amended to read as follows: " “(10) Time when certain contributions deemed made.— For purposes of this section— “(A) Plans other than multiemployer plans.— In the case of a plan other than a multiemployer plan, any contributions for a plan year made by an employer during the period— 101 STAT. 1330–344 “(i) beginning on the day after the last day of such plan year, and “(ii) ending on the day which is 8½ months after the close of the plan year, shall be deemed to have been made on such last day. “(B) Multiemployer plans.— In the case of a multiemployer plan, any contributions for a plan year made by an employer after the last day of such plan year, but not later than two and one-half months after such day, shall be deemed to have been made on such last day. For purposes of this subparagraph, such two and one-half month period may be extended for not more than six months under regulations prescribed by the Secretary.” "
(2)Amendment to erisa.— Paragraph
(10)of section 302(c) of ERISA (relating to time when certain contributions deemed made) (29 U.S.C. 1082(c)(10)) 9696Copy read “1082(c)(10)”. is amended to read as follows: " “(10) For purposes of this section— “(A) In the case of a plan other than a multiemployer plan, any contributions for a plan year made by an employer during the period— “(i) beginning on the day after the last day of such plan year, and “(ii) ending on the date which is 8V2 months after the close of the plan year, shall be deemed to have been made on such last day. “(B) In the case of a multiemployer plan, any contributions for a plan year made by an employer after the last day of such plan year, but not later than two and one-half months after such day, shall be deemed to have been made on such last day. For purposes of this subparagraph, such two and one-half Regulations. month period may be extended for not more than six months under regulations prescribed by the Secretary of the Treasury.” "
(3)Effective date.— The amendments made by this subsection[26 USC 412 note](/us/usc/t26/s412). shall apply to plan years beginning after December 31, 1987.
(b)Quarterly estimated payments required.—
(1)Amendment to 1986 code.— Section 412 of the 1986 Code (relating to minimum funding standard) is amended by adding[26 USC 412](/us/usc/t26/s412). at the end thereof the following new subsection: " “(m) Quarterly contributions required.— “(1) In general.— If a plan (other than a multiemployer plan) fails to pay the full amount of a required installment for any plan year, then the rate of interest charged to the funding standard account under subsection (b)(5) with respect to the amount of the underpayment for the period of the underpayment shall be equal to the greater of— “A 175 percent of the Federal mid-term rate (as in effect under section 1274 for the 1st month of such plan year), or “(B) the rate under subsection (b)(5). “(2) Amount of underpayment, period of underpayment.— For purposes of paragraph (1)— “(A) Amount.— The amount of the underpayment shall be the excess of— “(i) the required installment, over 101 STAT. 1330–345 “(ii) the amount (if any) of the installment contributed to or under the plan on or before the due date for the installment. “(B) Period of underpayment.— The period for which interest is charged under this subsection with regard to any portion of the underpayment shall run from the due date for the installment to the date on which such portion is contributed to or under the plan (determined without regard to subsection (c)(10)). “(C) Order of crediting contributions.— For purposes of subparagraph (A)(ii), contributions shall be credited against unpaid required installments in the order in which such installments are required to be paid. “(3) Number of required installments; due dates.— For purposes of this subsection— “(A) Payable in 4 installments.— There shall be 4 required installments for each plan year. “(B) Time for payment of installments.— “In the case of the following required installments: The due date is: 1st .......................... April 15 2nd .......................... July 15 3rd .......................... October 15 4th .......................... January 15 of the following year. “(4) Amount of required installment.— For purposes of this subsection— “(A) In general.— The amount of any required installment shall be the applicable percentage of the required annual payment. “(B) Required annual payment.— For purposes of subparagraph (A), the term ‘required annual payment’ means the lesser of— “(i) 90 percent of the amount required to be contributed to or under the plan by the employer for the plan year under section 412 (without regard to any waiver under subsection
(c)thereof), or “(ii) 100 percent of the amount so required for the preceding plan year. Clause
(ii)shall not apply if the preceding plan year was not a year of 12 months. “(C) Applicable percentage.— For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: “For plan years beginning in: The applicable percentage is: 1989 6.25 1990 12.5 1991 18.75 1992 and thereafter 25. “(D) Special rules for unpredictable contingent event benefits.— In the case of a plan with any unpredictable contingent event benefit liabilities— “(i) such liabilities shall not be taken into account in computing the required annual payment under subparagraph (B), and 101 STAT. 1330–346 “(ii) each required installment shall be increased by the greater of— “(I) the amount of benefits described in subsection (1)(5)(A)(i) paid during the 3-month period preceding the month in which the due date for such installment occurs, or “(II) 25 percent of the amount determined under subsection (1)(5)(A)(ii) for the plan year. “(5) Fiscal years and short years.— “(A) Fiscal years.— In applying this subsection to a plan year beginning on any date other than January 1, there shall be substituted for the months specified in this subsection, the months which correspond thereto. “(B) Short plan year.— This subsection shall be applied to plan years of less than 12 months in accordance with regulations prescribed by the Secretary.” "
(2)Amendment to erisa.— Section 302 of ERISA (29 U.S.C. 1082) is amended by redesignating subsection
(e)as subsection
(f)and by inserting after subsection
(d)the following new subsection: " “(e) Quarterly Contributions Required.— “(1) In general.— If a plan (other than a multiemployer plan) fails to pay the full amount of a required installment for any plan year, then the rate of interest charged to the funding standard account under subsection (b)(5) with respect to the amount of the underpayment for the period of the underpayment shall be equal to the greater of— “(A) 175 percent of the Federal mid-term rate (as in effect under section 1274 of the Internal Revenue Code of 1986 for the 1st month of such plan year), or “(B) the rate under subsection (b)(5). “(2) Amount of underpayment, period of underpayment.— For purposes of paragraph (1)— “(A) Amount.— The amount of the underpa3rment shall be the excess of— “(i) the required instalment, over “(ii) the amount (if any) of the installment contributed to or under the plan on or before the due date for the installment. “(B) Period of underpayment.— The period for which any interest is charged under this subsection with respect to any portion of the underpayment shall run from the due date for the installment to the date on which such portion is contributed to or under the plan (determined without regard to subsection (c)(10)). “(C) Order of crediting contributions.— For purposes of subparagraph (A)(ii), contributions shall be credited against unpaid required installments in the order in which such installments are required to be paid. “(3) Number of required installments; due dates.— For purposes of this subsection— “(A) Payable in 4 installments.— There shall be 4 required installments for each plan year. “(B) Time for payment of installments.— 101 STAT. 1330–347 “In the case of the following required installments: The due date is: 1st .................................... April 15 2nd .................................... July 15 3rd .................................... October 15 4th .................................... January 15 of the following year. “(4) Amount of required installment.— For purposes of this subsection— “(A) In general.— The amount of any required installment shall be the applicable percentage of the required annual payment. “(B) Required annual payment.— For purposes of subparagraph (A), the term ‘required annual payment’ means the lesser of— “(i) 90 percent of the amount required to be contributed to or under the plan by the employer for the plan year under section 412 of the Internal Revenue Code of 1986 (without regard to any waiver under subsection
(c)thereof), or “(ii) 100 percent of the amount so required for the preceding plan year. Clause
(ii)shall not apply if the preceding plan year was not a year of 12 months. “(C) Applicable percentage.— For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: “For plan years beginning in: The applicable percentage is: 1989 6.25 1990 12.5 1991 18.75 1992 and thereafter 25 “(D) Special rules for unpredictable contingent event benefits.— In the case of a plan with any unpredictable contingent event benefit liabilities— “(i) such liabilities shall not be taken into account in computing the required annual payment under subparagraph (B), and “(ii) each required installment shall be increased by the greater of— “(I) the amount of benefits described in subsection (d)(5)(A)(i) paid during the 3-month period preceding the month in which the due date for such installment occurs, or “(II) 25 percent of the amount determined under subsection (d)(5)(A)(ii) for the plan year. “(5) Fiscal years and short years.— “(A) Fiscal years.— In applying this subsection to a plan year beginning on any date other than January 1, there shall be substituted for the months specified in this subsection, the months which correspond thereto. “(B) Short plan year.— This section shall be applied toRegulations. plan years of less than 12 months in accordance with regulations prescribed by the Secretary of the Treasury.” "
(3)Effective date.— The amendments made by this subsection[26 USC 412 note](/us/usc/t26/s412). shall apply with respect to plan years beginning after 1988.
(c)Increase in Excise Tax From 5 Percent to 10 Percent.— 101 STAT. 1330–348
(1)In general.— Section 4971(a) of the 1986 Code (relating to[26 USC 4971](/us/usc/t26/s4971). initial tax on failure to meet minimum funding standards) is amended by striking out “5 percent” and inserting in lieu thereof “10 percent (5 percent in the case of a multiemployer plan)”.
(2)Effective date.— The amendments made by this subsection[26 USC 4971 note](/us/usc/t26/s4971). shall apply to plan years beginning after 1988.
(d)Requirement of Notice.— Section 101 of ERISA (relating to duty of disclosure and reporting) (29 U.S.C. 1021) is amended by redesignating subsection
(d)as subsection
(e)and by inserting after subsection
(c)the following new subsection: " “(d) Notice of Failure to Meet Minimum Funding Standards.— “(1) In general.— If an employer of a plan other than a multiemployer plan fails to make a required installment or other payment required to meet the minimum funding standard under section 302 to a plan before the 60th day following the due date for such installment or other payment, the employer shall notify each participant and beneficiary (including an alternate payee as defined in section 206(d)(3)(K)) of such plan of such failure. Such notice shall be made at such time and in such manner as the Secretary may prescribe. “(2) Subsection not to apply if waiver pending.— This subsection shall not apply to any failure if the employer has filed a waiver request under section 303 with respect to the plan year to which the required installment relates, except that if the waiver request is denied, notice under paragraph
(1)shall be provided within 60 days after the date of such denial. “(3) Definitions.— For purposes of this subsection, the terms ‘required installment’ and ‘due date’ have the same meanings given such terms by section 302(e).” "
(e)Imposition of Lien Where Failure to Make Required Contributions.—
(1)Amendment to 1986 code.— Section 412 of the 1986 Code (as amended by this subtitle) is amended by adding at the end thereof the following new subsection: " “(n) Imposition of Lien Where Failure to Make Required Contributions.— “(1) In general.— In the case of a plan to which this section applies, if— “(A) any person fails to make a required installment under subsection
(m)or any other payment required under this section before the due date for such installment or other payment, and “(B) the unpaid balance of such installment or other payment (including interest), when added to the aggregate unpaid balance of all preceding such installments or other payments for which payment was not made before the due date (including interest), exceeds $1,000,000, then there shall be a lien in favor of the plan in the amount determined under paragraph
(3)upon all property and rights to property, whether real or personal, belonging to such person and any other person who is a member of the same controlled group of which such person is a member. “(2) Plans to which subsection applies.— This subsection shall apply to a defined benefit plan (other than a multiemployer plan) for any plan year for which the funded current liability percentage (within the meaning of subsection (1)(8)(B)) of such plan is less than 100 percent. 101 STAT. 1330–349 “(3) Amount of lien.— For purposes of paragraph (1), the amount of the lien shall be equal to the lesser of— “(A) the amount by which the unpaid balances described in paragraph (1)(B) (including interest) exceed $1,000,000, or “(B) the aggregate unpaid balance of required installments and other payments required under this section (including interest)— “(i) for plan years beginning after 1987, and “(ii) for which payment has not been made before the due date. “(4) Notice of failure; lien.— “(A) Notice of failure.— A person committing a failure described in paragraph
(1)shall notify the Pension Benefit Guaranty Corporation of such failure within 10 days of the due date for the required installment or other payment. “(B) Period of lien.— The lien imposed by paragraph
(1)shall arise on the 60th day following the due date for the required installment or other payment and shall continue until the last day of the first plan year in which the plan ceases to be described in paragraph (1)(B). Such lien shall continue to run without regard to whether such plan continues to be described in paragraph
(2)during the period referred to in the preceding sentence. “(C) Certain rules to apply.— Any amount with respect to which a lien is imposed under paragraph
(1)shall be treated as taxes due and owing the United States and rules similar to the rules of subsections (c), (d), and
(e)of section 4068 of the Employee Retirement Income Security Act of 1974 shall apply with respect to a lien imposed by subsection
(a)and the amount with respect to such lien. “(5) Enforcement.— Any lien created under paragraph
(1)may be perfected and enforced only by the Pension Benefit Guaranty Corporation, or at the direction of the Pension Benefit Guaranty Corporation, by the contributing sponsor (or any member of the controlled group of the contributing sponsor). “(6) Definitions.— For purposes of this subsection— “(A) Due date; required installment.— The terms ‘due date’ and ‘required installment’ have the meanings given such terms by subsection (m), except that in the case of a payment other than a required installment, the due date shall be the date such payment is required to be made under this section. 9797Copy read “section.” ”. “(B) Controlled group.— The term ‘controlled group’ means any group treated as a single employer under subsections (b), (c), (m), and
(o)of section 414.” "
(2)Amendment to erisa.— Section 302 of ERISA (as amended by this subtitle) (29 U.S.C. 1082) is amended by redesignating subsection
(f)as subsection
(g)and by adding after subsection
(e)the following new subsection: " “(f) Imposition of Lien Where Failure to Make Required Contributions.— “(1) In general.— In the case of a plan to which this section applies, if— 101 STAT. 1330–350 “(A) any person fails to make a required installment under subsection
(e)or any other payment required under this section before the due date for such installment or other payment, and “(B) the unpaid balance of such installment or other payment (including interest), when added to the aggregate unpaid balance of all preceding such installments or other payments for which payment was not made before the due date (including interest), exceeds $1,000,000, then there shall be a lien in favor of the plan in the amount determined under paragraph
(3)upon all property and rights to property, whether real or personal, belonging to such person and any other person who is a member of the same controlled group of which such person is a member. “(2) Plans to which subsection applies.— This subsection shall apply to a defined benefit plan (other than a multiemployer plan) for any plan year for which the funded current liability percentage (within the meaning of subsection (d)(8)(B)) of such plan is less than 100 percent. “(3) Amount of lien.— For purposes of paragraph (1), the amount of the lien shall be equal to the lesser of— “(A) the amount by which the unpaid balances described in paragraph (1)(B) (including interest) exceed $1,000,000, or “(B) the aggregate unpaid balance of required installments and other payments required under this section (including interest)— “(i) for plan years beginning after 1987, and “(ii) for which payment has not been made before the due date. “(4) Notice of failure; lien.— “(A) Notice of failure.— A person committing a failure described in paragraph
(1)shall notify the Pension Benefit Guaranty Corporation of such failure within 10 days of the due date for the required installment or other payment. “(B) Period of lien.— The lien imposed by paragraph
(1)shall arise on the 60th day following the due date for the required installment or other payment and shall continue until the last day of the first plan year in which the plan ceases to be described in paragraph (1)(B). Such lien shall continue to run without regard to whether such plan continues to be described in paragraph
(2)during the period referred to in the preceding sentence. “(C) Certain rules to apply.— Any amount with respect to which a lien is imposed under paragraph
(1)shall be treated as taxes due and owing the United States and rules similar to the rules of subsections (c), (d), and
(e)of section 4068 shall apply with respect to a lien imposed by subsection
(a)and the amount with respect to such lien. “(5) Enforcement.— Any lien created under paragraph
(1)may be perfected and enforced only by the Pension Benefit Guaranty Corporation, or at the direction of the Pension Benefit Guaranty Corporation, by the contributing sponsor (or any member of the controlled group of the contributing sponsor). “(6) Definitions.— For purposes of this subsection— “(A) Due date; required installment.— The terms ‘due date’ and ‘required installment’ have the meanings given such terms by subsection (e), except that in the case of a101 STAT. 1330–351 payment other than a required installment, the due date shall be the date such payment is required to be made under this section.” “(B) Controlled group.— The term ‘controlled group’ means any group treated as a single employer under subsections (b), (c), (m), and
(o)of section 414 of the Internal Revenue Code of 1986.” "
(3)Effective date.— The amendments made by this subsection[26 USC 412 note.](/us/usc/t26/s412) shall apply to plan years beginning after December 31, 1987. SEC. 9305. LIABILITY OF MEMBERS OF CONTROLLED GROUP FOR TAXES ON FAILURE TO MEET MINIMUM FUNDING STANDARDS AND TO MAKE MINIMUM FUNDING CONTRIBUTIONS.
(a)Excise Tax.—
(1)In general.— Section 4971 of the 1986 Code (relating to[26 USC 4971](/us/usc/t26/s4971). taxes on failure to meet minimum funding standards) is amended by redesignating subsection
(e)as subsection
(f)and by inserting after subsection
(d)the following new subsection: " “(e) Liability for Tax.— “(1) In general.— Except as provided in paragraph (2), the tax imposed by subsection
(a)or
(b)shall be paid by the employer responsible for contributing to or under the plan the amount described in section 412(b)(3)(A). “(2) Joint and several liability where employer member of controlled group.— “(A) In general.— In the case of a plan other than a multiemployer plan, if the employer referred to in paragraph
(1)is a member of a controlled group, each member of such group shall be jointly and severally liable for the tax imposed by subsection
(a)or (b). “(B) Controlled group.— For purposes of subparagraph (A), the term ‘controlled group’ means any group treated as a single employer under subsection (b), (c), (m), or
(o)of section 414.” "
(2)Technical amendments.—
(A)Subsection
(a)of section 4971 of the 1986 Code is amended by striking out the last sentence.
(B)Subsection
(b)of section 4971 of the 1986 Code is amended by striking out the last sentence.
(b)Minimum Funding Contributions.—
(1)Amendment to 1986 code.— Section 412(c) of the 1986 Code is amended by adding at the end thereof the following new paragraph: " “(11) Liability for contributions.— “(A) In general.— Except as provided in subparagraph (B), the amount of any contribution required by this section and any required installments under subsection
(m)shall be paid by the employer responsible for contributing to or under the plan the amount described in subsection (b)(3)(A). “(B) Joint and several liability where employer member of controlled group.— “(i) In general.— In the case of a plan other than a multiemployer plan, if the employer referred to in subparagraph
(A)is a member of a controlled group, each member of such group shall be jointly and sever101 STAT. 1330–352ally liable for payment of such contribution or required installment. “(ii) Controlled group.— For purposes of clause (i), the term ‘controlled group’ means any group treated as a single employer under subsection (b), (c), (m), or
(o)of section 414.” "
(2)Amendment to erisa.— Section 302(c) of ERISA (29 U.S.C. 1082(c)) is amended by adding at the end thereof the following new paragraph: " “(11) Liability for contributions.— “(A) In general.— Except as provided in subparagraph (B), the amount of any contribution required by this section and any required installments under subsection
(e)shall be paid by the employer responsible for contributing to or under the plan the amount described in subsection (b)(3)(A). “(B) Joint and several liability where employer member of controlled group.— “(i) In general.— In the case of a plan other than a multiemployer plan, if the employer referred to in subparagraph
(A)is a member of a controlled group, each member of such group shall be jointly and severally liable for payment of such contribution or required installment, “(ii) Controlled group.— For purposes of clause (i), term ‘controlled group’ means any group treated as a single employer under subsection (b), (c), (m), or
(o)of section 414 of the Internal Revenue Code of 1986.”9898Indention on paragraphs “ ‘(11)”, “ ‘(A)”, “ ‘(B)”, “ ‘(i)”, and “ ‘(ii)”, incorrect. "
(c)Conforming Amendment.— Section 4140)) of the 1986 Code is[26 USC 414.](/us/usc/t26/s414). amended by striking out “the minimum funding standard of section 412, the tax imposed by section 4971, and”.
(d)Effective Date.— The amendments made by this section shall[26 USC 412 note](/us/usc/t26/s412). apply with respect to plan years beginning after December 31, 1987. SEC. 9306. FUNDING WAIVERS.
(a)Requirements for Waivers.—
(1)Amendments to 1986 code.—
(A)Application must be submitted before date 2½ months after close of year.— Subsection
(d)of section 412 of the 1986 Code (relating to variance from minimum funding standard) is amended by adding at the end thereof the following new paragraph: " “(4) Application must be submitted before date 2½ months after close of year.— In the case of a plan other than a multiemployer plan, no waiver may be granted under this subsection with respect to any plan for any plan year unless an application therefor is submitted to the Secretary not later than the 15th day of the 3rd month beginning after the close of such plan year.” "
(B)Waiver allowed only for temporary hardship.— Subsection
(d)of section 412 of the 1986 Code is amended—
(i)by striking out “substantial business hardship” in paragraphs
(1)and
(2)and inserting in lieu thereof “temporary substantial business hardship (substantial business hardship in the case of a multiemployer plan)”, and 101 STAT. 1330–353
(ii)by striking out “substantial— in the headings of paragraphs
(1)and (2).
(C)Hardship must also exist at controlled group level.— Subsection
(d)of section 412 of the 1986 Code is[26 USC 412](/us/usc/t26/s412). amended by adding at the end thereof the following new paragraph: " “(5) Special rule if employer is member of controlled group.— “(A) In general.— In the case of a plan other than a multiemployer plan, if an employer is a member of a controlled group, the temporary substantial business hardship requirements of paragraph
(1)shall be treated as met only if such requirements are met— “(i) with respect to such employer, and “(ii) with respect to the controlled group of which such employer is a member (determined by treating all members of such group as a single employer). The Secretary may provide that an analysis of a trade or business or industry of a member need not be conducted if the Secretary determines such analysis is not necessary because the taking into account of such member would not significantly affect the determination under this subsection. “(B) Controlled group.— For purposes of subparagraph (A), the term ‘controlled group’ means any group treated as a single employer under subsection (b), (c), (m), or
(o)of section 414.” "
(2)Amendments to erisa.—
(A)Application must be submitted before date 2½ months after close of year.— Section 303 of ERISA (relating to variance from minimum funding standard) (29 U.S.C. 1083) is amended by redesignating subsection
(d)as subsection
(f)and by inserting after subsection
(c)the following new subsection: " “(d) Special Rules.— “(1) Application must be submitted before date 2½ months after close of year.— In the case of a plan other than a multiemployer plan, no waiver may be granted under this section with respect to any plan for any plan year unless an application therefor is submitted to t h e Secretary of t h e Treasury not later than the 15th day of the 3rd month beginning after the close of such plan year.” "
(B)Waiver allowed only for temporary hardship.— Section 303 of ERISA (29 U.S.C. 1083) is amended by striking out “substantial business hardship” in subsections
(a)and
(b)and inserting in lieu thereof “temporary substantial business hardship (substantial business hardship in the case of a multiemployer plan)”.
(C)Hardship must also exist at controlled group level.— Subsection
(d)of section 303 of ERISA (as amended by subparagraph (A)) (29 U.S.C. 1083) is amended by adding at the end thereof the following new paragraph: “(2) Special rule if employer is member of controlled group.— " “(A) In general.— In the case of a plan other than a multiemployer plan, if an employer is a member of a controlled group, the temporary substantial business hard-101 STAT. 1330–354ship requirements of subsection
(a)shall be treated as met only if such requirements are met— “(i) with respect to such employer, and “(ii) with respect to the controlled group of which such employer is a member (determined by treating all members of such group as a single employer). The Secretary of the Treasury may provide that an analysis of a trade or business or industry of a member need not be conducted if the Secretary of the Treasury determines such analysis is not necessary because the taking into account of such member would not significantly affect the determination under this subsection. “(B) Controlled group.— For purposes of subparagraph (A), the term ‘controlled group’ means any group treated as a single employer under subsection (b), (c), (m), or
(o)of section 414 of the Internal Revenue Code of 1986.” "
(b)Frequency of Waivers.—
(1)Amendments to 1986 code.— The second sentence of section[26 USC 412](/us/usc/t26/s412). 412(d)(1) of the 1986 Code is amended by striking out “more than 5 of any 15” and inserting in lieu thereof “more than 3 of any 15 (5 of any 15 in the case of a multiemployer plan)”.
(2)Amendments to erisa.— The second sentence of section 303(a) of ERISA (29 U.S.C. 1083(a)) is amended by striking out “more than 5 of any 15” and inserting in lieu thereof “more than 3 of any 15 (5 of any 15 in the case of a multiemployer plan)”.
(c)Interest on Repayment of Waived Contributions.—
(1)Amendments to 1986 code.—
(A)Paragraph
(1)of section 412(d) of the 1986 Code is amended by striking out the last sentence and inserting in lieu thereof the following new sentence: “The interest rate used for purposes of computing the amortization charge described in subsection (b)(2)(C) for any plan year shall be— " “(A) in the case of a plan other than a multiemployer plan, the greater of
(i)150 percent of the Federal midterm rate (as in effect under section 1274 for the 1st month of such plan year), or
(ii)the rate of interest used under the plan in determining costs, and “(B) in the case of a multiemployer plan, the rate determined under section 6621(b).” "
(B)Subsection
(e)of section 412 of the 1986 Code is amended by striking out the last sentence and inserting in lieu thereof the following new sentence: "In the case of a plan other than a multiemployer plan, the interest rate applicable for any plan year under any arrangement entered into by the Secretary in connection with an extension granted under this subsection shall be the greater of
(A)150 percent of the Federal mid-term rate (as in effect under section 1274 for the 1st month of such plan year), or
(B)the rate of interest used under the plan in determining costs. In the case of a multiemployer plan, such rate shall be the rate determined under section 6621(b).”
(2)Amendments to erisa.—
(A)Subsection
(a)of section 303 of ERISA (29 U.S.C. 1083(a)) is amended by striking out the last sentence and inserting in lieu thereof the following new sentence: “The interest rate used for purposes of computing the amortiza-101 STAT. 1330–355tion charge described in subsection (b)(2)(C) for any plan year shall be— " “(A) in the case of a plan other than a multiemployer plan, the greater of
(i)150 percent of the Federal midterm rate (as in effect under section 1274 of the Internal Revenue Code of 1986 for the 1st month of such plan year), or
(ii)the rate of interest used under the plan in determining costs, and “(B) in the case of a multiemployer plan, the rate determined under section 6621(b).” "
(B)Subsection
(a)of section 304 of ERISA (29 U.S.C. 1084(a)) is amended by striking out the last sentence and inserting in lieu thereof the following new sentence: “In the case of a plan other than a multiemployer plan, the interest rate applicable for any plan year under any arrangement entered into by the Secretary in connection with an extension granted under this subsection shall be the greater of
(A)150 percent of the Federal mid-term rate (as in effect under section 1274 of the Internal Revenue Code of 1986 for the 1st month of such plan year), or
(B)the rate of interest used under the plan in determining costs. In the case of a multiemployer plan, such rate shall be the rate determined under section 6621(b) of such Code.”
(d)Notice to Participants of Application for Funding Waivers.—
(1)Amendment to 1986 code.— Section 412 (f)(4)(A) of the 1986 Code (relating to advance notice) is amended by striking out[26 USC 412](/us/usc/t26/s412). “plan.” and inserting in lieu thereof “plan, and each participant, beneficiary, and alternate payee (within the meaning of section 414(p)(8)). Such notice shall include a description of the extent to which the plan is funded for benefits which are guaranteed under title IV of such Act and the benefit liabilities.”.
(2)Amendment to erisa.— Section 303(e)(1) of ERISA (relating to advance notice) (29 U.S.C. 1083(e)(1)) is amended by striking out “plan.” and inserting in lieu thereof “plan, and each affected party (as defined in section 4001(a)(21)) other than the Pension Benefit Guaranty Corporation. Such notice shall include a description of the extent to which the plan is funded for benefits which are guaranteed under title IV and the benefit liabilities.”.
(e)Decrease in Amount of Deficiencies Required Before Security Required.—
(1)Amendment to 1986 code.— Subparagraph
(C)of section 412 (0(3) is amended by striking out “$2,000,000” and inserting in lieu thereof “$1,000,000”.
(2)Amendment to erisa.— Section 306(c)(1) of ERISA (29 U.S.C. 1085a(c)(1)) is amended by striking out “$2,000,000” and inserting in lieu thereof “$1,000,000”.
(f)Effective Dates.— [26 USC 412 note](/us/usc/t26/s412).
(1)In general.— Except as provided in this subsection, the amendments made by this section shall apply in the case of—
(A)any application submitted after December 17, 1987, and
(B)any waiver granted pursuant to such an application.
(2)Special rule for application requirement.— 101 STAT. 1330–356
(A)In general.— The amendments made by subsections (a)(1)(A) and (a)(2)(A) shall apply to plan years beginning after December 31, 1987.
(B)Transitional rule for years beginning in 1988.— In the case of any plan year beginning during calendar 1988, section 412(d)(4) of the 1986 Code and section 303(d)(1) of ERISA (as added by subsection (a)(1)) shall be applied by substituting “6th month” for “3rd month”.
(3)Frequency of waivers.— In applying the second sentence of section 412(d) of the 1986 Code and section 303(a) of ERISA to plans other than multiemployer plans, the number of waivers which may be granted pursuant to applications submitted after December 17, 1987, shall be determined without regard to waivers granted with respect to plan years beginning before January 1, 1988.
(4)Subsection (d).— The amendments made by subsection
(d)shall apply to applications submitted more than 90 days after the date of the enactment of this Act. SEC. 9307. OTHER FUNDING CHANGES.
(a)Amortization Periods.—
(1)Amendments to 1986 code.—
(A)Paragraphs (2)(B)(iv), (2)(C), and (3)(B)(ii) of section 412(b) of the 1986 Code are each amended by striking out [26 USC 412](/us/usc/t26/s412). “15 plan years” and inserting in lieu thereof “5 plan years (15 plan years in the case of a multiemployer plan)”.
(B)Paragraphs (2)(B)(v) and (3)(B)(iii) of section 412(b) of the 1986 Code are each amended by striking out “30 plan years” and inserting in lieu thereof “10 plan years (30 plan years in the case of a multiemployer plan)”.
(2)Amendments to erisa.—
(A)Paragraphs (2)(B)(iv), (2)(C), and (3)(B)(ii) of section 302(b) of ERISA (29 U.S.C. 1082(b)) are each amended by striking out “15 plan years” and inserting in lieu thereof “5 plan years (15 plan years in the case of a multiemployer plan)”.
(B)Paragraphs (2)(B)(v) and (3)(B)(iii) of section 3020)) of ERISA (29 U.S.C. 1082(b)) are each amended by striking out “30 plan years” and inserting in lieu thereof’ 10 plan years (30 plan years in the case of a multiemployer plan)”.
(b)Actuarial Assumptions Must Be Reasonable.—
(1)Amendment to 1986 code.— Paragraph
(3)of section 412(c) of the 1986 Code is amended to read as follows: " “(3) Actuarial assumptions must be reasonable.— For purposes of this section, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods— “(A) in the case of— “(i) a plan other than a multiemployer plan, each of which is reasonable (taking into account the experience of the plan and reasonable expectations) or which, in the aggregate, result in a total contribution equivalent to that which would be determined if each such assumption and method were reasonable, or “(ii) a multiemployer plan, which, in the aggregate, are reasonable (taking into account the experiences of the plan and reasonable expectations), and 101 STAT. 1330–357 “(B) which, in combination, offer the actuary’s best estimate of anticipated experience under the plan.” "
(2)Amendment to erisa.— Paragraph
(3)of section 302(c) of ERISA (29 U.S.C. 1082(c)(3)) is amended to read as follows: " “(3) For purposes of this section, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods— " " “(A) in the case of— “(i) a plan other than a multiemployer plan, each of which is reasonable (taking into account the experience of the plan and reasonable expectations) or which, in the aggregate, result in a total contribution equivalent to that which would be determined if each such assumption and method were reasonable, or “(ii) a multiemployer plan, which, in the aggregate, are reasonable (taking into account the experiences of the plan and reasonable expectations), and “(B) which, in combination, offer the actuary’s best estimate of anticipated experience under the plan.” "
(c)Limitation on Deduction for Contributions to Certain Plans Not Less Than Unfunded Current Liability.— Paragraph
(1)of section 404(a) of the 1986 Code is amended by redesignating[26 USC 404](/us/usc/t26/s404). subparagraph
(D)as subparagraph
(E)and by inserting after subparagraph
(C)the following new subparagraph: " “(D) Special rule in case of certain plans.— In the case of any defined benefit plan (other than a multiemployer plan) which has more than 100 participants for the plan year, except as provided in regulations, the maximum amount deductible under the limitations of this paragraph shall not be less than the unfunded current liability determined under section 412(1) (without regard to any reduction by the credit balance in the funding standard account). For purposes of this subparagraph, all defined benefit plans maintained by the same employer (or any member of such employer’s controlled group (within the meaning of section 412(l)(8)(c))) shall be treated as 1 plan, but only employees of such member or employer shall be taken into account.” "
(d)Limitation on Amortization of Past Service Credits.— Clause
(iii)of section 404(a)(1)(A) of the 1986 Code (relating to pension trusts) is amended by striking out “to amortize such credits” and inserting in lieu thereof “to amortize the unfunded costs attributable to such credits”.
(e)Limitation on Interest Rate.—
(1)Amendment to 1986 code.— Paragraph
(5)of section 412(b)) of the 1986 Code (relating to interest) is amended to read as follows: " “(5) Interest.— “(A) In general.— The funding standard account (andRegulations. items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs. “(B) Required change of interest rate.— For purposes of determining a plan’s current liability and for purposes of determining a plan’s required contribution under section 412(1) for any plan year— 101 STAT. 1330–358 “(i) In general.— If any rate of interest used under the plan to determine cost is not within the permissible range, the plan shall establish a new rate of interest within the permissible range. “(ii) Permissible range.— For purposes of this subparagraph— “(I) In general.— Except as provided in subclause (II), the term ‘permissible range’ means a rate of interest which is not more than 10 percent above, and not more than 10 percent below, the weighted average of the rates of interest on 30-year Treasury securities during the 4-year period ending on the last day before the beginning of the plan year. “(II) Secretarial authority.— If the Secretary finds that the lowest rate of interest permissible under subclause
(I)is unreasonably high, the Secretary may prescribe a lower rate of interest, except that such rate may not be less than 80 percent of the average rate determined under subclause (I). “(iii) Assumptions.— Notwithstanding subsection (c)(3)(A)(i), for purposes of this section and for purposes of determining current liability, the interest rate used under the plan shall be— “(I) determined without taking into account the experience of the plan and reasonable expectations, but “(II) consistent with the assumptions which reflect the purchase rates which would be used by insurance companies to satisfy the liabilities under the plan.”. "
(2)Amendment to erisa.— Paragraph
(5)of section 302(b) of ERISA (relating to interest) (29 U.S.C. 1082(b)(5)) is amended to read as follows: " “(5) Interest.— For purposes of determining a plan’s current liability and for purposes of determining a plan’s required contribution under section 412(1) for any plan year— “(A) In general.— The funding standard account (and itemsRegulations. therein) shall be charged or credited (as determined under regulations prescribed by the Secretary of the Treasury) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs. “(B) Required change of interest rate.— “(i) In general.— If any rate of interest used under the plan to determine cost is not within the permissible range, the plan shall establish a new rate of interest within the permissible range. “(ii) Permissible range.— For purposes of this subparagraph— “(I) In general.— Except as provided in subclause (II), the term ‘permissible range’ means a rate of interest which is not more than 10 percent above, and not more than 10 percent below, the average rate of interest on 30-year Treasury securities during the 4-year period ending on the last day before the beginning of the plan year. 101 STAT. 1330–359 “(II) Secretarial authority.— If the Secretary finds that the lowest rate of interest permissible under subclause
(I)is unreasonably high, the Secretary may prescribe a lower rate of interest, except that such rate may not be less than 80 percent of the average rate determined under subclause (I). “(iii) Assumptions.— Notwithstanding subsection (c)(3)(A)(i), for purposes of this section and for purposes of determining current liability, the interest rate used under the plan shall be— “(I) determined without taking into account the experience of the plan and reasonable expectations, but “(II) consistent with the assumptions which reflect the purchase rates which would be used by insurance companies to satisfy the liabilities under the plan.”. "
(f)Effective Date.— The amendments made by this section shall[26 USC 404 note](/us/usc/t26/s404). apply to years beginning after December 31, 1987. **Subpart B—** **Plan Terminations** SEC. 9311. LIMITATIONS ON EMPLOYER REVERSIONS UPON PLAN TERMINATION.
(a)Restrictions On Reversions Pursuant To Recently Amended Plans.—
(1)In general.— Section 4044(d) of ERISA (29 U.S.C. 1344(d)) is amended—
(A)by redesignating paragraph
(2)as paragraph (3); and
(B)by inserting after paragraph
(1)the following new paragraph: " “(2)
(A)In determining the extent to which a plan provides for the distribution of plan assets to the employer for purposes of paragraph (1)(C), any such provision, and any amendment increasing the amount which may be distributed to the employer, shall not be treated as effective before the end of the fifth calendar year following the date of the adoption of such provision or amendment. “(B) A distribution to the employer from a plan shall not be treated as failing to satisfy the requirements of this paragraph if the plan has been in effect for fewer than 5 years and the plan has provided for such a distribution since the effective date of the plan. “(C) Except as otherwise provided in regulations of the Secretary Regulations. of the Treasury, in any case in which a transaction described in section 208 occurs, subparagraph
(A)shall continue to apply separately with respect to the amount of any assets transferred in such transaction. “(D) For purposes of this subsection, the term ‘employer’ includes any member of the controlled group of which the employer is a member. For purposes of the preceding sentence, the term ‘controlled group’ means any group treated as a single employer under subsection (b), (c),
(m)or
(o)of section 414 of the Internal Revenue Code of 1986.” "
(2)Transitional rule.— The amendments made by paragraph[29 USC 1344 note](/us/usc/t29/s1344).
(1)shall apply, in the case of plans which, as of note. December 17, 1987, have no provision relating to the distribution of plan assets to the employer for purposes of section 4044(d)(1)(C) of the Employee Retirement Income Security Act of 1974, only with respect to plan amendments providing for the101 STAT. 1330–360 distribution of plan assets to the employer which are adopted after 1 year after the effective date of such amendments made by paragraph (1). Such amendment shall not apply to any provision of the plan adopted on or before December 17, 1987, which provides for the distribution of plan assets to the employer.
(b)Distribution of Assets Attributable to Employee Contributions.— Section 4044(d) of ERISA (29 U.S.C. 1344(d)) is amended—
(1)in paragraph (1), by striking “Any” and inserting “Subject to paragraph (3), any”; and
(2)by striking paragraph
(3)(as redesignated by subsection (c)(1)) and inserting the following new paragraph: " “(3)
(A)Before any distribution from a plan pursuant to paragraph (1), if any assets of the plan attributable to employee contributions remain after satisfaction of all liabilities described in subsection (a), such remaining assets shall be equitably distributed to the participants who made such contributions or their beneficiaries (including alternate payees, within the meaning of section 206(d)(3)(K)). “(B) For purposes of subparagraph (A), the portion of the remaining assets which are attributable to employee contributions shall be an amount equal to the product derived by multiplying— “(i) the market value of the total remaining assets, by “(ii) a fraction— “(I) the numerator of which is the present value of all portions of the accrued benefits with respect to participants which are derived from participants’ mandatory contributions (referred to in subsection (a)(2)), and “(II) the denominator of which is the present value of all benefits with respect to which assets are allocated under paragraphs
(2)through
(6)of subsection (a). “(C) For purposes of this paragraph, each person who is, as of the termination date— “(i) a participant under the plan, or “(ii) an individual who has received, during the 3-year period ending with the termination date, a distribution from the plan of such individual’s entire nonforfeitable benefit in the form of a single sum distribution in accordance with section 203(e) or in the form of irrevocable commitments purchased by the plan from an insurer to provide such nonforfeitable benefit, shall be treated as a participant with respect to the termination, if all or part of the nonforfeitable benefit with respect to such person is or was attributable to participants’ mandatory contributions (referred to in subsection (a)(2)).” "
(c)Technical Amendment.— Section 4044(b)(4) of ERISA (29 U.S.C. 1344(b)(4)) is amended by striking “section 401(a), 403(a), or 405(a)” and inserting “section 401(a) or 403(a)”.
(d)Effective Date.— The amendments made by this section shall[29 USC 1344 note](/us/usc/t29/s1344). apply with respect to—
(1)plan terminations under section 4041(c) of ERISA with respect to which notices of intent to terminate are provided under section 4041(aX2) of ERISA after December 17, 1987, and
(2)plan terminations with respect to which proceedings are instituted by the Pension Benefit Guaranty Corporation under section 4042 of ERISA after December 17, 1987. 101 STAT. 1330–361 SEC. 9312. ELIMINATION OF SECTION 4049 TRUST: INCREASE IN LIABILITY TO PENSION BENEFIT GUARANTY CORPORATION AND IN PAYMENTS BY CORPORATION TO PARTICIPANTS AND BENEFICIARIES.
(a)Repeal.— Section 4049 of ERISA (29 U.S.C. 1349) is repealed.
(b)Conforming Amendments.—
(1)Elimination of employer liability to section 4049 trust.—
(A)Repeal.— Subsection
(c)of section 4062 of ERISA (29 U.S.C. 1362(c)) is repealed.
(B)Conforming amendments.— Section 4062 of ERISA is further amended by redesignating subsections (d), (e), and
(f)as subsections (c), (d), and (e), respectively.
(2)Increase in employer liability to the corporation.—
(A)In general.— Subparagraph
(A)of section 4062(b)(1) of ERISA (29 U.S.C. 1362(b)(1)(A)) is amended to read as follows: " “(A) In general.— Except as provided in subparagraph Regulations. (B), the liability to the corporation of a person described in subsection
(a)shall be the total amount of the unfunded benefit liabilities (as of the termination date) to all participants and beneficiaries under the plan, together with interest (at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation.” "
(B)Lien limited to 30 percent of net worth.—
(i)Subsection
(a)of section 4068 of ERISA (29 U.S.C. 1368(a)) is amended by striking out “to the extent of an amount equal to the unpaid amount described in section 4062(b)(l)(A)(i)” each place it appears and inserting in lieu thereof “to the extent such amount does not exceed 30 percent of the collective net worth of all persons described in section 4062(a)”.
(ii)Title IV of ERISA (29 U.S.C. 4001 et seq.) is amended by transferring subsection
(e)of section 4062 of ERISA (29 U.S.C. 1362(e)) to the end of section 4068 of ERISA (29 U.S.C. 1368) and by redesignating such subsection as subsection (f).
(C)Treatment of multiple controlled groups.—
(i)In general.— So much of section 4064(b) of ERISA (29 U.S.C. 13640t))) as precedes the second sentence is amended to read as follows: “(b) The corporation shall determine the liability with respect to each contributing sponsor and each member of its controlled group in a manner consistent with section 4062, except that the amount of liability determined under section 4062(b)(1) with respect to the entire plan shall be allocated to each controlled group by multiplying such amount by a fraction— “(1) the numerator of which is the amount required to be contributed to the plan for the last 5 plan years ending prior to the termination date by persons in such controlled group as contributing sponsors, and “(2) the denominator of which is the total amount required to be contributed to the plan for such last 5 plan years by all persons as contributing sponsors, 101 STAT. 1330–362 and clauses (i)(II) and
(ii)of section 4062(b)(1)(A) shall be applied separately with respect to each controlled group.”
(ii)Conforming amendments.— Section 4068(a) of ERISA (29 U.S.C. 1368(a)) is amended by adding at the end thereof the following new sentence: “The preceding provision of this subsection shall be applied in a manner consistent with the provisions of section 4064(d) relating to treatment of multiple controlled groups.”
(3)Payment by corporation to participants and beneficiaries of recovery percentage of outstanding amount of benefit liabilities—
(A)In general.— Section 4022 of ERISA (29 U.S.C. 1322) is amended—
(i)by redesignating subsections
(c)and
(d)as subsections
(d)and (e); and
(ii)by inserting after subsection 0)) the following new subsection: " “(c)
(1)In addition to benefits paid under the preceding provisions of this section with respect to a terminated plan, the corporation shall pay the portion of the amount determined under paragraph
(2)which is allocated with respect to each participant under section 4044(a), to such participant or (in the case of a deceased participant) to such participant’s beneficiaries (including alternate payees, within the meaning of section 206(d)(3)(K)). “(2) The amount determined under this paragraph is an amount equal to the product derived by multiplying— “(A) the outstanding amount of benefit liabilities under the plan (including interest calculated from the termination date), by “(B) the applicable recovery ratio. “(3)
(A)Except as provided in subparagraph (C), for purposes of this subsection, the term ‘recovery ratio’ means the average ratio, with respect to prior plan terminations described in subparagraph (B), of— “(i) the value of the recovery of the corporation under section 4062, 4063, or 4064 in connection with such prior terminations, to “(ii) the amount of unfunded benefit liabilities under such plans as of the termination date in connection with such prior terminations. “(B) A plan termination described in this subparagraph is a termination with respect to which— “(i) the corporation has determined the value of recoveries under section 4062, 4063, or 4064, and “(ii) notices of intent to terminate were provided after December 17, 1987. “(C) In the case of a terminated plan with respect to which the outstanding amount of benefit liabilities exceeds $20,000,000, for purposes of this section, the term ‘recovery ratio’ means, with respect to the termination of such plan, the ratio of— “(i) the value of the recoveries of the corporation under section 4062, 4063, or 4064 in connection with such plan, to “(ii) the amount of unfunded benefit liabilities under such plan as of the termination date. 101 STAT. 1330–363 “(4) Determinations under this subsection shall be made by the corporation. Such determinations shall be binding unless shown by clear and convincing evidence to be unreasonable.” "
(B)Transitional rule.— [29 USC 1322 note](/us/usc/t29/s1322).
(i)In general.— In the case of any plan termination to which the amendments made by this section apply and with respect to which notices of intent to terminate were provided on or before December 17, 1990—
(I)subparagraph
(A)of section 4022(c)(1) of ERISA (as amended by this paragraph) shall not apply, and
(II)subparagraph
(B)of section 4022(c)(1) of ERISA (as so amended) shall apply irrespective of the outstanding amount of benefit liabilities under the plan,
(ii)Limitation.— Clause
(i)shall not apply in the case of any plan termination referred to in clause
(i)with respect to which the recovery ratio is not finally determined under section 4022(c)(1)(B) of ERISA (as so amended) as of December 17, 1990.
(4)Benefit liabilities.— Paragraph
(16)of section 4001(a) of ERISA (29 U.S.C. 1301(aX16)) is amended to read as follows: " “(16) ‘benefit liabilities’ means the benefits of employees and their beneficiaries under the plan (within the meaning of section 401(a)(2) of the Internal Revenue Code of 1986);”. "
(5)Outstanding amount of benefit liabilities.— Paragraph
(19)of section 4001(a) of ERISA (29 U.S.C. 1301(a)(19)) is amended to read as follows: " “(19) ‘outstanding amount of benefit liabilities’ means, with respect to any plan, the excess (if any) of— “(A) the value of the benefit liabilities under the plan (determined as of the termination date on the basis of assumptions prescribed by the corporation for purposes of section 4044), over “(B) the value of the benefit liabilities which would be so determined by only taking into account benefits which are guaranteed under section 4022 or to which assets of the plan are allocated under section 4044;”. "
(c)Additional Conforming Amendments.—
(1)Section 4041(c)(3)(B)(ii) of ERISA (29 U.S.C. 1341(c)(3)(B)(ii)) is amended—
(A)by striking subclause (II);
(B)by striking “plan, and” at the end of subclause
(I)and inserting “plan.”; and
(C)by striking “available to it—” and all that follows through “the plan administrator” and inserting “available to it, the plan administrator”.
(2)Section 4041(c)(3)(B)(iii) of ERISA (29 U.S.C. 1341(c)(3)(B)(iii)) is amended—
(A)by striking subclause (II);
(B)by striking “section 4042, and” at the end of subclause
(I)and inserting “section 4042.”; and
(C)by striking “available to it—” and all that follows through “the corporation” in subclause
(I)and inserting “available to it, the corporation”.
(3)Subsection
(i)of section 4042 of ERISA (29 U.S.C. 1342(i)) is repealed. 101 STAT. 1330–364
(4)Section 4005(g) of ERISA (29 U.S.C. 1305(g)) is amended by striking out “or fiduciaries with respect to trusts to which the requirements of section 4049 apply”,
(d)Effective Date.—
(1)In general.— The amendments made by this section shall[29 USC 1301 note](/us/usc/t29/s1301). apply with respect to—
(A)plan terminations under section 4041(c) of ERISA with respect to which notices of intent to terminate are provided under section 4041(a)(2) of ERISA after December 17, 1987, and
(B)plan terminations with respect to which proceedings are instituted by the Pension Benefit Guaranty Corporation under section 4042 of ERISA after December 17, 1987.
(2)Section 4049 administrative expenses under prior terminations.— Regulations.[29 USC 1349](/us/usc/t29/s1349). Section 4049(a) of ERISA (as effective under paragraph (1)), is amended by adding at the end thereof the following new sentence: "Reasonable administrative expenses incurred in carrying out the responsibilities under this section prior to the receipt of any liability payments under section 4062(c) shall be paid by the persons described in section 4062(a) in accordance with procedures which shall be prescribed by the corporation by regulation, and the amount of the liability determined under section 4062(c) shall be reduced by the amount of such expenses so paid.” SEC. 9313. STANDARDS FOR TERMINATION.
(a)Standard Termination Procedures Available Only When Assets Sufficient to Meet Benefit Liabilities.—
(1)In general.— Subparagraph
(D)of section 4041(b)(1) of ERISA (29 U.S.C. 1341(b)(1)(D)) is amended to read as follows: " “(D) when the final distribution of assets occurs, the plan is sufficient for benefit liabilities (determined as of the termination date).” "
(2)Technical amendments.—
(A)Paragraphs (2)(A), (2)(C), (2)(D), and
(3)of section 4041(b) of ERISA (29 U.S.C. 1341(b)(2)(A), (2)(C), (2)(D), (3)) are each amended by striking out “benefit commitments” each place it appears and inserting in lieu thereof “benefit liabilities”.
(B)Subparagraph
(B)of section 4041(b)(2) of ERISA (29 U.S.C. 134ia))(2)(B)) is amended—
(i)by striking out “the amount of such person’s benefit commitments (if any)” and inserting in lieu thereof “the amount of the benefit liabilities (if any) attributable to such person”; and
(ii)by striking out “such benefit commitments” and inserting in lieu thereof “such benefit liabilities”.
(i)Subparagraph
(A)of section 4041(b)(3) of ERISA (29 U.S.C. 1341(b)(3)(A)) is amended by striking out clauses
(i)and
(ii)and inserting in lieu thereof the following: " “(i) purchase irrevocable commitments from an insurer to provide all benefit liabilities under the plan, or “(ii) in accordance with the provisions of the plan and any applicable regulations, otherwise fully provide all benefit liabilities under the plan.” "
(ii)Subparagraph
(B)of section 4041(b)(3) of ERISA (29 U.S.C. 1341(b)(3)) is amended by striking out “so as to pay”101 STAT. 1330–365 and all that follows and inserting in lieu thereof “so as to pay all benefit liabilities under the plan”.
(D)Paragraphs
(2)and
(3)of section 4041(c) of ERISA (29 U.S.C. 1341(c) (2), (3)) are each amended by striking out “benefit commitments” each place it appears (including in any heading) and inserting in lieu thereof “benefit liabilities”.
(E)Paragraph
(1)of section 4041(d) of ERISA (29 U.S.C. 1341(d)) is amended—
(i)by striking out “no amount of unfunded benefit commitments” and inserting in lieu thereof “no amount of unfunded benefit liabilities”, and
(ii)by striking out “BENEFIT COMMITMENTS” in the paragraph heading and inserting in lieu thereof “benefit liabilities”.
(F)Paragraph
(18)of section 4001(a) of ERISA (29 U.S.C. 1301(a)(18)) is amended to read as follows: " “(18) ‘amount of unfunded benefit liabilities’ means, as of any date, the excess (if any) of— “(A) the value of the benefit liabilities under the plan (determined as of such date on the basis of assumptions prescribed by the corporation for purposes of section 4044), over “(B) the current value (as of such date) of the assets of the plan;”. "
(b)Criteria for Distress Termination.—
(1)Applicability to all members of controlled group.— Section 4041(c)(2) of ERISA (29 U.S.C. 1341(c)(2)) is amended—
(A)in subparagraph (B), by striking “a substantial member” in the matter preceding clause
(i)and inserting “a member”; and
(B)by striking subparagraph
(C)and by redesignating subparagraph
(D)as subparagraph (C).
(2)Requirement of additional findings to qualify for distress termination based on reorganization in bankruptcy.— Section 4041(c)(2)(B)(ii)(III) of ERISA (29 U.S.C. 1341(c)(2)(B)(ii)(III)) is amended by striking “approves the termination” and inserting “determines that, unless the plan is terminated, such person will be unable to pay all its debts pursuant to a plan of reorganization and will be unable to continue in business outside the chapter 11 reorganization process and approves the termination”.
(3)Clarification of date as of which employer must be in a bankruptcy proceeding to qualify for distress termination.— Clauses
(i)and
(ii)of section 4041(c)(2)(B) of ERISA (29 U.S.C. 1341(c)(2)(B)
(i)and (ii)) are each amended by inserting “proposed” before “termination date”.
(4)Treatment under distress tests of cases converted to liquidation.— Section 4041(c)(2)(B)(i)(I) of ERISA (29 U.S.C. 1341(c)(2)(B)(i)(I)) is amended by inserting before the comma at the end the following: “(or a case described in clause
(ii)filed by or against such person has been converted, as of such date, to a case in which liquidation is sought)”.
(5)Notice to corporation under reorganization distress test.— Section 4041(c)(2)(B)(ii) of ERISA (29 U.S.C 1341(c)(2)(B)(ii)) is amended—
(A)in subclause (II), by striking “and” at the end; 101 STAT. 1330–366
(B)by redesignating subclause
(III)as subclause (IV);
(C)by inserting after subclause
(II)the following new subclause: " “(III) such person timely submits to the corporation any request for the approval of the bankruptcy court (or other appropriate court in a case under such similar law of a State or political subdivision) of the plan termination, and”; " and
(D)in subclause
(IV)(as redesignated), by striking “(or other” and all that follows through subdivision) and inserting “(or such other appropriate court)”.
(6)Arrangements for payment of liability by controlled groups.— Section 4067 of ERISA (29 U.S.C. 1367) is amended by striking “controlled groups who are” and inserting “controlled groups who are or may become”.
(c)Effective Date.— The amendments made by this section shall [29 USC 1301 note](/us/usc/t29/s1301). apply with respect to plan terminations under section 4041 of ERISA with respect to which notices of intent to terminate are provided under section 4041(a)(2) of ERISA after December 17, 1987. SEC. 9314. ADDITIONAL AMENDMENTS RELATING TO PLAN TERMINATION.
(a)Certain Information Not Required From Certain Insurance Contract Plans.—
(1)Standard termination.— Section 4041(b)(2)(A) of ERISA (29 U.S.C. 1341(b)(2)(A)) is amended—
(A)by striking clause
(iii)and inserting the following: “(iii) certification by the plan administrator that— “(I) the information on which the enrolled actuary based the certification under clause
(i)is accurate and complete, and “(II) the information provided to the corporation under clause
(ii)is accurate and complete.”; and
(B)by adding at the end thereof the following: “Clause
(i)and clause (iii)(I) shall not apply to a plan described in section 412(i) of the Internal Revenue Code of 1986.”.
(2)Distress termination.— Section 4041(c)(2)(A) of ERISA (29 U.S.C. 1341(c)(2)(A)) is amended—
(A)by striking clause
(iv)and inserting the following: “(iv) certification by the plan administrator that— “(I) the information on which the enrolled actuary based the certifications under clause
(ii)is accurate and complete, and “(II) the information provided to the corporation under clauses
(i)and
(iii)is accurate and complete.”; and
(B)by adding at the end the following: “Clause
(ii)and clause (iv)(I) shall not apply to a plan described in section 412(i) of the Internal Revenue Code of 1986.”.
(b)Clarification of Existing Authority to Pool Assets of Terminated Plans.— Section 4042 of ERISA (29 U.S.C. 1342(a)) is amended by striking the third sentence and inserting the following: “Notwithstanding any other provision of this title, the corporation is authorized to pool assets of terminated plans for purposes of administration, investment, payment of liabilities of all such terminated plans, and such other purposes as it determines to be appropriate in the administration of this title.”. 101 STAT. 1330–367
(b)Submission of Plan Data in Involuntary Termination.— Section 4042(c) of ERISA (29 U.S.C. 1342(c)) is amended by adding at the end the following new paragraph: " “(3) In the case of a proceeding initiated under this section, the plan administrator shall provide the corporation, upon the request of the corporation, the information described in clauses (ii), (iii), and
(iv)of section 4041(c)(2)(A).”. "
(c)Civil Penalties for Failure to Timely Provide Required Information Relating to Single-Employer Plans.—
(1)In general.— Subtitle D of ERISA (29 U.S.C. 1361 et seq.) is amended by adding at the end the following new section: " “penalty for failure to timely provide required information “Sec. 4071. The corporation may assess a penalty, payable to the[29 USC 1371](/us/usc/t29/s1371). corporation, against any person who fails to provide any notice or other material information required under this subtitle or subtitle A, B, or C, or any regulations prescribed under any such subtitle, within the applicable time limit specified therein. Such penalty shall not exceed $1,000 for each day for which such failure continues.”.
(2)Clerical amendments.— The table of contents in section 1 of ERISA (29 U.S.C. 1001 note) is amended by adding after the item relating to section 4070 the following new item: “Sec. 4071. Penalty for failure to timely provide required information.”. " **Subpart C—** **Increase in Premium Rates** SEC. 9331. INCREASE IN PREMIUM RATES.
(a)General rule.— Clause
(i)of section 4006(a)(3)(A) of ERISA (29 U.S.C. 1306(a)(3)(A)) is amended by striking out “for plan years beginning after December 31, 1985, an amount equal to $8.50” and inserting in lieu thereof “for plan years beginning after December 31, 1987, an amount equal to the sum of $16 plus the additional premium (if any) determined under subparagraph (E)”.
(b)Determination Of Additional Premium.— Paragraph
(3)of section 4006(a) of ERISA (29 U.S.C. 1306(a)(3)) is amended by adding at the end thereof the following new subparagraph: " “(E)
(i)The additional premium determined under this subparagraph with respect to any plan for any plan year shall be an amount equal to the amount determined under clause
(ii)divided by the number of participants in such plan as of the close of the preceding plan year. “(ii) The amount determined under this clause for any plan year shall be an amount equal to $6.00 for each $1,000 (or fraction thereof) of unfunded vested benefits under the plan as of the close of the preceding plan year. “(iii) For purposes of clause (ii)— “(I) Except as provided in subclause (II), the term ‘unfunded vested benefits’ means the amount which would be the unfunded current liability (within the meaning of section 302(d)(8)(A)) if only vested benefits were taken into account. “(II) The interest rate used in valuing vested benefits for purposes of subclause
(I)shall be equal to 80 percent of the annual yield on 30-year Treasury securities for the month preceding the month in which the plan year begins. 101 STAT. 1330–368 “(iv)
(I)Except as provided in this clause, the aggregate increase in the premium payable with respect to any participant by reason of this subparagraph shall not exceed $34. “(II) If an employer made contributions to a plan during 1 or more of the 5 plan years preceding the 1st plan year to which this subparagraph applies in an amount not less than the maximum amount allowable as a deduction with respect to such contributions under section 404 of such Code, the dollar amount in effect under subclause
(I)for the 1st 5 plan years to which this subparagraph applies shall be reduced by $3 for each plan year for which such contributions were made in such amount. "
(c)Liability for Premium.—
(1)In general.— Section 4007 of ERISA (29 U.S.C. 1307) is amended by striking out “plan administrator” each place it appears and inserting in lieu thereof “designated payor”.
(2)Designated payor.— Section 4007 of ERISA (29 U.S.C. 1307) is amended by adding at the end thereof the following new subsection: " “(e)
(1)For purposes of this section, the term ‘designated payor’ means— “(A) the contributing sponsor or plan administrator in the case of a single-employer plan, and “(B) the plan administrator in the case of a multiemployer plan. “(2) If the contributing sponsor of any single-employer plan is a member of a controlled group, each member of such group shall be jointly and severally liable for any premiums required to be paid by such contributing sponsor. For purposes of the preceding sentence, the term 'controlled group' means any group treated as a single employer under subsection (b), (c), (m), or
(o)of section 414 of the Internal Revenue Code of 1986.” "
(d)Deposit of Premiums Into Separate Revolving Fund.— Section 4005 of ERISA (relating to establishment of Pension Benefit Guaranty funds) (29 U.S.C. 1305) is amended by redesignating subsections
(f)and
(g)as subsections
(g)and
(h)and by inserting after subsection
(e)the following new subsection: " “(f)
(1)A seventh fund shall be established and credited with— “(A) premiums, penalties, and interest charges collected under section 4006(a)(3)(A)(i) (not described in subparagraph (B)) to the extent attributable to the amount of the premium in excess of $8.50, “(B) premiums, penalties, and interest charges collected under section 4006(a)(3)(E), and “(C) earnings on investments of the fund or on assets credited to the fund. “(2) Amounts in the fund shall be available for transfer to other funds established under this section with respect to a single-employer plan but shall not be available to pay— “(A) administrative costs of the corporation, or “(B) benefits under any plan which was terminated before October 1, 1988, unless no other amounts are available for such payment. “(3) The corporation may invest amounts of the fund in such obligations as the corporation considers appropriate.” "
(e)Conforming Amendments.— Section 4006(c)(1)(A) of ERISA (29 U.S.C. 1306(c)(1)(A)) is amended by striking out “and” at the end of clause (i), by inserting “and before January 1, 1986,” after “after101 STAT. 1330–369 December 31, 1977,”, and by adding at the end thereof the following new clause: " “(iii) with respect to each plan year beginning after December 31, 1985, and before January 1, 1988, an amount equal to $8.50 for each individual who was a participant in such plan during the plan year, and”. "
(f)Effective Date.— [29 USC 1305 note](/us/usc/t29/s1305).
(1)In general.— The amendments made by this section shall apply to plan years beginning after December 31, 1987.
(2)Separate accounting.— The amendments made by subsection
(d)shall apply to fiscal years beginning after September 30, 1988. **Subpart D—** **Miscellaneous Provisions** SEC. 9341. SECURITY REQUIRED UPON ADOPTION OF PLAN AMENDMENT RESULTING IN SIGNIFICANT UNDERFUNDING.
(a)Amendments to 1986 code.—9999Copy read “Code—”. Subsection
(a)of section 401 of the 1986 Code (relating to requirements for qualification) is[26 USC 401](/us/usc/t26/s401). amended by inserting after paragraph
(28)the following new paragraph: 100100Copy read “paragraph:—”. “(29) Security required upon adoption of plan amendment resulting in significant underfunding.— “(A) In general.—If— “(i) a defined benefit plan (other than a multiemployer plan) adopts an amendment an effect of which is to increase current liability under the plan for a plan year, and “(ii) the funded current liability percentage of the plan for the plan year in which the amendment takes effect is less than 60 percent, including the amount of the unfunded current liability under the plan attributable to the plan amendment, the trust of which such plan is a part shall not constitute a qualified trust under this subsection unless such amendment does not take effect until the contributing sponsor (or any member of the controlled group of the contributing sponsor) provides security to the plan. “(B) Form of security.— The security required under subparagraph
(A)shall consist of— “(i) a bond issued by a corporate surety company that is an acceptable surety for purposes of section 412 of the Employee Retirement Income Security Act of 1974, “(ii) cash, or United States obligations which mature in 3 years or less, held in escrow by a bank or similar financial institution, or “(iii) such other form of security as is satisfactory to the Secretary and the parties involved. “(C) Amount of security.— The security shall be in an amount equal to the excess of— “(i) the lesser of— “(I) the amount of additional plan assets which would be necessary to increase the funded current101 STAT. 1330–370 liability percentage under the plan to 60 percent, including the amount of the unfunded current liability under the plan attributable to the plan amendment, or “(II) the amount of the increase in current liability under the plan attributable to the plan amendment, over “(ii) $10,000,000. “(D) Release of security.— The security shall be released (and any amounts thereunder shall be refunded together with any interest accrued thereon) at the end of the first plan year which ends after the provision of the security and for which the funded current liability percentage under the plan is not less than 60 percent. The Secretary may prescribe Regulations. regulations for partial releases of the security by reason of increases in the funded current liability percentage. “(E) Definitions.— For purposes of this paragraph, the terms ‘current liability’, ‘funded current liability percentage’, and ‘unfunded current liability’ shall have the meanings given such terms by section 412(1), except that in computing unfunded current liability there shall not be taken into account any unamortized portion of the unfunded old liability amount as of the close of the plan year.”
(b)Amendments to ERISA.— Part 3 of subtitle B of title I of ERISA (29 U.S.C. 1081 et seq.) is amended—
(1)by redesignating section 307 as section 308; and29 USC 1086.
(2)by inserting after section 306 the following new section: " “security required upon adoption of plan amendment resulting in significant underfunding “Sec. 307.
(a)In General.— If—[29 USC 1085b](/us/usc/t29/s1085b). “(1) a defined benefit plan (other than a multiemployer plan) adopts an amendment an effect of which is to increase current liability under the plan for a plan year, and “(2) the funded current liability percentage of the plan for the plan year in which the amendment takes effect is less than 60 percent, including the amount of the unfunded current liability under the plan attributable to the plan amendment, the contributing sponsor (or any member of the controlled group of the contributing sponsor) shall provide security to the plan. “(b) Form of Security.— The security required under subsection
(a)shall consist of— “(1) a bond issued by a corporate surety company that is an acceptable surety for purposes of section 412, “(2) cash, or United States obligations which mature in 3 years or less, held in escrow by a bank or similar financial institution, or “(3) such other form of security as is satisfactory to the Secretary of the Treasury and the parties involved. “(c) Amount of Security.— The security shall be in an amount equal to the excess of— “(1) the lesser of— “(A) the amount of additional plan assets which would be necessary to increase the funded current liability percentage under the plan to 60 percent, including the amount of101 STAT. 1330–371 the unfunded current liability under the plan attributable to the plan amendment, or “(B) the amount of the increase in current liability under the plan attributable to the plan amendment, over “(2) $10,000,000. “(d) Release of Security.— The security shall be released (and any amounts thereunder shall be refunded together with any interest accrued thereon) at the end of the first plan year which ends after the provision of the security and for which the funded current liability percentage under the plan is not less than 60 percent. The Regulations. Secretary may prescribe regulations for partial releases of the security by reason of increases in the funded current liability percentage. “(e) Definitions.— For purposes of this section, the terms ‘current liability’, ‘funded current liability percentage’, and ‘unfunded current liability’ shall have the meanings given such terms by section 302(d), except that in computing unfunded current liability there shall not be taken into account any unamortized portion of the unfunded old liability amount as of the close of the plan year.” "
(b)Clerical Amendment.— The table of contents in section 1 of ERISA (29 U.S.C. 1001 note) is amended by striking out the item relating to section 307 and inserting in lieu thereof the following new items: “Sec. 307. Security required upon adoption of plan amendment resulting in significant underfunding. “Sec. 308. Effective dates.”
(c)Effective Date.— [26 USC 401 note](/us/usc/t26/s401).
(1)In general.— Except sis provided in this subsection, the amendments made by this section shall apply to plan amendments adopted after the date of the enactment of this Act.
(2)Collective bargaining agreements.— In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan amendments adopted pursuant to collective bargaining agreements ratified before the date of enactment. SEC. 9342. REPORTING REQUIREMENTS.
(a)Funded Percentage Required To Be Shown in Annual Report—
(1)Subsection
(d)of section 103 of ERISA (29 U.S.C. 1023(d)) is amended by redesignating paragraphs
(11)and
(12)as paragraphs
(12)and (13), respectively, and by inserting after paragraph
(10)the following new paragraph: " “(11) If the current value of the assets of the plan is less than 60 percent of the current liability under the plan (within the meaning of section 302(d)(7)), such percentage.” "
(2)Paragraph
(3)of section 104(b) of ERISA (29 U.S.C. 1024(b)(3)) is amended by striking out “such other material” and inserting in lieu thereof “such other material (including the percentage determined under section 103(d)(11))”.
(b)Amendment of Statute of Limitations With Respect to Certain Reports.— Section 413(a)(2) of ERISA (29 U.S.C. 1113(a)(2)) is amended by striking “(A)” and by striking “or (B)” and all that follows through “title”. 101 STAT. 1330–372
(c)Penalty For Failure to Provide Annual Report in Complete Form.— Section 502(c) of ERISA (29 U.S.C. 1132(c)) is amended—
(1)by inserting “(1)” after “(c)”, and by striking “(1) who” and “(2) who” and inserting “(A) who” and “(B) who”, respectively; and
(2)by adding at the end the following new paragraph: " “(2) The Secretary may assess a civil penalty of up to $1,000 a day from the date of a plan administrator's failure or refusal to file the annual report required to be filed with the Secretary under section 101(b)(4). For purposes of this paragraph, an annual report that has been rejected under section 104(a)(4) for failure to provide material information shall not be treated as having been filed with the Secretary.”. "
(d)Effective Date.— [29 USC 1132 note](/us/usc/t29/s1132).Reports.
(1)In general.— The amendments made by this section shall apply with respect to reports required to be filed after December 31, 1987.
(2)Regulations.— The Secretary of Labor shall issue the regulations required to carry out the amendments made by subsection
(c)not later than January 1, 1989. SEC. 9343. COORDINATION OF PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 WITH PROVISIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. 101101Copy read “1974”.
(a)Interpretation of Internal Revenue Code.— Except to the[26 USC 401 note](/us/usc/t26/s401). extent specifically provided in the Internal Revenue Code of 1986 or as determined by the Secretary of the Treasury, titles I and IV of the Employee Retirement Income Security Act of 1974 are not applicable in interpreting such Code.
(b)Clarification Regarding Effect of Determination Letter by the Internal Revenue Service on Enforcement by the Department of Labor of Fiduciary Standards Under 102102Copy read “under”. ERISA.— Section 3001(d) of ERISA (29 U.S.C. 1201(d)) is amended by adding after the second sentence the following: “The determination of the Secretary of the Treasury shall not be prima facie evidence on issues relating solely to part 4 of subtitle B of title I.”.
(c)Clarification Regarding Returns of Contributions Upon Receipt of Adverse Determination Letters.—
(1)In general.— Subparagraph
(B)of section 403(c)(2) of ERISA (29 U.S.C. 1103(c)(2)(B)) is amended to read as follows: " “(B) If a contribution is conditioned on initial qualification of the plan under section 401 or 403(a) of the Internal Revenue Code of 1986, and if the plan receives an adverse determination with respect to its initial qualification, then paragraph
(1)shall not prohibit the return of such contribution to the employer within one year after such determination, but only if the application for the determination is made by the time prescribed by law for filing the employer's return for the taxable year in which such plan was adopted, or such later date as the Secretary of the Treasury may prescribe.”. "
(2)Conforming amendment.— Paragraph
(3)of section 403(c) of ERISA (29 U.S.C. 1103(c)(3)) is amended by striking out “4972(b) of the Internal Revenue Code of 1954” and inserting in lieu thereof “4979(c) of the Internal Revenue Code of 1986”. 101 STAT. 1330–373 SEC. 9344. CLARIFICATION REGARDING THE IMPOSITION OF AN ANNUAL SANCTION FOR PROHIBITED TRANSACTIONS WHICH ARE CONTINUING IN NATURE. Section 502(i) of ERISA (29 U.S.C. 1132(i)) is amended by striking the second sentence and inserting the following: “The amount of Regulations. such penalty may not exceed 5 percent of the amount involved in each such transaction (as defined in section 4975(f)(4) of the Internal Revenue Code of 1986) for each year or part thereof during which ; in the prohibited transaction continues, except that, if the transaction is not corrected (in such manner as the Secretary shall prescribe 103103Copy read “presribe”. in regulations which shall be consistent with section 4975(f)(5) of such Code) within 90 days after notice from the Secretary (or such longer period as the Secretary may permit), such penalty may be in an amount not more than 100 percent of the amount involved.”. SEC. 9345. ADDITIONAL LIMITATIONS ON INVESTMENT BY AN INDIVIDUAL ACCOUNT PLAN FORMING PART OF A FLOOR-OFFSET ARRANGEMENT AND ON INVESTMENT BY AN INDIVIDUAL ACCOUNT PLAN IN EMPLOYER STOCK.
(a)Treatment of Individual Account Portions of Floor-Offset Arrangements.—
(1)In general.— Section 407(d)(3) of ERISA (29 U.S.C. 1107(d)(3)) is amended by adding at the end the following new subparagraph: " “(C) The term ‘eligible individual account plan’ does not include any individual account plan the benefits of which are taken into account in determining the benefits payable to a participant under any defined benefit plan.” "
(2)Treatment of floor-offset arrangement as single plan.— Section 407(d) of ERISA (29 U.S.C. 1107(d)) is amended by adding at the end the following new paragraph: " “(9) For purposes of this section, an arrangement which consists of a defined benefit plan and an individual account plan shall be treated as 1 plan if the benefits of such arrangement are taken into account in determining the benefits payable under such defined benefit plan.” "
(3)Effective Date.— The amendments made by this subsection[29 USC 1107 note](/us/usc/t29/s1107). shall apply with respect to arrangements established after December 17, 1987.
(b)Restrictions on Treatment of Stock as Qualifying Employer Security.— Section 407 of ERISA (29 U.S.C. 1107) is amended—
(1)in subsection (d)(5), by adding at the end the following new sentence: “After December 17, 1987, in the case of a plan other than an eligible individual account plan, stock shall be considered a qualifying employer security only if such stock satisfies the requirements of subsection (f)(1).”; and
(2)by adding at the end the following new subsection: " “(f)
(1)Stock satisfies the requirements of this subsection if— “(A) no more than 25 percent of the aggregate amount of stock of the same class issued and outstanding at the time of acquisition is held by the plan, and “(B) at least 50 percent of the aggregate amount referred to in subparagraph
(A)is held by persons independent of the issuer. 101 STAT. 1330–374 “(2) Until January 1, 1993, a plan shall not be treated as violating subsection
(a)solely by holding stock which fails to satisfy the requirements of paragraph
(1)if such stock— “(A) has been so held since December 17, 1987, or “(B) was acquired after December 17, 1987, pursuant to aContracts. legally binding contract in effect on December 17, 1987, and has been so held at all times after the acquisition. “(3) After December 17, 1987, no plan may acquire stock whichContracts. does not satisfy the requirements of paragraph
(1)unless the acquisition is made pursuant to a legally binding contract in effect on such date”. " SEC. 9346. INTEREST RATE ON ACCUMULATED CONTRIBUTIONS.
(a)Amendments to ERISA.— Section 204(c)(2) of ERISA (29 U.S.C. 1054(c)(2)) is amended—
(1)in subparagraph (C)(iii), by striking “5 percent per annum” and inserting “120 percent of the Federal mid-term rate (as in effect under section 1274 of the Internal Revenue Code of 1986 for the 1st month of a plan year)”; and
(2)in subparagraph (D)—
(A)in the first sentence, by striking “, the rate of interest described in clause
(iii)of subparagraph (C), or both,”; and
(B)by striking the second sentence.
(b)Amendments to 1986 Code.— Section 411(c)(2) of the 1986 Code [26 USC 411](/us/usc/t26/s411). (relating to accrued benefit derived from employee contributions) is amended—
(1)in subparagraph (C)(iii), by striking “5 percent per annum” and inserting “120 percent of the Federal mid-term rate (as in effect under section 1274 for the 1st month of a plan year)”; and
(2)in subparagraph (D)—
(A)in the first sentence, by striking “, the rate of interest described in clause
(iii)of subparagraph (C), or both,”; and
(B)by striking the second sentence.
(c)Effective Date.— [29 USC 1054 note](/us/usc/t29/s1054).
(1)In general.— The amendments made by this section shall apply to plan years beginning after December 31, 1987.
(2)Plan amendments not required until january 1989.— If any amendment made by this section requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 1989, if—
(A)during the period after such amendments made by this section take effect and before such first plan year, the plan is operated in accordance with the requirements of such amendments or in accordance with an amendment prescribed by the Secretary of the Treasury and adopted by the plan, and
(B)such plan amendment applies retroactively to the period after such amendments take effect and such first plan year. A plan shall not be treated as failing to provide definitely determinable benefits or contributions, or to be operated in accordance with the provisions of the plan, merely because it operates in accordance with this subsection. 101 STAT. 1330–375 Subtitle E— Miscellaneous Provisions SEC. 9401. RESTORATION OF TRUST FUNDS FOR 1987.
(a)In General.—
(1)Obligations issued.— Except as provided in subsection (b), within 30 days after the expiration of any debt issuance suspension period to which this section applies, the Secretary of the Treasury shall issue to each Federal fund obligations under chapter 31 of title 31, United States Code, which bear such issue dates, interest rates, and maturity dates as are necessary to ensure that, after such obligations are issued, the holdings of such Federal fund will replicate to the maximum extent practicable the obligations that would have been held by such Federal fund if any—
(A)failure to invest amounts in such Federal fund (or any disinvestment) resulting from the limitation of section 3101(b) of title 31, United States Code, had not occurred, and
(B)issuance of such obligations had occurred immediately on the expiration of the debt issuance suspension period.
(2)Interest credited.— On the first normal interest payment date or within 30 days after the expiration of any debt issuance suspension period (whichever is later) to which this section applies, the Secretary of the Treasury shall credit to each Federal fund an amount determined by the Secretary, after taking into account the actions taken pursuant to paragraph (1), to be equal to the income lost by such Federal fund by reason of any failure to invest amounts in such Federal fund (or any disinvestment) resulting from the limitation of such section 3101(b), including any income lost between the expiration of the debt issuance suspension period and the date of the credit.
(b)Interest on Market-Based Obligations.— With respect to any Federal fund which invests in market-based special obligations, on the expiration of a debt issuance suspension period to which this section applies, the Secretary of the Treasury shall immediately credit to such fund an amount equal to the interest that would have been earned by such fund during the debt issuance suspension period if the daily balance in such fund that the Secretary was unable to invest by reason of the limitation of such section 3101(b) had been invested each day during such period, overnight, in obligations under chapter 31 of title 31, United States Code, earning interest at a rate determined by the Secretary in accordance with the standard practice of the Department of the Treasury.
(c)Interest on State and Local Government Series.— On the expiration of any debt issuance suspension period to which this section applies, the Secretary of the Treasury shall (as of the close of such period) credit to each holder of any obligation which is part of the State and Local Government Series and which is in the nature of a demand deposit an amount equal to the income lost by such holder by reason of not being able to reinvest the principal of, and interest on, such obligation during such period.
(d)Debt Issuance Suspension Periods to Which Section Applies.— This section shall apply to debt issuance suspension periods beginning on or after July 18, 1987, and ending before January 1, 1988. 101 STAT. 1330–376
(e)Credited Amounts Treated as Interest.—104104Copy read “amounts treated as interest.—” All amounts credited under this section shall be treated as interest on obligations issued under chapter 31 of title 31, United States Code, for all purposes of Federal law.
(f)Definitions.— For purposes of this section—
(1)Debt issuance suspension period.— The term “debt issuance suspension period” means any period for which the Secretary of the Treasury determines that the issuance of obligations of the United States sufficient to conduct the orderly financial operations of the United States may not be made without exceeding the limitation imposed by section 3101(b) of title 31, United States Code.
(2)Federal fund.— The term “Federal fund” means any Federal trust fund or Government account established pursuant to Federal law to which the Secretary of the Treasury has issued or is expressly authorized by law directly to issue obligations under chapter 31 of title 31, United States Code, in respect of public money, money otherwise required to be deposited in the Treasury, or amounts appropriated; except that such term shall not include the Civil Service Retirement and Disability Fund or the Thrift Savings Fund of the Federal Employees’ Retirement System.
(g)Special Rules.— In the case of any debt suspension period beginning on or after July 18, 1987, and ending before the date of the enactment of this Act—
(1)for purposes of determining the date on which the Secretary of the Treasury is required to take the actions described in subsections (a), (b), and (c), such period shall be treated as having ended on such date of enactment, and
(2)the amount required to be credited under subsection
(c)shall include any income lost because the credit was not made upon the expiration of such period. SEC. 9402. 6-MONTH EXTENSION OF PROVISIONS RELATING TO COLLECTION OF NON-TAX DEBTS OWED TO FEDERAL AGENCIES.
(a)General Rule.— Subsection
(c)of section 2653 of the Deficit Reduction Act of 1984 is amended by striking out “January 1, 1988”26 USC 6402 note. and inserting in lieu thereof “July 1, 1988”.
(b)Clarification of Congressional Intent as to Scope of Provision.— 26 USC 6402 note.
(1)Nothing in the amendments made by section 2653 of the Deficit Reduction Act of 1984 shall be construed as exempting, debts of corporations or any other category of persons from the application of such amendments.
(2)It is the intent of the Congress that, to the extent practicable, the amendments made by section 2653 of the Deficit Reduction Act of 1984 shall extend to all Federal agencies (as defined in the amendments made by such section).
(3)The Secretary of the Treasury shall issue regulations to Regulations. carry out the purposes of this subsection.
(c)Study by the General Accounting Office.— The Comptroller [26 USC 6402 note](/us/usc/t26/s6402). General of the United States, in consultation with the Secretary of the Treasury or his delegate, shall conduct a study of the operation and effectiveness of the amendments made by section 2653 of the Deficit Reduction Act of 1984. The study shall compile and evaluate101 STAT. 1330–377 information on the effect of those amendments on voluntary compliance with the income tax laws. Not later than April 1, 1989, the Reports. Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report of the study conducted under this subsection, together with such recommendations as he may deem advisable. SEC. 9403. INCREASE IN LIMIT ON LONG-TERM BONDS. The last sentence of section 3102(a) of title 31, United States Code, is amended by striking out “$250,000,000,000” and inserting in lieu thereof “$270,000,000,000”. Subtitle F— Customs User Fees; Trade and Customs Agency Authorizations SEC. 9501. CUSTOMS USER FEES.
(a)Amendments to Customs User Fees Program.— Section 13031 of the Consolidated Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended as follows:
(1)Merchandise processing fee imposed on foreign content of certain schedule 8 articles.—
(A)Subsection (a)(9)(A) is amended to read as follows: “(A) provided for under any item in schedule 8 of the Tariff Schedules of the United States except item 806.30 or 807.00,”.
(B)Subsection (b)(8)(A) is amended—
(i)by striking out “and” at the end of clause (i);
(ii)by striking out the period at the end of clause
(ii)and inserting a semicolon; and
(iii)by adding at the end thereof the following: " “(iii) in the case of merchandise classified under item 806.30 of the Tariff Schedules of the United States, be applied to the value of the foreign repairs or alterations to the merchandise; and “(iv) in the case of merchandise classified under item 807.00 of such Schedules, be applied to the full value of the merchandise, less the cost or value of the component United States products. " With respect to merchandise that is classified under item 806.30 or 807.00 of such Schedules and is duty-free, the Secretary may collect the fee charged on the processing of the merchandise under subsection
(9)or
(10)on the basis of aggregate data derived from financial and manufacturing reports used by the importer in the normal course of business, rather than on the basis of entry-by-entry accounting.”.
(2)Provision of customs services.— Subsection
(e)is amended—
(A)by redesignating paragraph
(4)as paragraph (6);
(B)by inserting after paragraph
(3)the following new paragraphs: " “(4) Notwithstanding any other provision of law, all customs services (including, but not limited to, normal and overtime clearance and preclearance services) shall be adequately provided, when requested, for— 101 STAT. 1330–378 “(A) the clearance of any commercial vessel, vehicle, or air- craft or its passengers, crew, stores, material, or cargo arriving, departing, or transiting the United States; “(B) the preclearance at any customs facility outside the United States of any commercial vessel, vehicle or aircraft or its passengers, crew, stores, material, or cargo; and “(C) the inspection or release of commercial cargo or other commercial shipments being entered into, or withdrawn from, the customs territory of the United States. “(5) For purposes of this subsection, customs services shall be treated as being ‘adequately provided’ if such of those services that are necessary to meet the needs of parties subject to customs inspection are provided in a timely manner taking into account factors such as— “(A) the unavoidability of weather, mechanical, and other delays; “(B) the necessity for prompt and efficient passenger and baggage clearance; “(C) the perishability of cargo; “(D) the desirability or unavoidability of late night and early morning arrivals from various time zones; “(E) the availability (in accordance with regulations prescribed under subsection (g)(2)) of customs personnel and resources; and “(F) the need for specific enforcement checks.”; and "
(C)by amending paragraph
(6)(as redesignated by subparagraph (A)) to read as follows: " “(6) Notwithstanding any other provision of law except paragraph (2), during any period when fees are authorized under subsection (a), no charges, other than such fees, may be collected— “(A) for any— “(i) cargo inspection, clearance, or other customs activity, expense, or service performed (regardless whether performed outside of normal business hours on an overtime basis), or “(ii) customs personnel provided, in connection with the arrival or departure of any commercial vessel, vehicle, or aircraft, or its passengers, crew, stores, material, or cargo, in the United States; “(B) for any preclearance or other customs activity, expense, or service performed, and any customs personnel provided, outside the United States in connection with the departure of any commercial vessel, vehicle, or aircraft, or its passengers, crew, stores, material, or cargo, for the United States; or “(C) in connection with— “(i) the activation or operation (including Customs Service supervision) of any foreign trade zone or subzone established under the Act of June 18, 1934 (commonly know as the Foreign Trade Zones Act, 19 U.S.C. 81a et seq.), or “(ii) the designation or operation (including Customs Service supervision) of any bonded warehouse under section 555 of the Tariff Act of 1930 (19 U.S.C. 1555).”. "
(3)Disposition of fees.— Subsection
(f)is amended by striking out paragraphs (1), (2), and
(3)and inserting the following: " “(f) Disposition of Fees.—
(1)There is established in the general fund of the Treasury a separate account which shall be known as the ‘Customs User Fee Account’. Notwithstanding section 524 of the Tariff Act of 1930 (19 U.S.C. 1524), there shall be deposited as offsetting receipts into the Customs User Fee Account all fees101 STAT. 1330–379 collected under subsection
(a)except that portion of such fees that is required under paragraph
(3)for the direct reimbursement of appropriations. “(2) All funds in the Customs User Fee Account shall be available, to the extent provided for in appropriations Acts, to pay the costs (other than costs for which direct reimbursement under paragraph
(3)is required) incurred by the United States Customs Service in conducting commercial operations, including, but not limited to, all costs associated with commercial passenger, vessel, vehicle, aircraft, and cargo processing. So long as there is a surplus of funds in the Customs User Fee Account, the Secretary of the Treasury may not reduce personnel staffing levels for providing commercial clearance and preclearance services. “(3) The Secretary of the Treasury, in accordance with such section 524 and without regard to apportionment or any other administrative practice or limitation, shall directly reimburse, from the fees collected under subsection (a), each appropriation for the amount paid out of that appropriation for the costs incurred by the Secretary in providing— “(A) inspectional overtime services; and “(B) all preclearance services; for which the recipients of such services are not required to reimburse the Secretary of the Treasury. Reimbursement under this paragraph shall apply with respect to each fiscal year occurring after September 30, 1987, and shall be made at least quarterly. To the extent necessary, reimbursement of appropriations under this paragraph may be made on the basis of estimates made by the Secretary of the Treasury of the costs for inspectional overtime and preclearance services, and adjustments shall be made in subsequent reimbursements to the extent that the estimates were in excess of, or less than, the amounts required to be reimbursed.”. "
(4)Regulations.— Subsection
(g)is amended—
(A)by striking out “(g) Regulations.—The” and inserting “(g) Regulations.—(1) In addition to the regulations required under paragraph (2), the “; and
(B)by inserting at the end thereof the following new paragraph: " “(2) The Secretary of the Treasury shall prescribe regulations governing the work shifts of customs personnel at airports. Such regulations shall provide, among such other factors considered appropriate by the Secretary, that— “(A) the work shifts will be adjusted, as necessary, to meet cyclical and seasonal demands and to minimize the use of overtime; “(B) the work shifts will not be arbitrarily reduced or compressed; And “(C) consultation with the Advisory Committee on Commercial Operations of the United States Customs Service (established under section 9501(c) of the Omnibus Budget Reconciliation Act of 1987) will be carried out before adjustments are made in the work shifts.”. "
(5)Extension of customs user fees program.— Subsection (j)(3) is amended by striking out “1989” and inserting “1990”.
(b)Additional Period to Claim Certain Refunds.— Section 1893(g)(2) of the Tax Reform Act of 1986 is amended by striking out[19 USC 58c note](/us/usc/t19/s58c). “90 days after the date of enactment of this Act” and inserting “90 day-off after the date of the enactment of the Omnibus Budget Reconciliation Act of 1987”. 101 STAT. 1330–380
(c)Analysis Regarding the CES Program; Effect on Implementation of Program.— [19 USC 3 note](/us/usc/t19/s3).
(1)The Comptroller General of the United States shall conduct a comprehensive analysis, including a cost-benefit study, of the centralized cargo examination station
(CES)concept from the perspective of both the United States Customs Service and business community users. The analysis shall be submitted on the same day to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereinafter in this subsection referred to as the “Committees”) not later than March 30, 1988, and shall include recommendations as to how best to implement cargo inspection procedures.
(2)The United States Customs Service—
(A)may not, after the date of the enactment of this Act, establish any new centralized cargo examination station at any ocean port, airport, or land border location unless the Customs Service provides to the Committees advance notice, in writing, of not less than 90 days regarding the proposed establishment; and
(B)shall, on such date of enactment, suspend operations at each centralized cargo examination station that was operating at an airport on the day before such date until the 90th day after a date—
(i)that is not earlier than the date on which the analysis required under paragraph
(1)is submitted to the Committees, and
(ii)on which the Customs Service provides to the Committees notice, in writing, that it intends to resume such operations at the station. During the period of suspension of operations under subparagraph
(B)at any centralized cargo examination station at an airport, the Secretary of the Treasury shall maintain customs operations and staffing at that airport at a level not less than that which was in effect immediately before the suspension took effect.
(d)Effective Dates.— [19 USC 58c note](/us/usc/t19/s58c).
(1)Except as otherwise provided in this subsection, the provisions of this section take effect on the date of the enactment of this Act.
(2)The amendments made by subsection (a)(1) apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.
(3)The amendment made by subsection (a)(3) shall take effect on October 1, 1987. SEC. 9502. UNITED STATES INTERNATIONAL TRADE COMMISSION AUTHORIZATIONS. Section 330(e)(2) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended—
(1)by striking out “1986” and inserting “1988”; and
(2)by striking out “$28,901,000;” and inserting “$35,386,000;”. SEC. 9503. UNITED STATES CUSTOMS SERVICE AUTHORIZATIONS.
(a)Authorization of Appropriations.— Section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)) is amended to read as follows: " “(b) Authorization of Appropriations.— 101 STAT. 1330–381 “(1) For noncommercial operations.— There are authorized to be appropriated for fiscal year 1988 not to exceed $348,192,000 for the salaries and expenses of the United States Customs Service that are incurred in noncommercial operations, of which $171,857.06 shall be available only for concluding Contract TC-82–54 that was awarded for the development and testing of an automatic license plate reader. “(2) For commercial operations.— There are authorized to be appropriated for fiscal year 1988 not to exceed $615,000,000 from the Customs User Fee Account for the salaries and expenses of the United States Customs Service that are incurred in commercial operations. “(3) For air interdiction.— There are authorized to be appropriated for fiscal year 1988 not to exceed $118,309,000 for the operation (including salaries and expenses) and maintenance of the air interdiction program of the United States Customs Service.”. "
(b)Congressional Notice of Certain Actions.— Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended—
(1)by striking out “Use Of Savings Resulting from Administrative Consolidations.—” in subsection (f);
(2)by striking out “Allocation of Resources.—” in subsection
(g)and inserting “(1)”; and
(3)by adding at the end of subsection
(g)the following new paragraph: " “(2) The Commissioner of Customs shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives at least 180 days prior to taking any action which would— “(A) result in any significant reduction in force of employees other than by means of attrition; “(B) result in any significant reduction in hours of operation or services rendered at any office of the United States Customs Service or any port of entry;” “(C) eliminate or relocate any office of the United States Customs Service; “(D) eliminate any port of entry; or “(E) significantly reduce the number of employees assigned to any office of the United States Customs Service or any port of entry.”, "
(c)Advisory Committee on Commercial Operations of the United States Customs Service.— Establishment.[19 USC 2071 note](/us/usc/t19/s2071).
(1)The Secretary of the Treasury shall establish an advisory committee which shall be known as the “Advisory Committee on Commercial Operations of the United States Customs Service” (hereafter in this subsection referred to as the “Advisory Committee”).
(A)The Advisory Committee shall consist of 20 members appointed by the Secretary of the Treasury.
(B)In making appointments under subparagraph (A), the Secretary of the Treasury shall ensure that—
(i)the membership of the Advisory Committee is representative of the individuals and firms affected by the commercial operations of the United States Customs Service; and 101 STAT. 1330–382
(ii)a majority of the members of the Advisory Committee do not belong to the same political party.
(3)The Advisory Committee shall—
(A)provide advice to the Secretary of the Treasury on all matters involving the commercial operations of the United States Customs Service; and
(B)submit an annual report to the Committee on FinanceReports. of the Senate and the Committee on Ways and Means of the House of Representatives that shall—
(i)describe the operations of the Advisory Committee during the preceding year, and
(ii)set forth any recommendations of the Advisory Committee regarding the commercial operations of the United States Customs Service.
(4)The Assistant Secretary of the Treasury for Enforcement shall preside over meetings of the Advisory Committee.
(d)Dissolution of Existing Advisory Committee.— Section 13033 of the Consolidated Budget Reconciliation Act of 1985 is repealed. [19 USC 2071 note](/us/usc/t19/s2071). SEC. 9504. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE AUTHORIZATIONS. Section 141(0(1) of the Trade Act of 1974 (19 U.S.C. 2171(f)(1)) is amended to read as follows: " “(f)
(A)There are authorized to be appropriated for fiscal year 1988 to the Office for the purposes of carrying out its functions not to exceed $15,172,000. “(B) Of the amounts authorized to be appropriated under subparagraph
(A)for fiscal year 1988— “(i) not to exceed $69,000 may be used for entertainment and representation expenses of the Office; and “(ii) not to exceed $1,000,000 shall remain available until expended.”. " TITLE X— REVENUE PROVISIONS Revenue Act of 1987. SEC. 10000. SHORT TITLE: AMENDMENT OF THE 1986 CODE.
(a)Short Title.— This title may be cited as the “Revenue Act of 1987”. [26 USC 1 note](/us/usc/t26/s1).
(b)Amendment of 1986 Code.— Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.[26 USC 1 et seq.](/us/usc/t26/s1)
(c)Coordination With Section 15.— No amendment made by this[26 USC 15 note](/us/usc/t26/s15). title shall be treated as a change in a rate of tax for purposes section 15 of the Internal Revenue Code of 1986.
(d)Table of Contents.— TITLE X— REVENUE PROVISIONS Sec. 10000. Short title; amendment of the 1986 Code. Subtitle A— Individual Income Tax Provisions Sec. 10101. Expenses of overnight camps not allowable for dependent care credit Sec. 10102. Changes to deduction for qualified residence interest. Sec. 10103. Clarification of treatment of Federal judges. Sec. 10104. Treatment of regulated investment companies under 2-percent floor 101 STAT. 1330–383 Subtitle B— Business Provisions Part I— Accounting Provisions Sec. 10201. Repeal of reserve for accrual of vacation pay. Sec. 10202. Provisions relating to installment sales. Sec. 10203. Reduction in percentage of items taken into account under completed contract method. Sec. 10204. Amortization of past service pension costs. Sec. 10205. Certain farm corporations required to use accrual method of accounting. Sec. 10206. Entities may elect taxable years other than required taxable year. Part II— Partnership Provisions Sec. 10211. Certain publicly traded partnerships treated as corporations. Sec. 10212. Treatment of publicly traded partnerships under section 469. Sec. 10213. Treatment of publicly traded partnerships for unrelated business tax. Sec. 10214. Treatment of certain partnership allocations. Sec. 10215. Study. Part III— Corporate Provisions Sec. 10221. Reduction in dividends received deduction for dividends from corporations not 20-percent owned. Sec. 10222. Certain earnings and profits adjustments not to apply for certain purposes. Sec. 10223. Treatment of mirror subsidiary transactions. Sec. 10224. Benefits of graduated corporate rates not allowed to personal service corporations. Sec. 10225. Amendments to section 382. Sec. 10226. Limitation on use of preacquisition losses to offset built-in gains. Sec. 10227. Recapture of LIFO amount in the case of elections by S corporations. Sec. 10228. Excise tax on receipt of greenmail. Part IV— Foreign Tax Provisions Sec. 10231. Denial of foreign tax credit for taxes paid or accrued to South Africa. Part V— Insurance Provisions Sec. 10241. Interest rate used in computing tax reserves for life insurance companies may not be less than applicable Federal rate. Sec. 10242. Treatment of foreign insurance. Sec. 10243. Treatment of mutual life insurance company policy holder dividends for purposes of book preference. Sec. 10244. Certain insurance syndicates. Subtitle C— Estimated Tax Provisions Sec. 10301. Revision of corporate estimated tax provisions. Sec. 10302. Revised withholding certificates required to be put into effect more promptly. Sec. 10303. Estimated tax penalties for 1987. Subtitle D— Estate and Gift Tax Provisions Part I— General Provisions Sec. 10401. 5-year extension of existing rates; phase out of benefits of existing rates, and unified credit. Sec. 10402. Inclusion related to valuation freezes. Part II— Estate Tax Provisions Relating To Employee Stock Ownership Plans Sec. 10411. Congressional clarification of estate tax deduction for sales of employer securities. Sec. 10412. Modifications of estate tax deduction for sale of employer securities. Sec. 10413. Excise tax on plans or cooperatives disposing of employer securities for which estate tax deduction was allowed. Subtitle E— Provisions Relating to Excise Taxes and User Fees Part I— Excise Taxes Sec. 10501. Extension of telephone excise tax. Sec. 10502. Diesel fuel and aviation fuel taxes imposed at wholesale level. Sec. 10503. Extension of temporary increase in amount of tax imposed on coal producers. 101 STAT. 1330–384 Part II— Tax-Related User Fees Sec. 10511. Fees for request for ruling, determination, and similar letters. Sec. 10512. Occupational taxes relating to alcohol, tobacco, and firearms. , Subtitle F— Other Revenue Provisions Part I— Targeted Jobs Credit Sec. 10601. Denial of targeted jobs credit for wages paid during period of labor dispute. Part II— Treatment Of Certain Illegal Irrigation Subsidies Sec. 10611. Treatment of certain illegal irrigation subsidies. Part III— Compliance Sec. 10621. State escheat laws not to apply to refunds of Federal tax. Sec. 10622. Sense of Congress as to increased Internal Revenue Service funding for taxpayer assistance and enforcement. Part IV— Tax Exempt Bond Provisions Sec. 10631. Issues used to acquire nongovernmental output property. Sec. 10632. Bonds issued by Indian tribal governments.105105Copy read “Indian Tribal Governments.”. Subtitle G— Lobbying and Political Activities of Tax-Exempt Organizations Part I— Disclosure Requirements Sec. 10701. Required disclosure of nondeductibility of contributions. Sec. 10702. Public inspection of annual returns and applications for tax-exempt status. Sec. 10703. Additional information required on annual returns of section 501(c)(3) organizations. Sec. 10704. Penalties. Sec. 10705. Required disclosure that certain information or service available from Federal Government. Part II— Political Activities Sec. 10711. Clarification of prohibited political activities. Sec. 10712. Excise taxes on political expenditures by section 501(c)(3) organizations. Sec. 10713. Additional enforcement authority in the case of flagrant political expenditures. Sec. 10714. Tax on disqualifying lobbying expenditures. Subtitle A— Individual Income Tax Provisions SEC. 10101. EXPENSES OF OVERNIGHT CAMPS NOT ALLOWABLE FOR DEPENDENT CARE CREDIT.
(a)General Rule.— Subparagraph
(A)of section 21(b)(2) (defining employment-related expenses) is amended by adding at the end thereof the following new sentence: “Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight.”
(b)Effective Date.— The amendment made by subsection
(a)[26 USC 21 note](/us/usc/t26/s21). shall apply to expenses paid in taxable years beginning after December 31, 1987. SEC. 10102. CHANGES TO DEDUCTION FOR QUALIFIED RESIDENCE INTEREST.
(a)General Rule.— Paragraph
(3)of section 163(h) (defining qualified residence interest) is amended to read as follows: 101 STAT. 1330–385 “(3) Qualified residence interest.— For purposes of this subsection— “(A) In general.— The term ‘qualified residence interest’ means any interest which is paid or accrued during the taxable year on— “(i) acquisition indebtedness with respect to any qualified residence of the taxpayer, or “(ii) home equity indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued. “(B) Acquisition indebtedness.— “(i) In general.— The term ‘acquisition indebtedness’ means any indebtedness which— “(I) is incurred in acquiring, constructing, or substantially improving any qualified residence of the taxpayer, and “(II) is secured by such residence. Such term also includes any indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence); but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. “(ii) $1,000,000 LIMITATION.—The aggregate amount treated as acquisition indebtedness for any period shall not exceed $1,000,000 ($500,000 in the case of a married individual filing a separate return). “(C) Home equity indebtedness.— “(i) In general.— The term ‘home equity indebtedness’ means any indebtedness (other than acquisition indebtedness) secured by a qualified residence to the extent the aggregate amount of such indebtedness does not exceed— “(I) the fair market value of such qualified residence, reduced by “(II) the amount of acquisition indebtedness with respect to such residence. “(ii) Limitation.— The aggregate amount treated as home equity indebtedness for any period shall not exceed $100,000 ($50,000 in the case of a separate return by a married individual). “(D) Treatment of indebtedness incurred on or before october 13, 1987.— “(i) In general.— In the case of any pre-October 13, 1987, indebtedness— “(I) such indebtedness shall be treated as acquisition indebtedness, and “(II) the limitation of subparagraph (B)(ii) shall not apply. “(ii) Reduction in $1,000,000 limitation.— The limitation of subparagraph (B)(ii) shall be reduced (but not below zero) by the aggregate amount of outstanding pre-October 13, 1987, indebtedness. 101 STAT. 1330–386 “(iii) Pre-october 13, 1987, indebtedness.— The term pre-October 13, 1987, indebtedness’ means— “(I) any indebtedness which was incurred on or before October 13, 1987, and which was secured by a qualified residence on October 13, 1987, and at all times thereafter before the interest is paid or accrued, or “(II) any indebtedness which is secured by the qualified residence and was incurred after October 13, 1987, to refinance indebtedness described in subclause
(I)(or refinanced indebtedness meeting the requirements of this subclause) to the extent (immediately after the refinancing) the principal amount of the indebtedness resulting from the refinancing does not exceed the principal amount of the refinanced indebtedness (immediately before the refinancing). “(iv) Limitation on period of refinancing.— Subclause
(II)of clause
(iii)shall not apply to any indebtedness after— “(I) the expiration of the term of the indebtedness described in clause (iii)(I), or “(II) if the principal of the indebtedness described in clause (iii)(I) is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing).”
(b)Conforming Amendments.— Subsection
(h)of section 163 is amended by striking out paragraph
(4)and by redesignating paragraph
(5)as paragraph (4).
(c)Effective Date.— The amendments made by this section shall[26 USC 163 note](/us/usc/t26/s163). apply to taxable years beginning after December 31, 1987. SEC. 10103. CLARIFICATION OF TREATMENT OF FEDERAL JUDGES. [26 USC 219 note](/us/usc/t26/s219).
(a)General Rule.— A Federal judge—
(1)shall be treated as an active participant for purposes of section 219(g) of the Internal Revenue Code of 1986, and
(2)shall be treated as an employee for purposes of chapter 1 of such Code.
(b)Effective Date.— The provisions of subsection
(a)shall apply to taxable years beginning after December 31, 1987. SEC. 10104. TREATMENT OF REGULATED INVESTMENT COMPANIES UNDER 2-PERCENT FLOOR.
(a)1-Year Delay in Treatment of Publicly Offered Regulated Investment Companies Under 2-Percent Floor.— [26 USC 67 note](/us/usc/t26/s67).
(1)General rule.— Section 67(c) of the Internal Revenue Code of 1986 to the extent it relates to indirect deductions through a publicly offered regulated investment company shall apply only to taxable years beginning after December 31, 1987.
(2)Publicly offered regulated investment company defined.— For purposes of this subsection—
(A)In general.— The term “publicly offered regulated investment company” means a regulated investment company the shares of which are— 101 STAT. 1330–387
(i)continuously offered pursuant to a public offering (within the meaning of section 4 of the Securities Act of 1933, as amended (15 U.S.C. 77a to 77aa)),
(ii)regularly traded on an established securities market, or
(iii)held by or for no fewer than 500 persons at all times during the taxable year.
(B)Secretary may reduce 500 person requirement.— The Secretary of the Treasury or his delegate may by Regulations. regulation decrease the minimum shareholder requirement of subparagraph (A)(iii) in the case of regulated investment companies which experience a loss of shareholders through net redemptions of their shares,
(b)Changes in Distribution Requirements.—
(1)Increase in required distribution of income.— Paragraph
(1)of section 4982(b) (defining required distribution) is amended by striking out “90 percent in subparagraph (B)” and inserting in lieu thereof “98 percent”.
(2)Effective date.— The amendment made by paragraph (1)[26 USC 4982 note](/us/usc/t26/s4982). shall take effect as if included in the amendments made by section 651 of the Tax Reform Act of 1986. **Subtitle B—** **Business Provisions** **PART I—** **ACCOUNTING PROVISIONS** SEC. 10201. REPEAL OF RESERVE FOR ACCRUAL OF VACATION PAY.
(a)General Rule.— Section 463 (relating to accrual of vacation pay) is hereby repealed.
(b)Technical Amendments.—
(1)Section 81 is hereby repealed.
(2)Subparagraph
(B)of section 404(b)(2) is amended to read as follows: " “(B) Exception.— Subparagraph
(A)shall not apply to any benefit provided through a welfare benefit fund (as defined in section 419(e)).”. "
(3)Section 404(a)(5) is amended by adding at the end thereof the following new sentence: “For purposes of this section, any vacation pay which is treated as deferred compensation shall be deductible for the taxable year of the employer in which paid to the employee.”
(4)Paragraph
(2)of section 419(e) is amended by inserting “or” at the end of subparagraph (B), by striking out “, or” at the end of subparagraph (C), and inserting in lieu thereof a period, and by striking out subparagraph (D).
(5)Paragraph
(5)of section 461(h) is amended to read as follows: " “(5) Subsection not to apply to certain items.— This subsection shall not apply to any item for which a deduction is allowable under a provision of this title which specifically provides for a deduction for a reserve for estimated expenses.” "
(6)The table of sections for part II of subchapter B of chapter 1 is amended by striking out the item relating to section 81.
(7)The table of sections for subpart C of part II of subchapter E of chapter 1 is amended by striking out the item relating to section 463. 101 STAT. 1330–388
(c)Effective Date.—
(1)[26 USC 404](/us/usc/t26/s404) note. In general.— The amendments made by this section shall apply to taxable years beginning after December 31, 1987.
(2)[26 USC 463](/us/usc/t26/s463) note. Change in method of accounting.— In the case of any taxpayer who elected to have section 463 of the Internal Revenue Code of 1986 apply for such taxpayer’s last taxable year beginning before January 1, 1988, and who is required to change his method of accounting by reason of the amendments made by this section—
(A)such change shall be treated as initiated by the taxpayer,
(B)such change shall be treated as having been made with the consent of the Secretary, and
(C)the net amount of adjustments required by section 481 of such Code to be taken into account by the taxpayer—
(i)shall be reduced by the balance in the suspense account under section 463(c) of such Code as of the close of such last taxable year, and
(ii)shall be taken into account over the 4-taxable year period beginning with the taxable year following such last taxable year as follows: **In the case of the:** **The percentage taken into account is:** 1st year 25 2nd year 5 3rd year 35 4th year 35. Notwithstanding subparagraph (C)(ii), if the period the adjustments are required to be taken into account under section 481 of such Code is less than 4 years, such adjustments shall be taken into account ratably over such shorter period. SEC. 10202. PROVISIONS RELATING TO INSTALLMENT SALES.
(a)Repeal of Proportionate Disallowance of Installment Method.—
(1)In general.— Section 453C (relating to certain indebtedness treated as payment on installment obligations) is hereby repealed.
(2)Conforming amendment.— The table of sections for subpart B of part II of subchapter E of chapter 1 is amended by striking out the item relating to section 453C.
(b)Repeal of Installment Method for Dealers in Property.—
(1)In general.— Subparagraph
(A)of section 453(b)(2) (defining installment sale) is amended to read as follows: " “(A) Dealer dispositions.— Any dealer disposition (as defined in subsection (1)).” "
(2)Dealer disposition defined.— Section 453 (relating to installment method) is amended by adding at the end thereof the following new subsection: " “(l) Dealer Dispositions.— For purposes of subsection (b)(2)(A)— “(1) In general.— The term ‘dealer disposition’ means any of the following dispositions: “(A) Personal property.— Any disposition of personal property by a person who regularly sells or otherwise disposes of personal property on the installment plan. 101 STAT. 1330–389 “(B) Real property.— Any disposition of real property which is held by the taxpayer for sale to customers in the ordinary course of the taxpayer’s trade or business. “(2) Exceptions.— The term ‘dealer disposition’ does not include— “(A) Farm property.— The disposition on the installment plan of any property used or produced in the trade or business of farming (within the meaning of section 2032A(e)
(4)or (5)). “(B) Timeshares and residential lots.— “(i) In general.— Any dispositions described in clause
(ii)on the installment plan if the taxpayer elects to have paragraph
(3)apply to any installment obligations which arise from such dispositions. An election under this paragraph shall not apply with respect to an installment obligation which is guaranteed by any person other than an individual. “(ii) Dispositions to which subparagraph applies.— A disposition is described in this clause if it is a disposition in the ordinary course of the taxpayer’s trade or business to an individual of— “(I) a timeshare right to use or a timeshare ownership interest in residential real property for not more than 6 weeks per year, or a right to use specified campgrounds for recreational purposes, or “(II) any residential lot, but only if the taxpayer (or any related person) is not to make any improvements with respect to such lot. For purposes of subclause (I), a timeshare right to use (or timeshare ownership interest in) property held by the spouse, children, grandchildren, or parents of an individual shall be treated as held by such individual. “(C) Carrying charges or interest.—Any carrying charges or interest with respect to a disposition described in subparagraph
(A)or
(B)which are added on the books of account of the seller to the established cash selling price of the property shall be included in the total contract price of the property and, if such charges or interest are not so included, any payments received shall be treated as applying first against such carrying charges or interest. “(3) Payment of interest on timeshares and residential lots.— “(A) In general.— In the case of any installment obligation to which paragraph (2)(B) applies, the tax imposed by this chapter for any taxable year for which payment is received on such obligation shall be increased by the amount of interest determined in the manner provided under subparagraph (B). “(B) Computation of interest.— “(i) In general.— The amount of interest referred to in subparagraph
(A)for any taxable year shall be determined— “(I) on the amount of the tax for such taxable year which is attributable to the payments received during such taxable year on installment obligations to which this subsection applies, 101 STAT. 1330–390 “(II) for the period beginning on the date of sale, and ending on the date such payment is received, and “(III) by using the applicable Federal rate under section 1274 (without regard to subsection (d)(2) thereof) in effect at the time of the sale compounded semiannually. “(ii) Interest not taken into account.— For purposes of clause (i), the portion of any tax attributable to the receipt of any payment shall be determined without regard to any interest imposed under subparagraph (A). “(iii) Taxable year of sale.— No interest shall be determined for any payment received in the taxable year of the disposition from which the installment obligation arises. “(C) Treatment as interest.— Any amount payable under this paragraph shall be taken into account in computing the amount of any deduction allowable to the taxpayer for interest paid or accrued during such taxable year.” "
(c)Treatment of Installment Obligations of Nondealers.— Section 453A (relating to installment method for dealers in personal property) is amended to read as follows: " “SEC. 453A. SPECIAL RULES FOR NONDEALERS OF REAL PROPERTY. “(a) General Rule.— In the case of an installment obligation to which this section applies— “(1) interest shall be paid on the deferred tax liability with respect to such obligation in the manner provided under subsection (c), and “(2) the pledging rules under subsection
(d)shall apply. “(b) Installment Obligations to Which Section Applies.— “(1) In general.— This section shall apply to any obligation which arises from the disposition of real property under the installment method which is property used in the taxpayer’s trade or business or property held for the production of rental income, but only if the sales price of such property exceeds $150,000. “(2) Special rule for interest payments.— For purposes of subsection (a)(1), this section shall apply to an obligation described in paragraph
(1)arising during a taxable year only if— “(A) such obligation is outstanding as of the close of such taxable year, and “(B) the face amount of all obligations of the taxpayer described in paragraph
(1)which arose during, and are outstanding as of the close of, such taxable year exceeds $5,000,000. Except as provided in regulations, all persons treated as a single employer under subsection
(a)or
(b)of section 52 shall be treated as one person for purposes of this paragraph. “(3) Exception for personal use and farm property.— An installment obligation shall not be treated as described in paragraph
(1)if it arises from the disposition— “(A) by an individual of personal use property (within the meaning of section 1275(b)(3)), or 101 STAT. 1330–391 “(B) of any property used or produced in the trade or business of farming (within the meaning of section 2032A(e)
(4)or (5)). “(4) Special rule for timeshares and residential lots.— An installment obligation shall not be treated as described in paragraph
(1)if it arises from a disposition described in section 453(l)(2)(B), but the provisions of section 453(l)(3) (relating to interest payments on timeshares and residential lots) shall apply to such obligation. “(5) Sales price.— For purposes of paragraph (1), all sales or exchanges which are part of the same transaction (or a series of related transactions) shall be treated as 1 sale or exchange. “(c) Interest on Deferred Tax Liability.— “(1) In general.— If an obligation to which this section applies is outstanding as of the close of any taxable year, the tax imposed by this chapter for such taxable year shall be increased by the amount of interest determined in the manner provided under paragraph (2). “(2) Computation of interest.— For purposes of paragraph (1), the interest for any taxable year shall be an amount equal to the product of— “(A) the applicable percentage of the deferred tax liability with respect to such obligation, multiplied by “(B) the underpayment rate in effect under section 6621(a)(2) for the month with or within which the taxable year ends. “(3) Deferred tax liability.— For purposes of this section, the term ‘deferred tax liability’ means, with respect to any taxable year, the product of— “(A) the amount of gain with respect to an obligation which has not been recognized as of the close of such taxable year, multiplied by “(B) the maximum rate of tax in effect under section 1 or 11, whichever is appropriate, for such taxable year. “(4) Applicable percentage.— For purposes of this subsection, the term ‘applicable percentage’ means, with respect to obligations arising in any taxable year, the percentage determined by dividing— “(A) the portion of the aggregate face amount of such obligations outstanding as of the close of such taxable year in excess of $5,000,000, by “(B) the aggregate face amount of such obligations outstanding as of the close of such taxable year. “(5) Regulations.106106 Copy read “Regulations—”.— The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subsection including regulations providing for the application of this subsection in the case of contingent payments, short taxable years, and pass-thru entities. “(d) Pledges, Etc., of Installment Obligations.— “(1) In general.— For purposes of section 453, if any indebtedness (hereinafter in this subsection referred to as ‘secured indebtedness’) is secured by an installment obligation to which this section applies, the net proceeds of the secured indebted-101 STAT. 1330–392ness shall be treated as a payment received on such installment obligation as of the later of— “(A) the time the indebtedness becomes secured indebtedness, or “(B) the proceeds of such indebtedness are received by the taxpayer. “(2) Limitation based on total contract price.— The amount treated as received under paragraph
(1)by reason of any secured indebtedness shall not exceed the excess (if any) of— “(A) the total contract price, over “(B) any portion of the total contract price received under the contract before such secured indebtedness was incurred (including amounts previously treated as received under paragraph
(1)but not including amounts not taken into account by reason of paragraph (3)). “(3) Later payments treated as receipt of tax paid amounts.— If any amount is treated as received under paragraph
(1)with respect to any installment obligation, subsequent payments received on such obligation shall not be taken into account for purposes of section 453 to the extent that the aggregate of such subsequent payments does not exceed the aggregate amount treated as received under paragraph (1). “(4) Secured indebtedness.— For purposes of this subsection indebtedness is secured by an installment obligation to the extent that payment of principal or interest on such indebtedness is directly secured (under the terms of the indebtedness or any underlying arrangements) by any interest in such installment obligation.” "
(2)Clerical amendment.— The table of sections for subpart B of part II of subchapter E of chapter 1 is amended by striking out the item relating to section 453A and inserting in lieu thereof the following new item: " “Sec. 453A. Special rules for nondealers of real property.” "
(3)Conforming amendments.— Sections 381(c)(8) and 691(a)(4) and
(5)are each amended by striking out “or 453A” each place it appears.
(d)Minimum Tax.— Paragraph
(6)of section 56(a) (relating to installment sales of certain property) is amended to read as follows: " “(6) Installment sales of certain property.— In the case of any disposition after March 1, 1986, of any property described in section 1221(1), income from such disposition shall be determined without regard to the installment method under section 453. This paragraph shall not apply to any disposition with respect to which an election is in effect under section 453(l)(2)(B).” "
(e)[26 USC 453](/us/usc/t26/s453) note. Effective Dates.—
(1)In general.— Except as provided in this subsection, the amendments made by this section shall apply to dispositions in taxable years beginning after December 31, 1987.
(2)Special rules for dealers.—
(A)In general.— In the case of dealer dispositions (within the meaning of section 453A of the Internal Revenue Code of 1986), the amendments made by subsections
(a)and
(b)shall apply to installment obligations arising from dispositions after December 31, 1987. 101 STAT. 1330–393
(B)Special rules for obligations arising from dealer dispositions after february 28, 1986, and before january 1, 1988.—
(i)In general.— In the case of an applicable installment obligation arising from a disposition described in subclause
(I)or
(II)of section 453C(e)(1)(A)(i) of the Internal Revenue Code of 1986 (as in effect before the amendments made by this section) before January 1, 1988, the amendments made by subsections
(a)and
(b)shall apply to taxable years beginning after December 31, 1987.
(ii)Change in method of accounting.— In the case of any taxpayer who is required by clause
(i)to change its method of accounting for any taxable year with respect to obligations described in clause (i)—
(I)such change shall be treated as initiated by the taxpayer,
(II)such change shall be treated as made with the consent of the Secretary of the Treasury or his delegate, and
(III)the net amount of adjustments required by section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period not longer than 4 taxable years.
(3)Special rule for nondealers.—
(A)Election.— A taxpayer may elect, at such time and in such manner as the Secretary of the Treasury or his delegate may prescribe, to have the amendments made by subsections
(a)and
(c)apply to taxable years ending after December 31, 1986, with respect to dispositions and pledges occurring after August 16, 1986.
(B)Pledging rules.— Except as provided in subparagraph (A)—
(i)In general.— Section 453A(d) of the Internal Revenue Code of 1986 shall apply to any installment obligation which is pledged to secure any secured indebtedness (within the meaning of section 453A(d)(4) of such Code) after December 17, 1987, in taxable years ending after such date.
(ii)Coordination with section 453c.— For purposes of section 453C of such Code (as in effect before its repeal), the face amount of any obligation to which section 453A(d) of such Code applies shall be reduced by the amount treated as payments on such obligation under section 453A(d) of such Code and the amount of any indebtedness secured by it shall not be taken into account.
(4)Minimum tax.— The amendment made by subsection
(d)shall apply to dispositions in taxable years beginning after December 31, 1986.
(5)Coordination with tax reform act of 1986.— The amendments made by this section shall not apply to any installment obligation or to any taxpayer during any period to the extent the amendments made by section 811 of the Tax Reform Act of 1986 do not apply to such obligation or during such period. 101 STAT. 1330–394 SEC. 10203. REDUCTION IN PERCENTAGE OF ITEMS TAKEN INTO ACCOUNT UNDER COMPLETED CONTRACT METHOD.
(a)In General.— Section 460(a) (relating to percentage of completion—capitalized cost method) is amended—
(1)by striking out “40 percent” each place it appears in the text and heading thereof and inserting in lieu thereof “70 percent”, and
(2)by striking out “60 percent” and inserting in lieu thereof “30 percent”.
(b)[26 USC 460](/us/usc/t26/s460) note. Effective Dates.—
(1)In general.— Except as provided in paragraph (2), the amendments made by this section shall apply to contracts entered into after October 13, 1987.
(2)Special rule for certain ship contracts.—
(A)In general.— The amendments made by this section shall not apply in the case of a qualified ship contract.
(B)Qualified ship contract.— For purposes of subparagraph (A), the term “qualified ship contract” 107107 Copy read “ ‘qualified ship contract’ ”. means any contract for the construction in the United States of not more than 5 ships if—
(i)such ships will not be constructed (directly or indirectly) for the Federal Government, and
(ii)the taxpayer reasonably expects to complete such contract within 5 years of the contract commencement date (as defined in section 460(g) of the Internal Revenue Code of 1986). SEC. 10204. AMORTIZATION OF PAST SERVICE PENSION COSTS.[26 USC 263A](/us/usc/t26/s263A) note.
(a)In General.— For purposes of sections 263A and 460 of the Internal Revenue Code of 1986, the allocable costs (within the meaning of section 263A(a)(2) or section 460(c) of such Code, whichever is applicable) with respect to any property shall include contributions paid to or under a pension or annuity plan whether or not such contributions represent past service costs.
(b)Effective Date.—
(1)In general.— Except as provided in paragraph (2), subsection
(a)shall apply to costs incurred after December 31, 1987, in taxable years ending after such date.
(2)Special rule for inventory property.— In the case of any property which is inventory in the hands of the taxpayer—
(A)In general.— Subsection
(a)shall apply to taxable years beginning after December 31, 1987.
(B)Change in method of accounting.— If the taxpayer is required by this section to change its method of accounting for any taxable year—
(i)such change shall be treated as initiated by the taxpayer,
(ii)such change shall be treated as made with the consent of the Secretary of the Treasury or his delegate, and
(ii)the net amount of adjustments required by section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period not longer than 4 taxable years. 101 STAT. 1330–395 SEC. 10205. CERTAIN FARM CORPORATIONS REQUIRED TO USE ACCRUAL METHOD OF ACCOUNTING.
(a)General Rule.— Section 447 (relating to method of accounting for corporations engaged in farming) is amended by striking out subsections
(c)and (e), by redesignating subsection
(d)as subsection (e), and by inserting after subsection
(b)the following new subsections: " “(c) Exception for Certain Corporations.— For purposes of subsection (a), a corporation shall be treated as not being a corporation if it is— “(1) an S corporation, or “(2) a corporation the gross receipts of which meet the requirements of subsection (d). “(d) Gross Receipts Requirements.— “(1) In general.— A corporation meets the requirements of this subsection if, for each prior taxable year beginning after December 31, 1975, such corporation (and any predecessor corporation) did not have gross receipts exceeding $1,000,000. For purposes of the preceding sentence, all corporations which are members of the same controlled group of corporations (within the meaning of section 1563(a)) shall be treated as 1 corporation. “(2) Special rules for family corporations.— “(A) In general.— In the case of a family corporation, paragraph
(1)shall be applied— “(i) by substituting ‘December 31, 1985,’ for ‘December 31, 1975,’; and “(ii) by substituting ‘$25,000,000’ for ‘$1,000,000’. “(B) Gross receipts test.— “(i) Controlled groups.— Notwithstanding the last sentence of paragraph (1), in the case of a family corporation— “(I) except as provided by the Secretary, only the applicable percentage of gross receipts of any other member of any controlled group of corporations of which such corporation is a member shall be taken into account, and “(II) under regulations, gross receipts of such corporation or of another member of such group shall not be taken into account by such corporation more than once. “(ii) Pass-thru entities.— For purposes of paragraph (1), if a family corporation holds directly or indirectly any interest in a partnership, estate, trust or other pass-thru entity, such corporation shall take into account its proportionate share of the gross receipts of such entity. “(iii) Applicable percentage.— For purposes of clause (i), the term ‘applicable percentage’ means the percentage equal to a fraction— “(I) the numerator of which is the fair market value of the stock of another corporation held directly or indirectly as of the close of the taxable year by the family corporation, and “(II) the denominator of which is the fair market value of all stock of such corporation as of such time. 101 STAT. 1330–396 For purposes of this clause, the term ‘stock’ does not include stock described in section 1563(c)(1).108108 Copy read “1563(c)(1).” “(C) Family corporation.— For purposes of this section,108a108a Copy read “section.”. the term ‘family corporation’ means— “(i) any corporation if at least 50 percent of the total combined voting power of all classes of stock entitled to vote, and at least 50 percent of all other classes of stock of the corporation, are owned by members of the same family, and “(ii) any corporation described in subsection (h).” "
(b)Suspense Account in Lieu of 481 Adjustments.— Section 447 is amended by adding at the end thereof the following new subsection: " “(i) Suspense Account for Family Corporations.— “(1) In general.— If any family corporation is required by this section to change its method of accounting for any taxable year (hereinafter in this subsection referred to as the ‘year of the change’), notwithstanding subsection (f), such corporation shall establish a suspense account under this subsection in lieu of taking into account adjustments under section 481(a) with respect to amounts included in the suspense account. “(2) Initial opening balance.— The initial opening balance of the account described in paragraph
(1)shall be the lesser of— “(A) the net adjustments which would have been required to be taken into account under section 481 but for this subsection, or “(B) the amount of such net adjustments determined as of the beginning of the taxable year preceding the year of change. If the amount referred to in subparagraph
(A)exceeds the amount referred to in subparagraph (B), notwithstanding paragraph (1), such excess shall be included in gross income in the year of the change. “(3) Reduction in account if farming business contracts.— If— “(A) the gross receipts of the corporation from the trade or business of farming for the year of the change or any subsequent taxable year, is less than “(B) such gross receipts for the taxpayer’s last taxable year beginning before the year of the change (or for the most recent taxable year for which a reduction in the suspense account was made under this paragraph), the amount in the suspense account (after taking into account prior reductions) shall be reduced by the percentage by which the amount described in subparagraph
(A)is less than the amount described in subparagraph (B). “(4) Income inclusion.— Any reduction in the suspense account under paragraph
(3)shall be included in gross income for the taxable year of the reduction. “(5) Inclusion where corporation ceases to be a family corporation.— “(A) In general.— If the corporation ceases to be a family corporation during any taxable year, the amount in the suspense account (after taking into account prior reduc-101 STAT. 1330–397tions) shall be included in gross income for such taxable year. “(B) Special rule for certain transfers.— For purposes of subparagraph (A), any transfer in a corporation after December 15, 1987, shall be treated as a transfer to a person whose ownership could not qualify such corporation as a family corporation unless it is a transfer— “(i) to a member of the family of the transferor, or “(ii) in the case of a corporation described in subsection (h), to a member of a family which on December 15, 1987, held stock in such corporation which qualified the corporation under subsection (h). “(6) Subchapter c transactions.— The application of this subsection with respect to a taxpayer which is a party to any transaction with respect to which there is nonrecognition of gain or loss to any party by reason of subchapter C shall be determined under regulations prescribed by the Secretary.” "
(c)Technical Amendments.—
(1)Subsection
(e)of section 447 (as redesignated by subsection (a)) is amended by striking out “subsection (c)(2)” and inserting in lieu thereof “subsection (d)”.
(2)Paragraph
(1)of section 447(h) is amended—
(A)by striking out “This section shall not apply to any corporation” and inserting in lieu thereof “A corporation is described in this subsection”,
(B)by striking out “subsection (d)” each place it appears and inserting in lieu thereof “subsection (e)”, and
(C)by striking out “subsection (d)(1)” each place it appears and inserting in lieu thereof “subsection (e)(1)”.
(d)Effective Date.— The amendments made by this section shall[26 USC 447](/us/usc/t26/s447) note. apply to taxable years beginning after December 31, 1987. SEC. 10206. ENTITIES MAY ELECT TAXABLE YEARS OTHER THAN REQUIRED TAXABLE YEAR.
(a)Election of Different Year.—
(1)In general.— Part I of subchapter E of chapter 1 (relating to accounting periods) is amended by adding at the end thereof the following new section:109109 Copy read “section.”. " “SEC. 444. ELECTION OF TAXABLE YEAR OTHER THAN REQUIRED TAXABLE YEAR.[26 USC 444](/us/usc/t26/s444). “(a) General Rule.— Except as provided in subsections
(b)and (c), a partnership, S corporation, or personal service corporation may elect to have a taxable year other than the required taxable year. “(b) Limitations on Taxable Years Which May Be Elected.— “(1) In general.— Except as provided in paragraphs
(2)and (3), an election may be made under subsection
(a)only if the deferral period of the taxable year elected is not longer than 3 months. “(2) Changes in taxable year.— Except as provided in paragraph (3), in the case of an entity changing a taxable year, an election may be made under subsection
(a)only if the deferral period of the taxable year elected is not longer than the shorter of— “(A) 3 months, or 101 STAT. 1330–398 “(B) the deferral period of the taxable year which is being changed. “(3) Special rule for entities retaining 1986 taxable years.— In the case of an entity’s 1st taxable year beginning after December 31, 1986, an entity may elect a taxable year under subsection
(a)which is the same as the entity’s last taxable year beginning in 1986. “(4) Deferral period.— For purposes of this subsection, the term ‘deferral period’ means, with respect to any taxable year of the entity, the months between— “(A) the beginning of such year, and “(B) the close of the 1st required taxable year ending within such year. “(c) Effect of Election.— If an entity makes an election under subsection (a), then— “(1) in the case of a partnership or S corporation, such entity shall make the payments required by section 7519, and “(2) in the case of a personal service corporation, such corporation shall be subject to the deduction limitations of section 280H. “(d) Elections.— “(1) Person making election.— An election under subsection
(a)shall be made by the partnership, S corporation, or personal service corporation. “(2) Period of election.— “(A) In general.— Any election under subsection
(a)shall remain in effect until the partnership, S corporation, or personal service corporation changes its taxable year. Any change to a required taxable year may be made without the consent of the Secretary. “(B) No further election.— If an election is terminated under subparagraph (A), the partnership, S corporation, or personal service corporation may not make another election under subsection (a). “(3) Tiered structures, etc.— No election may be made under subsection
(a)with respect to an entity which is part of a tiered structure other than a tiered structure comprised of 1 or more partnerships or S corporations all of which have the same taxable year. “(e) Required Taxable Year.— For purposes of this section, the term ‘required taxable year’ means the taxable year determined under section 706(b), 1378, or 44l(i) without taking into account any taxable year which is allowable by reason of business purposes. Solely for purposes of the preceding sentence, sections 706(b), 1378, and 441(i) shall be treated as in effect for taxable years beginning before January 1, 1987. “(f) Regulations.— The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section, including regulations to prevent the avoidance of subsection (h)(2)(B) or (d)(2)(B) through the change in form of an entity.” "
(2)Conforming amendment.— The table of sections for part I of subchapter E of chapter 1 is amended by adding at the end thereof the following new item: " “Sec. 444. Election of taxable year other than required taxable year.” "
(b)Required Payments.— 101 STAT. 1330–399
(1)In general.— Chapter 77 is amended by adding at the end thereof the following new section: " “SEC. 7519. REQUIRED PAYMENTS FOR ENTITIES ELECTING NOT TO HAVE REQUIRED TAXABLE YEAR.[26 USC 7519](/us/usc/t26/s7519). “(a) General Rule.— This section applies to a partnership or S corporation for any taxable year, if— “(1) an election under section 444 is in effect for the taxable year, and “(2) the required payment determined under subsection
(b)for such taxable year (or any preceding taxable year) exceeds $500. “(b) Required Payment.— For purposes of this section, the term ‘required payment’ means, with respect to any applicable election year of a partnership or S corporation, an amount equal to— “(1) the excess of the product of— “(A) the applicable percentage of the adjusted highest section 1 rate, multiplied by “(B) the net base year income of the entity, over “(2) the amount of the required payment for the preceding applicable election year. For purposes of paragraph (1)(A), the term ‘adjusted highest section 1 rate’ means the highest rate of tax in effect under section 1 as of the end of the base year plus 1 percentage point (or, in the case of applicable election years beginning in 1987, 36 percent). “(c) Refund of Payments.— If the amount determined under subsection (b)(2) exceeds the amount determined under subsection (b)(1), then the entity shall be entitled to a refund of such excess. “(d) Net Base Year Income.— For purposes of this section— “(1) In general.— An entity’s net base year income shall be equal to the sum of— “(A) the deferral ratio multiplied by the entity’s net income for the base year, plus “(B) the excess (if any) of— “(i) the deferral ratio multiplied by the aggregate amount of applicable payments made by the entity during the base year, over “(ii) the aggregate amount of such applicable payments made during the deferral period of the base year. For purposes of this paragraph, the term ‘deferral ratio’ means the ratio which the number of months in the deferral period of the base year bears to the number of months in the partnership’s or S corporation’s taxable year. “(2) Net income.— Net income is determined by taking into account the aggregate amount of the following items— “(A) Partnerships.— In the case of a partnership, net income shall be the amount (not below zero) determined by taking into account the aggregate amount of the partnership’s items described in section 702(a) (other than credits). “(B) S corporations.— In the case of an S corporation, net income shall be the amount (not below zero) determined by taking into account the aggregate amount of the S corporation’s items described in section 1366(a) (other than credits). If the S corporation was a C corporation for the base year, its taxable income for such year shall be treated as its net income for such year. “(C) Certain limitations disregarded.— For purposes of subparagraph
(A)or (B), any limitation on the amount of 101 STAT. 1330–400any item described in either such paragraph which may be taken into account for purposes of computing the taxable income of a partner or shareholder shall be disregarded. “(3) Applicable payments.— “(A) In general.— The term ‘applicable payment’ means amounts paid or incurred by a partnership or S corporation which are includible in gross income of a partner or shareholder. “(B) Exceptions.— The term ‘applicable payment’ shall not include any— “(i) gain from the sale or exchange of property between the partner or shareholder and the partnership or S corporation, and “(ii) dividend paid by the S corporation. “(4) Applicable percentage.— The applicable percentage is the percentage determined in accordance with the following table: **“If the applicable election year of the partnership or S corporation begins during:** **The applicable percentage is:** 1987 25 1988 50 1989 75 1990 or thereafter 100. “(e) Other Definitions and Special Rules.— For purposes of this section— “(1) Deferral period.— The term ‘deferral period’ has the meaning given to such term by section 444(b)(4). “(2) Years.— “(A) Base year.— The term ‘base year’ means, with respect to any applicable election year, the taxable year of the partnership or S corporation preceding such applicable election year. “(B) Applicable election year.— The term ‘applicable election year’ means any taxable year of a partnership or S corporation with respect to which an election is in effect under section 444. “(3) Requirement of reporting.— Each partnership or S corporation which makes an election under section 444 shall include on any required return or statement such information as the Secretary shall prescribe as is necessary to carry out the provisions of this section.
(f)Administrative Provisions.— “(1) Regulations. In general.— Except as otherwise provided in this subsection or in regulations prescribed by the Secretary, any payment required by this section shall be assessed and collected in the same manner as if it were a tax imposed by subtitle C. “(2) Due date.— The amount of any payment required by this section shall be paid on or before April 15 of the calendar year following the calendar year in which the applicable election year begins (or such later date as may be prescribed by the Secretary). “(3) Interest.— For purposes of determining interest, any payment required by this section shall be treated as a tax; except that no interest shall be allowed with respect to any refund of a payment made under this section. “(4) Penalties.— 101 STAT. 1330–401 “(A) In general.— In the case of any failure by any person to pay on the date prescribed therefor any amount required by this section, there shall be imposed on such person a penalty of 10 percent of the underpayment. For purposes of the preceding sentence, the term ‘underpayment’ means the excess of the amount of the payment required under this section over the amount (if any) of such payment paid on or before the date prescribed therefor. “(B) Negligence and fraud penalties made applicable.— For purposes of section 6653, any payment required by this section shall be treated as a tax. “(C) Willful 110110 Copy read “Willfull” failure.— If any partnership or S corporation willfully fails to comply with the requirements of this section, section 444 shall cease to apply with respect to such partnership or S corporation. “(g) Regulations.— The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the provisions of this section and section 280H, including regulations for annualizing the income and applicable payments of an entity if the base year is a taxable year of less than 12 months.” "
(2)Conforming amendment.— The table of sections for chapter 77 is amended by adding at the end thereof the following new item: " “Sec. 7519. Required payments for entities electing not to have required taxable year.” "
(c)Deduction Limitations.—
(1)In general.— Part IX of subchapter B of chapter 1 (relating to items not deductible) is amended by adding at the end thereof the following new section: " “SEC. 280H. LIMITATION ON CERTAIN AMOUNTS PAID TO EMPLOYEE-OWNERS BY PERSONAL SERVICE CORPORATIONS ELECTING ALTERNATIVE TAXABLE YEARS.[26 USC 280H](/us/usc/t26/s280H). “(a) General Rule.— If— “(1) an election by a personal service corporation under section 444 is in effect for a taxable year, and “(2) such corporation does not meet the minimum distribution requirements of subsection
(c)for such taxable year, then the deduction otherwise allowed under this chapter for applicable amounts paid or incurred by such corporation to employee-owners shall not exceed the maximum deductible amount. The preceding sentence shall not apply for purposes of subchapter G (relating to personal holding companies). “(b) Carryover of Nondeductible Amounts.— If any amount is not allowed as a deduction for a taxable year under subsection (a), such amount shall be treated as paid or incurred in the succeeding taxable year. “(c) Minimum Distribution Requirement.— For purposes of this section— “(1) In general.— A personal service corporation meets the minimum distribution requirements of this subsection if the applicable amounts paid or incurred during the deferral period 101 STAT. 1330–402of the taxable year (determined without regard to subsection (b)) equal or exceed the lesser of— “(A) the product of— “(i) the applicable amounts paid or incurred during the preceding taxable year, divided by the number of months in such taxable year, multiplied by “(ii) the number of months in the deferral period of the preceding taxable year, or “(B) the applicable percentage of the adjusted taxable income for the deferral period of the taxable year. “(2) Applicable percentage.— 110110a Copy read “Percentage.—”. The term ‘applicable percentage’ means the percentage (not in excess of 95 percent) determined by dividing— “(A) the applicable amounts paid or incurred during the 3 taxable years immediately preceding the taxable year, by “(B) the adjusted taxable income of such corporation for such 3 taxable years. “(d) Maximum Deductible Amount.— For purposes of this section, the term ‘maximum deductible amount’ means the sum of— “(1) the applicable amounts paid or incurred during the deferral period, plus “(2) an amount equal to the product of— “(A) the amount determined under paragraph (1), divided by the number of months in the deferral period, multiplied by “(B) the number of months in the nondeferral period. “(e) Disallowance of Net Operating Loss Carrybacks.— No net operating loss carryback shall be allowed to (or from) any taxable year of a personal service corporation to which an election under section 444 applies. “(f) Other Definitions and Special Rules.— For purposes of this section— “(1) Applicable amount.— The term ‘applicable amount’ means any amount paid to an employee-owner which is includible in the gross income of such employee, other than— “(A) any gain from the sale or exchange of property between the owner-employee and the corporation, or “(B) any dividend paid by the corporation. “(2) Employee-owner.— The term ‘employee-owner’ has the meaning given such term by section 296A(b)(2). “(3) Nondeferral and deferral periods.— “(A) Deferral period.— The term ‘deferral period’ has the meaning given to such term by section 444(b)(4). “(B) Nondeferral period.— The term ‘nondeferral period’ means the portion of the taxable year of the personal service corporation which occurs after the portion of such year constituting the deferral period. 111111 Copy read “period.’ ”. “(4) Adjusted taxable income.— The term ‘adjusted taxable income’ means taxable income increased by any amount paid or incurred to an employee-owner which was includible in the gross income of such employee-owner.” "
(2)Clerical amendment.— The table of sections for part IX of subchapter B of chapter 1 is amended by adding at the end thereof the following item: 101 STAT. 1330–403 " “Sec. 280H. Limitation on certain amounts paid to owner-employees by personal service corporations electing alternative taxable years.” "
(d)Effective Dates.—[26 USC 444](/us/usc/t26/s444) note.
(1)In general.— Except as provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 1986.
(2)Required payments.— The amendments made by subsection
(b)shall apply to applicable election years beginning after December 31, 1986.
(3)Elections.— Any election under section 444 of the Internal Revenue Code of 1986 (as added by subsection (a)) for an entity’s 1st taxable year beginning after December 31, 1986, shall not be required to be made before the 90th day after the date of the enactment of this Act.
(4)Special rule for existing entities electing s corporation status.— If a C corporation (within the meaning of section 1361(a)(2)112112 Copy read “1361(a)(2))”. of the Internal Revenue Code of 1986) with a taxable year other than the calendar year—
(A)made an election after September 18, 1986, and before January 1, 1988, under section 1362 of such Code to be treated as an S corporation, and
(B)elected to have the calendar year as the taxable year of the S corporation, then section 444(b)(2)(B) of such Code shall be applied by taking into account the deferral period of the last taxable year of the C corporation rather than the deferral period of the taxable year being changed. **PART II—** **PARTNERSHIP PROVISIONS** SEC. 10211. CERTAIN PUBLICLY TRADED PARTNERSHIPS TREATED AS CORPORATIONS.
(a)General Rule.— Chapter 79 (relating to definitions) is amended by adding at the end thereof the following new section: " “SEC. 7704. CERTAIN PUBLICLY TRADED PARTNERSHIPS TREATED AS CORPORATIONS.[26 USC 7704](/us/usc/t26/s7704). “(a) General Rule.— For purposes of this title, except as provided in subsection (c), a publicly traded partnership shall be treated as a corporation. “(b) Publicly Traded Partnership.— For purposes of this section, the term ‘publicly traded partnership’ means any partnership if— “(1) interests in such partnership are traded on an established securities market, or “(2) interests in such partnership are readily tradable on a secondary market (or the substantial equivalent thereof). “(c) Exception for Partnerships With Passive-Type Income.— “(1) In general.— Subsection
(a)shall not apply to any publicly traded partnership for any taxable year if such partnership met the gross income requirements of paragraph
(2)for such taxable year and each preceding taxable year beginning after December 31, 1987, during which the partnership (or any predecessor) was in existence. “(2) Gross income requirements.— A partnership meets the gross income requirements of this paragraph for any taxable 101 STAT. 1330–404year if 90 percent or more of the gross income of such partnership for such taxable year consists of qualifying income. “(3) Exception not to apply to certain partnerships which could qualify as regulated investment companies.— This subsection shall not apply to any partnership which would be described in section 851(a) if such partnership were a domestic corporation. To the extent provided in regulations, the preceding sentence shall not apply to any partnership a principal activity of which is the buying and selling of commodities (not described in section 1221(1)), or options, futures, or forwards with respect to commodities. “(d) Qualifying Income.— For purposes of this section— “(1) In general.— Except as otherwise provided in this subsection, the term ‘qualifying income’ means— “(A) interest, “(B) dividends, “(C) real property rents, “(D) gain from the sale or other disposition of real property (including property described in section 1221(1)), “(E) income and gains derived from the exploration, development, mining or production, processing, refining, transportation (including pipelines transporting gas, oil, or products thereof), or the marketing of any mineral or natural resource (including fertilizer, geothermal energy, and timber), “(F) any gain from the sale or disposition of a capital asset (or property described in section 1231(b)) held for the production of income described in any of the foregoing subparagraphs of this paragraph, and “(G) in the case of a partnership described in the second sentence of subsection (c)(3), income and gains from commodities (not described in section 1221(1)) or futures, forwards, and options with respect to commodities. “(2) Certain interest not qualified.— Interest shall not be treated as qualifying income if— “(A) such interest is derived in the conduct of a financial or insurance business, or “(B) such interest would be excluded from the term ‘interest’ under section 856(D. “(3) Real property rent.— The term ‘real property rent’ means amounts which would qualify as rent from real property under section 856(d) if such section were applied without regard to paragraph (2)(C) thereof (relating to independent contractor requirements). “(4) Certain income qualifying under regulated investment company or real estate trust provisions.— The term ’qualifying income’ also includes any income which would qualify under section 851(b)(2) or 856(c)(2). “(5) Special rule for determining gross income from certain real property sales.— In the case of the sale or other disposition of real property described in section 1221(1), gross income shall not be reduced by inventory costs. “(e) Inadvertent Terminations.— If— “(1) a partnership fails to meet the gross income requirements of subsection (c)(2), “(2) the Secretary determines that such failure was inadvertent, 101 STAT. 1330–405 “(3) no later than a reasonable time after the discovery of such failure, steps are taken so that such partnership once more meets such gross income requirements, and “(4) such partnership agrees to make such adjustments (including adjustments with respect to the partners) as may be required by the Secretary with respect to such period, then, notwithstanding such failure, such entity shall be treated as continuing to meet such gross income requirements for such period. “(f) Effect of Becoming Corporation.— As of the 1st day that a partnership is treated as a corporation under this section, for purposes of this title, such partnership shall be treated as— “(1) transferring all of its assets (subject to its liabilities) to a newly formed corporation in exchange for the stock of the corporation, and “(2) distributing such stock to its partners in liquidation of their interests in the partnership.” "
(b)Clerical Amendment.— The table of sections for chapter 79 is amended by adding at the end thereof the following new item: " “Sec. 7704. Certain publicly traded partnerships treated as corporations.” "
(c)Effective Date.—[26 USC 7704](/us/usc/t26/s7704) note.
(1)In general.— The amendments made by this section shall apply—
(A)except as provided in subparagraph (B), to taxable years beginning after December 31, 1987, or
(B)in the case of an existing partnership, to taxable years beginning after December 31, 1997.
(2)Existing partnership.— For purposes of this subsection—
(A)In general.— The term “existing partnership” means any partnership if—
(i)such partnership was a publicly traded partnership on December 17, 1987,
(ii)a registration statement indicating that such partnership was to be a publicly traded partnership was filed with the Securities and Exchange Commission with respect to such partnership on or before such date, or
(iii)with respect to such partnership, an application was filed with a State regulatory commission on or before such date seeking permission to restructure a portion of a corporation as a publicly traded partnership.
(B)Special rule where substantial new line of business added after december 17, 1987.— A partnership which, but for this subparagraph, would be treated as an existing partnership shall cease to be treated as an existing partnership as of the 1st day after December 17, 1987, on which there has been an addition of a substantial new line of business with respect to such partnership. SEC. 10212. TREATMENT OF PUBLICLY TRADED PARTNERSHIPS UNDER SECTION 469.
(a)General Rule.— Section 469 (relating to passive activity losses and credits limited) is amended by redesignating subsections
(k)and
(1)as subsections
(1)and (m), respectively, and by inserting after subsection
(j)the following new subsection: " 101 STAT. 1330–406 “(k) Separate Application of Section in Case of Publicly Traded Partnerships — “(1) In general.— This section shall be applied separately with respect to items attributable to each publicly traded partnership (and subsection
(i)shall not apply with respect to items attributable to any such partnership). The preceding sentence shall not apply to any credit determined under section 42, or any rehabilitation investment credit (within the meaning of section 48(o)), attributable to a publicly traded partnership to the extent the amount of any such credits exceeds the regular tax liability attributable to income from such partnership. “(2) Publicly traded partnership.— For purposes of this section, the term ‘publicly traded partnership’ means any partnership if— “(A) interests in such partnership are traded on an established securities market, or “(B) interests in such partnership are readily tradable on a secondary market (or the substantial equivalent thereof).” "
(b)Conforming Amendments.— Paragraph
(3)of section 58(b) and subparagraph
(E)of section 163(d)(4) are each amended by striking out “469(l)” and inserting in lieu thereof “469(m)”.
(c)[26 USC 58](/us/usc/t26/s58) note. Effective Date.— The amendments made by this section shall take effect as if included in the amendments made by section 501 of the Tax Reform Act of 1986. SEC. 10213. TREATMENT OF PUBLICLY TRADED PARTNERSHIPS FOR UNRELATED BUSINESS TAX.
(a)General Rule.— Subsection
(c)of section 512 (relating to special rules for partnerships) is amended to read as follows: " “(c) Special Rules for Partnerships.— “(1) In general.— If a trade or business regularly carried on by a partnership of which an organization is a member is an unrelated trade or business with respect to such organization, such organization in computing its unrelated business taxable income shall, subject to the exceptions, additions, and limitations contained in subsection (b), include its share (whether or not distributed) of the gross income of the partnership from such unrelated trade or business and its share of the partnership deductions directly connected with such gross income. “(2) Special rule for publicly traded partnerships.— Notwithstanding any other provision of this section— “(A) any organization’s share (whether or not distributed) of the gross income of a publicly traded partnership (as defined in section 469(k)(2)) shall be treated as gross income derived from an unrelated trade or business, and “(B) such organization’s share of the partnership deductions shall be allowed in computing unrelated business taxable income. “(3) Special rule where partnership year is different from organization’s year.— If the taxable year of the organization is different from that of the partnership, the amounts to be included or deducted in computing the unrelated business taxable income under paragraph
(1)or
(2)shall be based upon the income and deductions of the partnership for any taxable year of the partnership ending within or with the taxable year of the organization.” " 101 STAT. 1330–407
(b)Effective Date.— The amendment made by subsection (a)[26 USC 512](/us/usc/t26/s512) note. shall apply to partnership interests acquired after December 17, 1987. SEC. 10214. TREATMENT OF CERTAIN PARTNERSHIP ALLOCATIONS.
(a)General Rule.— Clause
(vi)of section 514(c)(9)(B) is amended to read as follows: " “(vi) the real property is held by a partnership unless the partnership meets the requirements of clauses
(i)through
(v)and unless— “(I) all of the partners of the partnership are qualified organizations, “(II) each allocation to a partner of the partnership which is a qualified organization is a qualified allocation (within the meaning of section 168(h)(6)), or “(III) such partnership meets the requirements of subparagraph (E).” "
(b)Certain Allocations Permitted.— Paragraph
(9)of section 514(c) is amended by adding at the end thereof the following new subparagraph: " “(E) Certain allocations permitted.— “(i) In general.— A partnership meets the requirements of this subparagraph if— “(I) the allocation of items to any partner other than a qualified organization cannot result in such partner having a share of the overall partnership loss for any taxable year greater than such partner’s share of the overall partnership income for the taxable year for which such partner’s income share will be the smallest, “(II) the allocation of items to any partner which is a qualified organization cannot result in such partner having a share of the overall partnership income for any taxable year greater than such partner’s share of the overall partnership loss for the taxable year for which such partner’s loss share will be the smallest, and “(III) each allocation with respect to the partnership has substantial economic effect within the meaning of section 704(b)(2). For purposes of this clause, items allocated under section 704(c) shall not be taken into account. “(ii) Special rules.— “(I) Chargebacks.— Except as provided in regulations, a partnership may without violating the requirements of this subparagraph provide for chargebacks with respect to disproportionate losses previously allocated to qualified organizations and disproportionate income previously allocated to other partners. Any chargeback referred to in the preceding sentence shall not be at a ratio in excess of the ratio under which the loss or income (as the case may be) was allocated. “(II) Preferred rates of return, etc.— To the extent provided in regulations, a partnership may without violating the requirements of this subpara-101 STAT. 1330–408graph provide for reasonable preferred returns or reasonable guaranteed payments.” "
(c)[26 USC 514](/us/usc/t26/s514) note. Effective Date.— The amendments made by this section shall apply to—
(1)property acquired by the partnership after October 13, 1987, and
(2)partnership interests acquired after October 13, 1987, except that such amendments shall not apply in the case of any property (or partnership interest) acquired pursuant to a written binding contract in effect on October 13, 1987, and at all times thereafter before such property (or interest) is acquired. SEC. 10215. STUDY. The Secretary of the Treasury or his delegate shall conduct a study of—
(1)the issue of treating publicly traded limited partnerships (and other partnerships which significantly resemble corporations) as corporations for Federal income tax purposes, including the issues of disincorporation and opportunities for avoidance of the corporate tax, and
(2)the administrative and compliance issues related to the tax treatment of publicly traded partnerships and other large partnerships. Reports.Not later than January 1, 1989, the Secretary of the Treasury or his delegate shall submit a report on such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, together with such recommendations as he may deem appropriate. Not later than May 1, 1988, an interim report with respect to the issues referred to in paragraph
(2)shall be submitted to such Committees. **PART III—** **CORPORATE PROVISIONS** SEC. 10221. REDUCTION IN DIVIDENDS RECEIVED DEDUCTION FOR DIVIDENDS FROM CORPORATIONS NOT 20-PERCENT OWNED.
(a)General Rule.— The following provisions are each amended by striking out “80 percent” and inserting in lieu thereof “70 percent”:
(1)Section 243(a)(1) (relating to dividends received by corporations).
(2)Subsections (a)(3) and (b)(2) of section 244 (relating to dividends received on certain preferred stock).
(b)Retention of 80-Percent Dividends Received Deduction for Dividends From 20-Percent Owned Corporations.— Section 243 is amended by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively, and by inserting after subsection
(b)the following new subsection: " " “(c) Retention of 80-Percent Dividends Received Deduction for Dividends From 20-Percent Owned Corporations.— “(1) In general.— In the case of any dividend received from a 20-percent owned corporation— “(A) subsection (a)(1) of this section, and “(B) subsections (a)(3) and (b)(2) of section 244, shall be applied by substituting ‘80 percent’ for ‘70 percent’. “(2) 20-percent owned corporation.— For purposes of this section, the term ‘20-percent owned corporation’ means any corporation if 20 percent or more of the stock of such corpora-101 STAT. 1330–409tion (by vote and value) is owned by the taxpayer. For purposes of the preceding sentence, stock described in section 1504(a)(4) shall not be taken into account.”
(c)Modifications to Taxable Year Limitations.—
(1)Subsection
(b)of section 246 (relating to limitation on aggregate amount of deductions) is amended—
(A)by striking out “80 percent” in paragraph
(1)and inserting in lieu thereof “the percentage determined under paragraph (3)”, and
(B)by adding at the end thereof the following new paragraph: " “(3) Special rules.— The provisions of paragraph
(1)shall be applied— “(A) first separately with respect to dividends from 20-percent owned corporations (as defined in section 243(c)(2)) and the percentage determined under this paragraph shall be 80 percent, and “(B) then separately with respect to dividends not from 20-percent owned corporations and the percentage determined under this paragraph shall be 70 percent and the taxable income shall be reduced by the aggregate amount of dividends from 20-percent owned corporations (as so defined).” "
(2)Subparagraph
(B)of section 805(a)(4) is amended by striking out “shall be 80 percent of the life insurance company taxable income” and inserting in lieu thereof “shall be the percentage determined under section 246(b)(3) of the life insurance company taxable income (and such limitation shall be applied as provided in section 246(b)(3))”.
(d)Conforming Amendments.—
(1)Subparagraph
(B)of section 245(c)(1) is amended by striking out “85 percent” and inserting in lieu thereof “70 percent (80 percent in the case of dividends from a 20-percent owned corporation as defined in section 243(c)(2))”.
(2)Paragraph
(1)of section 246A(a) is amended by striking out “80 percent” and inserting in lieu thereof “70 percent (80 percent in the case of any dividend from a 20-percent owned corporation as defined in section 243(c)(2))”.
(3)Subparagraph
(A)of section 854(b)(1) is amended by inserting before the period at the end thereof the following: “and such dividend shall be treated as received from a corporation which is not a 20-percent owned corporation”.
(4)Paragraph
(2)of section 861(a) is amended—
(A)by striking out “100/85th” and inserting in lieu thereof “100/70th”, and
(B)by adding at the end thereof the following new sentence: " “In the case of any dividend from a 20-percent owned corporation (as defined in section 243(c)(2)), subparagraph
(B)shall be applied by substituting ‘100/80th’ for ‘100/70th’.” "
(e)Effective Dates.—[26 USC 243](/us/usc/t26/s243) note.
(1)In general.— Except as provided in paragraph (2), the amendments made by this section shall apply to dividends received or accrued after December 31, 1987, in taxable years ending after such date. 101 STAT. 1330–410
(2)Amendments relating to limitations.— The amendments made by subsection
(b)shall apply to taxable years beginning after December 31, 1987. SEC. 10222. CERTAIN EARNINGS AND PROFITS ADJUSTMENTS NOT TO APPLY FOR CERTAIN PURPOSES.
(a)Special Rule for Determining Adjusted Basis of Stock of Members of Affiliated Group.—
(1)In general.— Section 1503 (relating to computation and payment of tax by affiliated group) is amended by adding at the end thereof the following new subsection: " “(e) Special Rule for Determining Adjustments to Basis.— “(1) In general.— Solely for purposes of determining gain or loss on the disposition of intragroup stock, in determining the adjustments to the basis of such intragroup stock on account of the earnings and profits of any member of an affiliated group for any consolidated year— “(A) such earnings and profits shall be determined as if section 312 were applied for such taxable year (and all preceding consolidated years of the member with respect to such group) without regard to subsections
(k)and
(n)thereof, and “(B) earnings and profits shall not include any amount excluded from gross income under section 108 to the extent the amount so excluded was not applied to reduce tax attributes (other than basis in property). “(2) Definitions.— For purposes of this subsection— “(A) Intragroup stock.— The term ‘intragroup stock’ means any stock which— “(i) is in a corporation which is or was a member of an affiliated group of corporations, and “(ii) is held by another member of such group. Such term includes any other property the basis of which is determined (in whole or in part) by reference to the basis of stock described in the preceding sentence. “(B) Consolidated year.— The term ‘consolidated year’ means any taxable year for which the affiliated group makes a consolidated return.” "
(2)[26 USC 1503](/us/usc/t26/s1503) note. Effective date.—
(A)In general.— Except as provided in subparagraph (B), the amendment made by paragraph
(1)shall apply to any intragroup stock disposed of after December 15, 1987. For purposes of determining the adjustments to the basis of such stock, such amendment shall be deemed to have been in effect113113 Copy read “been effect”. for all periods whether before, on, or after December 15, 1987.
(B)Exception.— The amendment made by paragraph
(1)shall not apply to any intragroup stock disposed of after December 15, 1987, and before January 1, 1989, if such disposition is pursuant to a written binding contract, governmental order, letter of intent or preliminary agreement, or stock acquisition agreement, in effect on or before December 15, 1987.
(b)Distributions Received by 20-Percent Corporate Shareholders.— 101 STAT. 1330–411
(1)In general.— Paragraph
(1)of section 301(0 (relating to special rule for certain distributions received by 20-percent corporate shareholders) is amended by striking out “subsection
(n)thereof’ and inserting in lieu thereof “subsections
(k)and
(n)thereof”.
(2)Effective dates.—[26 USC 301](/us/usc/t26/s301) note.
(A)In general.— The amendment made by paragraph
(1)shall apply to distributions after December 15, 1987. For purposes of applying such amendment to any such distribution—
(i)for purposes of determining earnings and profits, such amendment shall be deemed to be in effect for all periods whether before, on, or after December 15, 1987, but
(ii)such amendment shall not affect the determination of whether any distribution on or before December 15, 1987, is a dividend and the amount of any reduction in accumulated earnings and profits on account of any such distribution.
(B)Exception.— The amendment made by paragraph
(1)shall not apply for purposes of determining gain or loss on any disposition described in subsection (a)(2)(B) of this section. SEC. 10223. TREATMENT OF MIRROR SUBSIDIARY TRANSACTIONS.
(a)Consolidated Return Regulations Not To Apply for 114114 Copy read “to Apply For Purposes”. Purposes of Nonrecognition Under Section 337.— Subsection
(c)of section 337 (defining 80-percent distributee) is amended by adding at the end thereof the following new sentence: “For purposes of this section, the determination of whether any corporation is an 80-percent distributee shall be made without regard to any consolidated return regulation.”
(b)Amendment to Section 355.— Subparagraph
(D)of section 355(b)(2) (relating to requirements as to active business) is amended—
(1)by amending clause
(i)to read as follows: " “(i) was not acquired by any distributee corporation directly (or through 1 or more corporations, whether through the distributing corporation or otherwise) within the period described in subparagraph (B), or”,
(2)by striking out “by another corporation” in clause
(ii)and inserting in lieu thereof “such distributee corporation”, and
(3)by adding at the end thereof the following new sentence: “For purposes of subparagraph (D), all distributee corporations which are members of the same affiliated group (as defined in section 1504(a) without regard to section 1504(b)) shall be treated as 1 distributee corporation.” "
(c)Amendment to Section 304.— Subsection
(b)of section 304 (relating to redemption through use of related corporations) is amended by adding at the end thereof the following new paragraph: " “(4) Treatment of certain intragroup transactions.— “(A) In general.— In the case of any transfer described in subsection
(a)of stock of 1 member of an affiliated group to another member of such group, proper adjustments shall be made to— 101 STAT. 1330–412 “(i) the adjusted basis of any intragroup stock, and “(ii) the earnings and profits of any member of such group, to the extent necessary to carry out the purposes of this section. “(B) Definitions.— For purposes of this paragraph— “(i) Affiliated group.— The term ‘affiliated group’ has the meaning given such term by section 1504(a). “(ii) Intragroup stock.— The term ‘intragroup stock’ means any stock which— “(I) is in a corporation which is a member of an affiliated group, and “(II) is held by another member of such group.” "
(d)[26 USC 304](/us/usc/t26/s304) note. Effective Dates.—
(1)In general.— The amendments made by this section shall apply to distributions or transfers after December 15, 1987.
(2)Exceptions.—
(A)Distributions.— The amendments made by this section shall not apply to any distribution after December 15, 1987, and before January 1, 1993, if—
(i)80 percent or more of the stock of the distributing corporation was acquired by the distributee before December 15, 1987, or
(ii)Contracts. 80 percent or more of the stock of the distributing corporation was acquired by the distributee before January 1, 1989, pursuant to a binding written contract or tender offer in effect on December 15, 1987. For purposes of the preceding sentence, stock described in section 1504(a)(4) of the Internal Revenue Code of 1986 shall not be taken into account.
(B)Section 304 transfers.— The amendment made by subsection
(c)shall not apply to any transfer after December 15, 1987, and before January 1, 1993, if such transfer is—
(i)between corporations which are members of the same affiliated group on December 15, 1987, or
(ii)Contracts. between corporations which become members of the same affiliated group before January 1, 1989, pursuant to a binding written contract or tender offer in effect on December 15, 1987.
(C)Distributions covered by prior transition rule.— The amendments made by this section shall not apply to any distribution to which the amendments made by subtitle D of title VI of the Tax Reform Act of 1986 do not apply. SEC. 10224. BENEFITS OF GRADUATED CORPORATE RATES NOT ALLOWED TO PERSONAL SERVICE CORPORATIONS.
(a)General Rule.— Subsection
(b)of section 11 (relating to corporate tax rates) is amended to read as follows: " “(b) Amount of Tax.— “(1) In general.— The amount of the tax imposed by subsection
(a)shall be the sum of— “(A) 15 percent of so much of the taxable income as does not exceed $50,000, “(B) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, and 101 STAT. 1330–413 “(C) 34 percent of so much of the taxable income as exceeds $75,000. In the case of a corporation which has taxable income in excess of $100,000 for any taxable year, the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of
(i)5 percent of such excess, or
(ii)$11,750. “(2) Certain personal service corporations not eligible for graduated rates.— Notwithstanding paragraph (1), the amount of the tax imposed by subsection
(a)on the taxable income of a qualified personal service corporation (as defined in section 448(a)(2)) shall be equal to 34 percent of the taxable income.” "
(b)Effective Date.— The amendment made by subsection (a)[26 USC 11](/us/usc/t26/s11) note. shall apply to taxable years beginning after December 31, 1987. SEC. 10225. AMENDMENTS TO SECTION 382.
(a)Treatment of Worthless Stock.— Paragraph
(4)of section 382(g) (defining ownership change) is amended by adding at the end thereof the following new subparagraph: " “(D) Treatment of worthless stock.— If any stock held by a 50-percent shareholder is treated by such shareholder as becoming worthless during any taxable year of such shareholder and such stock is held by such shareholder as of the close of such taxable year, for purposes of determining whether an ownership change occurs after the close of such taxable year, such shareholder— “(i) shall be treated as having acquired such stock on the 1st day of his 1st succeeding taxable year, and “(ii) shall not be treated as having owned such stock during any prior period. For purposes of the preceding sentence, the term ‘50-percent shareholder’ means any person owning 50 percent or more of the stock of the corporation at any time during the 3-year period ending on the last day of the taxable year with respect to which the stock was so treated.” "
(b)Treatment of Depreciation Under Built-In Loss Rules.— Subparagraph
(B)of section 382(h)(2) (defining recognized built-in loss) is amended by adding at the end thereof the following new sentence: " “Such term includes any amount allowable as depreciation, amortization, or depletion for any period within the recognition period except to the extent the new loss corporation establishes that the amount so allowable is not attributable to the excess described in clause (ii).” "
(c)Effective Dates.—[26 USC 382](/us/usc/t26/s382) note.
(1)Subsection (a).— The amendment made by subsection
(a)shall apply in the case of stock treated as becoming worthless in taxable years beginning after December 31, 1987.
(2)Subsection (b).— The amendment made by subsection (b)Contracts. shall apply in the case of ownership changes (as defined in section 382 of the Internal Revenue Code of 1986 as amended by subsection (a)) after December 15, 1987; except that such amendment shall not apply in the case of any ownership change pursuant to a binding written contract which was in effect on December 15, 1987, and at all times thereafter before such ownership change. 101 STAT. 1330–414 SEC. 10226. LIMITATION ON USE OF PREACQUISITION LOSSES TO OFFSET BUILT-IN GAINS.
(a)General Rule.— Part V of subchapter C of chapter 1 (relating to carryovers) is amended by adding at the end thereof the following new section: " “SEC. 384. LIMITATION ON USE OF PREACQUISITION LOSSES TO OFFSET BUILT-IN GAINS.[26 USC 384](/us/usc/t26/s384). “(a) General Rule.— “(1) Stock acquisitions, etc.— If— “(A) a corporation (hereinafter in this section referred to as the ‘gain corporation’) becomes a member of an affiliated group, and “(B) such corporation has a net unrealized built-in gain, the income of such corporation for any recognition period taxable year (to the extent attributable to recognized built-in gains) shall not be offset by any preacquisition loss of any other member of such group. “(2) Asset acquisitions.— If— “(A) the assets of a corporation (hereinafter in this section referred to as the ‘gain corporation’) are acquired by another corporation— “(i) in a liquidation to which section 332 applies, or “(ii) in a reorganization described in subparagraph (A), (C), or
(D)of section 368(a)(1), and “(B) the gain corporation has a net unrealized built-in gain, the income of the acquiring corporation for any recognition period taxable year (to the extent attributable to recognized built-in gains of the gain corporation) shall not be offset by any preacquisition loss of any corporation (other than the gain corporation). “(b) Exception Where 50 Percent of Gain Corporation Held.— Subsection
(a)shall not apply if more than 50 percent of the stock (by vote and value) of the gain corporation was held throughout the 5-year period ending on the acquisition date— “(1) in any case described in subsection (a)(1), by members of the affiliated group referred to in subsection (a)(1), or “(2) in any case described in subsection (a)(2), by the acquiring corporation or members of such acquiring corporation’s affiliated group. For purposes of the preceding sentence, stock described in section 1504(a)(4) shall not be taken into account. “(c) Definitions.— For purposes of this section— “(1) Recognized built-in gain.— “(A) In general.— The term ‘recognized built-in gain’ means any gain recognized during the recognition period on the disposition of any asset except to the extent the gain corporation (or, in any case described in subsection (a)(2), the acquiring corporation) establishes that— “(i) such asset was not held by the gain corporation on the acquisition date, or “(ii) such gain exceeds the excess (if any) of— “(I) the fair market value of such asset on the acquisition date, over “(II) the adjusted basis of such asset on such date. 101 STAT. 1330–415 “(B) Treatment of certain income items.— Any item of income which is properly taken into account for any recognition period taxable year but which is attributable to periods before the acquisition date shall be treated as a recognized built-in gain for the taxable year in which it is properly taken into account and shall be taken into account in determining the amount of the net unrealized built-in gain. “(C) Limitation.— The amount of the recognized built-in gains for any recognition period taxable year shall not exceed— “(i) the net unrealized built-in gain, reduced by “(ii) the recognized built-in gains for prior years ending in the recognition period which (but for this section) would have been offset by preacquisition losses. “(2) Acquisition date.— The term ‘acquisition date’ means the date on which the gain corporation becomes a member of the affiliated group or, in any case described in subsection (a)(2), the date of the distribution or transfer in the liquidation or reorganization. “(3) Preacquisition loss.— “(A) In general.— The term ‘preacquisition loss’ means— “(i) any net operating loss carryforward to the taxable year in which the acquisition date occurs, and “(ii) any net operating loss for the taxable year in which the acquisition date occurs to the extent such loss is allocable to the period in such year on or before the acquisition date. Except as provided in regulations, the net operating loss shall, for purposes of clause (ii), be allocated ratably to each day in the year. “(B) Treatment of recognized built-in loss.— In the case of a corporation with a net unrealized built-in loss, the term ‘preacquisition loss’ includes any recognized built-in loss. “(4) Other definitions.— Except as provided in regulations, the terms ‘net unrealized built-in gain’, ‘net unrealized built-in loss’, ‘recognized built-in loss’, ‘recognition period’, and ‘recognition period taxable year’, have the same respective meanings as when used in section 382(h), except that the acquisition date shall be taken into account in lieu of the change date. “(d) Limitation Also To Apply to Excess Credits or Net Capital Losses.— Rules similar to the rules of subsection
(a)shall also apply in the case of any excess credit (as defined in section 383(a)(2)) or net capital loss. “(e) Regulations.— The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations to ensure that the purposes of this section may not be circumvented through— “(1) the use of any provision of law or regulations (including subchapter K of this chapter), or “(2) contributions of property to the gain corporation.” "
(b)Clerical Amendment.— The table of sections for part V of subchapter C of chapter 1 is amended by adding at the end thereof the following new item: 101 STAT. 1330–416 " “Sec. 384. Limitation on use of preacquisition losses to offset built-in gains.” "
(c)[26 USC 384](/us/usc/t26/s384) note. Effective Date.— The amendments made by this section shall apply in cases where the acquisition date (as defined in section 384(c)(2) of the Internal Revenue Code of 1986 as added by this section) is after December 15, 1987; except that such amendments shall not apply in the case of any transaction pursuant to—
(1)a binding written contract in effect on or before December 15, 1987, or
(2)a letter of intent or agreement of merger signed on or before December 15, 1987. SEC. 10227. RECAPTURE OF LIFO AMOUNT IN THE CASE OF ELECTIONS BY S CORPORATIONS.
(a)General Rule.— Section 1363 (relating to effect of election on corporations) is amended by adding at the end thereof the following new subsection: " “(d) Recapture of LIFO Benefits.— “(1) In general.— If— “(A) an S corporation was a C corporation for the last taxable year before the first taxable year for which the election under section 1362(a) was effective, and “(B) the corporation inventoried goods under the LIFO method for such last taxable year, the LIFO recapture amount shall be included in the gross income of the corporation for such last taxable year (and appropriate adjustments to the basis of inventory shall be made to take into account the amount included in gross income under this paragraph). “(2) Additional tax payable in installments.— “(A) In general.— Any increase in the tax imposed by this chapter by reason of this subsection shall be payable in 4 equal installments. “(B) Date for payment of installments.— The first installment under subparagraph
(A)shall be paid on or before the due date (determined without regard to extensions) for the return of the tax imposed by this chapter for the last taxable year for which the corporation was a C corporation and the 3 succeeding installments shall be paid on or before the due date (as so determined) for the corporation’s return for the 3 succeeding taxable years. “(C) No interest for period of extension.— Notwithstanding section 6601(b), for purposes of section 6601, the date prescribed for the payment of each installment under this paragraph shall be determined under this paragraph. “(3) LIFO recapture amount.— For purposes of this subsection, the term ‘LIFO recapture amount’ means the amount (if any) by which— “(A) the inventory amount of the inventory asset under the first-in, first-out method authorized by section 471, exceeds “(B) the inventory amount of such assets under the LIFO method. For purposes of the preceding sentence, inventory amounts shall be determined as of the close of the last taxable year referred to in paragraph (1). “(4) Other definitions.— For purposes of this subsection— 101 STAT. 1330–417 “(A) LIFO method.— The term ‘LIFO method’ means the method authorized by section 472. “(B) Inventory assets.— The term ‘inventory assets’ means stock in trade of the corporation, or other property of a kind which would properly be included in the inventory of the corporation if on hand at the close of the taxable year. “(C) Method of determining inventory amount.— The inventory amount of assets under a method authorized by section 471 shall be determined— “(i) if the corporation uses the retail method of valuing inventories under section 472, by using such method, or “(ii) if clause
(i)does not apply, by using cost or market, whichever is lower.” "
(b)Effective Dates.—[26 USC 1363](/us/usc/t26/s1363) note.
(1)In general.— Except as provided in paragraph
(2)the amendment made by subsection
(a)shall apply in the case of elections made after December 17, 1987.
(2)Exception.— The amendment made by subsection
(a)shall not apply in the case of any election made by a corporation after December 17, 1987, and before January 1, 1989, if, on or before December 17, 1987—
(A)there was a resolution adopted by the board of directors of such corporation to make an election under subchapter S of chapter 1 of the Internal Revenue Code of 1986, or
(B)there was a ruling request with respect to the business filed with the Internal Revenue Service expressing an intent to make such an election. SEC. 10228. EXCISE TAX ON RECEIPT OF GREENMAIL.
(a)In General.— Subtitle E is amended by adding at the end thereof the following new chapter: " **“CHAPTER 54—** **GREENMAIL** “Sec. 5881. Greenmail. “SEC. 5881. GREENMAIL. “(a) Imposition of Tax.— There is hereby imposed on any person who receives greenmail a tax equal to 50 percent of gain realized by such person on such receipt. “(b) Greenmail.— For purposes of this section, the term ‘greenmail’ means any consideration transferred by a corporation to directly or indirectly acquire its stock from any shareholder if— “(1) such shareholder held such stock (as determined under section 1223) for less than 2 years before entering into the agreement to make the transfer, “(2) at some time during the 2-year period ending on the date of such acquisition— “(A) such shareholder, “(B) any person acting in concert with such shareholder, or “(C) any person who is related to such shareholder or person described in subparagraph (B), 101 STAT. 1330–418made or threatened to make a public tender offer for stock of such corporation, and “(3) such acquisition is pursuant to an offer which was not made on the same terms to all shareholders. For purposes of the preceding sentence, payments made in connection with, or in transactions related to, an acquisition shall be treated as paid in such acquisition. “(c) Other Definitions.— For purposes of this section— “(1) Public tender offer.— The term ‘public tender offer’ means any offer to purchase or otherwise acquire stock or assets in a corporation if such offer was or would be required to be filed or registered with any Federal or State agency regulating securities. “(2) Related person.— A person is related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). “(d) Tax Applies Whether or Not Gain Recognized.— The tax imposed by this section shall apply whether or not the gain referred to in subsection
(a)is recognized.” "
(b)Denial of Income Tax Deduction for Greenmail Tax.— Paragraph
(6)of section 275(a) is amended by striking out “and 46” and inserting in lieu thereof “46, and 54”.
(c)Clerical Amendment.— The table of chapters for subtitle E is amended by adding at the end thereof the following new item: " “Chapter 54. Greenmail.” "
(d)[26 USC 5881](/us/usc/t26/s5881) note. Effective Date.— The amendments made by this section shall apply to consideration received after the date of the enactment of this Act in taxable years ending after such date; except that such amendments shall not apply in the case of any acquisition pursuant to a written binding contract in effect on December 15, 1987, and at all times thereafter before the acquisition. **PART IV—** **FOREIGN TAX PROVISIONS** SEC. 10231. DENIAL OF FOREIGN TAX CREDIT FOR TAXES PAID OR ACCRUED TO SOUTH AFRICA.
(a)General Rule.— Paragraph
(2)of section 901(j) (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new subparagraph: " “(C) Special rule for south Africa.— “(i) In general.— In addition to any period during which this subsection would otherwise apply to South Africa, this subsection shall apply to South Africa during the period— “(I) Effective date.Termination date. beginning on January 1, 1988, and “(II) ending on the date the Secretary of State certifies to the Secretary of the Treasury that South Africa meets the requirements of section 311(a) of the Comprehensive Anti-Apartheid Act of 1986 (as in effect on the date of the enactment of this subparagraph). “(ii) South Africa defined.— For purposes of clause (i), the term ‘South Africa’ has the meaning given to such term by paragraph
(6)of section 3 of the Comprehensive Anti-Apartheid Act of 1986 (as so in effect).” " 101 STAT. 1330–419
(b)Technical Amendments.— Paragraph
(1)of section 901(j) is amended—
(1)by striking out “to which” in subparagraph
(A)and inserting in lieu thereof “during which”, and
(2)by striking out “any country so identified” and inserting in lieu thereof “such country”.
(c)Effective Date.— The amendments made by this section shall[26 USC 901](/us/usc/t26/s901) note. apply to taxable years beginning after December 31, 1987. **PART V—** **INSURANCE PROVISIONS** SEC. 10241. INTEREST RATE USED IN COMPUTING TAX RESERVES FOR LIFE INSURANCE COMPANIES MAY NOT BE LESS THAN APPLICABLE FEDERAL RATE.
(a)In General.— Subparagraph
(B)of section 807(d)(2) (relating to method of computing reserves for purposes of determining income) is amended to read as follows: " “(B) the greater of— “(i) the applicable Federal interest rate, or “(ii) the prevailing State assumed interest rate, and”. "
(b)Applicable Federal Interest Rate.—
(1)In general.— Paragraph
(4)of section 807(d) (defining State assumed interest rate) is amended to read as follows: " “(4) Applicable federal interest rate; prevailing state assumed interest rate.— For purposes of this subsection— “(A) Applicable federal interest rate — “(i) In general.— Except as provided in clause (ii), the term ‘applicable Federal interest rate’ means the annual rate determined by the Secretary under section 846(c)(2) for the calendar year in which the contract was issued. “(ii) Election to recompute federal interest rate every 5 years.— “(I) In general.— In computing the amount of the reserve with respect to any contract to which an election under this clause applies for periods during any recomputation period, the applicable Federal interest rate shall be the annual rate determined by the Secretary under section 846(c)(2) for the 1st year of such period. No change in the applicable Federal interest rate shall be made under the preceding sentence unless such change would equal or exceed 14 of 1 percentage point. “(II) Recomputation period.— For purposes of subclause (I), the term ‘recomputation period’ means, with respect to any contract, the 5 calendar year period beginning with the 5th calendar year beginning after the calendar year in which the contract was issued (and each subsequent 5 calendar year period). “(III) Election.— An election under this clauseContracts. shall apply to all contracts issued during the calendar year for which the election was made or during any subsequent calendar year unless such election is revoked with the consent of the Secretary. 101 STAT. 1330–420 “(IV) Spread not available.— Subsection
(f)shall not apply to any adjustment required under this clause. “(B) Prevailing state assumed interest rate.— “(i) In general.— The term ‘prevailing State assumed interest rate’ means, with respect to any contract, the highest assumed interest rate permitted to be used in computing life insurance reserves for insurance contracts or annuity contracts (as the case may be) under the insurance laws of at least 26 States. For purposes of the preceding sentence, the effect of nonforfeiture laws of a State on interest rates for reserves shall not be taken into account. “(ii) Contracts. When rate determined.— The prevailing State assumed interest rate with respect to any contract shall be determined as of the beginning of the calendar year in which the contract was issued.’ "
(2)Technical amendments.—
(A)The third to the last sentence of section 807(c) is amended by striking out “the higher of and all that follows and inserting in lieu thereof “whichever of the following rates is the highest as of the time such obligation first did not involve life, accident, or health contingencies: the applicable Federal interest rate under subsection (d)(2)(B)(i), the prevailing State assumed interest rate under subsection (d)(2)(B)(ii), or the rate of interest assumed by the company in determining the guaranteed benefit.”
(B)Paragraph
(2)of section 812(b) is amended—
(i)by striking out “at the prevailing State assumed rate or, where such rate is not used, another appropriate rate” and inserting in lieu thereof “at the greater of the prevailing State assumed rate or the applicable Federal interest rate”, and
(ii)by adding at the end thereof the following new sentence: " “In any case where the prevailing State assumed rate is not used, another appropriate rate shall be treated as the prevailing State assumed rate for purposes of subparagraph (A).” "
(c)[26 USC 807](/us/usc/t26/s807) note. Effective Date.— The amendments made by this section shall apply to contracts issued in taxable years beginning after December 31, 1987. SEC. 10242. TREATMENT OF FOREIGN INSURANCE COMPANIES.
(a)In General.— Section 842 (relating to foreign corporations carrying on insurance business) is amended to read as follows: " “SEC. 842. FOREIGN COMPANIES CARRYING ON INSURANCE BUSINESS.[26 USC 842](/us/usc/t26/s842). “(a) Taxation Under This Subchapter.— If a foreign company carrying on an insurance business within the United States would qualify under part I or II of this subchapter for the taxable year if (without regard to income not effectively connected with the conduct of any trade or business within the United States) it were a domestic corporation, such company shall be taxable under such part on its income effectively connected with its conduct of any trade or business within the United States. With respect to the remainder of its income which is from sources within the United States, such a foreign company shall be taxable as provided in section 881. 101 STAT. 1330–421 “(b) Minimum Effectively Connected Net Investment Income.— “(1) In general.— In the case of a foreign company taxable under part I or II of this subchapter for the taxable year, its net investment income for such year which is effectively connected with the conduct of an insurance business within the United States shall be not less than the product of— “(A) the required United States 115115 Copy read “U.S.”. assets of such company, and “(B) the domestic investment yield applicable to such company for such year. “(2) Required u.s. assets.— “(A) In general.— For purposes of paragraph (1), the required United States115115 Copy read “U.S.”. assets of any foreign company for any taxable year is an amount equal to the product of— “(i) the mean of such foreign company’s total insurance liabilities on United States business, and “(ii) the domestic asset/liability percentage applicable to such foreign company for such year. “(B) Total insurance liabilities.— For purposes of this paragraph— “(i) Companies taxable under part i 116116 Copy read “part I.—”..— In the case of a company taxable under part I, the term ‘total insurance liabilities’ means the sum of the total reserves (as defined in section 816(c)) plus (to the extent not included in total reserves) the items referred to in paragraphs (3), (4), (5), and
(6)of section 807(c). “(ii) Companies taxable under part 117117 Copy read “part II ”.— ii.— In the case of a company taxable under part II, the term ‘total insurance liabilities’ means the sum of unearned premiums and unpaid losses. “(C) Domestic asset/liability percentage.— The domestic asset/liability percentage applicable for purposes of subparagraph (A)(ii) to any foreign company for any taxable year is a percentage determined by the Secretary on the basis of a ratio— “(i) the numerator of which is the mean of the assets of domestic insurance companies taxable under the same part of this subchapter as such foreign company, and “(ii) the denominator of which is the mean of the total insurance liabilities of the same companies. “(3) Domestic investment yield.— The domestic investment yield applicable for purposes of paragraph (1)(B) to any foreign company for any taxable year is the percentage determined by the Secretary on the basis of a ratio— “(A) the numerator of which is the net investment income of domestic insurance companies taxable under the same part of this subchapter as such foreign company, and “(B) the denominator of which is the mean of the assets of the same companies held for the production of such income. “(4) Election to use worldwide yield.— 101 STAT. 1330–422 “(A) In general.— If the foreign company makes an election under this paragraph, such company’s worldwide current investment yield shall be taken into account in lieu of the domestic investment yield for purposes of paragraph (1)(B). “(B) Worldwide current investment yield.— For purposes of subparagraph (A), the term ‘worldwide current investment yield’ means the percentage obtained by dividing— • “(i) the net investment income of the company from all sources, by “(ii) the mean of all assets of the company (whether or not held in the United States) held for the production of investment income. “(C) Election.— An election under this paragraph shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. “(5) Net investment income.— For purposes of this subsection, the term ‘net investment income’ means— “(A) gross investment income (within the meaning of section 834(b)), reduced by “(B) expenses allocable to such income. “(c) Special Rules for Purposes of Subsection (b).— “(1) Coordination with small life insurance company deduction.— In the case of a foreign company taxable under part I, subsection
(b)shall be applied before computing the small life insurance company deduction. “(2) Reduction in section 88 i taxes — “(A) In general.— The tax under section 881 (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such tax as— “(i) the amount of the increase in effectively connected income of the company resulting from subsection (b), bears to “(ii) the amount which would be subject to tax under section 881 if the amount taxable under such section were determined without regard to sections 103 and 894. “(B) Limitation on reduction.— The reduction under subparagraph
(A)shall not exceed the increase in taxes under part I or II (as the case may be) by reason of the increase in effectively connected income of the company resulting from subsection (b). “(3) Adjustment to limitation on deduction for policy-holder dividends in the case of foreign mutual life insurance companies.— For purposes of section 809, the equity base of any foreign mutual life insurance company as of the close of any taxable year shall be increased by the excess of— “(A) the required United States 118118 Copy read “U.S.”. assets of the company (determined under subsection (b)(2)), over “(B) the mean of the assets held in the United States during the taxable year. 101 STAT. 1330–423 “(4) Data used in determining domestic asset/liability percentages and domestic investment yeilds.— Each domestic asset/liability percentage, and each domestic investment yield, for any taxable year shall be based on such representative data with respect to domestic insurance companies for the second preceding taxable year as the Secretary considers appropriate. “(d) Regulations.— The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations— “(1) providing for the proper treatment of segregated asset accounts, “(2) providing for proper adjustments in succeeding taxable years where the company’s actual net investment income for any taxable year which is effectively connected with the conduct of an insurance business within the United States exceeds the amount required under subsection (b)(1), and “(3) providing for the proper treatment of investments in domestic subsidiaries.” "
(b)Part II Companies Subject to Same Effectively Connected Income Rule as Part I Companies.— Subparagraph
(C)of section 864(c)(4) (relating to income from sources without the United States) is amended by inserting “or part II” after “part I”.
(c)Repeal of Section 119119 Copy read “Section 813—”. 813.—
(1)Section 813 (relating to foreign life insurance companies) is hereby repealed.
(2)Subsection
(h)of section 816 is amended by striking out “section 813(a)(4)(B)” and inserting in lieu thereof “section 842(c)(1)(A)”.
(3)Paragraph
(2)of section 4371 is amended by striking out “section 813” and inserting in lieu thereof “section 842(b)”.
(4)The table of sections for part I of subchapter L of chapter 1 is amended by striking out the item relating to section 813.
(d)Effective Date.— The amendments made by this section shall[26 USC 816](/us/usc/t26/s816) note. apply to taxable years beginning after December 31, 1987. SEC. 10243. TREATMENT OF MUTUAL LIFE INSURANCE COMPANY POLICY-HOLDER DIVIDENDS FOR PURPOSES OF BOOK PREFERENCE.
(a)General Rule.— Paragraph
(2)of section 56(f) (defining adjusted net book income) is amended by redesignating subparagraph
(H)as subparagraph
(I)and by inserting after subparagraph
(G)the following new subparagraph: " “(H) Special rules for life insurance companies.— “(i) Policyholder dividends of mutual companies.— In determining the adjusted net book income of any mutual life insurance company, a reduction shall be allowed for policyholder dividends with respect to any taxable year only to the extent such dividends exceed the differential earnings amount determined for such taxable year under section 809. “(ii) Other adjustments.— To the extent provided by the Secretary, such additional adjustments shall be made as may be necessary to make the calculation of adjusted net book income in the case of any life insur-101 STAT. 1330–424ance company consistent with the calculation of adjusted net book income generally.” "
(b)[26 USC 56](/us/usc/t26/s56) note. Effective Date.— The amendment made by subsection
(a)shall apply to taxable years beginning after December 31, 1987. SEC. 10244. CERTAIN INSURANCE SYNDICATES.
(a)Study.— The Secretary of the Treasury (or his delegate) shall conduct a study of the proper Federal income tax treatment of income earned by members of insurance or reinsurance syndicates. Reports.Not later than April 1, 1988, the Secretary shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the results of the study conducted under this subsection, together with such recommendations as he may deem advisable.
(b)Renegotiation of Closing Agreement.— Not later than January 1, 1990, the Secretary of the Treasury (or his delegate) shall renegotiate the closing agreement with the underwriters participating in certain insurance or reinsurance syndicates which was signed by the Internal Revenue Service on April 1, 1980, to implement the conclusions reached in the study conducted under subsection (a). **Subtitle C—** **Estimated Tax Provisions** SEC. 10301. REVISION OF CORPORATE ESTIMATED TAX PROVISIONS.
(a)General Rule.— Section 6655 (relating to failure by corporation to pay estimated income tax) is amended to read as follows: " “SEC. 6655. FAILURE BY CORPORATION TO PAY ESTIMATED INCOME TAX.[26 USC 6655](/us/usc/t26/s6655). “(a) Addition to Tax.— Except as otherwise provided in this section, in the case of any underpayment of estimated tax by a corporation, there shall be added to the tax under chapter 1 for the taxable year an amount determined by applying— “(1) the underpayment rate established under section 6621, “(2) to the amount of the underpayment, “(3) for the period of the underpayment. “(b) Amount of Underpayment; Period of Underpayment.— For purposes of subsection (a)— “(1) Amount.— The amount of the underpayment shall be the excess of— “(A) the required installment, over “(B) the amount (if any) of the installment paid on or before the due date for the installment. “(2) Period of underpayment.— The period of the underpayment shall run from the due date for the installment to whichever of the following dates is the earlier— “(A) the 15th day of the 3rd month following the close of the taxable year, or “(B) with respect to any portion of the underpayment, the date on which such portion is paid. “(3) Order of crediting payments.— For purposes of paragraph (2)(B), a payment of estimated tax shall be credited against unpaid required installments in the order in which such installments are required to be paid. “(c) Number of Required Installments; Due Dates.— For purposes of this section— 101 STAT. 1330–425 “(1) Payable in 4 installments.— There shall be 4 required installments for each taxable year. “(2) Time for payment of installments.— **“In the case of the following required installments:** **The due date is:** 1st April 15 2nd June 15 3rd September 15 4th December 15. “(d) Amount of Required Installments.— For purposes of this section— “(1) Amount.— “(A) In general.— Except as otherwise provided in this section, the amount of any required installment shall be 25 percent of the required annual payment. “(B) Required annual payment.— Except as otherwise provided in this subsection, the term ‘required annual payment’ means the lesser of— “(i) 90 percent of the tax shown on the return for the taxable year (or, if no return is filed, 90 percent of the tax for such year), or “(ii) 100 percent of the tax shown on the return of the corporation for the preceding taxable year. Clause
(ii)shall not apply if the preceding taxable year was not a taxable year of 12 months, or the corporation did not file a return for such preceding taxable year showing a liability for tax. “(2) Large corporations required to pay 90 percent of current year tax.— “(A) In general.— Except as provided in subparagraph (B), clause
(ii)of paragraph (1)(B) shall not apply in the case of a large corporation. “(B) May use last year’s tax for 1st installment.— Subparagraph
(A)shall not apply for purposes of determining the amount of the 1st required installment for any taxable year. Any reduction in such 1st installment by reason of the preceding sentence shall be recaptured by increasing the amount of the next required installment determined under paragraph
(1)by the amount of such reduction. “(e) Lower Required Installment Where Annualized Income Installment or Adjusted Seasonal Installment Is Less Than Amount Determined Under Subsection (d).— “(1) In general.— In the case of any required installment, if the corporation establishes that the annualized income installment or the adjusted seasonal installment is less than the amount determined under section (d)(1) (as modified by subsection (d)(2))— “(A) the amount of such required installment shall be the annualized income installment (or, if lesser, the adjusted seasonal installment), and “(B) any reduction in a required installment resulting from the application of this paragraph shall be recaptured by increasing the amount of the next required installment determined under subsection (d)(1) (as so modified) by the amount of such reduction (and by increasing subsequent 101 STAT. 1330–426required installments to the extent that the reduction has not previously been recaptured under this subparagraph). A reduction shall be treated as recaptured for purposes of subparagraph
(B)if 90 percent of the reduction is recaptured. “(2) Determination of annualized income installment.— “(A) In general.— In the case of any required installment, the annualized income installment is the excess (if any) of— “(i) an amount equal to the applicable percentage of the tax for the taxable year computed by placing on an annualized basis the taxable income, alternative minimum taxable income, and modified alternative minimum taxable income— “(I) for the first 3 months of the taxable year, in the case of the 1st required installment, “(II) for the first 3 months or for the first 5 months of the taxable year, in the case of the 2nd required installment, “(III) for the first 6 months or for the first 8 months of the taxable year in the case of the 3rd required installment, and “(IV) for the first 9 months or for the first 11 months of the taxable year, in the case of the 4th required installment, over “(ii) the aggregate amount of any prior required installments for the taxable year. “(B) Special rules.— For purposes of this paragraph— “(i) Annualization.— The taxable income, alternative minimum taxable income, and modified alternative minimum taxable income shall be placed on an annualized basis under regulations prescribed by the Secretary. “(ii) Applicable percentage.— **“In the case of the following required installments:** **The applicable percentage is:** 1st 22.5 2nd 45 3rd 67.5 4th 90 “(iii) Modified alternative minimum taxable income.— The term ‘modified alternative minimum taxable income’ has the meaning given to such term by section 59A(b). “(3) Determination of adjusted seasonal installment.— “(A) In general.— In the case of any required installment, the amount of the adjusted seasonal installment is the excess (if any) of— “(i) 90 percent of the amount determined under subparagraph (C), over “(ii) the aggregate amount of all prior required installments for the taxable year. “(B) Limitation on application of paragraph.— This paragraph shall apply only if the base period percentage for any 6 consecutive months of the taxable year equals or exceeds 70 percent. 101 STAT. 1330–427 “(C) Determination of amount.— The amount determined under this subparagraph for any installment shall be determined in the following manner— “(i) take the taxable income for all months during the taxable year preceding the filing month, “(ii) divide 120120 Copy read “divided”. such amount by the base period percentage for all months during the taxable year preceding the filing month, “(iii) determine the tax on the amount determined under clause (ii), and “(iv) multiply the tax computed under clause
(iii)by the base period percentage for the filing month and all months during the taxable year preceding the filing month. “(D) Definitions and special rules.— For purposes of this paragraph— “(i) Base period percentage.— The base period percentage for any period of months shall be the average percent which the taxable income for the corresponding months in each of the 3 preceding taxable years bears to the taxable income for the 3 preceding taxable years. “(ii) Filing month.— The term ‘filing month’ means the month in which the installment is required to be paid. “(iii) Reorganization, etc.— The Secretary may byRegulations. regulations provide for the determination of the base period percentage in the case of reorganizations, new corporations, and other similar circumstances. “(f) Exception Where Tax Is 121121 Copy read “is”. Small Amount.— No addition to tax shall be imposed under subsection
(a)for any taxable year if the tax shown on the return for such taxable year (or, if no return is filed, the tax) is less than $500. “(g) Definitions and Special Rules.— “(1) Tax.— For purposes of this section, the term ‘tax’ means the excess of— “(A) the sum of— “(i) the tax imposed by section 11 or 1201(a), or subchapter L of chapter 1, whichever applies, “(ii) the tax imposed by section 55, “(iii) the tax imposed by section 59A, plus “(iv) the tax imposed by section 887, over “(B) the sum of— “(i) the credits against tax provided by part IV of subchapter A of chapter 1, plus “(ii) to the extent allowed under regulations prescribed by the Secretary, any overpayment of the tax imposed by section 4986 (determined without regard to section 4995(a)(4)(B)). For purposes of the preceding sentence, in the case of a foreign corporation subject to taxation under section 11 or 1201(a), or under subchapter L of chapter 1, the tax imposed by section 881 shall be treated as a tax imposed by section 11. “(2) Large corporation.— 101 STAT. 1330–428 “(A) In general.— For purposes of this section, the term ‘large corporation’ means any corporation if such corporation (or any predecessor corporation) had taxable income of $1,000,000 or more for any taxable year during the testing period. “(B) Rules for applying subparagraph (a).— “(i) Testing period.— For purposes of subparagraph (A), the term ‘testing period’ means the 3 taxable years immediately preceding the taxable year involved. “(ii) Members of controlled group.— For purposes of applying subparagraph
(A)to any taxable year in the testing period with respect to corporations which are component members of a controlled group of corporations for such taxable year, the $1,000,000 amount specified in subparagraph
(A)shall be divided among such members under rules similar to the rules of section 1561. “(iii) Certain carrybacks and carryovers not taken into account.— For purposes of subparagraph (A), taxable income shall be determined without regard to any amount carried to the taxable year under section 172 or 1212(a). “(3) Certain tax-exempt organizations.— For purposes of this section— “(A) Any organization subject to the tax imposed by section 511, and any private foundation, shall be treated as a corporation subject to tax under section 11. “(B) Any tax imposed by section 511, and any tax imposed by section 1 or 4940 on a private foundation, shall be treated as a tax imposed by section 11. “(C) Any reference to taxable income shall be treated as including a reference to unrelated business taxable income or net investment income (as the case may be). In the case of any organization described in subparagraph (A), subsection (b)(2)(A) shall be applied by substituting ‘5th month’ for ‘3rd month’. “(h) Excessive Adjustment Under Section 6425.— “(1) Addition to tax.— If the amount of an adjustment under section 6425 made before the 15th day of the 3rd month following the close of the taxable year is excessive, there shall be added to the tax under chapter 1 for the taxable year an amount determined at the underpayment rate established under section 6621 upon the excessive amount from the date on which the credit is allowed or the refund is paid to such 15th day. “(2) Excessive amount.— For purposes of paragraph (1), the excessive amount is equal to the amount of the adjustment or (if smaller) the amount by which— “(A) the income tax liability (as defined in section 6425(c)) for the taxable year as shown on the return for the taxable year, exceeds “(B) the estimated income tax paid during the taxable year, reduced by the amount of the adjustment. “(i) Fiscal Years and Short Years.— “(1) Fiscal years.— In applying this section to a taxable year beginning on any date other than January 1, there shall be 101 STAT. 1330–429substituted, for the months specified in this section, the months which correspond thereto. “(2) Short taxable year.— This section shall be applied to taxable years of less than 12 months in accordance with regulations prescribed by the Secretary. “(j) Regulations.— The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.” "
(b)Technical and Conforming Amendments.—
(1)Section 6154 of such Code is hereby repealed.
(2)Subparagraph
(C)of section 585(c)(3) of such Code is amended by striking out “section 6655(d)(3)” and inserting in lieu thereof “section 6655(e)(2)(A)(i)”.
(3)Paragraph
(1)of section 6201(b) of such Code is amended by striking out “section 6154 or 6654” and inserting in lieu thereof “section 6654 or 6655”.
(4)Subsection
(c)of section 6425 of such Code is amended by striking out “section 6655(g)” and inserting in lieu thereof “section 6655(h)”.
(5)Subsection
(h)of section 6601 of such Code is amended by striking out “section 6154 or 6654” and inserting in lieu thereof “section 6654 or 6655”.
(6)Subsection
(e)of section 6651 of such Code is amended by striking out “section 6154 or 6654” and inserting in lieu thereof “section 6654 or 6655”.
(7)The table of sections for subchapter A of chapter 62 of such Code is amended by striking out the item relating to section 6154.
(c)Effective Date.— The amendments made by this section shall[26 USC 585](/us/usc/t26/s585) note. apply to taxable years beginning after December 31, 1987. SEC. 10302. REVISED WITHHOLDING CERTIFICATES REQUIRED TO BE PUT INTO EFFECT MORE PROMPTLY.
(a)General Rule.— Subparagraph
(B)of section 3402(f)(3) (relating to when certificate takes effect) is amended to read as follows: " “(B) Furnished to take place of existing certificate.— “(i) In general.— Except as provided in clauses
(ii)and (iii), a withholding exemption certificate furnished to the employer in cases in which a previous such certificate is in effect shall take effect as of the beginning of the 1st payroll period ending (or the 1st payment of wages made without regard to a payroll period) on or after the 30th day after the day on which such certificate is so furnished. “(ii) Employer may elect earlier effective date.— At the election of the employer, a certificate described in clause
(i)may be made effective beginning with any payment of wages made on or after the day on which the certificate is so furnished and before the 30th day referred to in clause (i). “(iii) Change of status which affects next year.— Any certificate furnished pursuant to paragraph (2)(C) shall not take effect, and may not be made effective, with respect to any payment of wages made in the calendar year in which the certificate is furnished.” "
(b)Effective Date.— The amendment made by subsection (a)[26 USC 3402](/us/usc/t26/s3402) note. shall apply to certificates furnished after the day 30 days after the date of the enactment of this Act. 101 STAT. 1330–430 SEC. 10303. ESTIMATED TAX PENALTIES FOR 1987.
(a)[26 USC 6654](/us/usc/t26/s6654) note. Delay of Increase in Current Year Liability Test for Individuals.— Notwithstanding section 1541(c) of the Tax Reform Act of 1986, the amendments made by section 1541 of such Act shall apply only to taxable years beginning after December 31, 1987.
(b)Corporate Provisions.—
(1)Ratification of secretarial waiver.— The Congress hereby ratifies the safe harbor provided by paragraph
(b)of the Treasury Temporary Regulation 1.6655–2T.
(2)[26 USC 6655](/us/usc/t26/s6655) note. Corporations also may use 1986 tax to determine amount of certain estimated tax installments due on or before june 15, 1987.—
(A)In general.— In the case of a large corporation, no addition to tax shall be imposed by section 6655 of the Internal Revenue Code of 1986 with respect to any underpayment of an estimated tax installment to which this subsection applies if no addition would be imposed with respect to such underpayment by reason of section 6655(d)(1) of such Code if such corporation were not a large corporation. The preceding sentence shall apply only to the extent the underpayment is paid on or before the last date prescribed for payment of the most recent installment of estimated tax due on or before September 15, 1987.
(B)Installment to which subsection applies.— This subsection applies to any installment of estimated tax for a taxable year beginning after December 31, 1986, which is due on or before June 15, 1987.
(C)Large corporation.— For purposes of this subsection, the term “large corporation” has the meaning given such term by section 6655(i)(2) of such Code (as in effect on the day before the date of the enactment of this Act). **Subtitle D—** **Estate and Gift Tax Provisions** **PART I—** **GENERAL PROVISIONS** SEC. 10401. 5-YEAR EXTENSION OF EXISTING RATES; PHASEOUT OF BENEFITS OF EXISTING RATES AND UNIFIED CREDIT.
(a)5-Year Extension of Graduated Rates.— Paragraph
(2)of section 2001(c) (relating to phasein of 50 percent maximum rate) is amended—
(1)by striking out “1988” in subparagraph
(A)and inserting in lieu thereof ‘T993”,
(2)by striking out “in 1984, 1985, 1986, or 1987” in the text of subparagraph
(D)and inserting in lieu thereof “after 1983 and before 1993”, and
(3)by amending the heading of subparagraph
(D)to read as follows: " “(D) After 1983 and before 1993.—”. "
(b)Phaseout of Benefits of Graduated Rates and Unified Credit.—
(1)In general.— Subsection
(c)of section 2001 is amended by adding at the end thereof the following new paragraph: " “(3) Phaseout of graduated rates and unified credit.— The tentative tax determined under paragraph
(1)shall be increased by an amount equal to 5 percent of so much of the amount (with 101 STAT. 1330–431respect to which the tentative tax is to be computed) as exceeds $10,000,000 but does not exceed $21,040,000 ($18,340,000 in the case of decedents dying, and gifts made, after 1992).” "
(2)Technical amendments —
(A)Subsection
(b)of section 2001 is amended—
(i)by striking out “in accordance with the rate schedule set forth in subsection (c)” in paragraph
(1)and inserting in lieu thereof “under subsection (c)”, and
(ii)by striking out “the rate schedule set forth in subsection
(c)(as in effect at the decedent’s death)” in paragraph
(2)and inserting in lieu thereof “the provisions of subsection
(c)(as in effect at the decedent’s death)”.
(B)Subsection
(a)of section 2502 is amended—
(i)by striking out “in accordance with the rate schedule set forth in section 2001(c)” in paragraph
(1)and inserting in lieu thereof “under section 2001(c)”, and
(ii)by striking out “in accordance with such rate schedule” in paragraph
(2)and inserting in lieu thereof “under such section”.
(c)Effective Date.— The amendments made by this section shall[26 USC 2001](/us/usc/t26/s2001) note. apply in the case of decedents dying, and gifts made, after December 31, 1987. SEC. 10402. INCLUSION RELATED TO VALUATION FREEZES.
(a)In General.— Section 2036 (relating to transfers with retained life estate) is amended by redesignating subsection
(c)as subsection
(d)and by inserting after subsection
(b)the following new subsection: " “(c) Inclusion Related to Valuation Freezes.— “(1) In general.— For purposes of subsection (a), if— “(A) any person holds a substantial interest in an enterprise, and “(B) such person in effect transfers after December 17, 1987, property having a disproportionately large share of the potential appreciation in such person’s interest in the enterprise while retaining a disproportionately large share in the income of, or rights in, the enterprise, then the retention of the retained interest shall be considered to be a retention of the enjoyment of the transferred property. “(2) Special rule for sales to family members.— The exception contained in subsection
(a)for a bona fide sale shall not apply to a transfer described in paragraph
(1)if such transfer is to a member of the transferor’s family. “(3) Definitions.— For purposes of this subsection— “(A) Substantial interest.— A person holds a substantial interest in an enterprise if such person owns (directly or indirectly) 10 percent or more of the voting power or income stream, or both, in such enterprise. For purposes of the preceding sentence, an individual shall be treated as owning any interest in an enterprise which is owned (directly or indirectly) by any member of such individual’s family. “(B) Family.— The term ‘family’ means, with respect to any individual, such individual’s spouse, any lineal descendant of such individual or of such individual’s spouse, any parent or grandparent of such individual, and any spouse of 101 STAT. 1330–432any of the foregoing. For purposes of the preceding sentence, a relationship by legal adoption shall be treated as a relationship by blood. “(C) Treatment of spouse.— An individual and such individual’s spouse shall be treated as 1 person. “(4) Coordination with section 2035.— For purposes of applying section 2035, any transfer of the retained interest referred to in paragraph
(1)shall be treated as a transfer of an interest in the transferred property referred to in paragraph (1). “(5) Coordination with section 2043.— In lieu of applying section 2043, appropriate adjustments shall be made for the value of the retained interest. 122122 Copy read “interest.” "
(b)[26 USC 2036](/us/usc/t26/s2036) note. Effective Date.— The amendment made by subsection
(a)shall apply with respect to estates of decedents dying after December 31, 1987, but only in the case of property transferred after December 17, 1987. **PART II—** **ESTATE TAX PROVISIONS RELATING TO EMPLOYEE STOCK OWNERSHIP PLANS** SEC. 10411. CONGRESSIONAL CLARIFICATION OF ESTATE TAX DEDUCTION FOR SALES OF EMPLOYER SECURITIES.
(a)Intent of Congress in Enacting Section 2057 of the Internal Revenue Code of 1986.— Section 2057 (relating to sales of employer securities to employee stock ownership plans or worker-owned cooperatives) is amended by redesignating subsections (d), (e), and (0 as subsections (e), (f), and (g), respectively, and by inserting after subsection
(c)the following new subsection: " “(d) Qualified Proceeds From Qualified Sales.— “(1) In general.— For purposes of this section, the proceeds of a sale of employer securities by an executor to an employee stock ownership plan or an eligible worker-owned cooperative shall not be treated as qualified proceeds from a qualified sale unless— “(A) the decedent directly owned the securities immediately before death, and “(B) after the sale, the employer securities— “(i) are allocated to participants, or “(ii) are held for future allocation in connection with— “(I) an exempt loan under the rules of section 4975, or “(II) a transfer of assets under the rules of section 4980(c)(3). “(2) No substitution permitted.— For purposes of paragraph (1)(B), except in the case of a bona fide business transaction (e.g., a substitution of employer securities in connection with a merger of employers), employer securities shall not be treated as allocated or held for future allocation to the extent that such securities are allocated or held for future allocation in substitution of other employer securities that had been allocated or held for future allocation.” " 101 STAT. 1330–433
(b)Effective Date.— The amendments made by subsection (a)[26 USC 2057](/us/usc/t26/s2057) note. shall take effect as if included in the amendments made by section 1172 of the Tax Reform Act of 1986. SEC. 10412. MODIFICATIONS OF ESTATE TAX DEDUCTION FOR SALE OF EMPLOYER SECURITIES.
(a)In General.— Section 2057 (relating to estate tax deduction for sales of employer securities to employee stock ownership plans or worker-owned cooperatives) is amended to read as follows: " “SEC. 2057. SALES OF EMPLOYER SECURITIES TO EMPLOYEE STOCK OWNERSHIP PLANS OR WORKER-OWNED COOPERATIVES. “(a) General Rule.— For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to 50 percent of the proceeds of any sale of any qualified employer securities to— “(1) an employee stock ownership plan, or “(2) an eligible worker-owned cooperative. “(b) Limitations.— “(1) Maximum reduction in tax liability.— The amount allowable as a deduction under subsection
(a)shall not exceed the amount which would result in an aggregate reduction in the tax imposed by section 2001 (determined without regard to any credit allowable against such tax) equal to $750,000. “(2) Deduction shall not exceed 50 percent of taxable estate.— The amount of the deduction allowable under subsection
(a)shall not exceed 50 percent of the taxable estate (determined without regard to this section). “(c) Limitations on Proceeds Which May Be Taken Into Account.— “(1) Dispositions by plan or cooperative within i year of sale.— “(A) In general.— Proceeds from a sale which are taken into account under subsection
(a)shall be reduced (but not below zero) by the net sale amount. “(B) Net sale amount.— For purposes of subparagraph (A), the term ‘net sale amount’ means the excess (if any) of— “(i) the proceeds of the plan or cooperative from the disposition of employer securities during the 1-year period immediately preceding such sale, over “(ii) the cost of employer securities purchased by such plan or cooperative during such 1-year period. “(C) Exceptions.— For purposes of subparagraph (B)(i), there shall not be taken into account any proceeds of a plan or cooperative from a disposition described in section 4978A(e). “(D) Aggregation rules.— For purposes of this paragraph, all employee stock ownership plans maintained by an employer snail be treated as 1 plan. “(2) Securities must be acquired by plan from assets which are not transferred assets.— “(A) In general.— Proceeds from a sale shall not be taken into account under subsection
(a)to the extent that such proceeds (as reduced under paragraph (1)) are attributable to transferred assets. For purposes of the preceding sentence, all assets of a plan or cooperative (other than 101 STAT. 1330–434qualified employer securities) shall be treated as first acquired out of transferred assets. “(B) Transferred assets.— For purposes of subparagraph (A)— “(i) In general.— The term ‘transferred assets’ means assets of an employee stock ownership plan which— “(I) are attributable to assets held by a plan exempt from tax under section 501(a) and meeting the requirements of section 401(a) (other than an employee stock ownership plan of the employer), or “(II) were held by the plan when it was not an employee stock ownership plan. “(ii) Exception for assets held on february 26, 1987.— The term ‘transferred assets’ shall not include any asset held by the employee stock ownership plan on February 26, 1987. “(iii) Secretarial authority to waive treatment as transferred asset.— The Secretary may provide that assets or a class of assets shall not be treated as transferred assets if the Secretary finds such treatment is not necessary to carry out the purposes of this paragraph. “(3) Other proceeds.— The following proceeds shall not be taken into account under subsection (a): “(A) Proceeds from sale after due date for return.— Any proceeds from a sale which occurs after the date on which the return of the tax imposed by section 2001 is required to be filed (determined by taking into account any extension of time for filing). “(B) Proceeds from sale of certain securities.— Any proceeds from a sale of employer securities which were received by the decedent— “(i) in a distribution from a plan exempt from tax under section 501(a) and meeting the requirements of section 401(a), or “(ii) as a transfer pursuant to an option or other right to acquire stock to which section 83, 422, 422A, 423, or 424 applies. Any employer security the basis of which is determined by reference to any employer security described in the preceding sentence shall be treated as an employer security to which this subparagraph applies. “(d) Qualified Employer Securities.— “(1) In general.— The term ‘qualified employer securities’ means employer securities— “(A) which are issued by a domestic corporation which has no stock outstanding which is readily tradable on an established securities market, “(B) which are includible in the gross estate of the decedent, “(C) which would have been includible in the gross estate of the decedent if the decedent had died at any time during the shorter of— “(i) the 5-year period ending on the date of death, or “(ii) the period beginning on October 22, 1986, and ending on the date of death, and 101 STAT. 1330–435 “(D) with respect to which the executor elects the application of this section. Subparagraph
(C)shall not apply if the decedent died on or before October 22, 1986. “(2) Certain assets held by spouse.— For purposes of paragraph (1)(C), any employer security which would have been includible in the gross estate of the spouse of a decedent during any period if the spouse had died during such period shall be treated as includible in the gross estate of the decedent during such period. “(3) Periods during which decedent not at risk.— For purposes of paragraph (1)(C), employer securities shall not be treated as includible in the gross estate of the decedent during any period described in section 246(c)(4). “(e) Written Statement Required.— “(1) In general.— No deduction shall be allowed under subsection
(a)unless the executor of the estate of the decedent files with the Secretary the statement described in paragraph (2). “(2) Statement.— A statement is described in this paragraph if it is a verified written statement— “(A) which is made by— “(i) the employer whose employees are covered by the employee stock ownership plan, or “(ii) any authorized officer of the eligible worker-owned cooperative, and “(B) which— “(i) acknowledges that the sale of employer securities to the plan or cooperative is a sale to which sections 4978A and 4979A apply, and “(ii) certifies— “(I) the net sale amount for purposes of subsection (c)(1), and “(II) the amount of assets which are not transferred assets for purposes of subsection (c)(2). “(f) Other Definitions and Special Rules.— For purposes of this section— “(1) Employer securities.— The term ‘employer securities’ has the meaning given such term by section 409(1). “(2) Employee stock ownership plan.— The term ‘employee stock ownership plan’ means— “(A) a tax credit employee stock ownership plan (within the meaning of section 409(a)), or “(B) a plan described in section 4975(e)(7). “(3) Eligible worker-owned cooperative.— The term ‘eligible worker-owned cooperative’ has the meaning given such term by section 1042(c). “(4) Employer.— Except to the extent provided in regulations, the term ‘employer’ includes any person treated as an employer under subsections (b), (c), (m), and
(o)of section 414. “(g) Termination.— This section shall not apply to any sale after December 31, 1991.” "
(b)Effective Dates.—[26 USC 2057](/us/usc/t26/s2057) note.
(1)In general.— Except as provided in this subsection, the note, amendments made by this section shall apply to sales after February 26, 1987. 101 STAT. 1330–436
(2)Provisions taking effect as if included in the tax reform act of 1986.— The following provisions shall take effect as if included in the amendments made by section 1172 of the Tax Reform Act of 1986:
(A)Section 2057(f)(2) of the Internal Revenue Code of 1986, as added by this section.
(B)The repeal of the requirement that a sale be made by the executor of an estate to qualify for purposes of section 2057 of such Code.
(3)Direct ownership requirement.— If the requirements of section 2057(d)(1)(B) of such Code (as modified by section 2057(d)(2) of such Code), as in effect after the amendments made by this section, are met with respect to any employer securities sold after October 22, 1986, and before February 27, 1987, such securities shall be treated as having been directly owned by the decedent for purposes of section 2057 of such Code, as in effect before such amendments.
(4)Reduction for sales on or before February 26, 1987.— In applying the limitations of subsection
(b)of section 2057 of such Code to sales after February 26, 1987, there shall be taken into account sales on or before February 26, 1987, to which section 2057 of such Code applied. SEC. 10413. EXCISE TAX ON PLANS OR COOPERATIVES DISPOSING OF EMPLOYER SECURITIES FOR WHICH ESTATE TAX DEDUCTION WAS ALLOWED.
(a)In General.— Chapter 43 (relating to excise taxes on qualified pension, etc., plans) is amended by inserting after section 4978 the following new section: " “SEC. 4978A. TAX ON CERTAIN DISPOSITIONS OF EMPLOYER SECURITIES TO WHICH SECTION 2057 APPLIED. “(a) Imposition of Tax.— In the case of a taxable event involving qualified employer securities held by an employee stock ownership plan or eligible worker-owned cooperative, there is hereby imposed a tax equal to the amount determined under subsection (b). “(b) Amount of Tax.— “(1) In general.— The amount of the tax imposed by subsection
(a)shall be equal to 30 percent of— “(A) the amount realized on the disposition in the case of a taxable event described in paragraph
(1)or
(2)of subsection (c), or “(B) Loans. the amount repaid on the loan in the case of a taxable event described in paragraph
(3)of subsection (c). “(2) Dispositions other than sales or exchanges.— For purposes of paragraph (1), in the case of a disposition of employer securities which is not a sale or exchange, the amount realized on such disposition shall be the fair market value of such employer securities at the time of disposition. “(c) Taxable Event.— For purposes of this section, the term ‘taxable event’ means the following: “(1) Disposition within 3 years of acquisition.— Any disposition of employer securities by an employee stock ownership plan or eligible worker-owned cooperative within 3 years after such plan or cooperative acquired qualified employer securities. 101 STAT. 1330–437 “(2) Stocks disposed of before allocation.— Any disposition of qualified employer securities to which paragraph
(1)does not apply if— “(A) such disposition occurs before such securities are allocated to accounts of participants or their beneficiaries, and “(B) the proceeds from such disposition are not so allocated. “(3) Use of assets to repay acquisition loans.— The payment by an employee stock ownership plan of any portion of any loan used to acquire employer securities from transferred assets (within the meaning of section 2057(c)(2)(B)). “(d) Ordering Rules.— For purposes of this section and section 4978, any disposition of employer securities shall be treated as having been made in the following order: “(1) First, from qualified employer securities acquired during the 3-year period ending on the date of such disposition, beginning with the securities first so acquired. “(2) Second, from qualified employer securities acquired before such 3-year period unless such securities (or the proceeds from such disposition) have been allocated to accounts of participants or their beneficiaries. “(3) Third, from qualified securities (within the meaning of section 4978(e)(2)) to which section 1042 applied acquired during the 3-year period ending on the date of such disposition, beginning with the securities first so acquired. “(4) Finally, from any other employer securities. In the case of a disposition to which section 4978(d) or subsection
(e)applies, the disposition of employer securities shall be treated as having been made in the opposite order of the preceding sentence. “(e) Section Not To Apply to Certain Dispositions.— “(1) In general.— This section shall not apply to any disposition described in paragraph
(1)or
(3)of section 4978(d). “(2) Certain reorganizations.— For purposes of this section, any exchange of qualified employer securities for employer securities of another corporation in any reorganization described in section 368(a)(1) shall not be treated as a disposition, but the employer securities which were received shall be treated— “(A) as qualified employer securities of the plan or cooperative, and “(B) as having been held by the plan or cooperative during the period the qualified employer securities were held. “(3) Disposition to meet diversification requirements.— Any disposition which is made to meet the requirements of section 401(a)(28) shall not be treated as a disposition. “(f) Definitions and Special Rules.— For purposes of this section— “(1) Terms used in section 2057.— Any term used in this section which is used in section 2057 shall have the meaning given such term by section 2057. “(2) Qualified employer securities.— The term ‘qualified employer securities’ has the meaning given such term by section 101 STAT. 1330–4382057, except that such term shall include employer securities sold before February 27, 1987, for which a deduction was allowed under section 2057. “(3) Disposition.— The term ‘disposition’ includes any distribution. “(4) Liability for payment of taxes.— The tax imposed by this section shall be paid by— “(A) the employer, or “(B) the eligible worker-owned cooperative, which made the written statement described in section 2057(e).” "
(b)Conforming Amendments.—
(1)Section 4978(b)(2) is amended by striking out the parenthetical and inserting in lieu thereof “(determined as if such securities were disposed of in the order described in section 4978A(e))”.
(2)The table of sections for chapter 43 is amended by inserting after the item relating to section 4978 the following new item: " “Sec. 4978A. Tax on certain dispositions of employer securities to which section 2057 applied.” "
(c)[26 USC 4978](/us/usc/t26/s4978) note. Effective Date.— The amendments made by this section shall apply to taxable events (within the meaning of section 4978A(c) of the Internal Revenue Code of 1986) occurring after February 26, 1987. **Subtitle E—** **Provisions Relating to Excise Taxes and User Fees** **PART I—** **EXCISE TAXES** SEC. 10501. EXTENSION OF TELEPHONE EXCISE TAX. Paragraph
(2)of section 4251(b) (relating to applicable percentage) is amendea to read as follows: " “(2) Applicable percentage.— The term ‘applicable percentage’ means 3 percent; except that, with respect to amounts paid pursuant to bills first rendered after 1990, the applicable percentage shall be zero.” " SEC. 10502. DIESEL FUEL AND AVIATION FUEL TAXES IMPOSED AT WHOLESALE LEVEL.
(a)In General.— Part III of subchapter A of chapter 32 is amended by inserting after subpart A the following new subpart: " **“Subpart B—** **Diesel Fuel and Aviation Fuel** “Sec. 4091. Imposition of tax. “Sec. 4092. Definitions. “Sec. 4093. Exemptions; special rule. “SEC. 4091. IMPOSITION OF TAX.[26 USC 4091](/us/usc/t26/s4091). “(a) In General.— There is hereby imposed a tax on the sale of any taxable fuel by the producer or the importer thereof or by any producer of a taxable fuel. “(b) Rate of Tax.— “(1) In general.— The rate of the tax imposed by subsection
(a)shall be the sum of— 101 STAT. 1330–439 “(A)
(i)the Highway Trust Fund financing rate in the case of diesel fuel, and “(ii) the Airport and Airway Trust Fund financing rate in the case of aviation fuel, and “(B) the Leaking Underground Storage Tank Trust Fund financing rate in the case of any taxable fuel. “(2) Highway trust fund financing rate.— For purposes of paragraph (1), except as provided in subsection (c), the Highway Trust Fund financing rate is 15 cents per gallon. “(3) Airport and airway trust fund financing rate.— For purposes of paragraph (1), the Airport and Airway Trust Fund financing rate is 14 cents per gallon. “(4) Leaking underground storage tank trust fund financing rate.— For purposes of paragraph (1), the Leaking Underground Storage Tank Trust Fund financing rate is 0.1 cent per gallon. “(5) Termination of rates.— “(A) The Highway Trust Fund financing rate shall not apply on and after October 1, 1993. “(B) The Airport and Airway Trust Fund financing rate shall not apply on and after January 1, 1988. “(C) The Leaking Underground Storage Tank Trust Fund financing rate shall not apply during any period during which the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 does not apply. “(c) Reduced Rate of Tax for Diesel Fuel in Alcohol Mixture, Etc.— Under regulations prescribed by the Secretary— “(1) In general.— The Highway Trust Fund financing rate shall be— “(A) 9 cents per gallon in the case of the sale of any mixture of diesel fuel if— “(i) at least 10 percent of such mixture consists of alcohol (as defined in section 4081(c)(3)), and “(ii) the diesel fuel in such mixture was not taxed under subparagraph (B), and “(B) 10 cents per gallon in the case of the sale of diesel fuel for use (at the time of such sale) in producing a mixture described in subparagraph (A). “(2) Later separation.— If any person separates the diesel fuel from a mixture of the diesel fuel and alcohol on which tax was imposed under subsection
(a)at a Highway Trust Fund financing rate equivalent to 9 cents a gallon by reason of this subsection (or with respect to which a credit or payment was allowed or made by reason of section 6427(f)(1)), such person shall be treated as the producer of such diesel fuel. The amount of tax imposed on any sale of such diesel fuel by such person shall be 5 cents per gallon. “(3) Termination.— Paragraph
(1)shall not apply to any sale after September 30, 1993. “(d) Exemption From Tax for Aviation Fuel in Alcohol Mixture, Etc.— “(1) In general.— The Airport and Airway Trust Fund financing rate shall not apply to the sale of— “(A) any mixture of aviation fuel at least 10 percent of which consists of alcohol (as defined in section 4081(c)(3)), or “(B) any aviation fuel for use (at the time of such sale) in producing a mixture described in subparagraph (A). 101 STAT. 1330–440 “(2) Later separation.— If any person separates the aviation fuel from a mixture of the aviation fuel and alcohol on which the Airport and Airway Trust Fund financing rate did not apply by reason of this subsection (or with respect to which a credit or payment was allowed or made by reason of section 6427(f)(2)), such person shall be treated as the producer of such aviation fuel. “(3) Termination.— Paragraph
(1)shall not apply to any sale after September 30, 1993. “SEC. 4092. DEFINITIONS.[26 USC 4092](/us/usc/t26/s4092). “(a) Taxable Fuel.— For purposes of this subpart— “(1) In general.— The term ‘taxable fuel’ means— “(A) diesel fuel, and “(B) aviation fuel. “(2) Diesel fuel.— The term ‘diesel fuel’ means any liquid (other than any product taxable under section 4081) which is suitable for use as a fuel in a diesel-powered highway vehicle or a diesel-powered train. “(3) Aviation fuel.— The term ‘aviation fuel’ means any liquid (other than any product taxable under section 4081) which is suitable for use as a fuel in an aircraft. “(b) Producer.— For purposes of this subpart— “(1) Certain persons treated as producers.— “(A) In general.— The term ‘producer’ includes any person described in subparagraph
(B)who elects to register under section 4101 with respect to the tax imposed by section 4091. “(B) Persons described.— A person is described in this subparagraph if such person is— “(i) a refiner, compounder, blender, or wholesale distributor of a taxable fuel, or “(ii) a dealer selling any taxable fuel exclusively to producers of such taxable fuel. “(C) Tax-free purchasers treated as producers.— Any person to whom any taxable fuel is sold tax-free under this subpart shall be treated as the producer of such fuel. “(2) Wholesale distributor.— For purposes of paragraph (1), the term ‘wholesale distributor’ includes any person who sells a taxable fuel to producers, retailers, or to users who purchase in bulk quantities and deliver into bulk storage tanks. Such term does not include any person who (excluding the term ‘wholesale distributor’ from paragraph (1)) is a producer or importer. “SEC. 4093. EXEMPTIONS; SPECIAL RULE.[26 USC 4093](/us/usc/t26/s4093). “(a) Heating Oil.— The tax imposed by section 4091 shall not apply in the case of sales of any taxable fuel which the Secretary determines is destined for use as heating oil. “(b) Regulations. Sales to Producer.— Under regulations prescribed by the Secretary, the tax imposed by section 4091 shall not apply in the case of sales of a taxable fuel to a producer of such fuel. “(c) Regulations. Authority to Exempt Certain Other Uses.— Subject to such terms and conditions as the Secretary may provide (including the application of section 4101), the Secretary may by regulation provide that— 101 STAT. 1330–441 “(1) the Highway Trust Fund financing rate under section 4091 shall not apply to diesel fuel sold for use by any purchaser as a fuel in a diesel-powered train, “(2) the Airport and Airway Trust Fund financing rate under section 4091 snail not apply to aviation fuel sold for use by any purchaser as a fuel in an aircraft not in noncommercial aviation (as defined in section 4041(c)(4)), “(3) the tax imposed by section 4091 shall not apply to taxable fuel sold for use by any purchaser other than as a motor fuel, and “(4) the tax imposed by section 4091 shall not apply to taxable fuel sold for the exclusive use of any State, any political subdivision of a State, or the District of Columbia. “(d) Special Administrative Rules.— The Secretary mayReports. require— “(1) information reporting by each remitter of the tax imposed by section 4091, and “(2) information reporting by, and registration of, such other persons as the Secretary deems necessary to carry out this subpart. “(e) Cross References.— “(1) For imposition of tax where certain uses of diesel fuel or aviation fuel occur before imposition of tax by section 4091, see subsections (a)(1) and (c)(1) of section 4041. “(2) For provisions allowing a credit or refund for fuel not used for certain taxable purposes, see section 6427.” "
(b)Retail Diesel Fuel and Aviation Fuel Taxes To Be Residual Taxes.—
(1)Paragraph
(1)of section 4041(a) is amended—
(A)by striking out “Diesel fuel” in the heading and inserting in lieu thereof “Tax on diesel fuel where no tax imposed on fuel under section 4091”, and
(B)by adding at the end thereof the following new sentence: " “No tax shall be imposed by this paragraph on the sale or use of any liquid if there was a taxable sale of such liquid under section 4091.” "
(2)Paragraph
(1)of section 4041(c) is amended—
(A)by striking out “In general” in the heading and inserting in lieu thereof “Tax on nongasoline fuels where no tax imposed on fuel under section 4091”, and
(B)by adding at the end thereof the following new sentence: " “No tax shall be imposed by this paragraph on the sale or use of any liquid if there was a taxable sale of such liquid under section 4091.” "
(3)Subsection
(d)of section 4041 is amended by redesignating paragraph
(3)as paragraph
(4)and by striking out paragraphs
(1)and
(2)and inserting in lieu thereof the following: " “(1) Tax on sales and uses subject to tax under subsection (a).— In addition to the taxes imposed by subsection (a), there is hereby imposed a tax of 0.1 cent a gallon on the sale or use of any liquid (other than liquefied petroleum gas) if tax is imposed by subsection
(a)on such sale or use. “(2) Tax on diesel fuel used in trains.— There is hereby imposed a tax of 0.1 cent a gallon on any liquid (other than a product taxable under section 4081)— 101 STAT. 1330–442 “(A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or “(B) used by any person as a fuel in a diesel-powered train unless there was a taxable sale of such liquid under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if there was a taxable sale of such liquid under section 4091. “(3) Liquids used in aviation.— In addition to the taxes imposed by subsection (c), there is hereby imposed a tax of 0.1 cent a gallon on any liquid (other than any product taxable under section 4081)— “(A) sold by any person to an owner, lessee, or other operator of an aircraft for use as a fuel in such aircraft, or “(B) used by any person as a fuel in an aircraft unless there was a taxable sale of such liquid under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if there was a taxable sale of such liquid under section 4091.” "
(4)Subsection
(n)of section 4041 is hereby repealed.
(c)Amendments Relating to Credits and Refunds.—
(1)Section 6427 is amended by redesignating subsections
(1)through
(p)as subsections
(m)through (q), respectively, and by inserting after subsection
(k)the following new subsection: " “(l) Nontaxable Uses of Diesel Fuel and Aviation Fuel Taxed Under Section 4091.— “(1) In general.— Except as provided in subsection
(k)and in paragraph
(3)of this subsection, if any fuel on which tax has been imposed by section 4091 is used by any person in a nontaxable use, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the aggregate amount of tax imposed on such fuel under section 4091. “(2) Nontaxable use.— For purposes of this subsection, the term ‘nontaxable use’ means, with respect to any fuel, any use of such fuel if such use is exempt from the taxes imposed by subsections (a)(1) and (c)(1) of section 4041 (other than by reason of the imposition of tax on any sale thereof). “(3) No refund of leaking underground storage tank trust fund financing tax.— Paragraph
(1)shall not apply to so much of the tax imposed by section 4091 as is attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section in the case of— “(A) fuel used in a diesel-powered train, and “(B) fuel used in any aircraft.” "
(2)Paragraph
(1)of section 6427(b) is amended—
(A)by striking out “subsection
(a)of section 4041” the first place it appears and inserting in lieu thereof “section 4041(a) or 4091”, and
(B)by striking out “subsection
(a)of section 4041” the second place it appears and inserting in lieu thereof “section 4041(a) or 4091, as the case may be”.
(3)Subparagraph
(B)of section 6427(e)(1) is amended by inserting “or 4091” after “section 4041”.
(4)Subsection
(f)of section 6427 is amended to read as follows: 101 STAT. 1330–443 " “(f) Gasoline, Diesel Fuel, and Aviation Fuel Used To 123123 Copy read “to”. Produce Certain Alcohol Fuels.— Except as provided in subsection (k)— “(1) Gasoline and diesel fuels.— “(A) In general.— If any gasoline or diesel fuel on which tax was imposed by section 4081 or 4091 at the regular Highway Trust Fund financing rate is used by any person in producing a mixture described in section 4081(c) or in section 4091(c)(1)(A) (as the case may be) which is sold or used in such person’s trade or business, the Secretary shall pay (without interest) to such person an amount equal to the excess of the regular Highway Trust Fund financing rate over the incentive Highway Trust Fund Financing rate with respect to such fuel. “(B) Definitions.— For purposes of subparagraph (A)— “(i) Regular highway trust fund financing rate.— The term ‘regular Highway Trust Fund financing rate’ means— “(I) 9 cents per gallon in the case of gasoline, and “(II) 15 cents per gallon in the case of diesel fuel, “(ii) Incentive highway trust fund financing rate.— The term ‘incentive Highway Trust Fund Financing rate’ means— “(I) 3⅓ cents per gallon in the case of gasoline, and “(II) 10 cents per gallon in the case of diesel fuel. “(C) Coordination with other repayment provisions.— No amount shall be payable under subparagraph
(A)with respect to any gasoline or diesel fuel with respect to which an amount is payable under subsection (d), (e), or
(1)of this section or under section 6420 or 6421. “(2) Aviation fuel.— If any aviation fuel on which tax was imposed by section 4091 is used by any person in producing a mixture at least 10 percent of which is alcohol (as defined in section 4081(c)(3)) which is sold or used in such person’s trade or business, the Secretary shall pay (without interest) to such person an amount equal to the aggregate amount of tax (attributable to the Airport and Airway Trust Fund financing rate) imposed on such fuel under section 4091. “(3) Termination.— Paragraphs
(1)and
(2)shall not apply with respect to any mixture sold or used after September 30, 1993.” "
(A)Paragraph
(1)of section 6427(i) is amended by striking out “or (h)” and inserting in lieu thereof “(h), or (1)”.
(B)Clause
(i)of section 6427(i)(2)(A) is amended by striking out “and (h)” and inserting in lieu thereof “(h), and
(I).
(6)Subsection
(o)of section 6427 (as redesignated by paragraph (1)) is amended to read as follows: " “(o) Termination of Certain Provisions.— Except with respect to taxes imposed by section 4041(d) and sections 4081 and 4091 at the Leaking Underground Storage Tank Trust Fund financing rate, subsections (a), (b), (c), (d), (g), (h), and
(1)shall only apply with respect to fuels purchased before October 1, 1993.” "
(d)Other Conforming Amendments.— 101 STAT. 1330–444
(1)Subsection
(c)of section 40 is amended by striking out “or section 4081(c)” and inserting in lieu thereof “, section 4081(c), or section 4091(c)”.
(2)Subparagraph
(B)of section 4081(e)(2), as amended by section 1703 of the Tax Reform Act of 1986, is amended by striking out “net revenues” and all that follows and inserting in lieu thereof the following: “net revenues are at least $500,000,000 from taxes imposed by section 4041(d) and taxes attributable to Leaking Underground Storage Tank Trust Fund financing rate imposed under this section and sections 4042 and 4091.”
(3)Subsection
(a)of section 4101, as amended by section 1703 of the Tax Reform Act of 1986, is amended by inserting “or 4091” after “section 4081”.
(4)Subsection
(a)of section 4221 is amended by striking out “(other than” and all that follows through “sale by the manufacturer” and inserting in lieu thereof “(other than under section 4121, 4081, or 4091) on the sale by the manufacturer”.
(5)Section 6206 is amended by striking out “or 4041” and inserting in lieu thereof “or 4041 or 4091”.
(6)Paragraph
(2)of section 6416(b) is amended—
(A)by striking out “(other than coal taxable under section 4121)”, and
(B)by adding at the end thereof the following new sentence: “This paragraph shall not apply in the case of any tax paid under section 4091 or 4121.”
(7)Subparagraph
(A)of section 6416(b)(3) is amended by inserting “and other than any fuel taxable under section 4091” after “section 4081”.
(8)Subparagraph
(B)of section 6416(b)(3) is amended by striking out “, such gasoline” and inserting in lieu thereof “or any fuel taxable under section 4091, such gasoline or fuel”.
(9)Subparagraph
(C)of section 6421(e)(2) is hereby repealed.
(10)The subsection
(j)of section 6421 relating to cross references is amended by striking out paragraph
(1)and by redesignating paragraphs (2), (3), and (4), as paragraphs (1), (2), and (3), respectively.
(11)Section 6652 is amended by striking out the subsection
(j)added by section 1702(b) of the Tax Reform Act of 1986 and by redesignating subsections
(1)and
(m)as subsections
(k)and (l), respectively.
(12)Subsection
(b)of section 9502 is amended by striking out “and” at the end of paragraph (2), by redesignating paragraph
(3)as paragraph (4), and by inserting after paragraph
(2)the following new paragraph: " “(3) amounts determined by the Secretary to be equivalent to the taxes received in the Treasury before January 1, 1988, under section 4091 (to the extent attributable to the Airport and Airway Trust Fund financing rate), and”. "
(13)Paragraph
(1)of section 9503(b) is amended by striking out subparagraph
(F)and inserting in lieu thereof the following: " “(F) section 4091 (relating to tax on diesel fuel), and”. "
(14)Paragraph
(4)of section 9503(b) is amended to read as follows: " “(4) Certain additional taxes not transferred to highway trust fund.— For purposes of paragraphs
(1)and (2)— 101 STAT. 1330–445 “(A) there shall not be taken into account the taxes imposed by sections 4041(d), and “(B) there shall be taken into account the taxes imposed by sections 4081 and 4091 only to the extent attributable to the Highway Trust Fund financing rates under such sections.” "
(15)Paragraph
(2)of section 9503(e) is amended—
(A)by striking out “sections 4041 and 4081” and inserting in lieu thereof “sections 4041, 4081, and 4091”, and
(B)by striking out “section 4041 or 4081” and inserting in lieu thereof “section 4041, 4081, or 4091”.
(16)Subsection
(b)of section 9508 is amended by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively, and by inserting after paragraph
(2)the following new paragraph: " “(3) taxes received in the Treasury under section 4091 (relating to tax on diesel fuel and aviation fuel) to the extent attributable to the Leaking Underground Storage Trust Fund financing rate under such section,”. "
(17)Subparagraph
(A)of section 9508(c)(2) is amended by striking out clause
(ii)and all that follows and inserting in lieu thereof the following: " “(ii) credits allowed under section 34, with respect to the taxes imposed by section 4041(d) or by sections 4081 and 4091 (to the extent attributable to the Leaking Underground Storage Trust Fund financing rate under such sections).” "
(18)The table of subparts for part III of subchapter A of chapter 32 is amended by inserting after the item relating to subpart A the following new item: " “Subpart B. Diesel fuel and aviation fuel.” "
(e)Effective Date.— The amendments made by this section shall[26 USC 40](/us/usc/t26/s40) note. apply to sales after March 31, 1988.
(f)Floor Stocks Tax.—[26 USC 4091](/us/usc/t26/s4091) note.
(1)Imposition of tax.— On any taxable fuel which on April 1, 1988, is held by a taxable person, there is hereby imposed a floor stocks tax at the rate of tax which would be imposed if such fuel were sold on such date in a sale subject to tax under section 4091 of the Internal Revenue Code of 1986 (as added by this section).
(2)Overpayment of floor stocks taxes, etc.— Sections 6416 and 6427 of such Code shall apply in respect of the floor stocks taxes imposed by this subsection so as to entitle, subject to all provisions of such sections, any person paying such floor stocks taxes to a credit or refund thereof for any reason specified in such sections. All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4091 of such Code (as so added) shall apply to the floor stocks taxes imposed by this subsection.
(3)Due date of tax.— The taxes imposed by this subsection shall be paid before June 16, 1988.
(4)Definitions.— For purposes of this subsection—
(A)Taxable fuel.—
(i)In general.— The term “taxable fuel” means any taxable fuel (as defined in section 4092 of such Code, as 101 STAT. 1330–446added by this section) on which no tax has been imposed under section 4041 of such Code.
(ii)Exception for fuel held for nontaxable uses.— The term “taxable fuel”124124 Copy read “ ‘taxable fuel’ ”. shall not include fuel held exclusively for any use which is a nontaxable use (as defined in section 6427(1) of such Code, as added by this section).
(B)Taxable person.— The term “taxable person” means any person other than a producer (as defined in section 4092 of such Code, as so added) or importer of taxable fuel.
(C)Held by a taxable person.— An article shall be treated as held by a person if title thereto has passed to such person (whether or not delivery to such person has been made).
(5)Special rule for fuel held for use in trains and commercial aircraft.— Only the Leaking Underground Storage Tank Trust Fund financing rate under section 4091 of such Code shall apply for purposes of this subsection with respect
(A)diesel fuel held exclusively for use as a fuel in a diesel-powered train, and
(B)aviation fuel held exclusively for use as a fuel in an aircraft not in noncommercial aviation (as defined in section 4041(c)(4) of such Code).
(6)Transfer of floor stock revenues to trust funds.— For purposes of determining the amount transferred to any trust fund, the tax imposed by this subsection shall be treated as imposed by section 4091 of such Code (as so added).
(g)Effective date.[26 USC 4091](/us/usc/t26/s4091) note. Coordination With Airport and Airway Safety and Capacity Expansion Act of 1987.— If the Airport and Airway Safety and Capacity Expansion Act of 1987 is enacted, effective on December 31, 1987, sections 4091(b)(5)(B) and 9502(b)(3) of such Code (as added by this section) are each amended by striking out “January 1, 1988” and inserting in lieu thereof “January 1, 1991”. 125125 Copy read “1991”, and.”. SEC. 10503. EXTENSION OF TEMPORARY INCREASE IN AMOUNT OF TAX IMPOSED ON COAL PRODUCERS. Subparagraph
(A)of section 4121(e)(2) (relating to temporary increase termination date) is amended by striking out “January 1, 1996” and inserting in lieu thereof “January 1, 2014”. **PART II—** **TAX-RELATED USER FEES** SEC. 10511. FEES FOR REQUESTS FOR RULING. DETERMINATION, AND SIMILAR LETTERS.[26 USC 7801](/us/usc/t26/s7801) note.
(a)General Rule.— The Secretary of the Treasury or his delegate (hereinafter in this section referred to as the “Secretary”) shall establish a program requiring the payment of user fees for requests to the Internal Revenue Service for ruling letters, opinion letters, and determination letters and for similar requests.
(b)Program Criteria.—
(1)In general.— The fees charged under the program required by subsection (a)— 101 STAT. 1330–447
(A)shall vary according to categories (or subcategories) established by the Secretary,
(B)shall be determined after taking into account the average time for (and difficulty of) complying with requests in each category (and subcategory), and
(C)shall be payable in advance.
(2)Exemptions, etc.— The Secretary shall provide for such exemptions (and reduced fees) under such program as he determines to be appropriate.
(3)Average fee requirement.— The average fee charged under the program required by subsection
(a)shall not be less than the amount determined under the following table: **Category** **Average Fee** Employee plan ruling and opinion $250 Exempt organization ruling $350 Employee plan determination $300 Exempt organization determination $275 Chief counsel ruling $200.
(c)Application of Section.— Subsection
(a)shall apply with respect to requestsEffective date. made on or after the 1st day of the second calendar month beginning after the date of the enactment of this Act and before September 30, 1990. SEC. 10512. OCCUPATIONAL TAXES RELATING TO ALCOHOL, TOBACCO, AND FIREARMS.
(a)Occupational Taxes on Distilled Spirits Plants, Bonded Wine Cellars, Breweries, Etc.—
(1)Distilled spirits plants, bonded wine cellars, etc.—
(A)In general.— Part II of subchapter A of chapter 51 (relating to distilled spirits, wines, and beer) is amended by inserting before subpart B the following new subpart: " **“Subpart A—** **Proprietors of Distilled Spirits Plants, Bonded Wine Cellars, Etc.** “Sec. 5081. Imposition and rate of tax. “SEC. 5081. IMPOSITION AND RATE OF TAX.[26 USC 5081](/us/usc/t26/s5081). “(a) General Rule.— Every proprietor of— “(1) a distilled spirits plant, “(2) a bonded wine cellar, “(3) a bonded wine warehouse, or “(4) a taxpaid wine bottling house, shall pay a tax of $1,000 per year in respect of each such premises. “(b) Reduced Rates for Small Proprietors.— “(1) In general.— Subsection
(a)shall be applied by substituting ‘$500’ for ‘$1,000’ with respect to any taxpayer the gross receipts of which (for the most recent taxable year ending before the 1st day of the taxable period to which the tax imposed by subsection
(a)relates) are less than $500,000. “(2) Controlled group rules.— All persons treated as 1 tax-payer under section 5061(e)(3) shall be treated as 1 taxpayer for purposes of paragraph (1). “(3) Certain rules to apply.— For purposes of paragraph (1), rules similar to the rules of subparagraphs
(B)and
(C)of section 448(c)(3) shall apply.” "
(B)Technical amendments.— 101 STAT. 1330–448
(i)Subsection
(a)of section 5691 is amended by striking out “the business of a brewer, wholesale dealer in liquors, retail dealer in liquors, wholesale dealer in beer, retail dealer in beer, or limited retail dealer,” and inserting in lieu thereof “a business subject to a special tax imposed by part II of subchapter A or section 5276 (relating to occupational taxes)”
(ii)The section heading of section 5691 is amended by striking out “**RELATING TO LIQUORS**”.
(iii)The table of sections for part V of subchapter J of chapter 51 is amended by striking out “relating to liquors” in the item relating to section 5691.
(C)Clerical amendment.— The table of subparts for part II of subchapter A of chapter 51 is amended by inserting before the item relating to subpart B the following new item: " “Subpart A. Proprietors of distilled spirits plants, bonded wine cellars, etc.” "
(2)Breweries.— Section 5091 (relating to imposition and rate of tax on brewers) is amended to read as follows: " “SEC. 5091. IMPOSITION AND RATE OF TAX.[26 USC 5091](/us/usc/t26/s5091). “(a) General Rule.— Every brewer shall pay a tax of $1,000 per year in respect of each brewery. “(b) Reduced Rates for Small Brewers.— Rules similar to the rules of section 5081(b) shall apply for purposes of subsection (a).” "
(b)Wholesale Dealers in Liquors and Beer.—
(1)Liquors.— Subsection
(a)of section 5111 (relating to imposition and rate of tax on wholesale dealers) is amended by striking out “$255” and inserting in lieu thereof “$500”.
(2)Beer.— Subsection
(b)of section 5111 is amended by striking out “$123” and inserting in lieu thereof “$500”.
(c)Retail Dealers in Liquors and Beer.—
(1)Liquors.— Subsection
(a)of section 5121 (relating to imposition and rate of tax on retail dealers) is amended by striking out “$54” and inserting in lieu thereof “$250”.
(2)Beer.— Subsection
(b)of section 5121 is amended by striking out “$24” and inserting in lieu thereof “$250”.
(3)Repeal of tax on limited retail dealers.— Subsection
(c)of section 5121 is hereby repealed.
(d)Tax on Nonbeverage Domestic Drawback.— Subsection
(b)of section 5131 (relating to eligibility and rate of tax) is amended to read as follows: " “(b) Rate of Tax.— The special tax imposed by subsection
(a)shall be $500 per year.” "
(e)Tax on Industrial Use of Distilled Spirits.—
(1)In general.— Subchapter D of chapter 51 (relating to industrial use of distilled spirits) is amended by adding at the end thereof the following new section: " “SEC. 5276. OCCUPATIONAL TAX.[26 USC 5276](/us/usc/t26/s5276). “(a) General Rule.— A permit issued under section 5271 shall not be valid with respect to acts conducted at any place unless the person holding such permit pays a special tax of $250 with respect to such place. 101 STAT. 1330–449 “(b) Certain Occupational Tax Rules To Apply.— Rules similar to the rules of subpart G of part II of subchapter A shall apply for purposes of this section.” "
(2)Clerical amendment.— The table of sections for such subchapter is amended by adding at the end thereof the following new item: " “Sec. 5276. Occupational tax.” "
(f)Tobacco.—
(1)In general.— Chapter 52 (relating to cigars, cigarettes, smokeless tobacco and cigarette papers and tubes) is amended by redesignating subchapters D, E, and F as subchapters E, F, and G, respectively, and by inserting after subchapter C the following new subchapter: " **“Subchapter D—** **Occupational Tax** “Sec. 5731. Imposition and rate of tax. “SEC. 5731. IMPOSITION AND RATE OF TAX.[26 USC 5731](/us/usc/t26/s5731). “(a) General Rule.— Every person engaged in business as— “(1) a manufacturer of tobacco products, “(2) a manufacturer of cigarette papers and tubes, or “(3) an export warehouse proprietor, shall pay a tax of $1,000 per year in respect of each premises at which such business is carried on. “(b) Reduced Rates for Small Proprietors.— “(1) In general.— Subsection
(a)shall be applied by substituting ‘$500’ for ‘$1,000’ with respect to any taxpayer the gross receipts of which (for the most recent taxable year ending before the 1st day of the taxable period to which the tax imposed by subsection
(a)relates) are less than $500,000. “(2) Controlled group rules.— All persons treated as 1 tax-payer under section 5061(e)(3) shall be treated as 1 taxpayer for purposes of paragraph (1). “(3) Certain rules to apply.— For purposes of paragraph (1), rules similar to the rules of subparagraphs
(B)and
(C)of section 448(c)(3) shall apply. “(c) Certain Occupational Tax Rules To Apply.— Rules similar to the rules of subpart G of part II of subchapter A of chapter 51 shall apply for purposes of this section. “(d) Penalty for Failure to Register.— Any person engaged in a business referred to in subsection
(a)who willfully fails to pay the tax imposed by subsection
(a)shall be fined not more than $5,000, or imprisoned not more than 2 years, or both, for each such offense.” "
(2)Clerical amendment.— The table of subchapters for chapter 52 is amended by redesignating the items relating to subchapters D, E, and F as items relating to subchapters E, F, and G, respectively, and by inserting after the item relating to subchapter C the following new item: “Subchapter D. Occupational tax.”
(g)Firearms.—
(1)In general.— Section 5801 (relating to occupational taxes) is amended to read as follows: 101 STAT. 1330–450 " “SEC. 5801. IMPOSITION OF TAX.[26 USC 5801](/us/usc/t26/s5801). “(a) General Rule.— On 1st engaging in business and thereafter on or before July 1 of each year, every importer, manufacturer, and dealer in firearms shall pay a special (occupational) tax for each place of business at the following rates: “(1) Importers and manufacturers: $1,000 a year or fraction thereof. “(2) Dealers: $500 a year or fraction thereof. “(b) Reduced Rates of Tax for Small Importers and Manufacturers.— “(1) In general.— Paragraph
(1)of subsection
(a)shall be applied by substituting ‘$500’ for ‘$1,000’ with respect to any taxpayer the gross receipts of which (for the most recent taxable year ending before the 1st day of the taxable period to which the tax imposed by subsection
(a)relates) are less than $500,000. “(2) Controlled group rules.— All persons treated as 1 tax-payer under section 5061(e)(3) shall be treated as 1 taxpayer for purposes of paragraph (1). “(3) Certain rules to apply.— For purposes of paragraph (1), rules similar to the rules of subparagraphs
(B)and
(C)of section 448(c)(3) shall apply.” "
(2)Clerical amendment.— The table of sections for part I of subchapter A of chapter 53 is amended by striking out the item relating to section 5801 and inserting in lieu thereof the following new item: " “Sec. 5801. Imposition of tax.” "
(h)Effective Date.—[26 USC 5081](/us/usc/t26/s5081) note.
(1)In general.— The amendments made by this section shall take effect on January 1, 1988.
(2)All taxpayers treated as commencing in business on january 1, 1988.—
(A)In general.— Any person engaged on January 1, 1988, in any trade or business which is subject to an occupational tax shall be treated for purposes of such tax as having 1st engaged in such trade or business on such date.
(B)Limitation on amount of tax.— In the case of a taxpayer who paid an occupational tax in respect of any premises for any taxable period which began before January 1, 1988, and includes such date, the amount of the occupational tax imposed by reason of subparagraph
(A)in respect of such premises shall not exceed an amount equal to ½ the excess (if any) of—
(i)the rate of such tax as in effect on January 1, 1988, over
(ii)the rate of such tax as in effect on December 31, 1987.
(C)Occupational tax.— For purposes of this paragraph, the term “occupational tax” means any tax imposed under part II of subchapter A of chapter 51, section 5276, section 5731, or section 5801 of the Internal Revenue Code of 1986 (as amended by this section).
(D)Due date of tax.— The amount of any tax required to be paid by reason of this paragraph shall be due on April 1, 1988. 101 STAT. 1330–451 **Subtitle F—** **Other Revenue Provisions** **PART I—** **TARGETED JOBS CREDIT** SEC. 10601. DENIAL OF TARGETED JOBS CREDIT FOR WAGES PAID DURING PERIOD OF LABOR DISPUTE.
(a)General Rule.— Subsection
(c)of section 51 (defining wages) is amended by redesignating paragraph
(3)as paragraph
(4)and by inserting after paragraph
(2)the following new paragraph: " “(3) Payments for services during labor disputes.— If— “(A) the principal place of employment of an individual with the employer is at a plant or facility, and “(B) there is a strike or lockout involving employees at such plant or facility, the term ‘wages’ shall not include any amount paid or incurred by the employer to such individual for services which are the same as, or substantially similar to, those services performed by employees participating in, or affected by, the strike or lockout during the period of such strike or lockout.” "
(b)Effective Date.— The amendment made by subsection (a)[26 USC 51](/us/usc/t26/s51) note. shall apply to amounts paid or incurred on or after January 1, 1987, for services rendered on or after such date. **PART II—** **TREATMENT OF CERTAIN ILLEGAL IRRIGATION SUBSIDIES** SEC. 10611. TREATMENT OF CERTAIN ILLEGAL IRRIGATION SUBSIDIES.
(a)General Rule.— Part II of subchapter B of chapter 1 (relating to items specifically included in gross income) is amended by adding at the end thereof the following new section: " “SEC. 90. ILLEGAL FEDERAL IRRIGATION SUBSIDIES.[26 USC 90](/us/usc/t26/s90). “(a) General Rule.— Gross income shall include an amount equal to any illegal Federal irrigation subsidy received by the taxpayer during the taxable year. “(b) Illegal Federal Irrigation Subsidy.— For purposes of this section— “(1) In general.— The term ‘illegal Federal126126 Copy read “federal”. irrigation subsidy’ means the excess (if any) of— “(A) the amount required to be paid for any Federal irrigation water delivered to the taxpayer during the tax-payer year, over “(B) the amount paid for such water. “(2) Federal irrigation water.— The term ‘Federal irrigation water’ means any water made available for agricultural purposes from the operation of any reclamation or irrigation project referred to in paragraph
(8)of section 202 of the Reclamation Reform Act of 1982. “(c) Denial of Deduction.— No deduction shall be allowed under this subtitle by reason of any inclusion in gross income under subsection (a).” " 101 STAT. 1330–452
(b)Clerical Amendment.— The table of sections for part II of subchapter B of chapter 1 is amended by adding at the end thereof the following new item: " “Sec. 90. Federal irrigation subsidies.” "
(c)[26 USC 90](/us/usc/t26/s90) note. Effective Date.— The amendments made by this section shall apply to water delivered to the taxpayer in months beginning after the date of the enactment of this Act. **PART III—** **COMPLIANCE** SEC. 10621. STATE ESCHEAT LAWS NOT TO APPLY TO REFUNDS OF FEDERAL TAX.
(a)General Rule.— Subchapter A of chapter 65 (relating to procedure in general for abatements, credits, and refunds) is amended by adding at the end thereof the following new section: " “SEC. 6408. STATE ESCHEAT LAWS NOT TO APPLY.[26 USC 6408](/us/usc/t26/s6408). “No overpayment of any tax imposed by this title shall be refunded (and no interest with respect to any such overpayment shall be paid) if the amount of such refund (or interest) would escheat to a State or would otherwise become the property of a State under any law relating to the disposition of unclaimed or abandoned property. No refund (or payment of interest) shall be made to the estate of any decedent unless it is affirmatively shown that such amount will not escheat to a State or otherwise become the property of a State under such a law.” "
(b)Clerical Amendment.— The table of sections for subchapter A of chapter 65 is amended by adding at the end thereof the following new item: " “Sec. 6408. State escheat laws not to apply.” "
(c)[26 USC 6408](/us/usc/t26/s6408) note. Effective Date.— The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 10622. SENSE OF CONGRESS AS TO INCREASED INTERNAL REVENUE SERVICE FUNDING FOR TAXPAYER ASSISTANCE AND ENFORCEMENT.[26 USC 7803](/us/usc/t26/s7803) note.
(a)Findings.— The Congress hereby finds that—
(1)the Internal Revenue Service estimates that the amount of taxes owed for 1986 will exceed the amount of taxes collected for such year by $100 billion;
(2)the current taxpayer compliance rate stands at 81.5 percent;
(3)the tax gap can be significantly reduced by enhancing taxpayer assistance services and enforcement; and
(4)the Appropriations Committee of the House of Representatives, in its fiscal year 1988 Internal Revenue Service appropriation, took a step in the direction of providing additional funding for taxpayer assistance and enforcement efforts.
(b)It is the sense of the Congress that:
(1)The Congress increase outlays for the Internal Revenue Service in fiscal year 1989 and fiscal year 1990 in the areas of taxpayer assistance and enforcement by $.7 billion in fiscal year 1989 for a revenue total of $3.2 billion and by $.8 billion in fiscal year 1990 for a revenue total of $4.4 billion. The net revenue increase would be $2.5 billion in fiscal year 1989 and $3.6 billion in fiscal year 1990, or a net revenue increase over the House 101 STAT. 1330–453Appropriations Committee recommendations of $.4 billion in fiscal year 1989 and $1.3 billion in fiscal year 1990.
(2)The Internal Revenue Service offer improved taxpayer assistance and enforcement efforts by using the aforementioned outlays in areas recommended by, or consistent with the recommendations of, the “Dorgan Task Force Report”. Taxpayer assistance efforts would include providing expanded taxpayer education programs, instituting pilot programs of taxmobiles in rural areas, and upgrading the quality of telephone assistance. Taxpayer enforcement efforts would include raising the audit rate from 1.1 percent toward 2.5 percent, restoring resources to criminal investigations, and the collection of delinquent accounts.
(3)The Congress should undertake an experimental multiyear authorization and 2-year appropriation for the Internal Revenue Service consistent with the recommendations in Public Law 100–119, section127 201 (Increasing the Statutory Limit on the Public Debt).
(4)Increased funding should be provided for compilation and analysis of statistics of income and research. The Internal Revenue Service must issue a report on the extent ofReports. the tax gap and the measures that could be undertaken to decrease the tax gap. The report must utilize more current data than has been utilized recently. The report must be issued by April 15, 1989. The Internal Revenue Service must also report annually on the improvements being made in the audit rate, taxpayer assistance, and enforcement efforts. **PART IV—** **TAX-EXEMPT BOND PROVISIONS** SEC. 10631. ISSUES USED TO ACQUIRE NONGOVERNMENTAL OUTPUT PROPERTY.
(a)In General.— Section 141 is amended by redesignating subsection
(d)as subsection
(e)and by inserting after subsection
(c)the following new subsection: " “(d) Certain Issues Used To Acquire Nongovernmental Output Property Treated as Private Activity Bonds.— “(1) In general.— For purposes of this title, the term ‘private activity bond’ includes any bond issued as part of an issue if the amount of the proceeds of the issue which are to be used (directly or indirectly) for the acquisition by a governmental unit of nongovernmental output property exceeds the lesser of— “(A) 5 percent of such proceeds, or “(B) $5,000,000. “(2) Nongovernmental output property.— Except as otherwise provided in this subsection, for purposes of paragraph (1), the term ‘nongovernmental output property’ means any property (or interest therein) which before such acquisition was used (or held for use) by a person other than a governmental unit in connection with an output facility (within the meaning of subsection (b)(4)) (other than a facility for the furnishing of water). For purposes of the preceding sentence, use (or the holding for use) before October 14, 1987, shall not be taken into account. 101 STAT. 1330–454 “(3) Exception for property acquired to provide output to certain areas.— For purposes of paragraph (1)— “(A) In general.— The term ‘nongovernmental output property’ shall not include any property which is to be used in connection with an output facility 95 percent or more of the output of which will be consumed in— “(i) a qualified service area of the governmental unit acquiring the property, or “(ii) a qualified annexed area of such unit. “(B) Definitions.— For purposes of subparagraph (A)— “(i) Qualified service area.— The term ‘qualified service area’ means, with respect to the governmental unit acquiring the property, any area throughout which such unit provided (at all times during the 10-year period ending on the date such property is acquired by such unit) output of the same type as the output to be provided by such property. For purposes of the preceding sentence, the period before October 14, 1987, shall not be taken into account. “(ii) Qualified annexed area.— The term ‘qualified annexed area’ means, with respect to the governmental unit acquiring the property, any area if— “(I) such area is contiguous to, and annexed for general governmental purposes into, a qualified service area of such unit, “(II) output from such property is made available to all members of the general public in the annexed area, and “(III) the annexed area is not greater than 10 percent of such qualified service area. “(C) Limitation on size of annexed area not to apply where output capacity does not increase by more than 10 percent.— Subclause
(III)of subparagraph (B)(ii) shall not apply to an annexation of an area by a governmental unit if the output capacity of the property acquired in connection with the annexation, when added to the output capacity of all other property which is not treated as non-governmental output property by reason of subparagraph (A)(ii) with respect to such annexed area, does not exceed 10 percent of the output capacity of the property providing output of the same type to the qualified service area into which it is annexed. “(D) Rules for determining relative size, etc.— For purposes of subparagraphs (B)(ii) and (C)— “(i) The size of any qualified service area and the output capacity of property serving such area shall be determined as the close of the calendar year preceding the calendar year in which the acquisition of non-governmental output property or the annexation occurs. “(ii) A qualified annexed area shall be treated as part of the qualified service area into which it is annexed for purposes of determining whether any other area annexed in a later year is a qualified annexed area. “(4) Exception for property converted to nonoutput use.— For purposes of paragraph (1)— 101 STAT. 1330–455 “(A) In general.— The term ‘nongovernmental output property’ shall not include any property which is to be converted to a use not in connection with an output facility. “(B) Exception.— Subparagraph
(A)shall not apply to any property which is part of the output function of a nuclear power facility. “(5) Special rules.— In the case of a bond which is a private activity bond solely by reason of this subsection— “(A) subsections
(c)and
(d)of section 147 (relating to limitations on acquisition of land and existing property) shall not apply, and “(B) paragraph
(8)of section 142(a) shall be applied as if it did not contain ‘local’. “(6) Treatment of joint action agencies.— With respect to nongovernmental output property acquired by a joint action agency the members of which are governmental units, this subsection shall be applied at the member level by treating each member as acquiring its proportionate share of such property.” "
(b)Technical Amendment.— Subparagraph
(A)of section 146(15(5) is amended to read as follows: " “(A) the purpose of issuing exempt facility bonds described in 1 of the paragraphs of section 142(a),”. "
(c)Effective Date.—[26 USC 141](/us/usc/t26/s141) note.
(1)In general.— Except as otherwise provided in this subsection, the amendments made by this section shall apply to bonds issued after October 13, 1987 (other than bonds issued to refund bonds issued on or before such date).
(2)Binding agreements.— The amendments made by this section shall not apply to bonds (other than advance refunding bonds) with respect to a facility acquired after October 13, 1987, pursuant to a binding contract entered into on or before such date.
(3)Transitional rule.— The amendments made by this section shall not apply to bonds issued—
(A)after October 13, 1987, by an authority created by a statute—
(i)approved by the State Governor on July 24, 1986 and
(ii)sections 1 through 10 of which became effective on January 15, 1987, and
(B)to provide facilities serving the area specified in such statute on the date of its enactment. SEC. 10632. BONDS ISSUED BY INDIAN TRIBAL GOVERNMENTS.
(a)In General.— Section 7871 is amended by adding at the end thereof the following new subsection: " “(e) Essential Governmental Function.— For purposes of this section, the term ‘essential governmental function’ shall not include any function which is not customarily performed by State and local governments with general taxing powers.” "
(b)Exception for Certain Private Activity Bonds.—
(1)In general.— Subsection
(c)of section 7871 (relating to additional requirements for tax-exempt bonds) is amended by adding at the end thereof the following new paragraph: " “(3) Exception for certain private activity bonds.— “(A) In general.— In the case of an obligation to which this paragraph applies— 101 STAT. 1330–456 “(i) paragraph
(2)shall not apply, “(ii) such obligation shall be treated for purposes of this title as a qualified small issue bond, and “(iii) section 146 shall not apply. “(B) Obligations to which paragraph applies.— This paragraph shall apply to any obligation issued as part of an issue if— “(i) 95 percent or more of the net proceeds of the issue are to be used for the acquisition, construction, reconstruction, or improvement of property which is of a character subject to the allowance for depreciation and which is part of a manufacturing facility (as defined in section 144(a)(12)(C)), “(ii) such issue is issued by an Indian tribal government or a subdivision thereof, “(iii) 95 percent or more of the net proceeds of the issue are to be used to finance property which— “(I) is to be located on land which, throughout the 5-year period ending on the date of issuance of such issue, is part of the qualified Indian lands of the issuer, and “(II) is to be owned and operated by such issuer, “(iv) such obligation would not be a private activity bond without regard to subparagraph (C), “(v) it is reasonably expected (at the time of issuance of the issue) that the employment requirement of subparagraph (D)(i) will be met with respect to the facility to be financed by the net proceeds of the issue, and “(vi) no principal user of such facility will be a person (or group of persons) described in section 144(a)(6)(B). For purposes of clause (iii), section 150(a)(5) shall apply. “(C) Private activity bond rules to apply.— An obligation to which this paragraph applies (other than an obligation described in paragraph (1)) shall be treated for purposes of this title as a private activity bond. “(D) Employment requirements.— “(i) In general.— The employment requirements of this subparagraph are met with respect to a facility financed by the net proceeds of an issue if, as of the close of each calendar year in the testing period, the aggregate face amount of all outstanding tax-exempt private activity bonds issued to provide financing for the establishment which includes such facility is not more than 20 times greater than the aggregate wages (as defined by section 3121(a)) paid during the preceding calendar year to individuals (who are enrolled members of the Indian tribe of the issuer or the spouse of any such member) for services rendered at such establishment. “(ii) Failure to meet requirements.— “(I) In general.— If, as of the close of any calendar year in the testing period, the requirements of this subparagraph are not met with respect to an establishment, section 103 shall cease to apply to interest received or accrued (on all private activity bonds issued to provide financing for the 101 STAT. 1330–457establishment) after the close of such calendar year. “(II) Exception.— Subclause
(I)shall not apply if the requirements of this subparagraph would be met if the aggregate face amount of all tax-exempt private activity bonds issued to provide financing for the establishment and outstanding at the close of the 90th day after the close of the calender year were substituted in clause
(i)for such bonds outstanding at the close of such calendar year. “(iii) Testing period.— For purposes of this subparagraph, the term ‘testing period’ means, with respect to an issue, each calendar year which begins more than 2 years after the date of issuance of the issue (or, in the case of a refunding obligation, the date of issuance of the original issue). “(E) Definitions.— For purposes of this paragraph— “(i) Qualified Indian lands.— The term ‘qualified Indian lands’ means land which is held in trust by the United States for the benefit of an Indian tribe. “(ii) Indian tribe.— The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. “(iii) Net proceeds.— The term ‘net proceeds’ has the meaning given such term by section 150(a)(3).” "
(2)Technical amendment.— Paragraph
(2)of section 7871(c) is amended by striking out “Subsection (a)” and inserting in lieu thereof “Except as provided in paragraph (3), subsection (a)”,
(c)Effective Date.— The amendments made by this section shall[26 USC 7871](/us/usc/t26/s7871) note. apply to obligations issued after October 13, 1987. **Subtitle G—** **Lobbying and Political Activities of Tax-Exempt Organizations** **PART I—** **DISCLOSURE REQUIREMENTS** SEC. 10701. REQUIRED DISCLOSURE OF NONDEDUCTIBILITY OF CONTRIBUTIONS.
(a)General Rule.— Subchapter B of chapter 61 (relating to miscellaneous provisions) is amended by redesignating section 6113 as section 6114 and by inserting after section 6112 the following new section: " “SEC. 6113. DISCLOSURE OF NONDEDUCTIBILITY OF CONTRIBUTIONS.[26 USC 6113](/us/usc/t26/s6113). “(a) General Rule.— Each fundraising solicitation by (or on behalf of) an organization to which this section applies shall contain an express statement (in a conspicuous and easily recognizable format) that contributions or gifts to such organization are not deductible as charitable contributions for Federal income tax purposes. “(b) Organizations To Which Section Applies.— 101 STAT. 1330–458 “(1) In general.— Except as otherwise provided in this subsection, this section shall apply to any organization which is not described in section 170(c) and which— “(A) is described in subsection
(c)(other than paragraph
(1)thereof) or
(d)of section 501 and exempt from taxation under section 501(a), “(B) is a political organization (as defined in section 527(e)), or “(C) was an organization described in subparagraph
(A)or
(B)at any time during the 5-year period ending on the date of the fundraising solicitation or is a successor to an organization so described at any time during such 5-year period. “(2) Exception for small organizations.— “(A) Annual gross receipts do not exceed $100,000.— This section shall not apply to any organization the gross receipts of which in each taxable year are normally not more than $100,000. “(B) Multiple organization rule.— The Secretary may treat any group of 2 or more organizations as 1 organization for purposes of subparagraph
(A)where necessary or appropriate to prevent the avoidance of this section through the use of multiple organizations. “(3) Special rule for certain fraternal organizations.— For purposes of paragraph (1), an organization described in section 170(c)(4) shall be treated as described in section 170(c) only with respect to solicitations for contributions or gifts which are to be used exclusively for purposes referred to in section 170(c)(4). “(c) Fundraising Solicitation.— For purposes of this section— “(1) In general.— Except as provided in paragraph (2), the term ‘fundraising solicitation’ means any solicitation of contributions or gifts which is made— “(A) in written or printed form, “(B) by television or radio, or “(C) by telephone. “(2) Exception for certain letters or calls.— The term ‘fundraising solicitation’ shall not include any letter or telephone call if such letter or call is not part of a coordinated fundraising campaign soliciting more than 10 persons during the calendar year.” "
(b)Penalty.— Part I of subchapter B of chapter 68 (relating to assessable penalties) is amended by adding at the end thereof the following new section: " “SEC. 6710. FAILURE TO DISCLOSE THAT CONTRIBUTIONS ARE NON-DEDUCTIBLE.[26 USC 6710](/us/usc/t26/s6710). “(a) Imposition of Penalty.— If there is a failure to meet the requirement of section 6113 with respect to a fundraising solicitation by (or on behalf of) an organization to which section 6113 applies, such organization shall pay a penalty of $1,000 for each day on which such a failure occurred. The maximum penalty imposed under this subsection on failures by any organization during any calendar year shall not exceed $10,000. “(b) Reasonable Cause Exception.— No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause. 101 STAT. 1330–459 “(c) $10,000 Limitation Not To Apply Where Intentional Disregard.— If any failure to which subsection
(a)applies is due to intentional disregard of the requirement of section 6113— “(1) the penalty under subsection
(a)for the day on which such failure occurred shall be the greater of— “(A) $1,000, or “(B) 50 percent of the aggregate cost of the solicitations which occurred on such day and with respect to which there was such a failure, “(2) the $10,000 limitation of subsection
(a)shall not apply to any penalty under subsection
(a)for the day on which such failure occurred, and “(3) such penalty shall not be taken into account in applying such limitation to other penalties under subsection (a). “(d) Day on Which Failure Occurs.— For purposes of this section, any failure to meet the requirement of section 6113 with respect to a solicitation— “(1) by television or radio, shall be treated as occurring when the solicitation was telecast or broadcast, “(2) by mail, shall be treated as occurring when the solicitation was mailed, “(3) not by mail but in written or printed form, shall be treated as occurring when the solicitation was distributed, or “(4) by telephone, shall be treated as occurring when the solicitation was made.” "
(c)Clerical Amendments.—
(1)The table of sections for subchapter B of chapter 61 is amended by striking out the item relating to section 6113 and inserting in lieu thereof the following: " “Sec. 6113. Disclosure of nondeductibility of contributions. “Sec. 6114. Cross reference.” "
(2)The table of sections for part I of subchapter B of chapter 68 is amended by adding at the end thereof the following new item: “Sec. 6710. Failure to disclose that contributions are nondeductible.”
(d)Effective Date.— The amendments made by this section shall[26 USC 6113](/us/usc/t26/s6113) note. apply to solicitations after January 31, 1988. SEC. 10702. PUBLIC INSPECTION OF ANNUAL RETURNS AND APPLICATIONS FOR TAX-EXEMPT STATUS.
(a)General Rule.— Section 6104 (relating to publicity of information required from certain tax-exempt organizations and certain trusts) is amended by adding at the end thereof the following new subsection: " “(e) Public Inspection of Certain Annual Returns and Applications for Exemption.— “(1) Annual returns.— “(A) In general.— During the 3-year period beginning onPublic information. the filing date, a copy of the annual return filed under section 6033 (relating to returns by exempt organizations) by any organization to which this paragraph applies shall be made available by such organization for inspection during regular business hours by any individual at the principal office of the organization and, if such organization regularly maintains 1 or more regional or district offices 101 STAT. 1330–460having 3 or more employees, at each such regional or district office. “(B) Organizations to which paragraph applies.— This paragraph shall apply to any organization which— “(i) is described in subsection
(c)or
(d)of section 501 and exempt from taxation under section 501(a), and “(ii) is not a private foundation (within the meaning of section 509(a)). “(C) Nondisclosure of contributors.— Subparagraph
(A)shall not require the disclosure of the name or address of any contributor to the organization. “(D) Filing date.— For purposes of subparagraph (A), the term ‘filing date’ means the last day prescribed for filing the return under section 6033 (determined with regard to any extension of time for filing). “(2) Application for exemption.— “(A) In general.— If— “(i) an organization described in subsection
(c)or
(d)of section 501 is exempt from taxation under section 501(a), and “(ii) Public information. such organization filed an application for recognition of exemption under section 501, a copy of such application (together with a copy of any papers submitted in support of such application and any letter or other document issued by the Internal Revenue Service with respect to such application) shall be made available by the organization for inspection during regular business hours by any individual at the principal office of the organization and, if the organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office. “(B) Nondisclosure of certain information.— Subparagraph
(A)shall not require the disclosure of any information if the Secretary withheld such information from public inspection under subsection (a)(1)(D).” "
(b)[26 USC 6104](/us/usc/t26/s6104) note. Effective Date.— The amendment made by subsection
(a)shall apply—
(1)to returns for years beginning after December 31, 1986, and
(2)on and after the 30th day after the date of the enactment of this Act in the case of applications submitted to the Internal Revenue Service—
(A)after July 15, 1987, or
(B)on or before July 15, 1987, if the organization has a copy of the application on July 15, 1987. SEC. 10703. ADDITIONAL INFORMATION REQUIRED ON ANNUAL RETURNS OF SECTION 501(c)(3) ORGANIZATIONS.
(a)General Rule.— Subsection
(b)of section 6033 (relating to certain organizations described in section 501(c)(3)) 128128 Copy read “503(c)(3))”. is amended by striking out “and” at the end of paragraph (7), by striking out the period at the end of paragraph
(8)and inserting in lieu thereof a comma, and by inserting after paragraph
(8)the following new paragraphs: 101 STAT. 1330–461 " “(9) such other information with respect to direct or indirect transfers to, and other direct or indirect transactions and relationships with, other organizations described in section 501(c) (other than paragraph
(3)thereof) or section 527 as the Secretary may require to prevent— “(A) diversion of funds from the organization’s exempt purpose, or “(B) misallocation of revenues or expenses, and “(10) such other information for purposes of carrying out the internal revenue laws as the Secretary may require.” "
(b)Effective Date.— The amendments made by subsection (a)[26 USC 6033](/us/usc/t26/s6033) note. shall apply to returns for years beginning after December 31, 1987. SEC. 10704. PENALTIES.
(a)General Rule.— Subsection
(c)of section 6652 (relating to returns by exempt organizations and by certain trusts) is amended to read as follows: " “(c) Returns by Exempt Organizations and by Certain Trusts.— “(1) Annual returns under section 6033.— “(A) Penalty on organization.— In the case of— “(i) a failure to file a return required under section 6033 (relating to returns by exempt organizations) on the date and in the manner prescribed therefor (determined with regard to any extension of time for filing), or “(ii) a failure to include any of the information required to be shown on a return filed under section 6033 or to show the correct information, there shall be paid by the exempt organization $10 for each day during which such failure continues. The maximum penalty under this subparagraph on failures with respect to any 1 return shall not exceed the lesser of $5,000 or 5 percent of the gross receipts of the organization for the year. “(B) Managers.— “(i) In general.— The Secretary may make a written demand on any organization subject to penalty under subparagraph
(A)specifying therein a reasonable future date by which the return shall be filed (or the information furnished) for purposes of this subparagraph. “(ii) Failure to comply with demand.— If any person fails to comply with any demand under clause
(i)on or before the date specified in such demand, there shall be paid by the person failing to so comply $10 for each day after the expiration of the time specified in such demand during which such failure continues. The maximum penalty imposed under this subparagraph on all persons for failures with respect to any 1 return shall not exceed $5,000. “(C) Public inspection of annual returns.— In the case of a failure to comply with the requirements of subsection
(d)or (e)(i) of section 6104 (relating to public inspection of annual returns) on the date and in the manner prescribed therefor (determined with regard to any extension of time for filing), there shall be paid by the person failing to meet 101 STAT. 1330–462such requirements $10 for each day during which such failure continues. The maximum penalty imposed under this subparagraph on all persons for failures with respect to any 1 return shall not exceed $5,000. “(D) Public inspection of applications for exemption.— In the case of a failure to comply with the requirements of section 6104(e)(2) (relating to public inspection of applications for exemption) on the date and in the manner prescribed therefor, there shall be paid by the person failing to meet such requirements $10 for each day during which such failure continues. “(2) Returns under section 6034 or 6043 (b).— “(A) Penalty on organization or trust.— In the case of a failure to file a return required under section 6034 (relating to returns by certain trusts) or section 6043(b) (relating to terminations, etc., of exempt organizations), on the date and in the manner prescribed therefor (determined with regard to any extension of time for filing), there shall be paid by the exempt organization or trust failing so to file $10 for each day during which such failure continues, but the total amount imposed under this subparagraph on any organization or trust for failure to file any 1 return shall not exceed $5,000. “(B) Managers.— The Secretary may make written demand on an organization or trust failing to file under subparagraph
(A)specifying therein a reasonable future date by which such filing shall be made for purposes of this subparagraph. If such filing is not made on or before such date, there shall be paid by the person failing so to file $10 for each day after the expiration of the time specified in the written demand during which such failure continues, but the total amount imposed under this subparagraph on all persons for failure to file any 1 return shall not exceed $5,000. “(3) Reasonable cause exception.— No penalty shall be imposed under this subsection with respect to any failure if it is shown that such failure is due to reasonable cause. “(4) Other special rules.— “(A) Treatment as tax.— Any penalty imposed under this subsection shall be paid on notice and demand of the Secretary and in the same manner as tax. “(B) Joint and several liability.— If more than 1 person is liable under this subsection for any penalty with respect to any failure, all such persons shall be jointly and severally liable with respect to such failure. “(C) Person.— For purposes of this subsection, the term ‘person’ means any officer, director, trustee, employee, or other individual who is under a duty to perform the act in respect of which the violation occurs.” "
(b)Willful Failure To Permit Public Inspection.—
(1)In general.— Section 6685 (relating to assessable penalty with respect to private foundation annual returns) is amended to read as follows: 101 STAT. 1330–463 " “SEC. 6685. ASSESSABLE PENALTY WITH RESPECT TO PUBLIC INSPECTION REQUIREMENTS FOR CERTAIN TAX-EXEMPT ORGANIZATIONS.[26 USC 6685](/us/usc/t26/s6685). “In addition to the penalty imposed by section 7207 (relating to fraudulent returns, statements, or other documents), any person who is required to comply with the requirements of subsection
(d)or
(e)of section 6104 and who fails to so comply with respect to any return or application, if such failure is willful, shall pay a penalty of $1,000 with respect to each such return or application.” "
(2)Clerical amendment.— The table of sections for part I of subchapter B of chapter 68 is amended by striking out the item relating to section 6685 and inserting in lieu thereof the following: “Sec. 6685. Assessable penalty with respect to public inspection requirements for certain tax-exempt organizations.”
(c)Furnishing Fraudulent Information.— Section 7207 (relating to fraudulent returns, statements, or other documents) is amended by striking out “subsection
(d)of section 6104” and inserting in lieu thereof “subsection
(d)or
(e)of section 6104”.
(d)Effective Date.— The amendments made by this section shall[26 USC 6652](/us/usc/t26/s6652) note. apply—
(1)to returns for years beginning after December 31, 1986, and
(2)on and after the date of the enactment of this Act in the case of applications submitted to the Internal Revenue Service—
(A)after July 15, 1987, or
(B)on or before July 15, 1987, if the organization has a copy of the application on July 15, 1987. SEC. 10705. REQUIRED DISCLOSURE THAT CERTAIN INFORMATION OR SERVICE AVAILABLE FROM FEDERAL GOVERNMENT.
(a)General Rule.— Part I of subchapter B of chapter 68 (relating to assessable penalties) is amended by adding at the end thereof the following new section: " “SEC. 6711. FAILURE BY TAX-EXEMPT ORGANIZATION TO DISCLOSE THAT CERTAIN INFORMATION OR SERVICE AVAILABLE FROM FEDERAL GOVERNMENT.[26 USC 6711](/us/usc/t26/s6711). “(a) Imposition of Penalty.— If— “(1) a tax-exempt organization offers to sell (or solicits money for) specific information or a routine service for any individual which could be readily obtained by such individual free of charge (or for a nominal charge) from an agency of the Federal Government, “(2) the tax-exempt organization, when making such offer or solicitation, fails to make an express statement (in a conspicuous and easily recognizable format) that the information or service can be so obtained, and “(3) such failure is due to intentional disregard of the requirements of this subsection, such organization shall pay a penalty determined under subsection
(b)for each day on which such a failure occurred. “(b) Amount of Penalty.— The penalty under subsection
(a)for any day on which a failure referred to in such subsection occurred shall be the greater of— “(1) $1,000, or 101 STAT. 1330–464 “(2) 50 percent of the aggregate cost of the offers and solicitations referred to in subsection (a)(1) which occurred on such day and with respect to which there was such a failure. “(c) Definitions.— For purposes of this section— “(1) Tax-exempt organization.— The term ‘tax-exempt organization’ means any organization which— “(A) is described in subsection
(c)or
(d)of section 501 and exempt from taxation under section 501(a), or “(B) is a political organization (as defined in section 527(e)). “(2) Day on which failure occurs.— The day on which any failure referred to in subsection
(a)occurs shall be determined under rules similar to the rules of section 6710(d).” "
(b)Clerical Amendment.— The table of sections for part I of subchapter B of chapter 68 is amended by adding at the end thereof the following new item: " “Sec. 6711. Failure by tax-exempt organization to disclose that certain information or service available from Federal Government.” "
(c)[26 USC 6711](/us/usc/t26/s6711) note. Effective Date.— The amendments made by this section shall apply to offers and solicitations after January 31, 1988. **PART II—** **POLITICAL ACTIVITIES** SEC. 10711. CLARIFICATION OF PROHIBITED POLITICAL ACTIVITIES.
(a)General Rule.— The following provisions are each amended by striking out “on behalf of any candidate” and inserting in lieu thereof “on behalf of (or in opposition to) any candidate”:
(1)Section 170(c)(2)(D).
(2)Section 501(c)(3).
(3)Paragraphs
(2)and
(3)of section 2055(a).
(4)Clauses
(ii)and
(iii)of section 2106(a)(2)(A).
(5)Section 2522(a)(2).
(6)Paragraphs
(2)and
(3)of section 2522(b).
(b)Status After Disqualification Because of Political Activities.—
(1)In general.— Paragraph
(2)of section 504(a) (relating to status after organization ceases to qualify for exemption under section 501(c)(3) because of substantial lobbying) is amended to read as follows: " “(2) is not an organization described in section 501(c)(3)— “(A) by reason of carrying on propaganda, or otherwise attempting, to influence legislation, or “(B) by reason of participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for public office,”. "
(2)Clerical amendments.—
(A)The section heading for section 504 is amended by striking out “**SUBSTANTIAL LOBBYING**” and inserting in lieu thereof “**SUBSTANTIAL LOBBYING OR BECAUSE OF POLITICAL ACTIVITIES**”.
(B)The table of sections for part I of subchapter F of chapter 1 is amended by striking out “substantial lobbying” in the item relating to section 504 and inserting in lieu thereof “substantial lobbying or because of political activities”. 101 STAT. 1330–465
(c)Effective Date.— The amendments made by this section shall[26 USC 170](/us/usc/t26/s170) note. apply with respect to activities after the date of the enactment of this Act. SEC. 10712. EXCISE TAXES ON POLITICAL EXPENDITURES BY SECTION 501(c)(3) ORGANIZATIONS.
(a)General Rule.— Chapter 42 (relating to excise taxes on private foundations and black lung benefit trusts) is amended by redesignating subchapter C as subchapter D and by inserting after subchapter B the following new subchapter: " **“Subchapter C—** **Political Expenditures of Section 501(c)(3) Organizations** “Sec. 4955. Taxes on political expenditures of section 501(c)(3) organizations. “SEC. 4955. TAXES ON POLITICAL EXPENDITURES OF SECTION 501(c)(3) ORGANIZATIONS.[26 USC 4955](/us/usc/t26/s4955). “(a) Initial Taxes.— “(1) On the organization.— There is hereby imposed on each political expenditure by a section 501(c)(3) organization a tax equal to 10 percent of the amount thereof. The tax imposed by this paragraph shall be paid by the organization. “(2) On the management.— There is hereby imposed on the agreement of any organization manager to the making of any expenditure, knowing that it is a political expenditure, a tax equal to 2½ percent of the amount thereof, unless such agreement is not willful and is due to reasonable cause. The tax imposed by this paragraph shall be paid by any organization manager who agreed to the making of the expenditure. “(b) Additional Taxes.— “(1) On the organization.— In any case in which an initial tax is imposed by subsection (a)(1) on a political expenditure and such expenditure is not corrected within the taxable period, there is hereby imposed a tax equal to 100 percent of the amount of the expenditure. The tax imposed by this paragraph shall be paid by the organization. “(2) On the management.— In any case in which an additional tax is imposed by paragraph (1), if an organization manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount of the political expenditure. The tax imposed by this paragraph shall be paid by any organization manager who refused to agree to part or all of the correction. “(c) Special Rules.— For purposes of subsections
(a)and (b)— “(1) Joint and several liability.— If more than 1 person is liable under subsection (a)(2) or (b)(2) with respect to the making of a political expenditure, all such persons shall be jointly and severally liable under such subsection with respect to such expenditure. “(2) Limit for management.— With respect to any 1 political expenditure, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $5,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $10,000. “(d) Political Expenditure.— For purposes of this section— 101 STAT. 1330–466 “(1) In general.— The term ‘political expenditure’ means any amount paid or incurred by a section 501(c)(3) organization in any participation in, or intervention in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. “(2) Certain other expenditures included.— In the case of an organization which is formed primarily for purposes of promoting the candidacy (or prospective candidacy) of an individual for public office (or which is effectively controlled by a candidate or prospective candidate and which is availed of primarily for such purposes), the term ‘political expenditure’ includes any of the following amounts paid or incurred by the organization: “(A) Amounts paid or incurred to such individual for speeches or other services. “(B) Travel expenses of such individual. “(C) Expenses of conducting polls, surveys, or other studies, or preparing papers or other materials, for use by such individual. “(D) Expenses of advertising, publicity, and fundraising for such individual. “(E) Any other expense which has the primary effect of promoting public recognition, or otherwise primarily accruing to the benefit, of such individual. “(e) Coordination With Section 4945.— If tax is imposed under this section with respect to any political expenditure, such expenditure shall not be treated as a taxable expenditure for purposes of section 4945. “(f) Other Definitions.— For purposes of this section— “(1) Section 501(C)(3) organization.— The term ‘section 501(c)(3) organization’ means any organization which (without regard to any political expenditure) would be described in section 501(c)(3) and exempt from taxation under section 501(a). “(2) Organization manager.— The term ‘organization manager’ means— “(A) any officer, director, or trustee of the organization (or individual having powers or responsibilities similar to those of officers, directors, or trustees of the organization), and “(B) with respect to any expenditure, any employee of the organization having authority or responsibility with respect to such expenditure. “(3) Correction.— The terms ‘correction’ and ‘correct’ mean, with respect to any political expenditure, recovering part or all of the expenditure to the extent recovery is possible, establishment of safeguards to prevent future political expenditures, and where full recovery is not possible, such additional corrective action as is prescribed by the Secretary by regulations. “(4) Taxable period.— The term ‘taxable period’ means, with respect to any political expenditure, the period beginning with the date on which the political expenditure occurs and ending on the earlier of— “(A) the date of mailing a notice of deficiency under section 6212 with respect to the tax imposed by subsection (a)(1), or “(B) the date on which tax imposed by subsection (a)(1) is assessed.” " 101 STAT. 1330–467
(b)Abatement of First Tier Tax in Certain Cases.—
(1)Section 4962 (relating to abatement of private foundation first tier taxes in certain cases) is amended by striking out subsection
(b)and inserting in lieu thereof the following new subsections: " “(b) Qualified First Tier Tax.— For purposes of this section, the term ‘qualified first tier tax’ means any first tier tax imposed by subchapter A or C of this chapter, except that such term shall not include the tax imposed by section 4941(a) (relating to initial tax on self-dealing). “(c) Special Rule for Tax on Political Expenditures of Section 501(c)(3) Organizations.— In the case of the tax imposed by section 4955(a), subsection (a)(1) shall be applied by substituting ‘not willful and flagrant’ for ‘due to reasonable cause and not to willful neglect’.” "
(2)Subsection
(a)of section 4962 is amended by striking out “any private foundation first tier tax” and inserting in lieu thereof “any qualified first tier tax”.
(3)Subsections (a), (b), and
(c)of section 4963 are each amended by striking out “4952,” and inserting in lieu thereof “4952, 4955,”.
(4)The section heading for section 4962 is amended by striking out “**PRIVATE FOUNDATION**”.
(5)The table of sections for subchapter D of chapter 42 (as redesignated by this section) is amended by striking out “private foundation” in the item relating to section 4962.
(c)Technical Amendments.—
(1)Subsection
(e)of section 6213 is amended by striking out “4971” and inserting in lieu thereof “4955 (relating to taxes on political expenditures), 4971”.
(2)Paragraph
(1)of section 6501(1) is amended by striking out “plan, or trust” and inserting in lieu thereof “plan, trust, or other organization”.
(3)Subsection
(g)of section 6503 is amended by striking out “4951, 4952,”.
(4)Section 6684 is amended by striking out “private foundations” and inserting in lieu thereof “private foundations and certain other tax-exempt organizations”.
(5)Paragraphs
(2)and
(3)of section 7422(g) are each amended by striking out “4952,” and inserting in lieu thereof “4952, 4955,”.
(6)Subsection
(b)of section 7454 is amended by striking out “the burden of proof” and inserting in lieu thereof “or whether an organization manager (as defined in section 4955(e)(2)) has ‘knowingly’ agreed to the making of a political expenditure (within the meaning of section 4955), the burden of proof”.
(7)The chapter heading for chapter 42 is amended by striking out “**BLACK LUNG BENEFIT TRUSTS**” and inserting in lieu thereof “**AND CERTAIN OTHER TAX-EXEMPT ORGANIZATIONS**”.
(8)The table of chapters for subtitle D of such Code is amended by striking out “black lung benefit trusts” in the item relating to chapter 42 and inserting in lieu thereof “and certain other tax-exempt organizations”.
(9)The table of subchapters for chapter 42 is amended by striking out the item relating to subchapter C and inserting in lieu thereof the following: 101 STAT. 1330–468 “Subchapter C. Political expenditures of section 501(c)(3) organizations. “Subchapter D. Abatement of first and second-tier taxes in certain cases.”
(d)[26 USC 4955](/us/usc/t26/s4955) note. Effective Dates.— The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 10713. ADDITIONAL ENFORCEMENT AUTHORITY IN THE CASE OF FLAGRANT POLITICAL EXPENDITURES.
(a)Authority To Enjoin Flagrant Political Expenditures.—
(1)In general.— Subchapter A of chapter 76 (relating to civil actions by the United States) is amended by redesignating section 7409 as section 7410 and by inserting after section 7408 the following new section: " “SEC. 7409. ACTION TO ENJOIN FLAGRANT POLITICAL EXPENDITURES OF SECTION 501(c)(3) ORGANIZATIONS.[26 USC 7409](/us/usc/t26/s7409). “(a) Authority To Seek Injunction.— “(1) In general.— If the requirements of paragraph
(2)are met, a civil action in the name of the United States may be commenced at the request of the Secretary to enjoin any section 501(c)(3) organization from further making political expenditures and for such other relief as may be appropriate to ensure that the assets of such organization are preserved for charitable or other purposes specified in section 501(c)(3). Any action under this section shall be brought in the district court of the United States for the district in which such organization has its principal place of business or for any district in which it has made political expenditures. The court may exercise its jurisdiction over such action (as provided in section 7402(a)) separate and apart from any other action brought by the United States against such organization. “(2) Requirements.— An action may be brought under subsection
(a)only if— “(A) the Internal Revenue Service has notified the organization of its intention to seek an injunction under this section if the making of political expenditures does not immediately cease, and “(B) the Commissioner of Internal Revenue has personally determined that— “(i) such organization has flagrantly participated in, or intervened in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, and “(ii) injunctive relief is appropriate to prevent future political expenditures. “(b) Adjudication and Decree.— In any action under subsection (a), if the court finds on the basis of clear and convincing evidence that— “(1) such organization has flagrantly participated in, or intervened in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, and “(2) injunctive relief is appropriate to prevent future political expenditures, the court may enjoin such organization from making political expenditures and may grant such other relief as may be appropriate 101 STAT. 1330–469to ensure that the assets of such organization are preserved for charitable or other purposes specified in section 501(c)(3). “(c) Definitions.— For purposes of this section, the terms ‘section 501(c)(3) organization’ and ‘political expenditures’ have the respective meanings given to such terms by section 4955.” "
(2)Clerical amendment.— The table of sections for subchapter A of chapter 76 is amended by striking the item relating to section 7409 and inserting in lieu thereof the following: " “Sec. 7409. Action to enjoin flagrant political expenditures of section 501(c)(3) organizations. “Sec. 7410. Cross references.” "
(b)Authority To Make Immediate Assessments.—
(1)In general.— Part I of subchapter A of chapter 70 (relating to termination of taxable year) is amended by adding at the end thereof the following new section: " “SEC. 6852. TERMINATION ASSESSMENTS IN CASE OF FLAGRANT POLITICAL EXPENDITURES OF SECTION 501(c)(3) ORGANIZATIONS.[26 USC 6852](/us/usc/t26/s6852). “(a) Authority To Make.— “(1) In general.— If the Secretary finds that— “(A) a section 501(c)(3) organization has made political expenditures, and “(B) such expenditures constitute a flagrant violation of the prohibition against making political expenditures, the Secretary shall immediately make a determination of any income tax payable by such organization for the current or immediately preceding taxable year, or both, and shall immediately make a determination of any tax payable under section 4955 by such organization or any manager thereof with respect to political expenditures during the current or preceding taxable year, or both. Notwithstanding any other provision of law, any such tax shall become immediately due and payable. The Secretary shall immediately assess the amount of tax so determined (together with all interest, additional amounts, and additions to the tax provided by law) for the current year or the preceding taxable year, or both, and shall cause notice of such determination and assessment to be given to the organization or any manager thereof, as the case may be, together with a demand for immediate payment of such tax. “(2) Computation of tax.— In the case of a current taxable year, the Secretary shall determine the taxes for the period beginning on the 1st day of such current taxable year and ending on the date of the determination under paragraph
(1)as though such period were a taxable year of the organization, and shall take into account any prior determination made under this subsection with respect to such current taxable year. “(3) Treatment of amounts collected.— Any amounts collected as a result of any assessments under this subsection shall, to the extent thereof, be treated as a payment of income tax for such taxable year, or tax under section 4955 with respect to the expenditure, as the case may be. “(4) Section inapplicable to assessments after due date.— This section shall not authorize any assessment of tax for the preceding taxable year which is made after the due date of the organization’s return for such taxable year (determined with regard to any extensions). 101 STAT. 1330–470 “(b) Definitions and Special Rules.— “(1) Definitions.— For purposes of this section, the terms ‘section 501(c)(3) organization’, ‘political expenditure’, and ‘organization manager’ have the respective meanings given to such terms by section 4955. “(2) Certain rules made applicable.— The provisions of sections 6851(b), 6861(f), and 6861(g) shall apply with respect to any assessment made under subsection (a), except that determinations under section 6861(g) shall be made on the basis of whether the requirements of subsection (a)(1)(B) of this section are met in lieu of whether jeopardy exists.” "
(2)Technical and conforming amendments.—
(A)Clause
(v)of section 6091(b)(1)(B) is amended by striking out “section 6851(a)” and inserting in lieu thereof “section 6851(a) or 6852(a)”.
(B)Paragraph
(1)of section 6211(b) is amended by striking out “section 6851” and inserting in lieu thereof “section 6851 or 6852”.
(C)Paragraph
(1)of section 6212(c) is amended by striking out “section 6851” and inserting in lieu thereof “section 6851 or 6852”.
(D)Subsection
(a)of section 6213 is amended by striking out “section 6851 or section 6861” and inserting in lieu thereof “section 6851, 6852, or 6861”.
(E)Section 6863 is amended—
(i)by striking out “6851” in subsection
(a)and inserting in lieu thereof “6851, 6852,”,
(ii)by striking out “6851 or 6861” in subsection (b)(3)(A) and inserting in lieu thereof “6851, 6852, or 6861”, and
(iii)by striking out “6851(a) or 6861(a)” and inserting in lieu thereof “6851(a), 6852(a), or 6861(a)”.
(F)Section 7429 is amended—
(i)by striking out “6851(a),” each place it appears and inserting in lieu thereof “6851(a), 6852(a),”, and
(ii)by striking out “6851,” each place it appears and inserting in lieu thereof “6851, 6852,”.
(G)Paragraph
(3)of section 7611(i) is amended by striking out “or section 6861” and inserting in lieu thereof “section 6852 relating to termination assessments in case of political expenditures of section 501(c)(3), or 6861”.
(H)The table of sections for part I of subchapter 70 is amended by adding at the end thereof the following new item: " “Sec. 6852. Termination assessments in case of flagrant political expenditures of section 501(c)(3) organizations, "
(c)[26 USC 6091](/us/usc/t26/s6091) note. Effective Date.— The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 10714. TAX ON DISQUALIFYING LOBBYING EXPENDITURES.
(a)General Rule.— Chapter 41 (relating to public charities) is amended by adding at the end thereof the following new section: " “SEC. 4912. TAX ON DISQUALIFYING LOBBYING EXPENDITURES OF CERTAIN ORGANIZATIONS.[26 USC 4912](/us/usc/t26/s4912). “(a) Tax on Organization.— If an organization to which this section applies is not described in section 501(c)(3) for any taxable 101 STAT. 1330–471year by reason of making lobbying expenditures, there is hereby imposed a tax on the lobbying expenditures of such organization for such taxable year equal to 5 percent of the amount of such expenditures. The tax imposed by this subsection shall be paid by the organization. “(b) On Management.— If tax is imposed under subsection
(a)on the lobbying expenditures of any organization, there is hereby imposed on the agreement of any organization manager to the making of any such expenditures, knowing that such expenditures are likely to result in the organization not being described in section 501(c)(3), a tax equal to 5 percent of the amount of such expenditures, unless such agreement is not willful and is due to reasonable cause. The tax imposed by this subsection shall be paid by any manager who agreed to the making of the expenditures. “(c) Organizations to Which Section Applies.— “(1) In general.— Except as provided in paragraph (2), this section shall apply to any organization which was exempt (or was determined by the Secretary to be exempt) from taxation under section 501(a) by reason of being an organization described in section 501(c)(3). “(2) Exceptions.— This section shall not apply to any organization— “(A) to which an election under section 501(h) applies, “(B) which is a disqualified organization (within the meaning of section 501(h)(5), or “(C) which is a private foundation. “(d) Definitions.— “(1) Lobbying expenditures.— The term ‘lobbying expenditure’ means any amount paid or incurred by the organization in carrying on propaganda, or otherwise attempting to influence legislation. “(2) Organization manager.— The term ‘organization manager’ has the meaning given to such term by section 4955(f)(2). “(3) Joint and several liability.— If more than 1 person is liable under subsection (b), all such persons shall be jointly and severally liable under such subsection.” "
(b)Burden of Proof.— Subsection
(b)of section 7454 (as amended by this Act) is amended by striking out “the burden of proof and inserting in lieu thereof “, or whether an organization manager (as defined in section 4912(d)(2)) has ‘knowingly’ agreed to the making of disqualifying lobbying expenditures within the meaning of section 4912(b), the burden of proof.
(c)Technical Amendment.— Paragraph
(1)of section 6501(1) is amended by striking out “by chapter 42 (other than section 4940)” and inserting in lieu thereof “by section 4912, by chapter 42 (other than section 4940),”.
(d)Clerical Amendment.— The table of sections for chapter 41 is amended by adding at the end thereof the following new item: " “Sec. 4912. Tax on disqualifying lobbying expenditures of certain organizations.” " 101 STAT. 1330–472
(e)Effective Date.—[26 USC 4912](/us/usc/t26/s4912) note. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. Approved December 22, 1987. Certified April 20, 1988. Editorial note: This printed version of the original hand enrollment is published pursuant to section 8004(c) of this law. The following memorandum for the Archivist of the United States was signed by the President on January 28, 1988, and was printed in the *Federal Register* on February 1, 1988: By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollments of H.J. Res. 395, Joint Resolution making further continuing appropriations for the fiscal year 1988 (Public Law 100–202), and H R. 3545, the Omnibus Budget Reconciliation Act of 1987 (Public Law 100–203), are correct printings of the hand enrollments, which were approved on December 22, 1987, and if so to make on my behalf the certifications required by Section 101(n)(4) of H.J. Res. 395 and Section 8004(c) of H.R. 3545. Attached are the printed enrollments of H.J. Res. 395 and H.R. 3545, which were received at the White House on January 27, 1988. This memorandum shall be published in the *Federal Register.* The Archivist on April 20, 1988, certified this to be a correct printing of the hand enrollment of Public Law 100–203. LEGISLATIVE HISTORY—[H.R. 3545](/us/bill/100/hr/3545) ([S. 1920](/us/bill/100/S/1920)): HOUSE REPORTS: No. [100–391](/us/hrpt/100/391) (Comm. on the Budget) and No. [100–495](/us/hrpt/100/495) (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 29, considered and passed House. Dec. 9, [S. 1920](/us/bill/100/s/1920) considered in Senate. Dec. 10, [H.R. 3545](/us/bill/100/hr/3545) considered and passed Senate, amended, in lieu of [S. 1920](/us/bill/100/s/1920). Dec. 21, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Dec. 22, Presidential remarks. A1 SUBJECT INDEX **A** Note: Part 1 contains pages 3–1018; Part 2 contains pages 1019–1330–472; Part 3 contains pages 1331–2243. Each part contains entire Subject and Individual Indexes. Note: Page references are to beginning pages of each law—with the exception of acts being amended, repealed, or established, which cite to pages where they actually appear. Page **Abortion:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Acquired Immune Deficiency Syndrome.** *See* Diseases. **Act to Prevent Pollution from Ships,** amendments 1460–1464 **Adjustments to Lawful Resident Status of Certain Nationals of Countries for Which Extended Voluntary Departure Has Been Made Available** 1329–43 **Adoption Assistance and Child Welfare Act of 1989,** amendments 1330–313 **Adult Education Act,** amendments 524 **Afghanistan,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Africa,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Aged Persons:** Housing and Community Development Act of 1987 1815 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Agricultural Act of 1949,** amendments 318–320, 325, 1329–357, 1330–1—1330–11, 1330–28 **Agricultural Adjustment Act of 1933,** amendments 1330–27 **Agricultural Adjustment Act of 1938,** amendments 1330–7 **Agricultural Credit Act of 1987** 1568 **Agricultural Reconciliation Act of 1987** 1330 **Agricultural Trade Development and Assistance Act of 1954,** amendments 1329–447—1329–449 **Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987,** amendments 321, 823 **Agriculture and Agricultural Commodities, General:** *See also specific commodities;* Animals. Charitable Assistance and Food Bank Act of 1987 1566 Commodity Distribution Reform Act and WIC Amendments of 1987 1733 Competitive Equality Banking Act of 1987 552 Continuing appropriations, fiscal year 1988 1329 Dairy policy and conservation report 291 Farm Disaster Assistance Act of 1987 318 Rural Crisis Recovery Program Act of 1987 1456 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Uniform Cotton Classing Fees Act of 1987 728 Water Quality Act of 1987 7 **Agriculture and Food Act of 1981,** amendments 1740 **AIDS.** *See* Diseases. **Air Pollution.** *See* Pollution. **Aircraft and Air Carriers:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Alaska, nonpriority-mail flight schedules 1744 Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 National Park System units, overflights study 674 Omnibus Budget Reconciliation Act of 1987 1330 Reports and records offenses, penalty revisions 792 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Airport and Airway Improvement Act of 1982,** amendments 1487–1490, 1492–1494, 1497–1505, 1507 **Airport and Airway Revenue Act of 1987** 1532 **Airport and Airway Safety and Capacity Expansion Act of 1987** 1486 **Alabama:** Continuing appropriations, fiscal year 1988 1329 De Soto National Trail Study Act of 1987 1287 Hugo L. Black United States Courthouse, designation 901 Land conveyance 383 A2 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Robert E.
(Bob)Jones, Jr. Highway, designation 885 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Tom Bevill Lock and Dam, designation 1329 Tom Bevill Resource Management and Visitor Center at Aliceville Lake on the Tennessee-Tombigbee Waterway, designation 1329 **Alabama Indian Tribe,** Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act 666 **Alaska:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Competitive Equality Banking Act of 1987 552 Federal Employees’ Retirement System, technical corrections 265, 1744 Indian Law Technical Amendments of 1987 886 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Alaska National Interest Lands** Conservation Act, amendments 1830–259, 1806 **Alaska Native Claims Settlement Act,** amendments 1788 **Alaska Native Claims Settlement Act Amendments of 1987** 1788 **Alaska Railroad Transfer Act of 1982,** amendments 1766 **Alcohol and Alcoholic Beverages:** National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1830 Seminole Indian Land Claims Settlement Act of 1987 1556 Sentencing Act of 1987 1266 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Alfalfa,** erodible land protection program 291 **Aliens:** Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 1778 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 **Alzheimer’s Disease.** *See* Diseases. **“America The Way I See It”,** film distribution 910 **American Samoa:** Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Andrew W. Mellon Auditorium,** DC, designation 746 **Angola:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Supplemental Appropriations Act, 1987 391 **Animals:** El Malpais National Monument and Conservation Area, NM, establishment 1539 Poultry Producers Financial Protection Act of 1987 917 **Anti-Drug Abuse Act of 1986,** amendments 438, 820 **Antigua,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Anti-Terrorism Act of 1987** 1406 **Appliances,** National Appliance Energy Conservation Act of 1987 108 **Appropriation Acts:** [*Note: For amendments to previously enacted appropriation acts, see specific titles.*] Commerce, Justice, and State Departments, and the Judiciary, and related agencies, 1988 1329–1 Commerce Department, 1988 1329–1 Congressional operations, 1988 1329–290 Continuing, 1988 789, 903, 1310, 1314, 1329 Defense Department, 1988 1329–44 District of Columbia, 1988 1329–90 Education Department, 1988 1329–275 Emergency Food and Shelter Program 92 Energy and water development, 1988 1329–104 Executive Office, 1988 1329–397 Foreign operations, 1988 1329–131 Health and Human Services, Department of, 1988 1329–263 Homeless Supplemental, 1987 466 Housing and Urban Development, Department of, 1988 1329–187 A3 Independent agencies, 1988 1329–187, 1329–401 Interior and related agencies, 1988 1329–214 Judiciary, 1988 1329–24 Justice Department, 1988 1329–8 Labor, Health and Human Services, and Education Departments, and related agencies, 1988 1329–256 Labor Department, 1988 1329–256 Legislative Branch, 1988 1329–1329–290 Military construction, 1988 1329–311 Postal Service, 1988 1329–397 Rural development, agriculture, and related agencies, 1988 1329–322 State Department, 1988 1329–19 Supplemental, 1987 391 Transportation and related agencies, 1988 1329–358 Treasury Department, 1988 1329–391 Treasury Department, Postal Service, and general government, 1988 1329–391 **Aquifers.** *See* Water. **Argentina,** continuing appropriations, fiscal year 1988 1329 **Arizona:** Aircraft overflights, study 674 Masau Trail, designation 1539 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Payson school site, land conveyance 894 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Tucson wage area, Federal employees pay retention provisions 330 Water Quality Act of 1987 7 **Arkansas:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 De Soto National Trail Study Act of 1987 1287 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Trail of Tears Interpretive Site, establishment 1309 Water Quality Act of 1987 7 **Armed Forces:** Defense Technical Corrections Act of 1987 273 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Military Retirement Reform Act of 1986, technical corrections 1536 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 New GI Bill Continuation Act 331 Omnibus Budget Reconciliation Act of 1987 1330 **Arms Control and Disarmament Act,** amendments 1444–1446 **Arms Control and Disarmament Amendments Act of 1987** 1444 **Arms Export Control Act,** amendments 409, 1144, 1329–88, 1329–170, 1329–181, 1429, 1431 **Arms and Munitions:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Supplemental Appropriations Act, 1987 391 **Art,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Asbestos Abatement,** financial assistance for educational agencies 102 **Asia.** *See specific countries.* **Asia Foundation Act,** amendments 1383 **Aubrey A. ‘Tex’ Gunnels Dormitory Complex, GA,** designation 1329 **Aviation:** *See also* Aircraft and Air Carriers. Insurance program, extension 878 Reports and records offenses, penalty revisions 792 **Aviation Safety and Noise Abatement Act of 1979,** amendments 1523 **Awards.** *See* Decorations, Medals, Awards. **B** **Baha’is,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Bahamas,** Christopher Columbus quincentenary jubilee, nonvoting participant 700 **Balanced Budget and Emergency Deficit Control Act of 1985,** amendments 634, 754, 1330–282 **Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987** 754 **Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987,** amendments 1330–45, 1330–282 A4 **Bank Holding Company Act of 1956,** amendments 554, 557, 561–563, 579, 584, 628 **Bankruptcy,** trustees power and duties 309, 716 **Banks and Banking:** Agricultural Credit Act of 1987 1568 Competitive Equality Banking Act of 1987 552 Continuing appropriations, fiscal year 1988 1329 Housing and Community Development Act of 1987 1815 **Barbuda,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Bicycles,** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Big Bend National Park, TX,** boundary revision 1328 **Blind Persons.** *See* Handicapped Persons. **Board for International Broadcasting Act of 1973,** amendments 1383 **Bolivia,** continuing appropriations, fiscal year 1988 1329 **Bonds.** *See* Securities. **Boundary Waters Canoe Area Wilderness,** aircraft overflight surveillance 674 **Brazil,** continuing appropriations, fiscal year 1988 1329 **Bridge Act of 1906,** amendments 173 **Bridges,** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Buildings and Grounds.** *See* Public Buildings and Grounds. **Buses.** *See* Transportation. **Business and Industry:** *See also* Commerce and Trade; Small Business. Competitive Equality Banking Act of 1987 552 Cow Creek Band of U mpqua Tribe of Indians Distribution of Judgment Funds Act of 1987 822 Housing and Community Development Act of 1987 1815 Malcolm Baldrige National Quality Improvement Act of 1987 724 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 **C** **California:** Continuing appropriations, fiscal year 1988 1329 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Kern River, wild and scenic river designation 924 Kings River, special management area and wild and scenic river designation 881 Merced River, wild and scenic river designation 879 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 San Francisco Bay National Wildlife Refuge, appropriation authorization 1550 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Cambodia,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Canada:** National Aeronautics and Space Administration Authorization Act of 1988 860 United States-Japan Fishery Agreement Approval Act of 1987 1458 **Caribbean,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Carl D. Perkins Vocational Education Act,** amendments 1329–279 **Cattle.** See Animals. **Cemeteries:** Alaska Native Claims Settlement Act Amendments of 1987 1788 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Central America:** See *also specific countries;* Latin America. Continuing appropriations, fiscal year 1988 1329 **Central Intelligence Agency Act of 1949,** amendments 1013, 1014 **Central Intelligence Agency Retirement Act of 1964 for Certain Employees,** amendments 1012–1014 A5 **Charitable Assistance and Food Bank Act of 1987** 1566 **Charles E. Chamberlain Federal Building and United States Post Office, MI,** designation 893 **Cheese,** Stewart B. McKinney Homeless Assistance Act 482 **Chemicals,** Water Quality Act of 1987 7 **Chesapeake Bay,** Water Quality Act of 1987 7 **Chickamauga and Chattanooga National Military Park,** GA, highway relocation 1442 **Chicken.** *See* Poultry. **Child Abuse.** *See* Children and Youth. **Child Abuse Prevention and Treatment Act,** amendments 751 **Child Nutrition Act of 1966,** amendments 425, 430, 1740, 1741 **Children and Youth:** Abuse and neglect assistance, State eligibility waivers 751 Commodity Distribution Reform Act and WIC Amendments of 1987 1733 Continuing appropriations, fiscal year 1988 1329 Federal Employees’ Retirement System, technical corrections 265, 1744 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Medicare and Medicaid Patient and Program Protection Act of 1987 680 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Chile,** continuing appropriations, fiscal year 1988 1329 **China,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Christopher Columbus Quincentenary Jubilee Act,** amendments 700 **Civic Achievement Award Program,** honoring Office of Speaker of the House of Representatives, support 896 **Civil Service Retirement Spouse Equity Act of 1984,** amendments 1758 **Civil Service Retirement System,** technical corrections 1744 **Claims:** [*See also* Individual Index *for specific names.*] Agricultural Credit Act of 1987 1568 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Alaska Native Claims Settlement Act Amendments of 1987 1788 Competitive Equality Banking Act of 1987 552 Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987 822 Farm Disaster Assistance Act of 1987 318 Federal Employees’ Retirement System, technical corrections 265, 1744 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Seminole Indian Land Claims Settlement Act of 1987 1556 Supplemental Appropriations Act, 1987 891 Surface Transportation and Uniform Relocation Assistance Act of 1987 182 Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987 704 **Clarks Hill Dam, Reservoir, and Highway,** GA and SC, redesignation 1440 **Classified Information:** Agricultural Credit Act of 1987 1568 Arms Control and Disarmament Amendments Act of 1987 1444 Computer Security Act of 1987 1724 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Intelligence Authorization Act, Fiscal Year 1988 1009 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Office of Classified National Security Information, extension 262 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Supplemental Appropriations Act, 1987 391 Water Quality Act of 1987 7 A6 **Close Up Foundation,** Civic Achievement Award Program honoring Speaker of the House of Representatives, support 896 **Coal.** *See* Energy; Minerals and Mining. **Coast Guard.** *See* Uniformed Services. **Coins,** Olympic Commemorative Coin Act, 1988 832 **Colleges.** *See* Schools and Colleges. **Colorado:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Santa Fe National Historic Trail, designation 302 **Combined Federal Campaign,** continuing appropriations, fiscal year 1988 1329 **Commerce and Trade:** *See also* Business and Industry. Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Competitive Equality Banking Act of 1987 552 Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Omnibus Budget Reconciliation Act of 1987 1330 **Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987** 1778 **Commercial Motor Vehicle Safety Act of 1986,** amendments 172 **Commercial Space Launch Act,** amendments 868 **Commission on Railroad Retirement Reform,** establishment 1330 **Commodity Credit Corporation Charter Act,** amendments 1329–336 **Commodity Distribution Reform Act and WIC Amendments of 1987** 1733 **Commonwealths, U.S.** *See specific commonwealth.* **Communications and Telecommunications:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Community Development Act of 1987 1815 Intelligence Authorization Act, Fiscal Year 1988 1009 National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Senate equipment and services, payment provisions 795 Senate personnel and office expense accounts 814 **Community Development:** Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 Housing and Community Development Act of 1987 1815 Housing insurance programs, extension 793, 890, 914, 1018, 1327 **Compacts Between States,** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Companies.** *See* Corporations; Business and Industry. **Competitive Equality Amendments of 1987** 554 **Competitive Equality Banking Act of 1987** 552 **Comprehensive Crime Control Act of 1984,** amendments 1266 **Comprehensive Environmental Response, Compensation, and Liability Act of 1980,** amendments 1329–198 **Computer Security Act of 1987** 1724 **Computers:** National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Semiconductors, mask work protection 899 **Concurrent Resolutions:** Berlin, seven hundred and fiftieth anniversary commemoration 1983 Colorado, International Association of Fire Fighters Fallen Fire Fighter Memorial 2009 Congress— Adjournment 1979, 1980, 1984, 1985, 2005, 2006, 2008, 2012, 2013, 2015 Joint Committee on the Library, designation of member 1980 Joint session 1979 Congressional budget, fiscal years 1988–1990 1986 Constitution, “Celebration of Citizenship”, bicentennial ceremony 2008 Constitution bicentennial and Great Compromise of the Constitutional Convention commemoration, special ceremony 2004 Days of remembrance of victims of the Holocaust, Capitol rotunda ceremony 1982 Declaration of Independence, United States Constitution, and Federalist Papers, secondary school requirements 2014 A7 Developing countries, agricultural markets 2007 Ducks Unlimited, Incorporated, fiftieth anniversary commemoration 1984 Enrolled bills, corrections, etc.— Stewart B. McKinney Homeless Assistance Act (H.R. 558) 2005 Supplemental Appropriations Act, 1987 (H.R. 1827) 2005 Surface Transportation and Uniform Relocation Assistance Act of 1987 (H.R. 2) 1983 Water Quality Act of 1987 (H.R. 1) 1979 Gallaudet University, special Olympics torch relay 1985 Hadassah, seventy-fifth anniversary commemoration 1981 Jazz, American national treasure, designation as 2013 Nicaragua and Iran, military aid joint report 2012 Publications, printing— “Developments in Aging” 2004 “Guide to Records of the United States House of Representatives at the National Archives, 1789–1989: Bicentennial Edition” 2009 “Guide to Records of the United States Senate at the National Archives, 1789–1989: Bicentennial Edition” 2011 “Guide to Research Collections of Former Members of the United States House of Representatives, 1789–1987” 2011 “The Constitution of the United States of America” 2006 “United States Senator Robert C. Byrd’s Addresses on the History of the United States Senate: Bicentennial Edition” 1981 School children, physical education programs 2014 Soviet-American families, Soviet visitation restrictions 2010 **Confidentiality.** *See* Classified Information. **Congregate Housing Services Act of 1978,** amendments 1860 **Congress:** *See also* Concurrent Resolutions. Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Budget reconciliation and continuing resolution, parchment-printing waiver 1826 Civic Achievement Award Program honoring Office of Speaker of the House of Representatives, support 896 Independent Counsel Reauthorization Act of 1987 1293 Office of Classified National Security Information, extension 262 One-hundredth, convening of second session 1562 Seminole Indian Land Claims Settlement Act of 1987 1556 Senate personnel and office expense accounts 814 Senate telecommunications equipment and services, payment provisions 795 United Nations, efforts to overturn General Assembly Resolution 3379
(XXX)913 **Congressional Budget Act of 1974** 781, 786, 787 **Congressional Budget and Impoundment Control Act of 1974,** amendments 780, 1330–282 **Connecticut:** Competitive Equality Banking Act of 1987 552 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney National Wildlife Refuge Designation Act of 1987 306 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Connecticut Coastal National Wildlife Refuge,** redesignation 306 **Conservation:** *See also* Historic Preservation. Agricultural Credit Act of 1987 1568 Alfalfa, erodible land protection program 291 Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987 822 El Malpais National Monument and Conservation Area, NM, establishment 1539 Farm Disaster Assistance Act of 1987 818 Flattery Rocks National Wildlife Refuge, administration 1550 Gettysburg National Military Park, PA, land acquisition 807 Kern River, CA, wild and scenic river designation 924 Kings River Special Management Area, CA, establishment 881 A8 Merced River, CA, wild and scenic river designation 879 National Appliance Energy Conservation Act of 1987 103 National Fish and Wildlife Foundation, property acquisition and management 1785 Omnibus Budget Reconciliation Act of 1987 1330 Santa Fe National Historic Trail, NM, designation 302 Study rivers, NJ, designation 299 Supplemental Appropriations Act, 1987 891 Water Quality Act of 1987 7 **Consolidated Farm and Rural Development Act,** amendments 1330–28, 1664, 1707 **Consolidated Omnibus Budget Reconciliation Act of 1985,** amendments 784, 1330–130, 1330–131, 1330–155, 1330–207, 1330–275, 1330–377, 1330–378, 1330–382 **Constitution Bicentennial Celebration,** Supplemental Appropriations Act, 1987 391 **Consumer Price Index,** Older Americans Act Amendments of 1987 926 **Consumer Protection,** Competitive Equality Banking Act of 1987 552 **Contracts:** Agricultural Credit Act of 1987 1568 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Alaska Native Claims Settlement Act Amendments of 1987 1788 Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 1778 Commodity Distribution Reform Act and WIC Amendments of 1987 1733 Competitive Equality Banking Act of 1987 552 Continuing appropriations, fiscal year 1988 1329 Defense Technical Corrections Act of 1987 273 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 El Malpais National Monument and Conservation Area, NM, establishment 1539 Excellence in Minority Health Education and Care Act 713 Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Idaho Power Company, environmental protection agreement 1450 Indian Law Technical Amendments of 1987 886 Jimmy Carter National Historic Site and Preservation District, GA, establishment 1434 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Notice to Lessees Numbered 5 Gas Royalty Act of 1987 1719 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Securities and Exchange Commission Authorization Act of 1987 1249 Stewart B. McKinney Homeless Assistance Act 482 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987 1315 Water Quality Act of 1987 7 Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act 666 **Controlled Substance Act,** amendments 695 **Convention on Cultural Property Implementation Act,** amendments 1380 **Copyrights,** National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Cornmeal,** Stewart B. McKinney Homeless Assistance Act 482 **Corporations:** Alaska Native Claims Settlement Act Amendments of 1987 1788 A9 Competitive Equality Banking Act of 1987 552 Housing and Community Development Act of 1987 1815 Malcolm Baldrige National Quality Improvement Act of 1987 724 Omnibus Budget Reconciliation Act of 1987 1330 **Cotton:** Farm Disaster Assistance Act of 1987 318 Omnibus Budget Reconciliation Act of 1987 1330 Uniform Cotton Classing Fees Act of 1987 728 **Cotton Statistics and Estimates Act,** amendments 728 **Courthouses, U.S.; Designations.** *See *Public Buildings and Grounds. **Courts, U.S.:** Agency orders, multiple appeals 1731 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Criminal Fine Improvements Act of 1987 1279 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Independent Counsel Reauthorization Act of 1987 1293 Magistrates’ Retirement Parity Act of 1987 367 Omnibus Budget Reconciliation Act of 1987 1330 Securities and Exchange Commission Authorization Act of 1987 1249 Sentencing Act of 1987 1266 Water Quality Act of 1987 7 **Coushatta Indian Tribe,** Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act 666 **Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987** 822 **Cow Creek Band of Umpqua Tribe of Indians Recognition Act,** amendments 826–828 **Cranberry Wilderness Area,** WV, boundary modification 1329 **Credit Union Amendments of 1987** 652 **Credit Unions,** Competitive Equality Banking Act of 1987 552 **Crimes and Misdemeanors.** *See* Law Enforcement and Crime. **Criminal Fine Improvements Act of 1987** 1279 **Criminal Law and Procedure Technical Amendments Act of 1986,** amendments 1279 **Crops.** *See* Agriculture and Agricultural Commodities. **Cuba,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Cuban Political Prisoners and Immigrants** 1329–39 **Cultural Programs:** Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Customs Procedural Reform and Simplification Act of 1978,** amendments 1330–380, 1330–381 **Cyprus,** continuing appropriations, fiscal year 1988 1329 **D** **Dairy Products, General:** *See also* Agriculture and Agricultural Commodities. National policy report, extension 291 **Dams:** Clarks Hill Dam, Reservoir, and Highway, GA and SC, redesignation 1440 J. Strom Thurmond Dam, Reservoir, and Highway, GA and SC, designation 1440 Kings River, CA, wild and scenic river designation 881 Tom Bevill Lock and Dam, AL, designation 1329 Water Quality Act of 1987 7 **De Soto National Trail Study Act of 1987** 1287 **Deaf Persons.** *See* Handicapped Persons. **Decorations, Medals, and Awards:** Malcolm Baldrige National Quality Improvement Act of 1987 724 Mary Lasker, special gold medal 1441 **Defense Acquisition Improvement Act of 1986,** amendments 1130, 1161 **Defense and National Security:** Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Computer Security Act of 1987 1724 Continuing appropriations, fiscal year 1988 1329 Defense Technical Corrections Act of 1987 273 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Independent Counsel Reauthorization Act of 1987 1293 Intelligence Authorization Act, Fiscal Year 1988 1009 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Office of Classified National Security Information, extension 262 A10 **Defense Procurement Improvement Act of 1985,** amendments 288 **Defense Procurement Reform Act of 1984,** amendments 288 **Defense Technical Corrections Act of 1987** 273 **Defense Technical Corrections Act of 1987,** amendments 1093 **Deficit Reduction Act of 1984,** amendments 695, 1317, 1330–65, 1330– 66, 1330–299, 1330–376 **Delaware:** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Dentists.** *See* Health Care Professionals. **Department of Defense Appropriations Act, 1987,** amendments 274, 397, 1329–78 **Department of Defense Authorization Act, 1982,** amendments 1036 **Department of Defense Authorization Act, 1984,** amendments 1085, 1134 **Department of Defense Authorization Act, 1985,** amendments 331, 1060, 1086 **Department of Defense Authorization Act, 1986,** amendments 1111, 1121, 1176 **Department of Defense Authorization Act, 1987,** amendments 273, 274, 288 **Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1986,** amendments 1238 **Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987,** amendments 1240 **Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1988** 1231 **Department of Housing and Urban Development Act,** amendments 1944, 1963 **Department of the Interior and Related Agencies Appropriations Act, 1986,** amendments 1329–50 **Department of the Interior and Related Agencies Appropriations Act, 1987,** amendments 418 **Department of Justice Appropriations Act, 1987,** amendments 393, 472 **Department of Justice Assets Forfeiture Fund Amendments Act of 1986,** amendments 438 **Department of State Appropriation Act of 1937,** amendments 1350 **Department of State Appropriations Act, 1987,** amendments 394 **Department of State Authorization Act, Fiscal Years 1984 and 1985,** amendments 1389, 1390 **Department of Transportation Act,** amendment 174 **Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1985,** amendments 149 **Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1987,** amendments 309, 393, 394, 716 **Developing Countries,** set-aside vessels for health services 884 **Developmental Disabilities Assistance and Bill of Rights Act,** amendments 840 **Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987** 840 **Diplomatic Immunity,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Diplomatic Security Act,** amendments 1336, 1344, 1354 **Disabled Persons.** *See* Handicapped Persons. **Disadvantaged Persons:** Agricultural Credit Act of 1987 1568 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Commodity Distribution Reform Act and WIC Amendments of 1987 1733 Housing and Community Development Act of 1987 1815 Older Americans Act Amendments of 1987 926 Public Health Service Amendments of 1987 986 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Disaster Assistance:** Agricultural Credit Act of 1987 1568 Emergency Food and Shelter Program 92 Farm Disaster Assistance Act of 1987 318 United States-Japan Fishery Agreement Approval Act of 1987 1458 **Discrimination, Prohibition:** Agricultural Credit Act of 1987 1568 Alaska Native Claims Settlement Act Amendments of 1987 1788 A11 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Community Development Act of 1987 1815 Older Americans Act Amendments of 1987 926 Stewart B. McKinney Homeless Assistance Act 482 Supplemental Appropriations Act, 1987 391 **Diseases:** Continuing appropriations, fiscal year 1988 1329 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Supplemental Appropriations Act, 1987 391 **District of Columbia:** Andrew W. Mellon Auditorium, designation 746 Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Independent Counsel Reauthorization Act of 1987 1293 Intelligence Authorization Act, Fiscal Year 1988 1009 Korean War Veterans Memorial 1329, 1563 National Commission on Dairy Policy, office space rental 291 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Park Police and Secret Service, retirement provisions 1744 Peace Garden, establishment 379 Stewart B. McKinney Homeless Assistance Act 482 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Wilbur J. Cohen Federal Building, designation 715 **District of Columbia Appropriations Act, 1987,** amendments 474 **District of Columbia Self-Governmental Reorganization Act,** amendments 1329–101 **Doctors.** *See* Health Care Professionals. **Dr. Hector Perez Garcia Post Office Building,** TX, designation 1766 **Drifnet Impact Monitoring, Assessment, and Control Act of 1987** 1477 **Drugs and Drug Abuse:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Community Development Act of 1987 1815 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Sentencing Act of 1987 1266 Stewart B. McKinney Homeless Assistance Act 482 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **E** **Eastern Europe,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Economic Report to the Congress,** transmittal by the President 3 **Education:** *See also* Schools and Colleges. Civic Achievement Award Program honoring Office of Speaker of the House of Representatives, support 896 Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987 822 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 Excellence in Minority Health Education and Care Act 713 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 New GI Bill Continuation Act 331 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 A12 Public Health Service Amendments of 1987 986 Rural Crisis Recovery Program Act of 1987 1456 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 Water Quality Act of 1987 7 **Edward Zorinsky Memorial Library,** Indonesia, dedication 1380 **El Malpais National Monument and Conservation Area,** NM, establishment 1539 **El Salvador,** continuing appropriations, fiscal year 1988 1329 **Elderly Persons.** *See* Aged Persons. **Electricity.** *See* Energy; Utilities. **Emergency Low Income Housing Preservation Act of 1987** 1877 **Employee Retirement Income Security Act of 1974,** amendments 1269, 1329–441, 1330–332, 1330–337, 1330–342, 1330–344, 1330–346, 1330–348, 1330–349, 1330–352—1330–368, 1330–370—1330–374 **Employment and Unemployment:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Com munity Development Act of 1987 1815 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 **Energy:** Electric powerplants and industrial fuel use 310 Housing and Community Development Act of 1987 1815 National Appliance Energy Conservation Act of 1987 103 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 **Energy Conservation in Exsisting Buildings Act of 1976,** amendments 1950 **Energy Conservation Standards for New Buildings Act of 1976,** amendments 1950 **Energy Policy and Conservation Act,** amendments 103, 105, 107, 117, 122–126 **Energy and Water Development Appropriation Act, 1982,** amendments 1330–267 **Energy and Water Development Appropriation Act, 1987,** amendments 403 **England,** Competitive Equality Banking Act of 1987 552 **Enterprise Zones.** *See* Business and Industry. **Environmental Protection:** Asbestos abatement, financial assistance for educational agencies 102 Continuing appropriations, fiscal year 1988 1329 Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Idaho Power Company, joint agreement 1450 Michigan Wilderness Act of 1987 1274 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Quillayute Needles and Flattery Rocks National Wildlife Refuges, administration 1550 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Espionage:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Estonia,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Estuaries.** *See* Rivers and Harbors. **Ethanol:** Cost effectiveness study, extension 717 Farm Disaster Assistance Act of 1987 318 Omnibus Budget Reconciliation Act of 1987 1330 **Ethics in Government Act of 1978,** amendments 1306, 1307 **Ethiopia,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 A13 **Europe:** National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Excellence in Minority Health Education and Care Act** 713 **Expedited Funds Availability Act** 635 **Export Administration Act of 1979,** amendments 1165 **Export-Import Bank Act of 1945,** amendments 1454 **Exports:** *See also* Imports. National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **F** **Farm Credit Act of 1971,** amendments 1572 **Farm Credit Banks,** establishment 1568 **Farm Credit System Assistance Board,** establishment 1568 **Farm Credit System Financial Assistance Corporation,** establishment 1568 **Farm Credit System Insurance Corporation,** establishment 1568 **Farm Disaster Assistance Act of 1987** 318 **Farm Disaster Assistance Act of 1987,** amendments 717 **Farms and Farming.** *See* Agriculture and Agricultural Commodities. **Fascell Fellowship Act,** amendments 1368 **Federal Agricultural Mortgage Corporation,** establishment 1568 **Federal-Aid Highway Act of 1956,** amendments 142, 175 **Federal-Aid Highway Act of 1973,** amendments 172, 181, 205, 1329–388 **Federal-Aid Highway Act of 1978,** amendments 1329–389, 141, 155, 173 **Federal-Aid Highway Act of 1987** 134 **Federal-Aid Highway Act of 1987,** amendments 1329–387 **Federal-Aid Highway Amendments of 1974,** amendments 173 **Federal-Aid Highway System,** recognition 1482 **Federal Aviation Act of 1958,** amendments 792, 878, 1329–382, 1507 **Federal Buildings, Designations.** *See *Public Buildings and Grounds. **Federal Credit Union Act,** amendments 633, 652–656 **Federal Deposit Insurance Act,** amendments 563, 566, 567, 623, 625–627, 629, 633, 634, 656 **Federal Employees’ Retirement System,** technical corrections 265, 1744 **Federal Employees’ Retirement System Act of 1986,** amendments 46–48, 50, 265, 1746–1748, 1750, 1752, 1764, 1765 **Federal Energy Regulatory Commission,** Idaho Power Company, declaratory order 1450 **Federal Farm Credit Banks Funding Corporation,** establishment 1568 **Federal Flood Insurance Act of 1956,** amendments 1942 **Federal Home Loan Bank Act,** amendments 575, 585, 600, 601, 617, 633 **Federal Home Loan Mortgage Corporation Act,** amendments 793, 1922 **Federal Mass Transportation Act of 1987** 223 **Federal National Mortgage Association Charter Act,** amendments 793, 1921, 1922 **Federal Onshore Oil and Gas Leasing Reform Act of 1987** 1330–256 **Federal Property and Administrative Services Act of 1949,** amendments 510, 1329–427, 1728 **Federal Republic of Germany, Foreign Relations Authorization Act, Fiscal Years 1988 and 1989** 1331 **Federal Reserve Act,** amendments 564, 566, 652 **Federal Salary Act of 1967,** amendments 1329–27 **Federal Savings and Loan Insurance Corporation Recapitalization Act of 1987** 585 **Federal Trade Commission Act,** amendments 655 **Federal Triangle Development Act** 735 **Federal Unemployment Tax Act,** amendments 1330–326 **Federal Water Pollution Control Act,** amendments 8, 1329–197, 1732 **Feed Grain:** Farm Disaster Assistance Act of 1987 318 Omnibus Budget Reconciliation Act of 1987 1330 **Fellowships and Scholarships:** Federal sea grant program 384 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Higher Education Technical Amendments Act of 1987 335 Medicare and Medicaid Patient and Program Protection Act of 1987 680 A14 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 United States-Japan Fishery Agreement Approval Act of 1987 1458 **Ferryboats.** *See* Transportation. **Films:** “America The Way I See It”, distribution 910, 1376 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Financial Institutions.** *See* Banks and Banking. **Financial Institutions Emergency Acquisitions Amendments of 1987** 623 **Firearms.** *See* Arms and Munitions. **Firemen.** *See* Safety. **Fish and Fishing:** Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 1778 Fishermen’s Protective Act, reauthorization 884 Foreign-built processing vessels, documentation restrictions 733, 884 Idaho Power Company, environmental protection agreement 1450 Kings River Special Management Area, CA, establishment 881 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 National Fish and Wildlife Foundation, property acquisition and management 1785 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 U.S.-South Korean fishery agreement, extension 384 United States-Japan Fishery Agreement Approval Act of 1987 1458 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 Water Quality Act of 1987 7 **Fishermen’s Protective Act,** amendments 884 **Flattery Rocks National Wildlife Refuge,** administration 1550 **Flood Control:** Farm Disaster Assistance Act of 1987 318 Housing and Community Development Act of 1987 1815 Lock Haven, PA, loss prevention project 730 Seminole Indian Land Claims Settlement Act of 1987 1556 Supplemental Appropriations Act, 1987 391 **Flood Control Act of 1941,** amendments 323 **Florida:** De Soto National Trail Study Act of 1987 1287 Land conveyance 808 Mineral rights 808 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Seminole Indian Land Claims Settlement Act of 1987 1556 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Flour,** Stewart B. McKinney Homeless Assistance Act 482 **Food.** *See* Agriculture and Agricultural Commodities; Meat. **Food Security Act of 1985,** amendments 291, 428, 475, 1329–357, 1329–358, 1330–12, 1330–14, 1330–16—1330–19, 1330–27, 1674, 1710 **Food Stamp Act of 1977,** amendments 1330–29, 1566, 533–536 **Food Stamps:** Charitable Assistance and Food Bank Act of 1987 1566 Older Americans Act Amendments of 1987 926 Stewart B. McKinney Homeless Assistance Act 482 **Foreign Assistance Act of 1961,** amendments 1329–89, 1329–141, 1329–142, **Foreign Missions Act,** amendments 1329– 147, 1329–170, 1329–171, 1329–181, 1329–184, 1329–186, 1342, 1343, 1353, 1360, 1397, 1398 **Foreign Relations Authorization Act, Fiscal Years 1986 and 1987,** amendments 1329–294, 1345, 1366, 1386, 1389, 1397 **Foreign Relations Authorization Act, Fiscal Years 1988 and 1989** 1331 **Foreign Service Act of 1980,** amendments 1345, 1361–1366, 1369, 1768 **Forests and Forest Products:** *See also* National Forest System. Alaska Native Claims Settlement Act Amendments of 1987 1788 A15 El Malpais National Monument and Conservation Area, NM, establishment 1539 Kings River Special Management Area, CA, administration 881 Michigan Wilderness Act of 1987 1274 Omnibus Budget Reconciliation Act of 1987 1330 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Foster Care.** *See* Children and Youth. **Fraud:** Aviation reports and records offenses, penalty revisions 792 Competitive Equality Banking Act of 1987 552 Federal Employees’ Retirement System, technical corrections 265, 1744 Housing and Community Development Act of 1987 1815 Medicare and Medicaid Patient and Program Protection Act of 1987 680 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 **Fuel.** *See* Energy; Natural Gas; Petroleum and Petroleum Products. **G** **Gaming.** *See* Recreation. **Gam-St Germain Depository Institutions Act of 1982,** amendments 635 **Gas.** *See* Natural Gas. **Gasoline.** *See* Petroleum and Petroleum Products. **General Bridge Act of 1946,** amendment 173, 174 **General Education Provisions Act,** amendments 362, 363 **Georgia:** Aubrey A. ‘Tex’ Gunnels Dormitory Complex, designation 1329 Chickamauga and Chattanooga National Military Park, highway relocation 1442 Clarks Hill Dam, Reservoir, and Highway, redesignation 1440 De Soto National Trail Study Act of 1987 1287 J. Strom Thurmond Dam, Reservoir, and Highway, designation 1440 Jimmy Carter National Historic Site and Preservation District, establishment 1434 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Gettysburg National Military Park, PA,** land acquisition 807 **Gifts and Property:** Charitable Assistance and Food Bank Act of 1987 1566 Christopher Columbus quincentenary jubilee, donation limit increase 700 Continuing appropriations, fiscal year 1988 1329 El Malpais National Monument and Conservation Area, NM, establishment 1539 Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Gettysburg National Military Park, PA, land acquisition 807 Housing and Community Development Act of 1987 1815 Korean War Veterans Memorial, DC, temporary investment of private contributions 1563 Malcolm Baldrige National Quality Improvement Act of 1987 724 National Aeronautics and Space Administration Authorization Act of 1988 860 Omnibus Budget Reconciliation Act of 1987 1330 Santa Fe National Historic Trail, NM, placement markers 302 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Global Climate Protection Act of 1987** 1407 **Goldwater-Nichols Department of Defense Reorganization Act of 1986,** amendments 298, 1174, 1175 **Government National Mortgage Association,** mortgage-backed securities, fee limits 128 **Government Organization and Employees:** Air traffic controllers, retirement eligibility 679 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Continuing appropriations, fiscal year 1988 1329 Federal Employees’ Retirement System, technical corrections 265, 1744 A16 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Independent Counsel Reauthorization Act of 1987 1293 Intelligence Authorization Act, Fiscal Year 1988 1009 Interagency Council on the Homeless, establishment 482 International Cultural and Trade Center Commission, establishment 741 Library of Congress police, rank and pay structures 811 Magistrates’ Retirement Parity Act of 1987 367 Monitored Retrievable Storage Commission, establishment 1330 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 National Economic Commission, establishment 1330 Nuclear Waste Technical Review Board, establishment 1330 Office of the Nuclear Waste Negotiator, establishment 1330 Office of Rural Health Policy, establishment 1330 Omnibus Budget Reconciliation Act of 1987 1330 Postal Service employees, procedural and appeal rights 673 Public Health Service physicians comparability allowance and psychologists special pay 830 Space Grant Review Panel, establishment 860 Supplemental Appropriations Act, 1987 391 Thrift Savings Fund Investment Act of 1987 315 Tucson, AZ, wage area, pay retention provisions 330 United States Commission on Improving the Effectiveness of the United Nations, establishment 1331 Veterans’ Administration, housing loan fees and vendee loans, extensions 813 White House Conference for a Drug Free America, travel expenses 820 **Granite,** Omnibus Budget Reconciliation Act of 1987 1330 **Grants:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Asbestos abatement, financial assistance for educational agencies 102 Chickamauga and Chattanooga National Military Park, GA, highway relocation 1442 Continuing appropriations, fiscal year 1988 1329 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 Excellence in Minority Health Education and Care Act 713 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Indian Law Technical Amendments of 1987 886 National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Nehemiah housing opportunity grants 1951 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Rural Crisis Recovery Program Act of 1987 1456 Stewart B. McKinney Homeless Assistance Act 482 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act 666 **Great Lakes Shoreline Mapping Act of 1987** 1475 **Greece,** continuing appropriations, fiscal year 1988 1329 **Greenmail.** *See* Securities. **Guam:** Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 A17 **H** **Haiti,** continuing appropriations, fiscal year 1988 1329 **Hand Enrolled Bills,** Omnibus Budget Reconciliation Act of 1987 1330 **Handicapped Persons:** Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 Housing and Community Development Act of 1987 1815 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Harold Washington Social Security Center,** IL, designation 1438 **Hawaii:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Competitive Equality Banking Act of 1987 552 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Community Development Act of 1987 1815 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Stewart B. McKinney Homeless Assistance Act 482 **Hazardous Materials:** *See also* Pests and Pesticides. Asbestos abatement, financial assistance for educational agencies 102 Housing and Community Development Act of 1987 1815 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Nuclear Waste Policy Amendments Act of 1987 1330–227 Omnibus Budget Reconciliation Act of 1987 1330 Water Quality Act of 1987 7 **Health and Medical Care:** *See also* Medicaid; Medicare. Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Asbestos abatement, financial assistance for educational agencies 102 Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Bankruptcy Code, protection extensions 716 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 Excellence in Minority Health Education and Care Act 713 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Community Development Act of 1987 1815 Indian Law Technical Amendments of 1987 886 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Sentencing Act of 1987 1266 Stewart B. McKinney Homeless Assistance Act 482 **Health Care Facilities:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Higher Education Technical Amendments Act of 1987 335 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 **Health Care Professionals:** Excellence in Minority Health Education and Care Act 713 Federal Employees’ Retirement System, technical corrections 265, 1744 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Public Health Service physicians comparability allowance and psychologists special pay 830 **Health Care Quality Improvement Act of 1986,** amendments 1007 **Health Care Services in the Home Act of 1987** 979 **Health Maintenance Organizations.** *See* Health Care Facilities; Insurance. A18 **Health Services and Centers Amendments of 1978,** amendments 989 **Higher Education Act of 1965,** amendments 335, 1330–36, 1330–38, 1330–39 **Higher Education Amendments of 1986,** amendments 361, 362, 887 **Higher Education Technical Amendments Act of 1987** 335 **Highway Improvement Act of 1982,** amendments 142, 146, 164 **Highway Revenue Act of 1987** 256 **Highway Safety Act of 1973,** amendments 160 **Highway Safety Act of 1978,** amendments 221 **Highway Safety Act of 1987** 218 **Highways:** *See also* Bridges. Chickamauga and Chattanooga National Military Park, GA, relocation 1442 Clarks Hill Dam, Reservoir, and Highway, GA and SC, redesignation 1440 Continuing appropriations, fiscal year 1988 1329 Federal-aid highway system, recognition 1482 J. Strom Thurmond Dam, Reservoir, and Highway, GA and SC, designation 1440 Robert E.
(Bob)Jones, Jr. Highway, AL, designation 885 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Historic Preservation:** “America The Way I See It”, film distribution 910 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Jimmy Carter National Historic Site and Preservation District, GA, establishment 1434 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Santa Fe National Historic Trail, designation 302 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Historic Preservation Fund,** extension of authorization 800 **Hollings Judicial Center,** SC, designation 1329 **Home Mortgage Disclosure Act of 1975,** amendments 1945, 1950 **Home Owners’ Loan Act of 1933,** amendments 605, 609, 614, 621 **Homeless Persons:** Emergency Food and Shelter Program 92 Housing and Community Development Act of 1987 1815 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 **Honduras,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Honey,** Omnibus Budget Reconciliation Act of 1987 1330 **Hospitals.** *See* Health Care Facilities. **House of Representatives.** *See* Congress. **Housing:** Agricultural Credit Act of 1987 1568 Community development insurance programs, extension 793, 890, 915, 1018, 1372 Competitive Equality Banking Act of 1987 552 Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987 822 Mortgage-backed securities, fee limit 128 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Veterans’ Administration housing loan fees and vendee loans, extensions 813 Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987 1315 **Housing Act of 1948,** amendments 1949, 1950 **Housing Act of 1949,** amendments 1886, 1890, 1892–1898, 1944 **Housing Act of 1954,** amendments 1939, 1950 **Housing Act of 1959,** amendments 1855–1859, 1867 **Housing Act of 1964,** amendments 1937 **Housing and Community Development Act of 1974,** amendments 509, 1329–193, 1922–1927, 1929, 1930, 1932–1934, 1936–1950 **Housing and Community Development Act of 1977,** amendments 1913 **Housing and Community Development Act of 1980,** amendments 1860–1863 **Housing and Community Development Act of 1987** 1815 A19 **Housing and Community Development Amendments of 1978,** amendments 1868–1874, 1877 **Housing and Urban Development Act of 1965,** amendments 1864, 1867, 1920 **Housing and Urban Development Act of 1968,** amendments 1865 **Housing and Urban Development Act of 1970,** amendments 1907, 1945 **Housing and Urban-Rural Recovery Act of 1983,** amendments 1826, 1856, 1938, 1939 **Hugo L. Black United States Courthouse,** AL, designation 901 **Human Rights:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Hungary,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Hunger,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Hunting.** *See* Recreation. **I** **Idaho:** Power Company, environmental protection agreement 1450 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Illinois:** Continuing appropriations, fiscal year 1988 1329 Harold Washington Social Security Center, designation 1438 John E. Grotberg Post Office Building, designation 679 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Immigration:** Adjustments to Lawful Resident Status of Certain Nationals of Countries for Which Extended Voluntary Departure Has Been Made Available 1329–43 Continuing appropriations, fiscal year 1988 1329 Cuban Political Prisoners and Immigrants 1329–39 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Community Development Act of 1987 1815 **Immigration and Nationality Act,** amendments 1399 **Immigration Reform and Control Act of 1986,** amendments 1330–321 **Immunization:** Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Vaccine Compensation Amendments of 1987 1330–221 **Imports:** *See also* Exports. Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Impoundment Control Act of 1974** 785, 786 **Independent Counsel Reauthorization Act of 1987** 1293 **Independent Safety Board Act of 1974,** amendments 1528 **India,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Indian Law Technical Amendments of 1987** 886 **Indian Self-Determination Act,** amendments 1329–246 **Indian Tribal Judgment Funds Use or Distribution Act** 886 **Indiana:** National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Indians:** *See also specific tribes.* Agricultural Credit Act of 1987 1568 A20 Competitive Equality Banking Act of 1987 552 Continuing appropriations, fiscal year 1988 1329 Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987 822 El Malpais National Monument and Conservation Area, NM, establishment 1539 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Idaho Power Company, environmental study 1450 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Notice to Lessees Numbered 5 Gas Royalty Act of 1987 1719 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Seminole Indian Land Claims Settlement Act of 1987 1556 Stewart B. McKinney Homeless Assistance Act 482 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Thurston County, NE, property taxes 1443 Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987 704 Water Quality Act of 1987 7 Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act 666 **Indochinese Refugee Resettlement and Protection Act of 1987** 1329–40 **Indonesia:** Edward Zorinsky Memorial Library, dedication 1380 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Infants.** *See* Children and Youth. **Insects and Insecticides.** *See* Pests and Pesticides. **Insurance:** Agricultural Credit Act of 1987 1568 Aviation program, extension 878 Competitive Equality Banking Act of 1987 552 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Community Development Act of 1987 1815 Housing programs 793, 890, 914, 1018, 1327 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Aeronautics and Space Administration Authorization Act of 1988 860 Olympic Commemorative Coin Act, 1988 832 Omnibus Budget Reconciliation Act of 1987 1330 Water Quality Act of 1987 7 **Intellectual Property.** *See* Patents and Trademarks; Copyrights. **Intelligence Authorization Act, Fiscal Year 1988** 1009 **Interagency Council on the Homeless,** establishment 482 **Internal Revenue Code of 1986,** amendments 256–260, 1329–429, 1330–286—1330–289, 1330–295, 1330–296, 1330–327, 1330–330, 1330–331, 1330–333, 1330–337, 1330–342—1330–344, 1330–348, 1330–351—1330–357, 1330–369, 1330–374, 1382, 1532, 1533 **International Agreements:** Arms Control and Disarmament Amendments Act of 1987 1444 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Semiconductors, mask work protection 899 U.S.-South Korean fishery agreement, extension 384 United States-Japan Fishery Agreement Approval Act of 1987 1458 **International Banking Act of 1978,** amendments 584 **International Bridge Act of 1972,** amendment 174 **International Claims Settlement Act of 1949,** amendments 1350 **International Cultural and Trade Center Commission,** establishment 741 **International Organizations:** Arms Control and Disarmament Amendments Act of 1987 1444 Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Intelligence Authorization Act, Fiscal Year 1988 1009 A21 United States-Japan Fishery Agreement Approval Act of 1987 1458 **International Organizations Immunities Act,** amendments 1395 **International Security and Development Cooperation Act of 1985,** amendments 1329–441 **Interstate Compacts.** *See* Compacts Between States. **Investment Advisers Act of 1940,** amendments 1263, 1264 **Investment Company Act of 1940,** amendments 1260–1263 **Iowa:** Continuing appropriations, fiscal year 1988 1329 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Iran:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 War with Iraq, ceasefire and negotiated solution, support 711 **Iraq:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 War with Iran, ceasefire and negotiated solution, support 711 **Israel:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **J** **J. Strom Thurmond Dam, Reservoir, and Highway,** GA and SC, designation 1440 **Jamaica,** continuing appropriations, fiscal year 1988 1329 **Japan:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 United States-Japan Fishery Agreement Approval Act of 1987 1458 **Jimmy Carter National Historic Site and Preservation District,** GA, establishment 1434 **Job Training Partnership Act,** amendments 531 **John E. Grotberg Post Office Building,** IL, designation 679 **John W. Wydler United States Post Office,** NY, designation 1449 **Judges.** *See* Courts, U.S. **K** **Kansas:** Continuing appropriations, fiscal year 1988 1329 Santa Fe National Historic Trail, designation 302 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Kenneth G. Ward Border Station, WA,** designation 376 **Kentucky:** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Trail of Tears Interpretive Site, establishment 1309 Water Quality Act of 1987 7 **Kenya,** Supplemental Appropriations Act, 1987 391 **Kern River,** CA, wild and scenic river designation 924 **Kings River:** Special management area, CA, establishment 881 Wild and scenic river designation 881 **Knipling-Bushland Research Laboratory,** TX, designation 1439 **Korea, Republic of.** *See* South Korea. **Korean War Veterans Memorial:** Continuing appropriations, fiscal year 1988 1329 Temporary investment of private contributions 1563 **Kuwait,** Supplemental Appropriations Act, 1987 391 **L** **Labeling,** National Appliance Energy Conservation Act of 1987 103 **Labor Disputes:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Long Island Rail Road 4 **Labor Management Reporting and Disclosure Act of 1959,** amendments 1269 A22 **Land Remote-Sensing Commercialization Act of 1984,** amendments 877 **Land Remote-Sensing Commercialization Act Amendments of 1987** 876, 876 **Land and Water Conservation Fund Act of 1965,** amendments 258, 1330–263, 1330–264, 1330–267 **Land.** *See* Public Lands; Real Property. **Laos,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Latvia,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Law Enforcement and Crime:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Aviation reports and records offenses, penalty revisions 792 Criminal Fine Improvements Act of 1987 1279 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Independent Counsel Reauthorization Act of 1987 1293 Library of Congress police, rank and pay structures 811 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Police Retirement System, DC, technical amendments 1744 Quillayute Needles and Flattery Rocks National Wildlife Refuges, administration 1550 Seminole Indian Land Claims Settlement Act of 1987 1556 Sentencing Act of 1987 1266 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Lead-Based Paint Poisoning Prevention Act,** amendments 1945 **Lebanon,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Legislative Branch Appropriation Act, 1968,** amendments 423, 818, 1329–293 **Legislative Branch Appropriation Act, 1970,** amendments 1329–294 **Legislative Branch Appropriation Act, 1978,** amendments 819, 1329–295 **Legislative Branch Appropriation Act, 1979,** amendments 262 **Legislative Branch Appropriations Act, 1987,** amendments 423–425 **Liberia,** continuing appropriations, fiscal year 1988 1329 **Libraries:** *See also* Library of Congress. Edward Zorinsky Memorial Library, Indonesia, dedication 1380 Excellence in Minority Health Education and Care Act 713 **Library of Congress:** Librarian Emeritus, honorary designation of Daniel J. Boorstin 549 Library police, rank and pay structures 811 **Lithuania,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Livestock.** *See* Animals. **Loans:** Agricultural Credit Act of 1987 1568 Asbestos abatement, financial assistance for educational agencies 102 Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754, 1330–45 Competitive Equality Banking Act of 1987 552 Continuing appropriations, fiscal year 1988 1329 Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987 822 Farm Disaster Assistance Act of 1987 318 Federal Employees’ Retirement System, technical corrections 265, 1744 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Veterans’ Administration housing fee and vendee sales, extensions 813 A23 Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987 1315 Water Quality Act of 1987 7 **Lobbying,** Omnibus Budget Reconciliation Act of 1987 1330 **Lock Haven Flood Control Project,** PA, loss prevention 730 **Long Island Rail Road,** labor-management dispute 4 **Louisiana:** De Soto National Trail Study Act of 1987 1287 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Low Income Persons.** *See* Disadvantaged Persons. **Lowell National Historical Park,** MA, appropriation authorization 810 **M** **Magistrates’ Retirement Parity Act of 1987** 367 **Magnuson Fishery Conservation and Management Act,** amendments 384, 1778 **Mail:** Alaska, carrier requirements 1744 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Omnibus Budget Reconciliation Act of 1987 1330 Postal Service employees, procedural and appeal rights 673 Senate personnel and office expense accounts, combining accounts 814 **Maine:** Farm Disaster Assistance Act of 1987 318 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Malcolm Baldrige National Quality improvement Act of 1987** 724 **Margarine,** Poultry Producers Financial Protection Act of 1987 917 **Marine Plastic Pollution Research and Control Act of 1987** 1460 **Marine Protection, Research, and Sanctuaries Act of 1972,** amendments 79, 172 **Marine Science, Technology, and Policy Development Act of 1987** 1469 **Maritime Affairs:** Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 1778 Foreign-built processing vessels, documentation restrictions 733, 884 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Set-aside vessels for health service 884 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 United States Ship *Blenny, * MD, title transfer 1455 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 **Marketing:** Christopher Columbus quincentenary logo, authorization 700 Competitive Equality Banking Act of 1987 552 Farm Disaster Assistance Act of 1987 318 Omnibus Budget Reconciliation Act of 1987 1330 Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987 1315 **Maryland:** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States Ship *Blenny, * title transfer 1455 **Masau Trail,** AZ, designation 1539 **Massachusetts:** Competitive Equality Banking Act of 1987 552 Lowell National Historical Park, appropriation authorization 810 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Thomas P. O’Neill, Jr., Federal Building, designation 375 Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987 704 Water Quality Act of 1987 7 **Meat,** Poultry Producers Financial Protection Act of 1987 917 A24 **Medals.** *See* Decorations, Medals, Awards. **Medicaid:** Commodity Distribution Reform Act and WIC Amendments of 1987 1733 Medicare and Medicaid Patient and Program Protection Act of 1987 680 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 **Medicare:** Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 **Medicare and Medicaid Patient and Program Protection Act of 1987** 680 **Memorials.** *See* National Parks, Monuments, Etc. **Mental Health.** *See* Health and Medical Care. **Merced River,** CA, wild and scenic river designation 879 **Merchant Marine Act, 1920,** amendments 1782 **Mexico:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Water Quality Act of 1987 7 **Michigan:** Charles E. Chamberlain Federal Building and United States Post Office, designation 893 Competitive Equality Banking Act of 1987 552 Housing and Community Development Act of 1987 1815 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Michigan Wilderness Act of 1987** 1274 **Military Construction Appropriations Act, 1987,** amendments 409 **Military Construction Authorization Act, 1984,** amendments 1216 **Military Construction Authorization Act, 1986,** amendments 1227, 1329–320 **Military Construction Authorization Act, 1987,** amendments 1193, 1204, 1205 **Military Construction Authorization Act, 1988 and 1989** 1179 **Military Family Act of 1985,** amendments 1106 **Military Health Care Amendments of 1987** 1108 **Military Retirement Reform Act of 1986,** technical corrections 1536 **Military Selective Service Act.** amendments 1113 **Mineral Leasing Act** 1330–263 **Mineral Leasing Act of 1920,** amendments 1330–250 **Minerals and Mining:** *See also* Natural Gas; Petroleum and Petroleum Products. Abandoned mine reclamation, State trust fund 300 Alabama, land conveyance 383 El Malpais National Monument and Conservation Area, NM, establishment 1539 Florida, mineral rights and land conveyance 808 Kings River Special Management Area, CA, leasing rights 881 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Minnesota:** Competitive Equality Banking Act of 1987 552 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Warren E. Burger Federal Building and United States Courthouse, designation 479 Water Quality Act of 1987 7 **Minorities:** *See also* Women. Agricultural Credit Act of 1987 1568 Alaska Native Claims Settlement Act Amendments of 1987 1788 Competitive Equality Banking Act of 1987 552 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 Excellence in Minority Health Education and Care Act 713 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Higher Education Technical Amendments Act of 1987 335 A25 Housing and Community Development Act of 1987 1815 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 **Mississippi:** De Soto National Trail Study Act of 1987 1287 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Missouri:** Continuing appropriations, fiscal year 1988 1329 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Santa Fe National Historic Trail, designation 302 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Trail of Tears Interpretive Site, establishment 1309 **Mobile Homes:** National Appliance Energy Conservation Act of 1987 103 Supplemental Appropriations Act, 1987 391 **Mongolia,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Monitored Retrievable Storage Commission,** establishment 1330 **Montana,** Water Quality Act of 1987 7 **Montgomery GI Bill Act of 1984** 331 **Monuments.** *See* National Parks, Monuments, Etc. **Morocco,** Supplemental Appropriations Act, 1987 391 **Mortgages.** *See* Housing; Securities. **Motor Vehicles:** National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Mozambique,** continuing appropriations, fiscal year 1988 1329 **Mutual Educational Exchange Act of 1961,** amendments 1378, 1379 **N** **National Aeronautics and Space Act of 1958,** amendments 866, 867 **National Aeronautics and Space Administration Authorization Act of 1988** 860 **National Appliance Energy Conservation Act of 1987** 103 **National Bureau of Standards Act,** amendments 1724 **National Childhood Vaccine Injury Act of 1986,** amendments 1330–221 **National Commission on Children,** establishment 1330 **National Commission on Dairy Policy,** report extension 291 **National Defense Authorization Act for Fiscal Year 1987,** amendments 1036, 1066, 1085, 1093, 1116, 1119, 1121, 1122, 1127 **National Defense Authorization Act for Fiscal Years 1988 and 1989** 1019 **National Defense Authorization Act for Fiscal Years 1988 and 1989,** amendments 1329–436, 1538 **National Defense Stockpile Amendments of 1987** 1245 **National Driver Register Act of 1982,** amendments 1525, 1526 **National Economic Commission,** establishment 1330 **National Endowment for Democracy Act,** amendments 1376 **National Fish and Wildlife Foundation,** property acquisition and management 1785 **National Fish and Wildlife Foundation Establishment Act,** amendments 1785, 1786 **National Flood Insurance Act of 1968,** amendments 1939, 1940, 1942 **National Forest System:** *See also* Forests and Forest Products. Aircraft overflights, wilderness impact assessment 674 El Malpais National Monument and Conservation Area, NM, establishment 1539 Kings River Special Management Area, CA, establishment 881 **National Gas Policy Act of 1978,** amendments 314 **National Guard.** *See* Armed Forces. **National Historic Preservation Act,** amendments 800 **National Housing Act,** amendments 128, 567, 571, 573–577, 579, 580, 581, 597, 600–606, 611, 613, 615, 620, 621, 632, 633, 793, 1329–191, 1864, 1867, 1871, 1877, 1884, 1890, 1898–1908, 1912–1916, 1918, 1919, 1940, 1942, 1948 **National Manufactured Housing Construction and Safety Standards Act of 1974,** amendments 1948 A26 **National Parks, Monuments, Etc.:** Aircraft overflights, study 674 Big Bend National Park, TX, boundary revision 1328 Chickamauga and Chattanooga National Military Park, GA, highway relocation 1442 Disabled American Veterans Vietnam Veterans National Memorial, recognition of national significance 2232 Edward Zorinsky Memorial Library, Indonesia, dedication 1380 El Malpais National Monument and Conservation Area, NM, establishment 1539 Gettysburg National Military Park, PA, land acquisition 807 International Association of Fire Fighters Fallen Fire Fighter Memorial 2009 Jimmy Carter National Historic Site and Preservation District, GA, establishment 1434 Kern River, CA, wild and scenic river designation 924 Kings River, CA, wild and scenic river designation 881 Korean War Veterans Memorial 29, L1563 Lowell National Historical Park, MA, appropriation authorization 810 Merced River, CA, wild and scenic river designation 879 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 North Cascades National Park, WA, dedication to Henry M. Jackson 551 Omnibus Budget Reconciliation Act of 1987 1330 Peace Garden, DC, establishment 379 Santa Fe National Historic Trail, NM, designation 302 Statue of Liberty National Monument, NJ and NY, prohibiting entrance fees 371 Stones River National Battlefield, TN, boundary revision 1433 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **National School Lunch Act,** amendments 429, 972, 1738, 1739 **National Sea Grant College Program Act,** amendments 384, 1469 **National Sea Grant College Program Authorization Act of 1987** 1469 **National Security.** *See* Defense and National Security. **National Space Grant College and Fellowship Act** 869 **National Trails System Act,** amendments 302, 1287, 1309 **National Wild and Scenic River System,** NJ, study rivers 299 **National Wilderness Preservation System:** Boundary Waters Canoe Area Wilderness, aircraft overflight surveillance 674 Cranberry Wilderness Area, WV, boundary modification 1329 El Malpais National Monument and Conservation Area, NM, establishment 1539 Michigan Wilderness Act of 1987 1274 **National Wildlife Refuge System:** *See also* Wildlife. Flattery Rocks National Wildlife Refuge, administration 1550 Quillayute Needles National Wildlife Refuge, administration 1550 San Francisco Bay National Wildlife Refuge, CA, appropriation authorization 1550 Stewart B. McKinney National Wildlife Refuge Designation Act of 1987 306 **National Wildlife Refuge System Administration Act of 1966,** amendments 1551 **National Wool Act of 1954,** amendments 1330–5 **Native American Programs Act Amendments of 1987** 973 **Native American Programs Act of 1974,** amendments 973–976, 978 **NATO.** *See* North Atlantic Treaty Organization. **Natural Disasters.** *See* Disaster Assistance. **Natural Gas:** Electric powerplants, certification 310 Federal Onshore Oil and Gas Leasing Reform Act of 1987 1330–256 Notice to Lessees Numbered 5 Gas Royalty Act of 1987 1719 Omnibus Budget Reconciliation Act of 1987 1330 **Natural Gas Policy Act of 1978,** amendments 314 **Nebraska:** Continuing appropriations, fiscal year 1988 1329 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Thurston County, property taxes 1443 **Necklacing.** *See* South Africa. **Neighborhood Reinvestment Corporation Act,** amendments 1938 A27 **Nevada:** Omnibus Budget Reconciliation Act of 1987 1330 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **New GI Bill Continuation Act** 331 **New Hampshire,** Water Quality Act of 1987 7 **New Jersey:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Omnibus Budget Reconciliation Act of 1987 1330 Statue of Liberty National Monument, prohibiting entrance fees 371 Study rivers, designation 299 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **New Mexico:** El Malpais National Monument and Conservation Area, establishment 1539 Indian Law Technical Amendments of 1987 886 Masau Trail, designation 1539 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Santa Fe National Historic Trail, designation 302 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **New York:** Competitive Equality Banking Act of 1987 552 Continuing appropriations, fiscal year 1988 1329 Housing and Community Development Act of 1987 1815 Intelligence Authorization Act, Fiscal Year 1988 1009 John W. Wydler United States Post Office, designation 1449 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Olympic Commemorative Coin Act, 1988 832 Omnibus Budget Reconciliation Act of 1987 1330 Statue of Liberty National Monument, prohibiting entrance fees 371 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Nicaragua:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Intelligence Authorization Act, Fiscal Year 1988 1009 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Noise Pollution.** *See* Pollution. **Nondiscrimination.** *See* Discrimination, Prohibition. **North Atlantic Treaty Organization:** Defense Technical Corrections Act of 1987 273 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **North Carolina:** De Soto National Trail Study Act of 1987 1287 Housing and Community Development Act of 1987 1815 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **North Cascades National Park, WA,** dedication to Henry M. Jackson 551 **North Dakota:** Continuing appropriations, fiscal year 1988 1329 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Northern Mariana Islands:** Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Norway,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Notice to Lessees Numbered 5 Gas Royalty Act of 1987** 1719 **Nuclear Waste Policy Act of 1982,** amendments 1330–227—1330–232, 1330–236, 1330–241, 1330–243, 1330–248, 1330–251, 1330–253, 1330–255 **Nuclear Waste Policy Amendments Act of 1987** 1330–227 A28 **Nuclear Waste Technical Review Board,** establishment 1330 **Nurses.** *See* Health Care Professionals. **O** **Oats,** Omnibus Budget Reconciliation Act of 1987 1330 **Office of Classified National Security Information,** extension 262 **Office of the Nuclear Waste Negotiator,** establishment 1330 **Office of Rural Health Policy,** establishment 1330 **Ohio:** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Oil.** *See* Petroleum and Petroleum Products. **Oklahoma:** Santa Fe National Historic Trail, designation 302 Supplemental Appropriations Act, 1987 391 Trail of Tears Interpretive Site, establishment 1309 **Old Age Assistance Claims Settlement Act** 886 **Older Americans Act Amendments of 1987** 926 **Older Americans Act of 1965,** amendments 928–935, 938–967 **Olympic Commemorative Coin Act,** 1988 832 **Omnibus Budget Reconciliation Act of 1986,** amendments 308, 783, 784, 1714, 1330–57—1330–60, 1330–64, 1330–66, 1330–79, 1330–84, 1330–88, 1330–141, 1330–156, 1330–158—1330–160 **Omnibus Budget Reconciliation Act of 1987** 1330 **Omnibus Diplomatic Security and Antiterrorism Act of 1986,** amendments 1329–141 **Oregon,** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Outer Continental Shelf Lands Act,** amendments 1329–225 **P** **P.L.O.** *See* Palestine Liberation Organization. **Packers and Stockyards Act, 1921,** amendments 917–919, 922 **Pakistan,** continuing appropriations, fiscal year 1988 1329 **Palestine Liberation Organization,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Panama:** Continuing appropriations, fiscal year 1988 1329 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Panama Canal Act of 1979,** amendments 1330–269 **Panama Canal Revolving Fund Act** 1330–271 **Paraguay,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Parks.** *See* National Parks, Monuments, Etc. Passports, Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Patents and Trademarks:** Christopher Columbus quincentenary logo, authorization 702 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Semiconductors, international mask work protection 899 **Peace Corps Act,** amendments 1329–145 **Peace Garden, DC,** establishment 379 **Peanuts,** Omnibus Budget Reconciliation Act of 1987 1330 **Penalties.** *See* Law Enforcement and Crime. **Pennsylvania:** Continuing appropriations, fiscal year 1988 1329 Gettysburg National Military Park, land acquisition 807 Housing and Community Development Act of 1987 1815 Lock Haven flood control project, loss prevention 730 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Pension Protection Act** 1330–333 **Persian Gulf:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Supplemental Appropriations Act, 1987 391 **Peru,** continuing appropriations, fiscal year 1988 1329 A29 **Pests and Pesticides,** Supplemental Appropriations Act, 1987 391 **Petroleum and Petroleum Products:** Electric powerplants, certification 310 Federal Onshore Oil and Gas Leasing Reform Act of 1987 1330–256 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Notice to Lessees Numbered 5 Gas Royalty Act of 1987 1719 Omnibus Budget Reconciliation Act of 1987 1330 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Philippines:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 **Photographs,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Physicians.** *See* Health Care Professionals. **Plant Variety Protection Act,** amendments 1330–28 **Plants,** Omnibus Budget Reconciliation Act of 1987 1330 **Plastics:** Marine Plastic Pollution Research and Control Act of 1987 1460 United States-Japan Fishery Agreement Approval Act of 1987 1458 **Plutonium,** Omnibus Budget Reconciliation Act of 1987 1330 **Poland:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Police.** *See* Law Enforcement and Crime. **Political Activity,** prohibition, Omnibus Budget Reconciliation Act of 1987 1330 **Pollution:** Aircraft overflights, National Park System units, study 674 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Marine Plastic Pollution Research and Control Act of 1987 1460 Michigan Wilderness Act of 1987 1274 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Polygraphs,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Post Offices, U.S.; Designations.** *See *Public Buildings and Grounds. **Postal Service:** Employee procedural and appeal rights 673 Omnibus Budget Reconciliation Act of 1987 1330 **Poultry Producers Financial Protection Act of 1987** 917 **Powerplant and Industrial Fuel Use Act of 1978,** amendments 310–314 **Printing:** *See also* Concurrent Resolutions. Budget reconciliaton bill, parchment waiver 1326 **Prisoners:** Sentencing Act of 1987 1266 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Proclamations:** Ammonium paratungstate and tungstic acid agreement, China, implementation 2206 Cotton, import quota 2226 Disabled American Veterans Vietnam Veterans National Memorial, recognition of national significance 2232 Marshall Islands, placing Compact of Free Association into effect 2027 Micronesia, placing Compact of Free Association into effect 2027 Motorcycles, termination of import relief 2217 Northern Mariana Islands, placing Covenant with U.S. into effect 2027 Pasta articles agreement, European Economic Community, implementation 2199 Republic of Singapore, extending U.S. copyright protections to work 2134 Rose, designation as national floral emblem 2038 Special observances— A Time of Remembrance for Victims of Terrorism 2021 Afghanistan Day 130, 2091 African American Education Week 2233 AIDS Awareness and Prevention Month 2196 American Gospel Arts Day 372, 2155 A30 American Heart Month 2071 American Indian Week 2041, 2235 American Red Cross Month 2077 Animated feature film, fiftieth anniversary 2168 Arizona Diamond Jubilee Year 100, 2100 Asian/Pacific American Heritage Week 2125 Baltic Freedom Day 365, 2152 Benign Essential Blepharospasm Awareness Week 750, 2212 Berlin, 750th Anniversary 2150 Cancer Control Month 2104 Captive Nations Week 2167 Centennial of the Birth of David Ben-Gurion 2031 Child Health Day 2198 Citizenship Day and Constitution Week 2182 Clean Water Day 541, 2172 Columbus Day 2204 Crack/Cocaine Awareness Month 2025 Death of American Servicemen on Board United States Ship *STARK* 2136 Department of Agriculture, one hundred and twenty-fifth anniversary year 328, 2153 Department of Labor, seventy-fifth anniversary year 2108 Education Day U.S.A 271, 2098 Emergency Medical Services Week 748, 2193 Father’s Day 2114 Federal Employees Recognition Week 98, 2085 Fire Prevention Week 2192 Flag Day and National Flag Week 2149 Freedom of Information Day 2090 General Pulaski Memorial Day 2203 Geography Awareness Week 539, 2188 George C. Marshall Month 333, 2148 German-American Day 721, 2210 Gold Star Mothers Day 797 Greek Independence Day: A National Day of Celebration of Greek and American Democracy 2094 Hatch Act Centennial 96, 2083 Helsinki Human Rights Day 545, 2173 Human Rights Day, Bill of Rights Day, and Human Rights Week 2241 International Special Olympics Week and Day 480, 2170 Interstate Commerce Commission Day 263, 2095 Jewish Heritage Week 307, 2129 Just Say No to Drugs Week 305, 2130 Know Your Cholesterol Week 2095 Law Day, U.S.A 2105 Law and Order in the State of Georgia 2238 Leif Erikson Day 2213 Loyalty Day 2117 Lupus Awareness Month 723, 2197 Made in America Month 2051 Martin Luther King, Jr., Day 2062 Mental Illness Awareness Week 543, 2186 Minority Enterprise Development Week 2171 Mother’s Day 2113 National Adoption Week 2034, 2235 National Adult Immunization Awareness Week 837, 2024, 2224 National Alopecia Areata Awareness Week 2050 National Alzheimer’s Disease Month 388, 2030 National Aplastic Anemia Awareness Week 2044 National Arts Week 2033, 2231 National Bowling Week 2061 National Burn Awareness Week 2056 National Cancer Institute Month 269, 2112 National Catfish Day 374, 2156 National Challenger Center Day 6, 2070 National Child Abuse Prevention Month 293, 2116 National Child Identification and Safety Information Day, 1986 2026 National Child Support Enforcement Month 665, 2181 National Civil Rights Day 2178 National Community Education Day 720, 2037, 2228 National Consumers Week 2079 National Correctional Officers Week 2127 National Czech American Heritage Week 389, 2169 National Dairy Goat Awareness Week 373, 2154 National Day of Excellence 2069 National Day of Mourning for the Victims of the U.S.S. *Stark* 317, 2147 National Day of Prayer 2058 National Defense Transportation Day and National Transportation Week 2107 National Developmental Disabilities Awareness Month 2082 National Diabetes Month 718, 2036, 2187 National Digestive Diseases Awareness Month 297, 2128 National Down Syndrome Month 796, 2214 National Drunk and Drugged Driving Awareness Week 2055, 2242 A31 National Employ the Handicapped Week 2190 National Energy Education Day 129, 2093 National Epidermolysis Bullosa Awareness Week 2045 National Family Bread Baking Month 836, 2229 National Family Caregivers Week 2042, 2234 National Family Week 2040, 2237 National Farm-City Week 2043, 2216 National Farm Safety Week 2155 National Fishing Week 267, 2133 National Food Bank Week 2230 National Forest Products Week 2222 National Former POW Recognition Day 266, 2096 National Hispanic Heritage Week 2189 National Historically Black Colleges Week 749, 2195 National Home Care Week 2039 National Home Health Care Week 2238 National Hospice Month 835, 2032, 2224 National Housing Week 2024 National Hungarian Freedom Fighters Day 2019 National Immigrants Day 378, 2223 National Job Skills Week 801, 2215 National Kidney Program Day 2023 National Know Your Cholesterol Week 127 National Literacy Day 381, 2159 National Lupus Awareness Month 2197 National Maritime Day 2126 National Medical Research Day 798, 2202 National Minority Cancer Awareness Week 290, 2103 National Neighborhood Crime Watch Day 664, 2179 National Older Americans Abuse Prevention Week 296, 2127 National Organ and Tissue Donor Awareness Week 295, 2115 National Osteoporosis Prevention Week 303, 2131 National Outward Bound Week 377, 2157 National Pearl Harbor Remembrance Day 2046, 2240 National Philanthropy Day 2035 National Podiatric Medicine Week 390, 2161 National Poison Prevention Week 2072, 2201 National POW/MIA Recognition Day 719, 2183 National Reye’s Syndrome Awareness Week 731, 2185 National Safe Boating Week 2066 National Safety Belt Use Day 806, 2220 National Sanctity of Human Life Day 2065 National School Lunch Week 2216 National School Yearbook Week 722, 2191 National SEEK and College Discovery Day 2047 National Tourette Syndrome Awareness Week 839, 2225 National Tourism Week 2135 National Volunteer Week: Our Constitutional Heritage 2111 National Women in Sports Day 2073 National Women Veterans Recognition Week 2020, 2229 National Year of the Americas 2084 National Year of Friendship With Finland 2192 National Year of the Teacher; National Teacher Appreciation Day 2057 National Year of Thanksgiving 2075 9-1-1 Emergency Number Day 2184 Northwest Ordinance, bicentennial commemoration 386, 2159 Ohio State University, 300th commencement exercise 364, 2151 Older Americans Month 268, 2106 Pan American Day and Pan American Week 2099 Polish American Heritage Month 752, 2211 Prayer for Peace, Memorial Day 2146 Salute to School Volunteers Day 2033 Save Your Vision Week 2080 Shays’ Rebellion Week and Day 2063 Small Business Week 2097 Snow White Week 481 Thanksgiving Day 2174 United Nations Day 2022, 2205 United States-Canada Days of Peace and Friendship 2158 United States Olympic Festival – 1987 Celebration; United States Olympic Festival – 1987 Day 2162 United Way Centennial, 1887–1987 2054 Veterans Day 2194 Victims of Crime Week 2110 Walt Disney Recognition Day 2049 White Cane Safety Day 2221 Women’s Equality Day 2175 Women’s History Month 99, 2089 World Food Day 802, 2219 World Trade Week 2132 Wright Brothers Day 2052, 2239 Year of the Reader 2048 *Stars and Stripes, * America’s Cup victory, congratulations 91, 2074 A32 Tariffs— Canadian softwood lumber products, surcharge 2060 Cheese, European Economic Community, modifications 2088 European Economic Community, increase on certain articles 2067 Generalized System of Preferences, amendments 2086, 2136, 2177 Japan, increase on certain articles 2101 Poland, restoration of most-favored nation treatment 2078 Steel, stainless and alloy tool, increases and restrictions 2163 Textile agreements, treatment modifications 2118 **Property.** *See* Gifts and Property; Real Property. **Psychologists.** *See* Health Care Professionals. **Public Availability.** *See* Public Information. **Public Buildings and Grounds:** Andrew W. Mellon Auditorium, DC, designation 746 Aubrey A. Tex’ Gunnels Dormitory Complex, GA, designation 1329 Charles E. Chamberlain Federal Building and United States Post Office, MI, designation 893 Dr. Hector Perez Garcia Post Office Building, TX, designation 1766 Federal Triangle Development Act 735 Harold Washington Social Security Center, IL, designation 1438 Hollings Judicial Center, SC, designation 1329 Hugo L. Black United States Courthouse, AL, designation 901 John E. Grotberg Post Office Building, IL, designation 679 John W. Wydler United States Post Office, NY, designation 1449 Kenneth G. Ward Border Station, WA, designation 376 Knipling-Bushland Research Laboratory, TX, designation 1439 Peace Garden, DC, establishment 379 Stewart B. McKinney Homeless Assistance Act 482 Thomas P. O’Neill, Jr., Federal Building, MA, designation 375 Tom Bevill Lock and Dam, AL, designation 1329 Tom Bevill Resource Management and Visitor Center at Aliceville Lake on the Tennessee-Tombigbee Waterway, AL, designation 1329 Warren E. Burger Federal Building and United States Courthouse, MN, designation 479 Wilbur J. Cohen Federal Building, DC, designation 715 **Public Debt Limit:** Increases 308, 542, 550, 754 Thrift Savings Fund Investment Act of 1987 315 **Public Health Service,** physicians comparability allowance and psychologists special pay 830 **Public Health Service Act,** amendments 511, 515, 516, 524, 713, 979, 987, 1330–97, 1330–221 **Public Health Service Amendments of 1987** 986 **Public Information:** Agricultural Credit Act of 1987 1568 Aircraft overflights, study 674 Arms Control and Disarmament Amendments Act of 1987 1444 Big Bend National Park, TX, boundary revision 1328 Continuing appropriations, fiscal year 1988 1329 El Malpais National Monument and Conservation Area, NM, establishment 1539 Idaho Power Company, environmental study 1450 Independent Counsel Reauthorization Act of 1987 1293 Jimmy Carter National Historic Site and Preservation District, GA, establishment 1434 Kings River Special Management Area, CA, establishment 881 Michigan Wilderness Act of 1987 1274 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Santa Fe National Historic Trail, designation 302 Stewart B. McKinney Homeless Assistance Act. 482 Stones River National Battlefield, TN, boundary revision 1433 Supplemental Appropriations Act, 1987 391 United States-Japan Fishery Agreement Approval Act of 1987 1458 **Public Lands:** *See also* National Parks, Monuments, Etc.; Public Buildings and Grounds. Alabama, conveyance 383 A33 Arizona, conveyance 894 Alaska Native Claims Settlement Act Amendments of 1987 1788 El Malpais National Monument and Conservation Area, NM, establishment 1539 Florida, conveyance 808 Gettysburg National Military Park, PA, acquisition 807 Michigan Wilderness Act of 1987 1274 Notice to Lessees Numbered 5 Gas Royalty Act of 1987 1719 Omnibus Budget Reconciliation Act of 1987 1330 Seminole Indian Land Claims Settlement Act of 1987 1556 Stones River National Battlefield, TN, boundary revisions 1433 Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987 704 Wisconsin, conveyance 804 **Public Utility Holding Company Act of 1935,** amendments 1259, 1260 **Puerto Rico:** Competitive Equality Banking Act of 1987 552 Omnibus Budget Reconciliation Act of 1987 1330 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Q** **Quillayute Needles National Wildlife Refuge,** administration 1550 **R** **Radiation.** *See* Hazardous Materials. **Railroad Retirement Solvency Act of 1983,** amendments 1330–299 **Railroads:** Long Island Rail Road, labor-management dispute 4 Omnibus Budget Reconciliation Act of 1987 1330 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Real Estate Settlement Procedures Act of 1974,** amendments 1950 **Real Property:** Agricultural Credit Act of 1987 1568 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Competitive Equality Banking Act of 1987 552 Defense Technical Corrections Act of 1987 273 Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 National Fish and Wildlife Foundation, acquisition and management 1785 Omnibus Budget Reconciliation Act of 1987 1330 Payson school site, AZ, conveyance 894 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987 1315 Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act 666 **Reclamation Authorization Act of 1976,** amendments 1313 **Reclamation Reform Act of 1982,** amendments 1330–268, 1330–269 **Recreation:** Kings River Special Management Area, CA, establishment 881 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States Soccer Federation, World Cup efforts, recognition 734 Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act 666 **Red Cross,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Red Shield of David,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Red Tide.** *See* Pollution. **Refugees:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Indochinese Refugee Resettlement and Protection Act of 1987 1329–40 **Religion:** El Malpais National Monument and Conservation Area, NM, establishment 1539 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 A34 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Renewable Resources Extension Act Amendments of 1987** 1565 **Renewable Resources Extension Act of 1978,** amendments 1565 **Research and Development:** *See also* Science and Technology. Airport and Airway Safety and Capacity Expansion Act of 1987 1486 National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Reserves.** *See* Armed Forces. **Retirement:** Air traffic controllers, eligibility 679 Federal Employees’ Retirement System, technical corrections 265, 1744 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Intelligence Authorization Act, Fiscal Year 1988 1009 Magistrates’ Retirement Parity Act of 1987 367 Military Retirement Reform Act of 1986, technical corrections 1536 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 **Revenue Act of 1987** 1380–382 **Rhode Island:** Surface Transportation and Uniform Relocation Assistance Act of 1987 182 Water Quality Act of 1987 7 **Rice:** Farm Disaster Assistance Act of 1987 818 Omnibus Budget Reconciliation Act of 1987 1330 **Rivers and Harbors:** Kern River, CA, wild and scenic river designation 924 Kings River, CA, wild and scenic river designation 881 Merced River, CA, wild and scenic river designation 879 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Study rivers, NJ, designation 299 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Robert E.
(Bob)Jones, Jr. Highway,** AL, designation 885 **Rock Salt,** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Romania,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Rural Areas:** Agricultural Credit Act of 1987 1568 Housing and Community Development Act of 1987 1815 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Rural Crisis Recovery Program Act of 1987** 1456 **Rural Development Act of 1972,** amendments 1456 **Rural Electrification Act of 1936,** amendments 1330–21—1330–23, 1330–26 **Russia.** *See* Union of Soviet Socialist Republics. **S** **Saccharin Study and Labeling Act,** amendments 431 **Safety:** Aircraft overflights, National Park System units, study 674 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Chickamauga and Chattanooga National Military Park, GA, highway relocation 1442 Firefighters Retirement System, DC, technical amendments 1744 Housing and Community Development Act of 1987 1815 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 A35 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **San Francisco Bay National Wildlife Refuge,** CA, appropriation authorization 1550 **Santa Fe National Historic Trail,** NM, designation 302 **Scholarships.** *See* Fellowships and Scholarships. **Schools and Colleges:** *See also* Education. Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Asbestos abatement, financial assistance 102 Commodity Distribution Reform Act and WIC Amendments of 1987 1733 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 Excellence in Minority Health Education and Care Act 713 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Higher Education Technical Amendments Act of 1987 335 Indian Law Technical Amendments of 1987 886 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Payson school site, AZ, conveyance 894 Stewart B. McKinney Homeless Assistance Act 482 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Science and Technology:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Intelligence Authorization Act, Fiscal Year 1988 1009 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Public Health Service Amendments of 1987 986 Semiconductors, mask work protection 899 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **SDI.** *See* Defense and National Security. **Sea Grant Program Improvement Act of 1976,** amendments 1474 **Securities:** Agricultural Credit Act of 1987 1568 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Alaska Native Claims Settlement Act Amendments of 1987 1788 Competitive Equality Banking Act of 1987 552 Continuing appropriations, fiscal year 1988 1329 Farm Disaster Assistance Act of 1987 318 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Housing and Community Development Act of 1987 1815 Mortgage-backed guaranty, fee limit 128 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Thrift Savings Fund Investment Act of 1987 315 Water Quality Act of 1987 7 **Securities Act of 1933,** amendments 1252, 1253 **Securities Exchange Act of 1934,** amendments 1249, 1253–1257, 1259, 1265, 1810 **Securities and Exchange Commission Authorization Act of 1987** 1249 **Securities Investor Protection Act of 1970,** amendments 1265 **Sematech,** National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Semiconductors.** *See* Computers; Science and Technology. **Seminole Indian Land Claims Settlement Act of 1987** 1556 **Senate.** *See* Congress. **Sentencing Act of 1987** 1266 **Ships and Shipping.** *See* Maritime Affairs; Individual Index. **Small Business:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 A36 Defense Technical Corrections Act of 1987 273 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Small Business Act,** amendments 288, 477, 1130 **Small Business Investment Act of 1958,** amendments 477 **Smoke Detectors,** continuing appropriations, fiscal year 1988 1329 **Smoking,** continuing appropriations, fiscal year 1988 1329 **Soccer.** *See* Recreation. **Social Security Act,** amendments 680, 1330–39, 1330–283 **Social Workers.** *See* Health Care Professionals. **Solar Energy.** *See* Energy. **Solar Energy and Energy Conservation Bank Act,** amendments 793, 1950 **South Africa,** Supplemental Appropriations Act, 1987 391 **South Carolina:** Clarks Hill Dam, Reservoir, and Highway, redesignation 1440 De Soto National Trail Study Act of 1987 1287 Hollings Judicial Center, designation 1329 J. Strom Thurmond Dam, Reservoir, and Highway, designation 1440 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **South Dakota:** Farm Disaster Assistance Act of 1987 318 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **South Korea,** international fishery agreement, extension 384 **Soviet Union.** *See* Union of Soviet Socialist Republics. **Space:** National Aeronautics and Space Administration Authorization Act of 1988 860 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Supplemental Appropriations Act, 1987 391 **Space Grant Review Panel,** National Aeronautics and Space Administration Authorization Act of 1988 860 **Speed Limit:** Continuing appropriations, fiscal year 1988 1329 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Sports.** *See* Recreation. **“Stars and Stripes Forever, The”,** designation as national march 1286 **State and Local Government Cost Estimate Act of 1981** 784 **State and Local Governments:** Abandoned mine reclamation trust fund 300 Agricultural Credit Act of 1987 1568 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Child abuse and neglect assistance, eligibility waivers, extension 751 Commodity Distribution Reform Act and WIC Amendments of 1987 1733 Competitive Equality Banking Act of 1987 552 Criminal Fine Improvements Act of 1987 1279 Defense Technical Corrections Act of 1987 273 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 840 El Malpais National Monument and Conservation Area, NM, establishment 1539 Federal Triangle Development Act 735 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Masau Trail, AZ, designation 1539 Medicare and Medicaid Patient and Program Protection Act of 1987 680 National Appliance Energy Conservation Act of 1987 103 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Notice to Lessees Numbered 5 Gas Royalty Act of 1987 1719 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Rural Crisis Recovery Program Act of 1987 1456 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 A37 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **State Department Basic Authorities Act of 1956,** amendments 1339, 1341–1343, 1356, 1357, 1360, 1366 **Statue of Liberty National Monument,** NJ and NY, prohibiting entrance fees 371 **Sterilization:** Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Stevenson-Wydler Technology Innovation Act of 1980,** amendments 725 **Stewart B. McKinney Homeless Assistance Act** 482 **Stewart B. McKinney Homeless Assistance Act,** amendments 1950 **Stewart B. McKinney National Wildlife Refuge Designation Act of 1987** 306 **Stocks.** *See* Securities. **Stones River National Battlefield,** TN, boundary revision 1433 **Strategic and Critical Materials Stock Pile Act,** amendments 1245–1247 **Strategic Defense Initiative.** *See *Defense and National Security. **Students.** *See* Education. **Sugar,** Omnibus Budget Reconciliation Act of 1987 1330 **Sunflowers,** Farm Disaster Assistance Act of 1987 318 **Superfund Amendments and Reauthorization Act of 1986,** amendments 1329–198 **Supplemental Appropriations Act, 1973,** amendments 815 **Supplemental Appropriations Act, 1979,** amendments 1329–294 **Supplemental Appropriations Act, 1985,** amendments l329–112, 1329–294, 1681 **Supplemental Appropriations Act, 1987** 391 **Supplemental Appropriations Act, 1987,** amendments 793 **Supplemental Appropriations and Rescission Act, 1981,** amendments 819 **Surface Mining Control and Reclamation Act of 1977,** amendments 300, 416 **Surface Transportation Assistance Act of 1982,** amendments 170, 171, 218, 220, 238, 240, 241 **Surface Transportation and Uniform Relocation Assistance Act of 1987** 132 **Surface Transportation and Uniform Relocation Assistance Act of 1987,** amendments 1329–383, 1329–385—1329–390 **T** **Taiwan,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Tariff Act of 1930,** amendments 1330–380 **Tax Equity and Fiscal Responsibility Act of 1982,** amendments 1330–155 **Tax Reform Act of 1986,** amendments 1330–59, 1330–379 **Taxes:** Agricultural Credit Act of 1987 1568 Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Alaska Native Claims Settlement Act Amendments of 1987 1788 Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Competitive Equality Banking Act of 1987 552 Federal Triangle Development Act 735 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Oconto and Marinette Counties, WI, land conveyance 804 Omnibus Budget Reconciliation Act of 1987 1330 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Teachers.** *See* Education. **Television.** *See* Communications and Telecommunications. **Temporary Emergency Food Assistance Act of 1983,** amendments 536–538 **Tennessee:** De Soto National Trail Study Act of 1987 1287 Omnibus Budget Reconciliation Act of 1987 1330 Stones River National Battlefield, boundary revision 1433 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 A38 **Territories, U.S.** *See specific territory.* **Terrorism:** Anti-Terrorism Act of 1987 1406 Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Supplemental Appropriations Act, 1987 391 **Texas:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Big Bend National Park, boundary revision 1328 De Soto National Trail Study Act of 1987 1287 Dr. Hector Perez Garcia Post Office Building, designation 1766 Knipling-Bushland Research Laboratory, designation 1439 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act 666 **Thailand:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 King Bhumibol Adulyadej, sixtieth birthday 1311 **Thomas P. O’Neill, Jr., Federal Building,** MA, designation 375 **Thrift Industry Recovery Act** 604 **Thrift Savings Fund Investment Act of 1987** 315 **Tibet,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Timber.** *See* Forests and Forest Products. **Timeshares,** Omnibus Budget Reconciliation Act of 1987 1330 **Tiwa Indian Tribe, Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act** 666 **Tiwa Indians Act,** repeal 668 **Tobacco and Tobacco Products:** Omnibus Budget Reconciliation Act of 1987 1330 Seminole Indian Land Claims Settlement Act of 1987 1556 **Tohono O’odham Tat Momolikot Dam Settlement Act,** amendments 1329–111 **Tom Bevill Lock and Dam, AL,** designation 1329 **Tom Bevill Resource Management and Visitor Center at Aliceville Lake on the Tennessee-Tombigbee Waterway,** AL, designation 1329 **Trade.** *See* Commerce and Trade. **Trade Act of 1974,** amendments 1330–382, 1398 **Trademarks.** *See* Patents and Trademarks. **Trail of Tears National Historic Trail,** designation 1309 **Trailers.** *See* Transportation. **Training.** *See* Education. **Transportation:** Airport and Airway Safety and Capacity Expansion Act of 1987 1486 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Senate personnel and office expense accounts, combining accounts 814 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Trucks.** *See* Transportation. **Trust Indenture Act of 1939,** amendments 1260 **Trust Territory of the Pacific Islands,** Stewart B. McKinney Homeless Assistance Act 482 **Tulalip Tribes,** National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Turkey,** continuing appropriations, fiscal year 1988 1329 **U** **U.N.** *See* United Nations. **Uniform Cotton Classing Fees Act of 1987** 728 **Uniform Relocation Act Amendments of 1987,** amendments 246 **Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,** amendments 246–256 **Uniformed Services:** *See also* Armed Forces. Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 1778 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 **Uniformed Services Pay Act of 1981,** amendments 1176 A39 **Union of Soviet Socialist Republics:** Arms Control and Disarmament Amendments Act of 1987 1444 Emigration rights 1484 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Intelligence Authorization Act, Fiscal Year 1988 1009 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **United Nations:** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 General Assembly Resolution 3379 (XXX), congressional efforts to overturn 913 **United States Commission on Improving the Effectiveness of the United Nations,** establishment 1331 **United States Court of Appeals,** agency orders, multiple appeals 1731 **United States Housing Act of 1937,** amendments 1329–189, 1820–1826, 1828–1830, 1834–1839, 1842, 1849–1865, 1867, 1890, 1891 **United States-India Fund for Cultural, Educational, and Scientific Cooperation Act,** amendments 1379 **United States Information and Educational Exchange Act of 1948,** amendments 1372–1374, 1376, 1381 **United States Institute of Peace Act,** amendments 363 **United States-Japan Fishery Agreement Approval Act of 1987** 1458 **Universities.** *See* Schools and Colleges. **Urban Areas:** Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service Amendments of 1987 986 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 Water Quality Act of 1987 7 **Urban Mass Transportation Act of 1964,** amendments 223–230, 232–235, 237 **Urgent Relief for the Homeless Supplemental Appropriations Act of 1987** 466 **Utah,** National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 **Utilities:** Electric powerplants and industrial fuel use 310 Housing and Community Development Act of 1987 1815 Idaho Power Company, environmental study 1450 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **V** **Vaccine Compensation Amendments of 1987** 1330–221 **Vaccines.** *See* Immunization. **Vending Machines,** Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Vermont,** Water Quality Act of 1987 7 **Vessels.** *See* Maritime Affairs; Individual Index. **Veterans:** Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Community-based psychiatric residential treatment 92 Higher Education Technical Amendments Act of 1987 335 Housing and Community Development Act of 1987 1815 Korean War Veterans Memorial 1329, 1563 New GI Bill Continuation Act 331 Older Americans Act Amendments of 1987 926 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 **Veterans’ Administration,** housing loan fees and vendee loans, extensions 813 **Veterans’ Compensation Cost-of-Living Adjustment Act of 1987** 1552 **Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987** 1315 **Veterans’ Job Training Act,** amendments 538, 1555 **Vietnam,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **Virgin Islands:** Competitive Equality Banking Act of 1987 552 Housing and Community Development Act of 1987 1815 Omnibus Budget Reconciliation Act of 1987 1330 Stewart B. McKinney Homeless Assistance Act 482 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 A40 **Virginia:** Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 182 **Voluntarism:** Older Americans Act Amendments of 1987 926 United States-Japan Fishery Agreement Approval Act of 1987 1458 **W** **Wages:** Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 754 Continuing appropriations, fiscal year 1988 1329 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 Independent Counsel Reauthorization Act of 1987 1293 Library of Congress police, rank and pay structures 811 Military Retirement Reform Act of 1986, technical corrections 1536 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 Public Health Service physicians comparability allowance and psychologists special pay 830 Tucson, AZ, wage area. Federal employees pay retention provisions 330 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 1552 **Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987** 704 **Warren E. Burger Federal Building and United States Courthouse, MN,** designation 479 **Washington:** Competitive Equality Banking Act of 1987 552 Indian Law Technical Amendments of 1987 886 Kenneth G. Ward Border Station, designation 376 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 North Cascades National Park, dedication to Henry M. Jackson 551 Supplemental Appropriations Act, 1987 391 Water Quality Act of 1987 7 **Washington, DC.** *See* District of Columbia. **Waste Disposal:** Nuclear Waste Policy Amendments Act of 1987 1330–227 Omnibus Budget Reconciliation Act of 1987 1330 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Water:** *See also* Dams; Rivers and Harbors. El Malpais National Monument and Conservation Area, NM, establishment 1539 Housing and Community Development Act of 1987 1815 Idaho Power Company, environmental study 1450 Omnibus Budget Reconciliation Act of 1987 1330 Seminole Indian Land Claims Settlement Act of 1987 1556 Supplemental Appropriations Act, 1987 391 United States-Japan Fishery Agreement Approval Act of 1987 1458 **Water Quality Act of 1987** 7 **Water Resources Development Act of 1974,** amendment 402 **Water Resources Development Act of 1986,** amendments 730, 1329–111, 1329–112 **Weapons.** *See* Arms and Munitions. **West Bank,** Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 **West Virginia:** Cranberry Wilderness Area, boundary modification 1329 Supplemental Appropriations Act, 1987 391 Surface Transportation and Uniform Relocation Assistance Act of 1987 132 **Wheat:** Farm Disaster Assistance Act of 1987 318 Omnibus Budget Reconciliation Act of 1987 1330 **White Earth Reservation Land Settlement Act of 1985,** amendments 887, 1443 **White House Conference for a Drug Free America,** travel expenses for participants 820 **Wilbur J. Cohen Federal Building,** DC, designation 715 **Wild and Scenic Rivers Act,** amendments 299, 879–881, 924 A41 **Wilderness Areas.** *See* National Wilderness Preservation System. **Wildlife:** El Malpais National Monument and Conservation Area, NM, establishment 1539 Idaho Power Company, environmental protection agreement 1450 National Fish and Wildlife Foundation, property acquisition and management 1785 Water Quality Act of 1987 7 **Wildlife Refuges.** *See* National Wildlife Refuge System. **Wisconsin:** Land conveyance 804 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 United States-Japan Fishery Agreement Approval Act of 1987 1458 Water Quality Act of 1987 7 **Women:** *See also* Minorities. Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 1331 National Defense Authorization Act for Fiscal Years 1988 and 1989 1019 Omnibus Budget Reconciliation Act of 1987 1330 **Wool,** Omnibus Budget Reconciliation Act of 1987 1330 **Wyoming,** Omnibus Budget Reconciliation Act of 1987 1330 **Y** **Young Astronaut Program Medal Act,** amendments 1441 **Youth.** *See* Children and Youth. **Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act** 666 **Yucca Mountain,** Omnibus Budget Reconciliation Act of 1987 1330 **Z** **Zionism,** United Nations General Assembly Resolution 3379 (XXX), congressional efforts to overturn 913 B1 INDIVIDUAL INDEX **A** Note: Page references are to pages where names actually appear within laws. Page **Adulyadej, King Bhumibol** 1311 **Alexandrovich, Tatyana** 1485 **Avelar, Alfredo Zavala** 1397 **B** **Balovlenkov, Yuri** 1484 **Barnhart, Ray A.** 1482 **Ben-Gurion, David** 2031 **Bi Shuyun** 1406 **Boorstin, Daniel J.** 549 **Brady, Nancy L.** 1974 **C** **Callahan, Kil Joon Yu** 1973 **Che Shaoli** 1405 **Chiang Ching-Kuo** 1426 **Christensen, Gerald** 1976 **Chu Pei Yun** 1975 **Chu Sun Yun** 1975 **Cohen, Wilbur J.** 369 **Conner, Dennis** 91, 2074 **Contreras, Manuel** 1329–180 **Cortez, Victor, Jr.** 1397 **D** **Dalai Lama, The** 1422 **De Soto, Hernando** 1287 **E** **Espinoza, Pedro** 1329–180 **F** **Faermark, Victor** 1484 **F/V Creole** 1973 **G** **Gorbachev, Mikhail** 1414 **Grigorishin, Yeugeni** 1485 **Grotberg, Elizabeth J.** 424 **H** **Hammer, Michael** 1329–165 **Heng Samrin** 1405 **J** **Jackson, Henry M.** 551 **K** **Kaplan, Elena** 1484 **Kostin, Vladislav** 1485 **Kurillo, Lyubov** 1485 **L** **Larios, Armando Fernandez** 1329–180 **Lasker, Mary** 1441 **Letelier, Orlando** 1329–179 **Li Xiannian** 1423 **M** **Magnuson, Warren G.** 1329–442 **McKinney, Lucie C.** 1329–295 **Michelson, Galina Goltzman** 1484 **Moffitt, Ronni Karpen** 1329–179 **N** **Noriega, Manuel** 1177, 1330–271 **Norodom Sihanouk** 1424 **Novikow, Victor** 1484 **O** **O’Leary, Paul** 706 **P** **Pakenas, Pyatras** 1485 **Pearlman, Mark** 1329–165 **Perkins, Edward J.** 1416 **Petrov, Sergei** 1485 **Pol Pot** 1424 **Q** **Quintana, Carmen Gloria** 1329–179 **R** **Rojas de Negri, Rodrigo** 1329–179 **S** **Salazar, Enrique Camarena** 1397 **Sampeck, Susan A.** 1975 **Scheiba, Lenoid** 1484 **Smith, Margaret Chase** 1329–443 **Smith, Samantha** 1378 **Sousa, John Philip** 1286 **Stars and Stripes** 91, 2074 **Suzuki, Seigo** 1142 **T** **Temes, Joy** 424 **U** **Ulloa, Guerrero Alfonso** 1413 **U.S.S. Blenny** 1455 **U.S.S. STARK** 2136 **V Vas, Jose Maria** 1975 **Viera, Jose Rodolfo** 1329–165 B2 **Y** **Yang Jue** 1406 **Yang Wei** 1405 **Ying-Yu Lin, Helen** 1976 **Yung-Ching Chu** 1975 **Z** **Zhao Ziyang** 1423 **Zhu Bei Yun** 1975 3 **UNITED STATES** **STATUTES AT LARGE** CONTAINING THE LAWS AND CONCURRENT RESOLUTIONS ENACTED DURING THE FIRST SESSION OF THE ONE-HUNDREDTH CONGRESS OF THE UNITED STATES OF AMERICA **1987** AND RECOMMENDATIONS OF THE PRESIDENT AND PROCLAMATIONS **Volume 101** IN THREE PARTS Part 3 PUBLIC LAWS 100–204 THROUGH 100–242 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1989 PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ARCHIVIST OF THE UNITED STATES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION “The United States Statutes at Large shall be legal evidence of laws, concurrent resolutions, . . . proclamations by the President and proposed or ratified amendments to the Constitution of the United States therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.” (1 USC 112). For sale by the Superintendent of Documents U.S. Government Printing Office, Washington, DC 20402 (3-part set; sold in sets only) CONTENTS Page PART 1 List of Bills Enacted Into Public Law v List of Public Laws vii List of Recommendations of the President xvii List of Bills Enacted Into Private Law xix List of Private Laws xxi List of Concurrent Resolutions xxiii List of Proclamations xxv Public Laws (100–1 Through 100–179) 3 Subject Index A1 Individual Index B1 PART 2 List of Bills Enacted Into Public Law v List of Public Laws vii List of Recommendations of the President xvii List of Bills Enacted Into Private Law xix List of Private Laws xxi List of Concurrent Resolutions xxiii List of Proclamations xxv Public Laws (100–180 Through 100–203) 1019 Subject Index A1 Individual Index B1 PART 3 List of Bills Enacted Into Public Law v List of Public Laws vii List of Recommendations of the President xvii List of Bills Enacted Into Private Law xix List of Private Laws xxi List of Concurrent Resolutions xxiii List of Proclamations xxv Public Laws (100–204 Through 100–242) 1331 Recommendations of the President 1967 Private Laws 1973 Concurrent Resolutions 1979 Proclamations 2019 Subject Index A1 Individual Index B1 v LIST OF BILLS ENACTED INTO PUBLIC LAW THE ONE-HUNDREDTH CONGRESS OF THE UNITED STATES FIRST SESSION, 1987 *BILL* *PUBLIC LAW* H.R. 1 100–4 H.R. 2 100–17 H.R. 14 100–33 H.R. 27 100–86 H.R. 145 100–235 H.R. 148 100–184 H.R. 191 100–63 H.R. 240 100–35 H.R. 242 100–130 H.R. 278 100–241 H.R. 307 100–156 H.R. 317 100–149 H.R. 318 100–89 H.R. 348 100–90 H.R. 390 100–210 H.R. 403 100–225 H.R. 436 100–74 H.R. 519 100–216 H.R. 558 100–77 H.R. 614 100–160 H.R. 626 100–65 H.R. 797 100–132 H.R. 799 100–150 H.R. 812 100–107 H.R. 921 100–91 H.R. 1056 100–14 H.R. 1085 100–48 H.R. 1123 100–28 H.R. 1157 100–45 H.R. 1162 100–236 H.R. 1163 100–121 H.R. 1205 100–133 H.R. 1340 100–237 H.R. 1366 100–157 H.R. 1403 100–92 H.R. 1444 100–93 H.R. 1451 100–175 H.R. 1454 100–230 H.R. 1505 100–20 H.R. 1567 100–139 H.R. 1744 100–127 H.R. 1748 100–180 H.R. 1777 100–204 H.R. 1783 100–26 H.R. 1827 100–71 H.R. 1846 100–50 H.R. 1941 100–42 H.R. 1947 100–53 H.R. 1963 100–34 H.R. 1994 100–205 H.R. 2035 100–134 H.R. 2100 100–60 H.R. 2112 100–178 H.R. 2121 100–211 H.R. 2166 100–72 H.R. 2243 100–59 H.R. 2249 100–135 H.R. 2309 100–94 H.R. 2310 100–223 H.R. 2325 100–201 H.R. 2360 100–40 H.R. 2401 100–231 H.R. 2416 100–206 H.R. 2480 100–66 H.R. 2583 100–226 H.R. 2598 100–239 H.R. 2639 100–212 H.R. 2672 100–198 H.R. 2689 100–213 H.R. 2741 100–141 H.R. 2782 100–147 H.R. 2855 100–95 H.R. 2893 100–151 H.R. 2937 100–153 H.R. 2939 100–191 H.R. 2945 100–227 H.R. 2971 100–108 H.R. 2974 100–224 H.R. 3022 100–80 H.R. 3030 100–233 H.R. 3085 100–109 H.R. 3190 100–84 H.R. 3226 100–138 H.R. 3289 100–217 H.R. 3325 100–152 H.R. 3395 100–238 H.R. 3427 100–218 H.R. 3428 100–167 H.R. 3435 100–232 H.R. 3457 100–173 H.R. 3479 100–234 H.R. 3483 100–185 H.R. 3492 100–219 H.R. 3545 100–203 H.R. 3674 100–220 H.R. 3700 100–207 H.R. 3712 100–208 H.R. 3734 100–221 H.J. Res. 3 100–7 H.J. Res. 17 100–57 H.J. Res. 53 100–8 H.J. Res. 67 100–39 H.J. Res. 88 100–1 H.J. Res. 93 100–2 H.J. Res. 97 100–164 H.J. Res. 102 100–6 H.J. Res. 106 100–56 H.J. Res. 119 100–27 H.J. Res. 122 100–76 H.J. Res. 130 100–165 H.J. Res. 131 100–5 H.J. Res. 134 100–114 H.J. Res. 153 100–11 H.J. Res. 178 100–58 H.J. Res. 181 100–67 H.J. Res. 199 100–195 H.J. Res. 200 100–25 H.J. Res. 216 100–96 H.J. Res. 224 100–116 H.J. Res. 234 100–142 H.J. Res. 255 100–214 H.J. Res. 270 100–46vi H.J. Res. 280 100–51 H.J. Res. 283 100–54 H.J. Res. 284 100–61 H.J. Res. 290 100–44 H.J. Res. 309 100–158 H.J. Res. 313 100–88 H.J. Res. 324 100–119 H.J. Res. 335 100–110 H.J. Res. 338 100–131 H.J. Res. 355 100–125 H.J. Res. 362 100–120 H.J. Res. 368 100–161 H.J. Res. 376 100–209 H.J. Res. 394 100–162 H.J. Res. 395 100–202 H.J. Res. 404 100–179 H.J. Res. 412 100–194 H.J. Res. 425 100–193 H.J. Res. 426 100–199 H.J. Res. 427 100–200 H.J. Res. 430 100–222 H.J. Res. 431 100–197 H.J. Res. 436 100–229 S. 83 100–12 S. 247 100–174 S. 442 100–159 S. 578 100–192 S. 626 100–55 S. 632 100–18 S. 649 100–196 S. 769 100–97 S. 825 100–242 S. 860 100–186 S. 903 100–41 S. 942 100–47 S. 958 100–85 S. 1020 100–83 S. 1158 100–177 S. 1167 100–38 S. 1177 100–43 S. 1297 100–187 S. 1371 100–98 S. 1389 100–240 S. 1417 100–146 S. 1452 100–181 S. 1532 100–123 S. 1550 100–113 S. 1574 100–137 S. 1577 100–99 S. 1591 100–111 S. 1596 100–117 S. 1597 100–100 S. 1628 100–148 S. 1642 100–215 S. 1666 100–140 S. 1684 100–228 S. 1691 100–136 S. 1822 100–182 S.J. Res. 5 100–52 S.J. Res. 15 100–68 S.J. Res. 18 100–22 S.J. Res. 19 100–15 S.J. Res. 20 100–9 S.J. Res. 22 100–115 S.J. Res. 24 100–3 S.J. Res. 35 100–190 S.J. Res. 44 100–101 S.J. Res. 46 100–10 S.J. Res. 47 100–21 S.J. Res. 49 100–102 S.J. Res. 51 100–69 S.J. Res. 53 100–171 S.J. Res. 55 100–36 S.J. Res. 57 100–31 S.J. Res. 58 100–29 S.J. Res. 63 100–16 S.J. Res. 64 100–23 S.J. Res. 65 100–13 S.J. Res. 66 100–166 S.J. Res. 67 100–32 S.J. Res. 70 100–49 S.J. Res. 72 100–128 S.J. Res. 74 100–24 S.J. Res. 75 100–70 S.J. Res. 76 100–81 S.J. Res. 84 100–124 S.J. Res. 85 100–75 S.J. Res. 86 100–62 S.J. Res. 87 100–103 S.J. Res. 88 100–78 S.J. Res. 89 100–30 S.J. Res. 96 100–19 S.J. Res. 97 100–172 S.J. Res. 98 100–176 S.J. Res. 105 100–183 S.J. Res. 108 100–104 S.J. Res. 109 100–105 S.J. Res. 110 100–129 S.J. Res. 117 100–64 S.J. Res. 121 100–87 S.J. Res. 124 100–37 S.J. Res. 135 100–118 S.J. Res. 136 100–188 S.J. Res. 138 100–73 S.J. Res. 142 100–126 S.J. Res. 146 100–189 S.J. Res. 151 100–82 S.J. Res. 154 100–163 S.J. Res. 157 100–106 S.J. Res. 160 100–79 S.J. Res. 163 100–143 S.J. Res. 168 100–144 S.J. Res. 171 100–155 S.J. Res. 174 100–168 S.J. Res. 175 100–112 S.J. Res. 191 100–122 S.J. Res. 198 100–145 S.J. Res. 205 100–169 S.J. Res. 209 100–154 S.J. Res. 220 100–170 vii LIST OF PUBLIC LAWS CONTAINED IN THIS VOLUME *PUBLIC LAW* *DATE* *PAGE* 100–1 Extending the time within which the President may transmit the Economic Report to the Congress Jan. 28, 1987 3 100–2 To provide for a temporary prohibition of strikes or lockouts with respect to the Long Island Rail Road labor-management dispute Jan. 28, 1987 4 100–3 To designate January 28, 1987, as “National Challenger Center Day” to honor the crew of the space shuttle Challenger Jan. 28, 1987 6 100–4 Water Quality Act of 1987 Feb. 4, 1987 7 100–5 Congratulating Dennis Conner and the crew of Stars and Stripes for their achievement in winning the America’s Cup Feb. 11, 1987 91 100–6 Making emergency additional funds available by transfer for the fiscal year ending September 30, 1987, for the Emergency Food and Shelter Program of the Federal Emergency Management Agency Feb. 12, 1987 92 100–7 To recognize the 100th anniversary of the enactment of the Hatch Act of March 2, 1887, and its role in establishing our Nation’s system of State agricultural experiment stations Mar. 5, 1987 96 100–8 To designate the week beginning March 1, 1987, as “Federal Employees Recognition Week” Mar. 6, 1987 98 100–9 To designate the month of March, 1987, as “Women’s History Month” Mar. 12, 1987 99 100–10 Declaring 1987 as “Arizona Diamond Jubilee Year” Mar. 12, 1987 100 100–11 To provide for timely issuance of grants and loans by the Environmental Protection Agency under the Asbestos School Hazard Abatement Act of 1985 to ensure that eligible local educational agencies can complete asbestos abatement work in school buildings during the 1987 summer school recess Mar. 17, 1987 102 100–12 National Appliance Energy Conservation Act of 1987 Mar. 17, 1987 103 100–13 To designate the week of April 5, 1987, through April 11, 1987, as “National Know Your Cholesterol Week” Mar. 20, 1987 127 100–14 To amend the National Housing Act to limit the fees that may be charged by the Government National Mortgage Association for the guaranty of mortgage-backed securities Mar. 24, 1987 128 100–15 To designate March 20, 1987 as “National Energy Education Day” Mar. 25, 1987 129 100–16 To designate March 21, 1987, as Afghanistan Day Mar. 27, 1987 130 100–17 Surface Transportation and Uniform Relocation Assistance Act of 1987 Apr. 2, 1987 132 100–18 To amend the Legislative Branch Appropriations Act, 1979, as reenacted, to extend the duration of the Office of Classified National Security Information within the Office of the Secretary of the Senate, and for other purposes Apr. 3, 1987 262viii 100–19 Designating April 3, 1987, as “Interstate Commerce Commission Day” Apr. 3, 1987 263 100–20 Making technical corrections relating to the Federal Employees’ Retirement System Apr. 7, 1987 265 100–21 To designate “National Former POW Recognition Day” Apr. 8, 1987 266 100–22 To authorize and request the President to issue a proclamation designating June 1 through June 7, 1987 as “National Fishing Week” Apr. 10, 1987 267 100–23 To designate May 1987, as “Older Americans Month” Apr. 10, 1987 268 100–24 To designate the month of May, 1987 as “National Cancer Institute Month” Apr. 10, 1987 269 100–25 To designate April 10, 1987, as “Education Day U.S.A.” Apr. 17, 1987 271 100–26 Defense Technical Corrections Act of 1987 Apr. 21, 1987 273 100–27 Designating the week of April 19, 1987, through April 25, 1987, as “National Minority Cancer Awareness Week” Apr. 21, 1987 290 100–28 To amend the Food Security Act of 1985 to extend the date for submitting the report required by the National Commission on Dairy Policy Apr. 24, 1987 291 100–29 To designate the month of April 1987, as “National Child Abuse Prevention Month” Apr. 29, 1987 293 100–30 To authorize and request the President to issue a proclamation designating April 26, through May 2, 1987, as “National Organ and Tissue Donor Awareness Week” Apr. 29, 1987 295 100–31 To designate the period commencing on May 3, 1987, and ending on May 10, 1987, as “National Older Americans Abuse Prevention Week” May 5, 1987 296 100–32 To designate the month of May 1987 as “National Digestive Diseases Awareness Month” May 5, 1987 297 100–33 To designate certain river segments in New Jersey as study rivers for potential inclusion in the national wild and scenic river system May 7, 1987 299 100–34 To amend the Surface Mining Control and Reclamation Act of 1977 to permit States to set aside in a special trust fund up to 10 per centum of the annual State funds from the Abandoned Mine Land Reclamation Fund for expenditure in the future for purposes of abandoned mine reclamation, and for other purposes May 7, 1987 300 100–35 To amend the National Trails System Act to designate the Santa Fe Trail as a National Historic Trail May 8, 1987 302 100–36 Designating the week of May 10, 1987, through May 16, 1987, as “National Osteoporosis Prevention Week of 1987” May 12, 1987 303 100–37 Designating May 10, 1987, through May 16, 1987, as “Just Say No to Drugs Week” May 12, 1987 305 100–38 Stewart B. McKinney National Wildlife Refuge Designation Act of 1987 May 13, 1987 306 100–39 To authorize and request the President to issue a proclamation designating May 3 through May 10, 1987, as “Jewish Heritage Week” May 14, 1987 307 100–40 To provide for a temporary increase in the public debt limit May 15, 1987 308 100–41 To extend certain protections under title 11 of the United States Code, the Bankruptcy Code May 15, 1987 309 100–42 To repeal and amend certain sections of the Powerplant and Industrial Fuel Use Act of 1978 May 21, 1987 310 100–43 Thrift Savings Fund Investment Act of 1987 May 22, 1987 315 100–44 Designating May 25, 1987, as “National Day of Mourning for the Victims of the U.S.S. Stark” May 23, 1987 317 100–45 Farm Disaster Assistance Act of 1987 May 27, 1987 318 100–46 To recognize the one hundred and twenty-fifth anniversary of the United States Department of Agriculture May 29, 1987 328ix 100–47 To amend title 5, United States Code, to extend the pay retention provisions of such title to certain prevailing rate employees in the Tucson wage area whose basic pay would otherwise be subject to reduction pursuant to a wage survey May 29, 1987 330 100–48 New GI Bill Continuation Act June 1, 1987 331 100–49 Commemorating the fortieth anniversary of the Marshall plan June 1, 1987 333 100–50 Higher Education Technical Amendments Act of 1987 June 3, 1987 335 100–51 To observe the 300th Commencement exercise at the Ohio State University on June 12, 1987 June 16, 1987 364 100–52 Designating June 14, 1987, as “Baltic Freedom Day” June 16, 1987 365 100–53 Magistrates’ Retirement Parity Act of 1987 June 18, 1987 367 100–54 Recognizing the service and contributions of the Honorable Wilbur J. Cohen June 18, 1987 369 100–55 To prohibit the imposition of an entrance fee at the Statue of Liberty National Monument, and for other purposes June 19, 1987 371 100–56 To designate June 19, 1987, as “American Gospel Arts Day” June 23, 1987 372 100–57 To designate the third week in June 1987 as “National Dairy Goat Awareness Week” June 25, 1987 373 100–58 Designating June 25, 1987, as “National Catfish Day” June 25, 1987 374 100–59 To designate the Federal Building located at 10 Causeway Street, Boston, Massachusetts, as the “Thomas P O’Neill, Jr., Federal Building” June 29, 1987 375 100–60 To designate the border station at 9931 Guide Meridian Road, Lynden, Washington, as the “Kenneth G. Ward Border Station” June 29, 1987 376 100–61 Designating the week beginning June 21, 1987, as “National Outward Bound Week” June 29, 1987 377 100–62 To designate October 28, 1987, as “National Immigrants Day” June 29, 1987 378 100–63 To authorize the establishment of a Peace Garden on a site to be selected by the Secretary of the Interior June 30, 1987 379 100–64 Designating July 2, 1987, as “National Literacy Day” July 6, 1987 381 100–65 To provide for the conveyance of certain public lands in Cherokee, De Kalb, and Etowah Counties Alabama, and for other purposes July 10, 1987 383 100–66 To extend temporarily the governing international fishery agreement between the United States and the Republic of Korea, and for other purposes July 10, 1987 384 100–67 Commemorating the bicentennial of the Northwest Ordinance of 1787 July 10, 1987 386 100–68 Designating the month of November 1987 as “National Alzheimer’s Disease Month” July 10, 1987 388 100–69 To designate the period commencing on July 27, 1987, and ending on August 2, 1987, as “National Czech American Heritage Week” July 10, 1987 389 100–70 To designate the week of August 2, 1987, through August 8, 1987, as “National Podiatric Medicine Week” July 10, 1987 390 100–71 Supplemental Appropriations Act, 1987 July 11, 1987 391 100–72 To amend the Small Business Act and the Small Business Investment Act of 1958 July 11, 1987 477 100–73 To designate the period commencing on July 13, 1987, and ending on July 26, 1987, as “U.S. Olympic Festival-’87 Celebration”, and to designate July 17, 1987, as “U.S. Olympic Festival-’87 Day” July 15, 1987 478x 100–74 To designate the Federal Building and United States Courthouse at 316 North Robert Street, St Paul, Minnesota, as the “Warren E. Burger Federal Building and United States Courthouse” July 17, 1987 479 100–75 To designate the period commencing on August 2, 1987, and ending on August 8, 1987, as “International Special Olympics Week”, and to designate August 3, 1987, as “International Special Olympics Day” July 20, 1987 480 100–76 To designate the week beginning July 16, 1987, as “Snow White Week” July 21, 1987 481 100–77 Stewart B. McKinney Homeless Assistance Act July 22, 1987 482 100–78 To designate the period commencing November 15, 1987, and ending November 21, 1987, as “Geography Awareness Week” July 24, 1987 539 100–79 To designate July 25, 1987 as “Clean Water Day” July 28, 1987 541 100–80 To provide for a temporary extension of the public debt limit July 30, 1987 542 100–81 To designate the week of October 4, 1987, through October 10, 1987, as “Mental Illness Awareness Week” July 31, 1987 543 100–82 To designate August 1, 1987, as “Helsinki Human Rights Day” Aug. 4, 1987 545 100–83 To confer the honorary status of Librarian of Congress Emeritus on Daniel J. Boorstin Aug. 4, 1987 549 100–84 To provide for a temporary increase in the public debt limit Aug. 10, 1987 550 100–85 To dedicate the North Cascades National Park to Senator Henry M. Jackson Aug. 10, 1987 551 100–86 Competitive Equality Banking Act of 1987 Aug. 10, 1987 552 100–87 Designating August 11, 1987, as “National Neighborhood Crime Watch Day” Aug. 11, 1987 664 100–88 Designating the month of August 1987 as “National Child Support Enforcement Month” Aug. 13, 1987 665 100–89 Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act Aug. 18, 1987 666 100–90 To amend title 39, United States Code, to extend to certain officers and employees of the United States Postal Service the same procedural and appeal rights with respect to certain adverse personnel actions as are afforded under title 5, United States Code, to Federal employees in the competitive service Aug. 18, 1987 673 100–91 To require the Secretary of the Interior to conduct a study to determine the appropriate minimum altitude for aircraft flying over national park system units Aug. 18, 1987 674 100–92 To designate the United States Post Office Building located in St Charles, Illinois, as the “John E. Grotberg Post Office Building” Aug. 18, 1987 679 100–93 Medicare and Medicaid Patient and Program Protection Act of 1987 Aug. 18, 1987 680 100–94 To amend the Christopher Columbus Quincentenary Jubilee Act Aug. 18, 1987 700 100–95 Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987 Aug. 18, 1987 704 100–96 To support a ceasefire in the Iran-Iraq war and a negotiated solution to the conflict Aug. 18, 1987 711 100–97 Excellence in Minority Health Education and Care Act Aug. 18, 1987 713 100–98 To designate the Federal building located at 330 Independence Avenue, SW, Washington, District of Columia, as the “Wilbur J. Cohen Federal Building” Aug. 18, 1987 715 100–99 To extend certain protections under title 11 of the United States Code, the Bankruptcy Code Aug. 18, 1987 716xi 100–100 To amend the Farm Disaster Assistance Act of 1987 to extend the reporting date for the ethanol cost effectiveness study Aug. 18, 1987 717 100–101 To designate November 1987, as “National Diabetes Month” Aug. 18, 1987 718 100–102 To designate September 18, 1987, as “National POW/MIA Recognition Day” Aug. 18, 1987 719 100–103 To designate November 17, 1987, as “National Community Education Day” Aug. 18, 1987 720 100–104 To designate October 6, 1987, as “German-American Day” Aug. 18, 1987 721 100–105 To designate the week beginning October 4, 1987, as “National School Yearbook Week” Aug. 18, 1987 722 100–106 To designate the month of October 1987, as “Lupus Awareness Month” Aug. 18, 1987 723 100–107 Malcolm Baldrige National Quality Improvement Act of 1987 Aug. 20, 1987 724 100–108 Uniform Cotton Classing Fees Act of 1987 Aug. 20, 1987 728 100–109 To amend the Water Resources Development Act of 1986 Aug. 20, 1987 730 100–110 Designating the week of September 13 through September 19, 1987, as “National Reye’s Syndrome Awareness Week” Aug. 20, 1987 731 100–111 To temporarily restrict the ability to document foreign-built fish processing vessels under the laws of the United States Aug. 20, 1987 733 100–112 To recognize the efforts of the United States Soccer Federation in bringing the World Cup to the United States in 1994 Aug. 20, 1987 734 100–113 Federal Triangle Development Act Aug. 21, 1987 735 100–114 Designating the week of September 20, 1987, through September 26, 1987, as “Emergency Medical Services Week” Sept. 23, 1987 748 100–115 To designate the period commencing September 21, 1987, and ending on September 27, 1987, as “National Historically Black Colleges Week” Sept. 24, 1987 749 100–116 Designating the week of October 18, 1987, through October 24, 1987, as “Benign Essential Blepharospasm Awareness Week” Sept. 28, 1987 750 100–117 To extend the period for waivers of State eligibility requirements to enable certain States to qualify for child abuse and neglect assistance Sept. 28, 1987 751 100–118 To designate October 1987 as “Polish American Heritage Month” Sept. 28, 1987 752 100–119 Increasing the statutory limit on the public debt Sept. 29, 1987 754 100–120 Making continuing appropriations for the fiscal year 1988, and for other purposes Sept. 30, 1987 789 100–121 To amend section 902(e) of the Federal Aviation Act of 1958 to revise criminal penalties relating to certain aviation reports and records offenses Sept. 30, 1987 792 100–122 To provide for the extension of certain programs relating to housing and community development, and for other purposes Sept. 30, 1987 793 100–123 Relating to the payment for telecommunications equipment and certain services furnished by the Sergeant at Arms and Doorkeeper of the Senate Oct. 5, 1987 794 100–124 To designate October 1987 as “National Down Syndrome Month” Oct. 5, 1987 796 100–125 Designating September 27, 1987, as “Gold Star Mothers Day” Oct. 8, 1987 797xii 100–126 To designate the day of October 1, 1987, as “National Medical Research Day” Oct. 8, 1987 798 100–127 To amend the National Historic Preservation Act to extend the authorization for the Historic Preservation Fund Oct. 9, 1987 800 100–128 To designate the week of October 11, 1987, through October 17, 1987, as “National Job Skills Week” Oct. 14, 1987 801 100–129 To designate October 16, 1987, as “World Food Day” Oct. 14, 1987 802 100–130 To provide for the conveyance of certain public lands in Oconto and Marinette Counties, Wisconsin Oct. 15, 1987 804 100–131 Designating October 15, 1987, as “National Safety Belt Use Day Oct. 15, 1987 806 100–132 To authorize the donation of certain non-Federal lands to Gettysburg National Military Park and to require a study and report on the final development of the park Oct. 16, 1987 807 100–133 To direct the Secretary of Agriculture to release a reversionary interest of the United States in certain land located in Putnam County, Florida, and to direct the Secretary of the Interior to convey certain mineral interests of the United States in such land to the State of Florida Oct. 16, 1987 808 100–134 To amend the Act establishing Lowell National Historical Park, and for other purposes Oct. 16, 1987 810 100–135 To change the title of employees designated by the Librarian of Congress for police duty and to make the rank structure and pay for such employees the same as the rank structure and pay for the Capitol Police Oct. 16, 1987 811 100–136 To provide interim extensions of collection of the Veterans’ Administration housing loan fee and of the formula for determining whether, upon foreclosure, the Veterans’ Administration shall acquire the property securing a guaranteed loan, and for other purposes Oct. 16, 1987 813 100–137 To combine the Senators’ Clerk Hire Allowance Account and the Senators’ Official Office Expense Account into a combined single account to be known as the “Senators’ Official Personnel and Office Expense Account”, and for other purposes Oct. 21, 1987 814 100–138 To amend the Anti-Drug Abuse Act of 1986 to permit certain participants in the White House Conference for a Drug Free America to be allowed travel expenses, and for other purposes Oct. 23, 1987 820 100–139 Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987 Oct. 26, 1987 822 100–140 To amend title 5, United States Code, to provide for the extension of physicians comparability allowances and to amend title 37, United States Code, to provide for special pay for psychologists in the commissioned corps of the Public Health Service Oct. 26, 1987 830 100–141 1988 Olympic Commemorative Coin Act Oct. 28, 1987 832 100–142 To designate the month of November in 1987 as “National Hospice Month” Oct. 28, 1987 835 100–143 To designate the month of November 1987, as “National Family Bread Baking Month” Oct. 28, 1987 836 100–144 Designating the week beginning October 25, 1987, as “National Adult Immunization Awareness Week” Oct. 28, 1987 837 100–145 To designate the week beginning on November 2, 1987, and ending on November 8, 1987, as “National Tourette Syndrome Awareness Week” Oct. 28, 1987 839 100–146 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 Oct. 29, 1987 840 100–147 National Aeronautics and Space Administration Authorization Act of 1988 Oct. 30, 1987 860xiii 100–148 To extend the Aviation Insurance Program for five years Oct. 30, 1987 878 100–149 To amend the Wild and Scenic Rivers Act by designating a segment of the Merced River in California as a component of the National Wild and Scenic Rivers System Nov. 2, 1987 879 100–150 To designate a segment of the Kings River in California as a wild and scenic river, and for other purposes Nov. 3, 1987 881 100–151 To reauthorize the Fishermen’s Protective Act Nov. 3, 1987 884 100–152 To designate the segment of Corridor V in the State of Alabama as the Robert E.
(Bob)Jones, Jr. Highway Nov. 3, 1987 885 100–153 Indian Law Technical Amendments of 1987 Nov. 5, 1987 886 100–154 To provide for the extension of certain programs relating to housing and community development, and for other purposes Nov. 5, 1987 890 100–155 Designating the week beginning November 8, 1987, as “National Women Veterans Recognition Week” Nov. 6, 1987 891 100–156 To designate the Federal Building and United States Post Office located at 315 West Allegan Street in Lansing, Michigan, as the “Charles E. Chamberlain Federal Building and United States Post Office” Nov. 9, 1987 893 100–157 To provide for the transfer of certain lands in the State of Arizona, and for other purposes Nov. 9, 1987 894 100–158 Providing support for the Civic Achievement Award Program in Honor of the Office of Speaker of the House of Representatives Nov. 9, 1987 896 100–159 To amend chapter 9 of title 17, United States Code, regarding protection extended to semiconductor chip products of foreign entities Nov. 9, 1987 899 100–160 To designate the new United States courthouse in Birmingham, Alabama, as the “Hugo L. Black United States Courthouse” Nov. 10, 1987 901 100–161 Designating the week of November 8 through November 14, 1987, as “National Food Bank Week” Nov. 10, 1987 902 100–162 Making further continuing appropriations for the fiscal year 1988, and for other purposes Nov. 10, 1987 903 100–163 To designate the period commencing on November 15, 1987, and ending on November 22, 1987, as “National Arts Week” Nov. 12, 1987 904 100–164 To recognize the Disabled American Veterans Vietnam Veterans National Memorial as a memorial of national significance Nov. 13, 1987 905 100–165 To designate the week beginning November 22, 1987, as “National Family Caregivers Week” Nov. 13, 1987 907 100–166 To designate the week of November 22, 1987, through November 28, 1987, as “National Family Week” Nov. 13, 1987 909 100–167 To provide for the distribution within the United States of the film entitled “America The Way I See It” Nov. 17, 1987 910 100–168 Designating the week beginning November 15, 1987, as “African American Education Week” Nov. 17, 1987 911 100–169 Expressing the sense of the Congress that United Nations General Assembly Resolution 3379
(XXX)should be overturned, and for other purposes Nov. 17, 1987 913 100–170 To provide for the extension of certain programs relating to housing and community development, and for other purposes Nov. 17, 1987 914 100–171 To designate the period commencing November 22, 1987, and ending November 28, 1987, as “American Indian Week” Nov. 19, 1987 915 100–172 To designate the week beginning November 22, 1987, as “National Adoption Week” Nov. 19, 1987 916 100–173 Poultry Producers Financial Protection Act of 1987 Nov. 23, 1987 917xiv 100–174 To designate the Kern River as a national wild and scenic river Nov. 24, 1987 924 100–175 Older Americans Act Amendments of 1987 Nov. 29, 1987 926 100–176 To designate the week of November 29, 1987, through December 5, 1987, as “National Home Health Care Week” Nov. 30, 1987 985 100–177 Public Health Service Amendments of 1987 Dec. 1, 1987 986 100–178 Intelligence Authorization Act, Fiscal Year 1988 Dec. 2, 1987 1009 100–179 To provide for the temporary extension of certain programs relating to housing and community development, and for other purposes Dec. 3, 1987 1018 100–180 National Defense Authorization Act for Fiscal Years 1988 and 1989 Dec. 4, 1987 1019 100–181 Securities and Exchange Commission Authorization Act of 1987 Dec. 4, 1987 1249 100–182 Sentencing Act of 1987 Dec. 7, 1987 1266 100–183 To designate December 7, 1987, as “National Pearl Harbor Remembrance Day” on the occasion of the anniversary of the attack on Pearl Harbor Dec. 7, 1987 1273 100–184 Michigan Wilderness Act of 1987 Dec. 8, 1987 1274 100–185 Criminal Fine Improvements Act of 1987 Dec. 11, 1987 1279 100–186 To designate “The Stars and Stripes Forever” as the national march of the United States of America Dec. 11, 1987 1286 100–187 De Soto National Trail Study Act of 1987 Dec. 11, 1987 1287 100–188 To designate the week of December 13, 1987, through December 19, 1987, as “National Drunk and Drugged Driving Awareness Week” Dec. 11, 1987 1289 100–189 Designating January 8, 1988, as “National Skiing Day” Dec. 11, 1987 1291 100–190 Relating to the commemoration of January 28, 1988, as a “National Day of Excellence” Dec. 14, 1987 1292 100–191 Independent Counsel Reauthorization Act of 1987 Dec. 15, 1987 1293 100–192 To amend the National Trails System Act to designate the Trail of Tears as a National Historic Trail Dec. 16, 1987 1309 100–193 Making further continuing appropriations for the fiscal year ending September 30, 1988, and for other purposes Dec. 16, 1987 1310 100–194 To congratulate King Bhumibol Adulyadei of Thailand on his sixtieth birthday on December 5, 1987 Dec. 17, 1987 1311 100–195 Designating April 1988 as “Actors’ Fund of America Appreciation Month” Dec. 18, 1987 1312 100–196 To amend the Reclamation Authorization Act of 1976 (90 Stat 1324, 1327) Dec. 18, 1987 1313 100–197 Making further continuing appropriations for the fiscal year ending September 30, 1988, and for other purposes Dec. 20, 1987 1314 100–198 Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987 Dec. 21, 1987 1315 100–199 Authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988 Dec. 21, 1987 1326 100–200 To provide for the temporary extension of certain programs relating to housing and community development, and for other purposes Dec. 21, 1987 1327 100–201 To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas Dec. 22, 1987 1328 100–202 Making further continuing appropriations for the fiscal year 1988, and for other purposes Dec. 22, 1987 1329 100–203 Omnibus Budget Reconciliation Act of 1987 Dec. 22, 1987 1330 100–204 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 Dec. 22, 1987 1331xv 100–205 To amend the boundaries of Stones River National Battiefield, Tennessee, and for other purposes Dec. 23, 1987 1433 100–206 To establish the Jimmy Carter National Historic Site and Preservation District in the State of Georgia, and for other purposes Dec. 23, 1987 1434 100–207 To designate the Federal building located at 600 West Madison, Chicago, Illinois, as the “Harold Washington Social Security Center” Dec. 23, 1987 1438 100–208 To designate the United States Livestock Insects Laboratory in Kerrville, Texas, as the “Knipling-Bushland Research Laboratory” Dec. 23, 1987 1439 100–209 To designate the Clarks Hill Dam, Reservoir, and Highway transversing the Dam on the Savannah River, Georgia and South Carolina, as the J. Strom Thurmond Dam, Reservoir, and Highway Dec. 23, 1987 1440 100–210 To provide that a special gold medal be presented to Mary Lasker for her humanitarian contributions in the areas of medical research and education, urban beautification and the fine arts, and for other purposes Dec. 24, 1987 1441 100–211 To authorize and direct the National Park Service to assist the State of Georgia in relocating a highway affecting the Chickamauga and Chattanooga National Military Park in Georgia Dec. 24, 1987 1442 100–212 To repeal the Brown-Stevens Act concerning certain Indian tribes in the State of Nebraska Dec. 24, 1987 1443 100–213 Arms Control and Disarmament Amendments Act of 1987 Dec. 24, 1987 1444 100–214 Designating the third week in May 1988 as “National Tourism Week” Dec. 24, 1987 1448 100–215 To designate the United States Post Office at 600 Franklin Avenue in Garden City, New York, as the “John W. Wydler United States Post Office” Dec. 24, 1987 1449 100–216 To direct the Federal Energy Regulatory Commission to issue an order with respect to Docket No EL–85–38–000 Dec. 29, 1987 1450 100–217 To amend the Export-Import Bank Act of 1945 Dec. 29, 1987 1454 100–218 To allow the obsolete submarine United States ship Blenny to be transferred to the State of Maryland before the expiration of the otherwise applicable 60-day congressional review period Dec. 29, 1987 1455 100–219 Rural Crisis Recovery Program Act of 1987 Dec. 29, 1987 1456 100–220 United States-Japan Fishery Agreement Approval Act of 1987 Dec. 29, 1987 1458 100–221 To recognize the significance of the administration of the Federal-Aid Highway System and to express appreciation to Ray A. Barnhart for his dedicated efforts in improving the Federal-Aid Highway System Dec. 29, 1987 1482 100–222 Calling upon the Soviet Union to immediately grant permission to emigrate to all those who wish to join spouses or fiances in the United States Dec. 29, 1987 1484 100–223 Airport and Airway Safety and Capacity Expansion Act Dec. 30, 1987 1486 100–224 To amend title 10, United States Code, to make technical corrections in provisions of law enacted by the Military Retirement Reform Act of 1986 Dec. 30, 1987 1536 100–225 To establish the El Malpais National Monument and the El Malpais National Conservation Area in the State of New Mexico, to authorize the Masau Trail, and for other purposes Dec. 31, 1987 1539 100–226 To authorize additional appropriations for the San Francisco Bay National Wildlife Refuge Dec. 31, 1987 1550xvi 100–227 Veterans’ Compensation Cost-of-Living Adjustment Act of 1987 Dec. 31, 1987 1552 100–228 Seminole Indian Land Claims Settlement Act of 1987 Dec. 31, 1987 1556 100–229 Providing for the convening of the second session of the One Hundredth Congress Jan. 2, 1988 1562 100–230 To permit certain private contributions for construction of the Korean War Veterans Memorial to be invested temporarily in Government securities until such contributed amounts are required for disbursement for the memorial Jan. 5, 1988 1563 100–231 Renewable Resources Extension Act Amendments of 1987 Jan. 5, 1988 1565 100–232 Charitable Assistance and Food Bank Act of 1987 Jan. 5, 1988 1566 100–233 Agricultural Credit Act of 1987 Jan. 6, 1988 1568 100–234 Notice to Lessees Numbered 5 Gas Royalty Act of 1987 Jan. 6, 1988 1719 100–235 Computer Security Act of 1987 „ Jan. 8, 1988 1724 100–236 To amend title 28, United States Code, to provide for the selection of the court of appeals to decide multiple appeals filed with respect to the same agency order Jan. 8, 1988 1731 100–237 Commodity Distribution Reform Act and WIC Amendments of 1987 Jan. 8, 1988 1733 100–238 Making technical corrections relating to the Federal Employees’ Retirement System, and for other purposes Jan. 8, 1988 1744 100–239 Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 Jan. 11, 1988 1778 100–240 To amend the National Fish and Wildlife Foundation Establishment Act with respect to management requisition, and disposition of real property, reauthorization, and participation of foreign governments Jan. 11, 1988 1785 100–241 Alaska Native Claims Settlement Act Amendments of 1987 Feb. 3, 1988 1788 100–242 Housing and Community Development Act of 1987 Feb. 5, 1988 1815 xvii RECOMMENDATIONS OF THE PRESIDENT CONTAINED IN THIS VOLUME *DATE* *PAGE* Recommendations for Executive, Legislative, and Judicial Salaries Jan. 5, 1987 1967 xix LIST OF BILLS ENACTED INTO PRIVATE LAW THE ONE-HUNDREDTH CONGRESS OF THE UNITED STATES FIRST SESSION, 1987 *BILL* *PRIVATE LAW* H.R. 1191 100–4 H.R. 1390 100–5 H.R. 1863 100–7 H.R. 3295 100–3 H.R. 3319 100–6 xxi LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME *PRIVATE LAW* *DATE* *PAGE* 100–1 To authorize a certificate of documentation for the vessel F/V CREOLE Aug. 10, 1987 1973 100–2 For the relief of Kil Joon Yu Callahan Nov. 19, 1987 1973 100–3 For the relief of Nancy L. Brady Nov. 23, 1987 1974 100–4 For the relief of Jose Maria Vas Dec. 22, 1987 1975 100–5 For the relief of Chu Pei Yun (Zhu Bei Yun) Dec. 22, 1987 1975 100–6 For the relief of Susan A. Sampeck Dec. 22, 1987 1975 100–7 For the relief of Helen Ying-Yu Lin Dec. 23, 1987 1976 xxiii LIST OF CONCURRENT RESOLUTIONS CONTAINED IN THIS VOLUME *CONCURRENT RESOLUTION* *DATE* *PAGE* S. Con. Res. 1 Adjournment—Senate and House of Representatives Jan. 6, 1987 1979 H. Con. Res. 1 Joint session Jan. 12, 1987 1979 H. Con. Res. 24 Enrollment correction—H.R. 1 Jan. 21, 1987 1979 S. Con. Res. 12 Joint Committee of Congress on the Library—Designation of member Jan. 28, 1987 1980 H. Con. Res. 36 Adjournment—House of Representatives and Senate Feb. 4, 1987 1980 S. Con. Res. 18 “United States Senator Robert C. Byrd’s Addresses on the History of the United States Senate: Bicentennial Edition”—Senate print Feb. 25, 1987 1981 H. Con. Res. 46 Hadassah—Seventy-fifth anniversary commemoration Feb. 26, 1987 1981 H. Con. Res. 49 Days of remembrance of victims of the Holocaust—Capitol rotunda ceremony Mar. 20, 1987 1982 H. Con. Res. 77 Enrollment corrections—H.R. 2 Mar. 20, 1987 1983 H. Con. Res. 86 Berlin—Seven hundred and fiftieth anniversary commemoration Apr. 9, 1987 1983 H. Con. Res. 103 Adjournment—House of Representatives and Senate Apr. 9, 1987 1984 S. Con. Res. 52 Ducks Unlimited, Incorporated—Fiftieth anniversary commemoration May 8, 1987 1984 H. Con. Res. 91 Gallaudet University—1987 Special Olympics Torch Relay May 12, 1987 1985 H. Con. Res. 127 Adjournment—House of Representatives and Senate May 21, 1987 1985 H. Con. Res. 93 Federal budget—Fiscal years 1988-1990 June 24, 1987 1986 H. Con. Res. 131 Constitution bicentennial and Great Compromise of the Constitutional Convention commemoration— Special ceremony June 26, 1987 2004 S. Con. Res. 53 “Developments in Aging” report—Senate reprint June 30, 1987 2004 H. Con. Res. 150 Enrollment corrections—H.R. 558 July 1, 1987 2005 H. Con. Res. 154 Adjournment—House of Representatives and Senate July 1, 1987 2005 H. Con. Res. 155 Enrollment corrections—H.R. 1827 July 1, 1987 2005 H. Con. Res. 156 Adjournment—House of Representatives July 15, 1987 2006 H. Con. Res. 170 Adjournment provisions—House of Representatives and Senate July 31, 1987 2006 H. Con. Res. 125 “The Constitution of the United States of America” 2006 pamphlet—House print Aug. 5, 1987 2006 H. Con. Res. 151 Developing countries—Agricultural markets Aug. 7, 1987 2007 H. Con. Res. 161 “Celebration of Citizenship”—Constitution bicentennial ceremony Aug. 7, 1987 2008 H. Con. Res. 175 Adjournment—House of Representatives and Senate Aug. 7, 1987 2008 S. Con. Res. 64 “Guide to Records of the United States Senate at the National Archives, 1789–1989: Bicentennial Edition”—Senate print Oct. 22, 1987 2009 S. Con. Res. 38 Colorado—International Association of Fire Fighters Fallen Fire Fighter Memorial Nov. 3, 1987 2009 H. Con. Res. 68 Soviet-American families—Soviet visitation restrictions Nov. 4, 1987 2010xxiv H. Con. Res. 140 “Guide to Research Collections of Former Members of the United States House of Representatives, 1789–1987”—House print Nov. 4, 1987 2011 H. Con. Res. 177 “Guide to Records of the United States House of Representatives at the National Archives, 1789-1989: Bicentennial Edition”—House print Nov. 4, 1987 2011 H. Con. Res. 195 Military aid to Nicaragua and Iran—Joint report Nov. 10, 1987 2012 H. Con. Res. 215 Adjournment—House of Representatives Nov. 10, 1987 2012 H. Con. Res. 220 Adjournment—House of Representatives and Senate Nov. 20, 1987 2013 H. Con. Res. 57 Jazz—Designation as an American national treasure Dec. 4, 1987 2013 H. Con. Res. 97 School children—Physical education programs Dec. 12, 1987 2014 S. Con. Res. 92 Declaration of Independence, United States Constitution, and Federalist Papers—Secondary school requirements Dec. 21, 1987 2014 H. Con. Res. 235 Adjournment—House of Representatives and Senate Dec. 22, 1987 2015 xxv LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME *PROCLAMATION* *DATE* *PAGE* 5555 National Hungarian Freedom Fighters Day, 1986 Oct. 20, 1986 2019 5556 National Women Veterans Recognition Week, 1986 Oct. 20, 1986 2020 5557 A Time of Remembrance for Victims of Terrorism Oct. 22, 1986 2021 5558 United Nations Day, 1986 Oct. 22, 1986 2022 5559 National Kidney Program Day, 1986 Oct. 23, 1986 2023 5560 National Housing Week, 1986 Oct. 25, 1986 2024 5561 National Adult Immunization Awareness Week, 1986 Oct. 25, 1986 2024 5562 Crack/Cocaine Awareness Month, 1986 Oct. 31, 1986 2025 5563 National Child Identification and Safety Information Day, 1986 Oct. 31, 1986 2026 5564 Placing Into Full Force and Effect the Covenant With the Commonwealth of the Northern Mariana Islands, and the Compacts of Free Association With the Federated States of Micronesia and the Republic of the Marshall Islands Nov. 3, 1986 2027 5565 National Alzheimer’s Disease Month, 1986 Nov. 5, 1986 2030 5566 Centennial of the Birth of David BenGurion Nov. 7, 1986 2031 5567 National Hospice Month, 1986 Nov. 7, 1986 2032 5568 National Arts Week, 1986 Nov. 7, 1986 2033 5569 Salute to School Volunteers Day, 1986 Nov. 12, 1986 2033 5570 National Adoption Week, 1986 Nov. 13, 1986 2034 5571 National Philanthropy Day, 1986 Nov. 14, 1986 2035 5572 National Diabetes Month, 1986 Nov. 17, 1986 2036 5573 National Community Education Day, 1986 Nov. 18, 1986 2037 5574 The National Floral Emblem of the United States of America, the Rose Nov. 20, 1986 2038 5575 National Home Care Week, 1986 Nov. 20, 1986 2039 5576 National Family Week, 1986 Nov. 21, 1986 2040 5577 American Indian Week, 1986 Nov. 24, 1986 2041 5578 National Family Caregivers Week, 1986 Nov. 24, 1986 2042 5579 National Farm-City Week, 1986 Nov. 26, 1986 2043 5580 National Aplastic Anemia Awareness Week, 1986 Dec. 2, 1986 2044 5581 National Epidermolysis Bullosa Awareness Week, 1986 Dec. 2, 1986 2045 5582 National Pearl Harbor Remembrance Day, 1986 Dec. 2, 1986 2046 5583 National SEEK and College Discovery Day, 1986 Dec. 2, 1986 2047 5584 Year of the Reader, 1987 Dec. 3, 1986 2048 5585 Walt Disney Recognition Day, 1986 Dec. 5, 1986 2049 5586 National Alopecia Areata Awareness Week, 1986 Dec. 8, 1986 2050 5587 Made in America Month, 1986 Dec. 8, 1986 2051 5588 Wright Brothers Day, 1986 Dec. 8, 1986 2052 5589 Human Rights Day, Bill of Rights Day, and Human Rights Week, 1986 Dec. 10, 1986 2053 5590 United Way Centennial, 1887-1987 Dec. 10, 1986 2054xxvi 5591 National Drunk and Drugged Driving Awareness Week, 1986 Dec. 15, 1986 2055 5592 National Burn Awareness Week, 1987 Dec. 18, 1986 2056 5593 National Year of the Teacher—National Teacher Appreciation Day Dec. 22, 1986 2057 5594 National Day of Prayer, 1987 Dec. 22, 1986 2058 5595 Imposition of Temporary Surcharge on Imports of Certain Softwood Lumber Products From Canada Dec. 30, 1986 2060 5596 National Bowling Week, 1987 Jan. 7, 1987 2061 5597 Martin Luther King, Jr., Day, 1987 Jan. 9, 1987 2062 5598 Shays’ Rebellion Week and Day, 1987 Jan. 13, 1987 2063 5599 National Sanctity of Human Life Day, 1987 Jan. 16, 1987 2065 5600 National Safe Boating Week, 1987 Jan. 20, 1987 2066 5601 Imposition of Increased Tariffs on Imports of Certain Artides Jan. 21, 1987 2067 5602 National Day of Excellence, 1987 Jan. 26, 1987 2069 5603 National Challenger Center Day, 1987 Jan. 28, 1987 2070 5604 American Heart Month, 1987 Jan. 28, 1987 2071 5605 National Poison Prevention Week, 1987 Feb. 2, 1987 2072 5606 National Women in Sports Day, 1987 Feb. 3, 1987 2073 5607 Congratulating *Stars and Stripes* on Its Victory in the America’s Cup Feb. 9, 1987 2074 5608 National Year of Thanksgiving, 1987 Feb. 12, 1987 2075 5609 American Red Cross Month, 1987 Feb. 17, 1987 2077 5610 Restoration of the Application of Column 1 Rates of Duty of the Tariff Schedules of the United States to the Products of Poland Feb. 19, 1987 2078 5611 National Consumers Week, 1987 Feb. 19, 1987 2079 5612 Save Your Vision Week, 1987 Feb. 25, 1987 2080 5613 National Developmental Disabilities Awareness Month, 1987 Feb. 26, 1987 2082 5614 Hatch Act Centennial, 1987 Mar. 2, 1987 2083 5615 National Year of the Americas, 1987 Mar. 3, 1987 2084 5616 Federal Employees Recognition Week, 1987 Mar. 6, 1987 2085 5617 Amending the Generalized System of Preferences Mar. 6, 1987 2086 5618 To Amend the Quantitative Limitations on Imports of Certain Cheeses Mar. 16, 1987 2088 5619 Women’s History Month, 1987 Mar. 16, 1987 2089 5620 Freedom of Information Day, 1987 Mar. 16, 1987 2090 5621 Afghanistan Day, 1987 Mar. 20, 1987 2091 5622 National Energy Education Day, 1987 Mar. 20, 1987 2093 5623 Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 1987 Mar. 24, 1987 2094 5624 Interstate Commerce Commission Day, 1987 Apr. 3, 1987 2095 5625 Know Your Cholesterol Week, 1987 Apr. 6, 1987 2095 5626 National Former POW Recognition Day, 1987 Apr. 8, 1987 2096 5627 Small Business Week, 1987 Apr. 8, 1987 2097 5628 Education Day, U.S.A., 1987 Apr. 9, 1987 2098 5629 Pan American Day and Pan American Week, 1987 Apr. 9, 1987 2099 5630 Arizona Diamond Jubilee Year, 1987 Apr. 10, 1987 2100 5631 Increase in the Rates of Duty for Certain Articles From Japan Apr. 17, 1987 2101 5632 National Minority Cancer Awareness Week, 1987 Apr. 19, 1987 2103 5633 Cancer Control Month, 1987 Apr. 21, 1987 2104 5634 Law Day, U.S.A., 1987 Apr. 21, 1987 2105 5635 Older Americans Month, 1987 Apr. 21, 1987 2106xxvii 5636 National Defense Transportation Day and National Transportation Week, 1987 Apr. 23, 1987 2107 5637 Seventy-fifth Anniversary Year of the Department of Labor Apr. 23, 1987 2108 5638 Victims of Crime Week, 1987 Apr. 24, 1987 2110 5639 National Volunteer Week, 1987: Our Constitutional Heritage Apr. 26, 1987 2111 5640 National Cancer Institute Month, 1987 Apr. 28, 1987 2112 5641 Mother’s Day, 1987 Apr. 28, 1987 2113 5642 Father’s Day 1987 Apr. 28, 1987 2114 5643 National Organ and Tissue Donor Awareness Week, 1987 Apr. 29, 1987 2115 5644 National Child Abuse Prevention Month, 1987 Apr. 30, 1987 2116 5645 Loyalty Day, 1987 May 1, 1987 2117 5646 To Modify Duty-Free Treatment Under the Generalized System of Preferences, the Caribbean Basin Economic Recovery Act, and the United States-Israel Free Trade Implementation Act, To Enable the Monitoring of Tex-tile Agreements and for Other Purposes May 4, 1987 2118 5647 Asian/Pacific American Heritage Week, 1987 May 4, 1987 2125 5648 National Maritime Day, 1987 May 4, 1987 2126 5649 National Correctional Officers Week, 1987 May 4, 1987 2127 5650 National Older Americans Abuse Prevention Week, 1987 May 5, 1987 2127 5651 National Digestive Diseases Awareness Month, 1987 May 8, 1987 2128 5652 Jewish Heritage Week, 1987 May 9, 1987 2129 5653 Just Say No to Drugs Week, 1987 May 12, 1987 2130 5654 National Osteoporosis Awareness Week, 1987 May 12, 1987 2131 5655 World Trade Week, 1987 May 15, 1987 2132 5656 National Fishing Week, 1987 May 15, 1987 2133 5657 Extending United States Copyright Protections to Works of the Republic of Singapore May 18, 1987 2134 5658 National Tourism Week, 1987 May 18, 1987 2135 5659 Death of American Servicemen on Board United States Ship STARK May 19, 1987 2136 5660 Amending the Generalized System of Preferences May 19, 1987 2136 5661 Prayer for Peace, Memorial Day, 1987 May 21, 1987 2146 5662 National Day of Mourning for the Victims of United States Ship STARK May 23, 1987 2147 5663 George C. Marshall Month, June 1987 June 1, 1987 2148 5664 Flag Day and National Flag Week, 1987 June 2, 1987 2149 5665 750th Anniversary of Berlin, 1987 June 8, 1987 2150 5666 300th Commencement Exercise at the Ohio State University June 10, 1987 2151 5667 Baltic Freedom Day, 1987 June 13, 1987 2152 5668 United States Department of Agriculture 125th Anniversary Year, 1987 June 15, 1987 2153 5669 National Dairy Goat Awareness Week, 1987 June 19, 1987 2154 5670 American Gospel Arts Day, 1987 June 19, 1987 2155 5671 National Farm Safety Week, 1987 June 19, 1987 2155 5672 National Catfish Day, 1987 June 25, 1987 2156 5673 National Outward Bound Week, 1987 June 26, 1987 2157 5674 United States-Canada Days of Peace and Friendship, 1987 July 1, 1987 2158 5675 National Literacy Day, 1987 July 2, 1987 2159 5676 Northwest Ordinance Bicentennial Day, 1987 July 8, 1987 2159 5677 National Podiatric Medicine Week, 1987 July 14, 1987 2161 5678 United States Olympic Festival – 1987 Celebration — United States Olympic Festival – 1987 Day July 15, 1987 2162xxviii 5679 Extension of Temporary Duty Increases and Quantitative Limitations on the Importation Into the United States of Certain Stainless Steel and Alloy Tool Steel July 16, 1987 2163 5680 Captive Nations Week, 1987 July 17, 1987 2167 5681 Fiftieth Anniversary of the Animated Feature Film, 1987 July 18, 1987 2168 5682 National Czech American Heritage Week, 1987 July 20, 1987 2169 5683 International Special Olympics Week and Day, 1987 July 20, 1987 2170 5684 Minority Enterprise Development Week, 1987 July 22, 1987 2171 5685 Clean Water Day, 1987 July 24, 1987 2172 5686 Helsinki Human Rights Day, 1987 July 31, 1987 2173 5687 Thanksgiving Day, 1987 July 28, 1987 2174 5688 Women’s Equality Day, 1987 Aug. 4, 1987 2175 5689 National Alzheimer’s Disease Month, 1987 Aug. 4, 1987 2176 5690 Amending the Generalized System of Preferences Aug. 7, 1987 2177 5691 National Civil Rights Day, 1987 Aug. 10, 1987 2178 5692 National Neighborhood Crime Watch Day, 1987 Aug. 10, 1987 2179 5693 National Child Support Enforcement Month, 1987 Aug. 13, 1987 2181 5694 Citizenship Day and Constitution Week, 1987 Aug. 13, 1987 2182 5695 National P.O.W./M.I.A. Recognition Day, 1987 Aug. 21, 1987 2183 5696 9-1-1 Emergency Number Day, 1987 Aug. 26, 1987 2184 5697 National Reye’s Syndrome Week, 1987 Sept. 8, 1987 2185 5698 Mental Illness Awareness Week, 1987 Sept. 8, 1987 2186 5699 National Diabetes Month, 1987 Sept. 8, 1987 2187 5700 Geography Awareness Week, 1987 Sept. 8, 1987 2188 5701 National Hispanic Heritage Week, 1987 Sept. 11, 1987 2189 5702 National Employ the Handicapped Week, 1987 Sept. 17, 1987 2190 5703 National School Yearbook Week, 1987 Sept. 17, 1987 2191 5704 National Year of Friendship With Finland, 1988 Sept. 17, 1987 2192 5705 Fire Prevention Week, 1987 Sept. 22, 1987 2192 5706 Emergency Medical Services Week, 1987 Sept. 23, 1987 2193 5707 Veterans Day, 1987 Sept. 23, 1987 2194 5708 National Historically Black Colleges Week, 1987 Sept. 24, 1987 2195 5709 AIDS Awareness and Prevention Month, 1987 Sept. 29, 1987 2196 5710 National Lupus Awareness Month, 1987 Sept. 29, 1987 2197 5711 Child Health Day, 1987 Sept. 29, 1987 2198 5712 Implementation of Agreement Concerning Certain Pasta Articles From the European Community Sept. 30, 1987 2199 5713 National Poison Prevention Week, 1988 Oct. 1, 1987 2201 5714 National Medical Research Day, 1987 Oct. 1, 1987 2202 5715 General Pulaski Memorial Day, 1987 Oct. 1, 1987 2203 5716 Columbus Day, 1987 Oct. 1, 1987 2204 5717 United Nations Day, 1987 Oct. 1, 1987 2205 5718 Implementation of an Orderly Marketing Agreement on Ammonium Paratungstate and Tungstic Acid Oct. 2, 1987 2206 5719 German-American Day, 1987 Oct. 2, 1987 2210 5720 Polish American Heritage Month, 1987 Oct. 5, 1987 2211 5721 Benign Essential Blepharospasm Awareness Week, 1987 Oct. 5, 1987 2212 5722 Leif Erikson Day, 1987 Oct. 5, 1987 2213 5723 National Down Syndrome Month, 1987 Oct. 8, 1987 2214 5724 National Job Skills Week, 1987 Oct. 8, 1987 2215 5725 National School Lunch Week, 1987 Oct. 8, 1987 2216 5726 National Farm-City Week, 1987 Oct. 8, 1987 2216 5727 Termination of Import Relief on Certain Heavyweight Motorcycles Oct. 9, 1987 2217 5728 World Food Day, 1987 Oct. 14, 1987 2219xxix 5729 National Safety Belt Use Day, 1987 Oct. 15, 1987 2220 5730 White Cane Safety Day, 1987 Oct. 15, 1987 2221 5731 National Forest Products Week, 1987 Oct. 16, 1987 2222 5732 National Immigrants Day, 1987 Oct. 16, 1987 2223 5733 National Adult Immunization Awareness Week, 1987 Oct. 28, 1987 2224 5734 National Hospice Month, 1987 Oct. 29, 1987 2224 5735 National Tourette Syndrome Awareness Week, 1987 Nov. 4, 1987 2225 5736 To Establish a Special Limited Global Import Quota for Upland Cotton Nov. 5, 1987 2226 5737 National Community Education Day, 1987 Nov. 5, 1987 2228 5738 National Women Veterans Recognition Week, 1987 Nov. 6, 1987 2229 5739 National Family Bread Baking Month, 1987 Nov. 6, 1987 2229 5740 National Food Bank Week, 1987 Nov. 10, 1987 2230 5741 National Arts Week, 1987 Nov. 12, 1987 2231 5742 Recognition of the Disabled American Veterans Vietnam Veterans National Memorial as a Memorial of National Significance Nov. 16, 1987 2232 5743 African American Education Week, 1987 Nov. 17, 1987 2233 5744 National Family Caregivers Week, 1987 Nov. 17, 1987 2234 5745 American Indian Week, 1987 Nov. 19, 1987 2235 5746 National Adoption Week, 1987 Nov. 19, 1987 2235 5747 National Family Week, 1987 Nov. 19, 1987 2237 5748 Law and Order in the State of Georgia Nov. 24, 1987 2238 5749 National Home Health Care Week, 1987 Nov. 30, 1987 2238 5750 Wright Brothers Day, 1987 Dec. 5, 1987 2239 5751 National Pearl Harbor Remembrance Day, 1987 Dec. 7, 1987 2240 5752 Human Rights Day, Bill of Rights Day, and Human Rights Week, 1987 Dec. 10, 1987 2241 5753 National Drunk and Drugged Driving Awareness Week, 1987 Dec. 11, 1987 2242 PUBLIC LAWS (CONTINUED) Public Law 100–204: To authorize appropriations for fiscal years 1988 and 1989 for the Department of State, the United States Information Agency, the Voice of America, the Board for International Broadcasting, and for other purposes. Public Law 204 Public Law 100–204 101 Stat. 1331 1987-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-06-16 100 public
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U.S. Code
- Additional boundary revision; acquisition of lands and interests§ 157d
- Establishment; boundaries§ 156
- Enforcing pay-as-you-go§ 902
- Advertisements not to be published without written authority§ 3702
- Administrative adjustment of claims§ 2672
- SHORT TITLE.§ 401
- Appropriations§ 2455
- Structure, functions, powers, and personnel§ 2171
- Working capital fund; establishment; amount; uses; reimbursement§ 1521
- Omitted§ 851
- Review of performance§ 1458
- Administrative grants§ 1455
- Fees§ 1113
- Patent fees; patent and trademark search systems§ 41
- Basic authority for performance of certain functions and activities of Department§ 1514
- Advances§ 3324
- Employment of experts and consultants; temporary or intermittent§ 3109
- Construction and improvement of buildings and facilities§ 278d
- Administration of financial assistance§ 2347
- Buying Power Maintenance accounts for International Trade Administration, Export Administration, and United States Travel and Tourism Administration§ 1531
- Applicability of provisions of this chapter§ 591
- Custodians of money§ 3302
- Staff and other employees§ 589
- Availability of appropriations§ 524
- Transfer of appropriations§ 250a
- Construction§ 114
- Investigative and other officials; appointment§ 533
- Transferred§ 5633
- Special agricultural workers§ 1160
- Claims of personnel of agencies and the District of Columbia government for personal property damage or loss§ 3721
- Printing and binding outside continental United States; settlement and payment of claims by foreign governments; employment of aliens; official functions and courtesies; purchase of uniforms; payment of tort claims; payment of assumed obligations in Germany; telecommunications services; security; special purpose passenger motor vehicles; pay obligations arising under international conventions or contracts; personal service contracts§ 2669
- Entertainment and representation expenses§ 4085
- Extraordinary protective services§ 4314
- Settlement of accounts§ 3526
- Central Bureau of the International Map of the World on the Millionth Scale; authorization of appropriations§ 269a
- COUNCIL.§ 5
- Authorization§ 4851
- Authorization of appropriations§ 1928b
- General authorization§ 1461
- Disposition of filing fees§ 1931
- Bankruptcy fees§ 1930
- Adjustments in certain salaries§ 461
- Special pay authority§ 5305
- Functions§ 356
- Salaries; character of service§ 153
- Congressional statement of purpose§ 2551
- Constitutional Law Resource Centers§ 4516
- Minimum wage§ 206
- Repealed. Pub. L. 104–7, § 2(a), Apr. 11, 1995, 109 Stat. 93]§ 1071
- Small business development center program authorization§ 648
- Congressional statement of purpose§ 2451
- Congressional declaration of objectives§ 1431
- Congressional findings and objectives§ 3901
- Quarters in Government owned or rented buildings; employees in foreign countries§ 5912
- Authorization of appropriations; payment of expenses§ 287e
- Authorization of activities§ 2452
- Issuance of visas§ 1201
- Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence§ 1255a
- Old-age and survivors insurance benefit payments§ 402
- Benefits in case of members of uniformed services§ 429
- Employment of non-citizens§ 1584
- Renumbered § 2918]§ 2690
- Secretary of Defense§ 113
- Humanitarian and civic assistance provided in conjunction with military operations§ 401
- Annual authorization of appropriations§ 114
- Authority to grant duty-free treatment§ 2701
- Authority to enter into contracts§ 8287
- Renumbered § 2922a]§ 2394
- Contracts for medical and dental care: State and local preemption§ 1103
- Limitations on personnel§ 194
- Control of arms exports and imports§ 2778
- Authority to transfer excess defense articles§ 2321j
- Omitted§ 3801
- Positions at level IV§ 5315
- Apportionment and reserves§ 1512
- Budget contents and submission to Congress§ 1105
- Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights§ 702c
- Adoption of 1927 project; execution; creation of board; scope of authority; appropriation§ 702a
- Establishment of Take Pride in America Program§ 4601
- Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation§ 576
- Upper Colorado River Basin Fund§ 620d
- Lower Colorado River Basin Development Fund§ 1543
- Congressional declaration of purpose and policy§ 1501
- Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements§ 618d
- General expenses of Bureau of Reclamation chargeable to general reclamation fund§ 377
- Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law§ 502
- Establishment of “reclamation fund”§ 391
- Receipts from project; disposition§ 618a
- Omitted§ 469
- Limitations on expending and obligating amounts§ 1341
- Limitation on use of funds where organizations or individuals are in arrears on contract charges§ 377a
- Supervision and direction§ 541
- Agency agreements§ 1535
- Definitions§ 10101
- Definition and application§ 1511
- Sale of electric power from reservoir projects; rate schedules; preference in sale; construction of transmission lines; disposition of moneys§ 825s
- Officers and employees; wages of laborers and mechanics; application of employees’ compensation provisions§ 831b
- Congressional findings and policies for multilateral development banks respecting environment, public health, natural resources, and indigenous peoples§ 262m
- Private and voluntary organizations and cooperatives in overseas development§ 2151u
- Availability of funds§ 2396
- Responsibility of Secretary of State§ 4802
- General provisions§ 2183
- Authority§ 2346
- Use of funds§ 2514
- Peace Corps employees§ 2506
- Use of foreign currencies§ 2516
- Activities promoting Americans’ understanding of other peoples§ 2517
- Stockpiling of defense articles for foreign countries§ 2321h
- Guaranties§ 2764
- Congressional statement of policy§ 1962
- Opposition by United States Executive Directors of international financial institutions to assistance for production or extraction of export commodities or minerals in surplus on world markets§ 262h
- Schedules of controlled substances§ 812
- Annual report to Congress on voting practices at United Nations§ 2414a
- President’s participation in international congresses restricted§ 262
- Harmonized Tariff Schedule§ 1202
- Designation of eligible articles§ 2463
- Leasing authority§ 2796
- Assistance to Pakistan§ 2375
- Eastern Mediterranean policy requirements§ 2373
- International agreements concerning debt relief; transmittal to congressional committees§ 2395a
- Congressional findings and declaration of policy§ 2151
- Implementation of Agreement§ 3602
- Administration of justice§ 2346c
- Sales from stocks§ 2761
- Beneficiary country§ 2702
- Definitions§ 1101
- Policy, general authorities, coordination, foreign police actions, definitions, and other provisions§ 2291
- Assistance to countries pursuant to other statutes§ 2398
- Declaration of policy and public housing agency organization§ 1437
- Supportive housing for the elderly§ 1701q
- Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128§ 1437o
- Low-income housing assistance§ 1437f
- Local housing assistance plan§ 1439
- Homeownership or membership in cooperative association for lower income families§ 1715z
- Public housing Capital and Operating Funds§ 1437g
- Functions§ 11313
- Congressional findings and declaration of purpose§ 5301
- General provisions§ 5302
- Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128§ 1452b
- Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128§ 1706e
- New technologies in the development of housing for lower income families§ 1701z
- National Flag Week§ 122
- Consumer Product Safety Commission§ 2053
- Resource Recovery and Conservation Panels§ 6913
- National estuary program§ 1330
- Federal assistance§ 6948
- Uses of Fund§ 9611
- Response action contractors§ 9619
- Standards§ 655
- Permit requirements§ 7503
- Congressional findings; priority goals§ 6601
- Congressional findings and declarations§ 5121
- Buying and leasing passenger motor vehicles and aircraft§ 1343
- Transportation to and from certain places of employment and on military installations§ 2632
- Congressional findings§ 7701
- Congressional findings§ 2201
- Short title§ 98
- Transferred§ 404
- Repealed. Pub. L. 103–325, title V, § 551(a), Sept. 23, 1994, 108 Stat. 2269§ 4103
- Congressional findings§ 1795
- Certain service deemed not to be active service§ 107
- NATIONAL ACADEMY OF MEDICINE ASSESSMENT ON RESEARCH RELATING TO THE DESCENDANTS OF INDIVIDUALS WITH TOXIC EXPOSURE.§ 632
- Repealed. Pub. L. 101–73, title VII, § 718, Aug. 9, 1989, 103 Stat. 422§ 1428a
- Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay§ 5703
- Financing Corporation§ 1441
- Consumer product safety standards§ 2056
- Congressional declaration of policy§ 1701
- Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights§ 315
- Congressional findings and declaration of policy§ 1901
- Forfeitures and deposits§ 1735
- Grazing leases and permits§ 1752
- Cooperation with States§ 1535
- Participation of local governments in revenue from areas administered by the United States Fish and Wildlife Service§ 715s
- Repealed. Pub. L. 104–333, div. I, title VIII, § 801, Nov. 12, 1996, 110 Stat. 4186§ 451
- Transferred or Omitted§ 470
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 470w
- Natchez Trace Parkway§ 460
- Establishment§ 410dd
- Lobbying with appropriated moneys§ 1913
- Director of United States Geological Survey§ 31
- Establishment and maintenance of program for exploration; financial assistance§ 641
- Survey’s share of cost of topographic mapping or water resources investigations carried on with States§ 50
- Payment of costs incidental to utilization of services of volunteers§ 50c
- Royalty terms and conditions, interest, and penalties§ 1721
- Leases, easements, and rights-of-way on the outer Continental Shelf§ 1337
- Penalties§ 1268
- Permit approval or denial§ 1260
- Transferred§ 452
- Transferred§ 450
- Establishment of Institute§ 4411
- Federal lands transportation program§ 203
- Expenditure of appropriations by Bureau§ 13
- Roads on Indian reservations; appropriation§ 318a
- Additional appropriations from tribal funds§ 123d
- Congressional declaration of policy§ 1451
- Islands of eastern Samoa§ 1661
- Omitted§ 1401f
- Auditing of transactions of territorial and local governments§ 1469b
- Auditing of transactions of Trust Territory of the Pacific Islands§ 1683
- Omitted§ 1682
- Advances of public moneys to Forest Service for fighting forest fires in emergency cases§ 556d
- Definitions and declaration of policy§ 101
- Expenditures from receipts for roads and trails; cooperation with State authorities; evaluation of receipts§ 501
- Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments§ 500
- Exchange of lands in national forests; public schools; deposit of funds by school authority with insufficient exchange land; limitations on use§ 484a
- Implementation of provisions§ 1643
- Employment of temporary personnel§ 2225
- Construction and repair of buildings and public improvements§ 2250
- Transferred§ 428a
- Purpose§ 558a
- Contracts for collection services§ 3718
- Federal facilities pollution control§ 1323
- Interchangeability of funds for miscellaneous expenses and general expenses§ 2257
- National forest timber utilization program§ 539d
- Congressional statement of findings§ 5901
- Clean coal technology projects; proposals, implementation, funding, etc.§ 5903d
- Identification and disbursement of restitutionary amounts§ 4502
- Definitions§ 4507
- Petroleum products for storage, transport, or exchange§ 6240
- Sanitation facilities§ 2004a
- Omitted§ 1681
- Private practice§ 254n
- Special pay: medical officers of the armed forces§ 302
- Repealed or Transferred. Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289§ 450g
- Civil actions or proceedings against commissioned officers or employees§ 233
- Indemnity limits§ 974
- National Capital arts and cultural affairs; grant programs§ 956a
- GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.§ 104
- Leasing of oil and gas parcels§ 226
- National Forest System land and resource management plans§ 1604
- Congressional findings§ 1600
- Acts affecting a personal financial interest§ 208
- Penalty mail§ 3202
- Congressional action on budgets of wholly owned Government corporations§ 9104
- Statistics§ 673
- Acceptance of contributions and prosecution of projects; cooperative programs to promote health and safety education and training; recognition and funding of Joseph A. Holmes Safety Association; use of funds for costs of mine rescue and survival operations§ 962
- National Hansen’s Disease Programs Center§ 247e
- Sexually transmitted diseases; prevention and control projects and programs§ 247c
- Maximum amount available from Federal sources§ 170a
- Computation of maximum amount available from Federal sources§ 168b
- Repealed. Pub. L. 98–621, § 10(a), Nov. 8, 1984, 98 Stat. 3379§ 191
- Medical care and treatment of quarantined and detained persons§ 249
- SHORT TITLE.§ 9701
- Procedure for payment of benefits§ 1383
- Pay and allowances§ 210
- Physicians comparability allowances§ 5948
- National Library of Medicine§ 286
- Federal Pell Grants: amount and determinations; applications§ 1070a
- Cost of inspections and of providing representatives§ 1749d
- Continuation of Gallaudet College as Gallaudet University§ 4301
- Annual report of president and directors§ 121
- Congressional findings and declaration of purpose§ 801
- Definitions§ 152
- Definitions§ 203
- Occupational Safety and Health Review Commission§ 661
- Congressional statement of findings and declaration of purpose and policy§ 651
- Definitions§ 802
- Transferred§ 61d
- Transferred§ 69a
- Establishment, etc., of Congressional Award Board§ 801
- Sale or lease of property, supplies, or services§ 605
- Congressional Research Service§ 166
- Congressional Record: Indexes§ 902
- Congressional Record: gratuitous copies; delivery§ 906
- Sale of copies of card indexes and other publications§ 150
- Copyright Office fees§ 708
- National library service for the blind and print disabled§ 135a
- Director of the Government Publishing Office: employees; pay§ 305
- Travel and related expenses§ 4081
- The baseline§ 907
- State, and so forth, taxation affecting Federal areas; sales or use tax§ 105
- Native land selections§ 1611
- Application of Federal, State, and local law to Federal facilities§ 6961
- Agriculture, Department of: report of Secretary§ 1301
- Operation, maintenance and purchase of aircraft by Agricultural Research Service; construction and repair of buildings§ 2254
- Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations§ 113a
- Establishment; site; acquisition of land§ 191
- Gifts, bequests, or devises for benefit of National Arboretum; separate fund in the Treasury§ 195
- Congressional findings§ 582a
- Transferred§ 450i
- Supplemental and alternative crops§ 3319d
- Congressional findings and declaration of policy§ 178
- Contract, grant, and cooperative agreement authorities§ 3318
- Grants and fellowships for food and agricultural sciences education§ 3152
- Partnerships to build capacity in international agricultural research, extension, and teaching§ 3292
- Omitted§ 129
- Transferred§ 426c
- International agricultural research, extension, and teaching§ 3291
- Appropriation to encourage exportation and domestic consumption of agricultural products§ 612c
- Authorization of appropriations; allotments to States§ 1623
- Price support§ 1421
- Findings, purpose, and policy§ 2101
- Authorization to construct, operate, and maintain salinity control units and salinity control programs§ 1592
- Emergency conservation program§ 2201
- SPECIALTY CROP BLOCK GRANTS.§ 101
- Funding§ 1516
- General powers§ 1506
- Creation and purpose of Corporation§ 714
- Definitions and application§ 3901
- General powers of Corporation§ 714b
- Program levels and authorizations§ 1483
- Mutual and self-help housing§ 1490c
- Transferred§ 488
- Appropriations§ 1988
- Full faith and credit§ 1928
- Development loan fund§ 9812
- Water and waste facility loans and grants§ 1926
- Financial assistance to provide low-rent housing for domestic farm labor§ 1486
- Assistance for rural entities§ 1932
- Congressional findings§ 1921
- Loan moratorium and policy on foreclosures§ 1981a
- Insured loans; interest rates and lending levels§ 935
- Erection of buildings and other structures on non-Federal lands; duration of use of such lands; removal of structures after termination of use; availability of funds for expenses of acquiring long-term leases or other agreements§ 2250a
- Purpose§ 590a
- Flood control generally§ 701
- Loans or advancements for financing local share of costs; repayment; interest; maximum amount§ 1006a
- Repealed. Pub. L. 104–127, title VII, § 746, Apr. 4, 1996, 110 Stat. 1125§ 1931
- Repealed. Pub. L. 104–127, title III, § 336(b)(1), Apr. 4, 1996, 110 Stat. 1006§ 590p
- Authorization of appropriations; distribution of appropriated funds§ 590o
- Funding and administration§ 2204
- Special program to encourage the consumption of fluid milk by children; authorization of appropriations; eligibility for special milk program; minimum rate of reimbursement; ineligibility of commodity only schools§ 1772
- Special supplemental nutrition program for women, infants, and children§ 1786
- Medicaid and CHIP Payment and Access Commission§ 1396
- Consolidated block grants for Puerto Rico and American Samoa§ 2028
- Establishment of supplemental nutrition assistance program§ 2013
- Nutrition services incentive program§ 3030a
- Rules and regulations; advance payment for rent and other service; funds for courtesies to foreign representatives§ 1766
- Personnel§ 1762
- United States policy§ 1691
- Use of Commodity Credit Corporation§ 1736
- Government agencies§ 2392
- Use of local currency payment§ 1704
- Short title§ 1
- Administrative expenses§ 2249
- Omitted§ 1623a
- Transferred§ 427
- Specific powers of Corporation§ 714c
- Application§ 1301
- General powers of Secretary§ 1479
- Prepayment of loans§ 936a
- Guaranteed loans; accommodations and subordination of liens; interest rates; assignability of guaranteed loans and related guarantees§ 936
- Price support levels for designated nonbasic agricultural commodities§ 1446
- Minority Resource Center§ 332
- Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]§ 2304
- Omitted§ 1517a
- Service of process in court proceedings§ 1324
- Apportionment§ 104
- Highway safety improvement program§ 148
- Cooperation with Federal and State agencies and foreign countries§ 308
- Highway safety programs§ 402
- Agency accountability§ 408
- Repealed. Pub. L. 102–533, § 7(c), Oct. 27, 1992, 106 Stat. 3519§ 602
- Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379§ 601
- National Highway System§ 103
- Reports§ 308
- Leadership, consultation, and cooperation§ 301
- Open container requirements§ 154
- Construction and operation of bridges§ 525
- Railway-highway crossings§ 130
- Tribal transportation program§ 202
- Authority of the Secretary§ 401
- Penalties§ 924
- Powers, authorities, and duties of United States Secret Service§ 3056
- Uniform allowances§ 5901
- Congressional findings and declaration of purpose§ 1692
- Customs Forfeiture Fund§ 1613b
- General duties§ 403
- Repealed. Pub. L. 105–33, title VII, § 7003(a)(1), Aug. 5, 1997, 111 Stat. 663]§ 2004
- Appropriations§ 2401
- Compensation of the President§ 102
- Domestic Policy Staff and Office of Administration; personnel§ 107
- Assistance and services for the President§ 105
- Traveling expenses§ 103
- Assistance and services for the Vice President§ 106
- Congressional declarations§ 1021
- Declaration of conditions§ 601
- Definitions§ 571
- Pay fixed by administrative action§ 5306
- Stockpile management§ 98e
- National Defense Stockpile Transaction Fund§ 98h
- Congressional findings and declaration of purpose§ 98a
- Duties; authorization of grants for historical publications and records programs; authorization for appropriations§ 2504
- Civil Service Retirement and Disability Fund§ 8348
- Transferred§ 776
- Administration of certain disability benefits§ 3682
- Membership§ 7443
- General authority to employ§ 3101
- The Postal Service Fund§ 2003
- Prevailing rate determinations; wage schedules; night differentials§ 5343
- Office of Personnel Management§ 1101
- Engraving and printing currency and security documents§ 5114
- Authority to grant, issue, and verify passports§ 211a
- Back pay due to unjustified personnel action§ 5596
- General provisions§ 6302
- Use of official mail in the location and recovery of missing children§ 3220
- Relocation expenses of employees transferred or reemployed§ 5724a
- Commissions, councils, boards, and interagency and similar groups§ 1346
- Printing bills and joint resolutions§ 106
- Residence of Members of Congress for State income tax laws§ 113
- Repealed. Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664]§ 5532
- Transferred§ 426
- Loans and commitments to make loans for low-income housing projects§ 1437b
- Purposes§ 601
- Basic allowance for housing§ 403
- Adjustments of monthly basic pay§ 1009
- Definitions§ 1002
- Economic assistance and food security§ 1701
- Disposition of commodities to prevent waste§ 1431
- Contract sanctity and producer embargo protection§ 1736y
- Repealed. Pub. L. 101–624, title XV, § 1574, Nov. 28, 1990, 104 Stat. 3702§ 1707a
- Food for progress§ 1736o
- Terms and conditions of sales§ 1703
- Provision of agricultural commodities§ 1722
- Repealed. Pub. L. 107–171, title III, § 3006, May 13, 2002, 116 Stat. 282§ 1726
- Administration§ 1726a
- General authority§ 1721
- International food relief partnership§ 1726b
- Omitted§ 1444e
- Cotton price support levels§ 1444
- Price support levels§ 1441
- Farmer owned reserve program§ 1445e
- Enforcing discretionary spending limits§ 901
- ESTABLISHMENT OF PROGRAM.§ 1466
- Payments and grants of aid§ 590h
- Eligibility for loans§ 1961
- Payment limitations§ 1308
- Payments§ 3834
- Conservation reserve§ 3831
- Repealed. Pub. L. 104–127, title VII, § 780, Apr. 4, 1996, 110 Stat. 1151§ 940a
- Use of funds§ 940b
- Cushion of credit payments program§ 940c
- Orders§ 608c
- Plant variety protection fees§ 2371
- Crop insurance§ 1508
- Short title and application of other provisions§ 1501
- Regulation of fuels§ 7545
- Congressional findings and declaration of purpose§ 7401
- Workfare§ 2029
- Repealed. Pub. L. 110–234, title IV, § 4115(b)(14), May 22, 2008, 122 Stat. 1108, and Pub. L. 110–246, § 4(a), title IV, § 4115(b)(14), June 18, 2008, 122 Stat. 1664, 1870§ 2030
- Federal payments to reduce student interest costs§ 1078
- Advances for reserve funds of State and nonprofit private loan insurance programs§ 1072
- Payments to hospitals for inpatient hospital services§ 1395ww
- Hospital providers of extended care services§ 1395tt
- Examination and treatment for emergency medical conditions and women in labor§ 1395dd
- Conditions of and limitations on payment for services§ 1395f
- Exclusions from coverage and medicare as secondary payer§ 1395y
- Definitions§ 1395x
- End stage renal disease program§ 1395rr
- Voluntary agreements for coverage of State and local employees§ 418
- Payments to health maintenance organizations and competitive medical plans§ 1395mm
- Agreements with providers of services; enrollment processes§ 1395cc
- Conditions of participation for home health agencies; home health quality§ 1395bbb
- Procedure for payment of claims of providers of services§ 1395n
- Agreements with States§ 1395aa
- Provisions relating to the administration of part A§ 1395h
- Provisions relating to the administration of part B§ 1395u
- Entitlement to hospital insurance benefits§ 426
- Regulations§ 1395hh
- Determinations; appeals§ 1395ff
- Transferred§ 13951
- Prohibition against any Federal interference§ 1395
- Appropriations to cover Government contributions and contingency reserve§ 1395w
- Special payment rules for particular items and services§ 1395m
- Payment of benefits§ 1395l
- Offset of payments to individuals to collect past-due obligations arising from breach of scholarship and loan contract§ 1395ccc
- Breach of scholarship contract or loan repayment contract§ 254o
- Scope of benefits; definitions§ 1395k
- Provider education and technical assistance§ 1395zz
- Definitions§ 1396d
- Amount of premiums for individuals enrolled under this part§ 1395r
- Certification of medicare supplemental health insurance policies§ 1395ss
- Overpayment on behalf of individuals and settlement of claims for benefits on behalf of deceased individuals§ 1395gg
- Limitation on liability where claims are disallowed§ 1395pp
- State plans for medical assistance§ 1396a
- Use of enrollment fees, premiums, deductions, cost sharing, and similar charges§ 1396o
- Compliance with State plan and payment provisions§ 1396n
- Additional grants to Puerto Rico, Virgin Islands, Guam, and American Samoa; limitation on total payments§ 1308
- Payment to States§ 1396b
- Indian Health Service facilities§ 1396j
- Program for distribution of pediatric vaccines§ 1396s
- Payment of premiums§ 1395s
- Payment to skilled nursing facilities for routine service costs§ 1395yy
- Requirements for nursing facilities§ 1396r
- Transferred§ 13961
- Withholding of Federal share of payments for certain medicare providers§ 1396m
- Liens, adjustments and recoveries, and transfers of assets§ 1396p
- Definitions§ 201
- Formula grants to States for family planning services§ 300a
- Office of Rural Health Policy§ 912
- Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals§ 1302
- Selection of Yucca Mountain site§ 10172
- Recommendation of candidate sites for site characterization§ 10132
- Site characterization§ 10133
- Site approval and construction authorization§ 10134
- Congressional declaration of purpose§ 4321
- Congressional declaration of policy§ 2011
- Establishment and transfers§ 5841
- Consultation with States and affected Indian tribes§ 10137
- Siting a second repository§ 10172a
- Authorization of monitored retrievable storage§ 10162
- Monitored Retrievable Storage Commission§ 10163
- Survey§ 10164
- Site selection§ 10165
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Notice of disapproval§ 10166
- Benefits agreement§ 10167
- Construction authorization§ 10168
- Licensing and related regulatory functions respecting selected Administration facilities§ 5842
- Financial assistance§ 10169
- Benefits agreements§ 10173
- Content of agreements§ 10173a
- Review Panel§ 10173b
- Termination§ 10173c
- Consideration in siting facilities§ 10174
- Report§ 10174a
- Participation of States§ 10136
- Participation of Indian tribes§ 10138
- “State” defined§ 10241
- Office of Nuclear Waste Negotiator§ 10242
- Duties of Negotiator§ 10243
- Congressional findings§ 2012
- Environmental assessment of sites§ 10244
- Site characterization; licensing§ 10245
- Monitored retrievable storage§ 10246
- Environmental impact statement§ 10247
- Administrative powers of Negotiator§ 10248
- Cooperation of other departments and agencies§ 10249
- Termination of Office§ 10250
- Authorization of appropriations§ 10251
- Definitions§ 10261
- Nuclear Waste Technical Review Board§ 10262
- Functions§ 10263
- Investigatory powers§ 10264
- Compensation of members§ 10265
- Staff§ 10266
- Support services§ 10267
- Report§ 10268
- Authorization of appropriations§ 10269
- Termination of Board§ 10270
- Transportation§ 10175
- Subseabed disposal§ 10204
- Nuclear Waste Fund§ 10222
- Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved§ 181
- Failure to comply with provisions of lease§ 188
- Oil or gas leases; partial assignments§ 187a
- Oil and gas leasing program for non-North Slope Federal lands§ 3148
- Disposition of moneys received§ 191
- Additions to existing national forests; administration§ 539
- Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; “irrigation district or other public agency” defined§ 421b
- Administrative provisions§ 390ww
- Trusts§ 390nn
- Congressional statement of purpose§ 3601
- Payments to Republic of Panama§ 3751
- Insurance§ 3779
- Authority to lease office space§ 3712a
- Supervisory Board§ 3612
- Settlement of claims generally§ 3761
- Injuries in locks of canal; adjustment and payment of claims§ 3771
- Annual report§ 3871
- Panama Canal Revolving Fund§ 3712
- Panama Canal emergency authority§ 3713
- Repealed. Pub. L. 104–201, div. C, title XXXV, § 3546(a)(8), Sept. 23, 1996, 110 Stat. 2868§ 3711
- Borrowing authority§ 3714
- Interest on investments§ 3793
- Bases of tolls§ 3792
- Repealed. Pub. L. 104–201, div. C, title XXXV, § 3546(a)(6), Sept. 23, 1996, 110 Stat. 2868§ 3683
- Disaster relief§ 3753
- Congressional restraints on property transfers and tax expenditures; formal apprisal of Panama§ 3754
- Repealed. Pub. L. 109–58, title VI, § 637(b), Aug. 8, 2005, 119 Stat. 791§ 2213
- Alternative forms of annuities§ 8343a
- Contributions§ 8906
- Regulations§ 1816
- Definitions§ 622
- Provisions relating to consideration of concurrent resolutions on the budget§ 636
- Definitions relating to employment§ 410
- “Wages” defined§ 409
- Definitions§ 3121
- Rate of tax§ 3111
- Administration and supervision of Service§ 202
- Disability insurance benefit payments§ 423
- Additional definitions§ 416
- SHORT TITLE.§ 411
- Definitions§ 1402
- Rate of tax§ 3201
- Railroad Retirement Account§ 231n
- Eligible States; State plan§ 602
- Administration§ 616
- Grants to States§ 603
- Resources§ 1382b
- Eligibility for benefits§ 1382
- Eligibility for medical assistance of aged, blind, or disabled individuals under State’s medical assistance plan§ 1383c
- Payments to State for operation of supplementation program§ 1382g
- Income; earned and unearned income defined; exclusions from income§ 1382a
- Foster care maintenance payments program§ 672
- Payments to States§ 674
- Definitions§ 675
- Adoption and guardianship assistance program§ 673
- Allotments§ 1397b
- Definitions§ 1301
- Purpose§ 621
- Research, training, or demonstration projects§ 626
- Distribution of collected support§ 657
- State plan for child and spousal support§ 654
- Duties of Secretary§ 652
- Approval of State laws§ 3304
- Rate of tax§ 3301
- Employment security administration account§ 1101
- Transfers between Federal unemployment account and employment security administration account§ 1102
- Extended unemployment compensation account§ 1105
- Repayable advances to Federal unemployment account§ 1323
- Amounts transferred to State accounts§ 1103
- Repayment by State; certification; transfer; interest on loan; credit of interest on loan§ 1322
- Imposition of tax§ 4131
- Definitions and special rules§ 4132
- Certain tax-free sales§ 4221
- Vaccine Injury Compensation Trust Fund§ 9510
- Minimum funding standards§ 412
- Minimum funding standards§ 1082
- Tax imposed§ 1
- Taxes on failure to meet minimum funding standards§ 4971
- Duty of disclosure and reporting§ 1021
- Definitions and special rules§ 414
- Minimum funding standards for single-employer defined benefit pension plans§ 1083
- Minimum funding standards for multiemployer plans§ 1084
- Minimum funding standards§ 1085a
- Deduction for contributions of an employer to an employees’ trust or annuity plan and compensation under a deferred-payment plan§ 404
- Allocation of assets§ 1344
- Repealed. Pub. L. 100–203, title IX, § 9312(a), Dec. 22, 1987, 101 Stat. 1330–361§ 1349
- Liability for termination of single-employer plans under a distress termination or a termination by corporation§ 1362
- Lien for liability§ 1368
- Single-employer plan benefits guaranteed§ 1322
- Definitions§ 1301
- Termination of single-employer plans§ 1341
- Institution of termination proceedings by the corporation§ 1342
- Pension benefit guaranty funds§ 1305
- Recovery of liability for plan termination§ 1367
- Amounts payable by corporation§ 1361
- Penalty for failure to timely provide required information§ 1371
- Congressional findings and declaration of policy§ 1001
- Premium rates§ 1306
- Payment of premiums§ 1307
- Qualified pension, profit-sharing, and stock bonus plans§ 401
- Coverage§ 1081
- Annual reports§ 1023
- Filing with Secretary and furnishing information to participants and certain employers§ 1024
- Limitation of actions§ 1113
- Civil enforcement§ 1132
- Procedures in connection with the issuance of certain determination letters by the Secretary of the Treasury covering qualifications under Internal Revenue Code§ 1201
- Establishment of trust§ 1103
- Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans§ 1107
- Benefit accrual requirements§ 1054
- Minimum vesting standards§ 411
- Authority to make credits or refunds§ 6402
- Fees for certain customs services§ 58c
- Definitions§ 81a
- Bonded warehouses§ 1555
- Deposit of reimbursable charges§ 1524
- Superintendence of collection of import duties§ 3
- Organization of Commission§ 1330
- Appropriations authorization§ 2075
- Establishment of Service; Commissioner; appointment§ 2071
- Effect of changes§ 15
- Expenses for household and dependent care services necessary for gainful employment§ 21
- Interest§ 163
- Retirement savings§ 219
- 2-percent floor on miscellaneous itemized deductions§ 67
- Short title§ 77a
- Excise tax on undistributed income of regulated investment companies§ 4982
- Repealed. Pub. L. 100–203, title X, § 10201(a), Dec. 22, 1987, 101 Stat. 1330–387]§ 463
- Installment method§ 453
- Special rules for long-term contracts§ 460
- Method of accounting for corporations engaged in farming§ 447
- Election of taxable year other than required taxable year§ 444
- Required payments for entities electing not to have required taxable year§ 7519
- Certain publicly traded partnerships treated as corporations§ 7704
- Denial of certain losses§ 58
- Unrelated business taxable income§ 512
- Unrelated debt-financed income§ 514
- Dividends received by corporations§ 243
- Computation and payment of tax§ 1503
- Distributions of property§ 301
- Redemption through use of related corporations§ 304
- Tax imposed§ 11
- Limitation on net operating loss carryforwards and certain built-in losses following ownership change§ 382
- Limitation on use of preacquisition losses to offset built-in gains§ 384
- Effect of election on corporation§ 1363
- Greenmail§ 5881
- Taxes of foreign countries and of possessions of United States§ 901
- Rules for certain reserves§ 807
- Foreign companies carrying on insurance business§ 842
- Life insurance company defined§ 816
- Adjustments in computing alternative minimum taxable income§ 56
- Failure by corporation to pay estimated income tax§ 6655
- Reserves for losses on loans of banks§ 585
- Income tax collected at source§ 3402
- Failure by individual to pay estimated income tax§ 6654
- Imposition and rate of tax§ 2001
- Transfers with retained life estate§ 2036
- Repealed. Pub. L. 113–295, div. A, title II, § 221(a)(97)(A), Dec. 19, 2014, 128 Stat. 4051]§ 2057
- Tax on certain dispositions by employee stock ownership plans and certain cooperatives§ 4978
- Alcohol, etc., used as fuel§ 40
- Authority of Department of the Treasury§ 7801
- Repealed. Pub. L. 109–59, title XI, § 11125(a)(3), Aug. 10, 2005, 119 Stat. 1953]§ 5276
- Imposition and rate of tax§ 5731
- Imposition of tax§ 5801
- Amount of credit§ 51
- Illegal Federal irrigation subsidies§ 90
- State escheat laws not to apply§ 6408
- Commissioner of Internal Revenue; other officials§ 7803
- Private activity bond; qualified bond§ 141
- Indian tribal governments treated as States for certain purposes§ 7871
- Disclosure of nondeductibility of contributions§ 6113
- Failure to disclose that contributions are nondeductible§ 6710
- Publicity of information required from certain exempt organizations and certain trusts§ 6104
- Returns by exempt organizations§ 6033
- Assessable penalty with respect to public inspection requirements for certain tax-exempt organizations§ 6685
- Failure to file certain information returns, registration statements, etc.§ 6652
- Failure by tax-exempt organization to disclose that certain information or service available from Federal Government§ 6711
- Charitable, etc., contributions and gifts§ 170
- Taxes on political expenditures of section 501(c)(3) organizations§ 4955
- Action to enjoin flagrant political expenditures of section 501(c)(3) organizations§ 7409
- Termination assessments in case of flagrant political expenditures of section 501(c)(3) organizations§ 6852
- Place for filing returns or other documents§ 6091
- Tax on disqualifying lobbying expenditures of certain organizations§ 4912
- Statutes at Large; contents; admissibility in evidence§ 112
statutes-at-large
- To revise and clarify the authority of the Administrator of General Services relating to the acquisition and management of certain property in the city of New YorkPublic Law 101–156
- Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending September 30, 1980, and for other purposesPublic Law 96–68
- To amend the Act establishing a Commission on the Bicentennial of the Constitution of the United States to clarify the status of employees of the Commission, to raise the limits on private contributions, and for other purposesPublic Law 99–549
- Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1991, and for other purposesPublic Law 101–518
- /statutes-at-large/vol-105/reorganization-plan-p561Reorganization Plan
- /statutes-at-large/vol-72/public-law-85-451Public Law 85–451
- /statutes-at-large/vol-33/chapter-1417Chapter 1417
- /statutes-at-large/vol-72/public-law-85-692Public Law 85–692
- To amend the National Capital Transportation Act of 1969 relating to the Washington Metrorail SystemPublic Law 101–551
- To reorganize public postsecondary education in the District of Columbia, establish a Board of Trustees, authorize and direct the Board of Trustees to consolidate the existing local institutions of public postsecondary education into a single Land-Grant University of the District of Columbia, directPublic Law 93–471
- /statutes-at-large/vol-74/public-law-86-736Public Law 86–736
- To amend the Water Resources Development Act of 1986 relating to the level of flood protection provided by the flood control project for Lock Haven, PennsylvaniaPublic Law 100–109
- /statutes-at-large/vol-50/public-law-388Public Law 388
- To amend title HI of the Colorado River Basin Project Act, Public Law 90–537 (82 Stat. 885), as amended by Public Law 95–578 (92 Stat 2471), and Public Law 96–375 (94 Stat. 1505)Public Law 97–373
- /statutes-at-large/vol-75/public-law-87-293Public Law 87–293
- Making supplemental appropriations for the fiscal year ending September 30, 1984, and for other purposesPublic Law 98–181
- /statutes-at-large/vol-101/public-law-100-6Public Law 100–6
- /statutes-at-large/vol-101/public-law-100-76Public Law 100–76
- Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 2001, and for other purposesPublic Law 106–377
- /statutes-at-large/vol-49/private-law-436Private Law 436
- Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1977, and for other purposesPublic Law 94–373
- to withdraw certain public lands in Lincoln County, Nevada, and for other purposes” (Public [98 Stat. 2261](/us/stat/98/2261)Public Law 100–280
- To permit the Secretary of the Interior to accept privately donated funds and to expend such funds on property on the National Register of Historic PlacesPublic Law 96–244
- /statutes-at-large/vol-48/public-law-168Public Law 168
- Entitled the “Indian Self-Determination Amendments of 1987”Public Law 100–472
- /statutes-at-large/vol-42/chapter-115Chapter 115
- To authorize an appropriation for roads on Indian reservationsChapter 756
- /statutes-at-large/vol-88/public-law-93-262Public Law 93–262
- /statutes-at-large/vol-98/public-law-98-453Public Law 98–453
- To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposesPublic Law 95–134
- To authorize appropriations for certain insular areas of the United States, and for other purposesPublic Law 95–348
- To extend certain protections under title 11 of the United States Code, the Bankruptcy CodePublic Law 100–41
- To designate the United States Courthouse under construction at 1030 Southwest 3rd Avenue, Portland, Oregon, as the “Mark OPublic Law 104–221
- /statutes-at-large/vol-46/chapter-389Chapter 389
- To amend title 5, United States Code, to grant court leave to Federal employees when called as witnesses in certain judicial proceedings, and for other purposesPublic Law 94–310
- /statutes-at-large/vol-86/public-law-92-312Public Law 92–312
- /statutes-at-large/vol-98/public-law-98-472Public Law 98–472
- /statutes-at-large/vol-100/public-law-99-271Public Law 99–271
- /statutes-at-large/vol-83/public-law-91-190Public Law 91–190
- To authorize appropriations for activities and programs carried out by the Secretary of the Interior through the Bureau of Land ManagementPublic Law 95–352
- To provide for the Forest Service, Department of Agriculture, to protect, develop, and enhance the productivity and other values of certain of the Nation’s lands and resources, and for other purposesPublic Law 93–378
- To amend the Act which established the Frederick Law Olmsted National Historic Site, in the Commonwealth of Massachusetts, by modifying the boundary, and for other purposesPublic Law 105–343
- To establish a new congressional budget process; to establish Committees on the Budget in each House; to establish a Congressional Budget Office; to establish a procedure providing congressional control over the impoundment of funds by the executive branch; and for other purposesPublic Law 93–344
- To approve a settlement agreement between the Bureau of Reclamation and the Oroville-Tonasket Irrigation DistrictPublic Law 105–9
register
626 references not yet in our index
- Pub. L. 100-201
- Pub. L. 100-202
- Pub. L. 91-304
- 22 USC 40105
- Pub. L. 100-71
- Pub. L. 95-372
- Pub. L. 96-339
- Pub. L. 94-265
- Pub. L. 96-561
- 5 USC 5901–5902
- Pub. L. 99-554
- Pub. L. 96-422
- 94 Stat. 1809
- 94 Stat. 1810
- Pub. L. 99-603
- Pub. L. 99-570
- 100 Stat. 3207
- 42 USC 3796n
- Pub. L. 96-132
- 41 USC 11(a)
- 63 Stat. 396
- 41 USC 255
- 19 Stat. 370
- 40 USC 34
- 41 USC 22
- 63 Stat. 395
- 41 USC 254
- 51 FR 28576
- 8 CFR 210.1(j)
- 3 USC 208
- 22 USC 292–300
- Pub. L. 96-8
- 59 Stat. 89
- 22 USC 276
- Pub. L. 74-170
- Pub. L. 84-689
- Pub. L. 86-42
- Pub. L. 86-420
- 40 USC 13a–13b
- Pub. L. 90-219
+ 586 more
Citation graph
cites case law
Public Law 100–201
To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas
F. App'x778 F.2d 1
Pub. L.Pub. L. 100-201
Pub. L.Pub. L. 100-202
Cites 1,400 · showing 12Cited by 0 across 0 sources